Simple, Effective Screening for Better Tenants in Illinois

Illinois Background Checks

Background checks are a vital part of thorough tenant screening. Every landlord needs to know the history of every applicant. Background checks give you a good idea of whether someone makes payment on time, stays out of massive debt, has a criminal past, and a lot more.

 

Background checks reduce the chances of tenant turnover, protect you from liability, and help you and other tenants remain safe.

 

In this article, we’ll help you understand what background checks consist of, how to ensure you get the information you need, and what you need to know about your state’s rules regarding them. 

What are Background Checks?

1. Credit Report: Aside from a lease agreement, a tenant credit might be the most crucial document for a landlord to understand. This document is one of the best ways to determine whether someone will pay on time and in full. Here are the main components of a credit report:
   • Basic information like former names/aliases, current and previous addresses, etc.
   • Fraud indicators like invalid phone numbers or phony social security numbers
   • Tradeline summaries that give a snapshot of an applicant’s active accounts
   • Inquiries that show a list of companies who viewed an applicant’s credit file over the last two years
   • Credit/resident score
   • Winter weather damage

   The credit score and the resident score are key. A credit score is a numerical value anywhere from 300-850 that helps illuminate an applicant’s creditworthiness. If an applicant has a score of 500 or less, proceed with caution. Most reliable tenants will ave a score above 560. A resident score is similar to a credit score, but more directly reflects someone’s reliability as a tenant. Both scores are proprietary, so the exact formulas aren’t available to the public. That said, resident scores typically include a recommendation on whether to accept an applicant or not (this shouldn’t be treated as gospel obviously, but it’s helpful).

2. Criminal History: Wide-sweeping national databases, more narrow specific state databases, and granular county records are the main elements of most criminal history reports.
3. Income Verification: There are several ways to verify income. Let’s look at some of the most common here: whether someone will pay on time and in full. Here are the main components of a credit report:
   • Pay Stubs: Paychecks are the most common way to verify income. Anyone with full-time or part-time employment can make copies of paychecks and send them to you.
   • Yearly Tax Returns: A federal tax return is another option to obtain proof of income. This is often an excellent option because it’s an official legal document, so it’s difficult to fake.
   • W-2 Tax Form: These forms show employer’s withholding payroll taxes from workers’ earnings. This is another good option because it’s a document directly from an employer.
   • Bank Statements: This method is especially effective for self-employed applicants because they won’t have regular pay stubs like those who work for traditional businesses.

   Important Note: Innago’s new income verification feature, which you can learn more about here, makes it easier than ever to ensure your tenants have the necessary funds to pay you

4. Eviction History: Except in cases where overdue rent went to collections or a previous landlord reports late payments, credit reports don’t usually show evictions.  Federal law typically prevents evictions from being shown on a background check after seven years, but this figure varies by state
   If you cannot see an applicant’s eviction history on a credit report or obtain the information by contacting their previous landlords, then you may pull an eviction report. However, certain states have restrictions on different kinds of reports (we’ll address those if they’re relevant later in this piece).
   Eviction history matters because the cost of an eviction for landlords is often between $4,000 and $7,000 or more. That means that if a tenant was evicted, they likely left their previous landlord with no other choice.
5. Application: A rental application is a preliminary form used to obtain basic information about an applicant and their eligibility. Most applications ask for this information:
   • Landlord References: Contact previous landlords and get their take on applicants. This is a critical step that some landlords skip over. Make sure you’re not one of those landlords.
   • Employment History: You want to know current and former employers and get consent to contact them.
   • Written Permission to Run a Credit Check
   • Legal Disclosures: Here’s a helpful article on what disclosures to include.
   • Additional Inquiries: Be careful here. Make sure you don’t ask questions that violate laws. Only ask about things like pets or smoking. And make sure you’re consistent.

Why Do You Need to Run Background Checks?

