093_HB3067

 
                                     LRB093 09908 LCB 10158 b

 1        AN ACT concerning residential tenancies.

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

 4            ARTICLE I. GENERAL PROVISIONS AND DEFINITIONS

 5        Section  1-1.  Short  title. This Act may be cited as the
 6    Residential Renters' Rights and Responsibilities Act.

 7        Section 1-5.  Purposes; rules of construction.
 8        (a) This Act shall be liberally construed and applied  to
 9    promote its underlying purposes and policies.
10        (b) The underlying purposes and policies of this Act are:
11             (1)  to  simplify,  clarify, modernize, standardize,
12        and revise the law governing the rental of dwelling units
13        and the rights and obligations of landlords and tenants;
14             (2) to encourage landlords and tenants  to  maintain
15        and  improve  the  habitability,  safety,  and quality of
16        housing, and to deter actions that have a negative impact
17        upon the habitability, safety, and  quality  of  housing;
18        and
19             (3)  to  supplement,  enhance,  and  add  to already
20        existing federal, State, and local law, so as to  provide
21        a   baseline  of  rights  and  remedies  for  residential
22        renters, and to preempt local and State law only  to  the
23        extent  that  they  deny, restrict, or otherwise diminish
24        the rights and remedies contained herein.

25        Section   1-10.  Supplementary    principles    of    law
26    applicable.  Unless  displaced by the provisions of this Act,
27    the principles of law and equity, including, but not  limited
28    to,  the  law  relating to capacity to contract, mutuality of
29    obligations,  principal  and  agent,  real  property,  public
 
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 1    health,  safety  and  fire   prevention,   estoppel,   fraud,
 2    misrepresentation,  duress, coercion, mistake, bankruptcy, or
 3    other validating or invalidating cause supplement  provisions
 4    of this Act.

 5        Section  1-15.  Implicit  repeal. This Act is intended as
 6    unified coverage of its subject matter. No part of it  is  to
 7    be  construed as impliedly repealed by subsequent legislation
 8    if that construction can reasonably be avoided.

 9        Section  1-20.  Application.   This   Act   applies   to,
10    regulates,  and  determines rights, obligations, and remedies
11    under a residential lease,  wherever  made,  for  a  dwelling
12    place located within this State.

13        Section  1-25.  Exclusions.  Unless  created to avoid the
14    application of this Act, the following arrangements  are  not
15    governed by this Act:
16        (a)  occupancy  in  emergency  and  transitional shelters
17    that provide no more than 120 days of  housing  without  rent
18    being paid;
19        (b)  occupancy  of  less  than  30  consecutive days in a
20    hotel subject to the Hotel Operators' Occupation Tax Act;
21        (c)  residence at an institution  if  that  residence  is
22    incidental   to   the   provision   of   medical,  geriatric,
23    educational, counseling, religious, or similar service;
24        (d)  occupancy under a contract for sale  of  a  dwelling
25    unit  or  the property of which it is a part, if the occupant
26    is  the  purchaser  or  the  person  who  succeeds   to   the
27    purchaser's interest;
28        (e)  occupancy  by  an  owner  of a condominium unit or a
29    holder of a proprietary lease in a cooperative; or
30        (f)  residential relationships  governed  by  the  Mobile
31    Home Landlord and Tenant Rights Act.
 
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 1        Section 1-30.  Subject matter jurisdiction. All courts of
 2    general  jurisdiction  may  decide  disputes arising from any
 3    violation of this Act. All violations of this Act are germane
 4    to actions for possession under Article IX  of  the  Code  of
 5    Civil Procedure.

 6        Section 1-35.  Notice.
 7        (a)  Except  for  notices  required  by Article IX of the
 8    Code of Civil Procedure, written notice shall be given either
 9    in person or by first class mail. If not in person, landlords
10    shall be given notice at the address provided to  the  tenant
11    at  the  time  the  lease  is  entered,  or  any subsequently
12    reported address. If not in  person,  leaseholders  shall  be
13    given  notice  at  the  address  of  the  rental  unit or the
14    leaseholder's last known address, if different.
15        (b)  Where notice is required, but it is not required  to
16    be  in  writing,  notice  may  be  provided by any means that
17    actually accomplishes the necessary communication.

18        Section 1-40.  Notice of termination. Notice required  by
19    Article  IX of the Code of Civil Procedure shall, in addition
20    to the methods provided therein, be given to the  leaseholder
21    by properly addressed and stamped registered mail.

