Full Text of HB5390 102nd General Assembly
HB5390ham001 102ND GENERAL ASSEMBLY | Rep. Edgar Gonzalez, Jr. Filed: 2/15/2022
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| 1 | | AMENDMENT TO HOUSE BILL 5390
| 2 | | AMENDMENT NO. ______. Amend House Bill 5390 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the Keep | 5 | | Illinois Home Act. | 6 | | Section 5. Findings. The General Assembly finds that: | 7 | | (a) There is a significant shortage of safe, affordable, | 8 | | and healthy rental housing in the State, especially for | 9 | | hundreds of thousands of lower-income renters. One-third of | 10 | | residents, or nearly 1.6 million households, depend on rental | 11 | | housing. | 12 | | (b) The rate at which rent has increased in the State has | 13 | | continued to outpace the increase in residents' real wages, | 14 | | resulting in an increasing rent burden borne by households, | 15 | | especially vulnerable populations. This growing burden | 16 | | threatens the quality and stability of housing available to |
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| 1 | | renters. | 2 | | (c) Many households that depend on rental housing are | 3 | | low-income and are rent-burdened, meaning that they pay more | 4 | | than 30% of the household income on rent. Additionally, some | 5 | | of these households are severely cost-burdened, meaning that | 6 | | the household must devote more than 50% of the household | 7 | | income to paying rent, leaving little for other household | 8 | | necessities such as health care, education, vocational | 9 | | training, transportation, or utilities. | 10 | | (d) An inability to find affordable housing negatively | 11 | | impacts tenants' economic stability, health and well-being, | 12 | | and capacity to participate in their communities. A lack of | 13 | | stable housing may limit a parent's ability to maintain | 14 | | employment, a child's capacity to succeed at school, and, for | 15 | | lower-income families, the potential to escape the cycle of | 16 | | poverty. | 17 | | (e) Tenants' inability to find and retain affordable | 18 | | housing results in increased rates of involuntary | 19 | | displacement, eviction, and property turnover, creating | 20 | | additional burdens for landlords and property owners, social | 21 | | service agencies, local governments, and the judicial system, | 22 | | as well as renter households. | 23 | | Section 10. Purpose. The purpose of this Act is to promote | 24 | | the maintenance and expansion of the supply of healthy, | 25 | | accessible, safe, and affordable rental housing, and to |
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| 1 | | establish the rights and obligations of landlords and tenants | 2 | | in the rental of dwelling units in the State. This Act is | 3 | | remedial in its general purpose and shall be construed | 4 | | liberally to achieve its objectives. | 5 | | Section 15. Definitions. As used in this Act: | 6 | | "Administering entity" means the organization contracted | 7 | | by or party to a memorandum of agreement with the | 8 | | Administrative Office of the Illinois Courts to administer the | 9 | | Right to Counsel Program in accordance with Section 30. | 10 | | "Area median income" means the median income published | 11 | | annually for each metropolitan and nonmetropolitan area by the | 12 | | U.S. Department of Housing and Urban Development. | 13 | | "Consideration" includes, but is not limited to, money and | 14 | | the fair market value of goods and services rendered for the | 15 | | benefit of the landlord under the rental agreement. | 16 | | "Covered individual" means any party to a covered matter | 17 | | who is a tenant, lessee, or occupant, for residential | 18 | | purposes, of any land or building, any apartment in any | 19 | | building, any dwelling unit, any trailer or mobile | 20 | | manufactured home, or any land upon which a trailer or mobile | 21 | | manufactured home is used or stands. | 22 | | "Covered matter" means any notice to quit or notice to | 23 | | terminate tenancy delivered to, or any summary process action | 24 | | instituted against, a covered individual under Article IX of | 25 | | the Code of Civil Procedure or any administrative proceeding |
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| 1 | | against a covered individual necessary to preserve a State or | 2 | | federal housing subsidy or to prevent a proposed termination | 3 | | of the lease. | 4 | | "Designated organization" means any not-for-profit legal | 5 | | services organization that provides legal representation in a | 6 | | covered matter to a covered individual. | 7 | | "Dwelling" means any privately owned parcel of real | 8 | | property in the State that is assessed and taxed as an | 9 | | undivided whole with one or more dwelling units rented or | 10 | | available for rent for residential use and occupancy on or | 11 | | after the effective date of this Act. "Dwelling" includes a | 12 | | dwelling unit within a common-interest community, including a | 13 | | condominium or cooperative building, that is held out for rent | 14 | | and not occupied by the owner of record. "Dwelling" does not | 15 | | include a commercial unit in a mixed-use development, hospital | 16 | | or skilled nursing facility, transitory dwelling that is not | 17 | | ordinarily occupied by the same tenant for more than 31 days, | 18 | | convent or monastery, extended care facility, asylum or | 19 | | not-for-profit home for the aged, temporary overnight shelter, | 20 | | transitional shelter, dormitory owned and operated by an | 21 | | elementary school, high school, or institution of higher | 22 | | learning, student housing accommodation wherein a housing | 23 | | agreement or housing contract is entered into between the | 24 | | student and an institution of higher learning or student | 25 | | housing wherein the institution exercises control or | 26 | | supervision of the student, or student housing owned and |
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| 1 | | operated by a tax-exempt organization affiliated with an | 2 | | institution of higher learning. | 3 | | "Dwelling unit" refers to any building, structure, or part | 4 | | thereof, or land appurtenant thereto, or any other rental | 5 | | property rented or offered for rent for residential purposes, | 6 | | together with all common areas and recreational facilities | 7 | | held out for use by the tenant. For the purposes of Sections 20 | 8 | | and 25, "dwelling unit" does not include a subsidized housing | 9 | | unit or unit with rent that is controlled, regulated, or | 10 | | subsidized by any governmental unit, agency, or authority. | 11 | | "Landlord" means an owner of record, agent, lessor, or | 12 | | sublessor, or the successor in interest of any of them, of a | 13 | | dwelling or dwelling unit. | 14 | | "Legal representation" means representation in a covered | 15 | | matter provided by a designated organization to a covered | 16 | | individual, and all legal advice, advocacy, and assistance | 17 | | associated with the representation, subject to and in | 18 | | accordance with the Illinois Rules of Professional Conduct. | 19 | | "Median area rent" means the median of rent charged for a | 20 | | residential dwelling unit with the same number of bedrooms in | 21 | | each county or the other unit of local government as defined by | 22 | | the Illinois Housing Development Authority. | 23 | | "Person with a disability" has the meaning given to that | 24 | | term in paragraph (2) of subsection 2FF of the Consumer Fraud | 25 | | and Deceptive Business Practices Act. | 26 | | "Rent" means the consideration demanded or received in |
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| 1 | | connection with the use and occupancy of a dwelling unit. | 2 | | "Rent" does not include a security deposit or other fund held | 3 | | in trust for the tenant but includes other fees, costs, and | 4 | | consideration, regardless of whether they are denominated as | 5 | | rent. | 6 | | "Rental agreement" means an agreement, oral, written, or | 7 | | implied, between a landlord and tenant for use or occupancy of | 8 | | a dwelling unit and associated services. | 9 | | "Subsidized housing" has the meaning given to that term in | 10 | | Section 3 of the Subsidized Housing Joint Occupancy Act.
| 11 | | "Tenant" means a person entitled by a rental agreement, | 12 | | subtenancy approved by the landlord, or by sufferance, to | 13 | | occupy a dwelling unit. | 14 | | Section 20. Establishment of annual rent increase limit. | 15 | | (a) This Section is designed to stabilize rent, prevent | 16 | | displacement due to sudden and substantial rent increases and | 17 | | ensure affordability and predictability of future rent | 18 | | increases. The annual limit on rent increases established by | 19 | | this Section applies to a rental unit, rather than an | 20 | | individual tenant household. | 21 | | (b) A landlord may increase the rent no more than once | 22 | | every 12 months. A landlord may not increase the rent beyond | 23 | | what is permitted by this Section, regardless of whether a | 24 | | tenant moves out of, or is otherwise displaced from, the | 25 | | dwelling unit, or ownership or management of the dwelling unit |
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| 1 | | has changed. If a landlord has not increased the rent within 12 | 2 | | months before a tenant moves into the dwelling unit, the | 3 | | landlord may only increase the rent to the extent allowed by | 4 | | this Section. | 5 | | (c) No more than once every 12 months, upon a 90-day | 6 | | written notice, a landlord may increase the rent for a | 7 | | dwelling unit in which a tenant resides by a rate no greater | 8 | | than 5%. The permissible percentage change shall be calculated | 9 | | using the lowest gross rental rate charged for that dwelling | 10 | | unit at any time during the 12 months prior to the effective | 11 | | date of the increase. | 12 | | (d) A landlord who has not registered a particular | 13 | | dwelling unit with the Residential Rental Registry may not | 14 | | increase the rent charged for the dwelling unit until the | 15 | | landlord registers the dwelling unit with the Residential | 16 | | Rental Registry. | 17 | | (e) A landlord who temporarily removes a dwelling unit | 18 | | from the rental market and later relists the property for rent | 19 | | may only increase the rental rate charged for the unit in | 20 | | accordance with this Section, regardless of how long the | 21 | | dwelling unit is vacant. If the unit is vacant for more than 12 | 22 | | months, the permissible percentage change shall be calculated | 23 | | using the gross rental rate charged when the unit was last | 24 | | occupied. | 25 | | Section 25. Establishment of Residential Rental Registry. |
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| 1 | | (a) The State hereby establishes the Residential Rental | 2 | | Registry and finds and declares that the rental of a dwelling | 3 | | unit constitutes a business or activity which impacts the | 4 | | public health, safety, and general welfare of the people of | 5 | | the State. The intent of this Section is to protect the public | 6 | | health, safety, and general welfare of the people of the State | 7 | | and to further achieve the beneficial purposes of: | 8 | | (1) protecting the character and stability of | 9 | | residential areas; | 10 | | (2) augmenting the correction and prevention of | 11 | | housing conditions that adversely affect or are likely to | 12 | | adversely affect the health, life, safety, and general | 13 | | welfare, including the physical, mental, and social | 14 | | well-being of a person occupying a dwelling; | 15 | | (3) gathering information to enable the State, tenant, | 16 | | and the public to have a better understanding of and | 17 | | transparency concerning the State's rental housing stock, | 18 | | its ownership, and condition; and | 19 | | (4) further educating a landlord regarding the | 20 | | landlord's obligations. | 21 | | (b) No person shall allow to be occupied, or rent to | 22 | | another for occupancy, or charge, accept, or retain rent for | 23 | | any dwelling unit unless the landlord has duly registered the | 24 | | dwelling unit with the Illinois Housing Development Authority. | 25 | | Each landlord of one or more dwelling unit, including a | 26 | | condominium and cooperative unit, in the State shall register |
