Bill Text: IL HB2911 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the State Finance Act to create the Mold Remediation Registration Fund. Amends the Mold Remediation Registration Act. Provides that the Department of Public Health must (instead of may) adopt rules to implement a program for parties that provide mold inspection and mold remediation services to register with the State. Provides that registered mold inspectors and mold remediation service providers shall meet certain criteria. Provides that the Department must submit emergency rules to the Joint Committee on Administrative Rules to implement the registration of mold inspection and remediation professionals. Provides that the Department may charge a registration fee to cover the costs of administering and enforcing the Act, which shall be deposited into the Mold Remediation Registration Fund. Amends the Residential Real Property Disclosure Act. Defines "toxic mold" and adds to the items in the disclosure list a statement concerning whether the owner is aware of the existence of toxic mold on the property. Amends the Landlord and Tenant Act. Provides that if a landlord of residential real estate knows or has reason to believe that toxic mold is present, the landlord shall provide written disclosure to prospective and current residents of the units affected by the toxic mold. Provides that if toxic mold is discovered, a lessee of residential real estate may terminate a lease without penalty, or, alternatively, withhold payment of rent until the mold is remediated by a registered mold remediation service. Provides that the lessor shall pay for the mold remediation. Makes a corresponding change in the Forcible Entry and Detainer Article of the Code of Civil Procedure.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB2911 Detail]

Download: Illinois-2017-HB2911-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB2911 Introduced , by Rep. Patricia R. Bellock SYNOPSIS AS INTRODUCED:
See Index
Amends the State Finance Act to create the Mold Remediation Registration Fund. Amends the Mold Remediation Registration Act. Provides that the Department of Public Health must (instead of may) adopt rules to implement a program for parties that provide mold inspection and mold remediation services to register with the State. Provides that registered mold inspectors and mold remediation service providers shall meet certain criteria. Provides that the Department must submit emergency rules to the Joint Committee on Administrative Rules to implement the registration of mold inspection and remediation professionals. Provides that the Department may charge a registration fee to cover the costs of administering and enforcing the Act, which shall be deposited into the Mold Remediation Registration Fund. Amends the Residential Real Property Disclosure Act. Defines "toxic mold" and adds to the items in the disclosure list a statement concerning whether the owner is aware of the existence of toxic mold on the property. Amends the Landlord and Tenant Act. Provides that if a landlord of residential real estate knows or has reason to believe that toxic mold is present, the landlord shall provide written disclosure to prospective and current residents of the units affected by the toxic mold. Provides that if toxic mold is discovered, a lessee of residential real estate may terminate a lease without penalty, or, alternatively, withhold payment of rent until the mold is remediated by a registered mold remediation service. Provides that the lessor shall pay for the mold remediation. Makes a corresponding change in the Forcible Entry and Detainer Article of the Code of Civil Procedure.
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FISCAL NOTE ACT MAY APPLY HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Finance Act is amended by adding
Section 5.878 as follows:
(30 ILCS 105/5.878 new)
Sec. 5.878. The Mold Remediation Registration Fund.
Section 10. The Mold Remediation Registration Act is
amended by changing Section 20 as follows:
(410 ILCS 105/20)
Sec. 20. Rules.
(a) The Department must may adopt rules, under the Illinois
Administrative Procedure Act, to implement a program
establishing procedures for parties that provide mold
inspections or mold remediation services to register with the
State and provide evidence of financial responsibility.
(b) The rules implemented under this Section shall provide
that each registered mold inspector:
(1) is prohibited from performing mold inspections or
investigations unless he or she is registered under this
Section; and

