April 14, 2025 State Capitol Report

The House and the Senate were in for the full session last week to get bills out of their original chamber and sent over to the opposite chambers. The House began their week on Monday afternoon and the Senate followed suit the next day. Each day last week consisted of long and grueling hours because of an extraordinary amount of legislative action on the floor. Both chambers finally adjourned early Friday afternoon.

Your Illinois REALTORS® State Legislative team engaged the elected officials on several matters each day on negotiations and amendments to legislation that could negatively impact you and your clients, while remaining focused on the advancement of our “Housing Stability and Affordability Initiative.” Below are highlights of bills that received legislative attention last week.

Illinois REALTORS® Housing Stability & Affordability Initiative

Learn more about the “Housing Stability & Affordability Initiative” at www.illinoisrealtors.org/housing.

HB 1814 is one of the five bills included in the Illinois REALTORS® “Housing Stability & Affordability Initiative.” The legislation doesn’t just tackle density head-on; it combats negative gentrification and the implicit segregation that can be caused by traditional zoning practices. HB 1814 provides for moderate increases in neighborhood density, without dramatic increases in the cost of living – or positive gentrification (the type that does not displace current residents, redefine the character of neighborhoods, or cause surrounding property values to increase at an unhealthy pace). By allowing more housing types on larger lots, developers and builders can design “missing middle” housing to meet the needs of tomorrow’s home buyers, while reducing sprawl and costly land acquisition costs. Your Illinois REALTORS® made a promise to House Housing committee  members that we would not advance the bill without meeting again with various legislators and groups to address any remaining concerns. We were able to have a very productive and promising discussion with all parties involved.

Although the bill did not advance last week, conversations will continue regarding HB 1814 with the collective goal of advancing this legislation during the 2025 session.

HB 1813 aims to be the first of many steps needed to remove unnecessary barriers to housing availability and development. The bill creates the “Local Accessory Dwelling Unit Act” to balance the need for more housing while ensuring safety standards. Under the direction of municipalities, ADUs offer a quick, affordable housing solution due to their size and ability to increase housing density without raising the cost of living dramatically. HB 1813 has a tremendous amount of support from legislators and gained a lot of momentum and attention last week. HB 1813 was not called on the House Floor for a vote, but has the commitment from several legislators to continue the discussions needed to move it forward in the legislative process this year.

Bills of Interest

The following pieces of legislation are bills your Illinois REALTORS® State Legislative Team are currently actively engaged in and saw legislative action this week.

HB1929 – House Amendment 1 – Amends the Illinois Human Rights Act to create a new civil rights violation “to inquire into a person’s conviction record prior to making a conditional offer to sell, lease, or rent real property.” “Conditional Offer” means an offer to sell, lease, or rent real property contingent on conducting a criminal history check or criminal background check.” Specifically, the bill provides that it would be a civil rights violation for an owner, real estate broker, or salesman, because of a conviction record, to refuse to engage in a real estate transaction. HA1 was offered by the Department of Human Rights and was a gut a replace amendment creating a entirely new bill. Your Illinois REALTORS® State Legislative Team OPPOSED HA1 to HB 1929 and after discussions with the sponsor, the bill did not advance this week and was re-referred back to the Rules Committee and is to not be called for a vote during the 2025 spring session.

SB 1955 amends the Code of Civil Procedure. Provides that in the Eviction Article the term “impounded” has the meaning ascribed to the term in the Court Record and Document Accessibility Act. In that Article, replaces the term “seal” with “impound”. The bill is an initiative of the Chicago Bar Association to codify changes in criminal terminology into Illinois’ Civil Code. Illinois REALTORS® OPPOSE SB 1955 due to one very problematic section that can be found in the final paragraph of the 58-page bill. Sec (b-5) would change Illinois’ Civil Code to allow sealing or “impounding” of eviction files “upon agreement” of all parties. Even with the language stating “upon agreement,” SB 1955, and in particular section (b-5), is an attempt to prevent the public from being able to see a perspective tenants’ eviction records. Illinois REALTORS® remained OPPOSED and after several negotiations without an agreement, SB 1955 was not called on the Senate Floor for a vote and is not expected to be re-visited this session.

EPA filing fees for very specific applications have not been increased in over 20 years. HB 1305 increases the one time filing fee for a specific application from $75 to $250. EPA reports that this increase will apply to a very specialized group and will only impact a few businesses. Your Illinois REALTORS® are NEUTRAL on this bill as it only impacts a small specialized group of businesses. HB 1305 passed the House 76-40-0

HB 1605 provides that a conservation right includes preserving cultural heritage sites. Also allows for a property owner to convey a conservation right to a federally recognized Indian tribe. The bill passed the House 97-16-0

HB 1843 Provides that the powers relating to zoning powers of a municipality may not be used in any way that violates Illinois or federal law, including the federal Fair Housing Act and the Americans with Disabilities. Illinois REALTORS® SUPPORTS this legislation and the bill passed the House 77-35-0.

