Recent Changes to Illinois Law Affecting Residential Landlords and Property Managers Part 2

In the previous alert, we covered the Illinois Landlord and Tenant Act, along with the Radon Awareness Act and several others. Here we will go over changes to the Electric Vehicle Charging Act and how it could affect the landlord tenant relationship.

It’s important for property managers and owners to stay on top of all the changes taking effect in 2024 as they can create new responsibilities for Chicago-area residential property owners and managers. As with all shifts in responsibility, it’s also important to connect with a professional who can properly assist managers and owners in complying. Clark Hill attorneys are here to provide guidance and insight. 2024 brought several changes that affect Chicago-area residential property owners and property managers as set forth below:

Electric Vehicle Charging Act

The Illinois Electric Vehicle Charging Act (“EV Charging Act”) became effective January 1, 2024 and has two key sections for landlords and developers.  For landlords, the EV Charging Act requires Illinois landlords to permit tenants to install electric vehicle charging equipment under reasonable conditions and requirements. While landlords are not permitted to charge tenants for the placement or use of an electric vehicle charging system, the EV Charging Act does specifically provide for various reimbursements by tenants such that landlords do not face out of pocket costs as well as the right to require a security deposit in connection with the equipment (to cover the cost of restoration of the property upon tenant’s removal of the system).

With respect to new developments, any new single-family home or small multifamily residence (a single residential building that accommodates 2 to 4 families) is required to have at least one (1) “EV-Capable” parking space for each residential unit that has dedicated parking.  Building permits issued 90 days after the effective date of the EV Charging Act shall require new large multifamily residences (a single residential building that accommodates 5 families or more) or an existing large multifamily residence being renovated by a developer converting the property to an association to have all of its parking spaces EV-Capable, with limited exceptions. Note there are different requirements for affordable housing developments.  “EV-Capable” is defined in the statute as having the electrical panel capacity and conduit installed during construction to support future implementation of electric vehicle charging with 208-volt or 240-volt or greater and 40-ampere or greater circuits.  The statute is clear, however, that a developer is not required to actually run the wiring to the parking space, simply have the infrastructure in place to subsequently install the EV charging connections.

Moreover, any covenant, condition, or restriction contained in a deed, contract, security interest, or other document which affects the transfer or sale of any interest in a condominium or common interest community, and any provision of a governing document of a condominium or common interest community (such as a condominium declaration) cannot prohibit or unreasonably restrict installation or use of EV charging systems.

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Note that local laws like the Chicago Residential Landlord and Tenant Ordinance may provide additional obligations on landlords and property managers. Feel free to reach out to Chad, Tim or Thomas with questions on these changes and assistance with implementing the same.