22        Section 1-45.  Definitions. As used in this Act:
23        "Tenant" means a person entitled by written or oral lease
24    to occupy a dwelling place.
25        "Leaseholder"  means  a person who entered into a written
26    or oral lease for the occupancy of a dwelling place.
27        "Landlord" means the owner, agent, employee,  lessor,  or
28    sublessor,  or the successor in interest of any of them, of a
29    dwelling place or the building of which the dwelling place is
30    a part.
31        "Owner" means one or more persons, jointly or  severally,
 
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 1    in whom is vested all or part of the legal title to property,
 2    or  all  or  part  of the beneficial ownership and a right to
 3    present use  and  enjoyment  of  the  premises,  including  a
 4    mortgagee in possession.
 5        "Dwelling  place"  means  a  structure  or  the part of a
 6    structure that is used as  a  home,  residence,  or  sleeping
 7    place  by  one  or  more  persons  who  maintain a household,
 8    together  with  the  common  areas,  land,  and   appurtenant
 9    buildings  thereto,  and  all  housing  services, privileges,
10    furnishings, and facilities supplied in connection  with  the
11    use  or  occupancy  thereof,  including  garage  and  parking
12    facilities.
13        "Rent"  means  any  consideration, including any payment,
14    bonus, benefits,  or  gratuity  demanded  or  received  by  a
15    landlord  for or in connection with the use or occupancy of a
16    dwelling unit, but excluding security  deposits,  late  fees,
17    charges  associated with damage caused by the tenant, utility
18    payments, and any other irregular or conditional charges.

19        Section 1-50. Due date. Where the Act permits a tenant to
20    withhold rent, the leaseholder's  rental  payment  is  deemed
21    paid  on the date due, continuing for each date on which rent
22    is due until the condition permitting the tenant to  withhold
23    rent is remedied.

24                   ARTICLE II. CREATION OF TENANCY

25        Section  2-5.  Application  fees.  The landlord shall not
26    charge any application fee. A landlord  may  charge  for  the
27    actual  cost  of  running  a credit report, in which case the
28    landlord shall provide the  prospective  leaseholder  with  a
29    copy  of  the  full report. A landlord shall not charge for a
30    credit report if  the  prospective  leaseholder  presents  an
31    unaltered copy of the prospective leaseholder's credit report
 
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 1    to the landlord and the report is less than 60 days old.

 2        Section 2-10.  Written lease agreements.
 3        (a)  All  written  leases must be in the language used to
 4    negotiate the lease. A written lease  that  does  not  comply
 5    with this term is unenforceable by the landlord.
 6        (b)  If the landlord and leaseholder enter into a written
 7    lease,  the landlord must tender to the leaseholder a copy of
 8    the lease within 10 days of execution, and  if  the  landlord
 9    fails to do so, the lease is voidable in whole or in part.
10        (c)  Any  lease provision in conflict with the provisions
11    of this Act is void.
12        (d)  Within 10 days of notice  to  the  landlord  that  a
13    lease  provision violates the terms of this Act, the landlord
14    shall offer an amended  lease,  different  in  terms  to  the
15    extent  necessary  to  conform  the  lease  to  this Act. The
16    landlord's failure to do so within the 10 day period provided
17    shall subject the landlord to a  claim  for  damages  in  the
18    amount  of  2  months'  rent  plus  costs  and  fees for each
19    affected tenant.
20        (e)  If the landlord  accepts  a  security  deposit,  the
21    landlord and the payor of the deposit shall be deemed to have
22    entered into a lease.
23        (f)  A written lease may not include a provision in which
24    the tenant confesses judgment.

25        Section 2-15.  Unconscionability.
26        (a)  If the court finds:
27             (1)  A   lease   or   any   provision   thereof   is
28        unconscionable  when  made,  the  court  shall  refuse to
29        enforce the  agreement,  enforce  the  remainder  of  the
30        agreement  without the unconscionable provision, or limit
31        the application of any unconscionable provision to  avoid
32        an unconscionable result.
 
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 1             (2)  A settlement is unconscionable, the court shall
 2        refuse  to  enforce the settlement, enforce the remainder
 3        of the settlement without the  unconscionable  provision,
 4        or  limit the application of any unconscionable provision
 5        to avoid an unconscionable result.
 6        (b)  If unconscionability is put into issue by a party or
 7    by the court  upon  its  own  motion  the  parties  shall  be
 8    afforded  a  reasonable opportunity to present evidence as to
 9    the setting, purpose, and effect of the lease  or  settlement
10    to aid the court in making the determination.

11        Section 2-20.  Agents.
12        (a)  Concurrent with creation of either a written or oral
13    lease, a landlord must provide the leaseholder with the name,
14    street   address,   and   phone  number  for  the  individual
15    responsible for making repairs to the  unit,  for  collecting
16    rent,  and  for receipt of process. It is insufficient notice
17    to provide a post office box address.
18        (b)  If the landlord fails to provide  this  notice,  the
19    leaseholder  may  withhold rent until such time as the notice
20    is provided.
21        (c)  If the dwelling place is purchased by a  new  owner,
22    the  new  owner  must serve the notice required by subsection
23    (a) on the leaseholder, along with documentation proving that
24    title to the dwelling place has passed to a new owner.  Until
25    the notice is served, the leaseholder may withhold rent.

