SB 2601 — LANDLORD/TENANT-FLOOD DISCLOSE
Last action — Public Act . . . . . . . . . 103-0754
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced October 18, 2023. Enacted.
Signed by Governor JB Pritzker (Democratic) on August 02, 2024.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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6 sponsors
2 primary, 4 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (4 D).
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Cleared a recorded vote
Passed 4 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Summary
Amends the Landlord and Tenant Act. Requires every landlord to clearly disclose to each of the landlord's tenants in writing prior to signing the lease for the rental property that a rental property is located in the Federal Emergency Management Agency (FEMA) Special Flood Hazard Area and if the landlord has actual knowledge that the rental property or any portion of the parking areas of the real property containing the rental property has been subjected to flooding and the frequency of such flooding. Provides that if a landlord fails to comply with such provision and the tenant subsequently becomes aware that the property is located in the FEMA Special Flood Hazard Area the tenant may terminate the lease by giving written notice of termination to the landlord no later than the 30th day after the flood occurred, and the landlord shall return all rent and fees paid in advance no later than the 15th day after the tenant gave notice. Requires every landlord who leases a lower-level unit to clearly disclose to each of the landlord's lower-level unit tenants in writing prior to the signing of the lease for the lower-level unit if the lower-level unit or any portion of the real property containing the lower-level unit has experienced flooding in the last 10 years and shall disclose the frequency of such flooding. Provides that if a landlord fails to comply with either of the above provisions and flooding occurs that results in damage to the tenant's personal property, affects the habitability of the leased property, or affects the tenant's access to the leased property, the tenant may: (1) terminate the lease by giving written notice to the landlord no later than the 30th day after the flood occurred and the landlord shall return all rent and fees paid in advance no later than the 15th day after the tenant gave notice; and (2) bring an action against the landlord of the property to recover damages for personal property lost or damaged as a result of flooding. Provides a sample written disclosure.
Bill Text
What changed in the latest version
5 added · 5 removedPlain-language change summary
The latest version of Bill SB 2601 has replaced five specific lines of text with new content. This change indicates an update or correction to the bill's language, which could clarify its intent or improve its effectiveness. It matters because clearer language can lead to better understanding and implementation of the law among those affected.
SB2601 EngrossedEnrolled LRB103 34558 LNS 64393 b AN ACT concerning civil law.
(b) Every landlord shall clearly disclose to each of the landlord's tenants in writing prior to signing the lease for the rental property that a rental property is located in the Federal Emergency Management Agency (FEMA) Special Flood SB2601 EngrossedEnrolled - 2 - LRB103 34558 LNS 64393 b Hazard Area ("100-year floodplain") and if the landlord has actual knowledge that the rental property or any portion of the parking areas of the real property containing the rental property has been subjected to flooding and the frequency of such flooding.
The Federal Emergency Management Agency (FEMA) maintains a flood map on its Internet website that is searchable by address, at no SB2601 EngrossedEnrolled - 3 - LRB103 34558 LNS 64393 b cost, to determine if a dwelling is located in a flood hazard area.
(Landlord Signature) (Date)" (e) If a landlord fails to comply with subsection (b), and SB2601 EngrossedEnrolled - 4 - LRB103 34558 LNS 64393 b the tenant subsequently becomes aware that the property is located in the FEMA Special Flood Hazard Area ("100-year floodplain") the tenant may terminate the lease by giving written notice of termination to the landlord no later than the 30th day after a tenant becomes aware of the landlord's failure to comply with subsection (b), and the landlord shall return all rent and fees paid in advance no later than the 15th day after the tenant gave notice.
(f) This Section may not be interpreted to permit the renting, leasing, or subleasing of lower-level units in a SB2601 EngrossedEnrolled - 5 - LRB103 34558 LNS 64393 b municipality if the municipality does not permit the renting, leasing, or subleasing of such units.
Amendments
1 amendmentClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Public Act . . . . . . . . . 103-0754
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Effective Date January 1, 2025
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Governor Approved
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Sent to the Governor
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Added as Co-Sponsor Sen. Robert Peters
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Passed Both Houses
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Third Reading - Short Debate - Passed 070-039-000
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Added Alternate Co-Sponsor Rep. Edgar González, Jr.
