Illinois 2023-2024 Regular Session

Illinois House Bill HB3874 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3874 Introduced , by Rep. Hoan Huynh SYNOPSIS AS INTRODUCED: New Act 815 ILCS 505/2Z from Ch. 121 1/2, par. 262Z Creates the Rent Control Act. Provides that no more than once every 12 months, upon a 90-day written notice, a landlord may increase the rent for a dwelling unit in which a tenant resides by a rate no greater than 15%. Provides that a landlord who temporarily removes a dwelling unit from the rental market and later relists the property for rent may only increase the rental rate charged for the unit in accordance with this Section, regardless of how long the dwelling unit is vacant. Provides that if the unit is vacant for more than 12 months, the permissible percentage change shall be calculated using the gross rental rate charged when the unit was last occupied. Provides that if a tenant is the first tenant to occupy a new dwelling unit, the 12-month period begins the first month in which the rental agreement states the tenant occupied the dwelling unit. Provides that if a new landlord purchases a dwelling or dwelling unit from a landlord with a current rental agreement, the new landlord is subject to the same restrictions as the former landlord and the new owner may only increase rent within the limits of the 12-month period previously established by the former landlord. Allows the Attorney General to enforce a violation of the Act as an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an affirmative defense and counterclaim in any eviction action that the landlord has charged rent in excess of the amount allowed under the Act. Makes a corresponding change in the Consumer Fraud and Deceptive Business Practices Act. LRB103 25926 LNS 52277 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3874 Introduced , by Rep. Hoan Huynh SYNOPSIS AS INTRODUCED: New Act 815 ILCS 505/2Z from Ch. 121 1/2, par. 262Z New Act 815 ILCS 505/2Z from Ch. 121 1/2, par. 262Z Creates the Rent Control Act. Provides that no more than once every 12 months, upon a 90-day written notice, a landlord may increase the rent for a dwelling unit in which a tenant resides by a rate no greater than 15%. Provides that a landlord who temporarily removes a dwelling unit from the rental market and later relists the property for rent may only increase the rental rate charged for the unit in accordance with this Section, regardless of how long the dwelling unit is vacant. Provides that if the unit is vacant for more than 12 months, the permissible percentage change shall be calculated using the gross rental rate charged when the unit was last occupied. Provides that if a tenant is the first tenant to occupy a new dwelling unit, the 12-month period begins the first month in which the rental agreement states the tenant occupied the dwelling unit. Provides that if a new landlord purchases a dwelling or dwelling unit from a landlord with a current rental agreement, the new landlord is subject to the same restrictions as the former landlord and the new owner may only increase rent within the limits of the 12-month period previously established by the former landlord. Allows the Attorney General to enforce a violation of the Act as an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an affirmative defense and counterclaim in any eviction action that the landlord has charged rent in excess of the amount allowed under the Act. Makes a corresponding change in the Consumer Fraud and Deceptive Business Practices Act. LRB103 25926 LNS 52277 b LRB103 25926 LNS 52277 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3874 Introduced , by Rep. Hoan Huynh SYNOPSIS AS INTRODUCED:
3	3	New Act 815 ILCS 505/2Z from Ch. 121 1/2, par. 262Z New Act 815 ILCS 505/2Z from Ch. 121 1/2, par. 262Z
4	4	New Act
5	5	815 ILCS 505/2Z from Ch. 121 1/2, par. 262Z
6	6	Creates the Rent Control Act. Provides that no more than once every 12 months, upon a 90-day written notice, a landlord may increase the rent for a dwelling unit in which a tenant resides by a rate no greater than 15%. Provides that a landlord who temporarily removes a dwelling unit from the rental market and later relists the property for rent may only increase the rental rate charged for the unit in accordance with this Section, regardless of how long the dwelling unit is vacant. Provides that if the unit is vacant for more than 12 months, the permissible percentage change shall be calculated using the gross rental rate charged when the unit was last occupied. Provides that if a tenant is the first tenant to occupy a new dwelling unit, the 12-month period begins the first month in which the rental agreement states the tenant occupied the dwelling unit. Provides that if a new landlord purchases a dwelling or dwelling unit from a landlord with a current rental agreement, the new landlord is subject to the same restrictions as the former landlord and the new owner may only increase rent within the limits of the 12-month period previously established by the former landlord. Allows the Attorney General to enforce a violation of the Act as an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an affirmative defense and counterclaim in any eviction action that the landlord has charged rent in excess of the amount allowed under the Act. Makes a corresponding change in the Consumer Fraud and Deceptive Business Practices Act.
