(765 ILCS 735/0.01) (from Ch. 80, par. 61)
Sec. 0.01.
Short title.
This Act may be cited as the
Rental Property Utility Service Act.
(Source: P.A. 86-1324.)
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(765 ILCS 735/1) (from Ch. 80, par. 62)
Sec. 1. Utility payments; termination and restoration of service. Whenever, pursuant to any agreement, either written or verbal, a landlord
or his or her agent is required to pay for any water, gas or electrical
service, the landlord shall pay for the services to ensure that the services are available to the tenant throughout the term of the lease and shall pay for the services in a timely manner so as not to cause an interruption of the services. If the landlord or his or her agent does not pay for such
service, the tenant, or tenants in the event more than one tenant is served
by a common system of water, gas or electrical service, including
electrical service to common areas, which goes through a common meter in a
single building, may either (i) terminate the lease; however, the termination of the lease under this Section does not absolve the landlord or tenant from any obligations that have arisen under the lease prior to its termination under this Section; or (ii) pay for such service if the nonpayment jeopardizes the
continuation of the service to the tenant or tenants, as the case may be.
The utility company shall not terminate service for such nonpayment until
the utility company mails, delivers or posts a notice as specified in
Section 3 to all tenants of buildings with 3 or more residential apartments.
Upon receipt of such payment of the past due cost of such water,
gas or electrical service owed by the landlord, the provider of such
service shall immediately restore service to such tenant or tenants.
In the alternative, the provider of such service shall immediately restore
and continue such service to any tenant who (a) requests that the utility
put the bill in his or her name; (b) establishes satisfactory credit
references or provides for and pays a security deposit pursuant to the
rules and regulations of the Illinois Commerce Commission applicable to
applicants for new utility service; and (c) agrees to pay future bills. Any
sums the tenant or tenants, as the case may be, pay for water, gas or
electrical service that the landlord or his or her agent was required to
pay may be deducted from the rent due by the tenant or tenants, and the
total rent is diminished by the amount the tenant or tenants, as the case
may be, have paid for the continuation of the water, gas or electrical service.
(Source: P.A. 93-994, eff. 1-1-05.)
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(765 ILCS 735/1.1) (from Ch. 80, par. 62.1)
Sec. 1.1.
Definitions.
As used in this Act:
"Agreement" includes leases, oral agreements, and any other
understandings or contracts reached between a landlord and a tenant.
"Individually metered utilities" means that the utility service to one
or more rental dwelling units in a building is registered by an individual
meter for each dwelling unit.
"Master metered utilities" means that the utility service to a building
with one or more rental dwelling units is registered by a single meter for
the building.
"Landlord" includes the owner of a building, the owner's agent, and the
lessor of a building.
"Tenant" includes occupants of a building or mobile home, whether under a
lease or periodic tenancy.
"Utility company" includes all suppliers of utility service,
including municipalities.
"Utility service" includes electric, gas, water, or sanitary utility
service rendered by a utility company to a tenant at a specific location.
(Source: P.A. 87-178.)
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(765 ILCS 735/1.2) (from Ch. 80, par. 62.2)
Sec. 1.2.
Certain tenant-paid utility payment arrangements
prohibited; Notice of change in payment arrangement.
(a) No landlord shall rent or cause to be rented any unit in which the
tenant is responsible by agreement, implication, or otherwise for direct
payment for utility service to the utility company and in which the utility
company billing for that service includes any service to common areas of
the building or other units or areas used or occupied by persons other than
the individual tenant and those occupying the unit with the tenant on the
utility account, unless, before offering an initial lease or a renewal
lease, accepting a security deposit, or otherwise entering into an
agreement with the prospective tenant to let the premises:
(1) The landlord provides the prospective tenant with | ||
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(2) The landlord provides the prospective tenant with | ||
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(3) The landlord neither suggests nor requires the | ||
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(4) The landlord sets forth in writing the amount of | ||
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(b) No landlord shall request or cause to be effected a change
(i) from landlord-paid master metered utilities to tenant-paid
individually metered utilities or (ii) from landlord-paid to tenant-paid
utilities, regardless of the metering arrangement, during the term
of a lease. The landlord shall provide a minimum of 30 days
notice to each affected tenant before effecting such a change in
service; for tenants under a lease, the notice shall be provided to the
tenants no less than 30 days before the expiration of the lease term.
