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(1) Where the tenant alleges a violation of this Chapter, the tenant may contact the local police to obtain police assistance in regaining entry into the premises. It shall be the duty of the landlord or the landlord's agent to establish that the eviction action undertaken was lawful by making available to the Police Department a copy of the relevant writ of possession or by verifying the existence of the writ to the Police Department, the Sheriff or the court-appointed landlord-tenant officer for verification thereof. The Sheriff and/or the court-appointed landlord-tenant officers shall maintain records of all current executions of writs issued by the Court so that verification of legal process may be readily obtained. Where the landlord is unable to produce a copy of the relevant proof of lawful execution of a judgement of possession or other verification thereof, the tenant shall be entitled to regain possession of the premises immediately and the landlord shall be prohibited from blocking or inhibiting re-entry in any way.
(2) Any tenant who is restored possession of a premises as described under this Section, shall have the right to terminate the lease agreement without any penalty, including any early termination fees that may otherwise be applicable to such termination, within 30 days of being restored possession.
Notes
1182 | Amended, Bill No. 200304 (approved July 1, 2020). |
(1) Any person who engages in the self-help eviction activities described in this Chapter or who assists in such activities shall be guilty of a Class III offense, and shall be subject to a fine as set forth in subsection 1-109(3). Each day a violation continues or is permitted to continue shall constitute a separate offense for which a separate penalty shall be imposed. A violation shall cease when the unlawful conduct as set forth in subsection 9-1602(1)(a) 1184 ends or when the tenant no longer seeks to exercise his or her rights by regaining possession of said premises.
(2) Private Right of Action. An individual who has been the victim of a self-help eviction practice prohibited under this Chapter 9-1600 shall have a private right of action against any landlord who violates Section 9-1603, directly or through an agent, and may recover, for each such violation, actual damages, reasonable attorneys' fees and court costs to the extent allowed by law, punitive damages not to exceed two thousand dollars ($2,000) per violation, and such other relief, including injunctive relief, as the court may deem appropriate. Provided that, for any self-help eviction practice that occurs after a tenant regains possession of the premises after a prior self-help eviction practice, or that occurs or continues after the Fair Housing Commission issues a finding or order determining that a self-help eviction practice had occurred, each day such subsequent self-help eviction practice continues shall be considered a separate violation for the purpose of determining the limit of punitive damages that may be recovered. This subsection in no way limits the rights of private parties to pursue any legal rights and claims they may possess under a written agreement or any other applicable law.
(3) Subsequent or repeated violations, which are not committed contemporaneously with the initial violation, shall be treated as separate causes of action and shall be subject to separate award of damages under subsection 9-1605(2).
Notes
1183 | Amended, Bill No. 200304 (approved July 1, 2020). |
1184 | Enrolled bill referenced subsection 9-1601(1)(a); reference corrected by Code editor. |
(1) If any clause, sentence, paragraph or part of this Chapter, or the application thereof to any person or circumstance, shall for any reason be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this Chapter nor the application of such clause, sentence, paragraph or part to other persons or circumstances but shall be confined in its operation to the clause, sentence, paragraph or part thereof and to the persons or circumstances directly involved in the controversy in which such judgment shall have been rendered.