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Added Alternate Co-Sponsor Rep. Elizabeth "Lisa" Hernandez
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Placed on Calendar Order of 3rd Reading - Short Debate
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Second Reading - Short Debate
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Placed on Calendar 2nd Reading - Short Debate
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Do Pass / Short Debate Housing; 011-006-000
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Assigned to Housing
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Referred to Rules Committee
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First Reading
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Chief House Sponsor Rep. Abdelnasser Rashid
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Added as Co-Sponsor Sen. Mary Edly-Allen
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Arrived in House
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Third Reading - Passed; 057-001-000
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Placed on Calendar Order of 3rd Reading March 20, 2024
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Second Reading
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Placed on Calendar Order of 2nd Reading March 14, 2024
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Do Pass as Amended Judiciary; 007-000-000
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Senate Committee Amendment No. 1 Adopted
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Senate Committee Amendment No. 1 Assignments Refers to Judiciary
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Postponed - Judiciary
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Senate Committee Amendment No. 1 Referred to Assignments
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Senate Committee Amendment No. 1 Filed with Secretary by Sen. Mike Porfirio
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Assigned to Judiciary
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Referred to Assignments
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First Reading
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Filed with Secretary by Sen. Mike Porfirio
Sponsors
- Lisa Hernandez · Cosponsor
- Mike Porfirio · Primary
- Mary Edly-Allen · Cosponsor
- Robert Peters · Cosponsor
- Abdelnasser Rashid · Primary
- Edgar González and Jr. · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →2 sponsors · 4 co-sponsors · 177 not signed on · 37 voted No
Sponsors (2)
- Mike Porfirio Democrat
- Abdelnasser Rashid Democrat
Co-sponsors (4)
- Hernandez, Lisa
- Mary Edly-Allen Democrat
- Robert Peters Democrat
- Edgar González and Jr.
Not signed on (177)
177 members have not signed on to this bill.
Show all 177 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 59 | 0 | 0 | 5 |
| Unaffiliated | 10 | 4 | 0 | 2 |
| Republican | 1 | 35 | 0 | 1 |
| Total | 70 | 39 | 0 | 8 |
| % of votes cast | 60% | 33% | 0% | 7% |
How each member voted (117)
| Member | Party | Vote |
|---|---|---|
| Nichols | — | Yea |
| Ortiz | — | Yea |
| Burke | — | Yea |
| Caulkins | — | Nay |
| Frese | — | Nay |
| Yednock | — | Nay |
| Flowers | — | Not Voting |
| Costa Howard | — | Yea |
| Du Buclet | — | Yea |
| Faver Dias | — | Yea |
| Hernandez, Lisa | — | Yea |
| Katz Muhl | — | Yea |
| La Ha | — | Nay |
| Ladisch Douglass | — | Not Voting |
| Williams, Jawaharial | — | Yea |
| Yang Rohr | — | Yea |
| Abdelnasser Rashid | Democrat | Yea |
| Angelica Guerrero-Cuellar | Democrat | Not Voting |
| Ann M. Williams | Democrat | Yea |
| Anna Moeller | Democrat | Yea |
| Anne Stava | Democrat | Yea |
| Anthony DeLuca | Democrat | Yea |
| Barbara Hernandez | Democrat | Yea |
| Bob Morgan | Democrat | Yea |
| Camille Y. Lilly | Democrat | Yea |
| Carol Ammons | Democrat | Not Voting |
| Curtis J. Tarver, II | Democrat | Yea |
| Dagmara Avelar | Democrat | Yea |
| Daniel Didech | Democrat | Yea |
| Dave Vella | Democrat | Yea |
| Debbie Meyers-Martin | Democrat | Yea |
| Diane Blair-Sherlock | Democrat | Yea |
| Edgar González, Jr. | Democrat | Yea |
| Emanuel "Chris" Welch | Democrat | Yea |
| Eva-Dina Delgado | Democrat | Yea |
| Fred Crespo | Democrat | Yea |
| Gregg Johnson | Democrat | Yea |
| Harry Benton | Democrat | Yea |
| Hoan Huynh | Democrat | Not Voting |
| Jaime M. Andrade, Jr. | Democrat | Yea |
| Jay Hoffman | Democrat | Yea |
| Jehan Gordon-Booth | Democrat | Yea |
| Jennifer Gong-Gershowitz | Democrat | Yea |