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| 1 | | each dwelling unit by January 15th of each year with the | 2 | | Illinois Housing Development Authority. For a condominium and | 3 | | cooperative, the property required to be registered shall be | 4 | | the individual dwelling unit being rented or offered for rent, | 5 | | and not the entire building or development. Within 15 days | 6 | | after a change in ownership of a dwelling unit, the new | 7 | | landlord shall notify the Illinois Housing Development | 8 | | Authority of the change. | 9 | | (c) The Illinois Housing Development Authority shall | 10 | | prepare and make available an Internet registration web form | 11 | | for a landlord to complete that collects information the | 12 | | Illinois Housing Development Authority deems desirable and | 13 | | necessary to fulfill the purposes of this Section. The data | 14 | | collected pursuant to this Section shall be made publicly | 15 | | available in the form of a searchable and exportable database. | 16 | | The information collected from a landlord includes, but is not | 17 | | limited to: | 18 | | (1) the street address and property index number of | 19 | | the building within which any dwelling unit is located; | 20 | | (2) the number of dwelling units in the building, the | 21 | | number of floors in the building, the floor number and | 22 | | unit number or letter designation for each dwelling unit | 23 | | that is or may be available for rent at any time, and the | 24 | | number of bedrooms in each dwelling unit; | 25 | | (3) the rental rate charged at the time of | 26 | | registration for each dwelling unit; |
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| 1 | | (4) the name, street address, email, and telephone | 2 | | number of the landlord; | 3 | | (5) if the landlord is a corporation, partnership, | 4 | | limited partnership, limited liability company, or other | 5 | | entity, the name, title, street address, telephone number, | 6 | | associated website address, if any, and email of a | 7 | | responsible individual partner, member, or officer, and of | 8 | | any partner, member, or officer holding a 20% or greater | 9 | | interest in the entity. If no one person holds 20% or | 10 | | greater interest in the entity, the foregoing information | 11 | | for each of the 5 persons holding the most interest in the | 12 | | entity shall be disclosed; | 13 | | (6) the name, street address, email, associated | 14 | | website address, if any, and telephone number of the | 15 | | property manager, if different from the landlord; and | 16 | | (7) the name, street address, telephone number, and | 17 | | email of the person or entity the tenant is to contact when | 18 | | requesting repairs be made to the tenant's dwelling unit, | 19 | | and the contact person's business relationship to the | 20 | | owner. | 21 | | For purposes of this Section, a post office box or | 22 | | commercial mail receiving service shall not be accepted as the | 23 | | landlord's or property manager's address. The building and | 24 | | dwelling unit being registered shall not be accepted as the | 25 | | landlord's address, unless it is the principal place of | 26 | | business or residence of the landlord. |
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| 1 | | Failure to provide required information or to pay the | 2 | | registration fee shall be grounds for Illinois Housing | 3 | | Development Authority to disallow registration. | 4 | | (d) Unless otherwise provided, any person who violates | 5 | | this Section, or provides false or misleading information to | 6 | | the Illinois Housing Development Authority, or violates any | 7 | | rule adopted hereunder, shall be barred and prohibited from | 8 | | filing an eviction action or other action under the Code of | 9 | | Civil Procedure seeking possession of any dwelling unit within | 10 | | the building for which the false or misleading information was | 11 | | provided, and shall be fined $100 per dwelling unit. Each day | 12 | | that a violation exists shall constitute a separate and | 13 | | distinct offense. If the failure of a landlord to register a | 14 | | dwelling unit is willful or a landlord knowingly provides | 15 | | false information in a registration statement, then the State | 16 | | shall, in addition to other remedies, claw back or recover any | 17 | | financial benefit given, awarded, or credited to the landlord | 18 | | for the 7 years preceding the landlord's act or omission. | 19 | | Liability for a violation of this Section shall be joint and | 20 | | several among owners. The remedies available under this | 21 | | Section are cumulative and not exclusive. | 22 | | (e) The Illinois Housing Development Authority shall | 23 | | administer this Section and shall adopt rules for the | 24 | | effective administration of this Section within 90 days of the | 25 | | effective date of this Act. The Illinois Housing Development | 26 | | Authority shall consult and cooperate with other pertinent |
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| 1 | | State departments and agencies in the implementation, | 2 | | administration, and enforcement of the provisions of this | 3 | | Section. The Illinois Housing Development Authority shall | 4 | | establish and maintain the rental registry on a user-friendly, | 5 | | publicly accessible, searchable website, and shall include, in | 6 | | addition to the registration forms submitted by an owner, | 7 | | records of registration violations. This website shall | 8 | | maintain public access to these records for 10 years. The | 9 | | Illinois Housing Development Authority shall enforce any | 10 | | provision of this Section through an injunction or any other | 11 | | suit, action, or proceeding at law or in equity in a court of | 12 | | competent jurisdiction. | 13 | | Section 30. Right to Counsel Program. | 14 | | (a) There is established the Right to Counsel Program for | 15 | | the purpose of providing any covered individual with legal | 16 | | representation at no cost in a covered matter, effective one | 17 | | year after the effective date of this Act. | 18 | | (b) The Judicial Branch shall contract with or enter a | 19 | | memorandum of agreement with an administering entity to | 20 | | administer the Right to Counsel Program. The administering | 21 | | entity, within the funding available to it for the Right to | 22 | | Counsel Program, shall fund the provision of legal | 23 | | representation by designated organizations under this Section. | 24 | | A designated organization may subcontract with a nonprofit or | 25 | | community organization to provide legal representation to a |
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| 1 | | covered individual, and to provide tenant outreach and | 2 | | education. A designated organization shall, at a minimum: | 3 | | (1) have substantial expertise in housing law and | 4 | | landlord tenant law and substantial experience furnishing | 5 | | free legal assistance to an eligible individual; | 6 | | (2) have a demonstrated history of serving the | 7 | | low-income community; | 8 | | (3) identify the geographic area in which the | 9 | | organization provides legal representation; | 10 | | (4) have a plan to reach and provide legal | 11 | | representation to an income-eligible person with limited | 12 | | English proficiency; and | 13 | | (5) provide appropriate supervision and training. | 14 | | (c) The administering entity may receive funds or services | 15 | | from the State or federal government, corporations, | 16 | | associations, or individuals to fund: | 17 | | (1) the provision of legal representation to a covered | 18 | | individual in a covered matter; | 19 | | (2) the administration of the Right to Counsel Program | 20 | | for the administering entity and designated organization; | 21 | | and | 22 | | (3) tenant outreach and education. | 23 | | (d) The Judicial Branch, in consultation with the | 24 | | administering entity and designated organization, shall | 25 | | approve a one-page, plain language notice to inform a tenant | 26 | | of the rights under the Right to Counsel Program. Not later |
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| 1 | | than one year after the effective date of this Act, the notice | 2 | | shall be made available on the Judicial Branch's website and | 3 | | available to the public. The notice shall include a phone | 4 | | number for accessing information and applying for assistance. | 5 | | On and after October 1, 2022, an owner, lessor, landlord, | 6 | | legal representative, or agent of an owner, lessor, or | 7 | | landlord, a housing authority, or a housing subsidy program | 8 | | administrator, as applicable, shall attach a copy of the | 9 | | notice described to: | 10 | | (1) a notice to quit delivered to a covered individual | 11 | | pursuant to Article IX of the Code of Civil Procedure; | 12 | | (2) a summons and complaint for an eviction action | 13 | | pursuant to Article IX of the Code of Civil Procedure; | 14 | | (3) a lease termination notice, including for a public | 15 | | or subsidized housing unit; and | 16 | | (4) a notice to terminate a State or federal housing | 17 | | subsidy. | 18 | | Any court notice scheduling a mediation or hearing that is | 19 | | sent to a self-represented party in a covered matter shall | 20 | | include plain language information about the availability of | 21 | | legal representation through the Right to Counsel Program and | 22 | | a phone number for accessing information and applying for | 23 | | assistance. | 24 | | (e) The administering entity, in consultation with the | 25 | | designated organization, shall determine how to phase in the | 26 | | Right to Counsel Program based on all relevant factors, |
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| 1 | | including, but not limited to: | 2 | | (1) the prioritization of certain groups of | 3 | | individuals by income, zip codes, census tracts, or other | 4 | | priority criteria developed in consultation with the | 5 | | designated organization; | 6 | | (2) the availability of program funding; | 7 | | (3) the number of trained legal services attorneys | 8 | | available to provide legal representation; and | 9 | | (4) the scope of the need for legal representation. | 10 | | (f) Nothing in this Section shall be construed to | 11 | | establish any right enforceable by a covered individual | 12 | | against a designated organization or the administering entity. | 13 | | (g) No later than one year after the effective date of this | 14 | | Act, and annually thereafter, the administering entity shall | 15 | | submit a report to the joint standing committees of the | 16 | | General Assembly having cognizance of matters relating to | 17 | | housing and the Judicial Department. The report shall include: | 18 | | (1) the number of covered individuals provided legal | 19 | | representation pursuant to this Section; | 20 | | (2) the extent of legal representation provided; | 21 | | (3) any outcomes achieved, such as the rates of tenant | 22 | | representation, tenant retention of housing, or other | 23 | | appropriate outcome measures; and | 24 | | (4) the engagement and education of tenants. | 25 | | Section 35. Small Rental Property Owner Repairs and |
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| 1 | | Improvement Fund. | 2 | | (a) The Illinois Housing Development Authority shall | 3 | | establish a fund that provides financial support in the form | 4 | | of grants, zero-interest loans, or low-interest loans, to an | 5 | | owner who owns no more than 12 dwelling units and who seeks to | 6 | | conduct capital improvements or significant repairs that would | 7 | | bring one or more dwelling unit into material compliance with | 8 | | habitability and healthy homes standards. To be eligible to | 9 | | receive financial support through the Small Rental Property | 10 | | Owner Repairs and Improvement Fund, the owner shall not charge | 11 | | rent that exceeds the applicable median area rent. | 12 | | (b) When considering and prioritizing applications for the | 13 | | Small Rental Property Owner Repairs and Improvement Fund, the | 14 | | Illinois Housing Development Authority may prioritize, among | 15 | | other factors, applications from a landlord who: | 16 | | (1) has not increased rent within the past 12 months; | 17 | | (2) has registered with the Residential Rental | 18 | | Registry; | 19 | | (3) has not received funding from the Small Landlord | 20 | | Repairs and Improvement Fund in the 3 years prior to | 21 | | submitting the landlord's application; | 22 | | (4) has maintained a reserve account for maintenance | 23 | | and repairs; | 24 | | (5) lacks insurance coverage for the repairs to be | 25 | | conducted; | 26 | | (6) has encountered unexpected repairs that |
