93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4856

 

Introduced 02/04/04, by Charles G. Morrow III

 

SYNOPSIS AS INTRODUCED:
 
765 ILCS 740/3 new

    Amends the Tenant Utility Payment Disclosure Act. Requires a landlord to provide to the prospective tenant a separate statement detailing any utility services to be paid for by the landlord. Provides that failure of the landlord to provide the required statement does not invalidate the lease, but gives rise to a rebuttable presumption of the landlord's bad faith in any action against the landlord based in whole or in part on the landlord's failure to provide utility services.


LRB093 20933 EFG 46911 b

 

 

A BILL FOR

 

HB4856 LRB093 20933 EFG 46911 b

1     AN ACT concerning disclosure of utility services to be
2 provided by landlords.
 
3     Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
 
5     Section 5. The Tenant Utility Payment Disclosure Act is
6 amended by adding Section 3 as follows:
 
7     (765 ILCS 740/3 new)
8     Sec. 3. Disclosure of utility services to be provided by
9 landlord. Before executing a lease, the landlord shall provide
10 to the prospective tenant a separate statement detailing any
11 utility services to be paid for by the landlord. The statement
12 shall specifically declare that payment for the indicated
13 utility services is the obligation of the landlord rather than
14 the tenant and that the indicated utility services will be
15 turned on and functioning by the date of occupancy under the
16 lease.
17     Failure of the landlord to provide the required statement
18 does not invalidate the lease, but shall give rise to a
19 rebuttable presumption of the landlord's bad faith in any
20 action against the landlord based in whole or in part on the
21 landlord's failure to provide utility services.