HB4856 93RD GENERAL ASSEMBLY

LRB093 20933 EFG 46911 b

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.

A BILL FOR

AN ACT concerning disclosure of utility services to be provided by landlords.

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

Section 5. The Tenant Utility Payment Disclosure Act is amended by adding Section 3 as follows:

(765 ILCS 740/3 new)

Sec. 3. Disclosure of utility services to be provided by landlord. Before executing a lease, the landlord shall provide to the prospective tenant a separate statement detailing any utility services to be paid for by the landlord. The statement shall specifically declare that payment for the indicated utility services is the obligation of the landlord rather than the tenant and that the indicated utility services will be turned on and functioning by the date of occupancy under the lease.

Failure of the landlord to provide the required statement does not invalidate the lease, but shall give 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.