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HomeMy WebLinkAboutOrd 3366 09/06/1983 RDINANCE NO. 3366 AN ORDINANCE TO AMEND ARTICLE XVIII ENTITLED "RESIDENTIAL LANDLORD AND TENANT REGULATIONS" OF CHAPTER 23 OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES THE 6th DAY OF September ,1983. Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 7th day of September , 1983. 8/83 0086R ORDINANCE NO. 3366 AN ORDINANCE TO AMEND ARTICLE XVIII ENTITLED "RESIDENTIAL LANDLORD AND TENANT REGULATIONS" OF CHAPTER 23 OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: Article XVIII entitled, "Residential Landlord and Tenant Regulations", of Chapter 23 of the Village Code of Mount Prospect, Illinois, 1981, as established by Village Ordinance No. 3308 adopted January 18, 1983 is hereby amended in its entirety to read as follows: SECTION: 23.1801. 23.1802. 23.1803. 23.1804. 23.1805. 23.1806. 23.1807. 23.1808. 23.1809. 23.1810. 23.1811. 23.1812. 23.1813. 23.1814. 23.1815. 23.1816. 23.1817. "ARTICLE XVIII Residential Landlord and Tenant Regulations Purpose and Declaration of Policy Scope Definitions Rental Agreements Tenant Obligations Landlord Obligations Landlord Remedies Tenant Remedies Retaliatory Conduct Condominium Conversion Breach of Occupancy Rights by Landlord and Tenant Civil Action by Village to Enforce Compliahce Inspection by Village License to Operate Multi-Family Rental Structures Penalties Severability Effective Date Sec. 23.1801. Purpose and Declaration of Policy. It is the purpose of this Article and the policy of the Village, in order to protect and promote the public health, safety and welfare of its citizens, to establish rights and obligations of the landlord and the tenant in the rental of dwelling units in the Village and to encourage the landlord and the tenant to maintain and improve quality of rental housing within the community. This Article be liberally construed and applied to promote policies. the shall its purposes and Sec. 23.1802. Scope. Territorial Application: 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. Exclusions: The following arrangements are not governed herein: Residence at a public or private medical, geriatric, educational, religious, nursing or retirement institution; ® Occupancy under a contract of sale of a dwelling unit if the occupant is the purchaser; e Residence in a residential care home as provided for and approved by the Village pursuant to the procedures established in Chapter 14 of the Village Code; e Transient occupancy in a hotel or motel licensed by the Village; 5. Rental of a single family residence. Sec. 23.1803. Definitions. As used in this Article: ACTION: Recoupment, counter-claim, setoff, suit at law or in equity, and any other proceeding in which rights are determined, including an action for possession and/or an action for unpaid rent. CODE Any state statute, village ordinance or governmental regulation concerning fitness for habitation, or the construction, maintenance, operation, occupancy, use, or appearance of any premises or dwelling unit. CONDOMINIUM: Any dwelling unit under individual ownership in a multi-unit structure as provided in the Condominium Property Act of the State of Illinois. CONDOMINIUM ASSOCIATION: Any organization or association which governs the operation of common areas or services for two or more condominiums as provided in the Condominium Property Act of the State of Illinois. DWELLING UNIT One or more rooms in a structure or portion thereof arranged, designed and used as a residence or living quarters by one or more persons who maintain a household, and containing therein bathroom and kitchen facilities. FAIR RENTAL VALUE: The prevailing value of comparable renta~ units in the Village. LANDLORD: The owner, lessor or sublessor of the dwelling unit or the building of which it is a part. MULTI-FAMILY RENTAL STRUCTURE: A building which contains three or more dwelling units, of which at least fifty percent (50%) are rental units. NOTICE: Unless otherwise stated, all notices required herein shall be in writing and shall be served by one party upon the other by registered or certified mail, return receipt requested, or -2- personally upon the landlord, lessee or member of his household over the age of 12. Service of notice of eviction for failure to pay rent may be posted where an attempt to serve by certified mail or by personal service has been unsuccessful. OWNER: One or more persons, jointly or severally in whom is vested all or part of the legal title to the premises, or all or part of the beneficial ownership and a right to present use and enjoyment of the premises, including a mortgage holder in possession. PERSON: An individual or a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association or any other legal or commercial entity. PREMISES: A dwelling unit and the structure of which it is a part, and facilities and appurtenances therein, and grounds, areas and facilities held out for the use of tenants. RENT: Ail payments to be made to the landlord under the rental agreement. RENTAL AGREEMENT: Ail written agreements and valid rules and regula- tions adopted pursuant to agreement, or under Section 23.1806B hereof embodying the terms and conditions concerning the use and occupancy of a specified dwelling unit and premises. RENTAL UNIT: A dwelling unit in a multi-family rental structure occupied or available for occupancy by one or more