Rep. Emanuel Chris Welch
Filed: 3/25/2014
 
 

 

 

 
09800HB4778ham002LRB098 18830 HEP 57651 a



1
AMENDMENT TO HOUSE BILL 4778




2    AMENDMENT NO. ______. Amend House Bill 4778 by replacing 
3everything after the enacting clause with the following:

 
4    "Section 5. The Landlord and Tenant Act is amended  by 
5adding Section 17 as follows:
 
6    (765 ILCS 705/17 new)
7    Sec. 17. Application fees.
8    (a) As used in this Section, "application fee" means an

9amount required by a lessor to be paid by a prospective lessee

10of a dwelling unit prior to the lessor offering or accepting a

11lease agreement with the prospective lessee.
12    (b) A lessor may not charge an application fee that exceeds

13the lessor's actual out-of-pocket costs of evaluating a

14prospective lessee's application to enter into a lease with the

15lessor.
16    (c) Upon receiving an application fee, the lessor shall 
 
 
09800HB4778ham002- 2 -LRB098 18830 HEP 57651 a

1provide the prospective lessee with a written receipt which 
2shall state the amount of the application fee received and 
3specify a date on or before which the lessor will notify the 
4prospective lessee of a decision as to whether a lease will be 
5offered or accepted.
6    (d) On or before the date specified by the lessor under

7subsection (c), the lessor shall:
8        (1) return any portion of the application fee not 
9    expended;
10        (2) notify the prospective lessee in writing of the

11    decision whether a lease will be offered or accepted;
12        (3) provide a copy of any information obtained
from a 
13    third party regarding the prospective lessee that is not 
14    prohibited from disclosure by State or federal law; if any 
15    third-party material subject to disclosure under this 
16    paragraph (3) is not in a form that can reasonably be 
17    copied or printed, the lessor shall in writing provide a 
18    substantially similar description of the information and 
19    the identity and contact information of its source.
20    (e)  If no decision has been made or if no unit is available 
21by the date specified under subsection (c), the lessor may, by 
22agreement of the prospective lessee, extend the date by which a 
23response under subsection (d) will be provided.
24    (f) A lessor who collects an application fee from a

25prospective lessee may not knowingly make any

26misrepresentation to the prospective lessee regarding the

 
 
09800HB4778ham002- 3 -LRB098 18830 HEP 57651 a

1current or future availability of a dwelling unit for lease.
2    (g) A lessor who fails to substantially comply with  this 
3Section is liable to the
prospective lessee for an amount up to 
4double the application fee,

and reasonable attorney's fees and 
5costs.".