26        Section 2-25.  Security deposits.
27        (a)  A  landlord  shall  neither  demand  nor  receive  a
28    security deposit in excess of one month's rent.
29        (b)  All  security  deposits shall be held in a federally
30    insured interest-bearing account in a bank, savings and  loan
31    association,  or  other financial institution located in this
32    State. A security deposit and  all  interest  earned  on  the
 
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 1    security  deposit remain the property of the leaseholder. The
 2    security deposit may not be commingled with the assets of the
 3    landlord and shall not  be  subject  to  the  claims  of  any
 4    creditor  of  the  landlord or of the landlord's successor in
 5    interest, including a foreclosing  mortgagee  or  trustee  in
 6    bankruptcy.
 7        (c)  Within  30  days  of the end of each 12 month rental
 8    period, the landlord shall pay directly  to  the  leaseholder
 9    all  interest  earned  on  the leaseholder's deposit for that
10    period.
11        (d)  Violation of this Section shall subject the landlord
12    to a claim for damages in the amount of 2 times the  security
13    deposit, plus interest, attorney's fees, and costs.

14        Section 2-30.  Inventory checklists.
15        (a)  Prior  to  or during the tenancy, the landlord shall
16    create an inventory checklist with the leaseholder  detailing
17    the  condition  of  the  dwelling  place.  Concurrently,  the
18    landlord shall supply a copy of any checklists completed with
19    the   previous   leaseholder  to  the  new  leaseholder.  The
20    checklist shall detail the condition of all items in the unit
21    owned  by  the  landlord  including,  but  not  limited   to,
22    carpeting,  draperies, appliances, windows, furniture, walls,
23    closets,  shelves,  paint,  doors,  plumbing  fixtures,   and
24    electrical  fixtures.  The  checklist  shall be signed by the
25    landlord and the leaseholder.
26        (b)  Any damage to the dwelling place existing  prior  to
27    creation of the inventory checklist shall be presumed to have
28    existed prior to occupancy by the current leaseholder, absent
29    clear and convincing evidence to the contrary.
30        (c)  The  landlord  must  provide  the leaseholder with a
31    copy  of  the  leaseholder's  checklist  within  10  days  of
32    completing the checklist.

33                        ARTICLE III. TENANCY
 
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 1        Section 3-5.  Tenant responsibilities.
 2        (a)  The tenant shall:
 3             (1)  comply with all obligations  primarily  imposed
 4        upon  tenants  by  applicable provisions of any building,
 5        housing, or fire code  materially  affecting  health  and
 6        safety;
 7             (2)  keep  the  part of the premises that the tenant
 8        occupies and uses reasonably  clean,  within  the  limits
 9        imposed by the condition of the premises;
10             (3)  dispose  of  ashes, rubbish, garbage, and other
11        waste from the dwelling unit in a clean and safe manner;
12             (4)  keep all plumbing in the dwelling unit or  used
13        by the tenant reasonably clean, within the limits imposed
14        by the condition of the fixtures; and
15             (5)  use  in  a  reasonable  manner  all electrical,
16        plumbing,      sanitary,      heating,       ventilating,
17        air-conditioning,   kitchen,  and  other  facilities  and
18        appliances including elevators in the premises.
19        (b)  The tenant shall not:
20             (1)  deliberately  or  wantonly   destroy,   deface,
21        damage,  impair,  or  remove  a  part  of the premises or
22        knowingly permit any other person to do so;
23             (2)  unreasonably disturb, or permit others  on  the
24        premises   with  the  tenant's  consent  to  unreasonably
25        disturb a neighbor's peaceful enjoyment of the  premises;
26        or
27             (3)  change  the  locks on the doors, except in case
28        of emergency. In case of emergency, the tenant may change
29        the lock, and, within 72 hours, shall give  the  landlord
30        notice  that  the locks have been changed and provide the
31        landlord with keys to all changed locks. If the emergency
32        is caused by the landlord's access to the unit and if the
33        tenant is terminating the tenancy because of a  violation
34        of  the tenant's right of quiet enjoyment, the tenant may
 
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 1        refuse to turn over the new keys until after  the  tenant
 2        has vacated the unit.
 3        (c)  Any  violation  of this Section shall be remedied in
 4    accordance with Section 3-15 of this Act or by an  action  to
 5    evict the tenant.

