Bill Amendment: IL SB2601 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: LANDLORD/TENANT-FLOOD DISCLOSE
Status: 2024-06-12 - Sent to the Governor [SB2601 Detail]
Download: Illinois-2023-SB2601-Senate_Amendment_001.html
Bill Title: LANDLORD/TENANT-FLOOD DISCLOSE
Status: 2024-06-12 - Sent to the Governor [SB2601 Detail]
Download: Illinois-2023-SB2601-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 2601 | ||||||
2 | AMENDMENT NO. ______. Amend Senate Bill 2601 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Landlord and Tenant Act is amended by | ||||||
5 | adding Section 25 as follows:
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6 | (765 ILCS 705/25 new) | ||||||
7 | Sec. 25. Disclosure of potential flooding in rental and | ||||||
8 | lease agreements. | ||||||
9 | (a) As used in this Section: | ||||||
10 | "Flood" and "flooding" mean a general or temporary | ||||||
11 | condition of partial or complete inundation of a dwelling or | ||||||
12 | property caused by: | ||||||
13 | (1) the overflow of inland or tidal waves; | ||||||
14 | (2) the unusual and rapid accumulation of runoff or | ||||||
15 | surface waters from any established water source such as a | ||||||
16 | river, stream, or drainage ditch; or |
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1 | (3) rainfall. | ||||||
2 | "Lower-level unit" means any garden level unit, basement | ||||||
3 | level unit, or first floor level unit. | ||||||
4 | (b) Every landlord shall clearly disclose to each of the | ||||||
5 | landlord's tenants in writing prior to signing the lease for | ||||||
6 | the rental property that a rental property is located in the | ||||||
7 | Federal Emergency Management Agency (FEMA) Special Flood | ||||||
8 | Hazard Area ("100-year floodplain") and if the landlord has | ||||||
9 | actual knowledge that the rental property or any portion of | ||||||
10 | the parking areas of the real property containing the rental | ||||||
11 | property has been subjected to flooding and the frequency of | ||||||
12 | such flooding. Such disclosure shall also be included in the | ||||||
13 | written lease or the written renewal lease and shall be signed | ||||||
14 | by both parties. | ||||||
15 | (c) Every landlord who leases a lower-level unit shall | ||||||
16 | clearly disclose to each of the landlord's lower-level unit | ||||||
17 | tenants in writing prior to the signing of the lease for the | ||||||
18 | lower-level unit if the lower-level unit or any portion of the | ||||||
19 | real property containing the lower-level unit has experienced | ||||||
20 | flooding in the last 10 years and shall disclose the frequency | ||||||
21 | of such flooding. Such disclosure shall also be included in | ||||||
22 | the written lease or the written renewal lease and shall be | ||||||
23 | signed by both parties. | ||||||
24 | (d) The written disclosure shall look substantially | ||||||
25 | similar to the following: | ||||||
26 | "(Landlord) [ ] is or [ ] is not aware that the rental |
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1 | property is located in a FEMA Special Flood Hazard Area | ||||||
2 | ("100-year floodplain"). The property has experienced flooding | ||||||
3 | [ ] times in the last 10 years. Even if the rental property is | ||||||
4 | not in a Special Flood Hazard Area ("100-year floodplain"), | ||||||
5 | the dwelling may still be susceptible to flooding. The Federal | ||||||
6 | Emergency Management Agency (FEMA) maintains a flood map on | ||||||
7 | its Internet website that is searchable by address, at no | ||||||
8 | cost, to determine if a dwelling is located in a flood hazard | ||||||
9 | area. | ||||||
10 | (Landlord) [ ] is or [ ] is not aware that the rental | ||||||
11 | property you are renting has flooded at least once in the last | ||||||
12 | 10 years. The rental property has flooded [ ] times in the last | ||||||
13 | 10 years. Even if the dwelling has not flooded in the last 10 | ||||||
14 | years, the dwelling may still be susceptible to flooding. | ||||||
15 | Most tenant insurance policies do not cover damage or loss | ||||||
16 | incurred in a flood. You are encouraged to examine your policy | ||||||
17 | to determine whether you are covered. If you are not, flood | ||||||
18 | insurance may be available through FEMA's National Flood | ||||||
19 | Insurance Program to cover your personal property in the event | ||||||
20 | of a flood. Information regarding flood risks can be found at | ||||||
21 | the dnr.illinois.gov (Illinois Department of Natural | ||||||
22 | Resources), fema.gov (FEMA), and ready.gov/flood (U.S. | ||||||
23 | National public service). | ||||||
24 | Landlords are required to disclose the above information | ||||||
25 | pursuant to Section 25 of the Landlord and Tenant Act. A | ||||||
26 | landlord's failure to comply with Section 25 of the Landlord |
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1 | and Tenant Act shall entitle the tenant to remedies as defined | ||||||
2 | in that Section. | ||||||
3 | .......................... | ||||||
4 | (Tenant Signature) (Date) | ||||||
5 | .......................... | ||||||
6 | (Landlord Signature) (Date)" | ||||||
7 | (e) If a landlord fails to comply with subsection (b), and | ||||||
8 | the tenant subsequently becomes aware that the property is | ||||||
9 | located in the FEMA Special Flood Hazard Area ("100-year | ||||||
10 | floodplain") the tenant may terminate the lease by giving | ||||||
11 | written notice of termination to the landlord no later than | ||||||
12 | the 30th day after a tenant becomes aware of the landlord's | ||||||
13 | failure to comply with subsection (b), and the landlord shall | ||||||
14 | return all rent and fees paid in advance no later than the 15th | ||||||
15 | day after the tenant gave notice. | ||||||
16 | If a landlord fails to comply with subsection (b) or | ||||||
17 | subsection (c) and flooding occurs that results in damage to | ||||||
18 | the tenant's personal property, affects the habitability of | ||||||
19 | the leased property, or affects the tenant's access to the | ||||||
20 | leased property, the tenant may: | ||||||
21 | (1) terminate the lease by giving written notice to | ||||||
22 | the landlord no later than the 30th day after the flood | ||||||
23 | occurred and the landlord shall return all rent and fees | ||||||
24 | paid in advance no later than the 15th day after the tenant | ||||||
25 | gave notice; and | ||||||
26 | (2) bring an action against the landlord of the |
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