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A. The landlord shall maintain the premises in compliance with all applicable provisions of any this Code, including any and all applicable building codes, and section 12-6-5(C) and shall promptly make any and all repairs to fulfill this obligation.
B. The landlord and tenant of any dwelling unit may agree that the tenant is to perform specified repairs, maintenance tasks, alterations, or remodeling only if:
1. The agreement of the parties is entered into in good faith and not for the purpose of evading obligations of the landlord and is set forth in a separate writing signed by the parties and supported by adequate consideration; and
2. The agreement does not diminish or affect the obligation of the landlord to other tenants on the premises.
C. The Landlord Obligation to Provide a Written Notice Concerning Habitability:
1. Before a tenant initially enters into or renews a rental agreement for a dwelling unit, the landlord, or any person authorized to enter into a rental agreement on their behalf, shall disclose to the tenant in writing:
a. Any code violations which have been cited by the municipality or other oversight body during the previous twelve (12) months for the dwelling unit and common areas and provide written notice of the pendency of any code enforcement litigation or administrative hearing. The written notice shall provide the case number of the litigation and/or the identification number of the administrative hearing proceeding and a listing of any code violations cited;
b. Any notice of intent by the municipality or any utility provider to terminate water, gas, electrical, or other utility service to the dwelling unit or common areas. The disclosure shall state the type of service being terminated, the intended date of termination, and whether the termination will affect the dwelling unit, common areas or both.
2. If the landlord fails to comply with section 12-6-10(C), the tenant may terminate the rental agreement by written notice. The written notice shall specify the date of termination no later than thirty (30) days from the date of written notice. In addition, if a tenant, in a civil legal proceeding against an owner or landlord, establishes that the landlord has violated this section, the tenant shall be entitled to recover one (1) month's rent or actual damages, whichever is greater, and reasonable attorney's fees.
D. The landlord has an obligation to maintain the premises free from bed bugs.
1. Landlords subject to this section must provide to all prospective and current lessees with a copy of the current, approved U.S. Environmental Protection Agency federal pamphlet on bed bug prevention, detection and control.
2. In any rental dwelling unit in which an infestation of bed bugs is found or reasonably suspected, it is the responsibility of the landlord to:
a. Provide pest control services by a pest management professional until such time that no evidence of bed bugs can be found and verified;
b. Maintain a written record of the pest control measures performed by the pest management professional on the rental dwelling unit. The record shall include reports and receipts prepared by the pest management professional. The record shall be maintained for three (3) years and shall be open to inspection by authorized city personnel, including but not limited to employees of the departments of health and buildings.
3. In any multiple rental dwelling unit building in which an infestation of bed bugs is found or reasonably suspected, it is the responsibility of the landlord to:
a. Provide pest control services by a pest management professional until such time that no evidence of bed bugs can be found and verified within the building or portion thereof, including the individual rental dwelling units;
b. Maintain a written record of the pest control measures performed by pest management professional on the building. The record shall include reports and receipts prepared by the pest management professional. The record shall be maintained for three (3) years and shall be open to inspection by authorized city personnel, including, but not limited to, employees of the departments of health and buildings.
4. A landlord shall provide the pest control services within ten (10) days after:
a. A bed bug is found or reasonably suspected anywhere on the premises;
b. Being notified in writing by a tenant of a known or reasonably suspected bed bug infestation on the premises or in the tenant's rental dwelling unit.
5. The extermination of bed bugs shall be by inspection, and if necessary, the treatment of the dwelling unit on either side of the affected dwelling unit and the dwelling unit directly above and below the affected dwelling unit. This pattern of inspection and treatment shall be continued until no further infestation is detected.
6. The tenant shall notify the landlord in writing of any bed bug detection within forty-eight (48) hours of noticing the presence of any bed bugs.
7. If the landlord fails to notify the tenant of the intention to comply with section 12-6-10(D) after receipt of written notice, the tenant may terminate the rental agreement by written notice. However, the tenant may exercise the right to terminate the rental agreement only if the tenant first gives the landlord written notice of the landlord's breach of this section and the landlord does not remedy the breach within two (2) business days after the tenant delivered the written notice of breach. The written notice that the tenant intends to terminate the rental agreement shall specify the date of termination no later than thirty (30) days from the date of written notice. The written notices required by this section may be delivered electronically if the parties have previously communicated electronically. In addition, if a tenant in a civil legal proceeding against an owner or landlord establishes that a violation of this section has occurred, they shall be entitled to recover one (1) month's rent or actual damages, whichever is greater, and reasonable attorney's fees. The tenant shall not have this remedy if the tenant unreasonably refused to cooperate with or unreasonably delayed the extermination process.
