Penalties are harsh for violation of Chicago’s bedbug law

Posted on June 18, 2013 by

chibb5In Chicago, its not just the bedbugs that come with a bite.  The newly passed ordinance has some pretty staggering penalties.  Based on my initial read of the bed bug legislation, there are two enforcement arms.  Cases may be brought and the law may be enforced by both the City of Chicago Building Department for building code violations or by the Chicago Department of Public Health.  (There is actually also a provision allowing the department of business affairs and consumer protection to enforce the section related to the sale of “second-hand bedding”). Continue reading →

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Residential tenants have responsibilities under new Chicago Bedbug Ordinance

Posted on June 18, 2013 by

chibb4The bedbug fun is not limited exclusively to the landlords.  Chicago tenants are also subject to the provisions of the ordinance.  Based on what is believed to be the text of the ordinance, Section 5-12-040 of the CRLTO has been amended to indicate that:

Every tenant must:
(a) comply with all obligations imposed specifically upon tenants by provisions of the municipal code applicable to dwelling units, including section 7-28-850; (new verbiage in bold) Continue reading →

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New law says Chicago landlords must exterminate bedbugs

Posted on June 18, 2013 by

chibb3Prior to the enactment of the new Chicago bed bug ordinance, landlords were really only “obligated” to exterminate bedbugs when there were two or more units infested.  Now, the City leaves no doubt (although we are still awaiting the final published version of the ordinance).  The responsibility falls squarely on the landlord in cases where bedbugs are found or are suspected!  The new provisions are found in Section 7 of the Municipal Code of Chicago (Section 7-28-810 to 900).  And the penalties can be touch.  The City can fine a landlord between $300 to $1000 per day for violations of the ordinance!  Specifically, Section 7-28-830 (based upon the version of the ordinance that we have seen) requires that: Continue reading →

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CRLTO Amended – New section 5-12-101 imposes new bedbug education requirements

Posted on June 18, 2013 by

chibb2As part of the recently passed ordinance to address bedbugs in Chicago, the Chicago Residential Landlord and Tenant Ordinance was amended to add a new disclosure requirement for landlords.  Brand new section 5-12-101 (this is based on the proposed ordinance – we are still awaiting a copy of the officially published ordinance) institutes yet another new disclosure requirement and landlords (or their agents) must, prior to entering into or renewing a rental agreement, provide tenants with a “bed bug prevention and treatment” informational brochure prepared by the City of Chicago Department of Public Health.  I have reached out to the Department of Public Health and do not yet have a copy of the brochure.

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Chicago passes new Bedbug ordinance

Posted on June 18, 2013 by

Chicago Bedbug OrdinanceOn June 5, 2013, in addition to passing foreclosure protections for tenants, the Chicago City Council passed a bedbug measure affecting residential landlords and tenants.  The new law amends a number of sections of the Municipal Code of Chicago, including the building code and the Chicago Residential Landlord Tenant Ordinance.  I will break the measure down in the next few days, but here is the complete text of the ordinance as proposed (we are still awaiting a copy of the officially published ordinance).  The ordinance imposes a number of new requirements on property owners, landlords, and tenants and the fines for failure to comply can be severe!  The law indicates it is effective as of 10 days after its passage (this past Saturday).

 

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How long will it be until Chicago landlords mimic San Francisco’s landlords?

Posted on June 7, 2013 by

quitIn addition to handling landlord-tenant legal issues for our clients, our firm also handles real estate closings.  One interesting trend I have taken notice of recently is the number of my landlord clients who have decided to quit.  That’s right, they are quitting the landlording game.  During the last week of May, I closed a real estate sale for a client I had helped just a few months before remove an unruly tenant from her condominium unit.  Just last week, a client hired me to “handle my eviction and then help me with the sale of this place”.  The scenario is getting more and more common.  A landlord comes to me to get the tenant out and then to help with the sale of the real estate.  It is a trend that I think will continue. Continue reading →

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Rent control comes to Chicago. Council passes Keep Chicago Renting

Posted on June 6, 2013 by

kcrWell, what is done is done.  The City Council overwhelmingly passed the “Keep Chicago Renting” law.  WBEZ reported that the Aldermen voted 45-4 in favor of the measure (text can be found here).  Affected tenants will have rights to rent controlled leases or a bonanza of housing relocation funds.  Housing activists are celebrating their “victory” over the banks.  Was it really a win?  It will be interesting to see who is right on this one.  Will the banks stop lending in Chicago?  Will banks stop foreclosures on properties that are not worth foreclosing on when the new time, cost, and trouble of the KCR law is factored into the equation?  Will we have a bunch of “cash-grab” squatters breaking into units in foreclosure in an attempt to wet their beaks in the largesse of a $10,600 payout?  Will post-foreclosure investors shy away from purchasing City properties while the suburbs benefit from a mini-real estate boom going on right now?  Only time will tell.

 

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City moves forward on “Keep Chicago Renting” Ordinance

Posted on May 31, 2013 by

rentbadgeThe Chicago Tribune is reporting that the Keep Chicago Renting Ordinance has passed out of committee and will be voted on by the City Council on June 5.  The text of the ordinance has been changed slightly to reduce the originally proposed relocation payment of $12,000 to $10,600.  The aldermen seem to believe that this measure will make banks “partners” with the City.  My guess is that it will have a major chilling effect on bank foreclosures in bad areas and will lead to an increase in illegal tenants and squatters who take up residence in foreclosure properties in hopes of making a quick ten grand.  It will also make it much more difficult to sell multi-unit post foreclosure rental properties to third parties.  I will be interested to see how this plays out.

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NEW LAW: Cook County landlords cannot refuse Section 8

Posted on May 9, 2013 by

cook8newIn a vote being celebrated by Tenant’s rights advocates, the Cook County Board of Commissioners voted yesterday to amend the Cook County Human Rights Ordinance to prohibit landlords from discriminating against tenants who are participating in Section 8 housing choice programs.  Like landlords in Chicago before them, Cook County landlords governed by the Human Rights Ordinance who reject a tenant based upon section 8 participation will be illegally discriminating based upon source of income.  To put it another way, Cook County landlords cannot refuse to participate in the Section 8 program and those who do are committing a fair housing violation based upon source of income discrimination.  The new law becomes effective in August, 2013.

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UPDATE: Cook County Section 8 amendment

Posted on May 6, 2013 by

sec8updateOn May 8, 2013, the Cook County Board will once again take up the topic of amending the Human Right’s Ordinance to make it a fair housing violation (for source of income discrimination) for a Cook County landlord to refuse to participate in the Section 8 housing choice voucher program.  The Illinois Rental Property Owners Association and the Northern Illinois Commercial Association of Realtors are vehemently opposed to the amendment and are calling upon landlords to urge the Cook County Commissioners to defeat the amendment.

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