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Chicago Building Code RE: Pests
CHICAGO BUILDING CODE RE: PESTS
13-196-630 Residential buildings – Responsibilities of owner or operator.
Every owner or operator must:
(a) Comply with the requirements imposed on him by this chapter;
(b) Maintain in a clean, sanitary and safe condition the shared or public areas of the dwelling or premises, and maintain and repair any equipment of a type specified in this Code which he supplies or is required to supply;
(c) Exterminate any insects, rodents or other pests in any family unit, if infestation is caused by the failure of the owner or operator to maintain the dwelling in a ratproof or reasonable insect-proof condition, and he must exterminate such pests in any family unit in the dwelling, regardless of the cause of infestation, if infestation exists in two or more of the family units in the dwelling or in the shared or public parts of any dwelling containing two or more family units; and
(d) Supply and maintain the facilities for refuse disposal which are required of him by Section 7-28-220.
Learn more about tenant remedies for pest infestation here: https://www.tenants-rights.org/apartment-conditions-and-repairs-faq/
Tenants Get Heat Restored
Tenants from the building located at 3045 W 63rd St. call the MTO because their building was in horrible condition and they were not going to take it anymore. When the MTO organizers arrived at the building the first thing that that they noticed was there was no heat in the building along with security problems such as, locks not working on entrance doors. Tenants highlighted other problems such as pests (roaches, mice and rats), doors and door frame problems going into apartments, leaky pipes among other issues in the building.
The tenants organized a tenants association. A group of them called 311 (the City’s complaint number) and asked for reference numbers. Several tenants also wrote out 24 hour letters concerning the heat problem. On December 10th organizers sent letters via certified mail to the Management Company, contacted a City of Chicago Building Attorney and contacted a Community Investment Corporation Program Officer in charge of the Trouble Building Initiative.
Two days later City Inspectors toured the building and found the building to be in non compliance with City code. That same day the Management Company sent repair people to the property and the heat was turned back on around midnight and an open window in a common area was boarded up.
After their victory the tenants are inspired to keep organizing. MTO organizers are working with the tenants association to fix the rest of the problems. Tenants learned about their renters’ rights and now they are writing 14 day letters concerning conditions and repairs. Their next meeting is set for January 4 at the Southwest Youth Collaborative.
Summary Prepared by Robert Clack
Illinois Laws
Foreclosure (Right to Possession) Law: Public Act 095-0262
Illinois Condo Conversion Ordinance
Illinois State Preservation Ordinance
Illinois Code of Civil Procedure – Eviction – Sets out in detail the procedures and methodology of eviction court cases.
“New” Illinois Condo Conversion Law – Outlines a tenant’s rights and a developer’s responsibilities in converting rental property into condominiums for purchase.
Illinois Rent Concession Act – Statute requires disclosure of all rent concessions in leases so that potential buyers, etc. are not misled or deceived by secret and undisclosed concessions made by landlords to tenants.
Illinois Rent Control Preemption Act – State law provides that no local government like Chicago can regulate the amount of rent charged by landlords for residential and commercial property.
Illinois Rental Property Utility Service Act – Complex statute relating to the regulation of charges to tenants for utility services. The main provision relates to a tenant paying for common areas of a building and in such event, the court may treble the damage award when the court finds that the landlord’s violation of this Act was knowing or intentional. The tenant may also recover costs and fees, including attorneys fees, if the amount awarded by the court for utility service is in excess of $3,000.
Illinois Residential Tenants’ Right to Repair Act – Gives tenants the right to do certain repairs to their apartments and to deduct such payments, with proper documentation, from their rent. The state statute falls short of tenants’ rights under The Chicago Residential Landlord and Tenant Ordinance.
Click here for a sample Illinois “Repair and Deduct” letter
Illinois Retaliatory Eviction Act – Protects tenants in the State of Illinois from a landlord failing to renew a lease when the tenant has complained to a governmental agency about building code violations and the need for repairs. The state statute falls short of tenants’ rights under The Chicago Residential Landlord and Tenant Ordinance.
Illinois Safe Homes Act – Allows the victims of domestic violence, dating violence, sexual assault, and stalking to terminate their lease by proper notice to the landlord. Also, changing locks is also provided for in this new law.
