103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2562 Introduced , by Rep. Hoan Huynh SYNOPSIS AS INTRODUCED: 765 ILCS 160/1-71 new765 ILCS 605/18.11 new765 ILCS 705/20 new Amends the Common Interest Community Association Act, the Condominium Property Act, and the Landlord and Tenant Act. Requires an common interest community association, unit owners' association, and landlord to keep the temperature of all common areas between 67 and 73 degrees, and, if a unit owner or tenant does not have control of temperature settings in the unit owner's or tenant's living area, to keep the temperature of all living areas between 67 and 73 degrees. Provides that the provisions apply only to property or residential premises where: (1) 75% of the unit owners or tenants are 65 years of age or older if the property or residential premises has 25 dwelling units or less; or (2) 50% of the unit owners or tenants are 65 years of age or older if the property residential premises has 26 dwelling units or more. Allows a unit owner or tenant to bring an action for damages, injunctive relief, or other appropriate relief if the association or landlord violates the provisions. Allows a court to grant a prevailing unit owner or tenant actual damages, reasonable costs, and attorney's fees. Allows the court to issue a civil penalty of $750 for each day the association or landlord violates the provisions. LRB103 24796 LNS 51125 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2562 Introduced , by Rep. Hoan Huynh SYNOPSIS AS INTRODUCED: 765 ILCS 160/1-71 new765 ILCS 605/18.11 new765 ILCS 705/20 new 765 ILCS 160/1-71 new 765 ILCS 605/18.11 new 765 ILCS 705/20 new Amends the Common Interest Community Association Act, the Condominium Property Act, and the Landlord and Tenant Act. Requires an common interest community association, unit owners' association, and landlord to keep the temperature of all common areas between 67 and 73 degrees, and, if a unit owner or tenant does not have control of temperature settings in the unit owner's or tenant's living area, to keep the temperature of all living areas between 67 and 73 degrees. Provides that the provisions apply only to property or residential premises where: (1) 75% of the unit owners or tenants are 65 years of age or older if the property or residential premises has 25 dwelling units or less; or (2) 50% of the unit owners or tenants are 65 years of age or older if the property residential premises has 26 dwelling units or more. Allows a unit owner or tenant to bring an action for damages, injunctive relief, or other appropriate relief if the association or landlord violates the provisions. Allows a court to grant a prevailing unit owner or tenant actual damages, reasonable costs, and attorney's fees. Allows the court to issue a civil penalty of $750 for each day the association or landlord violates the provisions. LRB103 24796 LNS 51125 b LRB103 24796 LNS 51125 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2562 Introduced , by Rep. Hoan Huynh SYNOPSIS AS INTRODUCED: 765 ILCS 160/1-71 new765 ILCS 605/18.11 new765 ILCS 705/20 new 765 ILCS 160/1-71 new 765 ILCS 605/18.11 new 765 ILCS 705/20 new 765 ILCS 160/1-71 new 765 ILCS 605/18.11 new 765 ILCS 705/20 new Amends the Common Interest Community Association Act, the Condominium Property Act, and the Landlord and Tenant Act. Requires an common interest community association, unit owners' association, and landlord to keep the temperature of all common areas between 67 and 73 degrees, and, if a unit owner or tenant does not have control of temperature settings in the unit owner's or tenant's living area, to keep the temperature of all living areas between 67 and 73 degrees. Provides that the provisions apply only to property or residential premises where: (1) 75% of the unit owners or tenants are 65 years of age or older if the property or residential premises has 25 dwelling units or less; or (2) 50% of the unit owners or tenants are 65 years of age or older if the property residential premises has 26 dwelling units or more. Allows a unit owner or tenant to bring an action for damages, injunctive relief, or other appropriate relief if the association or landlord violates the provisions. Allows a court to grant a prevailing unit owner or tenant actual damages, reasonable costs, and attorney's fees. Allows the court to issue a civil penalty of $750 for each day the association or landlord violates the provisions. LRB103 24796 LNS 51125 b LRB103 24796 LNS 51125 b LRB103 24796 LNS 51125 b A BILL FOR HB2562LRB103 24796 LNS 51125 b HB2562 LRB103 24796 LNS 51125 b HB2562 LRB103 24796 LNS 51125 b 1 AN ACT concerning civil law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Common Interest Community Association Act 5 is amended by adding Section 1-71 as follows: 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. 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2562 Introduced , by Rep. Hoan Huynh SYNOPSIS AS INTRODUCED: 765 ILCS 160/1-71 new765 ILCS 605/18.11 new765 ILCS 705/20 new 765 ILCS 160/1-71 new 765 ILCS 605/18.11 new 765 ILCS 705/20 new 765 ILCS 160/1-71 new 765 ILCS 605/18.11 new 765 ILCS 705/20 new Amends the Common Interest Community Association Act, the Condominium Property Act, and the Landlord and Tenant Act. Requires an common interest community association, unit owners' association, and landlord to keep the temperature of all common areas between 67 and 73 degrees, and, if a unit owner or tenant does not have control of temperature settings in the unit owner's or tenant's living area, to keep the temperature of all living areas between 67 and 73 degrees. Provides that the provisions apply only to property or residential premises where: (1) 75% of the unit owners or tenants are 65 years of age or older if the property or residential premises has 25 dwelling units or less; or (2) 50% of the unit owners or tenants are 65 years of age or older if the property residential premises has 26 dwelling units or more. Allows a unit owner or tenant to bring an action for damages, injunctive relief, or other appropriate relief if the association or landlord violates the provisions. Allows a court to grant a prevailing unit owner or tenant actual damages, reasonable costs, and attorney's fees. Allows the court to issue a civil penalty of $750 for each day the association or landlord violates the provisions. LRB103 24796 LNS 51125 b LRB103 24796 LNS 51125 b LRB103 24796 LNS 51125 b A BILL FOR 765 ILCS 160/1-71 new 765 ILCS 605/18.11 new 765 ILCS 705/20 new LRB103 24796 LNS 51125 b HB2562 LRB103 24796 LNS 51125 b HB2562- 2 -LRB103 24796 LNS 51125 b HB2562 - 2 - LRB103 24796 LNS 51125 b HB2562 - 2 - LRB103 24796 LNS 51125 b 1 Section 10. The Condominium Property Act is amended by 2 adding Section 18.11 as follows: 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. 20 Section 15. The Landlord and Tenant Act is amended by 21 adding Section 20 as follows: 22 (765 ILCS 705/20 new) 23 Sec. 20. Temperature threshold requirement. HB2562 - 2 - LRB103 24796 LNS 51125 b HB2562- 3 -LRB103 24796 LNS 51125 b HB2562 - 3 - LRB103 24796 LNS 51125 b HB2562 - 3 - LRB103 24796 LNS 51125 b 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. HB2562 - 3 - LRB103 24796 LNS 51125 b