This subsection does not prohibit the landlord and tenant from agreeing to
amend the lease to effect such a change; the amendment must be in writing
and subscribed by both parties.
(c) Any term or condition in a rental agreement between the landlord and
the tenant that is inconsistent with this Section is void and unenforceable.
(d) Nothing in this Section affects the relationship between a utility
company and its customers.
(Source: P.A. 87-178.)
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(765 ILCS 735/1.3) (from Ch. 80, par. 62.3)
Sec. 1.3.
Tenant remedies and burdens of proof.
(a) A residential tenant shall be entitled to recover damages from the
landlord for the utility bills rendered in the tenant's name as a result of
the landlord's violation of this Act and which the landlord has not paid to
the utility company. The tenant shall have the burden of establishing that
the tenant was billed for utility service as a result of the landlord's
violation of this Act. Upon proof by the tenant that the tenant was billed
an amount for service not attributable to the unit or premises occupied by
the tenant, the landlord shall be liable to the tenant for 100% of those
utility bills. However, this sum shall be reduced by whatever percentage of
use that the court finds that the landlord has established to have been
attributable to the unit or premises the tenant occupied during the period
that the violation continued. The tenant may recover these damages by an
action at law or by a counterclaim in any action brought by the landlord
against the tenant. The court may treble the damage award when the court
finds that the landlord's violation of this Act was knowing or intentional.
The tenant may also recover costs and fees, including attorneys fees, if
the amount awarded by the court for utility service is in excess of $3,000.
The remedies contained in this Act do not limit or supersede any remedies
the tenant may have under a lease, contract, or the laws, including the
common law, of this State.
(b) This Section shall be prospective in application; the remedies shall
not attach to any violation that occurred before July 1, 1992.
(c) Nothing in this Section affects the relationship between a
utility company and its customers.
(Source: P.A. 87-178; 87-895.)
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(765 ILCS 735/1.4) (from Ch. 80, par. 62.4)
Sec. 1.4.
Prohibition on termination of utility service by
landlord. No landlord shall cause or request utility service to tenants to
be interrupted, discontinued, or terminated in an occupied building (i) by
nonpayment of utility bills for which the landlord has assumed
responsibility by agreement or by implication (such as where the utilities
are master metered) or (ii) by tampering with equipment or lines. This
Section does not prohibit temporary utility shutoffs in cases of
emergencies such as gas leaks or fire or, upon 7 days written notice to
each affected tenant, temporary shutoffs required for building repairs or
rehabilitation.
(Source: P.A. 87-177; 87-895.)
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(765 ILCS 735/2) (from Ch. 80, par. 63)
Sec. 2.
Receivership; utility service termination.
(a) Tenants, upon receiving notice of utility service termination pursuant
to Section 1, and utility companies may petition the circuit court, or any
court having jurisdiction, for appointment of a receiver of rents due for
use and occupancy of the building. No one building may be the subject of
more than 2 such petitions in any consecutive 12 month period. The
petition shall be served upon the landlord at his or her last
known address and upon the utility company which has rendered notice of
termination of utility service, except when the utility company is the
petitioner. Upon a finding that the tenants' utility service is subject
to termination or has been terminated as a result of an amount due and
owing by the landlord to the utility company, the court shall appoint a
receiver who shall be authorized to collect rents due from the tenants for
use and occupancy of the building. The court shall also design
a payment plan through which the receiver shall be required to remit to
the utility company such portion of the funds as are necessary for payment
of current utility bills incurred during the term of the receivership,
including any security deposit requested by the utility in accordance with
the rules and regulations of the Illinois Commerce Commission. The
receiver shall remit the remainder of the collected rents as the court
shall direct, taking into consideration the ordinary and necessary expenses
of the property including, but not limited to, repair, maintenance, other
utility bills, property taxes, arrearages which were the subject of the
petition, and any capital expenditures deemed necessary by the court. The
landlord or his or her agent shall be liable for arrearages due to the
utility company which the court in its payment plan determines cannot
feasibly be remitted by the receiver from the collected rents within 12 months.
