HB5170 95TH GENERAL ASSEMBLY

LRB095 17845 AJO 43924 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB5170

Introduced , by Rep. Harry Osterman

SYNOPSIS AS INTRODUCED:

New Act

Creates the Relocation Assistance Act. Provides that if a governmental entity notifies a landlord that a dwelling unit will be condemned or will be unlawful to occupy due to conditions that violate applicable codes, statutes, or ordinances, a landlord shall pay relocation assistance to a displaced tenant, unless the condemnation action or no occupancy order results from a natural disaster, a tenant's illegal conduct, or eminent domain. Provides that the landlord shall pay relocation assistance to a displaced tenant of $2,000 per dwelling unit or 3 times the monthly rent, whichever is greater, plus the deposit, interest, and prepaid rent by certified check within 7 days after the governmental entity sent the notice to the landlord. Provides that if the landlord fails to timely complete these payments, a municipality or a county may advance the payments to a displaced tenant and assess a civil penalty of $50 per day against the landlord for each tenant to whom the municipality or county advanced a payment. Provides that the municipality or county may sue to recover the assistance paid, interest, penalties, attorney's fees, and costs. Provides that in an action against a landlord to recover unpaid obligations, a displaced tenant shall recover costs and attorney's fees. Effective immediately.

A BILL FOR

AN ACT in relation to civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Relocation Assistance Act.

Section 5. Relocation assistance. If a municipality or government agency responsible for the enforcement of building, housing, health and safety, or other appropriate codes, statutes, or ordinances, has notified the landlord that a dwelling unit will be condemned or will be unlawful to occupy due to conditions that violate applicable codes, statutes, or ordinances, a landlord shall pay relocation assistance to the displaced tenants of the dwelling unit.

Section 10. Exceptions to relocation assistance. A landlord is not required to pay relocation assistance to a displaced tenant if the condemnation action or no occupancy order directly results from conditions arising from a natural disaster, conditions caused by a tenant's illegal conduct without the landlord's prior knowledge, or the acquisition of the property by eminent domain.

Section 15. Relocation assistance; timing and form of payment.

(a) Relocation assistance provided to a displaced tenant under this Act shall be $2,000 per dwelling unit or 3 times the monthly rent, whichever is greater. In addition to relocation assistance, the landlord shall pay to a displaced tenant the entire amount of any deposit paid by the tenant, any interest due on the security deposit, and all prepaid rent.

(b) The landlord shall pay relocation assistance and any paid security deposit, any interest due on the security deposit, and any prepaid rent to a displaced tenant within 7 days after the landlord receives notice from the governmental agency under Section 5. The landlord shall pay relocation assistance and any prepaid deposit and prepaid rent either by making individual payments by certified check to a displaced tenant or by providing a certified check to the governmental agency or municipality for distribution to a displaced tenant.

Section 20. Local government action.

(a) If a landlord fails to complete payment of relocation assistance as required under Section 15, a municipality or county in which the dwelling unit is located may advance the cost of the relocation assistance to a displaced tenant.

(b) If a municipality or county advances the cost of relocation assistance funds to a displaced tenant and a landlord fails to repay the amount of relocation assistance advanced by the municipality or county, the municipality or county shall assess a civil penalty against the landlord in the amount of $50 per day for each tenant to whom the municipality or county has advanced a relocation assistance payment. In addition, interest shall accrue on the amount of relocation assistance paid by the municipality or county for which the landlord has not reimbursed the municipality or county.

(c) If a municipality or county must initiate legal action to recover the amount of relocation assistance payments that it has advanced to a tenant, including any interest and penalties under this Section, a municipality or county is entitled to attorney's fees and costs arising from its legal action.

Section 25. Tenant recovery. In any action brought by a displaced tenant to recover any payments or damages required or authorized by this Act that are not paid by the landlord or advanced by a municipality or county, the displaced tenant is also entitled to recover the tenant's costs of suit and reasonable attorney's fees.

Section 99. Effective date. This Act takes effect upon becoming law.