SB1876 101ST GENERAL ASSEMBLY

LRB101 10190 LNS 55294 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1876

Introduced 2/15/2019, by Sen. Sue Rezin

SYNOPSIS AS INTRODUCED:

765 ILCS 705/17 new

Amends the Landlord and Tenant Act. Provides that a lessor of a dwelling unit shall disclose to lessees risks of flooding. Provides that the Act only applies to a dwelling unit located on or below the second story. Provides that, for every lease or rental agreement entered into on or after July 1, 2019, the lessor shall disclose that: (1) the property is located in a special flood hazard area or an area of potential flooding, if the lessor has actual knowledge of that fact; and (2) the lessor's insurance does not cover the loss of the lessee's personal possessions and it is recommended that the lessee consider purchasing renter's insurance and flood insurance to insure his or her possessions from loss due to fire, flood, or other risk of loss. Effective immediately.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Landlord and Tenant Act is amended by adding Section 17 as follows:

(765 ILCS 705/17 new)

Sec. 17. Flooding disclosure.

(a) A lessor of a dwelling unit shall disclose to lessees risks of flooding consistent with the provisions of this Section. For the purposes of this Section, "dwelling unit" means a room or suite of rooms used for human habitation and for which a lessor and a lessee have a written lease agreement.

(b) The provisions of this Section apply only to a dwelling unit located on or below the second story.

(c) For every lease or rental agreement entered into on or after July 1, 2019, the lessor shall disclose that:

(1) The property is located in a special flood hazard area or an area of potential flooding, if the lessor has actual knowledge of that fact. For purposes of this Section, "actual knowledge" includes the following:

(i) the lessor has received written notice from any public agency stating that the property is located in a special flood hazard area or an area of potential flooding;

(ii) the property is located in an area in which the lessor's mortgage holder requires the owner to carry flood insurance;

(iii) the lessor currently carries flood insurance; or

(iv) the lessor has any damages, claims sought, or some other documentable, verifiable evidence that there have been instances of flooding.

(2) The lessor's insurance does not cover the loss of the lessee's personal possessions and it is recommended that the lessee consider purchasing renter's insurance and flood insurance to insure his or her possessions from loss due to fire, flood, or other risk of loss.

Section 99. Effective date. This Act takes effect upon becoming law.