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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB5138
Introduced 02/05/04, by Chapin Rose SYNOPSIS AS INTRODUCED:
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765 ILCS 705/3 new |
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765 ILCS 705/4 new |
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Amends the Landlord and Tenant Act. Permits a landlord to perform a criminal
background check on any person seeking to lease property from the
landlord
or sublease property from a tenant of the landlord. Provides that the landlord
may refuse to lease the
property or may refuse to allow the sublease if the criminal background check
of the
person contains any felony convictions or indicates that the person is a registered sex offender. Preempts home rule.
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| HOME RULE NOTE ACT MAY APPLY | |
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A BILL FOR
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HB5138 |
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LRB093 17843 LCB 46819 b |
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| AN ACT concerning landlords.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The Landlord and Tenant Act is amended by adding |
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| Sections 3 and 4
as follows:
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| (765 ILCS 705/3 new)
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| Sec. 3. Criminal background check. A landlord may perform |
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| a criminal
background check on any person seeking to lease |
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| property from the
landlord
or sublease property from a tenant |
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| of the landlord. The landlord may refuse to
lease the property
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| or may
refuse to allow the sublease if the criminal background |
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| check of the person
contains any
felony convictions or |
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| indicates that the person is a registered sex offender. The |
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| landlord may not use the criminal background check to
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| discriminate against a protected class.
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| (765 ILCS 705/4 new)
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| Sec. 4. Home rule. A home rule unit may not require a |
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| landlord to lease
property to a person who has been convicted |
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| of a felony or is a registered sex offender and may not |
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| prohibit a
landlord
from performing a criminal background check |
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| that he or she is authorized to
perform
under this
Act. This |
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| Section is a denial and limitation of home rule functions under
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| subsection (g)
of Section 6 of Article VII of the Illinois |
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| Constitution.
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