103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1628
 
Introduced 2/1/2023, by Rep. Anne Stava-Murray
 
SYNOPSIS AS INTRODUCED:
 

 
765 ILCS 705/4 new

     Amends the Landlord and Tenant Act. Provides that 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.  Provides that, beginning 90 days after the effective date of the amendatory Act, a violation is an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Applies to leases or agreements executed after the effective date of the amendatory Act.
  


LRB103 26210 LNS 52569 b

 
 
A BILL FOR
 

  
HB1628LRB103 26210 LNS 52569 b


  
1    AN ACT concerning civil law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  


 
 
4    Section 5. The Landlord and Tenant Act is amended  by 
5adding Section 4 as follows:
 
6    (765 ILCS 705/4 new)
7    Sec. 4. Payment by electronic funds transfer.
8    (a) As used in this Section, "electronic funds transfer" 
9means a transfer of funds, other than a transaction originated 
10by check, draft, or similar paper instrument, that is 
11initiated through an electronic terminal, telephone, computer, 
12or magnetic tape for the purpose of ordering, instructing, or 
13authorizing a financial institution to debit or credit a 
14consumer's account, including, but not limited to, through the 
15use of an automated clearing house system.
16    (b) A landlord shall not require a tenant or prospective 
17tenant to remit any amount due to the landlord under a 
18residential lease, renewal, or extension agreement by means of 
19an electronic funds transfer, including, but not limited to, 
20an electronic funds transfer system that automatically 
21transfers funds on a regular, periodic, and recurring basis.
22    (c) Beginning 90 days after the effective date of this 
23amendatory Act of the 103rd General Assembly, a landlord who 
 
 
HB1628- 2 -LRB103 26210 LNS 52569 b

1violates this Section is guilty of an unlawful practice under 
2the Consumer Fraud and Deceptive Business Practices Act.
3    (d) This Section applies to leases or agreements executed 
4after the effective date of this amendatory Act of the 103rd 
5General Assembly.