Illinois tenant screening laws

Illinois does not yet cap application fees, but you may not charge an application screening fee to an applicant who gives you a qualifying reusable tenant screening report. For leases signed after January 1, 2027, an application fee, including background checks, is capped at $50 (765 ILCS 705/30; 765 ILCS 705/35(c)(1)).

• A reusable report qualifies if a consumer reporting agency prepared it in the last 30 days at the applicant's request and expense, it states the date its information is current through and includes the applicant's name, contact information, income verification, last known address and eviction history check, it reaches you directly or through a qualifying third-party website at no cost, and it covers all the criteria you consistently use to screen applicants (765 ILCS 705/30(b)(1); 765 ILCS 705/30(a)).
• You may ask the applicant to state that nothing in the reusable report has materially changed, and you may still process an application as long as you charge no screening fee (765 ILCS 705/30(b)(2); 765 ILCS 705/30(d)).
• A local rule that gives applicants more protection than the reusable report rule applies instead (765 ILCS 705/30(c)).
• From 2027, you may charge more than $50 only for a third-party background check that actually costs more, that you paid for up front, and that you bill to the applicant with receipts within 14 days; otherwise the charge is waived. It can never be the basis for an eviction in the first year of the lease (765 ILCS 705/35(c)(1)).
• From 2027, you also may not charge an extra fee at application that duplicates screening costs or covers costs unrelated to screening (765 ILCS 705/35(c)(2)).
• The 2027 limits do not apply to owner-occupied buildings of 6 or fewer units (765 ILCS 705/35(e)).

The Illinois Human Rights Act bars discrimination in renting because of race, color, religion, national origin, ancestry, age, sex, marital status, order of protection status, disability, military status, sexual orientation, pregnancy, reproductive health decisions, unfavorable military discharge, familial status, immigration status, source of income or arrest record (775 ILCS 5/3-102; 775 ILCS 5/1-103).

• Source of income means the lawful manner by which a person supports themselves and their dependents (775 ILCS 5/1-103).
• The rental rules do not apply to an owner-occupied building of 4 or fewer units or to renting rooms in the owner's home, but the ban on discriminatory ads and statements still does (775 ILCS 5/3-106).
• Screening criteria that have a discriminatory effect are unlawful unless they are necessary to achieve a substantial, legitimate, non-discriminatory interest (775 ILCS 5/3-102).
• You may not tell a prospective landlord that a tenant used Safe Homes Act rights, or share information the tenant gave you to use them; doing so can cost up to $2,000 in damages (765 ILCS 750/27; 765 ILCS 750/29).
• Cook County's Just Housing guidance requires applicants to be evaluated against noncriminal criteria before a criminal check. Arrests without convictions cannot support denial. Covered convictions within three years require an individual assessment of demonstrable safety or property risk; current sex-offender registration and child-sex-offender residency restrictions have separate exceptions. The county does not require a criminal check, and the RTLO's small-owner exclusions should not be treated as a Just Housing exemption (Cook County Just Housing: landlord guidance).
• The county guidance calls for criteria and dispute-right disclosures before application fees, delivery of the background report within five business days, five business days for the applicant to dispute it, and three business days after dispute information to decide. A conviction-based denial needs a written risk explanation; review the county rules and their exceptions before using this procedure (Cook County Just Housing: dispute and notice guidance).
• The state definition of an arrest record includes an arrest without a conviction, a juvenile record, and criminal history information ordered expunged, sealed or impounded under Section 5.2 of the Criminal Identification Act. The housing provisions protect against discrimination based on that defined record, including in application questions and rental terms. Section 3-106 preserves an inquiry or use otherwise authorized by state or federal law. Check coverage and what a screening entry actually represents before using it; a broad criminal-history label does not establish that the information may lawfully be considered (775 ILCS 5/1-103(B-5); 775 ILCS 5/3-102; 775 ILCS 5/3-106(K)).