HB4856ham002 93RD GENERAL ASSEMBLY

Rep. Charles G. Morrow III

Filed: 3/19/2004

09300HB4856ham002 LRB093 20933 LCB 48678 a

AMENDMENT TO HOUSE BILL 4856

AMENDMENT NO. ______. Amend House Bill 4856, AS AMENDED, by replacing everything after the enacting clause with the following:

"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 signed and sworn affidavit detailing any utility services to be paid for by the landlord. The affidavit 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 affidavit 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. Provides, however, that nothing in this Section shall be interpreted as authorizing the resale of electric service.".