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(2) must either:
(i) pass a State test;
(ii) be a Certified Industrial Hygienist certified
by the American Board of Industrial Hygiene; or
(iii) be a Certified Microbial Consultant
certified by the American Indoor Air Quality Council.
(c) The rules implemented under this Section shall provide
that each individual or entity that provides mold remediation
services on residential property is prohibited from performing
mold remediation services unless the individual or entity is
registered under this Section. The rules shall require that the
individual or entity providing mold remediation services meet
industry standards as identified in the rules and shall require
that each person who performs mold remediation services must be
certified by an accreditation body as a microbial remediation
technician or supervisor.
(d) Not later than 3 months after the effective date of
this amendatory Act of the 100th General Assembly, the
Department must submit emergency rules to the Joint Committee
on Administrative Rules under the Illinois Administrative
Procedure Act to implement the registration of mold remediation
professionals. The Department may charge a registration fee to
cover the costs of administering and enforcing this Act. The
Mold Remediation Registration Fund is established as a special
fund in the State treasury. Moneys collected for registration
of persons under this Section shall be deposited into the Fund

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and used for the purpose of administering and enforcing this
Act.
(Source: P.A. 95-456, eff. 1-1-08.)
Section 15. The Code of Civil Procedure is amended by
changing Section 9-102 as follows:
(735 ILCS 5/9-102) (from Ch. 110, par. 9-102)
Sec. 9-102. When action may be maintained.
(a) The person entitled to the possession of lands or
tenements may be restored thereto under any of the following
circumstances:
(1) When a forcible entry is made thereon.
(2) When a peaceable entry is made and the possession
unlawfully withheld.
(3) When entry is made into vacant or unoccupied lands
or tenements without right or title.
(4) When any lessee of the lands or tenements, or any
person holding under such lessee, holds possession without
right after the termination of the lease or tenancy by its
own limitation, condition or terms, or by notice to quit or
otherwise.
(5) When a vendee having obtained possession under a
written or verbal agreement to purchase lands or tenements,
and having failed to comply with the agreement, withholds
possession thereof, after demand in writing by the person

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entitled to such possession; provided, however, that any
such agreement for residential real estate as defined in
the Illinois Mortgage Foreclosure Law entered into on or
after July 1, 1987 where the purchase price is to be paid
in installments over a period in excess of 5 years and the
amount unpaid under the terms of the contract at the time
of the filing of a foreclosure complaint under Article XV,
including principal and due and unpaid interest, is less
than 80% of the original purchase price shall be foreclosed
under the Illinois Mortgage Foreclosure Law.
This amendatory Act of 1993 is declarative of existing
law.
(6) When lands or tenements have been conveyed by any
grantor in possession, or sold under the order or judgment
of any court in this State, or by virtue of any sale in any
mortgage or deed of trust contained and the grantor in
possession or party to such order or judgment or to such
mortgage or deed of trust, after the expiration of the time
of redemption, when redemption is allowed by law, refuses
or neglects to surrender possession thereof, after demand
in writing by the person entitled thereto, or his or her
agent.
(7) When any property is subject to the provisions of
the Condominium Property Act, the owner of a unit fails or
refuses to pay when due his or her proportionate share of
the common expenses of such property, or of any other

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expenses lawfully agreed upon or any unpaid fine, the Board
of Managers or its agents have served the demand set forth
in Section 9-104.1 of this Article in the manner provided
for in that Section and the unit owner has failed to pay
the amount claimed within the time prescribed in the
demand; or if the lessor-owner of a unit fails to comply
with the leasing requirements prescribed by subsection (n)
of Section 18 of the Condominium Property Act or by the
declaration, by-laws, and rules and regulations of the
condominium, or if a lessee of an owner is in breach of any
covenants, rules, regulations, or by-laws of the
condominium, and the Board of Managers or its agents have
served the demand set forth in Section 9-104.2 of this
Article in the manner provided in that Section.
(8) When any property is subject to the provisions of a
declaration establishing a common interest community and
requiring the unit owner to pay regular or special
assessments for the maintenance or repair of common areas
owned in common by all of the owners of the common interest
community or by the community association and maintained
for the use of the unit owners or of any other expenses of
the association lawfully agreed upon, and the unit owner
fails or refuses to pay when due his or her proportionate
share of such assessments or expenses and the board or its
agents have served the demand set forth in Section 9-104.1
of this Article in the manner provided for in that Section

