SB2912sam001 104TH GENERAL ASSEMBLY

Sen. Steve Stadelman

Filed: 3/4/2026

10400SB2912sam001 LRB104 16681 JRC 35130 a

AMENDMENT TO SENATE BILL 2912

AMENDMENT NO. ______. Amend Senate Bill 2912 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 real estate broker or residential leasing agent who rents or leases residential real estate as an agent of a residential property owner, landlord, lessor, or sublessor may not demand, receive, or retain any payment, fee, commission, or other charge from a tenant or prospective tenant for any services for the listing, showing, qualifying of prospective tenants, preparation and execution of documents, or other action arising out of the leasing of a residential property on behalf of the residential property owner, landlord, lessor, or sublessor.

(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) 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.".