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| 1 | | significantly reduce the habitability, health, or safety | 2 | | of the dwelling; or | 3 | | (7) meets other criteria as the Illinois Housing | 4 | | Development Authority requires. | 5 | | Section 40. Private enforcement. | 6 | | (a) A landlord who is found liable in a judicial or | 7 | | administrative proceeding, including an eviction action, to a | 8 | | tenant of a dwelling unit for charging an amount of rent for | 9 | | that dwelling unit in excess of that allowed under this Act | 10 | | shall pay the prevailing tenant damages equal to 3 times the | 11 | | total monthly rent charged, together with the actual damages, | 12 | | the tenant's costs, and reasonable attorney's fees. | 13 | | (b) It is an affirmative defense and counterclaim in any | 14 | | eviction action that the landlord has charged rent in excess | 15 | | of the amount allowed under this Act. | 16 | | (c) No landlord may terminate or threaten to terminate a | 17 | | tenancy, refuse to renew a tenancy, increase rent, or decrease | 18 | | services for a dwelling unit on the ground that the tenant has | 19 | | complained to the landlord, any governmental authority, | 20 | | community organization, or media organization of a bona fide | 21 | | violation of this Act, or worked collectively to organize a | 22 | | tenant association or other group to advocate for the tenant's | 23 | | rights under this Act. Any provision in a rental agreement or | 24 | | other agreement or understanding purporting to waive the | 25 | | protection provided by this subsection is void and |
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| 1 | | unenforceable. If a landlord is found to have acted in | 2 | | violation of this subsection, the tenant is entitled to | 3 | | recover damages in the amount of 3 times the monthly rent | 4 | | charged, together with the tenant's actual damages, the | 5 | | tenant's costs, and reasonable attorney's fees. In an action | 6 | | brought under this subsection, the tenant may also seek to | 7 | | recover possession of the dwelling unit or terminate the | 8 | | rental agreement. | 9 | | Section 45. Tenant Bill of Rights. | 10 | | (a) The rental of the following dwelling units shall not | 11 | | be governed by this Act, unless the rental agreement thereof | 12 | | is created to avoid the application of this Act: | 13 | | (1) a dwelling unit in a hotel, motel, inn, bed- | 14 | | and-breakfast establishment, rooming house, and boarding | 15 | | house, but only until the dwelling unit has been occupied | 16 | | by a tenant for 32 or more continuous days and the tenant | 17 | | pays a monthly rent, exclusive of any period of wrongful | 18 | | occupancy contrary to agreement with an owner. No landlord | 19 | | shall bring an action to recover possession of the unit or | 20 | | avoid renting monthly in order to avoid the application of | 21 | | this Act. Any willful attempt to avoid application of this | 22 | | Act by an owner may be punishable by a criminal or civil | 23 | | action; | 24 | | (2) a housing accommodation in any hospital, convent, | 25 | | monastery, extended care facility, asylum or |
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| 1 | | not-for-profit home for the aged, temporary overnight | 2 | | shelter, transitional shelter, dormitory owned and | 3 | | operated by an elementary school, high school, or | 4 | | institution of higher learning, student housing | 5 | | accommodation wherein a housing agreement or housing | 6 | | contract is entered into between the student and an | 7 | | institution of higher learning or student housing wherein | 8 | | the institution exercises control or supervision of the | 9 | | student, or student housing owned and operated by a | 10 | | tax-exempt organization affiliated with an institution of | 11 | | higher learning; | 12 | | (3) a dwelling unit that is occupied by a purchaser | 13 | | pursuant to a real estate purchase contract prior to the | 14 | | transfer of title to the property to the purchaser, or by a | 15 | | seller of property pursuant to a real estate purchase | 16 | | contract subsequent to the transfer of title from the | 17 | | seller; | 18 | | (4) a dwelling unit occupied by an employee of a | 19 | | landlord whose right to occupancy is conditional upon | 20 | | employment in or about the premises; and | 21 | | (5) a dwelling unit in a cooperative occupied by a | 22 | | holder of a proprietary lease. | 23 | | (b) Identification of owner and agent. | 24 | | (1) A landlord or any person authorized to enter into | 25 | | an oral or written rental agreement on the landlord's | 26 | | behalf shall disclose to the tenant in writing at or |
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| 1 | | before the commencement of the tenancy the name, address, | 2 | | and telephone number of: | 3 | | (A) the owner or person authorized to manage the | 4 | | premises; and | 5 | | (B) a person authorized to act for and on behalf of | 6 | | the owner for the purpose of service of process and for | 7 | | the purpose of receiving and receipting for notices | 8 | | and demands. | 9 | | (2) A person who enters into a rental agreement and | 10 | | fails to comply with the requirements of this Section | 11 | | becomes an agent of the landlord for the purpose of: | 12 | | (A) service of process and receiving and | 13 | | receipting for notices and demands; and | 14 | | (B) performing the obligations of the landlord | 15 | | under this Act and under the rental agreement. | 16 | | (3) The information required under this Section shall | 17 | | be kept current and this Section extends to and is | 18 | | enforceable against any successor landlord, owner, or | 19 | | manager. | 20 | | (4) If the landlord fails to comply with this Section, | 21 | | the tenant may terminate the rental agreement under the | 22 | | notice provisions of paragraph (2) of subsection (e). If | 23 | | the landlord fails to comply with the requirements of this | 24 | | Section after receipt of written notice under paragraph | 25 | | (2) of subsection (e), the tenant shall recover one | 26 | | month's rent or actual damages, whichever is greater. |
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| 1 | | (c) Landlord's right of access. | 2 | | (1) A tenant shall not unreasonably withhold consent | 3 | | to the landlord to enter the dwelling unit: | 4 | | (A) to make a necessary or agreed repair, | 5 | | decoration, alteration, or improvement; | 6 | | (B) to supply a necessary or agreed service; | 7 | | (C) to conduct an inspection authorized or | 8 | | required by any governmental agency; | 9 | | (D) to exhibit the dwelling unit to a prospective | 10 | | or actual purchaser, mortgagee, workman, or | 11 | | contractor; | 12 | | (E) to exhibit the dwelling unit to a prospective | 13 | | tenant 60 days or less prior to the expiration of the | 14 | | existing rental agreement; | 15 | | (F) for practical necessity where repairs or | 16 | | maintenance elsewhere in the building unexpectedly | 17 | | require access; | 18 | | (G) to determine a tenant's compliance with | 19 | | provisions in the rental agreement; and | 20 | | (H) in case of an emergency. | 21 | | (2) A landlord shall not abuse the right of access or | 22 | | use it to harass the tenant. | 23 | | (3) Except in cases where access is authorized by | 24 | | subsection (f) or (h), the landlord shall give the tenant | 25 | | notice of the landlord's intent to enter of no less than 2 | 26 | | days. |
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| 1 | | (A) The notice shall be provided directly to each | 2 | | dwelling unit by mail, telephone, written notice to | 3 | | the dwelling unit, or by other reasonable means | 4 | | designed in good faith to provide notice to the | 5 | | tenant. | 6 | | (B) If access is required because of repair work | 7 | | for a common facility or other apartment, a general | 8 | | notice may be given by the landlord to all potentially | 9 | | affected tenants that entry may be required. | 10 | | (C) In a case where access is authorized by | 11 | | subsection (f) or (h), the landlord may enter the | 12 | | dwelling unit without notice or consent of the tenant. | 13 | | The landlord shall give the tenant notice of entry | 14 | | within 2 days after entry. | 15 | | (D) The landlord may enter only at a reasonable | 16 | | time, except in the case of an emergency. Entry | 17 | | between 8:00 a.m. and 8:00 p.m. or at any other time | 18 | | expressly requested by the tenant is presumed | 19 | | reasonable. | 20 | | (d) The landlord shall maintain the premises in compliance | 21 | | with all applicable provisions of the relevant law and shall | 22 | | promptly make any and all repairs necessary to fulfill this | 23 | | obligation. | 24 | | (e) Tenant remedies. | 25 | | (1) For purposes of this subsection, material | 26 | | noncompliance with subsection (d) includes, but is not |
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| 1 | | limited to, the: | 2 | | (A) failure to maintain the structural integrity | 3 | | of the building or structure or parts thereof; | 4 | | (B) failure to maintain floors in compliance with | 5 | | the safe load-bearing requirements; | 6 | | (C) failure to comply with the applicable | 7 | | requirements for the number, width, construction, | 8 | | location, or accessibility of exits; | 9 | | (D) failure to maintain exit, stairway, fire | 10 | | escape, or directional signs where required; | 11 | | (E) failure to provide smoke alarms, smoke | 12 | | detectors, sprinkler systems, standpipe systems, fire | 13 | | alarm systems, automatic fire detectors, or fire | 14 | | extinguishers where required; | 15 | | (F) failure to maintain elevators as required by | 16 | | law; | 17 | | (G) failure to provide or maintain in good working | 18 | | order a flush water closet, lavatory basin, bathtub or | 19 | | shower, or kitchen sink; | 20 | | (H) failure to maintain heating facilities or | 21 | | gas-fired appliances as required by law; | 22 | | (I) failure to provide heat or hot water in such | 23 | | amounts and at such levels and times as required by | 24 | | law; | 25 | | (J) failure to provide hot and cold running water | 26 | | as required by law; |
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| 1 | | (K) failure to provide adequate hall or stairway | 2 | | lighting as required by law; | 3 | | (L) failure to maintain the foundation, exterior | 4 | | walls, or exterior roof in sound condition and repair, | 5 | | substantially watertight, and protected against | 6 | | rodents; | 7 | | (M) failure to maintain floors, interior walls, or | 8 | | ceilings in sound condition and good repair; | 9 | | (N) failure to maintain windows, exterior doors, | 10 | | or basement hatchways in sound condition and repair | 11 | | and substantially tight, and to provide locks or | 12 | | security devices as required by law, including | 13 | | deadlatch locks, deadbolt locks, sash or ventilation | 14 | | locks, and front door windows or peepholes; | 15 | | (O) failure to supply screens where required by | 16 | | law; | 17 | | (P) failure to maintain stairways or porches in | 18 | | safe condition and sound repair; | 19 | | (Q) failure to maintain the basement or cellar in | 20 | | a safe and sanitary condition; | 21 | | (R) failure to maintain facilities, equipment, or | 22 | | chimneys in safe and sound working condition; | 23 | | (S) failure to prevent the accumulation of | 24 | | stagnant water; | 25 | | (T) failure to exterminate insects, rodents, or | 26 | | other pests; |
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| 1 | | (U) failure to supply or maintain facilities for | 2 | | refuse disposal; | 3 | | (V) failure to prevent the accumulation of | 4 | | garbage, trash, refuse, or debris as required by law; | 5 | | (W) failure to provide adequate light or | 6 | | ventilation as required by law; | 7 | | (X) failure to maintain plumbing facilities, | 8 | | piping, fixtures, appurtenances, and appliances in | 9 | | good operating condition and repair; | 10 | | (Y) failure to provide or maintain electrical | 11 | | systems, circuits, receptacles, and devices as | 12 | | required by law; | 13 | | (Z) failure to maintain and repair any equipment | 14 | | which the landlord supplies or is required to supply; | 15 | | or | 16 | | (AA) failure to maintain the dwelling unit and | 17 | | common areas in a fit and habitable condition.
