Renters Rights under the Municipal Code of Chicago

 

 The Municipal Code of Chicago gives residential renters

 powerful rights.  Here are selections from the Code that govern

 condo, apartment, and house rentals in the City of Chicago. 

 

 

 

 

TITLE 5: Housing & Economic Development

 

     CHAPTER 5-8 - CHICAGO FAIR HOUSING REGULATIONS

     CHAPTER 5-12 - RESIDENTIAL LANDLORDS AND TENANTS
    
CHAPTER 5-16 - DISCLOSURE OF HEATING COSTS TO TENANTS

     CHAPTER 5-20 - WINTER GAS SERVICE TERMINATION

 

TITLE 13: Buildings & Construction

 

     CHAPTER 13-4 - DEFINITIONS
     CHAPTER 13-10 - REGISTRATION OF MULTIPLE DWELLINGS

     CHAPTER 13-56 - CLASSIFICATION OF BUILDINGS BY OCCUPANCY

     CHAPTER 13-164 - SECURITY DEVICES IN RESIDENTIAL BUILDINGS

     CHAPTER 13-196 - EXISTING BUILDINGS – MINIMUM REQUIREMENTS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CHAPTER 13-10 - REGISTRATION OF MULTIPLE DWELLINGS

13-10-010     Definitions.

13-10-020     Exemption of condominiums and cooperatives.

13-10-030     Registration required.

13-10-040     Time for registration.

13-10-050     Amended registrations.

13-10-060     Registration records.

13-10-070     Enforcement.

13-10-080     Penalties.

13-10-090     Notice of code violations.

13-10-100     Severability.

13-10-010  Definitions.

     For the purpose of this chapter, unless the context requires otherwise, the following terms shall be construed as herein defined:

     (a)     “Building” shall mean a structure, or part thereof, enclosing space designed or used for four or more family units, or designed or used for sleeping accommodations, other than family units, for ten persons or more, not including buildings licensed under Chapter 4-84 of the Municipal Code of Chicago;

     (b)     “Code” shall mean the building code;

     (c)     “Mortgage” shall mean any consensual interest or consensual lien created by a written instrument which grants or retains an interest in realty to secure a debt or other obligation. Real estate installment sales contracts shall be deemed mortgages for the purposes of this chapter; and

 

     (d)     “Owner” shall mean the legal title holder or holders of the realty, except (1) if legal title is held by an Illinois Land Trust, owner shall mean the beneficial owner or owners of the trust; and (2) if there is a purchaser or purchasers under a real estate installment sales contract, owner shall mean the purchaser or purchasers. The singular shall include the plural throughout. For the purpose of Section 13-10-030(a) the owner shall mean the legal title holder(s), beneficial owner(s) and contract purchaser(s) of the realty.

(Prior code § 39.1-1; Added Coun. J. 4-25-90, p. 14801; Amend Coun. J. 6-14-95, p. 2841; Amend Coun. J. 10-2-95, p. 8019)

13-10-020  Exemption of condominiums and cooperatives.

     Buildings subject to the Illinois Condominium Property Act and cooperative buildings shall be exempt from the provisions of this chapter, unless a person, partnership, trust or corporation, directly or indirectly, owns or controls 50 percent or more of the condominium units or 50 percent or more of the voting power in the condominium association as defined by the condominium declaration, or 50 percent or more of the voting power in the cooperative as defined by the agreement establishing the cooperative. Indirect ownership or control includes ownership or control by spouses (unless legally separated or divorced), children or adopted children; ownership of 50 percent or more of the stock of a corporation which owns an interest in the realty and ownership of a proportionate interest in a partnership or trust which owns an interest in the realty. For purposes of this section, a cooperative building is defined as a multiple-dwelling complex owned by a cooperative corporation, stock in which affords the owner thereof the right to possess or occupy a particular family unit allocated to that stock within the complex. This right of possession or occupancy is granted through a proprietary lease or similar arrangement, and, unlike the owner of a condominium, the owner of the cooperative stock does not hold legal title to his or her individual family unit.

