Illinois Rental Application

What type of information should landlords collect?

To zero in on qualified tenants, landlords should gather key information that helps them evaluate each candidate. A standard Illinois rental application typically includes:

• Personal information: Full names, dates of birth, Social Security numbers, contact details, and emergency contacts for all applicants and co-signers
• Desired move-in date and lease length: Confirms whether the applicant’s timeline aligns with the property’s availability
• Financial background: Income details, employment history, rental history, and credit information
• Rental history: Outlines the applicant’s current and previous residences
• References: Optional contact information for prior landlords or employers
• Criminal background (if applicable): Disclosure of any convictions, in compliance with Illinois screening laws
• Pets: Whether the applicant has pets, how many, and what kind, including service animals and emotional support animals (ESAs)
• Smoking status: Whether the applicant smokes and if they plan to smoke on the property
• Vehicle details: Make, model, year, and license plate number of any vehicles the applicant plans to park at the property

Rental applications involve sensitive personal information. Federal and Illinois state laws regulate what landlords can collect and how they can use it.

TurboTenant provides free rental application templates to help landlords gather and manage this information in a streamlined interface.

Pre-Screener

Before a landlord asks a candidate to complete a rental application, they should require prospective tenants to complete a pre-screener.

Essentially, pre-screeners collect basic information, including tenant contact details, smoking status, employment and income, the number of occupants and pets, an estimated credit score, preferred move-in date, and more.

By using pre-screeners (like these), landlords can efficiently sort through applications to identify suitable renters. Though not required by Illinois state law, pre-screeners can save landlords and applicants time and money.

Federal Application Laws

Federal laws set important legal guidelines for the rental application process. To stay compliant, landlords must follow these rules when reviewing applications and running background, credit, and eviction checks.

Fair Housing Act (FHA)

The federal Fair Housing Act prohibits housing discrimination based on race, color, national origin, religion, sex, disability, or familial status.

Landlords can’t include questions within rental applications that aim to uncover the aforementioned protected characteristics. For instance, asking an applicant if they’re married or where they were born is illegal.

Further, the FHA applies to anyone involved in renting, managing, or advertising housing, including landlords, property managers, and their staff.

Equal Credit Opportunity Act (ECOA)

The Equal Credit Opportunity Act restricts landlords from discriminating during any part of the rental process that involves credit checks or payment arrangements.

The act prohibits decisions based on race, color, religion, national origin, sex, marital status, age (if the applicant can legally enter a contract), use of public assistance, or the applicant’s rights under the Consumer Credit Protection Act.

Americans with Disabilities Act (ADA)

Under the Americans with Disabilities Act, landlords may not discriminate against applicants with disabilities and must offer reasonable accommodations after they approve a tenant. For example, a landlord might need to install a ramp at the unit’s entrance for a tenant who uses a wheelchair or communicate in writing with a hearing-impaired tenant.

In line with the FHA, the ADA dictates that rental applications cannot include questions that attempt to reveal an interested party’s disability. Asking whether or not an applicant has any medical conditions, physical limitations, or mental illnesses breaks federal law.

Fair Credit Reporting Act (FCRA)

The Fair Credit Reporting Act regulates how landlords collect and use credit and background reports. Under this law, landlords in the U.S. must:

• Get written permission from the applicant before running credit or background checks.
• Notify the applicant if they reject the application based on information in the report.
• Provide an adverse action notice including the name and contact information of the reporting agency used.

Civil Rights Act of 1866

The Civil Rights Act of 1866 protects every U.S. citizen’s right to rent, buy, or own property without discrimination based on race or color. (This law was the first federal statute to make it illegal to treat someone differently in any real estate transaction because of race.)

Illinois Application Laws

Along with federal regulations, Illinois state law limits what information landlords can seek in a rental application and the circumstances in which they can reject a prospective tenant.

Illinois protects renters under the Illinois Human Rights Act, which closely follows the federal Fair Housing Act. These local laws attempt to dissuade discrimination during the rental application process based on race, religion, national origin, sex, disability, and familial status.

Source of income: As of January 1, 2023, Illinois prohibits landlords from discriminating against candidates due to their source of income. Those who receive housing choice vouchers, Social Security benefits, child support, and other public assistance must receive the same chance of securing a rental as those with more “conventional” income.

Criminal history: In Illinois, landlords can consider an applicant’s criminal history during the rental application process. However, they must assess each criminal record individually before making an informed and unbiased decision. Cook County’s Just Housing Amendment protects individuals with criminal records from discrimination, and landlords must follow specific rules. JHA

Eviction history: Illinois landlords may consider a candidate’s eviction history when choosing between applicants.

Sexual orientation & gender identity: Illinois law protects tenants from discrimination based on sexual orientation or gender identity under the Illinois Human Rights Act. Additionally, federal protections under the Fair Housing Act also apply.

Pets, ESAs, and Service Animals

In Illinois, landlords can prohibit pets within their rental units. However, the Fair Housing Act mandates that landlords allow emotional support animals (ESAs) and service animals in their rental units, as federal law does not consider them pets.

While landlords can’t charge pet fees or deposits for these animals, tenants can be held liable for any damage their animals cause.

Pet information: During the application process, landlords should ask prospective tenants if they have pets, emotional support animals (ESAs), or service animals. If you’re a landlord who permits pets, include a section within your rental application to gather crucial information such as the type of pet, size, age, and breed.

Fair Housing Act: Under federal fair housing laws, landlords cannot discriminate against applicants with emotional support animals (ESAs) or service animals. They also can’t charge extra fees (like pet deposits or pet rent) or reject applicants based on the breed, size, or weight of a service animal or ESA.

Denial Process

If a landlord decides not to rent to an applicant, they must deny their application legally. Valid reasons for rejection include low income, poor credit, eviction history, criminal background, or false/incomplete information on the application. As always, decisions must always abide by fair housing laws.

Denial notice: Illinois law does not require landlords to inform applicants when they reject their application or to explain the reasons for the denial.

Credit/background denials: Under the FCRA, landlords who deny a tenant application based on credit history must provide written notice indicating that the denial was due to information in the credit report.

This notice must include:

• The name of the organization that conducted the credit and background check
• A reminder that the applicant has the right to dispute the decision
• Contact information for the reporting agency

Document storage: While Illinois law does not require landlords to retain documents related to rental application denials, holding onto rental applications, credit reports, and communication logs is considered best practice. The statute of limitations for fair housing discrimination claims is 1 year in Illinois, so keeping records for at least this long is wise.