Illinois General Assembly Spring Session
The 2024 spring session of the Illinois General Assembly ended on May 29th with members working into the early morning to pass the Fiscal Year 2025 budget. When legislators worked on housing issues, CAA was at the forefront advocating on behalf of the apartment industry in Illinois.
We are pleased to share that none of the proposed eight rent control bills that CAA had been following passed this session, and several other concerning bills were either prevented from advancing or negotiated to a more acceptable outcome. For example, the Landlord Retaliation Act was the subject of considerable negotiations by CAA and other industry partners. After the sponsors gained significant momentum in moving this bill, CAA was able to secure an amendment that reduced penalties and brought the terms and penalties in line with similar provisions in the Chicago RLTO. CAA was also involved in negotiations on legislation essentially codifying the concept of 'disparate impact' that has been settled in federal case law. We successfully amended the original proposal to provide clarity and to retain defenses against this charge. It's important to note that legislation passed this spring will require amendments or additions to the Click N' Lease product. CAA legal counsel will ensure that the lease forms are in compliance.
While we have once again successfully prevented the passage of legislation overturning the statewide ban on rent control in Illinois, we fully anticipate a continued strong, coordinated push from advocates in Springfield. Bills that did not advance can still be revived before a new General Assembly is seated on January 8th, 2025, although with more difficulty.
Below is a list of key bills CAA monitored this session and their status. More information on the Illinois General Assembly and access to a full end of session report from CAA's lobbying team, Mac Strategies Group, is available here.
Bills That Passed
HB 4768 (Guzzardi) - Landlord Retaliation Act
The bill bars landlords from terminating a tenancy, refusing to renew a lease, increasing rent or other actions if a tenant has complained of code violations or illegal practices, requested repairs, etc, in good faith.
HB 5371 (Williams) - Human Rights Various
Codifies the concept of disparate impact that has been settled by federal law. Amended to provide clarity and to retain defenses against this charge.
HB 4206 (Huynh) - Landlord/Tenant-Additional Fee
Requires landlords who use a 3rd party payment portal to allow tenants to pay by check or cash to the landlord or their office to avoid a transaction fee.
HB 4926 (Moeller) - Landlord-Tenant Credit Report
Allows prospective tenants to provide a prospective landlord with a credit report, 30 days old or less, and then prohibits landlords from charging an application/screening fee.
SB 3652 (Peters) - Domestic Violence-Remedies
Requires landlords to provide a form from the Department of Human Rights advising violence victims of their rights to protection. Goes into effect in January 2026.
SB 2601 (Porfirio) - Landlord/Tenant-Flood Disclose
Requires landlords to disclose certain flood risks and history, with penalties.
HB 4351 (Gong-Gershowitz) - CIV Pro-Process Servers
Allows alternative methods of process serving, including by licensed private detectives, with the sheriff’s fee paid by the person hiring the service.
HB 4467 (Moeller) - Mobile Home Park -Licensing
Sets a fine of $10 per day per site for operating a mobile home park without a license. Requires annual inspections by the Department of Public Health; sets fees in a number of circumstances.
HB 3773 (Andrade) - Limit Predictive Analytics Use
Prohibits use of predictive data analytics in determining someone's credit worthiness, among other provisions.
Rent Control Bills That Did Not Advance
HB 4104 (Huynh) - Landlord/Tenant-Various
Allows communities to opt out of the statewide ban on rent control via local referendum and extends a host of additional renter related provisions.
SB 3484 (Toro) - Lift the Ban on Rent Control
Repeals the Rent Control Preemption Act
HB 3104 (Rashid) - Rent Control-Manufactured Home
Exempts manufactured homes from the Rent Control Preemption Act and allows municipalities to set rent controls for manufactured home communities.
HB 2727 (Moeller) - Mobile Home-Rent Notice
Sets a 3% rent cap on mobile home parks. Only allows rent increases above 3% for necessary maintenance and repair and requires the park owner to justify any rate increase.
HB 1118 (Guzzardi) - Rent Control Preemption Act
Repeals the Rent Control Preemption Act
HB 1047 (Flowers) - Mobile Home-Tenant Protections
Provides rent controls for residents of manufactured homes, primarily to block increases on senior citizens when mobile home parks change hands
HB 3874 (Huynh) - Rent Control Act
Caps rent increases at 15% and limits rent increases to once per 12-month period.
HB 3709 (Collins) - Keep Illinois Home Act
Rent control by local referendum; landlord/rental unit statewide registry, counsel provided for all tenants, prohibitions on non-renewal of leases except in limited circumstances, landlords required to provide $3k of relocation assistance at end of leases or 3x/rent in condo conversions, among many other regulations.
Additional Bills That Did Not Advance
HB 4722 (Tarver) - Priv Party-Vehicle Relocation
Requires notice in advance of relocating an unauthorized vehicle by an owner of private property in Chicago.
HB 5023 (Olickal) - Eviction-Impounding Court File
Changes rules on impounding and sealing eviction court records.
SB 3680 (Villa) - Local Crime Free-Housing Ord
Bans local municipalities from having Crime Free Housing ordinances that compel evictions was introduced and debated this spring.
HB 1287 (Davis) - Prop Tx-Descriptions
Provides that owners of income-producing properties shall file physical descriptions of their properties with the chief county assessor in the form and format determined by the chief county assessor.
HB 4796 (Cassidy) - Landlord -Tenant Rent Info
Requires a landlord to disclose all non-optional fees in the lease agreement and to put the sum "Total Monthly Payment" on the front page of the lease and the fees in any advertisement.
HB 5156 (Hernandez) - Tenants Right to Organize
Sets up terms and conditions under which tenants can create a tenants union and negotiate on behalf of each other, including if tenants receive any partial rent subsidies or if a landlord receives federal LIHTC. Creates a rebuttable presumption.
HB 5305 (Ford) - Real Estate Illegal Possession
Changes law on leases to require occupants to be named in leases or subleases, among other provisions.
HB 5519 (Hirschauer) - Native Language Transparency
Requires leases be translated into other languages; allows tenants to seek damages.
HB 5525 (Jimenez) - Human Rights Act-Real Estate
Adds regulations to landlords including barring looking at familial status or source of income in real estate transactions. Prohibits requiring credit checks for tenants. Prohibits move-in fees.
SB 3323 (McConchie) Accessible EV Charging Station
Sets requirements on EV chargers used for a commercial purpose in order to be accessible to persons with disabilities including limited range of motion and at wheelchair height.