(765 ILCS 705/25) (Text of Section from P.A. 103-754) (This Section may contain text from a Public Act with a delayed effective date ) Sec. 25. Disclosure of potential flooding in rental and lease agreements. (a) As used in this Section: "Flood" and "flooding" mean a general or temporary condition of partial or complete inundation of a dwelling or property caused by: (1) the overflow of inland or tidal waves; (2) the unusual and rapid accumulation of runoff or |
| surface waters from any established water source such as a river, stream, or drainage ditch; or
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(3) rainfall.
"Lower-level unit" means any garden level unit, basement level unit, or first floor level unit.
(b) Every landlord shall clearly disclose to each of the landlord's tenants in writing prior to signing the lease for the rental property that a rental property is located in the Federal Emergency Management Agency (FEMA) Special Flood Hazard Area ("100-year floodplain") and if the landlord has actual knowledge that the rental property or any portion of the parking areas of the real property containing the rental property has been subjected to flooding and the frequency of such flooding. Such disclosure shall also be included in the written lease or the written renewal lease and shall be signed by both parties.
(c) Every landlord who leases a lower-level unit shall clearly disclose to each of the landlord's lower-level unit tenants in writing prior to the signing of the lease for the lower-level unit if the lower-level unit or any portion of the real property containing the lower-level unit has experienced flooding in the last 10 years and shall disclose the frequency of such flooding. Such disclosure shall also be included in the written lease or the written renewal lease and shall be signed by both parties.
(d) The written disclosure shall look substantially similar to the following:
"(Landlord) [ ] is or [ ] is not aware that the rental property is located in a FEMA Special Flood Hazard Area ("100-year floodplain"). The property has experienced flooding [ ] times in the last 10 years. Even if the rental property is not in a Special Flood Hazard Area ("100-year floodplain"), the dwelling may still be susceptible to flooding. The Federal Emergency Management Agency (FEMA) maintains a flood map on its Internet website that is searchable by address, at no cost, to determine if a dwelling is located in a flood hazard area.
(Landlord) [ ] is or [ ] is not aware that the rental property you are renting has flooded at least once in the last 10 years. The rental property has flooded [ ] times in the last 10 years. Even if the dwelling has not flooded in the last 10 years, the dwelling may still be susceptible to flooding.
Most tenant insurance policies do not cover damage or loss incurred in a flood. You are encouraged to examine your policy to determine whether you are covered. If you are not, flood insurance may be available through FEMA's National Flood Insurance Program to cover your personal property in the event of a flood. Information regarding flood risks can be found at the dnr.illinois.gov (Illinois Department of Natural Resources), fema.gov (FEMA), and ready.gov/flood (U.S. National public service).
Landlords are required to disclose the above information pursuant to Section 25 of the Landlord and Tenant Act. A landlord's failure to comply with Section 25 of the Landlord and Tenant Act shall entitle the tenant to remedies as defined in that Section.
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(Tenant Signature) (Date)
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(Landlord Signature) (Date)"
(e) If a landlord fails to comply with subsection (b), and the tenant subsequently becomes aware that the property is located in the FEMA Special Flood Hazard Area ("100-year floodplain") the tenant may terminate the lease by giving written notice of termination to the landlord no later than the 30th day after a tenant becomes aware of the landlord's failure to comply with subsection (b), and the landlord shall return all rent and fees paid in advance no later than the 15th day after the tenant gave notice.
If a landlord fails to comply with subsection (b) or subsection (c) and flooding occurs that results in damage to the tenant's personal property, affects the habitability of the leased property, or affects the tenant's access to the leased property, the tenant may:
(1) terminate the lease by giving written notice to
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| the landlord no later than the 30th day after the flood occurred and the landlord shall return all rent and fees paid in advance no later than the 15th day after the tenant gave notice; and
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(2) bring an action against the landlord of the
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| property to recover damages for personal property lost or damaged as a result of flooding.
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(e) Exemptions. This Section does not apply to farm leases, concession leases, and rental properties owned or managed by the Department of Natural Resources.
(f) This Section may not be interpreted to permit the renting, leasing, or subleasing of lower-level units in a municipality if the municipality does not permit the renting, leasing, or subleasing of such units.
(Source: P.A. 103-754, eff. 1-1-25.)
(Text of Section from P.A. 103-840)
(This Section may contain text from a Public Act with a delayed effective date )
Sec. 25. Reusable tenant screening report.
(a) Definitions. In this Section:
"Application screening fee" means a request by a landlord for a fee to cover the costs of obtaining information about a prospective tenant.
"Consumer report" has the same meaning as defined in Section 1681a of Title 15 of the United States Code.
"Consumer credit reporting agency" means a person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties and that uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports.
"Reusable tenant screening report" means a written report, prepared by a consumer credit reporting agency, that prominently states the date through which the information contained in the report is current and includes, but is not limited to, all of the following information regarding a prospective tenant:
(A) the name of the prospective tenant;
(B) the contact information for the prospective
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(C) a verification of source of income of the
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(D) the last known address of the prospective
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(E) the results of an eviction history check of
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| the prospective tenant in a manner and for a period of time consistent with applicable law related to the consideration of eviction history in housing.
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(b) Providing a reusable tenant screening report.
(1) If a prospective tenant provides a reusable
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| tenant screening report that meets the following criteria, the landlord may not charge the prospective tenant a fee to access the report or an application screening fee. Those criteria include the following:
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(A) the report was prepared within the previous
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| 30 days by a consumer credit reporting agency at the request and expense of a prospective tenant;
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(B) the report is made directly available to a
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| landlord for use in the rental application process or is provided through a third-party website that regularly engages in the business of providing a reusable tenant screening report and complies with all State and federal laws pertaining to use and disclosure of information contained in a consumer report by a consumer credit reporting agency;
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(C) the report is available to the landlord at no
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| cost to access or use; and
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(D) the report includes all of the criteria
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| consistently being used by the landlord in the screening of prospective tenants.
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(2) A landlord may require an applicant to state that
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| there has not been a material change to the information in the reusable tenant screening report.
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(c) If an ordinance, resolution, regulation, administrative action, initiative, or other policy adopted by a unit of local government or county conflicts with this Act, the policy that provides greater protections to prospective tenants applies.
(d) Nothing in this Section prohibits a landlord from collecting and processing an application in addition to the report provided, as long as the prospective tenant is not charged an application screening fee for this additional report.
(Source: P.A. 103-840, eff. 1-1-25.)
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