Housing (Tenant Rights)

Creates the Preventing Algorithmic Rent Fixing in the Rental Housing Market Act. Provides that a real estate lessor, or any agent or subcontractor of a real estate lessor, shall not subscribe to, contract with, or otherwise exchange anything of value in return for the services of a real estate service provider. Provides that a real estate service provider shall not facilitate an agreement to not compete between real estate lessors with respect to residential dwelling units. Provides that a violation of the provisions of the Act is an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Provides for a private right of action. Amends the Consumer Fraud and Deceptive Business Practices Act to make a conforming change.

SB 1260 (Rent Control Preemption Act) repeals the existing Rent Control Preemption Act in Illinois. This bill removes a state law that prevented local governments from enacting their own rent control policies. By repealing this preemption, the bill directly affects cities and counties, enabling them to implement local rent control measures for landlords and tenants within their jurisdictions. The legislation itself does not create new rent control rules but eliminates a barrier to local policy-making.

Amends the Mobile Home Landlord and Tenant Rights Act. Prohibits a park owner from increasing rent more than 3% per year. Provides that a park owner may adjust rent annually, beginning in 2027, to reflect a percentage equal to the percentage change in the consumer price index-u during the preceding 12-month calendar year that may not be more than a 5% increase in the 3% cap. Provides that the amendatory Act may be referred to as the Mobile Home Tenant Protection Act.

Amends the Illinois Human Rights Act. Makes it a violation of the Real Estate Transactions Article of the Act to unlawfully discriminate using credit score and history, including insufficient credit history. Limits these provisions to landlord and tenant agreements only.

Amends the Illinois Income Tax Act. Creates an income tax credit for taxpayers who (1) paid rent on a personal residence in Illinois for at least 6 months during the taxable year; (2) are not claimed as a dependent on someone else's federal income taxes for the taxable year; and (3) have a federal adjusted gross income of less than $83,250, if the taxpayer is married filing a joint return, or $40,770, if the taxpayer is not married filing a joint return. Provides that, if the taxpayer is married filing a joint return, then the amount of the credit is $1,000 for both taxpayers as a single unit. Provides that, if the taxpayer is not married filing a joint return, then the amount of the credit is $500. Effective immediately.

Amends the Illinois Housing Development Act. Requires the Illinois Housing Development Authority to establish and administer a Housing Hardship Program to provide up to 3 months of emergency rental or mortgage assistance or up to $1,600 per month for 3 months, whichever is less, to eligible applicants who demonstrate a hardship or other extenuating circumstances that place them at risk of eviction or foreclosure. Lists certain financial hardships that qualify for assistance under the program. Provides that applicants may apply for assistance once every 2 years regardless of household income. Requires applicants to submit a financial affidavit supported by banking statements and other documentary evidence as prescribed by the Authority. Requires the Authority to provide assistance to eligible applicants based upon the following factors in order of priority: (1) Whether the applicant has never previously received housing or public assistance from any other State or federal program. (2) If the applicant has previously received housing or public assistance, the number of times the applicant received such assistance. (3) The severity of the applicant's declared hardship or circumstances. Amends the State Finance Act. Creates the Housing Hardship Program Fund.

Amends the Counties Code. Provides that a county shall not adopt, enforce, or implement any ordinance, resolution, policy, program, or other regulation that contains certain provisions such as imposing or threatening to impose a penalty against a resident, property owner, tenant, landlord, or other person as a consequence of requests for law enforcement or emergency assistance, on their own behalf or on behalf of another person in need of assistance, including, but not limited to, a request related to an incident of domestic violence, dating violence, sexual assault, stalking, or another act of violence or concerning an individual with a disability or a person entitled to protections under the Juvenile Court Act of 1987. Provides that if a county adopts, enforces, or implements a crime-free housing or nuisance ordinance, resolution, policy, program, or other regulation, then the county shall create the Office of the Crime Free Housing Coordinator. Provides that the coordinator shall be designated by the county board and shall have no less than 3 years of experience in social work, social services, or community advocacy. Provides that the coordinator shall receive fair housing training from a qualified fair housing program, including training specific to housing protections for survivors of domestic violence, dating violence, sexual assault, stalking, and other victims, persons with disabilities, and persons entitled to protection under the Juvenile Court Act of 1987. Provides that any resident, property owner, tenant, landlord, or other person that receives a notice to quit due to a violation of a crime-free housing or nuisance ordinance, resolution, policy, program, or other regulation shall be directed to the Office of the Crime Free Housing Coordinator by the county. Provides that a home rule county may not regulate tenancy in a manner inconsistent with this provision. Amends the Illinois Municipal Code and the Housing Authorities Act to make conforming changes.

Amends the Landlord Tenant Act to create a pet fee (any one-time non-refundable fee paid at the beginning of a tenancy to allow a pet to remain at the property for the duration of the tenancy) and "pet rent" (any recurring non-refundable fee paid alongside rent to allow a pet to remain at the property for the duration of the tenancy). Provides that a landlord may charge a tenant either a one-time pet fee or recurring pet rent, but not both. Provides that pet fees may not exceed $500 and pet rent may not exceed $25 for small animals and $50 for large animals per pet. Provides that a landlord may not charge a pet fee or pet rent for an assistance animal consistent with the Assistance Animal Integrity Act. Provides that nothing in the Act may be construed to require a landlord to charge either a pet fee or pet rent.

Amends the Landlord and Tenant Act. Prohibits a landlord from imposing a move-in fee. Provides that a landlord may not demand any charge for the processing, reviewing, or accepting of an application, or demand any other payment, fee, or charge before or at the beginning of the tenancy. Exempts entrance fees charged by nursing homes or similar institutions. Prohibits a landlord from renaming a fee or charge to avoid application of these provisions. Limits fees for the late payment of rent in certain situations. Provides that any provision of a lease, rental agreement, contract, or any similar document purporting to waive or limit these provisions is void and unenforceable as against public policy. Amends the Illinois Human Rights Act. Provides that State policy is that access to housing is a fundamental human right in preventing discrimination based on familial status or source of income in real estate transactions. Changes the definition of "source of income"by stating that the definition prohibits a person engaged in a real estate transaction from requiring a credit check before approving another person in the process of renting real property or requiring a move-in fee in lieu of a security deposit or in addition to a security deposit.