E. The landlord has an obligation to disclose lead hazards.
1. The landlord must follow all applicable municipal, state and federal regulations regarding lead poisoning and must specifically:
a. Provide all prospective and current lessees with a copy of the current, approved U.S. Environmental Protection Agency federal pamphlet on lead-based paint disclosure; and
b. Disclose any known lead hazards.
2. If the landlord fails to comply with section 12-6-10(E) after receipt of written notice, the tenant shall recover one (1) month's rent or actual damages, whichever is greater, and reasonable attorney fees.
F. The landlord has an obligation to disclose information about ownership, management and agents.
1. The landlord or any person authorized to enter into a rental agreement on their behalf shall disclose to the tenant in writing, on or before the commencement of tenancy, the name, address, and telephone number of:
a. The owner or person authorized to manage the premises;
b. A person authorized to act for or on the behalf of the owner for the purpose of service of process and for the purpose of receiving of notices and demands.
2. A person who fails to comply with section 12-6-10(F) becomes an agent of each person who is a landlord for the purpose of:
a. Service of process and receiving of notices and demands;
b. Performing the obligations of the landlord under this Article and under the rental agreement and expending or making available for that purpose all rent collected from the premises.
3. The information required to be furnished by this section shall be kept current.
4. This section extends to any successor landlord, owner or manager.
5. If the landlord fails to comply with section 12-6-10(F) after receipt of written notice, the tenant may terminate the rental agreement by written notice. However, the tenant may exercise the right to terminate the rental agreement only if the tenant first gives the landlord written notice of the landlord's breach of this section and the landlord does not remedy the breach within two (2) business days after the tenant delivered the written notice of breach. The written notice that the tenant intends to terminate the rental agreement shall specify the date of termination no later than thirty (30) days from the date of written notice. The written notices required by this section may be delivered electronically if the parties have previously communicated electronically. In addition, if a tenant in a civil legal proceeding against an owner or landlord establishes that a violation of this section has occurred, they shall be entitled to recover two hundred dollars ($200.00) in damages in addition to any other damages, attorney's fees, or remedies that the tenant may also be entitled.
G. The landlord has an obligation to disclose foreclosure.
1. Within seven (7) days of being served a foreclosure complaint, an owner or landlord of a premises that is subject to the foreclosure complaint, shall disclose, in writing, to all tenants of the premises that a foreclosure action has been filed against the owner or landlord. An owner or landlord shall also disclose, in writing, the notice of a foreclosure to any other third party who has a consistent pattern and practice of paying rent to the owner or landlord on behalf of a tenant.
2. Before a tenant initially enters into a rental agreement for a dwelling unit, the owner or landlord shall also disclose, in writing, that they are named in a foreclosure complaint.
3. The written disclosure shall include the court in which the foreclosure action is pending, the case name, case number and shall include the following language:
“This is not a notice to vacate the premises. This notice does not mean ownership of the building has changed. All tenants are still responsible for payment of rent and other obligations under the rental agreement. The owner or landlord is still responsible for their obligations under the rental agreement. You shall receive additional notice if there is change in owner.”
4. If the owner or landlord fails to comply with section 12-6-10(G), the tenant may terminate the rental agreement by written notice. The written notice shall specify the date of termination no later than thirty (30) days from the date of written notice. In addition, if a tenant in a civil legal proceeding against an owner or landlord establishes that a violation of this section has occurred, they shall be entitled to recover two hundred dollars ($200) in damages in addition to any other damages, attorney's fees or remedies to which the tenant may also be entitled.
H. Limitation of Liability:
1. Unless otherwise agreed upon, a landlord who sells the premises is relieved of liability under the agreement and this Article for events occurring after the conveyance and occurring subsequent to written notice to the tenant of the sale.
2. Unless otherwise agreed, the manager of the premises is relieved of liability under the rental agreement and this Article for events occurring after written notice to the tenant of the termination of their management.
