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Public Act 103-0754
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| SB2601 Enrolled | LRB103 34558 LNS 64393 b |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Landlord and Tenant Act is amended by |
adding Section 25 as follows:
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(765 ILCS 705/25 new) |
Sec. 25. Disclosure of potential flooding in rental and |
lease agreements. |
(a) As used in this Section: |
"Flood" and "flooding" mean a general or temporary |
condition of partial or complete inundation of a dwelling or |
property caused by: |
(1) the overflow of inland or tidal waves; |
(2) the unusual and rapid accumulation of runoff or |
surface waters from any established water source such as a |
river, stream, or drainage ditch; or |
(3) rainfall. |
"Lower-level unit" means any garden level unit, basement |
level unit, or first floor level unit. |
(b) Every landlord shall clearly disclose to each of the |
landlord's tenants in writing prior to signing the lease for |
the rental property that a rental property is located in the |
Federal Emergency Management Agency (FEMA) Special Flood |
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Hazard Area ("100-year floodplain") and if the landlord has |
actual knowledge that the rental property or any portion of |
the parking areas of the real property containing the rental |
property has been subjected to flooding and the frequency of |
such flooding. Such disclosure shall also be included in the |
written lease or the written renewal lease and shall be signed |
by both parties. |
(c) Every landlord who leases a lower-level unit shall |
clearly disclose to each of the landlord's lower-level unit |
tenants in writing prior to the signing of the lease for the |
lower-level unit if the lower-level unit or any portion of the |
real property containing the lower-level unit has experienced |
flooding in the last 10 years and shall disclose the frequency |
of such flooding. Such disclosure shall also be included in |
the written lease or the written renewal lease and shall be |
signed by both parties. |
(d) The written disclosure shall look substantially |
similar to the following: |
"(Landlord) [ ] is or [ ] is not aware that the rental |
property is located in a FEMA Special Flood Hazard Area |
("100-year floodplain"). The property has experienced flooding |
[ ] times in the last 10 years. Even if the rental property is |
not in a Special Flood Hazard Area ("100-year floodplain"), |
the dwelling may still be susceptible to flooding. The Federal |
Emergency Management Agency (FEMA) maintains a flood map on |
its Internet website that is searchable by address, at no |
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cost, to determine if a dwelling is located in a flood hazard |
area. |
(Landlord) [ ] is or [ ] is not aware that the rental |
property you are renting has flooded at least once in the last |
10 years. The rental property has flooded [ ] times in the last |
10 years. Even if the dwelling has not flooded in the last 10 |
years, the dwelling may still be susceptible to flooding. |
Most tenant insurance policies do not cover damage or loss |
incurred in a flood. You are encouraged to examine your policy |
to determine whether you are covered. If you are not, flood |
insurance may be available through FEMA's National Flood |
Insurance Program to cover your personal property in the event |
of a flood. Information regarding flood risks can be found at |
the dnr.illinois.gov (Illinois Department of Natural |
Resources), fema.gov (FEMA), and ready.gov/flood (U.S. |
National public service). |
Landlords are required to disclose the above information |
pursuant to Section 25 of the Landlord and Tenant Act. A |
landlord's failure to comply with Section 25 of the Landlord |
and Tenant Act shall entitle the tenant to remedies as defined |
in that Section. |
.......................... |
(Tenant Signature) (Date) |
.......................... |
(Landlord Signature) (Date)" |
(e) If a landlord fails to comply with subsection (b), and |
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the tenant subsequently becomes aware that the property is |
located in the FEMA Special Flood Hazard Area ("100-year |
floodplain") the tenant may terminate the lease by giving |
written notice of termination to the landlord no later than |
the 30th day after a tenant becomes aware of the landlord's |
failure to comply with subsection (b), and the landlord shall |
return all rent and fees paid in advance no later than the 15th |
day after the tenant gave notice. |
If a landlord fails to comply with subsection (b) or |
subsection (c) and flooding occurs that results in damage to |
the tenant's personal property, affects the habitability of |
the leased property, or affects the tenant's access to the |
leased property, the tenant may: |
(1) terminate the lease by giving written notice to |
the landlord no later than the 30th day after the flood |
occurred and the landlord shall return all rent and fees |
paid in advance no later than the 15th day after the tenant |
gave notice; and |
(2) bring an action against the landlord of the |
property to recover damages for personal property lost or |
damaged as a result of flooding. |
(e) Exemptions. This Section does not apply to farm |
leases, concession leases, and rental properties owned or |
managed by the Department of Natural Resources. |
(f) This Section may not be interpreted to permit the |
renting, leasing, or subleasing of lower-level units in a |