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and the unit owner has failed to pay the amount claimed
within the time prescribed in the demand.
(b) The provisions of paragraph (8) of subsection (a) of
Section 9-102 and Section 9-104.3 of this Act shall not apply
to any common interest community unless (1) the association is
a not-for-profit corporation or a limited liability company,
(2) unit owners are authorized to attend meetings of the board
of directors or board of managers of the association in the
same manner as provided for condominiums under the Condominium
Property Act, and (3) the board of managers or board of
directors of the common interest community association has,
subsequent to the effective date of this amendatory Act of 1984
voted to have the provisions of this Article apply to such
association and has delivered or mailed notice of such action
to the unit owners or unless the declaration of the association
is recorded after the effective date of this amendatory Act of
1985.
(c) For purposes of this Article:
(1) "Common interest community" means real estate
other than a condominium or cooperative with respect to
which any person by virtue of his or her ownership of a
partial interest or unit therein is obligated to pay for
maintenance, improvement, insurance premiums, or real
estate taxes of other real estate described in a
declaration which is administered by an association.
(2) "Declaration" means any duly recorded instruments,

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however designated, that have created a common interest
community and any duly recorded amendments to those
instruments.
(3) "Unit" means a physical portion of the common
interest community designated by separate ownership or
occupancy by boundaries which are described in a
declaration.
(4) "Unit owners' association" or "association" means
the association of all owners of units in the common
interest community acting pursuant to the declaration.
(d) If the board of a common interest community elects to
have the provisions of this Article apply to such association
or the declaration of the association is recorded after the
effective date of this amendatory Act of 1985, the provisions
of subsections (c) through (h) of Section 18.5 of the
Condominium Property Act applicable to a Master Association and
condominium unit subject to such association under subsections
(c) through (h) of Section 18.5 shall be applicable to the
community associations and to its unit owners.
(e) The right to recover possession or rent under this
Article is limited as provided in Section 17 of the Landlord
and Tenant Act.
(Source: P.A. 99-41, eff. 7-14-15.)
Section 20. The Residential Real Property Disclosure Act is
amended by changing Sections 5 and 35 as follows:

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(765 ILCS 77/5)
Sec. 5. Definitions. As used in this Act, unless the
context otherwise requires, the following terms have the
meaning given in this Section.
"Residential real property" means real property improved
with not less than one nor more than 4 residential dwelling
units; units in residential cooperatives; or, condominium
units, including the limited common elements allocated to the
exclusive use thereof that form an integral part of the
condominium unit. The term includes a manufactured home as
defined in subdivision (53) of Section 9-102 of the Uniform
Commercial Code that is real property as defined in the
Conveyance and Encumbrance of Manufactured Homes as Real
Property and Severance Act.
"Seller" means every person or entity who is an owner,
beneficiary of a trust, contract purchaser or lessee of a
ground lease, who has an interest (legal or equitable) in
residential real property. However, "seller" shall not include
any person who has both (i) never occupied the residential real
property and (ii) never had the management responsibility for
the residential real property nor delegated such
responsibility for the residential real property to another
person or entity.
"Prospective buyer" means any person or entity negotiating
or offering to become an owner or lessee of residential real

