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| Public Act 103-0840 | ||||
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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 25 as follows: | ||||
(765 ILCS 705/25 new) | ||||
Sec. 25. Reusable tenant screening report. | ||||
(a) Definitions. In this Section: | ||||
"Application screening fee" means a request by a landlord | ||||
for a fee to cover the costs of obtaining information about a | ||||
prospective tenant. | ||||
"Consumer report" has the same meaning as defined in | ||||
Section 1681a of Title 15 of the United States Code. | ||||
"Consumer credit 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 written report, | ||||
prepared by a consumer credit reporting agency, that | ||||
prominently states the date through which the information | ||
contained in the report is current and includes, but is not | ||
limited to, all of the following information regarding a | ||
prospective tenant: | ||
(A) the name of the prospective tenant; | ||
(B) the contact information for the prospective | ||
tenant; | ||
(C) a verification of source of income of the | ||
prospective tenant; | ||
(D) the last known address of the prospective | ||
tenant; and | ||
(E) the results of an eviction history check of | ||
the prospective tenant in a manner and for a period of | ||
time consistent with applicable law related to the | ||
consideration of eviction history in housing. | ||
(b) Providing a reusable tenant screening report. | ||
(1) If a prospective tenant provides a reusable tenant | ||
screening report that meets the following criteria, the | ||
landlord may not charge the prospective tenant a fee to | ||
access the report or an application screening fee. Those | ||
criteria include the following: | ||
(A) the report was prepared within the previous 30 | ||
days by a consumer credit reporting agency at the | ||
request and expense of a prospective tenant; | ||
(B) the report 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 credit reporting agency; | ||
(C) the report is available to the landlord at no | ||
cost to access or use; and | ||
(D) the report includes all of the criteria | ||
consistently being used by the landlord in the | ||
screening of prospective tenants. | ||
(2) A landlord may require an applicant to state that | ||
there has not been a material change to the information in | ||
the reusable tenant screening report. | ||
(c) If an ordinance, resolution, regulation, | ||
administrative action, initiative, or other policy adopted by | ||
a unit of local government or county conflicts with this Act, | ||
the policy that provides greater protections to prospective | ||
tenants applies. | ||
(d) Nothing in this Section prohibits a landlord from | ||
collecting and processing an application in addition to the | ||
report provided, as long as the prospective tenant is not | ||
charged an application screening fee for this additional | ||
report. | ||