Yesterday’s Chicago Tribune contained a story about complaints from fair housing advocates to the Cook County Board concerned with recent events whereby Glenview, Illinois has attempted to exempt itself from application of Cook County’s recent amendment to the fair housing portion if its human rights ordinance making it illegal to refuse to rent to Section 8 voucher holders.
Illinois enacts new tenant protections related to forclosure
On August 21, 2013, Governor Quinn signed into law a bill passed by the Illinois Legislature this past June providing additional protections to tenants affected by foreclosures. The law amends the Illinois Mortgage Foreclosure Act and goes into effect in 90 days. Should people care? Probably not right now.
The main provision of the law is that
Change to Cook County Circuit Court fees for an alias summons
Prior to now, the Circuit Court of Cook County used to charge $6 for an alias summons (the summons that is needed if the initial summons cannot be served). They have changed that procedure and now charge $6 per defendant being served on the alias summons. Welcome to 2013.
Landlords beware: assessor can now crack down on wrongful property tax exemptions
The Illinois Legislature has passed an amendment, effective immediately, to the Illinois Property Tax Code adding a new section to the law at 35 ILCS 200/9-275. The law, which has been long opposed by Illinois landlords, allows the county assessor to go back as many as six assessment years (depending on the number of exemptions claimed) prior to the current assessment year, to record a tax lien against a parcel that was granted an improper property tax exemption. Exemptions that the assessor can challenge are the disabled veteran exemption, returning veteran exemption, disabled person exemption, disabled veteran standard homestead, senior citizen exemption, senior citizens assessment freeze, general homestead exemption, alternative general homestead exemption, and long-time occupant exemption.
Appellate court recognizes tenant protections of Federal Protecting Tenants at Foreclosure Act
In a June 28, 2013 ruling, the second division of the Illinois Appellate Court for the First District reversed a lower court ruling granting summary judgment to a foreclosing bank evicting a tenant who had a bona fide lease. In Fifth Third Mortgage Company v. Foster, a foreclosing bank served a 90 day notice on an occupying tenant pursuant to section 702(a)(2) of the Federal Protecting Tenants at Foreclosure Act (PTFA) stating that the tenant would have to vacate within 90 days unless the tenant provided evidence to the landlord that the tenant was a bona fide tenant under the PTFA.
Penalties are harsh for violation of Chicago’s bedbug law
In 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”).
Residential tenants have responsibilities under new Chicago Bedbug Ordinance
The 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)
New law says Chicago landlords must exterminate bedbugs
Prior 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:
CRLTO Amended – New section 5-12-101 imposes new bedbug education requirements
As 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 … Read more
Chicago passes new Bedbug ordinance
On 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 … Read more