| 18 | | (2) If there is material noncompliance by the landlord | 19 | | with a rental agreement or with subsection (d) either of | 20 | | which renders the premises not reasonably fit and | 21 | | habitable, the tenant, under the rental agreement, may | 22 | | deliver a written notice to the landlord specifying the | 23 | | acts or omissions constituting the material noncompliance | 24 | | and specifying that the rental agreement will terminate on | 25 | | a date not less than 14 days after receipt of the notice by | 26 | | the landlord, unless the material noncompliance is |
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| 1 | | remedied by the landlord within the period specified in | 2 | | the notice. If the material noncompliance is not remedied | 3 | | within the period specified in the notice, the rental | 4 | | agreement shall terminate, and the tenant shall deliver | 5 | | possession of the dwelling unit to the landlord within 30 | 6 | | days after the expiration of the period specified in the | 7 | | notice. If possession is not delivered, then the tenant's | 8 | | notice shall be deemed withdrawn and the lease shall | 9 | | remain in full force and effect. If the rental agreement | 10 | | is terminated, the landlord shall return all prepaid rent, | 11 | | security deposits, and interest recoverable by the tenant | 12 | | under subsection (f). | 13 | | (3) If the landlord fails to deliver possession of the | 14 | | dwelling unit to the tenant in compliance with the | 15 | | residential rental agreement or subsection (d), rent for | 16 | | the dwelling unit shall abate until possession is | 17 | | delivered, and the tenant may: | 18 | | (A) upon written notice to the landlord, terminate | 19 | | the rental agreement, and upon termination the | 20 | | landlord shall return all prepaid rent and security; | 21 | | or | 22 | | (B) demand performance of the rental agreement by | 23 | | the landlord and, if the tenant elects, maintain an | 24 | | action for possession of the dwelling unit against the | 25 | | landlord or any person wrongfully in possession and | 26 | | recover the damages sustained by the tenant. If a |
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| 1 | | person's failure to deliver possession is willful, an | 2 | | aggrieved person may recover from the person | 3 | | withholding possession an amount not more than 2 | 4 | | months' rent or twice the actual damages sustained by | 5 | | the tenant, whichever is greater. | 6 | | (4) If there is material noncompliance by the landlord | 7 | | with the rental agreement or with subsection (d), and the | 8 | | reasonable cost of compliance does not exceed the greater | 9 | | of $500 or one-half of the monthly rent, the tenant may | 10 | | recover damages for the material noncompliance or may | 11 | | notify the landlord in writing of the tenant's intention | 12 | | to correct the condition at the landlord's expense; | 13 | | however, this paragraph is not applicable if the | 14 | | reasonable cost of compliance exceeds one month's rent. If | 15 | | the landlord fails to correct the defect within 14 days | 16 | | after being notified by the tenant in writing or as | 17 | | promptly as conditions require in the case of an | 18 | | emergency, the tenant may have the work done in a | 19 | | workmanlike manner and in compliance with existing law and | 20 | | building regulations and, after submitting to the landlord | 21 | | a paid bill from an appropriate tradesperson or supplier, | 22 | | deduct from the tenant's rent the amount thereof, not to | 23 | | exceed the limits specified by this paragraph and not to | 24 | | exceed the reasonable price then customarily charged for | 25 | | the work. A tenant shall not repair at the landlord's | 26 | | expense if the condition was caused by the deliberate or |
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| 1 | | negligent act or omission of the tenant, a member of the | 2 | | tenant's family, or other person on the premises with the | 3 | | tenant's consent. | 4 | | (A) Before correcting a condition affecting | 5 | | facilities shared by more than one dwelling unit, the | 6 | | tenant shall notify all other affected tenants and | 7 | | shall cause the work to be done so as to create the | 8 | | least practical inconvenience to the other tenants. | 9 | | Nothing herein shall be deemed to grant any tenant any | 10 | | right to repair any common element or dwelling unit in | 11 | | a building subject to a condominium regime other than | 12 | | in accordance with the declaration and bylaws of the | 13 | | condominium building, so long as the declaration and | 14 | | bylaws have not been created to avoid the application | 15 | | of this Act. | 16 | | (B) For purposes of mechanics' lien laws, repairs | 17 | | performed or materials furnished under this paragraph | 18 | | shall not be construed as having been performed or | 19 | | furnished pursuant to the authority of or with | 20 | | permission of the landlord.
| 21 | | (5) If there is material noncompliance by the landlord | 22 | | with the rental agreement or with subsection (d), the | 23 | | tenant may notify the landlord in writing of the tenant's | 24 | | intention to withhold from the monthly rent an amount | 25 | | which reasonably reflects the reduced value of the | 26 | | premises due to the material noncompliance. If the |
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| 1 | | landlord fails to correct the condition within 14 days | 2 | | after being notified by the tenant in writing, the tenant | 3 | | may, during the time the failure continues, deduct from | 4 | | the rent the stated amount. A tenant shall not withhold | 5 | | rent under this paragraph if the condition was caused by | 6 | | the deliberate or negligent act or omission of the tenant, | 7 | | a member of the tenant's family, or other person on the | 8 | | premises with the tenant's consent. | 9 | | (6) If there is material noncompliance by the landlord | 10 | | with the rental agreement or with subsection (d), the | 11 | | tenant may obtain injunctive relief or recover damages by | 12 | | claim or defense. This paragraph does not preclude the | 13 | | tenant from obtaining other relief to which the tenant may | 14 | | be entitled under this Act. | 15 | | (7) If there is material noncompliance by the landlord | 16 | | with the rental agreement or with subsection (d), either | 17 | | of which constitutes an immediate danger to the health and | 18 | | safety of the tenant or, if, contrary to the rental | 19 | | agreement or subsection (d), the landlord fails to supply | 20 | | heat, running water, hot water, electricity, gas, or | 21 | | plumbing, the tenant may give written notice to the | 22 | | landlord specifying the material noncompliance or failure. | 23 | | If the landlord has, pursuant to this paragraph or in the | 24 | | rental agreement, informed the tenant of an address at | 25 | | which a notice to the landlord is to be received, the | 26 | | tenant shall mail or deliver the written notice required |
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| 1 | | in this paragraph to that address. If the landlord has not | 2 | | informed the tenant of an address at which a notice to the | 3 | | landlord is to be received, the written notice required in | 4 | | this paragraph shall be delivered by mail to the last | 5 | | known address of the landlord or by other reasonable means | 6 | | designed in good faith to provide written notice to the | 7 | | landlord. After the notice is delivered, the tenant may, | 8 | | during the period of the landlord's noncompliance or | 9 | | failure: | 10 | | (A) procure reasonable amounts of heat, running | 11 | | water, hot water, electricity, gas, or plumbing | 12 | | service, as the case may be and upon presentation to | 13 | | the landlord of paid receipts deduct the cost from the | 14 | | rent; | 15 | | (B) recover damages based on the reduction in the | 16 | | fair rental value of the dwelling unit; | 17 | | (C) procure substitute housing, in which case the | 18 | | tenant is excused from paying rent for the period of | 19 | | the landlord's noncompliance. The tenant may recover | 20 | | the cost of the reasonable value of the substitute | 21 | | housing up to an amount equal to the monthly rent for | 22 | | each month or portion thereof of noncompliance as | 23 | | prorated; | 24 | | (D) withhold from the monthly rent an amount that | 25 | | reasonably reflects the reduced value of the premises | 26 | | due to the material noncompliance or failure if the |
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| 1 | | landlord fails to correct the condition within 24 | 2 | | hours after being notified by the tenant; however, no | 3 | | rent shall be withheld if the failure is due to the | 4 | | inability of the utility provider to provide service; | 5 | | or | 6 | | (E) terminate the rental agreement by written | 7 | | notice to the landlord if the material noncompliance | 8 | | or failure persists for more than 72 hours after the | 9 | | tenant has notified the landlord of the material | 10 | | noncompliance or failure; however, no termination | 11 | | shall be allowed if the failure is due to the inability | 12 | | of the utility provider to provide service. If the | 13 | | rental agreement is terminated, the landlord shall | 14 | | return all prepaid rent, security deposits, and | 15 | | interest thereon in accordance with subsection (f), | 16 | | and tenant shall deliver possession of the dwelling | 17 | | unit to the landlord within 30 days after the | 18 | | expiration of the 72-hour period specified in the | 19 | | notice. If possession is not delivered, then the | 20 | | tenant's notice shall be deemed withdrawn and the | 21 | | lease shall remain in full force and effect. | 22 | | If the tenant proceeds under this paragraph, the | 23 | | tenant may not proceed under subsection (4) or (5). The | 24 | | tenant may not exercise the tenant's rights under this | 25 | | paragraph if the condition was caused by the deliberate or | 26 | | negligent act or omission of the tenant, a member of the |
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| 1 | | tenant's family, or other person on the premises with the | 2 | | tenant's consent. Before correcting a condition, the | 3 | | repair of which will affect more than the tenant's own | 4 | | dwelling unit, the tenant shall notify all other tenants | 5 | | affected and shall cause the work to be done so as to | 6 | | result in the least practical inconvenience to other | 7 | | tenants. | 8 | | (8) If the dwelling unit or common area are damaged or | 9 | | destroyed by fire or casualty to an extent that the | 10 | | dwelling unit is in material noncompliance with the rental | 11 | | agreement or with subsection (d), the tenant may: | 12 | | (A) immediately vacate the premises and notify the | 13 | | landlord in writing within 14 days thereafter of the | 14 | | tenant's intention to terminate the rental agreement, | 15 | | in which case the rental agreement terminates as of | 16 | | the date of the fire or casualty; | 17 | | (B) if continued occupancy is lawful, vacate any | 18 | | part of the dwelling unit rendered unusable by the | 19 | | fire or casualty, in which case the tenant's liability | 20 | | for rent is reduced in proportion to the reduction in | 21 | | the fair rental value of the dwelling unit; or | 22 | | (C) if the tenant desires to continue the tenancy, | 23 | | and if the landlord has promised or begun work to | 24 | | repair the damage or destruction but fails to carry | 25 | | out the work to restore the dwelling unit or common | 26 | | area diligently and within a reasonable time, notify |
