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A. The provisions of this article shall apply to all agents, successors and assignees of an applicant.
B. The Village may institute injunction, mandamus, or any other appropriate legal actions or proceedings for the enforcement of this article. In addition, any person, firm, or entity, whether as principal, agent, employee or otherwise, who violates, disobeys, omits, neglects, or refuses to comply with or resists the enforcement of any of the provisions of this article shall be fined not less than two hundred dollars ($200.00) nor more than five hundred dollars ($500.00) for each offense. Each day such violation or failure to comply is permitted to exist after notification thereof shall constitute a separate offense. (Ord. 19-26, 3-11-2019)
ARTICLE 6
RESIDENTIAL TENANT AND LANDLORD ORDINANCE
RESIDENTIAL TENANT AND LANDLORD ORDINANCE
SECTION:
12-6-1: Title, Purpose and Scope
12-6-2: Exclusions
12-6-3: Definitions
12-6-4: Rental Agreements
12-6-5: Tenant Rights
12-6-6: Tenant Remedies
12-6-7: Tenant Obligations
12-6-8: Landlord Rights
12-6-9: Landlord Remedies
12-6-10: Landlord Obligations
12-6-11: Security Deposit
12-6-12: Retaliatory Conduct
12-6-13: Prohibition Against Lockouts
12-6-14: Summary Attachment to Rental Agreement
12-6-15: Rights and Remedies Under Other Laws
12-6-16: Enforcement
A. This article shall be known and may be cited as the Residential Tenant and Landlord Ordinance and shall be liberally construed and applied to promote its purposes and policies.
B. The purpose of this article and the policy of the Village is to protect and promote the public health, safety, and welfare of its residents, to establish the rights and obligations of the tenant and the landlord in the rental of dwelling units, and to encourage the tenant and the landlord to maintain and improve the quality of housing.
C. This article applies to, regulates, and determines rights, obligations, and remedies under a rental agreement, wherever made, for a dwelling unit located within the Village. In addition, this article applies specifically to rental agreements for dwelling units operated under subsidy programs of agencies of the United States and/or the State of Illinois, including specifically programs operated or subsidized by the Oak Park Housing Authority, Housing Authority of Cook County and/or Illinois Housing Development Authority to the extent that this article is not in direct conflict with statutory or regulatory provisions governing such programs.
D. This article is subject to the home rule as established by the Constitution of the State of Illinois Article VII Section 6. Powers of Home Rule Units. This article regulates all residential buildings and structures that exist or are erected, constructed, altered, demolished, or relocated within the boundaries of the Village. (Ord. 21-60, 7-19-2021)
A. The following arrangements are not governed by this article:
1. Transient occupancy in a hotel or motel;
2. Residence at a public or private medical, extended care facility, geriatric facility, convent, monastery, religious institution, temporary overnight shelter, transitional shelter, educational dormitory, or in a structure operated for the benefit of a social or fraternal organization;
3. Occupancy under a contract sale of a dwelling unit if the occupant is the purchaser;
4. Occupancy in a cooperative apartment by a shareholder of the cooperative;
5. Occupancy by an employee of a landlord whose occupancy is conditional upon employment in or about the premises;
6. Residential buildings in which occupancy is limited to six (6) units or less and which are owner-occupied;
7. A residential unit that is a single-family home, including a single condominium unit, provided that:
a. This is the only residential unit leased by the owner;
b. The owner or immediate family member has actually resided at the property for at least one (1) month in the twelve (12) months prior to marketing the property;
c. The owner (not a management company) personally manages the unit; and
d. The owner is not a corporation;
8. Dwelling units in hotels, motels, inns, bed-and-breakfast establishments, rooming houses, and boardinghouses, but only until such time as the dwelling unit has been occupied by a tenant for thirty-two (32) or more continuous days and tenant pays a monthly rent, exclusive of any period of wrongful occupancy contrary to agreement with an owner. No landlord shall bring an action to recover possession of such unit, or avoid renting periodically, in order to avoid the application of this Article. Any willful attempt to avoid application of this Article by an owner may be punishable by criminal or civil actions.
B. If a residence is excluded from coverage by the above exclusions, the owner shall make this exclusion known to prospective tenants in marketing materials and shall prominently state the exclusion on any application materials before the owner accepts any application fees, credit check fees, or holding fees.
C. The anti-lockout prohibition contained in section 12-6-13 applies to all dwelling units in the Village that are otherwise excluded by subsections 3, 5, 6, 7, and 8 of subsection A above.
