HB 2911

Abstract

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.