(Prior code § 39.1-2; Added Coun. J. 4-25-90, p. 14801)

13-10-030  Registration required.

     The owner or owners of any building shall file a registration statement for each such building with the department of buildings on forms provided by the department of buildings for such purposes; provided, however, that the registration of a vacant building pursuant to Section 3-12-125 shall satisfy the registration requirement of this section. Any such registration statement shall be deemed prima facie proof of the statements therein contained in any administrative enforcement proceeding or court proceeding instituted by the city against the owner or owners of the building. The registration statement shall include the following information:

     (a)     The name, street address and telephone number of each owner of the building. If the owner is a partnership, corporation, or voluntary unincorporated association, the statement shall further include the name, street address, telephone number and position of a responsible partner or officer. If the owner is a corporation, the statement shall further include the name, street address and telephone number of the registered agent thereof;

     (b)     The name, street address and telephone number of a natural person 21 years of age or older, designated by the owner or owners as the authorized agent for receiving notices of code violations and for receiving process, in any court proceeding or administrative enforcement proceeding, on behalf of such owner or owners in connection with the enforcement of this Code. This person must maintain an office in Cook County, Illinois, or must actually reside within Cook County, Illinois. An owner who is a natural person and who meets the requirements of this subsection as to location of residence or office may designate himself as agent;

     (c)     The name, street address and telephone number of the owner’s agent for the purpose of managing, controlling or collecting rents and any other person not an owner who is controlling such building, if any;

     (d)     The name, street address and telephone number of each lending institution or party holding a mortgage on the property, if any;

     (e)     The street address and property index number(s) of the building, and the number of family units therein.

     For purposes of this section, a post office box does not suffice as an address.

(Prior code § 39.1-3; Added Coun. J. 4-25-90, p. 14801; Amend Coun. J. 4-12-00, p. 29471, § 1)

13-10-040  Time for registration.

     The owner of a building shall register the building with the department of buildings no later than February 1st of each year and shall pay an annual registration fee of $10.00 for each building so registered at the time the owner files the annual registration statement. The registration fee shall not be prorated. The owner(s) shall certify to the department of buildings that the information provided on the registration statement is true and correct.

     All owners whose buildings are licensed under the provisions of Chapters 4-84 and 4-96 of the Municipal Code of Chicago, and all eleemosynary, religious, educational, benevolent or charitable associations and all governmental agencies shall file the registration statement required under this chapter but shall be exempt from the payment of the fee for the same.

     Upon registration, and payment of the fee if applicable, the building commissioner shall issue a certificate of registration to the owner which shall certify that the owner has registered the building in compliance with Section 13-10-030 of this chapter.

     Upon demonstration by an owner that the building is not required to register under the provisions of these sections, the building commissioner shall issue a waiver of registration.

(Prior code § 39.1-4; Added Coun. J. 4-25-90, p. 14801; Amend Coun. J. 6-14-95, p. 2841)

13-10-050  Amended registrations.

     The owner of a building required to register with the department of buildings under Section 13-10-030 of this chapter shall notify the department of buildings, within 20 business days, of any change in the registration information by filing an amended registration statement on a form provided by the department of buildings for such purpose. There shall be no additional fee for filing an amended registration statement.

(Prior code § 39.1-5; Added Coun. J. 4-25-90, p. 14801)

13-10-060  Registration records.

     The building commissioner shall maintain the building registration records. These records shall consist of the registration information obtained under Sections 13-10-030 through 13-10-050 of this chapter. This information is solely and exclusively gathered and maintained by the City of Chicago for administrative enforcement proceedings and law enforcement purposes. This information, with the exception of information provided in response to Section 13-10-030(c) of this chapter, shall be held as confidential information not open to the public and shall be exempt from public disclosure under the Illinois Freedom of Information Act pursuant to Illinois Revised Statutes, Chapter 116, Sections 207(b) and 207(c), and shall only be provided to authorized city officials and employees and their agents. Notwithstanding anything to the contrary herein, the building commissioner may, upon written request, disclose whether a building is registered under the provisions of Section 13-10-030 and, if not registered, whether a waiver of registration has been issued for the building.