persons, other than the owner of record, under a rental agreement. TENANT: A person entitled under a rental agreement to occupy a rental unit. TERM USAGE: Whenever herein the term "person," "landlord" or "tenant" is used in the masculine or singular form, said term shall also include and refer to the feminine or plural form. VILLAGE: Village of Mount Prospect. Sec. 23.1804. Rental A~reements. A. Terms and Conditions. The landlord and tenant may include in a rental agreement terms and conditions not prohibited by this Article and other rules of law, including rent, term of the agreement and other provisions governing the rights and obligations of the parties. Ail rental agreements between landlords and tenants must be in writing, dated and signed by both parties with signed copies provided to both at the time of signing. Rent is to be payable without demand or notice at the time and place agreed upon by the parties. Unless otherwise agreed, rent is payable at the landlord's place of business at the beginning of any term of one month or less and otherwise in equal monthly install- ments at the beginning of each month. Unless other- wise agreed, rent shall be uniformly apportionable from day to day. - 3 - 8/83 Ce Unless the rental agreement fixes a definite term, the tenancy shall be week-to-week in the case of a tenant who pays weekly rent, and in all other cases month-to-month. Effect of Unsigned or Undelivered Agreement. If the landlord does not sign and deliver a written rental agreement to the tenant which has been signed and delivered by the tenant to the landlord, accep- tance of rent without reservation by the landlord gives the rental agreement the same effect as if it had been signed and delivered by the landlord, for the term set forth in the rental agreement. e If the tenant does not sign and deliver a written rental agreement to the landlord which has been signed and delivered by the landlord to the tenant, accep- tance of possession and payment of rent without reservation gives the rental agreement the same effect as if it had been signed and delivered by the tenant. Prohibited Provisions. Except as otherwise provided rental agreement may provide landlord: by this Article, no that the tenant or the Agrees to waive or to forego rights or remedies under this Article; Authorizes any person to confess judgment on a claim arising out of the rental agreement; Agrees to the limitation of any liability of the landlord or tenant arising under law or to indemnify the landlord or tenant for that liability or the costs connected therewith. Provided, however, that nothing contained herein precludes indemnification of the other party by the party found to be at fault by a court of competent jurisdiction. A provision prohibited by subparagraph 1 included in a rental agreement is unenforceable. If a landlord deliberately attempts to enforce any provision in a rental agreement ~hich is prohibited, the tenant may recover an amount totalling not more than two (2) months rent and such damages, costs and fees as a Court shall determine and award. If a court finds the rental agreement, or a settlement in which a party waives or agrees to forego a claim or right under this Article or under the rental agreement, to have been unconscionable when made, the court may grant the following relief: a. Nonenforcement; Nonenforcement of the unconscionable provision only; or Limit the application of any provision to avoid an unconscionable result. d. Such other relief as the Court deems proper. - 4 - 8/83 D. Notice of Non-Renewal of Rental Agreement. If the rental agreement will not be renewed or if a month-to-month tenancy will be terminated, the landlord shall notify the tenant in writing not less than thirty (30) days prior to the termination date. In no event shall the tenant remain on the premises more than thirty (30) days after such notice or the end of the lease term, whichever occurs last. e If the landlord fails to give the required written notice, the tenant may remain in his rental unit on a month-to-month basis under the same other terms and conditions as the prior term, until such time as the required thirty (30) days' notice is given and becomes operative as set forth in paragraph 1. The tenant shall be obligated to pay rent in a timely fashion. E. Attachment of Article to Rental Agreement. Following the effective date of this Article, a copy thereof, or excerpts thereof in a form provided to the landlord by the Village, shall be attached to each rental agreement delivered by or on behalf of a landlord when any such agreement is presented for signing to any tenant, except a renewal thereof where a copy of the required materials has already been provided. Sec. 23.1805. Tenant Obligations. The Tenant shall: Comply with all obligations imposed upon tenants by provisions of the codes applicable to the rental unit; Keep that part of the premises that he occupies and uses as safe as the condition of the premises permits; Ce Dispose from his rental unit all ashes, rubbish, garbage and other waste in a clean and safe manner; De Keep all plumbing fixtures in the rental unit or used by the tenant as clean as its condition permits; Ee Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in the premises; Fe Not deliberately nor negligently destroy, deface, litter, damage, impair or remove any part of the premises or knowingly permit any person to do so; Conduct