7	7	LRB103 25926 LNS 52277 b LRB103 25926 LNS 52277 b
8	8	LRB103 25926 LNS 52277 b
9	9	A BILL FOR
10	10	HB3874LRB103 25926 LNS 52277 b HB3874 LRB103 25926 LNS 52277 b
11	11	HB3874 LRB103 25926 LNS 52277 b
12	12	1 AN ACT concerning civil law.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 1. Short title. This Act may be cited as the Rent
16	16	5 Control Act.
17	17	6 Section 5. Definitions. As used in this Act:
18	18	7 "Consideration" includes, but is not limited to, money and
19	19	8 the fair market value of goods and services rendered for the
20	20	9 benefit of the landlord under the rental agreement.
21	21	10 "Dwelling" means any privately owned parcel of real
22	22	11 property in the State that is assessed and taxed as an
23	23	12 undivided whole with one or more dwelling units rented or
24	24	13 available for rent for residential use and occupancy on or
25	25	14 after the effective date of this Act. "Dwelling" includes a
26	26	15 dwelling unit within a common-interest community, including a
27	27	16 condominium or cooperative building, that is held out for rent
28	28	17 and not occupied by the owner of record. "Dwelling" does not
29	29	18 include a commercial unit in a mixed-use development, hospital
30	30	19 or skilled nursing facility, transitory dwelling that is not
31	31	20 ordinarily occupied by the same tenant for more than 31 days,
32	32	21 convent or monastery, extended care facility, asylum or
33	33	22 not-for-profit home for the aged, temporary overnight shelter,
34	34	23 transitional shelter, dormitory owned and operated by an
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38	38	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3874 Introduced , by Rep. Hoan Huynh SYNOPSIS AS INTRODUCED:
39	39	New Act 815 ILCS 505/2Z from Ch. 121 1/2, par. 262Z New Act 815 ILCS 505/2Z from Ch. 121 1/2, par. 262Z
40	40	New Act
41	41	815 ILCS 505/2Z from Ch. 121 1/2, par. 262Z
42	42	Creates the Rent Control Act. Provides that no more than once every 12 months, upon a 90-day written notice, a landlord may increase the rent for a dwelling unit in which a tenant resides by a rate no greater than 15%. Provides that a landlord who temporarily removes a dwelling unit from the rental market and later relists the property for rent may only increase the rental rate charged for the unit in accordance with this Section, regardless of how long the dwelling unit is vacant. Provides that if the unit is vacant for more than 12 months, the permissible percentage change shall be calculated using the gross rental rate charged when the unit was last occupied. Provides that if a tenant is the first tenant to occupy a new dwelling unit, the 12-month period begins the first month in which the rental agreement states the tenant occupied the dwelling unit. Provides that if a new landlord purchases a dwelling or dwelling unit from a landlord with a current rental agreement, the new landlord is subject to the same restrictions as the former landlord and the new owner may only increase rent within the limits of the 12-month period previously established by the former landlord. Allows the Attorney General to enforce a violation of the Act as an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an affirmative defense and counterclaim in any eviction action that the landlord has charged rent in excess of the amount allowed under the Act. Makes a corresponding change in the Consumer Fraud and Deceptive Business Practices Act.
