SB0329sam001 104TH GENERAL ASSEMBLY

Sen. Steve Stadelman

Filed: 5/21/2026

10400SB0329sam001 LRB104 06447 RLC 38159 a

AMENDMENT TO SENATE BILL 329

AMENDMENT NO. ______. Amend Senate Bill 329 by replacing everything after the enacting clause with the following:

"Section 5. The Landlord and Tenant Act is amended by adding Section 35 as follows:

(765 ILCS 705/35 new)

Sec. 35. Broker fees.

(a) A residential property owner, landlord, lessor, or sublessor who retains a real estate broker or residential leasing agent to act as an agent in the leasing of residential real estate may not require, direct, or otherwise cause a broker or leasing agent to seek or collect any payment, fee, commission, or other charge from a tenant or prospective tenant for services performed for or at the direction of the property owner. This prohibition includes, but is not limited to, services related to listing the property, showing the property, screening or qualifying prospective tenants, and preparing or executing lease documents.

(b) A residential property owner, landlord, lessor, or sublessor may not demand or require that a tenant or prospective tenant retain, hire, or engage a real estate broker or residential leasing agent and pay the real estate broker or residential leasing agent a fee or commission as a condition to applying for or leasing a residential rental unit. A residential property owner, landlord, lessor, or sublessor may not demand or require that a tenant or prospective tenant make any payment in violation of subsection (a) of this Section.

(c) A tenant or prospective tenant alleging a violation of this Section may bring a civil action against the person or entity that is alleged to have violated this Section. The court may award the tenant or prospective tenant injunctive relief, monetary relief, attorney's fees, and costs.

(d) Nothing in this Section is intended to prohibit the following:

(1) A residential property owner, landlord, lessor, or sublessor from seeking or collecting an application or screening fee from a tenant or prospective tenant.

(2) A real estate broker or residential leasing agent from seeking or collecting any payment, fee, commission, or other charge from the party that retained the services of the real estate broker or residential leasing agent.

(e) This Section does not apply to a broker or residential leasing agent who enters into a dual agency relationship with both parties of the same lease under the requirements of Section 15-45 of the Real Estate License Act of 2000.".