Illinois 94th Regular Session Status: Enacted

HB 328 — LEASES- PAY RENT AT OFFICE

Last action — Public Act . . . . . . . . . 94-0002

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 21, 2005. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    0 primary, 2 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Code of Civil Procedure. Provides that, if the lessor (or agent of the lessor) of residential real property, containing 100 or more residential units in either a single building or a complex of buildings, maintains a business office on the premises of the building or complex that has regularly scheduled office hours, the lessor (or agent of the lessor) must accept rent payments from a lessee of any of those residential units at that business office during the office's regularly scheduled office hours, and the lessor may not impose any penalty, fee, or charge for making timely rent payments in this manner. Applies to leases and rental agreements in effect on the effective date unless the lease or rental agreement contains specific language that is in conflict. Provides that any provision of a lease or other rental agreement entered into, extended, or renewed on or after the effective date of the amendatory Act that conflicts with the new provisions is void and unenforceable. Amends the Landlord and Tenant Act to create a cross-reference to the new provisions in the Code of Civil Procedure. Effective immediately.

Bill Text

What changed in the latest version

24 added · 22 removed

Plain-language change summary

The recent amendment to Bill HB 328 clarified that landlords cannot impose any penalties or fees for timely rent payments made in a certain manner, but they can refuse cash payments. This is significant because it protects tenants from unfair charges while also giving landlords the right to specify acceptable payment methods. The changes ensure that if any new lease agreements conflict with this provision, those conflicting parts will not be enforceable, strengthening tenant protections in rental agreements.

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Previous
Latest
HB0328 Engrossed LRB094 05172 RCE 35214 b AN ACT concerning property.
HB0328 Enrolled LRB094 05172 RCE 35214 b AN ACT concerning property.
(a) If the lessor, or agent of the lessor, of residential real property, containing 100 or more residential units in either a single building or a complex of buildings, maintains a business office on the premises of the building or complex that has regularly scheduled office hours, then the lessor, or agent of the lessor, must accept rent payments from a lessee of any of those residential units at that business office during the regularly scheduled office hours and the lessor may not impose any penalty, fee, or charge for making timely rent payments in this manner.
(a) If the lessor, or agent of the lessor, of residential real property, containing 100 or more residential units in either a single building or a complex of buildings, maintains a business office on the premises of the building or complex that has regularly scheduled office hours, then the lessor, or agent of the lessor, must accept rent payments from a lessee of any of those residential units at that business office during the regularly scheduled office hours and the lessor may not impose any penalty, fee, or charge for making rent payments in this manner that are otherwise considered timely under the lease, but the landlord may refuse to accept payment by cash when rent payments are made in this manner.
(765 ILCS 705/3 new) HB0328 Engrossed - 2 - LRB094 05172 RCE 35214 b Sec.
HB0328 Enrolled - 2 - LRB094 05172 RCE 35214 b (765 ILCS 705/3 new) Sec.
View plain text versions (3)

Action History

  1. Public Act . . . . . . . . . 94-0002

  2. Effective Date May 31, 2005

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Senate Floor Amendment No. 1 House Concurs 117-000-000