 6        Section 3-10.  Tenants' right to organize.
 7        (a)  Legitimate  tenant  organizations  have the right to
 8    organize for the purpose  of  addressing  issues  related  to
 9    their  living environment, which includes, but is not limited
10    to, the terms and conditions of  their  tenancy  as  well  as
11    activities  related  to  housing and community development. A
12    legitimate  tenant  organization  has  a  right  to  use  the
13    resources or personnel of  outside  organizers  or  community
14    organizations.
15        (b)  A  tenant  organization is legitimate if it has been
16    established by the tenants of a building,  is  representative
17    of   residents   in  the  building  or  development,  and  is
18    completely  independent  of  owners,  management,  and  their
19    representatives, except that tenant organizations may  accept
20    governmental subsidies intended to aid tenant groups.
21        (c)  Individual  tenants working to create or influence a
22    legitimate tenant organization have  the  same  rights  as  a
23    legitimate tenant organization.
24        (d)  Landlords    must    provide    legitimate    tenant
25    organizations  with  access  to existing common areas for the
26    organization's activities.
27        (e)  Landlords    must    permit    legitimate     tenant
28    organizations  to  communicate  with  other  tenants  by  all
29    reasonable means.
30        (f)  Landlords  must  give  input  from legitimate tenant
31    organizations reasonable consideration when  making  decision
32    about the property
33        (g)  Landlords   may  not  retaliate  against  legitimate
 
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 1    tenant  organizations  or  outside  organizers  or  community
 2    organizations working with legitimate tenant organizations.
 3        (h)  A legitimate tenant organization has  the  right  to
 4    use  any remedy established by this Act to the same extent as
 5    an individual tenant.
 6        (i)  Protected activities include, but  are  not  limited
 7    to, the following:
 8             (1)  distributing leaflets in lobby areas;
 9             (2)  placing leaflets at or under tenants' doors;
10             (3)  distributing leaflets in common areas;
11             (4)  conducting   door  to  door  surveys  of  other
12        tenants to ascertain interest in  establishing  a  tenant
13        organization   and  to  offer  information  about  tenant
14        organizations or  tenant rights;
15             (5)  initiating reasonable contact with tenants;
16             (6)  posting information within the building;
17             (7)  assisting  tenants   in   tenant   organization
18        activities; and
19             (8)  convening     regularly     scheduled    tenant
20        organization meetings in a space on site  and  accessible
21        to  tenants,  in  a  manner  that is fully independent of
22        management representatives.  In  order  to  preserve  the
23        independence    of   tenant   organizations,   management
24        representatives  may  not  attend  such  meetings  unless
25        invited by the tenant organization to discuss a  specific
26        issue.
27        (j)  Individuals and organizations injured by a violation
28    of  this  Section may seek injunctive relief, actual monetary
29    damages, and a penalty in the amount  of  twice  the  average
30    monthly  rent  paid  by  tenants  in  the  building where the
31    organizational activities were intended to occur.

32        Section 3-15.  Damage caused by the tenant. If  a  tenant
33    damages  the  tenant's rental unit beyond the normal wear and
 
                            -11-     LRB093 09908 LCB 10158 b
 1    tear of the unit, the landlord shall:
 2        (a)  Within 10 days of learning of the damage,  give  the
 3    leaseholder  written  notice  of the alleged damage, advising
 4    the leaseholder of the leaseholder's  right  to  discuss  the
 5    cause  of  the  damage and the remedy for the damage with the
 6    landlord.
 7        (b)  If no arrangement is reached  between  the  landlord
 8    and  leaseholder  within  10  days  of receipt of the written
 9    notice, the  landlord  shall  give  the  leaseholder  written
10    notice of the landlord's demand for repayment for the cost of
11    repair  of  the  unit. The demand for repayment shall include
12    copies of all receipts for repair work to the  premises.  The
13    demand  shall  allow  the  leaseholder to pay for the repairs
14    within 30 days of the receipt of the demand.
15        (c)  If the leaseholder  pays  the  landlord  the  amount
16    demanded,  the  landlord cannot terminate the tenancy for the
17    damage caused.
18        (d)  If the leaseholder fails to pay the amount demanded,
19    the landlord may serve  the  leaseholder  with  a  notice  of
20    termination  of  tenancy  in  accordance with Section 6-5 and
21    Article IX of the Code of Civil Procedure.
22        (e)  If after serving notice of termination the  landlord
23    files  an  eviction action, and the finder of fact determines
24    that the damages  for  which  the  landlord  sought  recovery
25    amounted only to reasonable wear and tear, the landlord shall
26    pay  the  leaseholder  for  all  attorney's  fees  and  costs
27    incurred defending the suit.

