Chicago tenant screening and landlord-tenant law

Confirm any Chicago-specific ordinance capping application or screening fees, as well as current requirements in Chapter 5-12, directly, since municipal ordinances can be amended.

Illinois's statewide conviction-record protection under the Illinois Human Rights Act applies fully within Chicago, generally requiring individualized assessment of factors like the nature of the offense, time elapsed, and rehabilitation evidence before a conviction-based denial. Confirm with Cook County Commission on Human Rights guidance or counsel whether any Cook County (which contains Chicago) Human Rights Ordinance, including any Just Housing Amendment, applies within Chicago's city limits and how it interacts with any City of Chicago rules before relying on a specific answer.

Chicago's Fair Housing ordinance (Municipal Code Ch. 5-8) has protected source of income, including housing vouchers, for a long time — predating Illinois's own 2023 statewide source-of-income law. Both layers apply within Chicago, generally reinforcing the same protection rather than conflicting.

Federal FCRA §615's disclosure, dispute-rights, and adverse-action notice requirements apply. Illinois's statewide conviction-record law separately requires specific individualized-assessment documentation before a conviction-based denial, independent of FCRA's own process — this documentation obligation applies in Chicago the same as elsewhere in the state.

The Chicago RLTO imposes stricter security-deposit rules than Illinois state law generally requires: a landlord must hold the deposit in a federally insured interest-bearing account, pay the tenant interest annually (per a rate set under the ordinance), and provide an itemized statement of any deductions with supporting documentation within 30 days of the tenant vacating, refunding the balance within 45 days. A landlord's failure to comply with several of these specific RLTO requirements can result in a penalty of twice the deposit amount plus the tenant's attorney's fees — a materially more severe remedy than Illinois's general statewide statute discussed on the Illinois state page.

Illinois state law restricts municipalities from adopting rent control, which limits Chicago's ability to enact a general rent-control cap on private rental units. The RLTO does require prior written notice of rule changes and generally longer notice periods for ending certain tenancies than the state's general landlord-tenant statute — for a month-to-month tenancy, Chicago's RLTO generally requires 30 days' written notice (consistent with, not exceeding, Illinois's default statewide period, though specific RLTO provisions should be checked directly), and it also includes tenant remedies for a landlord's noncompliance (such as the right to recover possession costs and attorney's fees) that go beyond the state's general framework.

Confirm whether Chicago's RLTO applies to a specific property, including the specific building-type exemptions noted above (such as certain small owner-occupied buildings), and whether any neighborhood or ward variation applies. Confirm with counsel whether any Cook County Just Housing Amendment and Chicago criminal-history rules apply to the specific property.

Does Chicago have its own security deposit rules beyond Illinois state law? Yes — the Chicago RLTO requires interest-bearing escrow accounts, annual interest payments, and a stricter 30/45-day itemization-and-refund process, with a double-deposit penalty for landlord noncompliance.

Is source of income a protected class in Chicago? Yes, under both Chicago's own Fair Housing ordinance and Illinois's statewide source-of-income law.

Does Chicago restrict how landlords use criminal history? Yes, both through Illinois's statewide conviction-record protection and (with some uncertainty about scope) Cook County's separate Just Housing Amendment — confirm the specific interplay of these with counsel.

Does Chicago have rent control? No — Illinois state law generally preempts municipalities, including Chicago, from enacting rent control on private rental units.

Checkr helps landlords and property managers run consistent, FCRA-compliant tenant background checks that account for Chicago-specific rules like the RLTO's security-deposit requirements and layered criminal-history protections. Get started with Checkr to build a screening process that applies the same way to every applicant.

The resources and information provided here are for educational and informational purposes only and do not constitute legal advice. Always consult your own counsel for up-to-date legal advice and guidance related to your practices, needs, and compliance with applicable laws.