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Illinois General Assembly· HB 3564Governor Approved

HUMAN RIGHTS ACT-REAL ESTATE, the official text

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HB3564 Enrolled                      LRB104 10911 JRC 20993 b

1   AN ACT concerning civil law.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The Landlord and Tenant Act is amended by

5 adding Section 35 as follows:

6   (765 ILCS 705/35 new)

7   Sec. 35. Rental fee transparency and limitations.

8   (a) As used in this Section, "listing" means an

9 advertisement or written notice that conveys a property is for

10 lease and includes the rental price.

11  (b) Rental fee transparency. All non-optional fees,

12 regardless of whether they are one-time fees or recurring

13 fees, shall be explicitly contained on the first page of a

14 lease agreement. If a fee is not explicitly contained on the

15 first page of a lease agreement, a tenant shall not be liable

16 for payment of such fee.

17  (1) Non-optional fees shall be disclosed in a clear

18  and conspicuous manner in a listing of residential

19  property or in an accompanying weblink at the time of the

20  listing.

21  (2) In a lease agreement disclosure or unit listing,

22  the landlord must disclose whether utilities are included

23  in rent.
    HB3564 Enrolled   -2-  LRB104 10911 JRC 20993 b

1   (c) Junk fee ban. No landlord or lease agreement may

2 require the payment by the tenant of any of the following:

3   (1) A fee for a rental application, including

4   background checks, in excess of $50. A landlord may charge

5   a fee over $50 for a third-party background check only if:

6   (A) the actual cost of the third-party background

7   check service is greater than $50;

8   (B) the landlord pays the upfront cost of the

9   third-party background check service; and

10  (C) the landlord bills the applicant within 14

11  days of the third-party background check service with

12  receipts from the third-party background check service

13  provider.

14  If the landlord does not submit the bill and receipts

15  within 14 days, the fee for a third-party background check

16  is waived. Under no circumstances may this fee be used as a

17  basis for an eviction action within the first year of a

18  lease agreement.

19  (2) A fee or fine ancillary to the application fee at

20  the time of the application that is intended to duplicate

21  the costs of tenant screening or to include costs

22  unrelated to tenant screening. This paragraph shall not be

23  construed to limit the ability of the landlord to charge

24  an application fee to cover the costs of tenant screening.

25  (3) A fee or fine for modification or renewal of a

26  lease agreement.
    HB3564 Enrolled          -3-  LRB104 10911 JRC 20993 b

1   (4) A fee or fine for an eviction notice or the filing

2   of an eviction action prior to the court granting an

3   eviction order. This paragraph shall not be construed to

4   limit the ability of the landlord to recover court costs

5   and filing fees.

6   (5) A fee or fine for after-hours requests for

7   maintenance service.

8   (6) A fee or fine for contacting the building owner or

9   property manager for maintenance or service requests,

10  lease-related questions, or other items directly related

11  to the tenancy.

12  (7) A fee or fine for travel required to complete

13  needed maintenance work or safety repairs.

14  (8) A fee or fine for a maintenance hotline service or

15  call to a maintenance hotline for maintenance or service

16  requests, lease-related questions, or other items directly

17  related to the tenancy.

18  (9) A fee or fine for the routine maintenance and

19  upkeep of the unit.

20  (10) A fee or fine for pest abatement or removal where

21  the tenant has in no way contributed to the infestation.

22  (11) A fee or fine for an in-person walk through of the

23  unit at the time of move-in and move-out.

24  (d) Home rule. Any home rule unit of local government,

25 non-home rule municipality, or non-home rule county within the

26 unincorporated territory of the county may regulate fees
    HB3564 Enrolled        -4-  LRB104 10911 JRC 20993 b

1 charged to tenants, but such regulations must at a minimum,

2 restrict fees charged to tenants in a manner equal to this

3 Section. This Section is a limitation under subsection (i) of

4 Section 6 of Article VII of the Illinois Constitution on the

5 concurrent exercise by home rule units of powers and functions

6 exercised by the State.

7   (e) Applicability. A landlord may not rename a fee or

8 charge to avoid application of this Section. This Section

9 applies to all lease agreements for residential rental

10 property entered into after the effective date of this

11 amendatory Act of the 104th General Assembly, except that this

12 Section does not apply to lease agreements entered into for

13 dwelling units in owner-occupied premises containing 6 units

14 or fewer.

15  (f) Penalties. Any person alleging a violation of this

16 Section may bring a civil action, in accordance with

17 applicable law, in any court of competent jurisdiction. The

18 court may order injunctive relief, monetary relief, attorney's

19 fees, and costs.

20  Section 99. Effective date. This Act takes effect July 1,

21 2026.
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