I. The landlord shall provide a summary attachment of the Oak Park Residential Tenant Landlord Ordinance as set forth in section 12-6-14. If the landlord fails to comply with section 12-6-10(I), the tenant may terminate the rental agreement by written notice. However, the tenant may exercise the right to terminate the rental agreement only if the tenant first gives the landlord a written notice of the landlord's breach of this section and that also provides notice that the landlord must remedy the breach within two (2) business days after the tenant delivered the written notice of breach. The written notice that the tenant intends to terminate the rental agreement shall specify the date of termination no later than thirty (30) days from the date of written notice. The written notices required by this section may be delivered electronically if the parties have previously communicated electronically. In addition, if a tenant in a civil legal proceeding against an owner or landlord establishes that the landlord has violated this section and failed to remedy the breach within two (2) business days from the date the tenant delivered written notice of the breach, the tenant shall be entitled to recover two hundred dollars ($200.00) in damages in addition to any other damages, attorney's fees, or remedies that the tenant may also be entitled. (Ord. 21-60, 7-19-2021)
A. A landlord may not demand or receive a security deposit in an amount in excess of one and one-half months' rent. A landlord may not avoid the coverage of this subsection by labeling the fee or charge as anything other than a security deposit.
B. A tenant shall pay the landlord, at the time the tenant moves into the premises or at any other time mutually agreed upon by the parties, the amount of the security required by the landlord. Any portion in excess of one (1) month's rent, at the election of the tenant, shall be paid either at the time the tenant pays the initial security deposit, or shall be paid in no more than six (6) equal installments no later than six (6) months after the effective date of the lease.
C. Upon termination of the tenancy, property or money held by the landlord as a security deposit shall be returned to the tenant within 30 days after the tenant has vacated their dwelling, provided that the landlord or successor landlord may deduct from the security deposit for the following:
1. Any unpaid rent that has not been validly withheld or deducted pursuant to state or federal law or this Code and any courts costs (but not attorney's fees) awarded by a court in a case that has not been subsequently settled;
2. Any reasonable amount necessary to repair any damage caused to the premises by the tenant, or any person under the tenant's control or on the premises with the tenant's consent, reasonable wear and tear excluded. In the case of such damage, the landlord shall deliver or mail to the last known address of the tenant, within thirty (30) days, an itemized statement of the damages allegedly caused to the premises and the estimated or actual cost for repairing or replacing each item on that statement, attaching copies of the paid receipts for the repair or replacement. If estimated cost is given, the landlord shall furnish the tenant with copies of paid receipts, or a certification of actual costs of repairs of damage if the work was performed by the landlord's employees, within thirty (30) days from the date the statement showing estimated costs was furnished to the tenant.
D. A landlord shall hold all security deposits in a federally insured account in a bank, savings and loan association, or other financial institution located in the state of Illinois. A security deposit shall continue to be the property of the tenant making such deposit, shall not be commingled with the assets of the landlord, and shall not be subject to the claims of a creditor of the landlord or of the landlord's successors in interest, including a foreclosing mortgagee or trustee in bankruptcy.
E. Notwithstanding this section, a landlord may accept the payment of the first month's rent and security deposit in one check or one electronic funds transfer and deposit the check or electronic funds transfer into one account if, within seven (7) business days of acceptance of the check or electronic funds transfer, the landlord transfers the amount of the security deposit into a separate account that complies with this section.
F. The landlord shall clearly and conspicuously disclose the name of the financial institution where the landlord has deposited the security deposit in the written rental agreement signed by the tenant.
G. If, during the pendency of the rental agreement, the landlord transfers the security deposit from one financial institution to another, the landlord shall notify the tenant in writing of the name of the new financial institution within fourteen (14) days of the transfer or within a reasonable time, given all circumstances.
H. Any landlord who receives a security deposit from a tenant shall give a receipt indicating the amount of such security deposit, the name of the person receiving it, and, in the case of the agent, the name of the landlord for whom such a security deposit is received, the date on which it is received, and a description of the dwelling unit. The receipt shall be signed by the person receiving the security deposit. Failure to comply with this subsection shall entitle the tenant to immediate return of the security deposit.