himself and require other persons on the premises and within his rental unit with his consent to conduct themselves in a manner that will not disturb the peaceful enjoyment of the premises by others; Maintain his rental unit in a clean and sanitary condition and provide for a general cleaning of the rental unit prior to departure. As part of such cleaning the tenant will broom sweep the floors, vacuum all rugs and carpeting, clean appliances and plumbing fixtures and patch nail holes; Unless otherwise agreed, occupy his rental unit only as a dwelling unit; Je Unless otherwise agreed to in writing by the landlord, not apply any part of a security deposit as part of obligated rent payments. -5 - 8/83 K® Comply with representations made in the rental application. Any material misrepresentation made in the application shall be cause for termination of the rental agreement. Sec. 23.1806. Landlord Obligations. A. Security Deposits or Prepaid Rent: A Landlord who receives a security deposit or prepaid rent from a tenant must comply in full with the provisions of the Illinois State Statutes which provide that landlords must pay interest on security deposits in developments with 25 or more rental units, and within thirty (30) days after the end of each twelve (12) month rental period, pay to the tenant any such interest by cash or credit to be applied to rent due, except when the tenant is in default under the terms of the rental agreement. Upon termination of the tenancy, property or money held by the landlord as security or prepaid rent may be applied to the payment of accrued rent and to the payment of actual damages which the landlord has suffered by reason of the tenant's noncompliance with Sec. 23.1805, provided the landlord has, within thirty (30) days of the date that the tenant has vacated the rental unit, given the tenant a written notice mailed by regular mail to the tenant at his last known address, or delivered personally to him, which notice shall include an itemized statement of the damage in question together with copies of the actual paid damage, repair or replacement receipts or the estimated cost thereof, and provided further that the landlord has complied with any requested walk through inspection, as provided in subparagraph 3 hereof and has included, as part of such notice, the inspection lists disclosing that the damage in question occurred while the rental premises were occupied by the tenant. In the event no such notice with the required statements and lists is furnished to the tenant, as provided herein, then the landlord shall return the security deposit in full to the tenant within forty five (45) days of the date that the tenant vacated the rental unit. For purposes of this provision, the decorating of a rental unit after a tenant's departure, including painting and rug shampooing, shall not be considered as damage and the cost thereof shall not be charged to the security deposit unless the rental agreement specifically provides that painting and rug shampooing are included as a part of the tenant's cleaning responsibilities upon vacating his rental unit. Where requested by either party to a rental agreement, a walk through inspection shall be made by the landlord and tenant, both prior to the commencement of the rental term and again at the termination thereof and an inspection check list of all damaged or missing items shall be made and a copy thereof furnished to each party. Such request shall be in writing, shall be personally served not less than forty-eight (48) hours, or mailed not less than 5 business days before the requested inspection and such inspection shall be conducted, unless otherwise agreed, on the landlord's regular business days and during his regular business hours. Items which are checked as missing or damaged prior to commencement of the rental term shall not be charged against the security deposit of the tenant. - 6 - Ce Where a walk through inspection is requested, as provided herein, no portion of a security deposit shall be applied against damages incurred to a rental unit, unless the notice of damage, required in subparagraph 2 hereof, includes the inspection check lists showing the occurrence of such damage during the rental term. e If the landlord fails to comply with the provisions hereof, the tenant may recover the property and money due him together with such damages, costs and fees as a Court shall determine and award. Se This Section does not preclude from exercising other remedies entitled under this Article. the landlord or tenant to which he may be Rules and Regulations Regarding Rental Units. The landlord from time to time, may adopt general rules or regulations concerning the tenant's use and occupancy of the premises. They are enforceable only if: ae Their purpose is to promote the convenience, safety or welfare of the tenants in the premises, preserve the landlord's property from abusive use or make a fair distribution of services and facilities among tenants; be They are reasonably related to the purpose for which they are adopted; Ce They apply to all tenants in the premises in a fair manner; de They are sufficiently explicit to fairly inform the tenant of what he must or must not do to comply; They are not for the purpose of evading the obligation of the landlord; and fe They are attached to the rental agreement so that the tenant has notice of them at the time he enters into the