28        Section 3-20.  Landlord's responsibilities.
29        (a)  A landlord shall:
30             (1)  comply  with  the  requirements  of  applicable
31        building  and  housing  codes materially affecting health
32        and safety;
33             (2)  in a timely manner  make  all  repairs  and  do
 
                            -12-     LRB093 09908 LCB 10158 b
 1        whatever  is  necessary to put and keep the premises in a
 2        fit and habitable condition, including extermination  and
 3        snow and ice removal;
 4             (3)  keep  all  common  areas  of  the premises in a
 5        clean and safe condition;
 6             (4)  maintain in good and safe working condition all
 7        electrical,  plumbing,  sanitary,  heating,  ventilating,
 8        air-conditioning, and other  facilities  and  appliances,
 9        including  elevators, supplied or required to be supplied
10        by the landlord;
11             (5)  provide and  maintain  appropriate  receptacles
12        and  conveniences  for  the  removal  of  ashes, garbage,
13        rubbish, and other waste incidental to the  occupancy  of
14        the dwelling unit and arrange for their removal;
15             (6)  supply  running water and reasonable amounts of
16        hot  water,  unless  hot  water  is   generated   by   an
17        installation  within  the exclusive control of the tenant
18        and supplied by a direct public  utility  connection,  in
19        which  case  the  landlord is prohibited from interfering
20        with the tenant's procurement of hot water;
21             (7)  supply heat to inhabited rooms  from  September
22        15th  of each year to June 1st of the following year at a
23        minimum temperature of 68 degrees Fahrenheit;
24             (8)  not unreasonably interfere  with  the  tenant's
25        quiet enjoyment of the unit;
26             (9)  make  security deposit records available during
27        office hours;
28             (10)  provide a written receipt for any payment made
29        by the tenant or on behalf of the tenant to the  landlord
30        within  10  days  of  receiving the payment. Each receipt
31        shall identify the amount received, the date on which the
32        amount was received,  and  the  obligation  the  landlord
33        considered satisfied by the payment; and
34             (11)  disclose  to the tenants at the time the lease
 
                            -13-     LRB093 09908 LCB 10158 b
 1        is  negotiated  any  arrangement  for  annual   municipal
 2        inspections touching on the dwelling unit.
 3        (b)  In  addition  to  the  remedies set forth in Section
 4    3-30,  which  apply  to  subparagraphs  (1)  through  (7)  of
 5    subsection (a), if a  landlord  acts  in  violation  of  this
 6    Section  a  tenant  may,  during  the time that the violation
 7    continues, file suit for injunctive relief,  actual  damages,
 8    attorney's fees, and costs.

 9        Section 3-25. Landlord's right of entry.
10        (a)  In  an  emergency,  a  landlord may enter a tenant's
11    unit to the extent necessary to  respond  to  the  emergency.
12    Within  48 hours of an emergency entrance, the landlord shall
13    give written notice to the leaseholder of the entry,  and  in
14    that notice shall disclose the actions taken.
15        (b)  If  entrance  is  not  required  to  respond  to  an
16    emergency,  the landlord may enter a tenant's unit only after
17    providing 48 hours notice to the tenant of the date and  time
18    when  the  landlord  will enter. Unless otherwise agreed, the
19    landlord may only enter the unit between the  hours  of  9:00
20    a.m.  and  7:00  p.m.  A  landlord  may only enter a unit for
21    purposes of accessing or providing maintenance or repair  for
22    the  unit,  for  any inspections required by the lease, or to
23    show the unit to a prospective renter.
24        (c)  If  the  landlord  violates  this   provision,   the
25    leaseholder  or tenant may file suit and shall be entitled to
26    2 months rent and attorney's fees.
27        (d)  If the landlord violates this provision  twice,  the
28    leaseholder may terminate the lease.
29        (e)  If  the  tenant  unreasonably  denies  the  landlord
30    entrance  into  the  unit despite proper notice, the landlord
31    may seek injunctive relief or  may  seek  possession  of  the
32    dwelling   place   with   proper  notice  of  termination  in
33    accordance with Section 6-5 and Article IX  of  the  Code  of
 
                            -14-     LRB093 09908 LCB 10158 b
 1    Civil Procedure.

 2        Section 3-30.  Condition violation. If the condition of a
 3    dwelling  place falls below the standard required by this Act
 4    due to the action or omission of the  landlord,  and  if  the
 5    condition  violation  was  not  caused by the tenant so as to
 6    permit the landlord to seek payment under Section  3-20,  the
 7    leaseholder may:
 8        (a)  Within  10  days  of learning of the violation, give
 9    the landlord written notice of the alleged damage, and permit
10    the landlord 10 days to remedy the violation.
11        (b)  If  the  violation  is  not  substantially  remedied
12    within  those  10  days,  the  leaseholder  shall  obtain  an
13    estimate of the cost of repair. If the leaseholder  fails  to
14    obtain an estimate of the cost of repair, the leaseholder may
15    not withhold more than one month's rent to cover repair costs
16    actually  paid by the tenant but may proceed under subsection
17    (d) of this Section so long  as  a  reasonable  person  would
18    assume  that  the  repair  cost  was greater than one month's
19    rent. No estimate need be obtained to proceed  with  remedies
20    for denial of an essential service.
21        (c)  If  the  estimate  of the repair is greater than one
22    month's rental payment, the tenant may pay for the repair and
23    deduct the actual cost of repair and  cost  of  the  estimate
24    from rent due.
25        (d)  If  the  estimate  of the repair is greater than one
26    month's rent, the leaseholder may pay one-half of the monthly
27    rental amount in satisfaction  of  the  leaseholder's  rental
28    obligation  until the violation is substantially repaired. In
29    addition, the leaseholder may deduct the  estimate  from  the
30    rent due.
31        (e)  If  the  estimate  of the repair is greater than one
32    month's rent, and if the landlord commences repair within the
33    10 days provided, but is unable  to  complete  repair  within
 
