Illinois General Assembly - Bill Status for HB3564

Amends the Landlord and Tenant Act. Prohibits a landlord from imposing a move-in fee. Provides that 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 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. Provides that 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. Amends the Illinois Human Rights Act. Provides that State policy is that access to housing is a fundamental human right in preventing discrimination based on familial status or source of income in real estate transactions. Changes the definition of "source of income"by stating that the definition prohibits a person engaged in a real estate transaction from requiring a credit check before approving another person in the process of renting real property or requiring a move-in fee in lieu of a security deposit or in addition to a security deposit.

Replaces everything after the enacting clause. Amends the Landlord and Tenant Act. Provides that a landlord, lessor, sublessor, or grantor may charge a fee to reimburse costs associated with conducting a background check if the cumulative fee for a check is no more than the actual cost of the background check or $20, whichever is less. Allows this fee if the potential tenant provides a copy of a background check conducted within the past 30 days. Prohibits a landlord from imposing a move-in fee. 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.

Replaces everything after the enacting clause. Creates the Rental Fee Transparency and Fairness Act. Defines terms. Requires that all non-optional fees must be explicitly contained on the first page of a lease agreement, and a tenant is not liable for payment of these fees if a lease fails to do so. Requires that these fees must be disclosed with the total amount of rent. Requires that in a lease agreement disclosure or unit listing, the landlord must disclose whether utilities are included in rent. Prohibits a landlord or lease agreement from requiring specified types of fees or fines. Prohibits a landlord from charging both a security deposit and a fee for moving in or out. Makes changes to security deposits and fees for moving in or out. Provides a process for paying fees in installments and prohibits a landlord from imposing any fee, interest, or costs on a tenant because a tenant elects to pay in installments. Limits the concurrent exercise of home rule powers if inconsistent with the Act. Provides that a landlord may not rename a fee or charge to avoid application of the Act. Provides that the Act applies to all lease agreements entered into after the effective date of the Act, except that the Act does not apply to lease agreements entered into for dwelling units in owner-occupied premises containing 6 units or fewer.

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