Full Text of SB1727 94th General Assembly
SB1727eng 94TH GENERAL ASSEMBLY
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| AN ACT concerning residential inspections.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the | 5 |
| Residential Inspection Ordinance Act. | 6 |
| Section 5. Purpose. The General Assembly has determined | 7 |
| that basic limits and guarantees of rights need to be adopted | 8 |
| by the State of Illinois regarding the enforcement of local | 9 |
| inspection ordinances and to that end this Act is enacted. | 10 |
| Section 10. Consent. Any local ordinance, law, rule, or | 11 |
| regulation calling or providing for the inspection of | 12 |
| residential property, whether owned or leased, shall require | 13 |
| the consent of the owner or the owner's agent or, if different | 14 |
| than the owner, the occupant of the premises before the | 15 |
| inspection occurs. If consent is denied or cannot be reasonably | 16 |
| obtained, the ordinance shall provide a process or procedure | 17 |
| for an administrative warrant to be obtained that, at a | 18 |
| minimum, provides for those protections guaranteed by the | 19 |
| constitutions of the United States of America and the State of | 20 |
| Illinois. No action, sanction, or penalty may be taken or | 21 |
| imposed against an owner or occupant for exercising his or her | 22 |
| constitutional right to refuse to consent to a warrantless | 23 |
| inspection. No local ordinance, law, rule, or regulation may | 24 |
| require a prospective buyer or prospective tenant to consent to | 25 |
| future inspections of real property as a condition of owning or | 26 |
| occupying that real property. | 27 |
| Section 15. Real estate transfer stamps. No municipality, | 28 |
| county, or other local governmental body, and no official or | 29 |
| officer thereof, may refuse to issue real estate transfer | 30 |
| stamps in connection with the sale or conveyance of real |
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| property on the basis that an inspection of the real property | 2 |
| required by ordinance has not been completed or that the issues | 3 |
| or problems identified by an inspection have not been corrected | 4 |
| or completed. | 5 |
| Section 20. Escrow. A local or municipal inspection | 6 |
| ordinance may provide that an escrow must be established prior | 7 |
| to the sale or lease of real estate in an amount equal to the | 8 |
| lower of a reasonable amount required by the municipality to | 9 |
| effect the repairs or an amount indicated by a contractor in a | 10 |
| proposal to complete the required repairs. The ordinance may | 11 |
| further provide that if an inspection has been completed, the | 12 |
| owner notified that certain repairs are required, and the | 13 |
| amount estimated to be needed to complete the repairs, then the | 14 |
| seller (or owner in the case of a lease of rental residential | 15 |
| property) shall remain liable for the cost of the repairs after | 16 |
| conveyance of the real estate unless the required escrow has | 17 |
| been established prior to conveyance of the real estate. | 18 |
| Escrowed funds may be placed with any person or entity acting | 19 |
| as an independent escrowee, as provided for in the Title | 20 |
| Insurance Act, or any person or entity exempt from the | 21 |
| independent escrowee provisions of that Act. Escrowed moneys | 22 |
| shall be available to pay contractors, subcontractors, | 23 |
| vendors, material persons, and suppliers during the progress of | 24 |
| and upon the completion of needed repairs. | 25 |
| Section 25. Exceptions. This Act shall not apply to | 26 |
| inspections of residential property that is (i) under | 27 |
| construction or that has been constructed but not yet occupied, | 28 |
| or (ii) open and vacant. | 29 |
| Section 30. Home rule. A home rule unit may not regulate | 30 |
| the inspection of residential real property in a manner more | 31 |
| restrictive than the regulation by the State. This Section is a | 32 |
| limitation under subsection (i) of Section 6 of Article VII of | 33 |
| the Illinois Constitution on the concurrent exercise by home |
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| rule powers and functions exercised by the State.
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