D. A landlord shall not create a rental agreement in the form of an excluded agreement to avoid the application of this article. (Ord. 21-60, 7-19-2021)
Whenever used in this article, the following words and phrases shall have the following meanings:
DWELLING UNIT: A structure or part of a structure that is used as a home, residence, or sleeping place by one or more persons who maintain a household together, with the common areas and all housing services, privileges, furnishings, and facilities supplied in connection with the use or occupancy thereof, including garage and parking facilities. A dwelling unit includes a mobile or manufactured home where the tenant has entered into rental agreement to reside in the home. Where a dwelling unit is also governed by the Mobile Home Landlord and Tenant Rights Act, 765 Illinois Compiled Statutes 745/1 et seq. (MHLTRA), this article shall augment and not replace the rights of both landlords and tenants as set out in the MHLTRA. Where there is a direct conflict between the provisions of this article and the MHLTRA, this article shall take precedence except for the following sections of the MHLTRA which shall govern: Section 6 - "Obligation of Park Owner to Offer Written Lease," 765 Illinois Compiled Statutes 745/6; Section 8 - "Renewal of Lease," 765 Illinois Compiled Statutes 745/8; and Section 9.5 - "Abandoned or Repossessed Properties," 765 Illinois Compiled Statutes 745/9.5. Section 12-6-11 of this Article ("Security Deposit") shall supersede in its entirety Section 18 of the MHLTRA ("Security Deposit; Interest"), 765 Illinois Compiled Statutes 745/18, in its entirety.
HARASS OR HARASSING: Knowing conduct which is not necessary to accomplish a purpose reasonable under the circumstances that would cause a reasonable person emotional distress to the tenant and does cause emotional distress to another.
LANDLORD: The owner, agent, lessor, sublessor, or the successor in interest of any of them of a dwelling unit or the building of which it is part.
MOVE-IN FEE: The fee that a landlord charges to a tenant that is reasonably related to the landlord's cost for a tenant moving into the dwelling unit including, but not limited to, additional security costs or additional trash removal.
OWNER: One or more persons, jointly or severally, in whom is vested all or part of the legal title to property, or all or part of the beneficial ownership, and a right to present use and enjoyment of the premises including a mortgagee in possession.
OWNER-OCCUPIED: The residential building, or at least a portion or one unit thereof, condominium, or cooperative, is occupied by the owner of the residential building as their principal residence.
PERSON: An individual, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal or commercial entity, unless otherwise expressly excluded.
PREMISES: The dwelling unit, and the structure of which it is a part, facilities and appurtenances therein, and grounds, areas, and facilities held out for the use of tenants.
RENT: All payments to be made to the landlord under the rental agreement. When it is used as a determination of damages, and the tenant has a subsidized rent, such as a Housing Choice Voucher, "rent" shall mean the full market rent, not the tenant rent based on income.
RENTAL AGREEMENT OR LEASE: A written or oral agreement, and any valid rules and regulations adopted pursuant to section 12-6-8(C) embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises.
SECURITY DEPOSIT: Funds provided to a landlord to secure payment or performance of a tenant's obligations under a rental agreement, or the obligations of the tenant for its guests or pets, and the identifiable proceeds of the funds, however denominated. The term does not include rent or fees.
TENANT: A person entitled, by written or oral agreement, subtenancy approved by the landlord, or by sufferance, to occupy a dwelling unit to the exclusion of others.
WRITTEN NOTICE: Communications in writing shared as handwritten, typed, or printed documents, mailed documents, or electronically mailed or messaged documents. (Ord. 21-60, 7-19-2021)
A. When a landlord and a tenant enter into a rental agreement, that rental agreement shall comply with the requirements of this article regardless of the duration of the tenancy. A landlord and tenant may include in a rental agreement any terms and conditions that are not prohibited by this article and other rules of law, including rent, term of the agreement, and other provisions governing the rights and obligations of the parties.
B. Any written rental agreement subject to this article shall contain the full names of all known occupants of the dwelling unit leased or to be leased under the rental agreement. The individual occupancy of the dwelling unit shall in no case exceed the maximum occupancy permitted by section 404.4.1 ("Room Area") and section 404.5.1 ("Maximum Number of Occupants") of the 2009 International Property Maintenance Code as adopted by the Village pursuant to section 7-13-2 ("Amendments") of this Code, as amended.
C. Rent is to be payable at the time and place agreed upon by the parties. Unless otherwise agreed, rent is payable at the dwelling unit at the beginning of any term of one (1) month or less and, otherwise, in equal monthly installments at the beginning of each month. Unless otherwise agreed, rent shall be uniformly apportionable from day to day.
