HB 4998

Select Language
  ×
The Illinois General Assembly offers the Google Translate™ service for visitor convenience. In no way should it be considered accurate as to the translation of any content herein.
Visitors of the Illinois General Assembly website are encouraged to use other translation services available on the internet.
The English language version is always the official and authoritative version of this website.
NOTE: To return to the original English language version, select the "Show Original" button on the Google Translate™ menu bar at the top of the window.
  Choose Language
  English
  Afrikaans
  Albanian
  Arabic
  Armenian
  Azerbaijani
  Basque
  Bengali
  Bosnian
  Catalan
  Croatian
  Czech
  Danish
  Dutch
  Esperanto
  Estonian
  Filipino
  Finnish
  French
  Galician
  Georgian
  German
  Greek
  Gujarati
  Haitian Creole
  Hausa
  Hawaiian
  Hebrew
  Hindi
  Hungarian
  Icelandic
  Indonesian
  Interlingua
  Interlingue
  Inuktitut
  Irish
  Italian
  Japanese
  Javanese
  Kannada
  Khmer
  Korean
  Latin
  Latvian
  Lithuanian
  Luxembourgish
  Macedonian
  Malagasy
  Malayalam
  Maltese
  Maori
  Marathi
  Myanmar
  Nepali
  Norwegian
  Odia
  Pashto
  Punjabi
  Romanian
  Russian
  Samoan
  Sango
  Sanskrit
  Sardinian
  Sindhi
  Sinhala
  Slovak
  Slovenian
  Somali
  Southern Sotho
  Spanish
  Sundanese
  Swahili
  Swedish
  Tamil
  Telugu
  Thai
  Tigrinya
  Tonga
  Turkish
  Ukrainian
  Urdu
  Vietnamese
  Welsh
  Xhosa
  Yiddish
  Yoruba
  Zulu
  Powered by Translate
  Close
Illinois General Assembly
Top Navigation Bar
  Translate
  Learn
  Select General Assembly
  Search the 104th General Assembly
  Enter search terms for legislation, members, committees, or schedules.
  ILGA.GOV
Mobile Top Bar
  Search the 104th General Assembly
  Enter keywords to search the Illinois General Assembly website.
Full Text of HB4998
Home
Legislation
Full Text
	HB4998 - 104th General Assembly
		Bill Status
		Full Text
		Votes
		Witness Slips
	Select Menu
	Bill Status
	Full Text
	Votes
	Witness Slips
	Printer Friendly Version
			Introduced
		Printer Friendly Version
		Introduced
			 Open PDF
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4998
Introduced , by Rep. Gregg Johnson
SYNOPSIS AS INTRODUCED:
New Act
815 ILCS 505/2MMMM new
Creates the Standardized Protections for Residential Tenants Act. Prohibits a landlord, lessor, sub-lessor, or grantor from requiring a deposit or advance that exceeds the amount of one month's rent, unless the deposit or advance is for a seasonal use dwelling unit or unless the deposit or advance is for an owner-occupied cooperative apartment. Prohibits a landlord, lessor, sub-lessor, or grantor from charging an application fee that exceeds $20. Allows a fee for a background check or credit check of $20 or the actual cost, whichever is less. Exempts entrance fees charged licensed continuing care retirement communities, licensed assisted living providers, licensed adult care facilities, senior residential communities, or not-for-profit independent retirement communities that offer personal emergency response, housekeeping, transportation, and meals to their residents. Prohibits any payment, fee, or charge for the late payment of rent unless the payment of rent has not been made within 5 days of the date it was due, and the payment, fee, or charge does not exceed $50 or 5% of the monthly rent, whichever is less; provided a cooperative housing corporation shall be permitted to charge a tenant or lessee that is a dwelling unit owner or shareholder of such cooperative housing corporation a fee of up to 8% of the monthly maintenance fee for the late payment of the monthly maintenance fee if the proprietary lease or occupancy agreement provides for such a fee. Voids any agreement by a lessee or tenant of a dwelling waiving or modifying the rights in the Act. Authorizes the Attorney General to enforce the Act and adopt rules to implement and administer the Act. Provides that a violation of the Act is a violation of the Consumer Fraud and Deceptive Practices Act. Preempts home rule.
LRB104 20275 JRC 33726 b
A BILL FOR
		HB4998		LRB104 20275 JRC 33726 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 1. Short title. This Act may be cited as the
5Standardized Protections for Residential Tenants Act.
6    Section 5. Definitions. As used in this Act:
7    "Landlord, lessor, sub-lessor, or grantor" includes, but
8is not limited to, individual property owners, corporate
9owners, property management companies, and out-of-state
10landlords.
11    "Seasonal dwelling" means a dwelling unit that is not used
12as a person's principal residence that may be occupied on
13weekends or for brief periods during the year.
14    Section 10. Standardized security deposit practices. In
15relation to a residential dwelling unit:
16    (a) A landlord, lessor, sub-lessor, or grantor may not
17require a deposit or advance that exceeds the amount of one
18month's rent, unless the deposit or advance is for a seasonal
19use dwelling unit or unless the deposit or advance is for an
20owner-occupied cooperative apartment.
21    (b) All deposits and advances collected must be paid in
22the same manner as expected for future payments of rent.
		HB4998	- 2 -	LRB104 20275 JRC 33726 b
1    (c) All deposits or advances collected must be returned in
2accordance with the Security Deposit Return Act and the
3Security Deposit Interest Act.
4    Section 15. Standardized fees on application. For a
5residential dwelling unit:
6    (a) Except in instances in which statutes or regulations
7provide for a payment, fee or charge, no landlord, lessor,
8sub-lessor, or grantor may demand any payment, fee, or charge
9for the processing, review or acceptance of an application; or
10demand any other payment, fee or charge before or at the
11beginning of the tenancy, except background checks, credit
12checks, and application fee as provided in subsections (b) and
13(c).