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| 1 | | the landlord in writing within 14 days after the | 2 | | tenant becomes aware that the work is not being | 3 | | carried out diligently or within a reasonable time of | 4 | | the tenant's intention to terminate the rental | 5 | | agreement, in which case the rental agreement | 6 | | terminates as of the date of the fire or casualty. | 7 | | If the rental agreement is terminated under this | 8 | | paragraph, the landlord shall return all security deposits | 9 | | and prepaid rent in accordance with subsection (f). | 10 | | Accounting for rent in the event of termination or | 11 | | apportionment shall be made as of the date of the fire or | 12 | | casualty. A tenant may not exercise remedies in this | 13 | | paragraph if the fire or casualty damage was caused by the | 14 | | deliberate or negligent act or omission of the tenant, a | 15 | | member of the tenant's family, or a person on the premises | 16 | | with the tenant's consent. | 17 | | (f) Security deposits. | 18 | | (1) A landlord shall hold all security deposits | 19 | | received by the landlord in a federally insured | 20 | | interest-bearing account in a bank, savings and loan | 21 | | association, or other financial institution located in the | 22 | | State. A security deposit and interest due thereon shall | 23 | | continue to be the property of the tenant making the | 24 | | deposit, shall not be commingled with the assets of the | 25 | | landlord, and shall not be subject to the claims of any | 26 | | creditor of the landlord or of the landlord's successors |
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| 1 | | in interest, including a foreclosing mortgagee or trustee | 2 | | in bankruptcy. | 3 | | (2) Notwithstanding paragraph (1), a landlord may | 4 | | accept the payment of the first month's rent and security | 5 | | deposit in one check or one electronic funds transfer, and | 6 | | deposit the check or electronic funds transfer into one | 7 | | account, if within 5 business days of the acceptance of | 8 | | the check or electronic transfer, the landlord transfers | 9 | | the amount of the security deposit into a separate account | 10 | | that complies with paragraph (1). | 11 | | (3) The name and address of the financial institution | 12 | | where the security deposit will be deposited shall be | 13 | | clearly and conspicuously disclosed in the written rental | 14 | | agreement signed by the tenant. If no written rental | 15 | | agreement is provided, the landlord shall, within 14 days | 16 | | of receipt of the security deposit, notify the tenant in | 17 | | writing of the name and address of the financial | 18 | | institution where the security deposit was deposited. | 19 | | (4) If, during the pendency of the rental agreement, a | 20 | | security deposit is transferred from one financial | 21 | | institution to another, the landlord shall, within 14 days | 22 | | of the transfer, notify the tenant in writing of the name | 23 | | and address of the new financial institution. | 24 | | (5) Notwithstanding paragraph (1) of subsection (a), a | 25 | | landlord shall not be considered to be commingling the | 26 | | security deposits with the landlord's assets if there is |
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| 1 | | excess interest in the account in which the security | 2 | | deposits are deposited. As used in this paragraph, "excess | 3 | | interest" means the amount of money in excess of the total | 4 | | amount of security deposits deposited into the account | 5 | | plus any interest due thereon. | 6 | | (6) Except as provided for in paragraph (7), any | 7 | | landlord who receives a security deposit from a tenant or | 8 | | prospective tenant shall give the tenant or prospective | 9 | | tenant at the time of receiving the security deposit a | 10 | | receipt indicating the amount of the security deposit, the | 11 | | name of the person receiving it, and, in the case of the | 12 | | agent, the name of the landlord for whom the security | 13 | | deposit is received, the date on which it is received, and | 14 | | a description of the dwelling unit. The receipt shall be | 15 | | signed by the person receiving the security deposit. | 16 | | Failure to comply with this paragraph shall entitle the | 17 | | tenant to immediate return of the security deposit. | 18 | | (7) Upon payment of the security deposit by means of | 19 | | an electronic funds transfer, the landlord shall give the | 20 | | tenant a receipt that complies with paragraph (6) or an | 21 | | electronic receipt that acknowledges the receipt of the | 22 | | security deposit. The electronic receipt shall set forth | 23 | | the date of the receipt of the security deposit, the | 24 | | amount of the deposit, a description of the dwelling unit, | 25 | | and an electronic or digital signature of the person | 26 | | receiving the deposit. |
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| 1 | | (8) A landlord who holds a security deposit or prepaid | 2 | | rent pursuant to this subsection for more than 6 months | 3 | | shall pay interest to the tenant accruing from the | 4 | | beginning date of the rental term specified in the rental | 5 | | agreement. The landlord shall, within 30 days after the | 6 | | end of each 12-month rental period, pay to the tenant any | 7 | | interest, by cash or credit, to be applied to the rent due. | 8 | | (9) The landlord shall, within 45 days after the date | 9 | | that the tenant vacates the dwelling unit or within 7 days | 10 | | after the date that the tenant provides notice of | 11 | | termination of the rental agreement pursuant to paragraph | 12 | | (5) of subsection (e), return to the tenant the security | 13 | | deposit or any balance thereof and the required interest | 14 | | thereon; however, the landlord, or successor landlord, may | 15 | | deduct from the security deposit or interest due thereon | 16 | | for: | 17 | | (A) any unpaid rent which has not been validly | 18 | | withheld or deducted pursuant to State or federal law | 19 | | or local ordinance; and | 20 | | (B) a reasonable amount necessary to repair any | 21 | | damage caused to the premises by the tenant or any | 22 | | person under the tenant's control or on the premises | 23 | | with the tenant's consent, reasonable wear and tear | 24 | | excluded. In case of such damage, the landlord shall | 25 | | deliver or mail to the last known address of the tenant | 26 | | within 30 days an itemized statement of the damages |
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| 1 | | allegedly caused to the premises and the estimated or | 2 | | actual cost for repairing or replacing each item on | 3 | | that statement, attaching copies of the paid receipts | 4 | | for the repair or replacement. If an estimated cost is | 5 | | given, the landlord shall furnish the tenant with | 6 | | copies of paid receipts or a certification of actual | 7 | | costs of repairs of damage if the work was performed by | 8 | | the landlord's employees within 30 days from the date | 9 | | the statement showing estimated cost was furnished to | 10 | | the tenant. | 11 | | (10) If there is a sale, lease, transfer of ownership | 12 | | or control, or other direct or indirect disposition of | 13 | | residential real property by a landlord who has received a | 14 | | security deposit or prepaid rent from a tenant, the | 15 | | successor landlord of the property shall be liable to that | 16 | | tenant for any security deposit, including statutory | 17 | | interest, or prepaid rent which the tenant has paid to the | 18 | | transferor. | 19 | | (11) The successor landlord shall, within 14 days from | 20 | | the date of the transfer, notify the tenant who made the | 21 | | security deposit by delivering or mailing to the tenant's | 22 | | last known address that the security deposit was | 23 | | transferred to the successor landlord and that the | 24 | | successor landlord is holding the security deposit. The | 25 | | notice shall contain the successor landlord's name, | 26 | | business address, and business telephone number of the |
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| 1 | | successor landlord's agent, if any. The notice shall be in | 2 | | writing. | 3 | | (12) The transferor shall remain jointly and severally | 4 | | liable with the successor landlord to the tenant for the | 5 | | security deposit or prepaid rent, unless and until the | 6 | | transferor transfers the security deposit or prepaid rent | 7 | | to the successor landlord and provides notice, in writing, | 8 | | to the tenant of the transfer of the security deposit or | 9 | | prepaid rent, specifying the name, business address and | 10 | | business telephone number of the successor landlord or the | 11 | | successor landlord's agent within 10 days of the transfer. | 12 | | (13) Subject to paragraphs (14) and (15), if the | 13 | | landlord fails to comply with any provision of paragraphs | 14 | | (1) through (12), the tenant shall be awarded damages in | 15 | | an amount equal to 2 times the security deposit plus | 16 | | interest. This paragraph does not preclude the tenant from | 17 | | recovering other damages to which the tenant may be | 18 | | entitled to under this Act. | 19 | | (14) If a landlord pays the interest on a security | 20 | | deposit or prepaid rent within the 30-day period provided | 21 | | for in paragraph (8), or within the 45-day period provided | 22 | | for in paragraph (9), whichever is applicable, but the | 23 | | amount of interest is deficient, the landlord shall not be | 24 | | liable for damages under paragraph (13) unless: | 25 | | (A) the tenant gives written notice to the | 26 | | landlord that the amount of the interest returned was |