(Prior code § 39.1-6; Added Coun. J. 4-25-90, p. 14801)

13-10-070  Enforcement.

     (a)     The building commissioner shall enforce the provisions of this chapter and, in addition to any other remedies provided by law including institution of proceedings in the buildings hearings division of the department of administrative hearings, may apply to the corporation counsel for prosecution of owners who fail to comply.

 

     (b)     The executive director may refuse to issue any permits(s) required under this Code for any construction, alteration, installation, razing or other work done in or on any building as defined in Section 13-10-010(a), of this chapter, or any certificate of occupancy required under this Code for such a building, unless the owner(s) or other applicant for such permit(s) or certificate(s) presents either a current certificate of registration or a waiver of registration for the building.

     (c)     The director of revenue shall issue no real property transfer tax stamps for a transfer involving a building as defined in Section 13-10-010(a) of this chapter unless the grantee or purchaser presents either a current certificate of registration or a waiver of registration for the building.

(Prior code § 39.1-7; Added Coun. J. 4-25-90, p. 14801; Amend Coun. J. 12-15-92, p. 27387; Amend Coun. J. 7-10-96, p. 24983; Amend Coun. J. 11-12-97, p. 56814; Amend Coun. J. 4-29-98, p. 66565; Amend Coun. J. 3-5-03, p. 104990, § 15)

13-10-080  Penalties.

     (a)     Each day that any building is not registered in accordance with the provisions of Sections 13-10-030 and 13-10-040 of this chapter shall constitute a separate and distinct offense.

     (b)     In addition to any of the penalties provided in this chapter, any person committing an offense under Section 13-10-080(a) of this chapter shall, upon conviction thereof, be fined not less than $50.00 nor more than $200.00 for the first offense, and not less than $100.00 nor more than $300.00 for the second and each subsequent offense in any 180-day period.

     (c)     The intentional submission of false information on a registration statement or an amended registration statement filed pursuant to Sections 13-10-030 through 13-10-050 of this chapter shall be an offense punishable by a fine of not less than $100.00 nor more than $500.00. Each day that such information remains uncorrected by the owner(s) shall constitute a separate and distinct offense.

(Prior code § 39.1-8; Added Coun. J. 4-25-90, p. 14801)

13-10-090  Notice of code violations.

     By designating an authorized agent under the provisions of Section 13-10-030(b) the owner is consenting to receive any and all notices of code violations concerning the registered building and all process in any court proceeding or administrative enforcement proceeding brought to enforce code provisions concerning the registered building by service of the notice or process on the authorized agent.

     (a)     Any owner who has designated an authorized agent under the provisions of Section 13-10-030(b) shall be deemed to consent to the continuation of the agent’s designation for the purposes of this chapter until the owner notifies the department of buildings of a change of authorized agent pursuant to Section 13-10-050 or until the owner files a new annual registration statement to* Section 13-10-040.

     (b)     Any owner who fails to register a building under the provisions of Sections 13-10-030 through 13-10-050 of this chapter, shall further be deemed to consent to receive, by posting at the building, any and all notices of code violations and all process in an administrative proceeding brought to enforce code provisions concerning the building.

(Prior code § 39.1-9; Added Coun. J. 4-25-90, p. 14801; Amend Coun. J. 4-29-98, p. 66565)

13-10-100  Severability.

     If any section, subsection, paragraph, sentence, clause or word of this ordinance shall be held to be invalid, either on its face or as applied, the invalidity of such provision shall not affect the other sections, subsections, paragraphs, sentences, clauses or words of this ordinance, and the applications thereof; and to that end the sections, subsections, paragraphs, sentences, clauses and words of this ordinance shall be deemed severable.

(Prior code § 39.1-10; Added Coun. J. 4-25-90, p. 14801)

 

This website is not legal advice, and makes no guarantee of providing an accurate or up-to-date version

of  the Code sections set forth herein.   The City Council can amend the code at any time without notice.