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HB3564 - 104th General Assembly
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| 1 | AMENDMENT TO HOUSE BILL 3564 | ||||||
| 2 | AMENDMENT NO. ______. Amend House Bill 3564 by replacing | ||||||
| 3 | everything after the enacting clause with the following: | ||||||
| 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. Tenant fees limitations. | ||||||
| 8 | (a) A landlord, lessor, sublessor, or grantor may charge a | ||||||
| 9 | fee to reimburse costs associated with conducting a background | ||||||
| 10 | check if the cumulative fee for a check is no more than the | ||||||
| 11 | actual cost of the background check or $20, whichever is less. | ||||||
| 12 | The landlord, lessor, sublessor, or grantor shall waive the | ||||||
| 13 | fee if the potential tenant provides a copy of a background | ||||||
| 14 | check conducted within the past 30 days. The landlord, lessor, | ||||||
| 15 | sublessor, or grantor may not collect the fee unless the | ||||||
| 16 | landlord, lessor, sublessor, or grantor provides the potential | ||||||
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| 1 | tenant with a copy of the background check and the receipt or | ||||||
| 2 | invoice from the entity conducting the background check. | ||||||
| 3 | (b) A landlord may not impose a move-in fee. | ||||||
| 4 | (c) Unless statutes or regulations provide otherwise, no | ||||||
| 5 | landlord, lessor, sublessor, or grantor may demand (i) any | ||||||
| 6 | payment, fee, or charge for the processing, review, or | ||||||
| 7 | acceptance of an application or (ii) any other payment, fee, | ||||||
| 8 | or charge before or at the beginning of the tenancy. This | ||||||
| 9 | Section does not apply to entrance fees charged by nursing | ||||||
| 10 | homes, as defined in the Nursing Home Care Act, or similar | ||||||
| 11 | institutions. | ||||||
| 12 | (d) A landlord may not rename a fee or charge to avoid | ||||||
| 13 | application of this Section. | ||||||
| 14 | (e) No landlord, lessor, sublessor, or grantor may demand | ||||||
| 15 | any payment, fee, or charge for the late payment of rent unless | ||||||
| 16 | the payment of rent has not been made within 5 days of the date | ||||||
| 17 | it was due. The payment, fee, or charge may not exceed $10 for | ||||||
| 18 | the first $1,000 in rent and 5% of any amount that exceeds | ||||||
| 19 | $1,000. The late fee may not be included in rent as that term | ||||||
| 20 | is used in the Article IX of the Code of Civil Procedure. | ||||||
| 21 | (f) Any provision of a lease, rental agreement, contract, | ||||||
| 22 | or any similar document purporting to waive or limit the | ||||||
| 23 | provisions of this Section is void and unenforceable as | ||||||
| 24 | against public policy.". | ||||||