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| 1 | | deficient; and | 2 | | (B) within 14 days of the receipt of the notice, | 3 | | the landlord fails to either: | 4 | | (i) pay to the tenant the correct amount of | 5 | | interest due plus $50; or | 6 | | (ii) provide to the tenant a written response | 7 | | which sets forth an explanation of how the | 8 | | interest paid was calculated. | 9 | | (15) If the tenant disagrees with the calculation of | 10 | | the interest, as set forth in the written response, the | 11 | | tenant may bring a cause of action in a court of competent | 12 | | jurisdiction challenging the correctness of the written | 13 | | response. If the court determines that the interest | 14 | | calculation was not accurate, the tenant shall be awarded | 15 | | damages in an amount equal to 2 times the security deposit | 16 | | plus interest. | 17 | | (g) Tenants' notification of foreclosure action. | 18 | | (1) Within 7 days of being served a foreclosure | 19 | | complaint, as defined in Section 15-1504 of the Code of | 20 | | Civil Procedure, an owner or landlord of premises that are | 21 | | the subject of the foreclosure complaint shall disclose, | 22 | | in writing, to all tenants of the premises that a | 23 | | foreclosure action has been filed against the owner or | 24 | | landlord. An owner or landlord shall also disclose, in | 25 | | writing, the notice of foreclosure to any other third | 26 | | party who has a consistent pattern and practice of paying |
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| 1 | | rent to the owner or landlord on behalf of a tenant. | 2 | | (2) Before a tenant initially enters into a rental | 3 | | agreement for a dwelling unit, the owner or landlord shall | 4 | | disclose, in writing, that the owner or landlord is named | 5 | | in a foreclosure complaint. The written disclosure shall | 6 | | include the court in which the foreclosure action is | 7 | | pending, the case name, and case number and shall include | 8 | | the following language: "This is not a notice to vacate | 9 | | the premises. This notice does not mean ownership of the | 10 | | building has changed. All tenants are still responsible | 11 | | for the payment of rent and other obligations under the | 12 | | rental agreement. The owner or landlord is still | 13 | | responsible for the owner's or landlord's obligations | 14 | | under the rental agreement. You shall receive additional | 15 | | notice if there is a change in owner." | 16 | | (3) If the owner or landlord fails to comply with this | 17 | | subsection, the tenant may terminate the rental agreement | 18 | | by written notice. The written notice shall specify the | 19 | | date of termination no later than 30 days from the date of | 20 | | the written notice. In addition, if a tenant in a civil | 21 | | legal proceeding against an owner or landlord establishes | 22 | | that a violation of this subsection has occurred, the | 23 | | tenant shall be entitled to recover $200 in damages, in | 24 | | addition to any other damages or remedies to which the | 25 | | tenant may also be entitled. | 26 | | (h) It is declared to be against public policy of the State |
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| 1 | | for a landlord to take retaliatory action against a tenant, | 2 | | except for violation of a rental agreement or violation of a | 3 | | law or ordinance. A landlord may not knowingly terminate a | 4 | | tenancy, increase rent, decrease services, bring or threaten | 5 | | to bring a lawsuit against a tenant for possession, or refuse | 6 | | to renew a lease or tenancy because the tenant has, in good | 7 | | faith: | 8 | | (1) complained of a violation applicable to the | 9 | | premises to a competent governmental agency, elected | 10 | | representative, or public official charged with the | 11 | | responsibility for enforcement of a building, housing, | 12 | | health, or similar requirement; | 13 | | (2) complained of a building, housing, health, or | 14 | | similar violation or an illegal landlord practice to a | 15 | | community organization or the news media; | 16 | | (3) sought the assistance of a community organization | 17 | | or the news media to remedy a violation or illegal | 18 | | landlord practice; | 19 | | (4) requested the landlord to make repairs to the | 20 | | premises as required by a building code, health ordinance, | 21 | | other regulation, or the residential rental agreement; | 22 | | (5) becomes a member of a tenant's union or similar | 23 | | organization; | 24 | | (6) testified in any court or administrative | 25 | | proceeding concerning the condition of the premises; or | 26 | | (7) exercised any right or remedy provided by law. |
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| 1 | | If the landlord acts in violation of this subsection, the | 2 | | tenant has a defense in any retaliatory action against the | 3 | | landlord for possession and is entitled to recover possession | 4 | | or terminate the rental agreement and, in either case, recover | 5 | | an amount equal to and not more than 2 months' rent or twice | 6 | | the damages sustained by the tenant, whichever is greater, and | 7 | | reasonable attorney's fees. If the rental agreement is | 8 | | terminated, the landlord shall return all security deposits | 9 | | and interest recoverable under subsection (f) and all prepaid | 10 | | rent. In an action by or against the tenant, if there is | 11 | | evidence of tenant conduct protected herein within one year | 12 | | prior to the alleged act of retaliation, that evidence shall | 13 | | create a rebuttable presumption that the landlord's conduct | 14 | | was retaliatory. The presumption shall not arise if the | 15 | | protected tenant activity was initiated after the alleged act | 16 | | of retaliation. | 17 | | Section 50. Prohibition of waiver. The provisions of this | 18 | | Act may not be waived, and any term of any rental agreement, | 19 | | contract, or other agreement that purports to waive or limit a | 20 | | tenant's substantive or procedural rights under this Act is | 21 | | contrary to public policy, void, and unenforceable. | 22 | | Section 55. Cumulative rights, obligations, and remedies. | 23 | | The rights, obligations, and remedies set forth in this Act | 24 | | shall be cumulative and in addition to any others available at |
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| 1 | | law or in equity. | 2 | | Section 60. The State Finance Act is amended by adding | 3 | | Section 5.970 as follows: | 4 | | (30 ILCS 105/5.970 new) | 5 | | Sec. 5.970. The Small Landlord Repairs and Improvement | 6 | | Fund. | 7 | | Section 65. The Illinois Income Tax Act is amended by | 8 | | adding Section 232 as follows: | 9 | | (35 ILCS 5/232 new) | 10 | | Sec. 232. Rental property capital improvement credit. | 11 | | (a) For taxable years beginning after this amendatory Act | 12 | | of the 102nd General Assembly, there shall be allowed a tax | 13 | | credit against the tax imposed by subsections (a) and (b) of | 14 | | Section 201 equal to 3% of the real property taxes paid by a | 15 | | qualified taxpayer for each dwelling that the qualified | 16 | | taxpayer owns and that contains at least one dwelling unit | 17 | | with the Residential Rental Registry. To be qualified to claim | 18 | | this credit, the taxpayer shall own no more than 12 dwelling | 19 | | units and not charge rent that exceeds the applicable median | 20 | | area rent. | 21 | | (b) For taxable years beginning after this amendatory Act | 22 | | of the 102nd General Assembly, there shall be allowed a tax |
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| 1 | | credit against the tax imposed by subsections (a) and (b) of | 2 | | Section 201 in an amount equal to the amount of capital | 3 | | improvements to a dwelling that a taxpayer owns and that | 4 | | contains at least one dwelling unit registered with the | 5 | | Residential Rental Registry. The credit allowed under this | 6 | | subsection in no case may exceed 25% of the real property taxes | 7 | | paid by the taxpayer for the dwelling for which improvements | 8 | | are claimed. | 9 | | (c) A taxpayer may apply for a tax credit under subsection | 10 | | (a) or (b), or both. | 11 | | (d) To obtain a tax credit or tax credits pursuant to this | 12 | | Section, the taxpayer shall apply with the Department of | 13 | | Commerce and Economic Opportunity. The Department of Commerce | 14 | | and Economic Opportunity shall determine the amount of | 15 | | eligible amounts under subsection (a) or capital improvements | 16 | | under subsection (b). Upon approval of a tax credit, the | 17 | | Department of Commerce and Economic Opportunity shall issue a | 18 | | certificate in the amount of the eligible credits. The | 19 | | taxpayer shall attach the certificate to the tax return on | 20 | | which the credits are to be claimed. The Department of | 21 | | Commerce and Economic Opportunity may adopt rules to implement | 22 | | this Section. | 23 | | (e) The tax credit under subsection (a) or (b), or both, | 24 | | may not reduce the taxpayer's liability to less than zero. | 25 | | (f) As used in this Section: | 26 | | "Capital improvements" are capital improvements allowed |
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| 1 | | under Section 263 of the Internal Revenue Code, as codified at | 2 | | Title 26 of the U.S. Code. | 3 | | "Dwelling" has the meaning given to it in the Keep | 4 | | Illinois Home Act. | 5 | | "Dwelling unit" has the meaning given to it in the Keep | 6 | | Illinois Home Act. | 7 | | "Median area rent" has the meaning given to it in the Keep | 8 | | Illinois Home Act. | 9 | | "Residential Rental Registry" has the meaning given to it | 10 | | in the Keep Illinois Home Act. | 11 | | Section 70. The Code of Civil Procedure is amended by | 12 | | changing Sections 9-207, 9-209, 9-210, and 9-211 and by adding | 13 | | Section 9-205.5 as follows: | 14 | | (735 ILCS 5/9-205.5 new) | 15 | | Sec. 9-205.5. Refusal to renew. In all tenancies or leases | 16 | | for a term of one year or more, after the lease expires, where | 17 | | the lessee refuses to renew or extend the rental agreement | 18 | | within 14 days after receiving written notice requesting that | 19 | | the lessee renew the tenancy on substantially similar terms as | 20 | | existed under the prior lease, the lessee's tenancy shall | 21 | | terminate not fewer than 30 days after the 14-day decision | 22 | | period expires. | 23 | | To provide the lessor the right to terminate the tenancy | 24 | | under this Section, the written notice shall include |
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| 1 | | substantially the following language: "You must notify your | 2 | | landlord of your decision to continue or renew your tenancy | 3 | | within 14 days of the date of this notice. If you do not | 4 | | continue or renew your lease, then your tenancy at the | 5 | | premises now occupied by you, being, etc. (here describe the | 6 | | premises), shall terminate 30 days after this date (dated at | 7 | | least 14 days after the date of the notice). If you choose not | 8 | | to renew or continue your lease, nothing in this notice shall | 9 | | affect your obligation to pay rent through (here insert date | 10 | | on which the tenancy shall be terminated if the lessee does not | 11 | | elect to renew or continue the lease)."
