103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1628

 

Introduced 2/1/2023, by Rep. Anne Stava-Murray

 

SYNOPSIS AS INTRODUCED:
 
765 ILCS 705/4 new

    Amends the Landlord and Tenant Act. Provides that a landlord shall not require a tenant or prospective tenant to remit any amount due to the landlord under a residential lease, renewal, or extension agreement by means of an electronic funds transfer, including, but not limited to, an electronic funds transfer system that automatically transfers funds on a regular, periodic, and recurring basis. Provides that, beginning 90 days after the effective date of the amendatory Act, a violation is an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Applies to leases or agreements executed after the effective date of the amendatory Act.


LRB103 26210 LNS 52569 b

 

 

A BILL FOR

 

HB1628LRB103 26210 LNS 52569 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Landlord and Tenant Act is amended by
5adding Section 4 as follows:
 
6    (765 ILCS 705/4 new)
7    Sec. 4. Payment by electronic funds transfer.
8    (a) As used in this Section, "electronic funds transfer"
9means a transfer of funds, other than a transaction originated
10by check, draft, or similar paper instrument, that is
11initiated through an electronic terminal, telephone, computer,
12or magnetic tape for the purpose of ordering, instructing, or
13authorizing a financial institution to debit or credit a
14consumer's account, including, but not limited to, through the
15use of an automated clearing house system.
16    (b) A landlord shall not require a tenant or prospective
17tenant to remit any amount due to the landlord under a
18residential lease, renewal, or extension agreement by means of
19an electronic funds transfer, including, but not limited to,
20an electronic funds transfer system that automatically
21transfers funds on a regular, periodic, and recurring basis.
22    (c) Beginning 90 days after the effective date of this
23amendatory Act of the 103rd General Assembly, a landlord who

 

 

HB1628- 2 -LRB103 26210 LNS 52569 b

1violates this Section is guilty of an unlawful practice under
2the Consumer Fraud and Deceptive Business Practices Act.
3    (d) This Section applies to leases or agreements executed
4after the effective date of this amendatory Act of the 103rd
5General Assembly.