rental agreement. A rule or regulation adopted after the tenant enters into the rental agreement that substantially modifies his lease agreement is not enforceable unless the tenant consents to it or unless a change in local, State or Federal law requires the regulation change. The term "substantially modifies" shall mean a change which significantly affects the use of the premises or its fair rental value. Disclosure. The landlord or any person authorized to enter into a rental agreement on his behalf shall disclose to the tenant in writing on or before the commencement of the tenancy: Se The name, address and telephone number of the person authorized to manage the premises; and be The name and address of the owner of the premises or the person authorized to act on behalf of the owner for the purpose of service of process and for the purpose of receiving notices and demands. 7 De Ee s/s3 A person who fails to comply with subparagraph 1 above becomes an agent of each person who is a landlord for: Se Service of process and receiving of notices and demands; and be Performing the obligations of the landlord under this Article and under the rental agreement. e The information required to be furnished by subparagraph 1 above shall be kept current. Subparagraphs 1 and 2 above extend to and are enforceable against any successor landlord or manager. e Before a tenant initially enters into or renews a rental agreement for a rental unit, the landlord or any person authorized to enter into a rental agreement on his behalf shall disclose to the tenant in writing any existing code violations which have been cited by the Village for the rental unit. If the landlord fails to comply with this subparagraph 4, the tenant may pursue the remedies provided in Section 23.1808 of this Article. Maintenance of Premises. The landlord shall maintain the premises in substantial compliance with the applicable codes of the Village and shall promptly make any and all repairs necessary to fulfill this obligation. The landlord and tenant of any rental unit may agree that the tenant is to perform specified repairs, maintenance tasks, alterations or remodeling only if: The agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the landlord or tenant and is set forth in a separate writing signed by the parties and supported by adequate consideration; and be The agreement does not diminish or affect the obligation of the landlord to other tenants in the premises. Access to Rental Unit. The landlord shall not abuse the right of access to the rental unit or use it to harass the tenant. Except in cases of emergency, the landlord shall give the tenant at least twenty four (24) hours' notice of his intent to enter and may enter only at reasonable times. The landlord may enter the rental unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services or show the dwelling unit to prospective or actual purchasers, mortgagees, tenants or workmen. The landlord or his agent may display a "for rent" sign in or on the demised premises within thirty (30) days prior to termination of the lease. Any such sign shall comply with the Village's Sign Ordinance. e The landlord may enter the rental unit without consent of the tenant in case of emergency. For purposes of this provision, the term "emergency" shall refer to a situation wherein access to the rental unit is necessary in order to prevent damage or destruction to - 8 - 8/83 the unit, or to the fixtures, equipment, appliances, furniture and other personal property contained therein, or in order to protect any person from injury. Non-payment or delinquent payment of rent shall not constitute an emergency. Limitation on Liability. Unless otherwise agreed, a landlord who sells the premises is relieved of liability under the rental agreement and this Article for events occurring subsequent to notice to the tenant that the sale has occurred. However, he remains liable to the tenant for any property and money to which the tenant is entitled under Section 1806A, of this Article and all unpaid rent unless the tenant receives notice that such property, money and prepaid rent have been transferred to the buyer, and that the buyer has accepted liability for such property, money and prepaid rent. e Unless otherwise agreed, the manager of the premises is relieved of liability under the rental agreement and this Article for events occurring after notice to the tenant of the termination of his management. Receipts. Upon request of the tenant, a landlord must provide a written receipt for any payment made (i.e., rent, security deposits, etc.). If payment is made by personal check, the cancelled check shall be considered a receipt. Sec. 23.1807. Landlord Remedies. Breach of Rental Agreement. If rent is unpaid when due, and the tenant fails to pay the unpaid rent within five (5) days after notice by the landlord of his intention to terminate the rental agreement if the rent is not so paid, the landlord may terminate the rental agreement or he may accept a payment made more than five (5) days after such notice in which case he shall be entitled to collect a late payment fee in the amount of 5% of the rental payment. e If there is a material noncompliance by the tenant with the rental agreement or with Section 23.1805, other than non-payment of rent, the landlord may give notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than ten (10) days after receipt of