Public Act 0132 103RD GENERAL ASSEMBLY

HB1628 Enrolled LRB103 26210 LNS 52569 b

Public Act 103-0132

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 4 as follows:

(765 ILCS 705/4 new)

Sec. 4. Payment by electronic funds transfer.

(a) As used in this Section, "electronic funds transfer" means a transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, that is initiated through an electronic terminal, telephone, computer, or magnetic tape for the purpose of ordering, instructing, or authorizing a financial institution to debit or credit a consumer's account, including, but not limited to, through the use of an automated clearing house system.

(b) A landlord shall not require a tenant or prospective tenant to remit any amount due to the landlord under a residential lease, renewal, or extension agreement by means of an electronic funds transfer, including, but not limited to, an electronic funds transfer system that automatically transfers funds on a regular, periodic, and recurring basis.

(c) Beginning 90 days after the effective date of this amendatory Act of the 103rd General Assembly, a landlord who violates this Section is guilty of an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act.

(d) This Section applies to leases or agreements executed after the effective date of this amendatory Act of the 103rd General Assembly.