HB 3564

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Full Text of HB3564
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	HB3564 - 104th General Assembly
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		Public Act
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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,
3represented in the General Assembly:
4    Section 5. The Landlord and Tenant Act is amended by
5adding 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 
9advertisement or written notice that conveys a property is for 
10lease and includes the rental price.
11    (b) Rental fee transparency. All non-optional fees, 
12regardless of whether they are one-time fees or recurring 
13fees, shall be explicitly contained on the first page of a 
14lease agreement. If a fee is not explicitly contained on the 
15first page of a lease agreement, a tenant shall not be liable 
16for 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 
2require 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, 
25non-home rule municipality, or non-home rule county within the 
26unincorporated territory of the county may regulate fees 
		HB3564 Enrolled	- 4 -	LRB104 10911 JRC 20993 b
1charged to tenants, but such regulations must at a minimum, 
2restrict fees charged to tenants in a manner equal to this 
3Section. This Section is a limitation under subsection (i) of 
4Section 6 of Article VII of the Illinois Constitution on the 
5concurrent exercise by home rule units of powers and functions 
6exercised by the State.
7    (e) Applicability. A landlord may not rename a fee or 
8charge to avoid application of this Section. This Section 
9applies to all lease agreements for residential rental 
10property entered into after the effective date of this 
11amendatory Act of the 104th General Assembly, except that this 
12Section does not apply to lease agreements entered into for 
13dwelling units in owner-occupied premises containing 6 units 
14or fewer.
15    (f) Penalties. Any person alleging a violation of this 
16Section may bring a civil action, in accordance with 
17applicable law, in any court of competent jurisdiction. The 
18court may order injunctive relief, monetary relief, attorney's 
19fees, and costs.
20    Section 99. Effective date. This Act takes effect July 1,
212026.