Bill Text: IL HB4865 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Landlord and Tenant Act. Provides that a landlord, lessor, sublessor, or grantor may charge a fee or fees to reimburse costs associated with conducting a background check and credit check if the cumulative fee or fees for such checks are no more than the actual cost of the background check and credit check or $20, whichever is less. Allows this fee or fees if the potential tenant provides a copy of a background check or credit check conducted within the past 30 days. Prohibits a landlord from imposing a move-in fee that is in excess of the reasonable cost to the landlord of obtaining or providing the product or service for which the fee is imposed. Unless provided by law elsewhere, a landlord may not demand any charge for the processing, reviewing, or accepting of an application, or demand any other payment, fee, or charge before or at the beginning of the tenancy. Exempts entrance fees charged by nursing homes as defined by Nursing Home Care Act or similar institutions. Prohibits a landlord from renaming a fee or charge to avoid application of these provisions. Limits fees for the late payment of rent in certain situations. Any provision of a lease, rental agreement, contract, or any similar document purporting to waive or limit these provisions is void and unenforceable as against public policy.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-02-07 - Referred to Rules Committee [HB4865 Detail]

Download: Illinois-2023-HB4865-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4865 Introduced , by Rep. Nabeela Syed SYNOPSIS AS INTRODUCED:
765 ILCS 705/25 new
Amends the Landlord and Tenant Act. Provides that a landlord, lessor, sublessor, or grantor may charge a fee or fees to reimburse costs associated with conducting a background check and credit check if the cumulative fee or fees for such checks are no more than the actual cost of the background check and credit check or $20, whichever is less. Allows this fee or fees if the potential tenant provides a copy of a background check or credit check conducted within the past 30 days. Prohibits a landlord from imposing a move-in fee that is in excess of the reasonable cost to the landlord of obtaining or providing the product or service for which the fee is imposed. Unless provided by law elsewhere, a landlord may not demand any charge for the processing, reviewing, or accepting of an application, or demand any other payment, fee, or charge before or at the beginning of the tenancy. Exempts entrance fees charged by nursing homes as defined by Nursing Home Care Act or similar institutions. Prohibits a landlord from renaming a fee or charge to avoid application of these provisions. Limits fees for the late payment of rent in certain situations. Any provision of a lease, rental agreement, contract, or any similar document purporting to waive or limit these provisions is void and unenforceable as against public policy.
LRB103 37921 JRC 68053 b
A BILL FOR
HB4865 LRB103 37921 JRC 68053 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Landlord and Tenant Act is amended by
adding Section 25 as follows:
(765 ILCS 705/25 new)
Sec. 25. Tenant fees limitations.
(a) A landlord, lessor, sublessor, or grantor may charge a
fee or fees to reimburse costs associated with conducting a
background check and credit check if the cumulative fee or
fees for such checks are no more than the actual cost of the
background check and credit check or $20, whichever is less.
The landlord, lessor, sublessor, or grantor shall waive the
fee or fees if the potential tenant provides a copy of a
background check or credit check conducted within the past 30
days. The landlord, lessor, sublessor, or grantor may not
collect the fee or fees unless the landlord, lessor,
sub-lessor, or grantor provides the potential tenant with a
copy of the background check or credit check and the receipt or
invoice from the entity conducting the background check or
credit check.
(b) A landlord shall not impose a move-in fee that is in
excess of the reasonable cost to the landlord of obtaining or

HB4865 - 2 - LRB103 37921 JRC 68053 b