| Joyce Mason | Democrat | Yea |
| Justin Slaughter | Democrat | Yea |
| Kam Buckner | Democrat | Yea |
| Katie Stuart | Democrat | Yea |
| Kelly M. Cassidy | Democrat | Yea |
| Kevin John Olickal | Democrat | Yea |
| La Shawn K. Ford | Democrat | Yea |
| Lawrence "Larry" Walsh, Jr. | Democrat | Yea |
| Lilian Jiménez | Democrat | Not Voting |
| Lindsey LaPointe | Democrat | Yea |
| Marcus C. Evans, Jr. | Democrat | Yea |
| Margaret Croke | Democrat | Yea |
| Martin J. Moylan | Democrat | Yea |
| Mary Beth Canty | Democrat | Yea |
| Mary Gill | Democrat | Yea |
| Matt Hanson | Democrat | Yea |
| Maura Hirschauer | Democrat | Yea |
| Maurice A. West, II | Democrat | Yea |
| Michael J. Kelly | Democrat | Yea |
| Michelle Mussman | Democrat | Yea |
| Nabeela Syed | Democrat | Yea |
| Natalie A. Manley | Democrat | Yea |
| Nicholas K. Smith | Democrat | Yea |
| Norma Hernandez | Democrat | Yea |
| Rita Mayfield | Democrat | Yea |
| Robert "Bob" Rita | Democrat | Yea |
| Robyn Gabel | Democrat | Yea |
| Sharon Chung | Democrat | Yea |
| Sonya M. Harper | Democrat | Yea |
| Stephanie A. Kifowit | Democrat | Yea |
| Sue Scherer | Democrat | Not Voting |
| Suzanne M. Ness | Democrat | Yea |
| Thaddeus Jones | Democrat | Yea |
| Theresa Mah | Democrat | Yea |
| Will Guzzardi | Democrat | Yea |
| William "Will" Davis | Democrat | Yea |
| Yolonda Morris | Democrat | Yea |
| Adam M. Niemerg | Republican | Nay |
| Amy Elik | Republican | Nay |
| Amy L. Grant | Republican | Nay |
| Blaine Wilhour | Republican | Nay |
| Brad Halbrook | Republican | Nay |
| Brad Stephens | Republican | Nay |
| Bradley Fritts | Republican | Nay |
| Brandun Schweizer | Republican | Nay |
| Charles Meier | Republican | Nay |
| Chris Miller | Republican | Nay |
| Christopher "C.D." Davidsmeyer | Republican | Nay |
| Dan Swanson | Republican | Nay |
| Daniel J. Ugaste | Republican | Nay |
| Dave Severin | Republican | Nay |
| David Friess | Republican | Nay |
| Dennis Tipsword | Republican | Nay |
| Jackie Haas | Republican | Nay |
| Jason R. Bunting | Republican | Nay |
| Jed Davis | Republican | Nay |
| Jeff Keicher | Republican | Nay |
| Jennifer Sanalitro | Republican | Nay |
| Joe C. Sosnowski | Republican | Nay |
| John M. Cabello | Republican | Nay |
| Kevin Schmidt | Republican | Yea |
| Martin McLaughlin | Republican | Nay |
| Michael J. Coffey, Jr. | Republican | Nay |
| Norine K. Hammond | Republican | Nay |
| Patrick Sheehan | Republican | Nay |
| Patrick Windhorst | Republican | Nay |
| Paul Jacobs | Republican | Nay |
| Ryan Spain | Republican | Nay |
| Steven Reick | Republican | Nay |
| Tom Weber | Republican | Nay |
| Tony M. McCombie | Republican | Nay |
| Travis Weaver | Republican | Nay |
| Wayne A. Rosenthal | Republican | Nay |
| William E Hauter | Republican | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 11 | 0 | 0 | 1 |
| Republican | 0 | 6 | 0 | 0 |
| Total | 11 | 6 | 0 | 1 |
| % of votes cast | 61% | 33% | 0% | 6% |
How each member voted (18)
| Member | Party | Vote |
|---|---|---|
| Abdelnasser Rashid | Democrat | Yea |
| Barbara Hernandez | Democrat | Not Voting |
| Hoan Huynh | Democrat | Yea |
| Kelly M. Cassidy | Democrat | Yea |
| Lilian Jiménez | Democrat | Yea |
| Mary Beth Canty | Democrat | Yea |
| Maura Hirschauer | Democrat | Yea |
| Maurice A. West, II | Democrat | Yea |
| Michelle Mussman | Democrat | Yea |
| Will Guzzardi | Democrat | Yea |
| William "Will" Davis | Democrat | Yea |
| Yolonda Morris | Democrat | Yea |
| Amy L. Grant | Republican | Nay |
| Brad Halbrook | Republican | Nay |
| Chris Miller | Republican | Nay |
| Jennifer Sanalitro | Republican | Nay |
| Michael J. Coffey, Jr. | Republican | Nay |
| Travis Weaver | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 34 | 0 | 0 | 0 |
| Republican | 15 | 1 | 0 | 1 |
| Unaffiliated | 8 | 0 | 0 | 0 |
| Total | 57 | 1 | 0 | 1 |
| % of votes cast | 97% | 2% | 0% | 2% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Stoller | — | Yea |
| Gillespie | — | Yea |
| Bennett | — | Yea |
| Toro | — | Yea |
| Harris, N. | — | Yea |
| Simmons | — | Yea |
| Glowiak Hilton | — | Yea |
| Loughran Cappel | — | Yea |
| Bill Cunningham | Democrat | Yea |
| Celina Villanueva | Democrat | Yea |
| Christopher Belt | Democrat | Yea |
| Cristina Castro | Democrat | Yea |
| David Koehler | Democrat | Yea |
| Don Harmon | Democrat | Yea |
| Doris Turner | Democrat | Yea |
| Elgie R. Sims, Jr. | Democrat | Yea |
| Emil Jones, III | Democrat | Yea |
| Gregg Johnson | Democrat | Yea |
| Javier L. Cervantes | Democrat | Yea |
