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How much would it cost you to be a rental-housing provider if these become law? Would your investments in rental housing change? You can help Stop bad laws! Make a Contribution to IRPOA-PAC today! LANDLORD TENANT ISSUES 96th GENERAL ASSEMBLY The following are Bills IRPOA has been keeping an eye on this year. See how your public official voted on the following items. To find your state Senator & Representative go to http://www.elections.il.gov/DistrictLocator/SelectSearchType.aspx?NavLink=1 Here are the latest bills we are watching closely: Current bills to watch: Click on bill to go to Illinois General Assembly page for current bill information Bills We Are Fighting
Illinois
Rental Property Owners (IRPOA)
Senate Bill 1894, a bill regarding the licensing of real estate agents, has passed the Illinois House of Representatives with amendments added to address code enforcement issues. IRPOA supports efforts to effectively enforce property standards. The stability of neighborhoods is important to preserve the value of our member's investments. It is also important that policies to enforce property standards provide property owners the opportunity to comply and a means to challenge the legitimacy of the accused violations. The version of SB1894 which the Senate will now consider fails to adequately define violations and ensure due process for property owners whose properties are cited. IRPOA is asking our members and any interested property owners to contact your State Senator and request that our concerns with SB1894 be addressed. 1) The bill in its current version requires "reasonable notice" to a property owner of violations. It does not define what reasonable notice is. It also does not provide a means for a property owner to challenge the validity of the violations or any defined time limits in which the property owner can comply before the municipality takes action. 2) This bill defines any property that is unoccupied for 90 days to be abandoned. This definition is inaccurate. Abandonment of property is predicated on the owner's intent to no longer maintain the property and not whether a person resides there. Factors related to the owners ability to occupy the property, property maintenance, payment of taxes and the existence of utility service must also be considered before a property is labeled as abandoned. 3) Definition of pests is too broad with much of what is included not relevant to public health and safety. 4) Definition of nuisance greenery should also be clearly defined and not left to the judgment of a property standards inspector or a contractor with a financial incentive to maximize the scope of the work performed. In addition, a municipality should not be permitted to force property owners to remove trees infected by disease unless public lands in proximity to the property are also being treated in a similar manner. 5) The provision for removal of garbage also must be clearly defined and must differentiate between waste that the occupant would intend for disposal and items that an occupant is storing on the exterior of the property. Current law prohibits a property owner from removing the possessions of a tenant without a court order. As proposed in SB1894, the property owner could be required to take action that is prohibited by other statute. The conflict between SB1894 and existing law needs to be resolved. Sincerely, New Laws Passed in 2009HB3863 Mortgage Foreclosure - Tenant Notice
Mandates procedures
that new owners of
foreclosed properties must follow with regard
to occupants.
Public Act 96-0111 effective
10/29/09
HB1336 LLC-Member Manager Authority
In a manager-managed
LLC a member is held to specified standards of
conduct to the extent that the member exercises
managerial authority.
Public Act 96-0223 effective 1/1/10
HB 0214 Real Property Disclosure - Meth Labs
Seller must disclose if property has been a used as
a Meth Lab.
Public Act 96-0232 effective 8/11/09
If
you falsely pose as a landlord or landlord's
employee and collect rent you will face felony
charges - ranges from class 3 to class X.
Public Act 96-0496 Effective 1/1/10 New protected class!!! Amendment to Illinois Human Rights Act "Order of protection status" means a person's status as being a person protected under an order of protection issued pursuant to the Illinois Domestic Violence Act of 1986 or an order of protection issued by a court of another state. Public Act 096-0447 Effective 1/1/10 New Laws - Pertaining to Condos HB0688 Condo - Distressed Property
Defines a distressed project and establishes a
mechanism for a municipality to appoint a receiver
and take over. Added to the condominium act.
Effective 1/1/10
HB0155 Condo Right of First Refusal - Buyer Financing
Condo association can't exercise a
right of first refusal based on type of
financing used by the buyer.
Effective 1/1/10
Owners votes don't count towards a Quorum when fees
more than 60 days in arrears.
Effective 1/1/10
More information on all of these bills is available at www.ilga.gov/legislation Legislators information available at www.ilga.gov look under “Legislator Lookup”
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