43	43	LRB103 25926 LNS 52277 b LRB103 25926 LNS 52277 b
44	44	LRB103 25926 LNS 52277 b
45	45	A BILL FOR
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51	51	New Act
52	52	815 ILCS 505/2Z from Ch. 121 1/2, par. 262Z
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56	56	LRB103 25926 LNS 52277 b
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71	71	1 elementary school, high school, or institution of higher
72	72	2 learning, student housing accommodation wherein a housing
73	73	3 agreement or housing contract is entered into between the
74	74	4 student and an institution of higher learning or student
75	75	5 housing wherein the institution exercises control or
76	76	6 supervision of the student, or student housing owned and
77	77	7 operated by a tax-exempt organization affiliated with an
78	78	8 institution of higher learning.
79	79	9 "Dwelling unit" refers to any building, structure, or part
80	80	10 thereof, or land appurtenant thereto, or any other rental
81	81	11 property rented or offered for rent for residential purposes,
82	82	12 including any apartment in any building and any trailer or
83	83	13 mobile manufactured home, together with all common areas and
84	84	14 recreational facilities held out for use by the tenant.
85	85	15 "Dwelling unit" does not include a subsidized housing unit or
86	86	16 unit with rent that is controlled, regulated, or subsidized by
87	87	17 any governmental unit, agency, or authority.
88	88	18 "Landlord" means an owner of record, agent, lessor, or
89	89	19 sublessor, or the successor in interest of any of them, of a
90	90	20 dwelling or dwelling unit.
91	91	21 "New dwelling unit" means a dwelling unit that has never
92	92	22 previously been occupied by any tenant or that has not been the
93	93	23 subject of any rental agreement between any landlord and
94	94	24 tenant. "New dwelling unit" does not mean a dwelling unit that
95	95	25 is under new ownership if the dwelling unit has previously
96	96	26 been occupied by a tenant under a previous landlord or owner.
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107	107	1 "Rent" means the consideration demanded or received in
108	108	2 connection with the use and occupancy of a dwelling unit.
109	109	3 "Rent" does not include a security deposit or other fund held
110	110	4 in trust for the tenant but includes other fees, costs, and
111	111	5 consideration, regardless of whether they are denominated as
112	112	6 rent.
113	113	7 "Rental agreement" means an agreement, oral, written, or
114	114	8 implied, between a landlord and tenant for use or occupancy of
115	115	9 a dwelling unit and associated services.
116	116	10 "Subsidized housing" has the meaning given to that term in
117	117	11 Section 3 of the Subsidized Housing Joint Occupancy Act.
118	118	12 "Tenant" means a person entitled by a rental agreement,
119	119	13 subtenancy approved by the landlord, or by sufferance, to
120	120	14 occupy a dwelling unit.
121	121	15 Section 10. Establishment of annual rent increase limit.
122	122	16 (a) A landlord may increase the rent no more than once
123	123	17 every 12 months. A landlord may not increase the rent beyond
124	124	18 what is permitted by this Section, regardless of whether a
125	125	19 tenant moves out of, or is otherwise displaced from, the
126	126	20 dwelling unit, or ownership or management of the dwelling unit
127	127	21 has changed. If a landlord has not increased the rent within 12
128	128	22 months before a tenant moves into the dwelling unit, the
129	129	23 landlord may only increase the rent to the extent allowed by
130	130	24 this Section.
131	131	25 (b) No more than once every 12 months, upon a 90-day
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142	142	1 written notice, a landlord may increase the rent for a
143	143	2 dwelling unit in which a tenant resides by a rate no greater
144	144	3 than 15%. The permissible percentage change shall be
145	145	4 calculated using the lowest gross rental rate charged for that
146	146	5 dwelling unit at any time during the 12 months prior to the
147	147	6 effective date of the increase.
