12-5-6: DISTRIBUTION AND ATTRIBUTES OF ON SITE AFFORDABLE DWELLING UNITS:

   A.   Location Of Affordable Dwelling Units: Affordable dwelling units shall be within the covered development.

   B.   Exterior Appearance: The exterior appearance of the affordable dwelling units in any covered development shall be visually compatible with the market rate dwelling units in the covered development.

   C.   Interior Appearance And Finishes: Affordable dwelling units may have different interior appearance and finishes than market rate units, but the interior finish materials shall be contractor grade or higher.

   D.   Mix Of Bedroom Types Of Affordable Units: The bedroom mix of affordable dwelling units shall be in equal proportion to the bedroom mix of the market rate dwelling units within the covered development or as determined by the Director.

   E.   Energy Efficiency: Standard components related to energy efficiency, including, but not limited to, mechanical equipment and plumbing, insulation, windows, and heating and cooling systems, shall be the same in market rate dwelling units and affordable dwelling units. (Ord. 19-26, 3-11-2019)

12-5-7: CASH PAYMENT IN LIEU OF PROVIDING AFFORDABLE DWELLING UNITS:

An applicant may pay a fee in lieu of building each affordable dwelling unit required by section 12-5-3 of this article for a covered development as set forth below.

   A.   The fee in lieu amount per affordable dwelling unit shall be one hundred thousand dollars ($100,000.00). The fee in lieu will be adjusted annually based on the consumer price index.

   B.   All cash payments received pursuant to this article shall be deposited directly into the Village's Affordable Housing Fund.

   C.   Unless otherwise preempted by law, any fee in lieu shall be paid at the same time as payment is made for a building permit(s).

   D.   The in-lieu fee shall be calculated at the time the applicant submits an application for a building permit with the department. The fee as calculated will be valid for two (2) years following the date it is calculated by the department and cannot be reduced within the two-year period for a reduction in the number of units.

   E.   An applicant that pays a fee in lieu pursuant to this section shall not be eligible for a permit fee reduction set forth in subsection 12-5-3B of this article or to density or height bonuses pursuant to section 12-5-9 of this article. (Ord. 19-26, 3-11-2019)

12-5-8: AFFORDABILITY CONTROLS:

   A.   Affordable Housing Agreement To Ensure Compliance During The Affordability Period: Prior to issuance of a building permit for any development or conveyance of title of any dwelling unit in any development, the applicant shall have entered into an affordable housing agreement with the Village regarding the specific requirements and restrictions imposed by the Village Board upon the approved development. The applicant shall agree to execute any and all documents deemed necessary by the Village, including, without limitation, deed restrictions, restrictive covenants, and other related instruments, to ensure the continued affordability of the affordable dwelling units in accordance with this article. The affordable housing agreement shall set forth the commitments and obligations of the Village and the applicant, and shall incorporate, among other documents, the inclusionary housing plan. If applicable, the affordable housing agreement shall also detail the fee in lieu or alternative equivalent action of providing on site affordable dwelling units as set forth in section 12-5-7 of this article.

   B.   Rental Compliance: The developer, or its successor, assignee, or designee, shall submit an annual compliance report to the Village describing each affordable unit in detail including but not limited to changes in tenancy, turnovers, and income certifications for all new tenants upon request of the Director for the affordability period, rental as defined in section 12-5-2 of this article. The developer, or its successor, assignee, or designee shall complete annual re-certifications of tenants renting affordable units to the Village for the affordability period, rental as defined in section 12-5-2 of this article. (Ord. 19-26, 3-11-2019)

12-5-9: DENSITY AND HEIGHT BONUS:

   A.   A density bonus shall be permitted when affordable units are constructed within a covered development in accordance with section 12-5-3 of this article. One bonus market rate dwelling unit shall be permitted for each affordable unit constructed within the covered development.

   B.   If the construction of the affordable unit(s) causes the covered development to exceed a height limitation set forth in the Village's Zoning Ordinance, a variation shall automatically be granted for the number of feet that the covered development exceeds the height limitation. (Ord. 19-26, 3-11-2019)

12-5-10: ENFORCEMENT:

   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

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

12-6-1: TITLE, PURPOSE AND SCOPE:

   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)

12-6-2: EXCLUSIONS:

   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)