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property by means of a transfer for value to which this Act
applies.
"Toxic mold" means stachybotrys chartarum, penicillium,
aspergillus, or any other mold that excretes a significant
amount of toxic compounds called mycotoxins and that has a
tendency to produce severe adverse health effects.
(Source: P.A. 98-749, eff. 7-16-14; 99-78, eff. 7-20-15.)
(765 ILCS 77/35)
Sec. 35. Disclosure report form. The disclosures required
of a seller by this Act shall be made in the following form:
RESIDENTIAL REAL PROPERTY DISCLOSURE REPORT
NOTICE: THE PURPOSE OF THIS REPORT IS TO PROVIDE
PROSPECTIVE BUYERS WITH INFORMATION ABOUT MATERIAL DEFECTS IN
THE RESIDENTIAL REAL PROPERTY. THIS REPORT DOES NOT LIMIT THE
PARTIES' RIGHT TO CONTRACT FOR THE SALE OF RESIDENTIAL REAL
PROPERTY IN "AS IS" CONDITION. UNDER COMMON LAW, SELLERS WHO
DISCLOSE MATERIAL DEFECTS MAY BE UNDER A CONTINUING OBLIGATION
TO ADVISE THE PROSPECTIVE BUYERS ABOUT THE CONDITION OF THE
RESIDENTIAL REAL PROPERTY EVEN AFTER THE REPORT IS DELIVERED TO
THE PROSPECTIVE BUYER. COMPLETION OF THIS REPORT BY THE SELLER
CREATES LEGAL OBLIGATIONS ON THE SELLER; THEREFORE THE SELLER
MAY WISH TO CONSULT AN ATTORNEY PRIOR TO COMPLETION OF THIS
REPORT.
Property Address: ...........................................
City, State & Zip Code: .....................................

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Seller's Name: ..............................................
This Report is a disclosure of certain conditions of the
residential real property listed above in compliance with the
Residential Real Property Disclosure Act. This information is
provided as of ...(month) ...(day) ...(year), and does not
reflect any changes made or occurring after that date or
information that becomes known to the seller after that date.
The disclosures herein shall not be deemed warranties of any
kind by the seller or any person representing any party in this
transaction.
In this form, "am aware" means to have actual notice or
actual knowledge without any specific investigation or
inquiry. In this form, "material defect" means a condition that
would have a substantial adverse effect on the value of the
residential real property or that would significantly impair
the health or safety of future occupants of the residential
real property unless the seller reasonably believes that the
condition has been corrected.
The seller discloses the following information with the
knowledge that even though the statements herein are not deemed
to be warranties, prospective buyers may choose to rely on this
information in deciding whether or not and on what terms to
purchase the residential real property.
The seller represents that to the best of his or her actual
knowledge, the following statements have been accurately noted
as "yes" (correct), "no" (incorrect), or "not applicable" to

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the property being sold. If the seller indicates that the
response to any statement, except number 1, is yes or not
applicable, the seller shall provide an explanation, in the
additional information area of this form.
YES NO N/A
1. ..... ..... ..... Seller has occupied the property
within the last 12 months.
(No explanation is needed.)
2. ..... ..... ..... I am aware of flooding or recurring
leakage problems in the crawl
space or basement.
3. ..... ..... ..... I am aware that the property is
located in a flood plain or that I
currently have flood hazard
insurance on the property.
4. ..... ..... ..... I am aware of material defects in
the basement or foundation
(including cracks and bulges).
5. ..... ..... ..... I am aware of leaks or material
defects in the roof, ceilings, or
chimney.
6. ..... ..... ..... I am aware of material defects in
the walls, windows, doors, or floors.
7. ..... ..... ..... I am aware of material defects in
the electrical system.
8. ..... ..... ..... I am aware of material defects in

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the plumbing system (includes
such things as water heater, sump
pump, water treatment system,
sprinkler system, and swimming
pool).
9. ..... ..... ..... I am aware of material defects in
the well or well equipment.
10. ..... ..... ..... I am aware of unsafe conditions in
the drinking water.
11. ..... ..... ..... I am aware of material defects in
the heating, air conditioning, or
ventilating systems.
12. ..... ..... ..... I am aware of material defects in
the fireplace or woodburning
stove.
13. ..... ..... ..... I am aware of material defects in
the septic, sanitary sewer, or
other disposal system.
14. ..... ..... ..... I am aware of unsafe concentrations
of radon on the premises.
15. ..... ..... ..... I am aware of unsafe concentrations
of or unsafe conditions relating
to asbestos on the premises.
16. ..... ..... ..... I am aware of unsafe concentrations
of or unsafe conditions relating
to lead paint, lead water pipes,

