Bill Text: IL HB3564 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Landlord and Tenant Act. Prohibits a landlord from imposing a move-in fee. Provides that a landlord may not demand any charge for the processing, reviewing, or accepting of an application, or demand any other payment, fee, or charge before or at the beginning of the tenancy. Exempts entrance fees charged by nursing homes or similar institutions. Prohibits a landlord from renaming a fee or charge to avoid application of these provisions. Limits fees for the late payment of rent in certain situations. Provides that any provision of a lease, rental agreement, contract, or any similar document purporting to waive or limit these provisions is void and unenforceable as against public policy. Amends the Illinois Human Rights Act. Provides that State policy is that access to housing is a fundamental human right in preventing discrimination based on familial status or source of income in real estate transactions. Changes the definition of "source of income"by stating that the definition prohibits a person engaged in a real estate transaction from requiring a credit check before approving another person in the process of renting real property or requiring a move-in fee in lieu of a security deposit or in addition to a security deposit.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-02-07 - Filed with the Clerk by Rep. Nabeela Syed [HB3564 Detail]

Download: Illinois-2025-HB3564-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3564 Introduced , by Rep. Nabeela Syed SYNOPSIS AS INTRODUCED:
765 ILCS 705/26 new
775 ILCS 5/1-102 from Ch. 68, par. 1-102
775 ILCS 5/1-103 from Ch. 68, par. 1-103
Amends the Landlord and Tenant Act. Prohibits a landlord from imposing a move-in fee. Provides that a landlord may not demand any charge for the processing, reviewing, or accepting of an application, or demand any other payment, fee, or charge before or at the beginning of the tenancy. Exempts entrance fees charged by nursing homes or similar institutions. Prohibits a landlord from renaming a fee or charge to avoid application of these provisions. Limits fees for the late payment of rent in certain situations. Provides that any provision of a lease, rental agreement, contract, or any similar document purporting to waive or limit these provisions is void and unenforceable as against public policy. Amends the Illinois Human Rights Act. Provides that State policy is that access to housing is a fundamental human right in preventing discrimination based on familial status or source of income in real estate transactions. Changes the definition of "source of income"by stating that the definition prohibits a person engaged in a real estate transaction from requiring a credit check before approving another person in the process of renting real property or requiring a move-in fee in lieu of a security deposit or in addition to a security deposit.
LRB104 10911 JRC 20993 b
A BILL FOR
HB3564 LRB104 10911 JRC 20993 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Landlord and Tenant Act is amended by
adding Section 26 as follows:
(765 ILCS 705/26 new)
Sec. 26. Tenant fees limitations.
(a) A landlord may not impose a move-in fee.
(b) Unless statutes, rules, or regulations provide
otherwise, no landlord, lessor, sublessor, or grantor may
demand any payment, fee, or charge for the processing, review,
or acceptance of an application or demand any other payment,
fee, or charge before or at the beginning of the tenancy. This
Section does not apply to entrance fees charged by nursing
homes, as defined in the Nursing Home Care Act, or similar
institutions.
(c) A landlord may not rename a fee or charge to avoid
application of this Section.
(d) No landlord, lessor, sublessor, or grantor may demand
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. The payment, fee, or charge shall not exceed $10
for the first $1,000 in rent and 5% of any amount that exceeds

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$1,000. The late fee shall not be included in rent as that term
is used in the Article IX of the Code of Civil Procedure.
(e) Any provision of a lease, rental agreement, contract,
or any similar document purporting to waive or limit the
provisions of this Section is void and unenforceable as
against public policy.
Section 10. The Illinois Human Rights Act is amended by
changing Sections 1-102 and 1-103 as follows:
(775 ILCS 5/1-102) (from Ch. 68, par. 1-102)
Sec. 1-102. Declaration of policy. It is the public policy
of this State:
(A) Freedom from Unlawful Discrimination. To secure
for all individuals within Illinois the freedom from
discrimination based on race, color, religion, sex,
national origin, ancestry, age, order of protection
status, marital status, physical or mental disability,
military status, sexual orientation, pregnancy,
reproductive health decisions, or unfavorable discharge
from military service in connection with employment, real
estate transactions, access to financial credit, and the
availability of public accommodations, including in
elementary, secondary, and higher education.
(B) Freedom from Sexual Harassment-Employment and
Elementary, Secondary, and Higher Education. To prevent