I. Upon payment of the security deposit by means of an electronic funds transfer, the landlord shall give the tenant a receipt that complies with this section, or an electronic receipt that complies with this section, or an electronic receipt that acknowledges the receipt of the security deposit, a description of the dwelling unit, and an electronic or digital signature of the person receiving the deposit.
J. If a landlord, who has received a security deposit, sells, leases or transfers ownership or otherwise transfers control or other direct or indirect disposition of residential real property, the successor landlord of this property shall be liable to that tenant for any security deposit which has been paid to the transferor.
K. The transferor shall remain jointly and severally liable with the successor landlord to the tenant for such security deposit unless and until this transferor transfers the security deposit to the successor landlord and provides written notice to the tenant of the transfer, specifying the name, business address and business telephone number of the successor landlord or their agent within ten (10) days of the transfer.
L. Within fourteen (14) days from the date of the transfer, the successor landlord shall notify the tenant, in writing, that the security deposit was transferred to the successor landlord and that the successor landlord is holding the security deposit. This written notice shall also contain the name, business address and business telephone number of the successor landlord or their agent.
M. If the landlord fails to comply, the tenant shall have a right to seek damages.
1. If the landlord fails to comply with section 12-6-11(A). 12-6-11(B), 12-6-11(C), the tenant shall be awarded damages in an amount equal to two times the security deposit and reasonable attorney's fees. This section does not preclude the landlord or tenant from recovering other damages to which they may be entitled under this Article.
2. If the landlord fails to comply with one or more of the disclosure requirements as set forth in sections 12-6-11(D) through 12-6-11(L), the tenant may notify the landlord of the landlord's failure to comply with this section by written notice. Within two (2) business days after the receipt of the tenant's written notice, the landlord shall remedy and provide the disclosures as described in those sections. The written notices required by this section may be delivered electronically if the parties have previously communicated electronically. The written notice from the tenant to the landlord must include that there has been a breach of the rental agreement and that the landlord must remedy the breach within two (2) business days after the tenant delivered the written notice or face damages. If the landlord fails to remedy within two (2) business days, the tenant shall be awarded damages in an amount equal to two times the security deposit and reasonable attorney fees. This section does not preclude the landlord or tenant from recovering other damages to which they may be entitled under this Article. (Ord. 21-60, 7-19-2021)
A. Except as provided for in this section, a landlord may not retaliate by increasing rent or decreasing services, or by bringing or threatening to bring action for possession, or by refusing to renew a rental agreement because the tenant has in good faith:
1. Complained of code violations to a governmental agency, including the Village, elected representative, or public official charged with responsibility for enforcement of a building, housing, health, or similar code;
2. Complained of a building, housing, health, or similar code violation or an illegal landlord practice to a community organization or the news media;
3. Sought the assistance of a community organization, including a legal aid organization, or the news media to remedy a code violation or illegal landlord practice;
4. Requested the landlord make repairs to the premises as required by a building code, health ordinance, other regulation, or the residential rental agreement;
5. Organized or becomes a member of a tenant union or similar organization;
6. Testified in any court or administrative proceeding concerning the condition of the premises; or
7. Exercised any right or remedy provided by law.
B. If the landlord violates section 12-6-12, the tenant has a cause of action against the landlord or a defense in any retaliatory action against them and is entitled to the following remedies:
1. If the landlord attempts to terminate the rental agreement, the tenant may retain possession by raising this section as a defense. If the tenant prevails on this defense, the tenant shall recover an amount equal to not more than two (2) months' rent or twice the damages sustained by the tenant, whichever shall be greater, and reasonable attorney's fees.
2. The tenant may terminate the rental agreement and vacate the property by giving the landlord written notice of the tenant's intent to terminate the rental agreement. If the tenant does not vacate the property within one (1) month after giving written notice, or the end of the next rental period, whichever is longer, then the tenant's written notice shall be deemed withdrawn and the rental agreement shall remain in full force and effect. If the rental agreement is terminated, the landlord shall return the security deposit within three (3) days after the tenant tenders possession.
3. If the tenant files a cause of action against the landlord, the tenant shall recover an amount equal to not more than two (2) months' rent or twice the damages sustained by the tenant, whichever is greater, and reasonable attorney's fees.
