HB5138 93RD GENERAL ASSEMBLY

LRB093 17843 LCB 46819 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB5138

Introduced 02/05/04, by Chapin Rose

SYNOPSIS AS INTRODUCED:

765 ILCS 705/3 new
765 ILCS 705/4 new

Amends the Landlord and Tenant Act. Permits a landlord to perform a criminal background check on any person seeking to lease property from the landlord or sublease property from a tenant of the landlord. Provides that the landlord may refuse to lease the property or may refuse to allow the sublease if the criminal background check of the person contains any felony convictions or indicates that the person is a registered sex offender. Preempts home rule.

HOME RULE NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning landlords.

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 Sections 3 and 4 as follows:

(765 ILCS 705/3 new)

Sec. 3. Criminal background check. A landlord may perform a criminal background check on any person seeking to lease property from the landlord or sublease property from a tenant of the landlord. The landlord may refuse to lease the property or may refuse to allow the sublease if the criminal background check of the person contains any felony convictions or indicates that the person is a registered sex offender. The landlord may not use the criminal background check to discriminate against a protected class.

(765 ILCS 705/4 new)

Sec. 4. Home rule. A home rule unit may not require a landlord to lease property to a person who has been convicted of a felony or is a registered sex offender and may not prohibit a landlord from performing a criminal background check that he or she is authorized to perform under this Act. This Section is a denial and limitation of home rule functions under subsection (g) of Section 6 of Article VII of the Illinois Constitution.