In the early hours of June 1, both chambers of the Illinois General Assembly gaveled out of the 2025 regular spring session and will not return to Springfield until the fall veto session scheduled for October 14-16 and 28-30. The legislature passed 432 of the 6747 bills that were filed.

The IRELA Legislative Committee continued its weekly bill review process throughout the session to identify all relevant legislation. The committee identified and reviewed 61 bills applicable to real estate lawyers. These bills were discussed and debated, positions taken (support, oppose, neutral), lobbied, and tracked.

The committee proactively engaged on a few bills on behalf of IRELA members. They are as follows:

SB 1563 (Sen. Collins/Rep. J. Williams) – Eviction-Criminal Trespass: Provides that nothing in the Eviction Article may be construed to: (i) prohibit law enforcement officials from enforcing the offense of criminal trespass under the Criminal Code of 1963 or any other violation of the Code; or (ii) to interfere with the ability of law enforcement officials to remove persons or property from the premises when there is a criminal trespass.

The committee voted to support this bill. The committee ensured IRELA submitted a witness slip in support of the bill, engaged the sponsors and chairs to ensure they knew the organization’s position, and put out a press release in support.

This bill passed both chambers and is awaiting the Governor’s signature.

HB 3564 (Rep. Syed/Sen. Simmons) – Allowable Landlord Fees: This bill would require the following:

• All non-optional fees must be disclosed on first page of lease agreement;
• All non-optional fees must be disclosed in residential property listing;
• Landlord must disclose in a lease agreement or listing whether utilities are included;
• Prohibition on certain “junk” fees:
• • Application fee, including background check, above $50
  • Fee or fine ancillary to the application fee
  • Fee or fine for modification or renewal of agreement
  • Fee or find for eviction notice or filing an action prior to the court granting an eviction order
  • Fee or fine for after-hours maintenance requests
  • Fee or fine for directly contacting the building owner or property manager for maintenance/service requests, lease-related questions, or other items directly related to the tenancy
  • Fee or fine for travel required to complete needed maintenance work or safety repairs
  • Fee or fine for a maintenance hotline service or a call to a maintenance hotline service
  • Fee or fine for routine maintenance or upkeep of the unit
  • Fee or fine to set up an online account or portal to pay rent or utility costs
  • Fee or fine for pest abatement or removal when the tenant has in no way contributed to the infestation
  • Fee or fine for in-person walk through for move in or move out
• Prohibits a landlord from charging a tenant both a security deposit or a move-in or move-out fee;
• Limits security deposit to the amount of the unit’s first full month’s rent; and
• If a landlord charges a move-in or move-out fee, the landlord must provide the tenant with an itemized list of the landlord’s estimate for the cost of services, including bundled services. A tenant may opt out of the bundled services.
• • The committee voted to oppose this bill as being too limiting to the ability of landlords to charge needed fees. The committee developed a list of proposed changes to the bill. We were able to share those positions with legislative leaders, committee chairs, bill sponsors, and relevant stakeholders.
  • • While not all of those proposed changes were incorporated in amendments to the bill, we were able to ensure this bill did not pass in the final hours of the session.

Ultimately, there was no legislation passed that would negatively impact members, including any Title Insurance Act reforms.

As to title reform efforts, the Illinois Land Title Association did not have a bill filed on its suggested reforms this session. They do plan to convene meetings this summer to revisit their proposals in advance of filing a bill again next session.

One somewhat related bill filed toward the end of session was SB 2648 (Sen. Cunningham), which would move the regulation of title insurance from the Illinois Department of Financial and Professional Regulation to the Illinois Department of Insurance. The committee agreed to take no position at this time, but will continue to monitor. The bill was filed to generate conversation, not yet passage, and there will be summer conversations on this issue as well.

As to other relevant bills the committee reviewed, there were three other bills IRELA was tracking which passed. They include the following:

HB 28 (Rep. J. Williams/Sen. Martwick) – Creates the Illinois Receivership Act. Creates a process in which a person is appointed by the court as the court's agent under the court's direction to take possession of, manage and, if authorized by the Act or court order, transfer, sell, lease, or otherwise dispose of receivership property. Provides criteria for a court to provide notice and opportunity for a hearing as appropriate before the court can issue an order under the Act. Applies to real property and any personal property related to or used in operating the real property, personal property and fixtures, and other business assets such as corporations, limited liability companies and trusts among other things. Provides that this Act does not apply to (i) an interest in real property improved by one to six dwelling units with some exceptions; (ii) a receiver that is a governmental unit or an individual acting in an official capacity on behalf of the governmental unit unless the unit elects for this Act to apply; and (iii) a receiver appointed under the Illinois Mortgage Foreclosure Law.

The bill is on the Governor’s desk awaiting his signature.

SB 83 (Sen. D. Turner/Rep. Tarver) - Amends the Small Estates Article of the Probate Act of 1975. Allows a small estate affidavit to be used to transfer personal property in a decedent's estate if: (1) no letters of office are outstanding on the decedent's estate and no petition for letters is contemplated or pending in the State or in any other jurisdiction; and (2) the decedent's personal estate passing to any party by intestacy or under a will is limited to tangible and intangible personal property not exceeding $150,000 and motor vehicles registered with the Secretary of State. Makes a corresponding change in the form for a small estate affidavit. Provides that the changes made to the Act apply to a decedent whose date of death is on or after the effective date of the amendatory Act.

Provides that if the small estate affidavit is being used solely for a title transaction with the Secretary of State for the transfer of the decedent's motor vehicle or vehicles, it may be used to do so in accordance with the provisions for transfer by operation of law under the Illinois Vehicle Code without consideration of the value of the decedent's personal estate. Provides that any motor vehicles that are registered with the Secretary of State in the decedent's entire personal estate passing to any party either by intestacy or under a will must be included in the affidavit with a description of each motor vehicle by make, body type, year, and vehicle identification number.

The bill is on the Governor’s desk awaiting his signature.

SB 1443 (Sen. Hastings/Rep. Didech) - Amends the Mortgage Act. Provides that the Act does not abrogate the Illinois common law that the payment in full of a debt secured by a mortgage extinguishes the lien. Provides that payment in full of a debt secured by a mortgage pursuant to a payoff statement, as defined in the Mortgage Certificate of Release Act, issued by or on behalf of the holder of the indebtedness extinguishes the lien of the mortgage.

The bill is on the Governor’s desk awaiting his signature.