14    (b) A landlord, lessor, sub-lessor, or grantor may charge
15a fee or fees to reimburse costs associated with conducting a
16background check and credit check, if the cumulative fee or
17fees for the checks is no more than the actual cost of the
18background check and credit check or $20, whichever is less;
19and the landlord, lessor, sub-lessor, or grantor must waive
20the fee or fees if the potential tenant or lessee provides a
21copy of a background check or credit check conducted within
22the past 30 days.
23        (1) The landlord, lessor, sub-lessor, or grantor may
24    not collect the fee or fees unless the landlord, lessor,
25    sub-lessor, or grantor provides the potential tenant or
		HB4998	- 3 -	LRB104 20275 JRC 33726 b
1    lessee with a copy of the background check or credit check
2    and the receipt or invoice from the entity conducting the
3    background check or credit check.
4        (2) Notwithstanding the provisions of this subsection,
5    a cooperative housing corporation is permitted to charge a
6    fee or fees to reimburse costs associated with conducting
7    a background check and credit check in excess of $20, if
8    the potential tenant or lessee would become a dwelling
9    unit owner or shareholder of the cooperative housing
10    corporation, provided the cumulative fee or fees for these
11    checks is no more than the actual cost of the background
12    check or credit check. All these fees must be reasonable
13    and approved by the agency supervising the cooperative
14    housing corporation.
15    (c) No landlord, lessor, sub-lessor or grantor may demand
16any payment, fee, or charge for the application fee to a
17prospective tenant or lessee unless the application fee does
18not exceed $20.
19    (d) This Section does not apply to entrance fees charged
20by licensed continuing care retirement communities, licensed
21assisted living providers, licensed adult care facilities,
22senior residential communities, or not-for-profit independent
23retirement communities that offer personal emergency response,
24housekeeping, transportation and meals to their residents.
25    (e) Nothing in this Section prohibits a cooperative
26housing corporation from demanding from a prospective tenant
		HB4998	- 4 -	LRB104 20275 JRC 33726 b
1or lessee any payment, fee or charge that is necessary to
2compensate a managing agent or transfer agent for the
3processing, review, or acceptance of a prospective tenant's or
4lessee's application if the prospective tenant or lessees
5would become a dwelling unit owner or shareholder of the
6cooperative housing corporation.
7    (f) The provisions of this Section do not apply to a
8shareholder of a cooperative housing corporation. The
9provisions of this Section do apply to any tenant, subtenant,
10lessee, or sub-lessee of such a shareholder.
11    (g) Every landlord, lessor, sub-lessor, or grantor that
12is, or going to, enter into a contract with a prospective
13tenant or lessee must inform the tenant or lessee of this
14Section, including, but not limited to, maximum amounts of any
15payment, fee, or charge for the processing, review, or
16acceptance of an application; or the demand for any other
17payment, fee, or charge before or at the beginning of the
18tenancy.
19    Section 20. Late fees. In relation to a residential
20dwelling unit:
21        (1) No landlord, lessor, sub-lessor, or grantor may
22    demand any payment, fee, or charge for the late payment of
23    rent unless the payment of rent has not been made within 5
24    days of the date it was due; and such payment, fee, or
25    charge may not exceed $50 or 5% of the monthly rent,
		HB4998	- 5 -	LRB104 20275 JRC 33726 b
1    whichever is less. A cooperative housing corporation is
2    permitted to charge a tenant or lessee that is a dwelling
3    unit owner or shareholder of a cooperative housing
4    corporation a fee of up to 8% of the monthly maintenance
5    fee for the late payment of the monthly maintenance fee if
6    the proprietary lease or occupancy agreement provides for
7    such a fee.
8        (2) No landlord, lessor, sub-lessor, or grantor may
9    demand an additional payment, charge, or fee if a tenant
10    or lessee pays the month's rent in full and on time but has
11    unpaid fines from a previous month's late payment.
12    Section 25. Mandatory tenant rights disclosure. In
13relation to a residential dwelling unit, every landlord,
14lessor, sub-lessor, or grantor that is, or going to, enter
15into a contract with a prospective tenant or lessee must
16provide the prospective tenant or lessee a copy of "Landlord
17and Tenant Rights and Laws" sheet created by the Attorney
18General and information in this Act at the time of the signing
19of the contract.
20    Section 30. Void agreements. This Act applies to all
21dwelling units in residential premises. Any agreement by a
22lessee or tenant of a dwelling waiving or modifying these
23rights is void.
		HB4998	- 6 -	LRB104 20275 JRC 33726 b
1    Section 35. Enforcement. A violation of any of the
2provisions of this Act is an unlawful practice under the
3Consumer Fraud and Deceptive Business Practices Act. All
4remedies, penalties, and authority granted to the Attorney
5General by that Act are available for the enforcement of this
6Act.
7    Section 40. Rulemaking. The Attorney General may adopt
8rules to implement and administer this Act.
9    Section 45. Home Rule. A home rule unit may not regulate
10standardizing protections for residential tenants in a manner
11less restrictive than the regulation by the State under this
12Act. This Section is a limitation under subsection (i) of
13Section 6 of Article VII of the Illinois Constitution on the
14concurrent exercise by home rule units of powers and functions
15exercised by the State.
16    Section 50. The Consumer Fraud and Deceptive Business
17Practices Act is amended by adding Section 2MMMM as follows:
18    (815 ILCS 505/2MMMM new)
19    Sec. 2MMMM. Violations of the Standardized Protections for 
20Residential Tenants Act. A person who violates the 
21Standardized Protections for Residential Tenants Act commits 
22an unlawful practice within the meaning of this Act.