| 12 | | (735 ILCS 5/9-207) (from Ch. 110, par. 9-207)
| 13 | | Sec. 9-207. Termination of a tenancy for other good cause. | 14 | | Notice to terminate tenancy for less than a year. | 15 | | (a) The lessor may seek, in good faith, to recover | 16 | | possession of the premises so that the lessor or the lessor's | 17 | | spouse, domestic partner, child, parent, grandparent, sibling, | 18 | | or grandchild may occupy the premises as that person's | 19 | | principal residence for a period of no fewer than 24 | 20 | | continuous months. The lessor or qualified relative shall move | 21 | | into the premises within 3 months after the original lessee | 22 | | vacates the unit. The lessor shall provide the lessee with | 23 | | written notice of no fewer than 120 days before the lessor | 24 | | intends to occupy the premises before the lessor may terminate | 25 | | the lease. The notice shall be dated and shall identify the |
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| 1 | | date, at least 120 days after the notice is served, on which | 2 | | the lessee's tenancy is terminated. The notice shall state | 3 | | that the lessee is entitled to relocation assistance in the | 4 | | amount of $3,000 or 3 months' rent, whichever is greater, | 5 | | payable within 14 days before the termination of the lessee's | 6 | | tenancy. | 7 | | (1) If the lessor recovers possession under this | 8 | | subsection, and continuous occupancy by the lessor or the | 9 | | lessor's qualified relative is for fewer than 24 months, | 10 | | the lessor shall be presumed to be in violation of this | 11 | | subsection and liable to the original lessee for twice the | 12 | | relocation assistance due to the tenant prior to the | 13 | | tenant's move from the premises. | 14 | | (2) If the lessor recovers possession under this | 15 | | subsection, but the lessor or the lessor's qualified | 16 | | relative fails to occupy the premises within 3 months of | 17 | | the expiration of the notice period, the lessor shall be | 18 | | presumed to be in violation of this subsection and liable | 19 | | to the original lessee for twice the relocation assistance | 20 | | due to the tenant prior to the tenant's move from the | 21 | | premises. | 22 | | (3) The lessor may not recover possession of the | 23 | | premises under this subsection if the lessee notified the | 24 | | lessor, prior to the lessor's recovery of the premises, | 25 | | that the lessee: | 26 | | (A) has a disability, as that term is defined |
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| 1 | | under the Americans with Disabilities Act (Section | 2 | | 12102(1) of Title 42 of the U.S. Code); or | 3 | | (B) is suffering from a life-threatening illness | 4 | | as certified by the lessee's treating physician. | 5 | | (4) If a substantially equivalent replacement dwelling | 6 | | unit is vacant and available, that unit may be made | 7 | | available to the original lessee at a substantially | 8 | | similar rental rate as the lessee's current lease. The | 9 | | lessee may reject this substitute unit without prejudice | 10 | | to the lessee's rights to notice and relocation assistance | 11 | | under this subsection. Except as provided in Section | 12 | | 9-207.5 of this Code, in all
cases of tenancy from week to | 13 | | week, where the tenant
holds over without special | 14 | | agreement, the landlord may terminate the
tenancy by 7 | 15 | | days' notice, in writing, and may maintain an action
for | 16 | | eviction or ejectment.
| 17 | | (b) If the lessor, in good faith, seeks to recover | 18 | | possession of the premises: | 19 | | (1) in order to comply with a court's or government | 20 | | agency's order to vacate, order to comply, order to abate, | 21 | | or any other order that necessitates the vacating of the | 22 | | dwelling unit as a result of a violation of the housing or | 23 | | building code or other provision of law. The landlord | 24 | | shall promptly provide the tenant with a notice of vacate | 25 | | within the time mandated by the court or government | 26 | | agency, and include a copy of the order; or |
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| 1 | | (2) if the lessor offers the lessee a substantially | 2 | | equivalent replacement unit that is vacant and available | 3 | | and offered at a substantially similar rental rate as the | 4 | | original premises, the lessee may reject the lessor's | 5 | | offer of the replacement unit without prejudicing the | 6 | | lessee's right to relocation assistance. The notice shall | 7 | | state that the lessee is entitled to relocation assistance | 8 | | in the amount of $3,000 or 3 months' rent, whichever is | 9 | | greater, payable within 14 days before the termination of | 10 | | the lessee's tenancy. If the lessee prevails on a claim | 11 | | that the lessor did not act in good faith in seeking to | 12 | | recover possession under this subsection, the lessor shall | 13 | | be liable for twice the relocation assistance that would | 14 | | be due to the lessee had the lessor acted in compliance | 15 | | with the requirements of this subsection, together with | 16 | | the lessee's reasonable attorney's fees and costs. Except | 17 | | as provided in Section 9-207.5 of this Code, in all cases | 18 | | of tenancy for any term less than one year, other than
| 19 | | tenancy from week to week, where the tenant holds over | 20 | | without special
agreement, the landlord may terminate the | 21 | | tenancy by 30 days'
notice, in writing, and may maintain | 22 | | an action for eviction or ejectment. | 23 | | (c) If the lessor, in good faith, intends to recover | 24 | | possession of the premises to demolish or permanently remove | 25 | | the premises from residential use, the lessor shall provide | 26 | | the lessee with no less than 90 days written notice of the |
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| 1 | | intent before the lessor may terminate the lease. The notice | 2 | | shall be dated and shall identify the date, at least 120 days | 3 | | after the notice is served, on which the lessee's tenancy is | 4 | | terminated. The notice shall state that the lessee is entitled | 5 | | to relocation assistance in the amount of $3,000 or 3 months' | 6 | | rent, whichever is greater, payable within 14 days before the | 7 | | termination of the lessee's tenancy. If the lessee prevails on | 8 | | a claim that the lessor did not act in good faith in seeking to | 9 | | recover possession under this subsection, the lessor shall be | 10 | | liable for twice the relocation assistance that would be due | 11 | | to the lessee had the lessor acted in compliance with the | 12 | | requirements of this subsection, together with the lessee's | 13 | | reasonable attorney's fees and costs. | 14 | | (d) If relocation assistance due under this Section is not | 15 | | paid within 14 days prior to the date set for termination of | 16 | | the lessee's tenancy, the lessor shall pay to the lessee twice | 17 | | the amount of relocation assistance originally due to the | 18 | | lessee. If the lessee prevails on a claim that the lessor | 19 | | failed to pay relocation assistance required by this Section, | 20 | | the lessee shall be entitled to recover the lessee's | 21 | | reasonable attorney's fees and costs. Failure to pay the | 22 | | relocation assistance is an affirmative defense and | 23 | | counterclaim to any action initiated under this Act. | 24 | | (e) A landlord of a building of 12 units or fewer who pays | 25 | | a relocation assistance fee pursuant to subsection (a),(b), or | 26 | | (c) may apply to the Illinois Housing Development Authority |
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| 1 | | for reimbursement of up to one-half of the amount paid to the | 2 | | tenant upon proper documentation of payment as determined by | 3 | | the Illinois Housing Development Authority. To be eligible to | 4 | | receive reimbursement, the owner shall not charge rent that | 5 | | exceeds the applicable median area rent.
| 6 | | (Source: P.A. 100-173, eff. 1-1-18 .)
| 7 | | (735 ILCS 5/9-209) (from Ch. 110, par. 9-209)
| 8 | | Sec. 9-209. Demand for rent - eviction action. A landlord | 9 | | or his
or her agent may, any time after rent is due,
demand | 10 | | payment thereof and notify the tenant, in writing, that unless
| 11 | | payment is made within a time mentioned in such notice, not | 12 | | less than
5 days after service thereof, the lease will be | 13 | | terminated. If the tenant does not pay the rent due within the | 14 | | time stated in the notice under this Section, the landlord may | 15 | | consider the lease ended and commence an eviction or ejectment | 16 | | action without further notice or demand. A
claim for rent may | 17 | | be joined in the complaint, including a request for the pro | 18 | | rata amount of rent due for any period that a judgment is | 19 | | stayed, and a judgment obtained for
the amount of rent found | 20 | | due, in any action or proceeding brought, in an eviction
| 21 | | action under this Section.
| 22 | | Notice made pursuant to this Section shall, as hereinafter | 23 | | stated, not
be invalidated by payments of past due rent | 24 | | demanded in the notice, when
the payments do not, at the end of | 25 | | the notice period, total the amount demanded
in the notice. |
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| 1 | | The landlord may, however, agree in writing to continue
the | 2 | | lease in exchange for receiving partial payment. To prevent | 3 | | invalidation,
the notice must prominently state:
| 4 | | "Only FULL PAYMENT of the rent demanded in this notice | 5 | | will waive the landlord's
right to terminate the lease under | 6 | | this notice, unless the landlord agrees
in writing to continue | 7 | | the lease in exchange for receiving partial payment."
| 8 | | Tender Collection by the landlord
of past rent due after | 9 | | the filing of a suit for eviction or ejectment
pursuant to | 10 | | failure of the tenant to pay the rent demanded in the notice
| 11 | | shall not invalidate the suit , if the rent then due is tendered | 12 | | prior to trial being held in the suit for eviction or | 13 | | ejectment .
| 14 | | (Source: P.A. 100-173, eff. 1-1-18 .)
| 15 | | (735 ILCS 5/9-210) (from Ch. 110, par. 9-210)
| 16 | | Sec. 9-210. Notice to quit. When default is made in any of | 17 | | the material terms
of a lease that results in a significant | 18 | | disturbance of the peaceful enjoyment of the property; | 19 | | significant damage to the property caused willfully or | 20 | | negligently, use of any part of the property for criminal | 21 | | activity that significantly threatens health, safety, or | 22 | | peaceful enjoyment of the property, or has a significant | 23 | | adverse effect on the management of the property, or wrongful | 24 | | denial of access to the premises on 3 or more occasions in a | 25 | | 12-month period to a person duly authorized by the lessor to |
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| 1 | | enter the premises, if the legal requirements for the entries | 2 | | were observed , it is
not necessary to give more than 10 days' | 3 | | notice to quit, or of the
termination of such tenancy, and the | 4 | | same may be terminated on giving
such notice to quit at any | 5 | | time after such default in any of the material terms
of such | 6 | | lease , if the notice instructs how the alleged default may be | 7 | | cured before the end of the notice period and allows the lessee | 8 | | to meet to discuss the alleged default with the lessor or the | 9 | | lessor's agent that affords the lessee with a meaningful | 10 | | opportunity to remedy the alleged default . Such notice may be | 11 | | substantially in the following form:
| 12 | | "To A.B.: You are hereby notified that in consequence of | 13 | | your default
in (here insert the character of the default) of | 14 | | the premises now
occupied by you, being, etc., (here describe | 15 | | the premises) I have
elected to terminate your lease, and you | 16 | | are hereby notified to quit and
deliver up possession of the | 17 | | same to me within 10 days of this date
(dated, etc.). You may | 18 | | request to meet with (here identify the lessor's agent) within | 19 | | 10 days of (dated, etc.) to discuss this notice and how an | 20 | | eviction action can be avoided. IF YOU DO NOT VACATE OR CURE | 21 | | THIS DEFAULT WITHIN 10 DAYS BY (here explain how the alleged | 22 | | default may be cured within the notice period), THEN AN | 23 | | EVICTION ACTION MAY BE FILED AGAINST YOU. "
| 24 | | The notice is to be signed by the lessor or his or her | 25 | | agent, and no other notice or
demand of possession or | 26 | | termination of such tenancy is necessary , if the lessee has |
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| 1 | | not timely cured the alleged default .