  7. Senate Floor Amendment No. 1 Motion to Concur Recommends be Adopted Rules Committee; 003-002-000

  8. Senate Floor Amendment No. 1 Motion to Concur Referred to Rules Committee

  9. Senate Floor Amendment No. 1 Motion Filed Concur Rep. Michael J. Madigan

  10. Placed on Calendar Order of Concurrence Senate Amendment(s) 1

  11. Arrived in House

  12. Third Reading - Passed; 058-000-000

  13. Placed on Calendar Order of 3rd Reading May 18, 2005

  14. Senate Floor Amendment No. 1 Adopted; Collins

  15. Recalled to Second Reading

  16. Senate Floor Amendment No. 1 Recommend Do Adopt Housing & Community Affairs; 009-000-000

  17. Senate Floor Amendment No. 1 Rules Refers to Housing & Community Affairs

  18. Placed on Calendar Order of 3rd Reading May 12, 2005

  19. Second Reading

  20. Senate Floor Amendment No. 1 Referred to Rules

  21. Senate Floor Amendment No. 1 Filed with Secretary by Sen. Jacqueline Y. Collins

  22. Added as Alternate Co-Sponsor Sen. Pamela J. Althoff

  23. Placed on Calendar Order of 2nd Reading April 21, 2005

  24. Do Pass Housing & Community Affairs; 008-000-000

  25. Assigned to Housing & Community Affairs

  26. Referred to Rules

  27. First Reading

  28. Chief Senate Sponsor Sen. Jacqueline Y. Collins

  29. Placed on Calendar Order of First Reading February 16, 2005

  30. Arrive in Senate

  31. Third Reading - Short Debate - Passed 114-000-000

  32. Placed on Calendar Order of 3rd Reading - Short Debate

  33. Second Reading - Short Debate

  34. Placed on Calendar 2nd Reading - Short Debate

  35. Do Pass / Short Debate Judiciary I - Civil Law Committee; 014-000-000

  36. Assigned to Judiciary I - Civil Law Committee

  37. Referred to Rules Committee

  38. First Reading

  39. Chief Co-Sponsor Rep. Barbara Flynn Currie

  40. Filed with the Clerk by Rep. Michael J. Madigan

Sponsors

  • Michael J. Madigan · Cosponsor
  • Pamela J. Althoff · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 2 co-sponsors · 181 not signed on

Sponsors (0)

None.

Co-sponsors (2)

  • Michael J. Madigan
  • Pamela J. Althoff

Not signed on (181)

181 members have not signed on to this bill.

Show all 181 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 117 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 105001
Democrat 9000
Republican 3000
Total 117001
% of votes cast 99%0%0%1%
How each member voted (118)
Member Party Vote
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Schock — Yea
Sommer — Yea
Soto — Yea
Acevedo — Yea
Bassi — Yea
Mathias — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Mulligan — Yea
Jefferson — Yea
Jenisch — Yea
Osmond — Yea
Lang — Yea
Leitch — Yea
Pihos — Yea
Bailey — Yea
Dugan — Yea
Lindner — Yea
McAuliffe — Yea
Lyons, Eileen — Yea
McCarthy — Yea
Mendoza — Yea
Reitz — Yea
Lyons, Joseph — Yea
Meyer — Yea
Millner — Yea
Moffitt — Yea
Molaro — Yea
Scully — Yea
Tenhouse — Yea
Tryon — Yea
Turner — Yea
McGuire — Yea
Bradley, John — Yea
Bradley, Richard — Yea
Brady — Yea
Mitchell, Bill — Yea
Hannig — Yea
Burke — Yea
Sullivan — Yea
Mitchell, Jerry — Yea
Howard — Yea
Chavez — Yea
Churchill — Yea
Dunkin — Yea
Dunn — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Giles — Yea
Gordon — Yea
Graham — Yea
Granberg — Yea
Hamos — Yea
Hassert — Yea
Holbrook — Yea
Krause — Yea
Madigan — Yea
Watson — Yea
Jones — Yea
McKeon — Not Voting
Munson — Yea
Davis, Monique — Yea
Myers — Yea
Nekritz — Yea
Parke — Yea
Phelps — Yea
Verschoore — Yea
Wait — Yea
Washington — Yea
Winters — Yea
Yarbrough — Yea
Younge — Yea
Colvin — Yea
Coulson — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Daniels — Yea
Hultgren — Yea
Jakobsson — Yea
Kosel — Yea
Osterman — Yea
Patterson — Yea
Poe — Yea
Pritchard — Yea
Reis — Yea
Ryg — Yea
Chapa LaVia — Yea
Eva-Dina Delgado Democrat Yea
Jay Hoffman Democrat Yea
Lakesia Collins Democrat Yea
Michael J. Kelly Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea

