HB3062eng 103RD GENERAL ASSEMBLY

HB3062 Engrossed LRB103 29578 LNS 55973 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 17 as follows:

(765 ILCS 705/17 new)

Sec. 17. Reusable tenant screening report.

(a) As used in this Section:

"Consumer report" has the same meaning as defined in Section 1681a of Title 15 of the United States Code.

"Consumer reporting agency" means a person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties and that uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports.

"Reusable tenant screening report" means a consumer report that meets all of the following criteria:

(1) Was prepared within the previous 30 days by a consumer reporting agency at the request and expense of an applicant.

(2) Is made directly available to a landlord for use in the rental application process or is provided through a third-party website that regularly engages in the business of providing a reusable tenant screening report and complies with all State and federal laws pertaining to use and disclosure of information contained in a consumer report by a consumer reporting agency.

(3) Is available to the landlord at no cost to access or use.

(b) A landlord may elect to accept reusable tenant screening reports and may require an applicant to state that there has not been a material change to the information in the reusable tenant screening report.

(c) A reusable tenant screening report shall include all of the following information regarding an applicant:

(1) Name.

(2) Contact information.

(3) Verification of employment.

(4) Last known address.

(5) Results of an eviction history check in a manner and for a period of time consistent with applicable law related to the consideration of eviction history in housing.

A reusable tenant screening report shall prominently state the date through which the information contained in the report is current.

(d) If an applicant provides a reusable tenant screening report to a landlord that accepts reusable tenant screening reports, the landlord shall not charge the applicant either of the following:

(1) A fee for the landlord to access the report.

(2) An application screening fee.

(e) This Section does not affect any other applicable law related to the consideration of criminal history information in housing, including, but not limited to, local ordinances governing the information that landlords may review and consider when determining to whom they will rent.

(f) If an ordinance, resolution, regulation, rule, administrative action, initiative, or other policy adopted by a municipality or county conflicts with this Section, the policy that provides greater protections to applicants shall apply.

(g) This Section does not require a landlord to accept reusable tenant screening reports.