C. In an action by or against the tenant, if the tenant presents evidence of a complaint within one (1) year prior to the alleged act of retaliation, the court shall presume that the landlord's conduct is retaliatory. The landlord may rebut the presumption of retaliation by proving a legitimate, non-retaliatory basis for the conduct.
D. The presumption shall not arise if the tenant made the complaint after written notice of a proposed rent increase.
E. A landlord's behavior shall not be considered retaliatory if any code violation was caused primarily by the lack of care of the tenant, a member of the tenant's family or other person on the premises with the tenant's consent. (Ord. 21-60, 7-19-2021)
A. The landlord, or any person acting at the direction of the landlord, shall not oust or dispossess, or threaten or attempt to oust or dispossess, any tenant from a dwelling unit without authority of law, by plugging, changing, adding or removing any lock or latching device; or by blocking any entrance into said dwelling unit; or by removing any door or window from said dwelling unit; or by interfering with the services to the dwelling unit, including but not limited to electricity, gas, hot or cold water, plumbing, heat, telephone service, or internet; or by removing a tenant's personal property from said dwelling unit; or by the removal or incapacitating of appliances or fixtures, except for the purpose of making necessary repairs; or by the use or threat of force, violence or injury to a tenant's person or property; or by any act rendering a dwelling unit or any part thereof, or any personal property located therein, inaccessible or uninhabitable. The foregoing shall not apply where:
1. A landlord acts in compliance with the eviction laws of Illinois pertaining to forcible entry and detainer and engages the Sheriff of Cook County to forcibly evict a tenant or their personal property; or
2. A landlord interferes temporarily with possession only as necessary to make needed repairs or inspection and only as provided by law; or
3. The landlord acts in compliance with the laws of Illinois pertaining to distress for rent, including, but not limited to section 9-301 et seq. ("Distress for Rent") of the Illinois Code of Civil Procedure, 735 Illinois Compiled Statutes 5/9-301 et. seq., for the removal of personal property; or
4. The tenant has abandoned the dwelling unit, as prescribed in section 12-6-9(B)(2).
B. If a tenant, in a civil legal proceeding against the landlord, establishes that the landlord has violated section 12-6-13, the tenant shall be entitled to recover possession of the dwelling unit and personal property. In addition, the tenant shall recover an amount equal to not more than two (2) months' rent or twice the actual damages sustained by the tenant, whichever is greater, and reasonable attorney's fees. (Ord. 21-60, 7-19-2021)
A. The Village shall provide a summary of this article, describing the respective rights, obligations, and remedies of landlords and tenants hereunder and shall make such summary available for public inspection and copying. A copy of such summary will be made available in multiple languages on the Village's website. A copy of such summary shall be attached to each written rental agreement when such agreement is initially offered to any tenant or prospective tenant by or on behalf of a landlord and whether such agreement is for rental or renewal thereof.
B. If the landlord acts in violation of this section, the tenant may terminate the rental agreement by written notice as set forth in the section 12-6-10(I). (Ord. 21-60, 7-19-2021)
To the extent that this article provides no rights or remedies in a circumstance, the rights and remedies available to landlords and tenants under the laws of the State of Illinois or other applicable law, including a provision of this Code, shall remain applicable. (Ord. 21-60, 7-19-2021)
In addition to any other remedy or penalty set forth in this article, any person found to be in violation of a provision of this article shall be subject to a fine in accordance with section 1-1-5 of this Code. Each day that a violation continues to occur shall constitute a separate and distinct offense. (Ord. 21-60, 7-19-2021)
ARTICLE 7
HOUSING TRUST FUND
HOUSING TRUST FUND
SECTION:
12-7-1: Purpose and Intent
12-7-2: Definitions
12-7-3: Housing Trust Fund Established
12-7-4: Housing Programs Advisory Committee Responsibilities
12-7-5: Eligibility Requirements
12-7-6: Review and Approval of Applications and Programs
12-7-7: Conditions
12-7-8: Sources of Funds
The purpose of this article is to provide sustainable financial resources to address the affordable housing needs of eligible households in Oak Park by preserving and producing affordable housing, providing housing-related financial support and services to eligible households and providing financial support for not-for-profit organizations that actively address the affordable housing needs of eligible households. (Ord. 22-23, 5-2-2022)
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