Background checks in general are utilized by a variety of groups: landlords, employers, lenders, licensing agencies, government agencies, etc. Tenant screening or employment background checks are run to ensure that a candidate for a job, license, property, or loan is properly qualified and does not have a history of behavior that would interfere with their ability to perform the duties required under contract. Background checks minimize legal liability, protect companies’ assets and current employees, and are sometimes required by clients.

 

When it comes to landlords, background checks are needed to: 

1. • Protect the safety and property of other tenants
   • Reduce tenant turnover
   • Minimize legal liability
   • Increase the likelihood of on-time rental payments
   • Avoid conflict and crime in the rental community
   • Narrow down applicants for a high-demand property
   • Prevent expensive and lengthy eviction processes

Illinois Background Checks

Landlords in the “Prairie State” should run background checks on potential tenants as a precaution and general policy. Here are three reasons to run an Illinois background check on rental applicants: 

1. Identify rental application fraud 

Rental application fraud, which occurs when a tenant lies on their application or submits falsified pay stubs, bank statements, etc., is on the rise across the country. According to recent data from Snappt, the city of Chicago has an 8.9% rental application fraud rate, which is the 11th highest for metropolitan areas in the U.S. If a tenant lies on their rental application or submits fraudulent documents in Illinois, a credit check can uncover the truth before you allow the tenant to occupy your property. 

1. Avoid future evictions 

Running a tenant’s eviction history in Illinois can also help you avoid evictions for nonpayment or criminal activity. Last year, over 6,600 renters were evicted in Cook County alone. Eviction rates are undoubtedly higher when considering the entire state.  

Eviction in Illinois is a long and expensive process, taking anywhere from one to five weeks. Because tenants with a previous eviction are more likely to be evicted again, running an eviction history is essential component of an Illinois background check and can help you avoid high turnover. 

1. Learn about the existence or nature of illegal activity 

It’s also important to run criminal background checks in Illinois. Illinois had the 14th largest criminal reentry population in 2019, with 277,753 releases from prisons and jails (more data is available on the Illinois Department of Correction’s website). While landlords cannot have a blanket policy for denying convicts, certain crimes (like sex offenses) restrict convicts from certain housing options and are valid reasons to deny a tenant. 

How far back do Background Checks in Illinois go?

When you use consumer reports to make tenant decisions, you must comply with the Fair Credit Reporting Act (FCRA). 

  

Section § 605 – 15 U.S.C. § 1681c of The Fair Credit Reporting Act (FCRA) applies in all 50 states and mandates a seven-year restriction on reporting certain background check information like civil suits, civil judgments, and arrest records (except in certain cases where an employer is hiring for a job with a salary more than $75,000). The FCRA doesn’t have similar timeline restrictions on criminal convictions, but some states restrict reporting criminal conviction information at the state or local level. There are no notable state laws to this nature in Illinois, but individual cities or counties may have additional restrictions that you must follow if you conduct background checks within their jurisdiction. 

What do Background Checks in Illinois Cost?

Background checks are relatively affordable across the U.S., but their costs vary depending on the area searched and the level of information requested. Searching national records typically costs between $13-60 per person, while searching an individual state’s records costs between $10 and $25 per person. The Illinois State Police offers state criminal background checks for $15-$20 per name. County records, which tend to be more accurate and up to date, cost $16-$25 per person per county checked. You can learn more about each of these specific types of background checks in our article on the topic. 

Which Laws Apply to Illinois Background Checks?

An Illinois background check cannot be used by anyone for any purpose. Illinois is a “Ban-the-Box” state, meaning it has passed laws to limit when and how employers can ask about criminal information. Due to these laws and other fair housing protections, the use of credit reports and criminal background checks in Illinois is restricted. 

Illinois Human Rights Act (IHRA)  

This act (specifically 775 ILCS 5/2-103 and Senate Bill 1480) declares that using arrest or conviction records as a basis to deny employment is a civil rights violation, except when required by law (note that employers can still use other information that indicates the person engaged in the conduct on which the arrest was based; they just cannot consider actual arrest records). If an employer wants to use conviction records as part of a pre employment background check, there must be a “substantial” relationship between the job and the criminal offense, and the user must evaluate the following factors: 

• Number of arrests/convictions 
• Length of time since the conviction 

• Nature and severity of the conviction and its relationship to the safety and security of others 
• Facts and circumstances surrounding the conviction 
• The age of the employee at the time of the conviction 
• Evidence of rehabilitation efforts 

Employers must also send written explanation/notice of any adverse action and give the applicant an opportunity to challenge inaccurate information in their criminal history report. 

