Sen. Mike Porfirio
Filed: 3/5/2024
 
 

 
 

 
10300SB2602sam001LRB103 34559 JRC 69979 a

1
AMENDMENT TO SENATE BILL 2602 

2    AMENDMENT NO. ______. Amend Senate Bill 2602 by replacing 
3everything after the enacting clause with the following:
 
4    "Section 5. The Landlord and Tenant Act is amended by 
5adding Section 25 as follows:
 
6    (765 ILCS 705/25 new)
7    Sec. 25. Flood insurance required. 
8    (a) As used in this Section:
9    "Flood" and "flooding" mean a general or temporary 
10condition of partial or complete inundation of a dwelling or 
11property caused by: 
12        (1) the overflow of inland or tidal waves; 
13        (2) the unusual and rapid accumulation of runoff or 
14    surface waters from any established water source such as a 
15    river, stream, or drainage ditch; or 
16        (3) rainfall. 
 
 
10300SB2602sam001- 2 -LRB103 34559 JRC 69979 a

1    "Lower-level unit" means any garden level unit, basement 
2level unit, or first floor level unit. 
3    (b) Every landlord who leases a lower-level unit that has 
4flooded at least once in the last 10 years shall maintain flood 
5insurance on the rental property that covers both the building 
6and the contents of the building. 
7    (c) If a landlord fails to maintain flood insurance as 
8required under this Section, and flooding occurs that results 
9in damage to the tenant's personal property, affects the 
10habitability of the leased property, or affects the tenant's 
11access to the leased property, the tenant may: 
12        (1) terminate the lease by giving written notice to 
13    the landlord no later than the 30th day after the flood 
14    occurred and the landlord shall return all rent and fees 
15    paid in advance no later than the 15th day after the tenant 
16    gave notice; and
17        (2) bring an action against the landlord of the 
18    property to recover damages for personal property lost or 
19    damaged as a result of flooding. 
20    (d) Exemptions. This Section does not apply to farm 
21leases, concession leases, and rental properties owned or 
22managed by the Department of Natural Resources. 
23    (e) This Section may not be interpreted to permit the 
24renting, leasing, or subleasing of lower-level units in a 
25municipality if the municipality does not permit the renting, 
26leasing, or subleasing of such units.".