12-6-12: RETALIATORY CONDUCT:

   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notice, or the end of the next rental period, whichever is longer, then the tenant's written notice shall be deemed withdrawn and the rental agreement shall remain in full force and effect.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)

12-6-13: PROHIBITION AGAINST LOCKOUTS:

   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)

12-6-14: SUMMARY ATTACHMENT TO RENTAL AGREEMENT:

   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)

12-6-15: RIGHTS AND REMEDIES UNDER OTHER LAWS:

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)

12-6-16: ENFORCEMENT:

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

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

12-7-1: PURPOSE AND INTENT:

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)

12-7-2: DEFINITIONS:

   A.   The following words and phrases, when used in this article, shall have the following meanings:

 

AFFORDABLE HOUSING:	Housing that has a sales price or rental amount that is within the means of an "Eligible Household" as defined herein. In the case of dwelling units for sale, housing that is affordable means housing in which mortgage, amortization, taxes, insurance, and condominium or association fees, if any, constitute no more than thirty percent (30%) of the gross annual household income for a household of the size that may occupy the unit. In the case of dwelling units for rent, housing that is affordable means housing for which the rent and utilities constitute no more than thirty percent (30%) of the gross annual household income for a household of the size that may occupy the unit.
APPLICANT:	An applicant is any individual or entity, including but not limited to developers, not-for-profit organizations, housing owner/operators, and units of government that applies for a grant, loan, or other resources from the Housing Trust Fund.
ELIGIBLE ACTIVITIES:	Eligible Activities shall include those activities that are eligible to receive funding or other resources from the Housing Trust Fund, as set forth in section 12-7-5 of this Chapter.
ELIGIBLE HOUSEHOLD:	A household with in income at or below eighty percent (80%) of the Area Median Income (AMI) for for-sale units and at or below sixty percent (60%) of the AMI for rental units.
HOUSING PROGRAMS ADVISORY COMMITTEE:	The Village's Housing Programs Advisory Committee as established by chapter 2 ("Administration"), article 31 ("Housing Programs Advisory Committee") of this Code, as amended.

 

   B.   To the extent that words or phrases not defined herein are defined in the Village's Zoning Ordinance, such words or phrases shall be deemed to have the meanings set forth therein. (Ord. 22-23, 5-2-2022)

12-7-3: HOUSING TRUST FUND ESTABLISHED:

   A.   Creation; Management and Administration: There is established a Housing Trust Fund to be held as a separate fund within the Village for the sole purpose of providing and preserving affordable housing opportunities within the Village. The Village's Chief Financial Officer shall be responsible for the day-to-day investment and fiscal maintenance and management of the Housing Trust Fund. The day-to-day fiscal maintenance and management shall be undertaken pursuant to the approved investment policies and practices of the Village for other similarly held funds. Except for disbursements and other actions taken as part of the day-to-day fiscal maintenance and management of the Housing Trust Fund, the Chief Financial Officer shall not disburse funds held by the Housing Trust Fund except upon the written direction of the Village Board or otherwise pursuant to the provisions of an approved program. The Village's Housing Programs Advisory Committee shall assist the Village Board with the organization, operation, and implementation of the Housing Trust Fund as set forth in this article.

   B.   Distribution and Use of Housing Trust Fund: Distribution of Housing Trust Fund funds shall be in the form of grants or loans or such other funding mechanisms that support the purposes of the Housing Trust Fund. Any unused Housing Trust Fund funds at the end of a fiscal year shall remain in the Housing Trust Fund for future eligible activities pursuant to the requirements of this article. (Ord. 22-23, 5-2-2022)

12-7-4: HOUSING PROGRAMS ADVISORY COMMITTEE:

The Housing Programs Advisory Committee shall make recommendations to the Village Board regarding the following:

   A.   The goals for the use of Housing Trust Fund resources;

   B.   The Housing Trust Fund's annual budget, including projected expenditures and revenues;

   C.   The procedures for reviewing applications and awarding Housing Trust Fund resources to applicants;

   D.   The criteria to be used by the Housing Programs Advisory Committee, the Village Board, and Village staff in reviewing applications and programs that utilize Housing Trust Fund resources;

   E.   The procedures to be used for disbursing Housing Trust Fund resources;

   F.   The review of applications and programs for Housing Trust Fund awards;

   G.   The procedures to be used to monitor eligible activities funded by the Housing Trust Fund to ensure that Housing Trust Fund resources are used in conformance with all applicable requirements; and

   H.   The evaluation of Housing Trust Fund activities. (Ord. 22-23, 5-2-2022)