A. The owner of a building located in a village in a county having a population in excess of one hundred thousand (100,000) inhabitants who, directly or indirectly, has collected, or caused to be collected, rentals from an occupant of that building during a period in which the number of apartments or family units in that building exceeded the number permitted for that building by an ordinance of the village in which the building is located, is liable to any such occupant in an amount equal to not more than three (3) times the amount of any rentals paid by any such occupant, or in their behalf, after January 1, 1970, together with court costs and reasonable attorney fees. If the occupant is a recipient of public aid under 305 Illinois Compiled Statutes 5/3-1 et seq., 5/4-1 et seq., or 5/6-1 et seq., in whose behalf vendor payment of the rental was made by the Illinois department of public aid, the department of human services (acting as successor to the department of public aid under 20 Illinois Compiled Statutes 1305/1-1 et seq.), or a local governmental unit, as the case may be, the liability as herein provided is to the Illinois department of public aid, the department of human services (acting as successor to the department of public aid under the department of human services act), or the local governmental unit making the vendor payment of the rental.
B. For the purposes of this section:
FAMILY UNIT: A room or group of rooms used or intended to be used as a housekeeping unit for living, sleeping, cooking and eating. The fact that any such family unit is used or intended to be used with cooking or eating accommodations in common with another family unit in any such building does not affect liability hereunder.
OWNER: The legal or beneficial owner of a building.
C. No liability accrues under this section until thirty (30) days after the owner of record of a building has been notified in writing that such owner is in violation of any such village ordinance. Such notice shall be personally served upon such owner of record or sent by registered mail to the last known address of such owner. (Ord. 2011-28, 12-20-2011)