D. Unless otherwise agreed, when a tenant pays weekly, the tenancy shall be week to week and, in all other cases, month-to-month.
E. Effect of an Unsigned or Undelivered Written Rental Agreement.
1. If the landlord and tenant have agreed to a written rental agreement, and the landlord fails to sign or deliver the written agreement to the tenant, the landlord's acceptance of rent, without reservation by the landlord, gives the rental agreement the same effect as if the landlord had signed and delivered the written rental agreement to the tenant.
2. If the landlord and tenant have agreed to a written rental agreement, and the tenant fails to sign or deliver the written agreement to the landlord, the tenant's acceptance of possession and payment of rent, without reservation, gives the rental agreement the same effect as if the tenant had signed and delivered the written rental agreement to the landlord.
3. A written rental agreement given effect by the operation of this section shall have a term of one (1) year.
F. Prohibited Provisions. A rental agreement shall not provide that the tenant or the landlord:
1. Agrees to waive or to forego rights or remedies under this article, Illinois state law, or federal law;
2. Authorizes a confession of judgment, or any entry of a judgment by a court without written notice or a trial, for any claim, including but not limited to debts, liabilities, damages, and obligations, arising out of the rental agreement;
3. Agrees to a waiver of: any written termination of tenancy notice or manner of service thereof provided under state law or this Article, summons, copy of complaint, petition, right to notice, motion, entry of appearance, or other documents from the court as established through judicial process in the manner provided by the Illinois Code of Civil Procedure, 735 Illinois Compiled Statutes 5/2-201 et seq., or any action, regardless of good cause or cost;
4. Agrees to a non-disparagement clause that limits any written or oral statements, remarks, or other communications, public or private, directly or indirectly, made by tenants regarding the landlord, property, management, staff, officers, directors, representatives, investors, shareholders, administrators, affiliates, employees, affiliated corporations, divisions, or subsidiaries;
5. Agrees to the limitation of any liability of the tenant or landlord arising under law or to indemnify the tenant or landlord for that liability or the costs connected therewith;
6. Agrees to waive the right of any party to a trial by jury;
7. Agrees that in the event of a lawsuit arising out of the tenancy the tenant will pay the landlord's attorney's fees except as provided for by court rules, statute or Ordinance. This paragraph shall also apply to a mobile home owner who, as a tenant, rents a manufactured home lot in a mobile home park as the terms "tenant," "manufactured home" or "mobile home," "lot," and "mobile home park," are defined or used in the Mobile Home Landlord and Tenant Rights Act, 765 Illinois Compiled Statutes 745/1 et seq.;
8. Agrees that either party may cancel or terminate a rental agreement at a different time or within a shorter time period than the other party, unless such provision is disclosed in a separate written notice;
9. Agrees that a tenant shall pay a charge, fee or penalty in excess of ten dollars ($10.00) per month for the first one thousand dollars ($1,000.00) in monthly rent plus five (5) percent per month for any amount in excess of one thousand dollars ($1,000.00) in monthly rent for the late payment of rent. This paragraph shall also apply to a mobile homeowner who, as a tenant, rents a manufactured home lot in a mobile home park as the terms, "tenant", "manufactured home" or "mobile home," "lot," and "mobile home park," are defined or used in the Mobile Home Landlord and Tenant Rights Act, 765 Illinois Compiled Statutes 745/1 et seq.;
10. Agrees that a tenant shall receive a discount in excess of ten dollars ($10.00) per month for the first one thousand dollars ($1,000.00) in monthly rent plus five (5) percent per month for any amount in excess of one thousand dollars ($1,000.00) in monthly rent if the tenant pays rent before a specified date or within a specified time period in the month;
11. Agrees that a landlord may apply rent payments to a charge other than rent, including but not limited to utilities, fines, late fees or other charges; or
12. Agrees that the landlord shall not impose a fee in excess of the reasonable cost of that expense, including, but not limited to, credit-check fees and move-in fees. A landlord shall not rename a fee or charge to avoid application of this prohibition.
G. A landlord shall not enforce a provision prohibited by section 12-6-4. If a landlord deliberately uses a rental agreement containing any provision known by the landlord to be prohibited, the tenant may recover actual damages or two (2) months' rent, whichever is greater.
H. The provisions, provided in section 12-6-4(F), apply to new rental agreements starting on or after June 1, 2021. (Ord. 21-60, 7-19-2021)
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