| Julie A. Morrison | Democrat | Yea |
| Karina Villa | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Laura Ellman | Democrat | Yea |
| Laura Fine | Democrat | Yea |
| Laura M. Murphy | Democrat | Yea |
| Linda Holmes | Democrat | Yea |
| Mary Edly-Allen | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Michael E. Hastings | Democrat | Yea |
| Michael W. Halpin | Democrat | Yea |
| Mike Porfirio | Democrat | Yea |
| Omar Aquino | Democrat | Yea |
| Patrick J. Joyce | Democrat | Yea |
| Paul Faraci | Democrat | Yea |
| Rachel Ventura | Democrat | Yea |
| Ram Villivalam | Democrat | Yea |
| Robert F. Martwick | Democrat | Yea |
| Robert Peters | Democrat | Yea |
| Sara Feigenholtz | Democrat | Yea |
| Steve Stadelman | Democrat | Yea |
| Willie Preston | Democrat | Yea |
| Andrew S. Chesney | Republican | Nay |
| Chapin Rose | Republican | Yea |
| Craig Wilcox | Republican | Yea |
| Dale Fowler | Republican | Yea |
| Dan McConchie | Republican | Yea |
| Dave Syverson | Republican | Yea |
| Donald P. DeWitte | Republican | Yea |
| Erica Harriss | Republican | Yea |
| Jason Plummer | Republican | Yea |
| Jil Tracy | Republican | Not Voting |
| John F. Curran | Republican | Yea |
| Neil Anderson | Republican | Yea |
| Sally J. Turner | Republican | Yea |
| Seth Lewis | Republican | Yea |
| Steve McClure | Republican | Yea |
| Sue Rezin | Republican | Yea |
| Terri Bryant | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 1 | 0 | 0 | 0 |
| Republican | 2 | 0 | 0 | 1 |
| Democrat | 4 | 0 | 0 | 1 |
| Total | 7 | 0 | 0 | 2 |
| % of votes cast | 78% | 0% | 0% | 22% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Gillespie, Ann | — | Yea |
| Don Harmon | Democrat | Not Voting |
| Elgie R. Sims, Jr. | Democrat | Yea |
| Michael E. Hastings | Democrat | Yea |
| Michael W. Halpin | Democrat | Yea |
| Robert F. Martwick | Democrat | Yea |
| Chapin Rose | Republican | Not Voting |
| Jil Tracy | Republican | Yea |
| John F. Curran | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 2601 do?
- Amends the Landlord and Tenant Act. Requires every landlord to clearly disclose to each of the landlord's tenants in writing prior to signing the lease for the rental property that a rental property is located in the Federal Emergency Management Agency (FEMA) Special Flood Hazard Area and if the landlord has actual knowledge that the rental property or any portion of the parking areas of the real property containing the rental property has been subjected to flooding and the frequency of such flooding. Provides that if a landlord fails to comply with such provision and the tenant subsequently becomes aware that the property is located in the FEMA Special Flood Hazard Area the tenant may terminate the lease by giving written notice of termination to the landlord no later than the 30th day after the flood occurred, and the landlord shall return all rent and fees paid in advance no later than the 15th day after the tenant gave notice. Requires every landlord who leases a lower-level unit to clearly disclose to each of the landlord's lower-level unit tenants in writing prior to the signing of the lease for the lower-level unit if the lower-level unit or any portion of the real property containing the lower-level unit has experienced flooding in the last 10 years and shall disclose the frequency of such flooding. Provides that if a landlord fails to comply with either of the above provisions and flooding occurs that results in damage to the tenant's personal property, affects the habitability of the leased property, or affects the tenant's access to the leased property, the tenant may: (1) terminate the lease by giving written notice to the landlord no later than the 30th day after the flood occurred and the landlord shall return all rent and fees paid in advance no later than the 15th day after the tenant gave notice; and (2) bring an action against the landlord of the property to recover damages for personal property lost or damaged as a result of flooding. Provides a sample written disclosure.
- Who sponsors SB 2601?
- SB 2601 is sponsored by Hernandez, Lisa, Mike Porfirio (Democrat), Mary Edly-Allen (Democrat), Robert Peters (Democrat), Abdelnasser Rashid (Democrat), and Edgar González and Jr..
- What is the current status of SB 2601?
- This bill has been enacted into law. Introduced October 18, 2023. Enacted.
- Where can I track SB 2601?
- Track SB 2601 free on One Click Politics — get push/email alerts when it moves.
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