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sexual harassment in employment and sexual harassment in
elementary, secondary, and higher education.
(C) Freedom from Discrimination Based on Citizenship
Status-Employment. To prevent discrimination based on
citizenship status in employment.
(C-5) Freedom from Discrimination Based on Work
Authorization Status-Employment. To prevent
discrimination based on the specific status or term of
status that accompanies a legal work authorization.
(D) Freedom from Discrimination Based on Familial
Status or Source of Income-Real Estate Transactions. To
prevent discrimination based on familial status or source
of income in real estate transactions because access to
housing is a fundamental human right.
(E) Public Health, Welfare and Safety. To promote the
public health, welfare and safety by protecting the
interest of all people in Illinois in maintaining personal
dignity, in realizing their full productive capacities,
and in furthering their interests, rights and privileges
as citizens of this State.
(F) Implementation of Constitutional Guarantees. To
secure and guarantee the rights established by Sections
17, 18 and 19 of Article I of the Illinois Constitution of
1970.
(G) Equal Opportunity, Affirmative Action. To
establish Equal Opportunity and Affirmative Action as the

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policies of this State in all of its decisions, programs
and activities, and to assure that all State departments,
boards, commissions and instrumentalities rigorously take
affirmative action to provide equality of opportunity and
eliminate the effects of past discrimination in the
internal affairs of State government and in their
relations with the public.
(H) Unfounded Charges. To protect citizens of this
State against unfounded charges of prohibited
discrimination in employment, real estate transactions,
financial credit, and public accommodations, including in
elementary, secondary, and higher education.
(Source: P.A. 102-233, eff. 8-2-21; 102-896, eff. 1-1-23;
103-472, eff. 8-1-24; 103-785, eff. 1-1-25.)
(775 ILCS 5/1-103) (from Ch. 68, par. 1-103)
Sec. 1-103. General definitions. When used in this Act,
unless the context requires otherwise, the term:
(A) Age. "Age" means the chronological age of a person who
is at least 40 years old, except with regard to any practice
described in Section 2-102, insofar as that practice concerns
training or apprenticeship programs. In the case of training
or apprenticeship programs, for the purposes of Section 2-102,
"age" means the chronological age of a person who is 18 but not
yet 40 years old.
(B) Aggrieved party. "Aggrieved party" means a person who

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is alleged or proved to have been injured by a civil rights
violation or believes he or she will be injured by a civil
rights violation under Article 3 that is about to occur.
(B-5) Arrest record. "Arrest record" means:
(1) an arrest not leading to a conviction;
(2) a juvenile record; or
(3) criminal history record information ordered
expunged, sealed, or impounded under Section 5.2 of the
Criminal Identification Act.
(C) Charge. "Charge" means an allegation filed with the
Department by an aggrieved party or initiated by the
Department under its authority.
(D) Civil rights violation. "Civil rights violation"
includes and shall be limited to only those specific acts set
forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
3-102.10, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102,
5A-102, 6-101, 6-101.5, and 6-102 of this Act.
(E) Commission. "Commission" means the Human Rights
Commission created by this Act.
(F) Complaint. "Complaint" means the formal pleading filed
by the Department with the Commission following an
investigation and finding of substantial evidence of a civil
rights violation.
(G) Complainant. "Complainant" means a person including
the Department who files a charge of civil rights violation
with the Department or the Commission.

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(G-5) Conviction record. "Conviction record" means
information indicating that a person has been convicted of a
felony, misdemeanor or other criminal offense, placed on
probation, fined, imprisoned, or paroled pursuant to any law
enforcement or military authority.
(H) Department. "Department" means the Department of Human
Rights created by this Act.
(I) Disability.
(1) "Disability" means a determinable physical or mental
characteristic of a person, including, but not limited to, a
determinable physical characteristic which necessitates the
person's use of a guide, hearing or support dog, the history of
such characteristic, or the perception of such characteristic
by the person complained against, which may result from
disease, injury, congenital condition of birth or functional
disorder and which characteristic:
(a) For purposes of Article 2, is unrelated to the
person's ability to perform the duties of a particular job
or position and, pursuant to Section 2-104 of this Act, a
person's illegal use of drugs or alcohol is not a
disability;
(b) For purposes of Article 3, is unrelated to the
person's ability to acquire, rent, or maintain a housing
accommodation;
(c) For purposes of Article 4, is unrelated to a
person's ability to repay;

