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Public Act 099-0790 | ||||
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AN ACT concerning health.
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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 5. The Lead Poisoning Prevention Act is amended by | ||||
changing Section 9.1 as follows:
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(410 ILCS 45/9.1) (from Ch. 111 1/2, par. 1309.1)
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Sec. 9.1. Owner's obligation to give notice. An owner of a | ||||
regulated facility
who has received a mitigation notice
under | ||||
Section 9 of this Act shall, before the renewal of an existing | ||||
lease agreement or before entering into a new lease
agreement | ||||
or sales contract for the dwelling unit for which the
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mitigation notice was issued : , | ||||
(1) provide the current lessee or lessees, if the lease | ||||
is to be renewed, and prospective lessees or purchasers of | ||||
that
unit with written notice that a lead hazard has | ||||
previously been
identified in the dwelling unit, unless the | ||||
owner has obtained a
certificate of compliance for the unit | ||||
under Section 9. An owner shall
may satisfy this notice | ||||
requirement by providing the prospective
lessee or | ||||
purchaser with a copy of the mitigation notice and | ||||
inspection report prepared pursuant to Section 9 ; and . | ||||
(2) provide the Department with written notice of the | ||||
sale of the dwelling unit for which the mitigation notice |
was issued, including the date of the sale, and the name, | ||
address, telephone number, and email address of the | ||
prospective purchaser of the unit. | ||
An owner of a regulated facility who has received a | ||
mitigation notice under Section 9 of this Act or an owner of a | ||
regulated facility who has purchased the facility from an owner | ||
who has received a mitigation notice under Section 9 of this | ||
Act and who also receives notice as provided in paragraph (1) | ||
of this Section shall, before entering into a new lease | ||
agreement for the dwelling unit for which the mitigation notice | ||
was issued, mitigate the lead hazard previously identified in | ||
the regulated facility and obtain a certificate of compliance | ||
under Section 9. For purposes of determining compliance with | ||
this Act, the date of the mitigation notice for an owner of a | ||
regulated facility who has purchased the facility from an owner | ||
subject to this Section and who also receives notice as | ||
provided for in paragraph (1) of this Section shall be deemed | ||
to be the date of the sale as provided for in paragraph (2) of | ||
this Section.
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Before entering into a residential lease agreement or sales | ||
contract, all owners
of regulated facilities containing | ||
dwelling units built before 1978
shall give prospective lessees | ||
or purchasers information on the potential
health hazards posed | ||
by lead in regulated facilities by providing
prospective | ||
lessees or purchasers with a copy of an informational brochure | ||
prepared by the
Department and shall be consistent with the |
requirements set forth in 40 CFR Part 745, Subpart F .
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(Source: P.A. 98-690, eff. 1-1-15 .)
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Section 99. Effective date. This Act takes effect January | ||
1, 2017. |