148	148	7 (c) A landlord who temporarily removes a dwelling unit
149	149	8 from the rental market and later relists the property for rent
150	150	9 may only increase the rental rate charged for the unit in
151	151	10 accordance with this Section, regardless of how long the
152	152	11 dwelling unit is vacant. If the unit is vacant for more than 12
153	153	12 months, the permissible percentage change shall be calculated
154	154	13 using the gross rental rate charged when the unit was last
155	155	14 occupied.
156	156	15 (d) If a tenant is the first tenant to occupy a new
157	157	16 dwelling unit, the 12-month period begins the first month in
158	158	17 which the rental agreement states the tenant occupied the
159	159	18 dwelling unit.
160	160	19 (e) If a new landlord purchases a dwelling or dwelling
161	161	20 unit from a landlord with a current rental agreement, the new
162	162	21 landlord is subject to the same restrictions set forth in this
163	163	22 Section and the new owner may only increase rent within the
164	164	23 limits of the 12-month period previously established by the
165	165	24 former landlord.
166	166	25 Section 15. Private enforcement.
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177	177	1 (a) The Attorney General may enforce any violation of this
178	178	2 Act as an unlawful practice under the Consumer Fraud and
179	179	3 Deceptive Business Practices Act.
180	180	4 (b) It is an affirmative defense and counterclaim in any
181	181	5 eviction action that the landlord has charged rent in excess
182	182	6 of the amount allowed under this Act.
183	183	7 Section 20. The Consumer Fraud and Deceptive Business
184	184	8 Practices Act is amended by changing Section 2Z as follows:
185	185	9 (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
186	186	10 Sec. 2Z. Violations of other Acts. Any person who
187	187	11 knowingly violates the Automotive Repair Act, the Automotive
188	188	12 Collision Repair Act, the Home Repair and Remodeling Act, the
189	189	13 Dance Studio Act, the Physical Fitness Services Act, the
190	190	14 Hearing Instrument Consumer Protection Act, the Illinois Union
191	191	15 Label Act, the Installment Sales Contract Act, the Job
192	192	16 Referral and Job Listing Services Consumer Protection Act, the
193	193	17 Travel Promotion Consumer Protection Act, the Credit Services
194	194	18 Organizations Act, the Automatic Telephone Dialers Act, the
195	195	19 Pay-Per-Call Services Consumer Protection Act, the Telephone
196	196	20 Solicitations Act, the Illinois Funeral or Burial Funds Act,
197	197	21 the Cemetery Oversight Act, the Cemetery Care Act, the Safe
198	198	22 and Hygienic Bed Act, the Illinois Pre-Need Cemetery Sales
199	199	23 Act, the High Risk Home Loan Act, the Payday Loan Reform Act,
200	200	24 the Predatory Loan Prevention Act, the Mortgage Rescue Fraud
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211	211	1 Act, subsection (a) or (b) of Section 3-10 of the Cigarette Tax
212	212	2 Act, subsection (a) or (b) of Section 3-10 of the Cigarette Use
213	213	3 Tax Act, the Electronic Mail Act, the Internet Caller
214	214	4 Identification Act, paragraph (6) of subsection (k) of Section
215	215	5 6-305 of the Illinois Vehicle Code, Section 11-1431, 18d-115,
216	216	6 18d-120, 18d-125, 18d-135, 18d-150, or 18d-153 of the Illinois
217	217	7 Vehicle Code, Article 3 of the Residential Real Property
218	218	8 Disclosure Act, the Automatic Contract Renewal Act, the
219	219	9 Reverse Mortgage Act, Section 25 of the Youth Mental Health
220	220	10 Protection Act, the Personal Information Protection Act, or
221	221	11 the Student Online Personal Protection Act, or the Rent
222	222	12 Control Act commits an unlawful practice within the meaning of
223	223	13 this Act.
224	224	14 (Source: P.A. 100-315, eff. 8-24-17; 100-416, eff. 1-1-18;
225	225	15 100-863, eff. 8-14-18; 101-658, eff. 3-23-21.)
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