(b) Within 10 days of the appointment of the receiver,
during which time the utility company shall not discontinue service to
the building for reason of nonpayment, such receiver shall
make a determination as to whether or not the rents due for the use and
occupancy of the building can reasonably be expected to be sufficient to
pay current bills and to pay any security deposit which may be requested by
the utility. Upon a determination by the court that
the rents due for the use and occupancy of the building cannot reasonably
be expected to be sufficient to pay current bills and to pay any security
deposit which may be requested by the utility, such receivership shall be
terminated.
(c) In the event that a petition for receivership is filed after utility
service has been terminated, service shall be restored as soon as the
utility company receives notice that a receiver has been appointed. The
receiver shall make all reasonable efforts to provide to the utility access
to the building at all times.
(d) Any receivership established pursuant to this Section shall be terminated
by the court upon its finding that the arrearage which was the subject of the
petition has been satisfied or upon its finding that the income from the
building has become insufficient to pay current utility bills and retire
the arrearages as ordered by the court and shows no reasonable likelihood
of becoming sufficient.
(Source: P.A. 87-177.)
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(765 ILCS 735/2.1) (from Ch. 80, par. 63.1)
Sec. 2.1.
Tenant damages.
(a) A landlord's violation of Section 1.4 entitles the
residential tenant to damages from the landlord in the amount of a 100%
abatement of the rental obligation for each month, and prorated for each
part of a month, that the utility service was terminated and to
consequential damages. The tenant has a duty to mitigate damages.
(b) When utility service is terminated as a result of the landlord's
violation of Section 1.4 under circumstances demonstrating the
landlord's deliberate or reckless indifference or wilful disregard for the
rights of the tenants, or bad faith, the court may additionally award each
affected residential tenant in the building statutory damages up to $300
each or the sum of $5,000 divided by the number of affected tenants,
whichever is less.
(Source: P.A. 87-177; 87-895.)
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(765 ILCS 735/2.2) (from Ch. 80, par. 63.2)
Sec. 2.2.
Recovery of damages; costs and fees.
In the case of a
petition filed on or after July 1, 1992, where termination of utility
service is averted as a result of action taken by the utility company or
tenant or tenants under Section 2, the petitioner is entitled to recover
its costs (including court costs), fees (including attorney's fees), and
expenses incurred in connection with bringing the receivership proceeding.
The costs, fees, and expenses, and damages recoverable under Section 2.1,
may be awarded by the court in the receivership proceeding. The sum
awarded by the court to the utility company shall be paid by the receiver
to the utility company out of the rents paid to the receiver.
(Source: P.A. 87-177.)
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(765 ILCS 735/3) (from Ch. 80, par. 64)
Sec. 3.
Notice of utility service termination.
The utility company
shall notify all tenants of buildings with 3 or more residential apartments
of the proposed termination of utility service. This notice shall contain
the following information: (1) the specific date, no sooner than 10 days
after the notice is rendered, that utility service
is subject to termination; (2) a statement of the tenants' statutory
right either (A) to pay the utility company the amount due and owing by
the landlord and to deduct the amount paid to the utility company
from the rent due on the rental agreement or (B) to petition the court
for appointment of a receiver to collect the rents due for use and occupancy
of the building and remit a portion to the utility company for payment of
utility bills; (3) the dollar amount of the utility bills due and owing
on the date such notice is given and the average monthly utility bill; and
(4) the name and telephone number of any legal services agency within the
utility company's service area where the tenants may obtain free
legal assistance. Any notice provided to tenants of a building under this
Act shall be of a conspicuous size, on red paper, and in at least 14 point
bold face type, except that the words "notice of (utility service)
termination" shall be in 36 point bold face type if the notice is posted,
and shall state:
It is unlawful for the landlord or his or her agent | ||
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(Source: P.A. 87-177.)
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(765 ILCS 735/4) (from Ch. 80, par. 65)
Sec. 4.
The lessor, landlord or his agent shall not increase rent paid
by the lessees or tenants of the building in order to collect all or part
of the amount lawfully deducted for utility service pursuant to this Act.
(Source: P.A. 80-1453.)
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(765 ILCS 735/5) (from Ch. 80, par. 66)
Sec. 5.
Nothing in this Act shall be construed to prevent a utility company
from pursuing any other action or remedy that it may have against the lessor,
landlord or his agent for any amounts due and owing to the utility company
and nothing in this Act shall be construed to prevent a utility company
from acting in the interest of public safety.
(Source: P.A. 80-1453.)
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