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lead plumbing pipes or lead in
the soil on the premises.
17. ..... ..... ..... I am aware of mine subsidence,
underground pits, settlement,
sliding, upheaval, or other earth
stability defects on the
premises.
18. ..... ..... ..... I am aware of current infestations
of termites or other wood boring
insects.
19. ..... ..... ..... I am aware of a structural defect
caused by previous infestations
of termites or other wood boring
insects.
20. ..... ..... ..... I am aware of underground fuel
storage tanks on the property.
21. ..... ..... ..... I am aware of boundary or lot line
disputes.
22. ..... ..... ..... I have received notice of violation
of local, state or federal laws
or regulations relating to this
property, which violation has not
been corrected.
23. ..... ..... ..... I am aware that this property has
been used for the manufacture
of methamphetamine as

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defined in Section 10 of
the Methamphetamine Control
and Community Protection Act.
24. ..... ..... ..... I am aware of the presence of
toxic mold.
Note: These disclosures are not intended to cover the
common elements of a condominium, but only the actual
residential real property including limited common elements
allocated to the exclusive use thereof that form an integral
part of the condominium unit.
Note: These disclosures are intended to reflect the current
condition of the premises and do not include previous problems,
if any, that the seller reasonably believes have been
corrected.
If any of the above are marked "not applicable" or "yes",
please explain here or use additional pages, if necessary:
.............................................................
.............................................................
.............................................................
Check here if additional pages used: .....
Seller certifies that seller has prepared this statement
and certifies that the information provided is based on the
actual notice or actual knowledge of the seller without any
specific investigation or inquiry on the part of the seller.
The seller hereby authorizes any person representing any
principal in this transaction to provide a copy of this report,

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and to disclose any information in the report, to any person in
connection with any actual or anticipated sale of the property.
Seller: ............................... Date: ...............
Seller: ............................... Date: ...............
THE PROSPECTIVE BUYER IS AWARE THAT THE PARTIES MAY CHOOSE
TO NEGOTIATE AN AGREEMENT FOR THE SALE OF THE PROPERTY SUBJECT
TO ANY OR ALL MATERIAL DEFECTS DISCLOSED IN THIS REPORT ("AS
IS"). THIS DISCLOSURE IS NOT A SUBSTITUTE FOR ANY INSPECTIONS
OR WARRANTIES THAT THE PROSPECTIVE BUYER OR SELLER MAY WISH TO
OBTAIN OR NEGOTIATE. THE FACT THAT THE SELLER IS NOT AWARE OF A
PARTICULAR CONDITION OR PROBLEM IS NO GUARANTEE THAT IT DOES
NOT EXIST. THE PROSPECTIVE BUYER IS AWARE THAT HE MAY REQUEST
AN INSPECTION OF THE PREMISES PERFORMED BY A QUALIFIED
PROFESSIONAL.
Prospective Buyer: .................. Date: ...... Time: ....
Prospective Buyer: .................. Date: ...... Time: ....
(Source: P.A. 98-754, eff. 1-1-15.)
Section 25. The Landlord and Tenant Act is amended by
adding Section 17 as follows:
(765 ILCS 705/17 new)
Sec. 17. Toxic mold.
(a) If a landlord of residential real estate knows or has
reason to believe that toxic mold is present, the landlord
shall provide written disclosure to prospective and current

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residents of the units affected by the toxic mold.
(b) If toxic mold is discovered, a lessee of residential
real estate may terminate a lease without penalty, or,
alternatively, withhold payment of rent until the mold is
remediated by a registered mold remediation service. The lessor
shall pay for the mold remediation.
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INDEX
Statutes amended in order of appearance