Public Act 0161 103RD GENERAL ASSEMBLY

HB2562 Enrolled LRB103 24796 LNS 51125 b

Public Act 103-0161

AN ACT concerning civil law.

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

Section 5. The Common Interest Community Association Act is amended by adding Section 1-71 as follows:

(765 ILCS 160/1-71 new)

Sec. 1-71. Heating and cooling standards.

(a) When a common interest community building has a cooling system or heating system or both serving the entire building, including individual units, the association shall comply with the following standards with respect to the individual units in which people live:

(1) During the cooling season, June 1 through September 30, cooling systems must operate when the heat index exceeds 80 degrees Fahrenheit.

(2) During the heating season, October 1 through May 31: (i) between 6 a.m. and 10 p.m., heat must register at least 68 degrees Fahrenheit when the outside temperature falls below 55 degrees Fahrenheit, and (ii) between 10 p.m. and 6 a.m., heat must register at least 62 degrees Fahrenheit.

(b) When a common interest community building does not have a building-wide cooling system that serves individual units, then the association shall provide at least one indoor common gathering space for which a cooling system operates when the heat index exceeds 80 degrees Fahrenheit. All occupants of the building shall have free access to that cooled space. As used in this subsection, "indoor common gathering space" means a room intended to be used as a place where multiple people can gather, such as a lounge, meeting or conference room, party room, or similar that can accommodate a cooling system. Any common interest community building that does not have an indoor common gathering space shall be exempt from this subsection.

(c) This Section only applies to associations in which the initial declaration limits ownership, rental, or occupancy of a unit to a person 55 years of age or older.

Section 10. The Condominium Property Act is amended by adding Section 18.11 as follows:

(765 ILCS 605/18.11 new)

Sec. 18.11. Heating and cooling standards.

(a) When a condominium building has a cooling system or heating system or both serving the entire building, including individual units, the association shall comply with the following standards with respect to the individual units in which people live:

(1) During the cooling season, June 1 through September 30, cooling systems must operate when the heat index exceeds 80 degrees Fahrenheit.

(2) During the heating season, October 1 through May 31: (i) between 6 a.m. and 10 p.m., heat must register at least 68 degrees Fahrenheit when the outside temperature falls below 55 degrees Fahrenheit, and (ii) between 10 p.m. and 6 a.m., heat must register at least 62 degrees Fahrenheit.

(b) When a condominium building does not have a building-wide cooling system that serves individual units, then the association shall provide at least one indoor common gathering space for which a cooling system operates when the heat index exceeds 80 degrees Fahrenheit. All occupants of the building shall have free access to that cooled space. As used in this subsection, "indoor common gathering space" means a room intended to be used as a place where multiple people can gather, such as a lounge, meeting or conference room, party room, or similar that can accommodate a cooling system. Any condominium building that does not have an indoor common gathering space shall be exempt from this subsection.

(c) This Section only applies to associations in which the initial declaration limits ownership, rental, or occupancy of a unit to a person 55 years of age or older.

Section 15. The Landlord and Tenant Act is amended by adding Section 20 as follows:

(765 ILCS 705/20 new)

Sec. 20. Heating and cooling standards.

(a) When residential rental property has a cooling system or heating system or both serving the entire premises, including individual dwelling units, the landlord shall comply with the following standards with respect to the individual dwelling units in which tenants live:

(1) During the cooling season, June 1 through September 30, cooling systems must operate when the heat index exceeds 80 degrees Fahrenheit.

(2) During the heating season, October 1 through May 31: (i) between 6 a.m. and 10 p.m., heat must register at least 68 degrees Fahrenheit when the outside temperature falls below 55 degrees Fahrenheit, and (ii) between 10 p.m. and 6 a.m., heat must register at least 62 degrees Fahrenheit.

(b) When residential rental property does not have a premises-wide cooling system that serves individual dwelling units, then the landlord shall provide at least one indoor common gathering space for which a cooling system operates when the heat index exceeds 80 degrees Fahrenheit. All tenants of the residential rental property shall have free access to that cooled space. As used in this subsection, "indoor common gathering space" means a room intended to be used as a place where multiple people can gather, such as a lounge, meeting or conference room, party room, or similar that can accommodate a cooling system. Residential rental property that does not have an indoor common gathering space shall be exempt from this subsection.

(c) This Section only applies to residential rental property in which rental or occupancy is limited to persons 55 years of age or older.

Effective Date: 1/1/2024