                            -15-     LRB093 09908 LCB 10158 b
 1    that  time  frame,  the  leaseholder  may  deduct  25% of the
 2    monthly rental amount in satisfaction  of  the  leaseholder's
 3    rental   obligation  until  the  violation  is  substantially
 4    repaired. However, if the landlord fails to make a good faith
 5    effort to complete the  repairs  in  a  timely  fashion,  the
 6    leaseholder  may  increase  the  withholding  to  50%  of the
 7    monthly rental amount until the  violation  is  substantially
 8    repaired.
 9        (f)  If the violation amounts to a denial of an essential
10    services,  such as failure to supply sufficient heat, running
11    water, hot water, electric gas, or other basic shelter issue,
12    the leaseholder may proceed with any remedy specified  above.
13    In  addition,  the  leaseholder  may  begin  withholding rent
14    three-fourths of the monthly rent beginning the day after the
15    leaseholder gives the landlord notice of the  denial  of  the
16    essential  service.   Concurrently,  the  tenant  may procure
17    reasonable amounts of the essential service or  services  not
18    supplied  and bill the landlord for the cost of that service,
19    or deduct the cost of service from the rent.
20        (g)  If the violation of the essential service  continues
21    for  72  hours,  the leaseholder may either continue with the
22    remedies specified in subsection (f) of this Section, or  may
23    give  the landlord notice that the leaseholder will terminate
24    the lease and vacate the property at will.

25        Section 3-35. Prohibition of lock-out.
26        (a)  A landlord shall  not  lock  a  tenant  out  of  the
27    tenant's unit. The following actions constitute a lock-out:
28             (1)  plugging, changing, adding or removing any lock
29        or latching device;
30             (2)  blocking any entrance into the dwelling place;
31             (3)  removing  any  door or window from the dwelling
32        place;
33             (4)  interfering  with  services  to  the   dwelling
 
                            -16-     LRB093 09908 LCB 10158 b
 1        place,  including gas, hot or cold water, plumbing, heat,
 2        or telephone service;
 3             (5)  removing the tenant's  personal  property  from
 4        the dwelling place;
 5             (6)  removing   or   incapacitating   appliances  or
 6        fixtures;
 7             (7)  using force or violence to a tenant;
 8             (8)  threatening to  use  force  or  violence  to  a
 9        tenant; or
10             (9)  any  other act making the dwelling place or any
11        part of the dwelling place or any  personal  property  of
12        the   tenants  in  the  dwelling  place  inaccessible  or
13        uninhabitable.
14        (b)  The following actions do not constitute a lock-out:
15             (1)  eviction by the sheriff after  a  judgment  for
16        possession  has  been  obtained through Article IX of the
17        Code of Civil Procedure;
18             (2)  temporary interference with possession only  as
19        necessary  to  make needed repairs or inspection and only
20        as provided by law and with proper written notice; or
21             (3)  entry after tenants have abandoned a unit.
22        (c)  Violation of this Section  entitles  the  tenant  to
23    both   injunctive   relief  and  damages.  Injunctive  relief
24    includes, but is not limited to, restoration of possession of
25    the  tenant's  dwelling  place,  personal  property,  utility
26    service, and  relief  against  future  interference.  Damages
27    shall  be  either  in the amount of twice the tenant's actual
28    damages or 6 times the monthly rent for the  unit,  whichever
29    is greater, plus attorney's fees and court costs.

30        Section 3-40.  Fees.
31        (a)  A  landlord  may  not  charge  a  tenant  any fee in
32    addition to rent unless the fee:
33             (1)  is  disclosed  on  the  lease  and   separately
 
                            -17-     LRB093 09908 LCB 10158 b
 1        initialed by the tenant;
 2             (2)  is  not  for maintenance of the dwelling place;
 3        and
 4             (3)  is not in excess of the actual  cost  borne  by
 5        the landlord.
 6        (b)  A  lease  cannot  include a leaseholder-paid fee for
 7    late payment of rent or discount for early payment of rent in
 8    excess of $10 per month for the first $500  in  monthly  rent
 9    plus 5% per month for any amount of rent in excess of $500.

