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Full Text of SB3678
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SB3678 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3678
Introduced 2/5/2026, by Sen. Mike Simmons
SYNOPSIS AS INTRODUCED:
765 ILCS 705/35 new
815 ILCS 505/2MMMM new
Amends the Landlord and Tenant Act. Prohibits a person from entering
into an agreement with any other person to not compete in rental pricing,
fees, or any other rental term for residential rental units in the State.
Prohibits a person from engaging in price coordination for residential
rental units in the State. Prohibits a person from facilitating an
agreement between 2 or more persons to not compete with respect to rental
pricing, fees, or any other rental term for residential rental units in the
State. Prohibits a person from using, subscribing to, contracting for, or
paying for the services involving price coordination or otherwise
encouraging or facilitating an agreement with other persons to not compete
with respect to any rental term for residential rental units in the State.
Allows an aggrieved person to bring a civil action seeking damages and
makes a violation of the Act a violation of the Consumer Fraud and
Deceptive Practices Act.
LRB104 18451 JRC 31893 b
A BILL FOR
SB3678
LRB104 18451 JRC 31893 b
1
AN ACT concerning civil law.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The Landlord and Tenant Act is amended by
5
adding Section 35 as follows:
6
(765 ILCS 705/35 new)
7
Sec. 35.
Prohibition on use of rent-setting algorithms.
8
(a) As used in this Section:
9
"Nonpublic competitor information" means information that
10
is not available to the general public, including information
11
about actual rent prices, occupancy rates, lease start-and-end
12
dates, and similar data, regardless of whether the information
13
is attributable to a specific competitor, anonymized, or
14
derived from or otherwise provided by another person that
15
competes in the same market or a related market.
16
"Price coordination" means engaging in the following acts:
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(1) collecting historical or contemporaneous nonpublic
18
competitor information concerning prices, price changes,
19
supply levels, occupancy rates, or lease or rental
20
contract termination and renewal dates of residential
21
rental units from 2 or more real estate lessors, whether
22
monetary or other valuable consideration is paid to
23
acquire or collect such information; and
SB3678
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LRB104 18451 JRC 31893 b
1
(2) recommending or suggesting rental prices, fees,
2
rental terms, or occupancy levels to a real estate lessor
3
based on such information, including when the
4
recommendation involves the analysis or processing of
5
information using a computational or algorithmic system,
6
software, or process. Price coordination does not include:
7
(A) providing information to establish rent or
8
income limits in accordance with the affordable
9
housing program guidelines of a governmental entity;
10
(B) generation or use of any report, study, or
11
presentation that provides existing rental data in an
12
aggregated manner but does not recommend rent prices,
13
fees, or occupancy rates or other rental contract
14
terms for future leases; or
15
(C) providing or using information to conduct
16
market research for project financing, an appraisal,
17
or research, testing, and training for software
18
development.
19
(b)(1) Prohibited conduct. A person may not enter into an
20
agreement with any other person to not compete in rental
21
pricing, fees, or any other rental term for residential rental
22
units in the State.
23
(2) A person may not engage in price coordination for
24
residential rental units in the State, including through the
25
sale, licensure, or provision of any service or product that
26
involves price coordination of residential rental units.
SB3678
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LRB104 18451 JRC 31893 b
1
(3) A person may not facilitate an agreement between 2 or
2
more persons to not compete for rental pricing, fees, or any
3
other rental term for residential rental units in the State.
4
(4) A person may not use, subscribe to, or contract or pay
5
for, the services of another person if the services involve
6
price coordination or otherwise encourage or facilitate an
7
agreement with other persons to not compete for any rental
8
term for residential rental units in the State.
9
(c)(1) Penalties. Any person alleging a violation of this
10
Section may bring a civil action, in accordance with
11
applicable law, in any court of competent jurisdiction. The
12
court may order injunctive relief, monetary relief, attorney's
13
fees, and costs.
14
(2) A violation of any provision of this Act is an unlawful
15
practice under the Consumer Fraud and Deceptive Business
16
Practices Act. All remedies, penalties, and authority granted
17
to the Attorney General by that Act is available to the
18
Attorney General for the enforcement of this Act
19
Section 10.
The Consumer Fraud and Deceptive Business
20
Practices Act is amended by adding Section 2MMMM as follows:
21
(815 ILCS 505/2MMMM new)
22
Sec. 2MMMM.
Violations of Section 35 of the Landlord and
23
Tenant Act.
A person who violates Section 35 of the Landlord
24
and Tenant Act commits an unlawful practice within the meaning
SB3678
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LRB104 18451 JRC 31893 b
1
of this Act.
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