Safe Homes Act of Illinois (Domestic Violence)
Safe Homes Act Violence Against Women Flyer (English) (Spanish)
Safe Homes Act Violence Against Women Brochure (English) (Spanish)
Illinois Security Deposit Interest – Provides for the payment of interest on security deposits where the number of units in a building or in a complex of buildings exceeds 25 in number. If the failure is WILLFUL then damages are due to the tenant equal to the amount of the security deposit plus attorney’s fees. The state statute falls short of tenants’ rights under The Chicago Residential Landlord and Tenant Ordinance.
Illinois Security Deposit Return Act – For all properties of 5 units or more, provides for the return of the tenants security deposits. If the amount is not refunded in a timely fashion and/or if inadequate documentation of deductions is present, then damages equal to two times the amount of the deposit may be imposed. It provides for the liability of the seller and buyer of residential property as to security deposits of tenants. The state statute falls short of tenants’ rights under The Chicago Residential Landlord and Tenant Ordinance.
Illinois Landlord and Tenant Act – Statute providing that landlord may NOT exempt themselves from payment of damages to a tenant due to negligence of the landlord.
Illinois Tenant Utility Payment Disclosure Act – Allows owners to pass along utility charges made under a MASTER billing arrangement provided the tenant gets certain information in writing as to the formula used to assess such costs to individual units and so that there is no excess charges passed along to occupants of separate units.
Public Act 095-0262 – This law sets out the rights and procedures to be followed during a foreclosure (Right to Possession).
Tenants and Foreclosure – FAQ
Tenants impacted by foreclosure: Frequently Asked Questions
What is a foreclosure?
When an owner falls behind in mortgage payments, foreclosure is the court process by which a bank forces the sale of a building used as security in order to pay off the owner’s debt. In an effort to protect tenants who live in a building that is in foreclosure, the city passed the Keep Chicago Renting Ordinance (KCRO). Under the KCRO, you may be eligible for a lease renewal or $10,600 in relocation assistance. To learn more click HERE.
Who owns the building while it is in court?
Just because a building is in foreclosure does NOT mean that the building has been foreclosed on or will be foreclosed on. Until the court approves a sale and there is a confirmation of sale, your landlord still owns the building. In most cases, the bank acquires the property and becomes the owner.
What are some common signs that my building might be in foreclosure?
– Maintenance suddenly stops
– Utility shutoff notices
– Banks sending notices to the landlord
– Realtors hanging around the building, or taking pictures of the building
– The landlord disappears and/or stops collecting rent.
How long does the foreclosure process take?
The court process takes an average of nine months. If the owner is not able to satisfy the bank’s requirements, the court puts the property up for sale where it is usually bought by the bank.
Where can I find out if my building is in foreclosure?
1. Get the PIN # of the property by going to www.cookcountyassessor.com and entering the building address.
2. Enter the PIN # at www.cookrecorder.com or call the Recorder of Deeds at 312-603-5050 and give them your PIN #. If the building is in foreclosure, they can provide you with the foreclosure notice (the “lis pendens”) and the associated foreclosure court case number.
3. For more information about the case go to www.cookcountyclerkofcourt.org or call the Chancery Court, at 312-603-5133. You can also go to http://www.cookcountyclerkofcourt.org – go to online case info – full docket search – and search the chancery division for the landlord’s name under defendant or using the case #.
Under the Keep Chicago Renting Ordinance (KCRO), if your building is in foreclosure, you may be eligible for a lease renewal or $10,600 in relocation assistance. To learn more about the KCRO, click HERE.
Do I still have to pay rent?
Yes. As long as you are living in the unit you must pay rent. Checks or money orders are best so that you have proof of payment. You can still be evicted for nonpayment of rent even though your landlord is in foreclosure.
What if I don’t know to whom to pay rent or the landlord stops collecting it?
Click here to find our who the owner is or contact a lawyer to assist you in determining the new owner of the property. Be sure to ask any new people claiming to be the owner for proof before giving them rent money. The law only requires that tenants make a good faith effort to pay the rent if the landlord disappears. Some examples of good faith efforts to pay rent may include:
– Holding the rent in a money order
– Using the rent on utilities your landlord was paying
– Using the rent to make repairs to the property
– Sending a letter via certified mail, requesting information from the new owner on where to send the rent. (Keep a copy of the letter for yourself)
Do I have the right to break my lease because my landlord is in foreclosure?
No…however, if you are covered under the Chicago Residential Landlord Tenant Ordinance and did not receive proper notice, please see below under Are landlords required to tell their tenants that their building is in foreclosure?
The bank has taken over the building. What do I do?
