Illinois landlord tenant legislation up for vote April 15, 2011

There are a number of bills up for vote on April 15, 2011.  Many of these are anti-landlord.  Landlords would be well advised to encourage their representatives to vote against the following bills (a link to the bill and the state supplied synopsis follow):

HB1233 – Replaces everything after the enacting clause. Amends the Landlord and Tenant Act. Provides that a lessor of a dwelling unit shall change or rekey the immediate access to the dwelling unit every time a unit has been vacated. Provides that the failure of a lessor to change or rekey the access as required renders the lessor liable for damage due to theft attributable to not changing or rekeying the access. Effective January 1, 2012.

HB1309 – In provisions concerning leased premises used in furtherance of a criminal offense, provides that a written lease shall contain language that the commission of any act by the lessee, occupant, household member of the lessee or occupant, or guest of the lessee or occupant that would constitute a felony or Class A misdemeanor shall give the owner or lessor the right to void the lease and recover possession of the leased premises. Provides that under specified circumstances, an owner or lessor may assign to the State’s Attorney of the county or the corporation counsel of the municipality in which the property is located (instead of the State’s Attorney) the right to bring a forcible entry and detainer action on behalf of the owner or lessor. Effective immediately.

HB1251 – Amends the Sex Offender Community Notification Law. Provides that if a sex offender resides in a multi-unit dwelling, the owner, local law enforcement agency having jurisdiction shall notify the residents of the multi-unit dwelling (rather than owner, landlord, or management of the multi-unit dwelling) shall notify residents of the multi-unit dwelling that sex offenders reside in the multi-unit dwelling. Provides that if a sex offender intends to reside in the multi-unit dwelling, notice shall be given before the sex offender moves into the multi-unit dwelling. Provides that it is the duty of the owner, landlord, or management of the multi-unit dwelling to periodically check the Statewide Sex Offender Database to determine if sex offenders reside within the multi-unit dwelling. Provides that an owner, landlord, or management of a multi-unit dwelling is immune from criminal or civil liability for an act or omission made in good faith in reliance on the information in the Statewide Sex Offender Database.

HB0141 -Creates the Tenants Radon Protection Act. Provides definitions and makes findings. Provides that before a lease is signed, a landlord shall provide to each tenant in a dwelling unit, on or below the third floor, any records or reports pertaining to radon concentrations within the dwelling unit that present a radon hazard. Provides that before a lease is signed, a landlord shall furnish each prospective tenant with an Illinois Emergency Management Agency radon guide for tenants, a prescribed form of disclosure of information on radon hazards, and any test results. Provides that a landlord has up to 30 days to obtain a radon test after receipt of a tenant’s notification of a test revealing radon. Provides that a measurement by a radon contractor is valid for 5 years. Provides that nothing implies an obligation on a landlord or a tenant to conduct any radon testing. Provides that this is a limitation on home rule powers. Contains other provisions. Effective January 1, 2012.

HB1607 – Amends the Landlord and Tenant Act. When a prospective lessor receives a request from a prospective lessee to rent a residential property, the prospective lessor may charge that prospective lessee an application fee, subject to limitations concerning the cost of, receipt for, and return of the fee. Effective immediately.

HB1565 – Amends the Illinois Human Rights Act. Adds to the definition of a civil rights violation: a prohibition against a landlord inquiring about an arrest record or refusing to rent a unit because the prospective tenant has an arrest record. Provides that it is a civil rights violation for the owner or the agent of any housing accommodation to inquire whether a prospective tenant has an arrest record or to refuse to rent a unit because the prospective tenant has an arrest record. Provides that these 2 prohibitions shall not apply to an apartment rental in an apartment building with 4 units or less when one is occupied by the owner or to the rental of a room in a private home that is owner-occupied.

It’s not all bad news.  There is one bill landlords should SUPPORT:

Support HB1209 – Provides that if an action is brought for possession of the residential premises of a tenant and the court finds that the tenant is more than 90 days in arrears on his or her rent, the court may order a stay of the enforcement of the judgment for no more than 10 days, or if the court finds that there is good cause for a longer stay, then the court may grant a stay in excess of 10 days, but in that event the court shall require that the tenant pay a pro rata amount of rent under terms established in the stay order.

All of these bills will be voted on TOMORROW.


About Richard Magnone

Co-founding member of Reda | Ciprian | Magnone, LLC, attorney at law and Illinois licensed lawyer since 1996.
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