City makes landlords bear the brunt of “Sanctuary City” status
It was reported in the Chicago Sun Times
last week that Chicago would impose obligations on landlords to help illegal immigrants affected by the Trump executive order repealing DACA
. Last Wednesday, Aldermen Mell and Ramirez-Rosa proposed an ordinance that “declares Chicago apartment buildings as sanctuary buildings off-limits to federal Immigration and Customs Enforcement agents”.
The proposed amendments to the Chicago Residential Landlord and Tenant ordinance would create a new protected class based on immigration or citizenship status of a tenant, prospective tenant, occupant, or prospective occupant. Landlords could not as tenants or applicants about their immigration status nor threaten to disclose immigration or citizenship status. The law would also require that a landlord only provide access to a residence pursuant to a valid search warrant. Additionally, landlords would need to install deadlocks on front and rear doors of multi-unit residential buildings that automatically lock and can only be opened from the outside with a key.
Alderman Ramirez-Rosa is quoted in the article as he wants to “Move forward with addressing abuses occurring against black people by the police so that we are truly a sanctuary city that is protecting everyone,” he added, saying the ordinance “will protect immigrants from raids and strengthen protection for tenants.”
One question, who is protecting Chicago’s landlords?
Get ready for a change in terms.
Bye bye Forcible Entry and Detainer Act and hello Eviction Act. Public Act 100-0173 was passed into law and signed by the Governor on August 18, 2017 and will be effective on January 1, 2018. Is this law a sweeping change? Did we finally get some eviction law reform? Not at all. Continue reading
Post-Foreclosure Landlords Beware
The relatively new Keep Chicago Renting Ordinance (KCRO) was the subject of an appellate case, Wells Fargo Bank v. Volneat Vanette McCondichie, released on March 31, 2017. Readers will recall that the ordinance requires the first party that takes over a post-foreclosure property, under most circumstances, to either allow the tenants to continue with their lease or to pay a relocation fee of $10,600 to the tenants who vacate. Continue reading
I had a great time this morning, as always, presenting to fellow attorneys for Chicago Title Insurance Company at their training in Rolling Meadows with respect to updates in landlord tenant law.
Rent control bill introduced
Chicago-based state legislator Will Guzzardi (39th District – D) has introduced House Bill 2430 which seeks to repeal the Illinois Rent Control Preemption Act. That law, discussed in a previous blog entry, was passed in 1997 and prohibits local governments or home rule units from enacting any law, resolution, or regulation that controls rent. At the time of its passage, then Illinois state senator Barak Obama voted against the law. Continue reading
Posted in Rent
Tagged rent control
2017 Illinois rate announced by IDFPR
Well, it took them about two weeks into the new year, but the State of Illinois has released the 2017 security deposit interest rate for those leases governed by the Illinois Security Deposit Interest Act. The law applies to multi-unit residential properties containing 25 or more units for security deposits held for six months or more. There is a change this year and the interest rate now matches the Chicago rate. For 2016, the rate of interest to be paid for those leases is equal to .01%. Here is a link to the historical rates.
Why most Illinois landlords are wrong about their bad tenants!
Many landlords waver at the decision to evict. That’s natural. To most landlords, evictions are scary. Worse yet, Illinois evictions are expensive, uncertain, and take lots of time. Luckily, the vast majority of landlords have never even had to go through an eviction! Continue reading
Quick hit: mandatory renter’s insurance requirements?
No. At this time, there is no ordinance in the City of Chicago that requires that a tenant obtain renter’s insurance. In fact, there is no statute in the State of Illinois that requires a tenant to provide such a policy. Landlords can, as a contractual provision and a requirement of leasing, require tenants to obtain renter’s insurance. Further, there are condominium associations that require that landlords within the association force their tenants to obtain an HO4 or other renter’s insurance policy.
Please note: Quick hits are short, simple answers to questions landlords might be asking – as with everything in landlord tenant law – things are not always short and simple – always consult an attorney before acting!
2017 Rate of Interest on Security Deposits released by Chicago Building Department!
It took a few days, but the 2017 Chicago RLTO interest rate summary is now available. Remember, the interest rate for leases governed by the CRLTO entered into in 2017 is .01%. This summary – the WHOLE THING – needs to be attached to any new or renewal lease pursuant to 5-12-170 of the ordinance. For leases entered into in 2017, do NOT use the 2016 form! Continue reading
New Chicago Recycling Ordinance requires recycling flyer
Last summer, the City of Chicago updated the Chicago Recycling Ordinance. That new law went into effect on January 1, 2017. The new ordinance has a direct effect on most Chicago landlords. This law is not optional! The City of Chicago Department of Streets and Sanitation will be conducting inspections to enforce the new law. Continue reading