The bank is your new landlord. You must pay them rent once they have notified you as to whom and where to pay, and they are responsible for repairs, any utilities paid by the old landlord, etc. If you are uncertain of who to pay, hold your rent in escrow. Also, check to see if you’re covered by the Keep Chicago Renting Ordinance. You may be eligible for relocation assistance if the bank chooses not to renew your lease.
The sheriff posted a notice saying that my landlord or unknown occupants must vacate the building. Does this apply to me?
No. If your name is not on the notice, you do not have to move. Immediately contact the sheriff’s office at (312) 603-3365 to inform them that there are tenants in the building and contact an attorney to get legal help. If the sheriff shows up, you will need to show them identification, as well as your lease, a piece of mail, or other evidence proving that you are a tenant in the building and not the landlord.
Will I have to move? How much time will I have once a new owner takes over?
If the building is foreclosed upon and sold, the new owner must give you 90 days or until the end of your lease, whichever longer. However, if the new owner would like to use the unit as a personal residence, they do not have to honor the lease, but they must give you at lest 90 days notice prior to eviction proceedings. Once the lease expires, the owner must give you a 30 day notice in writing before proceeding in eviction court. (This is assuming that you are lease complaint and up to date on rent.)
NOTE: The sheriff’s office can and will evict tenants during the winter, with the exception if it is 15 degrees or snowing.
Can the bank or new owner put me out without a court date?
No. If anyone tries to evict you before taking you to court, then it is an illegal eviction, also known as a lockout. Call the police, file a police report (get officers name and badge #) and contact the Tenants Rights Hotline at 773-292-4988. If you receive a summons to court make sure to contact an attorney.
Will this eviction show on my record?
If you were evicted solely because of the foreclosure your attorney can petition the judge to seal the record. If you are evicted for nonpayment of rent, it will be on your record.
The bank offered me a “Cash for Keys” deal. What should I do?
Sometimes banks offer tenants a cash for keys deal in order to vacate the building more quickly. Evaluate the entire situation first and make sure you have enough time to find a safe and decent apartment. Make sure you get any deal in writing and talk to a lawyer before you sign. If the bank does not offer a settlement feel free to ask for one. However, be aware that many tenants are eligible for $10,600 under the KCRO, which is more than most banks will initially offer. Call us or contact an attorney before agreeing to any “Cash for Keys” deal.
How do I get my security deposit back?
If your tenancy is NOT governed by the Chicago Residential Landlord Tenant Ordinance (CRLTO): The bank is not responsible for your deposit. If you do not receive your security deposit back within 45 days of moving you can take your landlord to court. If you know your landlord is in foreclosure court or is about to lose the building ask for written permission to live out your security deposit. If you live out your deposit without permission you can be evicted for non-payment of rent. If your tenancy is CRLTO please see below.
Additional Information for tenants who are covered under the Chicago Residential Landlord Tenant Ordinance (CRLTO): If you live in Chicago, the Ordinance governs your tenancy unless you reside in:
- An owner occupied building containing less than seven apartments;
- A hotel, motel, inn, rooming house, or boarding house (unless you have resided there for more than 31 days and pay rent on a monthly basis); or
- A hospital, convent, monastery, school dormitory, temporary overnight or transitional shelter, cooperative, or
- A building owned by your employer (assuming your right to live there is conditioned upon you being employed in or around the building).
What happens to my security deposit?
In the event that the building is lost to foreclosure, the lender is responsible if the landlord fails to return the security deposit.
Are landlords required to tell their tenants that their building is in foreclosure?
If your tenancy is governed by the CRLTO: The landlord is required to tell current tenants about foreclosure filings within seven days of being served with a foreclosure complaint. The landlord must also inform any potential tenants before they move in. Tenants who were not properly informed about the foreclosure can sue for $200 in damages and/or terminate their leases.
Additional References:
Building Inspectors: Call 311 for an inspection if you have repairs that need to be made or are lacking utilities.
If you need assistance moving or with a security deposit call 311 and inform them that your landlord is in foreclosure.
Lawyers Committee for Better Housing: (312)-347-7600
Legal Assistance Foundation (Subsidized Tenants): (312)-341-1070
Sheriffs Eviction Unit: (312)-603-3365
Chancery Court: (312)-603-5133
Metropolitan Tenants Organization Tenants’ Rights Hotline: (773)-292-4988 Open: Mon-Fri, 1-5pm
Chicago Legal Clinic: (773)-731-1762
Citizens Utility Board: 1-800-669-5556