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| Public Act 103-0754 | ||||
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AN ACT concerning civil law. | ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly: | ||||
Section 5. The Landlord and Tenant Act is amended by | ||||
adding Section 25 as follows: | ||||
(765 ILCS 705/25 new) | ||||
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 | ||||
(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. | ||
.......................... | ||
(Tenant Signature) (Date) | ||
.......................... | ||
(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 | ||
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 | ||
(2) bring an action against the landlord of the | ||
property to recover damages for personal property lost or | ||
damaged as a result of flooding. | ||
(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. | ||