10               ARTICLE IV. CHANGE IN TERMS OF TENANCY

11        Section 4-5.  Rent increase.
12        (a)  At  the  expiration  of a lease term, a landlord may
13    demand any increase in rent desired subject to the  following
14    notice requirements and subsection (e) of this Section.
15        (b)  For  rent increases of 5% or less, the landlord must
16    provide 30 days written notice of  the  increase  before  the
17    increase may take effect.
18        (c)  For  rent increases of greater than 5% and up to 10%
19    of the rental rate, the landlord must provide 60 days written
20    notice of the increase in rent before it may take effect.
21        (d)  For rent increases of more than 10%  of  the  rental
22    rate, the landlord must provide 90 days written notice of the
23    increase before it may take effect.
24        (e)  A  landlord with 10 or more building code violations
25    as cited by the given municipality's governing body  may  not
26    increase  a  tenant's  rent  until  the  violations have been
27    remedied.

28        Section 4-10.  End of lease term. At the end of the lease
29    period, all leases for a term of greater than one month shall
30    revert to month-to-month tenancies under the  same  terms  as
31    the   expiring  lease  unless  either  the  landlord  or  the
32    leaseholder give 30 days notice of the  intent  to  change  a
 
                            -18-     LRB093 09908 LCB 10158 b
 1    term in the lease other than rent.

 2        Section   4-15.  Sublease.   Landlords  must  accept  all
 3    reasonable sublessees offered by the  leaseholder  under  the
 4    same  terms  provided  to  the original leaseholder, provided
 5    that landlords renting subsidized units may refuse a sublease
 6    so long as the  landlord  complies  with  the  terms  of  the
 7    subsidy affecting that unit.

 8        Section 4-20.  Duty to mitigate damages. If a leaseholder
 9    gives notice of the leaseholder's intent to break a lease, or
10    if  the  landlord  otherwise  discovers  that  the tenant has
11    broken  the  lease  or  abandoned  the  dwelling  place,  the
12    landlord shall make all reasonable efforts to re-let the unit
13    at the same terms offered to the original leaseholder, or  at
14    terms  more  reasonable  to  the prospective leaseholder. The
15    original leaseholder is responsible to the landlord only  for
16    those damages that could not have been mitigated.

17                    ARTICLE V. END OF LEASE TERM

18        Section 5-5.  Closing inventory checklist. Upon notice to
19    the  landlord  that  the  leaseholder  either will vacate the
20    dwelling place,  or  has  vacated  the  dwelling  place,  the
21    landlord  shall make himself or herself available to create a
22    closing inventory checklist before admitting a new tenant  to
23    occupancy  of  the  dwelling  place.  The  closing  inventory
24    checklist  shall  be  on  substantially  the same form as the
25    inventory checklist. The landlord shall provide a copy of the
26    closing inventory checklist to the tenant within 10  days  of
27    the creation of the checklist.
28        If  the leaseholder is not reasonably available to create
29    a closing inventory checklist, the landlord  may  create  the
30    closing inventory checklist without the leaseholder, but must
31    photograph  any damage claimed beyond normal wear and tear on
 
                            -19-     LRB093 09908 LCB 10158 b
 1    the dwelling place, or be barred from seeking to recover  for
 2    that damage.

 3        Section  5-10.  Return of security deposits. The security
 4    deposit and all interest earned thereon shall be returned  to
 5    the  leaseholder  within  10  days  of  the date on which the
 6    leaseholder gave notice  to  the  landlord  that  the  tenant
 7    vacated the unit unless: (i) the landlord is proceeding under
 8    Section  3-15 of this Act for damage caused by the tenant; or
 9    (ii) the leaseholder is behind in rent and the  landlord  has
10    withheld  the  amount  from the security deposit equal to the
11    amount of rent owed.
12        Violation of this Section  subjects  the  landlord  to  a
13    claim  for  damages  in  the  amount  of 2 times the security
14    deposit, plus interest,  plus  the  leaseholder's  attorney's
15    fees and costs.
16        If  the  landlord  cannot  with  reasonable effort find a
17    replacement leaseholder so as to comply  with  this  Section,
18    the  landlord  may present that as a defense to a claim under
19    this Section.

20        Section 5-15.  Abandonment. Abandonment of  the  dwelling
21    unit shall be deemed to have occurred only when:
22        (a)  written  notice has been provided to the landlord by
23    the leaseholder indicating the leaseholder's intention not to
24    return to the dwelling unit;
25        (b)  all tenants have been absent from  the  unit  for  a
26    period  of  21  days,  or for one rental period, whichever is
27    greater, the tenants have  removed  their  personal  property
28    from the premises, and rent for the period is unpaid; or
29        (c)  all tenants have been absent from the dwelling place
30    for a period of 32 days and rent for that period is unpaid.

