March 17, 2023 State Capitol Report

Only the House was in session this week and the primary focus was on appropriation committee hearings. In addition, much attention was given to negotiating possible amendments to the large number of bills that passed through committees last week. Your Illinois REALTORS® Legislative Team has been focused on the hundreds of bills that passed through the committee process last week that still need “tweaking” to remove their significant negative impact on the real estate industry. These issues include:

  • Tenant radon protection

  • Electric vehicle charging station mandate

  • Seller disclosures

  • Lead pipe replacement notification

  • Automatic sealed eviction records

  • Mobile home rent control

Regarding rent control, last week we reported on two bills, HB 2727 and HB 3104, that passed out of the House Housing Committee regarding rent control for manufactured housing. HB 2727 would mandate mobile home park owners to provide justification of any rent increases over 3 percent and HB 3104 would allow municipalities to establish rent control for manufactured housing communities. Illinois REALTORS® is part of a coalition continuing to oppose these bills. Clearly our concern is to keep all rent control mandates out of Illinois for every segment of housing. It is certainly worth noting as well that the main “rent control” bills (that either lifted the ban or imposed rent control outright) were HELD in the House Rules Committee or Senate Assignments and are now dormant.

Bill Considered this Week

Click the bill number to view additional information

House Revenue & Finance

The House Revenue & Finance Committee convened this week, but did not take votes on any of the following legislation but held a subject matter hearing with testimony from the Cook County Assessor.

This bill requires the owners of properties that are leased in Cook County to submit physical description information to the Cook County Assessor.

This bill requires the owners of properties that are leased in Cook County to submit income and expense information to the Cook County Assessor. Carol Portman testified in opposition to HB 1287 and HB 1288 as introduced; TFI and other groups remain engaged with the sponsor, Rep. Davis and the Cook County Assessor on these initiatives.

This bill makes the owner of leased exempt property liable for property taxes if they fail to file a copy of the lease with the Assessor.

This bill removes Cook County from the jurisdiction of the Property Tax Appeal Board (PTAB). Also requires appraisals submitted to PTAB to meet the Uniform Standards of Professional Appraisal Practice.

Bills on Third Reading in the House (Passage Stage)

This bill mandates that landlords cannot require only electronic rental payments.  Illinois REALTORS® is monitoring this legislation.

This bill provides “clean-up” language to the Residential Real Property Disclosure Act by clarifying that “seller” does not include a beneficiary who has both never occupied the property and has never had management responsibilities for the property. Illinois REALTORS® SUPPORTS this bill.

This bill creates the Tenant Radon Protection Act to allow tenants to test for radon and break the lease if radon is found in their rental until.  Illinois REALTORS® OPPOSES this legislation.

This bill is a collaboration with IDFPR and the various real estate related provisions to update and make things consistent between the varying licensing Acts within that Division.  Makes changes to the Auction License Act, Home Inspector Act, Leasing agents, Real Estate License Act and Real Estate Appraiser Licensing Act.  Illinois REALTORS® SUPPORTS this bill.

This bill amends the Residential Mortgage License Act to provide that each full-service office (rather than office, place of business, or location) at which a residential mortgage licensee conducts any part of his or her business, must be recorded with the Secretary of Financial and Professional Regulation (IDFPR). Provides that licensees may allow mortgage loan originators to work from a remote location if specified conditions are met. Illinois REALTORS® is monitoring this legislation.

This bill provides several new regulations for the Clean Air Act Permit Program (CAAPP) and/or Federally Enforceable State Operating Permit (FESOP) applicants in Environmental Justice areas.  Additional regulations involve local siting approval requirements for permits, additional public hearings before a permit is issued, the requirement to complete an environmental justice assessment identifying the potential environmental and health impacts and the requirement to pay a $200,000 permitting fee.  There are many concerns with this bill. Illinois REALTORS® is watching this legislation.

This bill prohibits IDFPR from using criminal background information in cases where the Department has already stated that information cannot be used against an applicant for licensure. Illinois REALTORS® is monitoring this legislation.

This bill allows a landlord to accept reusable tenant screening reports and provides requirements to be included in the  report. Illinois REALTORS® is monitoring this legislation.

Bills that passed the House and are heading to the Senate:

The bill provides that public utilities subject to the Illinois Commerce Commission (ICC) may not take or damage land through eminent domain without prior approval from ICC after the date of this act.  Illinois REALTORS® SUPPORTS this legislation.

This bill amends the Homeowners Energy Policy Statement Act by making several changes including paving a more clear path for homeowners seeking permission from homeowners’ associations regarding solar panel installation regardless of the HOA’s current policy.  Illinois REALTORS® is monitoring the bill.

Next Week: At-A-Glance

Both the Senate and House will return next week.  Both chambers will be engaged primarily on floor action with committee hearings springing up to consider proposed amendments to the hundreds of bills that passed out of the committees. Both chambers only need to provide 60-minute notice of committee hearings next week.

The deadline for House bills to be passed out of the House is Friday, March 24 and the deadline for Senate bills to be passed out of the Senate is the following Friday, March 31. 

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Thank you for reading the March 17, 2023 State Capitol Report. Click here to read previous reports.