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| 1 | AN ACT concerning civil law. | ||||||
| 2 | Be it enacted by the People of the State of Illinois, | ||||||
| 3 | represented in the General Assembly: | ||||||
| 4 | Section 5. The Landlord and Tenant Act is amended by | ||||||
| 5 | adding Section 25 as follows: | ||||||
| 6 | (765 ILCS 705/25 new) | ||||||
| 7 | Sec. 25. Reusable tenant screening report. | ||||||
| 8 | (a) Definitions. In this Section: | ||||||
| 9 | "Application screening fee" means a request by a landlord | ||||||
| 10 | for a fee to cover the costs of obtaining information about a | ||||||
| 11 | prospective tenant. | ||||||
| 12 | "Consumer report" has the same meaning as defined in | ||||||
| 13 | Section 1681a of Title 15 of the United States Code. | ||||||
| 14 | "Consumer credit reporting agency" means a person which, | ||||||
| 15 | for monetary fees, dues, or on a cooperative nonprofit basis, | ||||||
| 16 | regularly engages in whole or in part in the practice of | ||||||
| 17 | assembling or evaluating consumer credit information or other | ||||||
| 18 | information on consumers for the purpose of furnishing | ||||||
| 19 | consumer reports to third parties and that uses any means or | ||||||
| 20 | facility of interstate commerce for the purpose of preparing | ||||||
| 21 | or furnishing consumer reports. | ||||||
| 22 | "Reusable tenant screening report" means a report that | ||||||
| 23 | prominently states the date through which the information | ||||||
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| 1 | contained in the report is current and includes all of the | ||||||
| 2 | following information regarding a prospective tenant: | ||||||
| 3 | (A) the name of the prospective tenant; | ||||||
| 4 | (B) the contact information for the prospective | ||||||
| 5 | tenant; | ||||||
| 6 | (C) a verification of employment of the | ||||||
| 7 | prospective tenant; | ||||||
| 8 | (D) the last known address of the prospective | ||||||
| 9 | tenant; and | ||||||
| 10 | (E) the results of an eviction history check of | ||||||
| 11 | the prospective tenant in a manner and for a period of | ||||||
| 12 | time consistent with applicable law related to the | ||||||
| 13 | consideration of eviction history in housing. | ||||||
| 14 | (b) Providing a reusable tenant screening report. | ||||||
| 15 | (1) If a prospective tenant provides a reusable tenant | ||||||
| 16 | screening report that meets the following criteria, the | ||||||
| 17 | landlord may not charge the prospective tenant a fee to | ||||||
| 18 | access the report or an application screening fee. Those | ||||||
| 19 | criteria include the following: | ||||||
| 20 | (A) the report was prepared within the previous 30 | ||||||
| 21 | days by a consumer credit reporting agency at the | ||||||
| 22 | request and expense of a prospective tenant; | ||||||
| 23 | (B) the report is made directly available to a | ||||||
| 24 | landlord for use in the rental application process or | ||||||
| 25 | is provided through a third-party website that | ||||||
| 26 | regularly engages in the business of providing a | ||||||
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| 1 | reusable tenant screening report and complies with all | ||||||
| 2 | State and federal laws pertaining to use and | ||||||
| 3 | disclosure of information contained in a consumer | ||||||
| 4 | report by a consumer credit reporting agency; and | ||||||
| 5 | (C) the report is available to the landlord at no | ||||||
| 6 | cost to access or use. | ||||||
| 7 | (2) A landlord may require an applicant to state that | ||||||
| 8 | there has not been a material change to the information in | ||||||
| 9 | the reusable tenant screening report. | ||||||
| 10 | (c) If an ordinance, resolution, regulation, | ||||||
| 11 | administrative action, initiative, or other policy adopted by | ||||||
| 12 | a unit of local government or county conflicts with this Act, | ||||||
| 13 | the policy that provides greater protections to prospective | ||||||
| 14 | tenants applies. | ||||||