| 2 | | (Source: P.A. 82-280.)
| 3 | | (735 ILCS 5/9-211) (from Ch. 110, par. 9-211)
| 4 | | Sec. 9-211. Service of demand or notice. Any demand may be | 5 | | made or notice
served by delivering a
written or printed, or | 6 | | partly written and printed, copy thereof to the
tenant, or by | 7 | | leaving the same with some person of the age
of 13
years or | 8 | | upwards, residing on or in possession of the premises; or by | 9 | | sending a
copy of the notice to the tenant by certified or | 10 | | registered mail, with
a returned receipt from the addressee; | 11 | | and in case no one is in the
actual possession of the premises, | 12 | | then by posting the same on the
premises. | 13 | | Any demand or notice served shall be accessible to the | 14 | | tenant, including by being presented in the language the | 15 | | lessor knows or should know is the lessee's primary language, | 16 | | containing an explicit statement of the basis for the notice | 17 | | or demand with sufficient specificity to allow the lessee to | 18 | | prepare a defense, and bearing the following statement: "You | 19 | | may wish to contact a lawyer or local legal aid or housing | 20 | | counseling agency to discuss any rights that you may have."
| 21 | | (Source: P.A. 83-355.)
| 22 | | Section 75. The Condominium Property Act is amended by | 23 | | changing Section 30 as follows:
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| 1 | | (765 ILCS 605/30) (from Ch. 30, par. 330)
| 2 | | Sec. 30. Conversion condominiums; notice; recording.
| 3 | | (a)(1) No real estate may be submitted to the provisions | 4 | | of the
Act as a conversion condominium unless (i) a notice of | 5 | | intent to submit
the real estate to this Act (notice of intent) | 6 | | has been given to all persons
who were tenants of the building | 7 | | located on the real estate on the date
the notice is given. | 8 | | Such notice shall be given at least 30 days, and
not more than | 9 | | one year prior to the recording of the declaration which | 10 | | submits
the real estate to this Act; and (ii) the developer | 11 | | executes and acknowledges
a certificate which shall be | 12 | | attached to and made a part of the declaration
and which | 13 | | provides that the developer, prior to the execution by him or
| 14 | | his agent of any agreement for the sale of a unit, has given a | 15 | | copy of the
notice of intent to all persons who were tenants of | 16 | | the building located
on the real estate on the date the notice | 17 | | of intent was given.
| 18 | | (2)
If the owner fails to provide a tenant with notice | 19 | | of the intent to convert as defined in this Section, the | 20 | | tenant permanently vacates the premises as a direct result | 21 | | of non-renewal of his or her lease by the owner, and the | 22 | | tenant's unit is converted to a condominium by the filing | 23 | | of a declaration submitting a property to this Act without | 24 | | having provided the required notice, then the owner is | 25 | | liable to the tenant for the following:
| 26 | | (A) the tenant's actual moving expenses incurred |
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| 1 | | when moving from the subject property, not to exceed | 2 | | $1,500;
| 3 | | (B) 3 months' rent at the subject property; and
| 4 | | (C) reasonable attorney's fees and court costs.
| 5 | | (b) Any developer of a conversion condominium must, upon | 6 | | issuing the notice
of intent, publish and deliver along with | 7 | | such notice of intent, a schedule
of selling prices for all | 8 | | units subject to the condominium instruments and
offer to sell | 9 | | such unit to the current tenants, except for units to be | 10 | | vacated
for rehabilitation subsequent to such notice of | 11 | | intent. Such offer shall
not expire earlier than 30 days after | 12 | | receipt of the offer by the current
tenant, unless the tenant | 13 | | notifies the developer in writing of his election
not to | 14 | | purchase the condominium unit.
| 15 | | (c) Any tenant who was a tenant as of the date of the | 16 | | notice of intent and
whose tenancy expires (other than for | 17 | | cause) prior to the expiration of
120 days from the date on | 18 | | which a copy of the notice of intent was given
to the tenant | 19 | | shall have the right to extend his tenancy on the same terms
| 20 | | and conditions and for the same rental until the expiration of | 21 | | such 120-day period by the giving of written notice thereof to | 22 | | the developer within
30 days of the date upon which a copy of | 23 | | the notice of intent was given
to the tenant by the developer.
| 24 | | (d) Each lessee in a conversion condominium shall be | 25 | | informed in writing by the developer
at the time the notice of | 26 | | intent is given whether the lessee's his tenancy will be |
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| 1 | | renewed
or terminated upon its expiration. If the tenancy is | 2 | | to be renewed, the
tenant shall be informed of all charges, | 3 | | rental or otherwise, in connection
with the new tenancy and | 4 | | the length of the term of occupancy proposed in
conjunction | 5 | | therewith. If the tenancy is to be terminated upon expiration | 6 | | of the notice period, the tenant shall be entitled to | 7 | | relocation assistance in the amount of 3 times the rent | 8 | | charged for the unit or $3,000, whichever is
greater, payable | 9 | | to the tenant within 14 days prior to the expiration of the | 10 | | notice period. If the tenancy is to be terminated, the notice | 11 | | of intent shall inform the tenant that relocation assistance | 12 | | shall be paid within 14 days prior to the expiration of the | 13 | | notice
period. If the relocation assistance is not paid within | 14 | | 14 days prior to the expiration of the notice period, then the | 15 | | lessor shall pay to the lessee twice the relocation assistance | 16 | | due to the lessee. If the lessee prevails on a claim that the | 17 | | lessor failed to pay relocation assistance required by this | 18 | | Section, the lessee shall be entitled to recover the lessee's | 19 | | reasonable attorney's fees and costs. Failure to pay the | 20 | | relocation assistance is an affirmative defense and | 21 | | counterclaim to any action brought under Article IX of the | 22 | | Code of Civil Procedure.
| 23 | | (e) For a period of 120 days following his receipt of the | 24 | | notice of intent,
any tenant who was a tenant on the date the | 25 | | notice of intent was given shall
be given the right to purchase | 26 | | his unit on substantially the same terms
and conditions as set |
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| 1 | | forth in a duly executed contract to purchase the
unit, which | 2 | | contract shall conspicuously disclose the existence
of, and | 3 | | shall be subject to, the right of first refusal. The tenant may
| 4 | | exercise the right of first refusal by giving notice thereof | 5 | | to the developer
prior to the expiration of 30 days from the | 6 | | giving of notice by the developer
to the tenant of the | 7 | | execution of the contract to purchase the unit.
The tenant may | 8 | | exercise such right of first refusal within 30 days from
the | 9 | | giving of notice by the developer of the execution of a | 10 | | contract to
purchase the unit, notwithstanding the expiration | 11 | | of the 120-day period
following the tenant's receipt of the | 12 | | notice of intent, if such contract
was executed prior to the | 13 | | expiration of the 120-day period. The
recording of the deed | 14 | | conveying the unit to the purchaser which contains
a statement | 15 | | to the effect that the tenant of the unit either waived or | 16 | | failed
to exercise the right of first refusal or option or had | 17 | | no right of first
refusal or option with respect to the unit | 18 | | shall extinguish any legal or
equitable right or interest to | 19 | | the possession or acquisition of the unit which
the tenant may | 20 | | have or claim with respect to the unit arising out of the
right | 21 | | of first refusal or option provided for in this Section. The | 22 | | foregoing
provision shall not affect any claim which the | 23 | | tenant may have against
the landlord for damages arising out | 24 | | of the right of first refusal
provided for in this Section.
| 25 | | (f) During the 30-day period after the giving of notice of | 26 | | an executed contract
in which the tenant may exercise the |
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| 1 | | right of first refusal, the developer
shall grant to such | 2 | | tenant access to any portion of the building to inspect
any of | 3 | | its features or systems and access to any reports, warranties, | 4 | | or
other documents in the possession of the developer which | 5 | | reasonably pertain
to the condition of the building. Such | 6 | | access shall be subject to reasonable
limitations, including | 7 | | as to hours. The refusal of the developer to grant
such access | 8 | | is a business offense punishable by a fine of $500. Each | 9 | | refusal
to an individual lessee who is a potential purchaser | 10 | | is a separate violation.
| 11 | | (g) Any notice provided for in this Section shall be | 12 | | deemed given when a written
notice is delivered in person or | 13 | | mailed, certified or registered mail, return
receipt requested | 14 | | to the party who is being given the notice.
| 15 | | (h) Prior to their initial sale, units offered for sale in | 16 | | a conversion
condominium and occupied by a tenant at the time | 17 | | of the offer shall be shown to
prospective purchasers only a | 18 | | reasonable number of times and at appropriate
hours. Units may | 19 | | only be shown to prospective purchasers during the last 90
| 20 | | days of any expiring tenancy.
| 21 | | (i) Any provision in any lease or other rental agreement, | 22 | | or any termination
of occupancy on account of condominium | 23 | | conversion, not authorized herein,
or contrary to or waiving | 24 | | the foregoing provisions, shall be deemed to be
void as | 25 | | against public policy.
| 26 | | (j) A tenant is entitled to injunctive relief to enforce |
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| 1 | | the provisions of subsections (a) and (c) of this Section.
| 2 | | (k) A non-profit housing organization, suing on behalf of | 3 | | an aggrieved tenant under this Section, may also recover | 4 | | compensation for reasonable attorney's fees and court costs | 5 | | necessary for filing such action.
| 6 | | (l) Nothing in this Section shall affect any provision in | 7 | | any lease or rental
agreement in effect before this Act | 8 | | becomes law.
| 9 | | (m) Nothing in this amendatory Act of 1978 shall be | 10 | | construed to imply
that there was previously a requirement to | 11 | | record the notice provided for
in this Section.
| 12 | | (Source: P.A. 101-81, eff. 7-12-19.)
| 13 | | (50 ILCS 825/Act rep.) | 14 | | Section 80. The Rent Control Preemption Act is repealed. | 15 | | Section 97. Severability. The provisions of this Act are | 16 | | severable under Section 1.31 of the Statute on Statutes.
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.".
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