Bill Text: IL HB2562 | 2023-2024 | 103rd General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Common Interest Community Association Act, the Condominium Property Act, and the Landlord and Tenant Act. Provides that when a common interest community building, condominium building, or residential rental property has a cooling system or heating system or both serving the entire building or premises, including individual units, the common interest community association, unit owner's association, or landlord shall comply with specified standards with respect to the individual units in which people or tenants live during the cooling and heating seasons. Provides that when a building or premises does not have a building-wide or premises-wide cooling system that serves individual units, then the association or landlord shall provide at least one indoor common gathering space for which a cooling system operates when the heat index exceeds 80 degrees Fahrenheit, and all occupants or tenants of the building or premises shall have free access to that cooled space. Provides that the provisions only apply to associations in which the initial declaration limits ownership, rental, or occupancy of a unit to a person 55 years of age or older, or to residential rental property in which rental or occupancy is limited to persons 55 years of age or older.
Spectrum: Strong Partisan Bill (Democrat 31-2)
Status: (Passed) 2023-06-30 - Public Act . . . . . . . . . 103-0161 [HB2562 Detail]
Download: Illinois-2023-HB2562-Introduced.html
Bill Title: Amends the Common Interest Community Association Act, the Condominium Property Act, and the Landlord and Tenant Act. Provides that when a common interest community building, condominium building, or residential rental property has a cooling system or heating system or both serving the entire building or premises, including individual units, the common interest community association, unit owner's association, or landlord shall comply with specified standards with respect to the individual units in which people or tenants live during the cooling and heating seasons. Provides that when a building or premises does not have a building-wide or premises-wide cooling system that serves individual units, then the association or landlord shall provide at least one indoor common gathering space for which a cooling system operates when the heat index exceeds 80 degrees Fahrenheit, and all occupants or tenants of the building or premises shall have free access to that cooled space. Provides that the provisions only apply to associations in which the initial declaration limits ownership, rental, or occupancy of a unit to a person 55 years of age or older, or to residential rental property in which rental or occupancy is limited to persons 55 years of age or older.
Spectrum: Strong Partisan Bill (Democrat 31-2)
Status: (Passed) 2023-06-30 - Public Act . . . . . . . . . 103-0161 [HB2562 Detail]
Download: Illinois-2023-HB2562-Introduced.html
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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Common Interest Community Association Act | |||||||||||||||||||||||
5 | is amended by adding Section 1-71 as follows:
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6 | (765 ILCS 160/1-71 new) | |||||||||||||||||||||||
7 | Sec. 1-71. Temperature threshold requirement. | |||||||||||||||||||||||
8 | (a) An association shall keep the temperature of all | |||||||||||||||||||||||
9 | common areas between 67 and 73 degrees. If a unit owner does | |||||||||||||||||||||||
10 | not have control of temperature settings in the unit owner's | |||||||||||||||||||||||
11 | living area, the association shall keep the temperature of all | |||||||||||||||||||||||
12 | living areas between 67 and 73 degrees. | |||||||||||||||||||||||
13 | (b) This Section applies only to property where: (1) 75% | |||||||||||||||||||||||
14 | of the unit owners are 65 years of age or older if the property | |||||||||||||||||||||||
15 | has 25 units or less; or (2) 50% of the unit owners are 65 | |||||||||||||||||||||||
16 | years of age or older if the property has 26 units or more. | |||||||||||||||||||||||
17 | (c) If an association violates this Section, a unit owner | |||||||||||||||||||||||
18 | may bring an action for damages, injunctive relief, or other | |||||||||||||||||||||||
19 | appropriate relief. A court may award a prevailing unit owner | |||||||||||||||||||||||
20 | actual damages and reasonable costs and attorney's fees. A | |||||||||||||||||||||||
21 | court may also issue a civil penalty of $750 for each day the | |||||||||||||||||||||||
22 | association violates this Section.
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1 | Section 10. The Condominium Property Act is amended by | ||||||
2 | adding Section 18.11 as follows:
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3 | (765 ILCS 605/18.11 new) | ||||||
4 | Sec. 18.11. Temperature threshold requirement. | ||||||
5 | (a) An association shall keep the temperature of all | ||||||
6 | common areas between 67 and 73 degrees. If a unit owner does | ||||||
7 | not have control of temperature settings in the unit owner's | ||||||
8 | living area, the association shall keep the temperature of all | ||||||
9 | living areas between 67 and 73 degrees. | ||||||
10 | (b) This Section applies only to property where: (1) 75% | ||||||
11 | of the unit owners are 65 years of age or older if the property | ||||||
12 | has 25 units or less; or (2) 50% of the unit owners are 65 | ||||||
13 | years of age or older if the property has 26 units or more. | ||||||
14 | (c) If an association violates this Section, a unit owner | ||||||
15 | may bring an action for damages, injunctive relief, or other | ||||||
16 | appropriate relief. A court may award a prevailing unit owner | ||||||
17 | actual damages and reasonable costs and attorney's fees. A | ||||||
18 | court may also issue a civil penalty of $750 for each day the | ||||||
19 | association violates this Section.
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20 | Section 15. The Landlord and Tenant Act is amended by | ||||||
21 | adding Section 20 as follows:
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22 | (765 ILCS 705/20 new) | ||||||
23 | Sec. 20. Temperature threshold requirement. |
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1 | (a) A landlord shall keep the temperature of all common | ||||||
2 | areas between 67 and 73 degrees. If a tenant does not have | ||||||
3 | control of temperature settings in the tenant's living area, | ||||||
4 | the landlord shall keep the temperature of all living areas | ||||||
5 | between 67 and 73 degrees. | ||||||
6 | (b) This Section applies only to residential premises | ||||||
7 | where: (1) 75% of the tenants are 65 years of age or older if | ||||||
8 | the residential premises has 25 dwelling units or less; or (2) | ||||||
9 | 50% of the tenants are 65 years of age or older if the | ||||||
10 | residential premises has 26 dwelling units or more. | ||||||
11 | (c) If a landlord violates this Section, a tenant may | ||||||
12 | bring an action for damages, injunctive relief, or other | ||||||
13 | appropriate relief. A court may award a prevailing tenant | ||||||
14 | actual damages and reasonable costs and attorney's fees. A | ||||||
15 | court may also issue a civil penalty of $750 for each day the | ||||||
16 | landlord violates this Section.
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