I was pleased to give a presentation to a group of real estate agents about landlord tenant law issues in Chicago this afternoon. As promised, here are the materials from our discussion. The password on the file is the three numbers from the address where the seminar took place!
I have it on good authority that Alderman Moreno’s office has expressed that it is no longer the Alderman’s intention to present the Good Cause ordinance to the City Council this month. Instead, his office will seek to have a task force formed to review the proposal. So, landlord advocates have been heard for now, but this is likely not the end of this issue. Good cause laws have been passed in Berkeley, Los Angeles, San Francisco, Washington D.C. and Seattle, among other places, and a similar law is currently proposed in Philadelphia. Landlords need to remain vigilant on this issue and advocate for their rights whenever possible.
I’m going to suspend my review of the draft ordinance because I’m guessing it will not come back in the same form as the current one. No doubt, you will all miss out on my commentary regarding the $21,200 penalty plus attorney’s fees for violation, the changes to eviction notices required by the ordinance, the notice requirements and limits on rent increases, and the moving assistance allowance.
Nonetheless, this does not mean that landlords should not continue the discussion with their alderman and the mayor. Make clear that Chicago should not have a good cause eviction law.
Here we are in the week that the so called “Good Cause for Eviction Ordinance” is expected to be presented to the Chicago City Council possibly to introduce the most sweeping anti-landlord change to landlord-tenant law in Chicago since 1986. So, remember where we left off. The not-yet-proposed draft of the ordinance indicates that no landlord shall recover possession of a rental unit by not renewing or bringing an eviction unless the landlord brings the eviction or initiates the non-renewal for one of eight reasons. We talked about the first two reasons in earlier bog posts. Let’s take a look at the third reason which is entitled “Material non-compliance”: Continue reading
Chicago landlords, Act Now!
You’ve probably been reading over the past 24 hours about an ordinance affecting landlord-tenant law that a Chicago Alderman is allegedly threatening to introduce to the City Council next week. I have been in contact with a source who is close to the situation who has informed me that this is the time to act.
The ordinance we have seen is a serious threat to Illinois eviction jurisprudence in Chicago forcible entry and detainer cases, will likely reduce the value of rental real estate in Chicago, creates new red-tape for landlords, contains unfair provisions, and is a major threat to property ownership and property management in Chicago.
So, what can you as a landlord do?
Call your Alderman. Call the Mayor. Let them know that you do not support any form of a “Good Cause” requirement on rentals in Chicago. Make your voice heard on this issue. Landlords cannot be expected to run their rental businesses under these circumstances. This link will provide you with the identity and contact information for your alderman. This link provides the Mayor’s website.
Yesterday, I went through the provision of the allegedly proposed Good Cause for Eviction ordinance provision allowing for eviction based on non-payment of rent (provided the tenant doesn’t make good before an eviction order is entered). Today, I’ll examine the second reason that a Chicago landlord will be able to non-renew: habitual late payments. Continue reading
What about landlord’s rights?
I received from a friend a copy of an ordinance that one of the Chicago Alderman is apparently planning to present to the Chicago City Council on May 23, 2018. The ordinance appears to be penned by the tenant-friendly Lawyer’s Committee for Better Housing. Its contents are shocking. If you are a landlord, prepare to be shocked and awed as your property rights are whittled away. The law is known as the Good Cause for Eviction Ordinance. A text of the entire proposed ordinance, as believed will be introduced, can be found here. A number of other landlord-hostile cities have adopted ordinances similar to this one. The stated goal is to stabilize the community against greedy landlords. A position paper from the Lawyer’s Committee for Better Housing dated February, 2018 indicates that “If “housing is a human right,” then it begins with “security of tenure,” which promotes long-term neighborhood stability.” So what does this proposed law, in part, do? Continue reading
A day after CNN reported of the death of a New Yorker who had been paying $28 per month in rent as a result of a rent controlled property she rented from 1955 to 2018, reports come out of Springfield that the Illinois legislature seems to be stalling in attempts to overturn the Illinois’s Rent Control Preemption Act. The Real Deal, a Chicago real estate web news organization, indicates that legislation to repeal the law that protects Illinois landlord’s from municipalities seeking to impose rent control policies has stalled with only a few weeks left in the summer session. Continue reading
Does this law apply to “small” landlords?
Chicago recently amended its recycling ordinance, effective January 1, 2018, to fill in the gap between the City of Chicago’s “Blue Cart” recycling and the recycling for private multi-unit residential properties (big condos and rental units of 5 or more units). The law includes a provision calling for “tenant education” in the form of informational flyers. While the law APPEARS to be targeted toward those units that are 5 or more, there’s nothing in the law that “exempts” smaller buildings. That leads to a question as to whether or not small building owners need to comply with the tenant education section of the law. Continue reading
Over the past months, we have been tracking a few stories that will affect landlords and their rental businesses in the Chicagoland area. We wanted to take a moment to provide some updates.
With respect to the potential change in Illinois Supreme Court Rules related to the contents and attachments to an eviction complaint that we discussed in early march, it appears that the proposed rule change is not being considered at this time and is now listed on the court’s website as “withdrawn”.
At the end of 2017, we also discussed the attempts Continue reading
When will the eviction madness end?
Yesterday, the Chicago Reader ran an article entitled “Failed eviction attempts wouldn’t haunt tenants under proposed state law“. The article touts the benefits of a proposed state law to automatically seal eviction records in Illinois. Continue reading