Executive Order 2013-1 

This order prohibits public employers in Illinois from asking about criminal histories on job applications. If an employer is going to deny an applicant based on their criminal history after the application stage, they are required to undergo a series of assessments designed to mitigate discriminatory effects. 

Job Opportunities for Qualified Applicants Act (Illinois House Bill 5701) 

Under this law, private employers cannot ask about criminal history during pre employment background checks until after a candidate has been extended an opportunity to interview (or if there is no interview, after a conditional offer of acceptance has been made).  

Employee Background Check Fairness Act (House Bill 3056) 

The Employee Background Fairness Act prohibits discrimination based solely on criminal history, unless there is a direct relationship between the convictions and the job duties. Additionally, a criminal background check Illinois considers compliant cannot consider arrests that did not result in convictions, and individualized assessment is required of all criminal information. 

Illinois Uniform Conviction Information Act (20 ILCS 2635) 

Under this law, anyone who requests criminal information must first get a signed release from the individual whom the information pertains to, send that person a copy of the report, and give them at least seven days to challenge any incorrect information. This law applies to all private parties who request an Illinois state background check. 

Employee Credit Privacy Act (820 ILCS 70) 

This law prohibits Illinois employers from refusing to hire, discharging, or otherwise discriminating against applicants because of their credit history or credit report results. There are exceptions for positions for which credit history is a bona fide occupational requirement or positions that access confidential financial information, like financial institutions.  

Adverse Actions 

If you decide to deny an applicant based on information from their consumer report, it’s critical to know rules and regulations regarding adverse actions. Read this article to review legal reasons for denying a tenant and how to abide by the Fair Housing Act. If you deny a tenant based on information in consumer reports including Illinois criminal background checks, you’ll need to send them an “adverse action” notice. Read more about these notices here. 

 

Know Illinois Background Check Laws 

Before you run a background check in Illinois, be sure you’re aware of the state and federal laws that apply to their use. A background check Illinois considers compliant must adhere to all the above state laws, in addition to any other laws and regulations passed by city local governments. For example, Cook County has its own laws regulating the use of credit and criminal background checks. Additionally, you must get written consent from a tenant before running a background check. Be sure you’re educated on the law in your region and adhere to the HUD’s recommendations if background checks are part of your tenant screening process. 

How to Run Background Checks in Illinois?

When conducting background checks in Illinois, most people either conduct a DIY background check or use a third-party provider. If you run a DIY background check, your best bet is probably to request criminal history from the Illinois State Police, contact an applicant’s former landlords and employers, obtain a credit report (Equifax, Experian, and TransUnion are the three major credit reporting agencies that compile credit information), verify income, look at the sex offender registry, and ensure you have all the information you need to conduct thorough tenant screening. DIY checks can be risky, though, because it’s easier to run afoul or relevant laws inadvertently (unless you’re very well-versed in the law).  

The better option for running a background check is to partner with a third-party provider, who often bundle credit, resident, criminal, and eviction histories together as a package. You can select the kind of reporting you need and let the third-party take care of the collection process. 

Background Checks with Innago

At Innago, we’ve partnered with TransUnion SmartMove to help you review background check information and identify high quality applicants. Running a background check through Innago allows you to quickly and easily identify the best applicants and ensure their application information is accurate. Likewise, Innago’s income verification feature helps our users verify reported income by connecting to their bank account, payroll provider, or by uploading documents. 

 

Disclaimer: This article is for educational purposes only and does not constitute legal advice. We recommend you consult with professional counsel if you have legal questions regarding your specific practices and compliance with relevant laws.