Official roll call →

Third Reading

Passed 58 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 52001
Democrat 5000
Republican 1000
Total 58001
% of votes cast 98%0%0%2%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Lauzen — Yea
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Burzynski — Yea
Geo-Karis — Not Voting
Halvorson — Yea
Munoz — Yea
Link — Yea
Brady — Yea
Luechtefeld — Yea
Meeks — Yea
Sullivan, D. — Yea
Pankau — Yea
Peterson — Yea
Sullivan, J. — Yea
Petka — Yea
Schoenberg — Yea
Shadid — Yea
Jacobs — Yea
Sieben — Yea
Jones, J. — Yea
Cullerton — Yea
Watson — Yea
Jones, W. — Yea
Silverstein — Yea
Demuzio — Yea
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Winkel — Yea
Wojcik — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Forby — Yea
Garrett — Yea
Haine — Yea
Hendon — Yea
Radogno — Yea
Raoul — Yea
Rauschenberger — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Roskam — Yea
Rutherford — Yea
del Valle — Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Third Reading

Passed 114 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 103003
Democrat 8001
Republican 3000
Total 114004
% of votes cast 97%0%0%3%
How each member voted (118)
Member Party Vote
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Schock — Yea
Yarbrough — Yea
Madigan — Yea
Acevedo — Yea
Bassi — Yea
Mathias — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Biggins — Yea
Mautino — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Colvin — Yea
Coulson — Yea
Moffitt — Yea
Munson — Yea
Jakobsson — Yea
Jefferson — Yea
Jenisch — Yea
Soto — Yea
Lang — Yea
Leitch — Yea
Lindner — Yea
Bailey — Yea
McAuliffe — Yea
McCarthy — Yea
Lyons, Eileen — Yea
Mendoza — Yea
Meyer — Yea
Reitz — Yea
Lyons, Joseph — Yea
Scully — Yea
Sommer — Yea
McGuire — Yea
Bradley, John — Yea
Bradley, Richard — Yea
Brady — Yea
Dugan — Yea
Dunkin — Yea
Dunn — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Giles — Yea
Gordon — Yea
Graham — Yea
Granberg — Yea
Krause — Yea
Mitchell, Bill — Yea
Hannig — Yea
Burke — Yea
Sullivan — Yea
Mitchell, Jerry — Yea
McKeon — Not Voting
Millner — Yea
Molaro — Not Voting
Mulligan — Yea
Howard — Yea
Myers — Yea
Nekritz — Yea
Osmond — Yea
Parke — Yea
Watson — Yea
Phelps — Yea
Tenhouse — Yea
Tryon — Yea
Davis, Monique — Yea
Turner — Yea
Jones — Not Voting
Verschoore — Yea
Wait — Yea
Washington — Yea
Winters — Yea
Younge — Yea
Chavez — Yea
Churchill — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Daniels — Yea
Hamos — Yea
Hassert — Yea
Holbrook — Yea
Hultgren — Yea
Kosel — Yea
Osterman — Yea
Patterson — Yea
Pihos — Yea
Poe — Yea
Pritchard — Yea
Reis — Yea
Ryg — Yea
Chapa LaVia — Yea
Eva-Dina Delgado Democrat Yea
Jay Hoffman Democrat Yea
Lakesia Collins Democrat Yea
Michael J. Kelly Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Not Voting
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does HB 328 do?
Amends the Code of Civil Procedure. Provides that, if the lessor (or agent of the lessor) of residential real property, containing 100 or more residential units in either a single building or a complex of buildings, maintains a business office on the premises of the building or complex that has regularly scheduled office hours, the lessor (or agent of the lessor) must accept rent payments from a lessee of any of those residential units at that business office during the office's regularly scheduled office hours, and the lessor may not impose any penalty, fee, or charge for making timely rent payments in this manner. Applies to leases and rental agreements in effect on the effective date unless the lease or rental agreement contains specific language that is in conflict. Provides that any provision of a lease or other rental agreement entered into, extended, or renewed on or after the effective date of the amendatory Act that conflicts with the new provisions is void and unenforceable. Amends the Landlord and Tenant Act to create a cross-reference to the new provisions in the Code of Civil Procedure. Effective immediately.
Who sponsors HB 328?
HB 328 is sponsored by Michael J. Madigan and Pamela J. Althoff.
What is the current status of HB 328?
This bill has been enacted into law. Introduced January 21, 2005. Enacted.
Where can I track HB 328?
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