31        ARTICLE VI. LANDLORD'S ACTION TO TERMINATE POSSESSION
 
                            -20-     LRB093 09908 LCB 10158 b
 1        Section 6-5.  Notice.
 2        (a)  The  notice  required  to  initiate  an  action  for
 3    forcible  entry  under  Article  IX  of  the  Code  of  Civil
 4    Procedure  must also, in addition to the requirements of that
 5    Code:
 6             (1)  state that the landlord is demanding  that  the
 7        tenant  leave  the  dwelling place on a date specified in
 8        the notice;
 9             (2)  state the reasons  for  the  landlord's  action
10        with  enough  specificity so as to enable the leaseholder
11        to prepare a defense; and
12             (3)  advise the tenants that if they remain  in  the
13        leased  unit  on  the date specified for termination, the
14        landlord may seek to  enforce  the  termination  only  by
15        taking  the  tenants  to court, at which time the tenants
16        may present a defense.

17        Section 6-10.  Right to terminate lease.  After giving  2
18    months written notice, a leaseholder may terminate a lease if
19    the reason for the termination is:
20        (a)  The  purchase  of  residential  property  that  will
21    become the leaseholder's primary residence.
22        (b)  The  need to relocate when either the leaseholder or
23    a member  of  the  leaseholder's  family  accepts  employment
24    located more than 50 miles from the dwelling place.
25        (c)  The   consolidation   of  households  because  of  a
26    marriage.

27        Section 6-15.  Right to cure. Within the period  provided
28    by the notice to initiate action under Article IX of the Code
29    of  Civil Procedure, the tenant may cure any lease violation,
30    whether for failure to pay rent or for material violation  of
31    the  terms  of the lease or this Act. If the tenant cures the
32    lease violation within the time provided,  the  landlord  may
 
                            -21-     LRB093 09908 LCB 10158 b
 1    not file an action to evict the tenant on that basis.

 2        Section  6-20.  Waiver.  The landlord waives the right to
 3    proceed with an action for nonpayment of rent if, at any time
 4    before judgment, the landlord accepts the rent due and owing.

 5        Section 6-25.  Prohibition on retaliation.
 6        (a)  A  landlord  may  not  retaliate  against  a  tenant
 7    because the tenant has in good faith:
 8             (1)  complained of code violations in  the  dwelling
 9        place  or  an  illegal  landlord practice to a government
10        agency, public official, or elected representative;
11             (2)  complained of a code violation  or  an  illegal
12        landlord practice to a community organization or the news
13        media;
14             (3)  sought  the  assistance  of the news media or a
15        community organization to remedy a code violation  or  an
16        illegal landlord practice;
17             (4)  requested that the landlord make repairs in the
18        dwelling place;
19             (5)  testified  in  court  or  in  an administrative
20        proceeding about the condition of the dwelling  place  or
21        the building;
22             (6)  testified  in  court  or  in  an administrative
23        proceeding about the landlord's conduct as a landlord;
24             (7)  refused any unwanted sexual advance made by the
25        landlord to the tenant; or
26             (8)  exercised any right or remedy provided by law.
27        (b)  Actionable retaliation shall  include,  but  not  be
28    limited  to  the  following,  if taken in retaliation for the
29    actions specified above:
30             (1)  increasing rent;
31             (2)  decreasing  any  service,  including  but   not
32        limited to the provision of gas, heat, or electricity, or
 
                            -22-     LRB093 09908 LCB 10158 b
 1        use of facilities or common areas;
 2             (3)  making  any alteration to the premises that has
 3        an adverse effect upon the tenant;
 4             (4)  any threat of physical force or use of physical
 5        force against the tenant or tenant's family member;
 6             (5)  any threat to use a government agency to  cause
 7        harm  to  the  tenant  or  the  tenant's  family  member,
 8        including  but not limited to incarceration, deportation,
 9        or the loss of a government subsidy; or
10             (6)  an attempt to  terminate  the  tenancy  of  the
11        tenant.
12        (c)  If a landlord acts in violation of this Section, the
13    tenant  may commence a civil action in an appropriate circuit
14    court of this  State  not  later  than  one  year  after  the
15    occurrence  of  the  violation.  If  the court finds that the
16    alleged  violation  occurred,  the  court  shall  award   the
17    plaintiff the following relief:
18             (1)  injunctive relief;
19             (2)  an  amount equal to 2 months' rent or twice the
20        actual damages sustained by the plaintiff,  whichever  is
21        greater;
22             (3)  punitive damages, if appropriate; and
23             (4)  attorney's fees.
24        (d)  If   a  landlord  retaliates  against  a  tenant  by
25    attempting to terminate the tenancy,  any  judgment  obtained
26    thereby shall be voidable.

27        Section   6-30.  Attorney's   fees.   The   recovery   of
28    attorney's  fees for the prosecution of an action pursuant to
29    Section 9-106 of the Code of Civil Procedure is prohibited.