HB 3616 states that in provisions requiring the Illinois Housing Development Authority (IHDA) to determine which local governments are exempt or not exempt from the Act’s requirements, IHDA must collect data and make calculations based on several factors outlined in the bill. Illinois REALTORS® does not have a position on the bill and continues to monitor this legislation. The bill passed the House 114-0-0.

As amended, your Illinois REALTORS® strongly OPPOSE HB 3652. The sponsor has pledged to work with us in the Senate to remove our opposition. The bill requires that all covered buildings (residential and commercial) must have a hired-wired device installed by 2028 that detects Co2 gas in the building. While your Illinois REALTORS® supports and promotes this safety measure, we OPPOSE the provision and mandates with-in this bill and will continue to work on this bill with the sponsor and the company that is seeking to place these devices in all buildings. The bill passed the House 76-38-0.

SB 1383 extends the repeal date of the Condo ombudsman program from January 1, 2026 to January 1, 2029. Your Illinois REALTORS® SUPPORTS this legislation which passed the Senate 56-0-0.

SB 1523 amends the Counties Code to provide that any person who files a deed that is fraudulent may be held liable to the rightful property owner affected in an action. The bill also requires every county to establish and maintain a property fraud alert system. Requires every recorder to establish a fraud referral and review process to review deeds and instruments. Your Illinois REALTORS® SUPPORT this legislation. SB 1523 passed the Senate 51-0-0.

SB 1563 has been introduced because several media reports of individuals moving into a residence while the lawful resident was absent for period of time (i.e. hospitalization, extended vacation, nursing home, etc). Current state trespassing law is not clear on how to evict these people due to recent changes in the criminal law. This bill attempts to clarify that law enforcement has the right to enforce the offense of criminal trespass, under the Criminal Code, and to be able to remove individuals or their property from the premises when there is a criminal trespass. Your Illinois REALTORS® is monitoring this legislation. The bill passed the Senate 55-1-0.

Due to deaths and accidents of firefighters, SB 1742 has been introduced. With the amendment, the bill will require all skylights and other openings located in the plane of a low-sloped roof that are not otherwise required to remain open and unobstructed to be either glazed or provided with some sort of guard that is designed to withstand at least 400 pounds. Your Illinois REALTORS is NEUTRAL on this legislation and SB 1742 passed the Senate 51-4-0.

HB 3564 amends the Landlord and Tenant Act. Provides that a landlord, lessor, sublessor, or grantor may charge a fee to reimburse costs associated with conducting a background check if the cumulative fee for a check is no more than the actual cost of the background check or $20, whichever is less. It allows this fee if the potential tenant provides a copy of a background check conducted within the past 30 days. Prohibits a landlord from imposing a move-in fee. Unless provided by law elsewhere, 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 as defined by Nursing Home Care Act 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. Any provision of a lease, rental agreement, contract, or any similar document purporting to waive or limit these provisions is void and unenforceable against public policy. Through a miscommunication with the sponsor,  it was stated on the House Floor that Illinois REALTORS® did not have a position on the bill. We OPPOSE this legislation that passed the House 61-43-0 and are among several organizations and will continue to work on the bill in the Senate.

HB 3566 amends the Eviction Article of the Code of Civil Procedure. Requires dismissal of a complaint in its entirety against all defendants if the complaint names a defendant who is a minor at the time of filing or was a minor at the time that the lease agreement at issue was entered. Provides that such an action shall be immediately sealed. Provides that, in addition to any other remedies available to the minor, a minor named as a defendant in violation of the Act is entitled to reasonable attorney’s fees, actual damages, and liquidated damages in the amount of $1,000. Provides that nothing in the Act prohibits a party from refiling an action against any defendants who otherwise may be properly named. Provides that, upon dismissing the case, the court may not waive any fees associated with refiling the action against defendants otherwise properly named. Your State Legislative Team has been actively involved in the legislation the entire Spring. An amendment was made upon the REALTORS® request and we’re NEUTRAL on HB 3566. The bill passed the House 73-38-0 and will be sent to the Senate.

HB 3526 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. The bill was heard in the House Housing Committee this week but ultimately was never called for a vote on the House Floor and likely will not be revisited this year.

This Week At-A-Glance

This week, both the House and the Senate are on Spring Break, with the House returning April 22nd and the Senate returning the following week on April 29. We have reached the halfway point of the 2025 Legislative Session and are still actively involved with several pieces of legislation and will continue working to advance the Illinois REALTORS® Housing Stability and Affordability Initiative and as always…Stay Tuned!!

Thank you for reading the April 14, 2025 State Capitol Report. Click here to read previous reports.