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(d) For purposes of Article 5, is unrelated to a
person's ability to utilize and benefit from a place of
public accommodation;
(e) For purposes of Article 5, also includes any
mental, psychological, or developmental disability,
including autism spectrum disorders.
(2) Discrimination based on disability includes unlawful
discrimination against an individual because of the
individual's association with a person with a disability.
(J) Marital status. "Marital status" means the legal
status of being married, single, separated, divorced, or
widowed.
(J-1) Military status. "Military status" means a person's
status on active duty in or status as a veteran of the armed
forces of the United States, status as a current member or
veteran of any reserve component of the armed forces of the
United States, including the United States Army Reserve,
United States Marine Corps Reserve, United States Navy
Reserve, United States Air Force Reserve, and United States
Coast Guard Reserve, or status as a current member or veteran
of the Illinois Army National Guard or Illinois Air National
Guard.
(K) National origin. "National origin" means the place in
which a person or one of his or her ancestors was born.
(K-5) "Order of protection status" means a person's status
as being a person protected under an order of protection

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issued pursuant to the Illinois Domestic Violence Act of 1986,
Article 112A of the Code of Criminal Procedure of 1963, the
Stalking No Contact Order Act, or the Civil No Contact Order
Act, or an order of protection issued by a court of another
state.
(L) Person. "Person" includes one or more individuals,
partnerships, associations or organizations, labor
organizations, labor unions, joint apprenticeship committees,
or union labor associations, corporations, the State of
Illinois and its instrumentalities, political subdivisions,
units of local government, legal representatives, trustees in
bankruptcy or receivers.
(L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,
or medical or common conditions related to pregnancy or
childbirth.
(M) Public contract. "Public contract" includes every
contract to which the State, any of its political
subdivisions, or any municipal corporation is a party.
(M-5) Race. "Race" includes traits associated with race,
including, but not limited to, hair texture and protective
hairstyles such as braids, locks, and twists.
(N) Religion. "Religion" includes all aspects of religious
observance and practice, as well as belief, except that with
respect to employers, for the purposes of Article 2,
"religion" has the meaning ascribed to it in paragraph (F) of
Section 2-101.

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(O) Sex. "Sex" means the status of being male or female.
(O-1) Sexual orientation. "Sexual orientation" means
actual or perceived heterosexuality, homosexuality,
bisexuality, or gender-related identity, whether or not
traditionally associated with the person's designated sex at
birth. "Sexual orientation" does not include a physical or
sexual attraction to a minor by an adult.
(O-2) Reproductive Health Decisions. "Reproductive Health
Decisions" means a person's decisions regarding the person's
use of: contraception; fertility or sterilization care;
assisted reproductive technologies; miscarriage management
care; healthcare related to the continuation or termination of
pregnancy; or prenatal, intranatal, or postnatal care.
(O-5) Source of income. "Source of income" means the
lawful manner by which an individual supports himself or
herself and his or her dependents. This definition prohibits a
person engaged in a real estate transaction from requiring a
credit check before approving another person in the process of
renting real property or requiring a move-in fee in lieu of a
security deposit or in addition to a security deposit.
(P) Unfavorable military discharge. "Unfavorable military
discharge" includes discharges from the Armed Forces of the
United States, their Reserve components, or any National Guard
or Naval Militia which are classified as RE-3 or the
equivalent thereof, but does not include those characterized
as RE-4 or "Dishonorable".

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(Q) Unlawful discrimination. "Unlawful discrimination"
means discrimination against a person because of his or her
actual or perceived: race, color, religion, national origin,
ancestry, age, sex, marital status, order of protection
status, disability, military status, sexual orientation,
pregnancy, reproductive health decisions, or unfavorable
discharge from military service as those terms are defined in
this Section.
(Source: P.A. 102-362, eff. 1-1-22; 102-419, eff. 1-1-22;
102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-896, eff.
1-1-23; 102-1102, eff. 1-1-23; 103-154, eff. 6-30-23; 103-785,
eff. 1-1-25.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.