the notice unless the breach is remedied by the tenant within the ten (10) day period, or as promptly as conditions permit in case of an emergency. e In the alternative, if there is material noncompliance by the tenant with Section 23.1805 hereof, the landlord may enter the dwelling unit and have the work done in a workmanlike manner and submit a receipted bill from an appropriate tradesman for the cost thereof as rent on the next day when rent is due, or if the rental agreement has terminated, for immediate payment, provided that the landlord has fulfilled his affirmative obligations under Section 23.1806 C and D. - 9 - 8/83 De If the rental agreement is terminated, the landlord shall have a claim for possession and for rent and a separate claim for injunctive relief, his actual damages for breach of the rental agreement, or the tenant's noncompliance with Section 23.1805, and his costs and fees, as hereinafter provided. If the tenant's noncompliance is willful, the landlord may recover such additional costs and fees as a Court shall determine to award. Abandonment of Rental Unit - Sublease. For purposes of this Section, "abandonment of the rental unit" shall mean that the tenant has vacated the premises, or has been absent therefrom for ten (10) or more consecutive days without advising the landlord of such absence or intent to return, and that his rent is in default and that notice by the landlord to terminate the rental agreement as provided in Section 23.1807A has expired. ® If the tenant abandons the rental unit, the landlord shall: Terminate the lease and proceed with his remedies as set forth in this Article, or; Make a good faith effort to rent it at the rent specified in the tenant's rental agreement or at an amount equal to the prevailing rent for similar units within the same multi-family rental structure. This shall'include the acceptance of reasonable subleases. If the landlord succeeds in renting the rental unit at a fair rental, the tenant shall be liable for the amount by which the rent due from the date of abandonment to the termination of the initial rental agreement exceeds the fair rental subsequently received by the landlord from the date of abandonment to the termination of the initial rental agreement. If the landlord makes a good faith effort to rent the rental unit at a fair rental and is unsuccessful, the tenant shall be liable for the rent due for the period of the rental agreement. In either event, the tenant shall be liable for the advertising expenses and reasonable redecoration costs incurred by the landlord in re-renting the rental unit. Disposition of Abandoned Property. Where, following termination of the rental agreement (other than by order of a court) the tenant surrenders or vacates the rental unit or abandons the same, leaving behind items of his personal property such personal property may be considered by the landlord to be abandoned personal property, and the landlord may dispose of the same in such manner as he determines. In the event the landlord sells the property, the sale proceeds shall be credited against any rent or other sums due to the landlord by the tenant in accordance with the rental agreement and this Article. Waiver of Right to Terminate. Acceptance of rent with knowledge of a default by the tenant, or acceptance of performance by the tenant that varies from the terms of the rental agreement or rules or regulations subsequently adopted by the landlord must be confirmed in writing and signed by both parties and only then constitutes a waiver of the landlord's right to terminate the rental agreement for that breach. - 10 - 8/83 Sec. 23.1808. Tenant Remedies. A® Be Ce Breach of Rental Agreement. If there is a material noncompliance by the landlord with the rental agreement or with Section 23.1806 C and D, the tenant may give notice to the landlord specifying the breach and that the rental agreement will terminate on a date not less than fourteen (14) days after receipt of the notice if the breach is not remedied by that time. If the breach is not remedied by the landlord within fourteen (14) days, the rental agreement shall terminate as provided in the notice. The tenant may not terminate for a condition caused by the deliberate or negligent act or omission of the tenant, a member of his family, or other person on the premises with his consent. 2e Except as provided in this Article, the tenant may recover actual damages and obtain injunctive relief for any material noncompliance by the landlord with the rental agreement, or with Section 23.1806 D. If the landlord's noncomplaince is willful, the tenant may recover such additional costs and fees as a Court shall determine and award. e If the rental agreement is terminated pursuant to this sub-section, the landlord shall return all security and interest recoverable by the tenant under Section 23.1806 A, and all prepaid rent. Failure to Deliver Possession. If the landlord fails to deliver possession of the rental unit to the tenant in compliance with the rental agreement and Section 23.1806 D, rent abates until possession is properly delivered and the tenant may: Se Upon not less than five (5) days' notice to the landlord terminate the rental agreement and upon termination the landlord shall return all prepaid rent and security; or be Demand performance of the rental agreement by the landlord and, if the tenant elects, maintain an action for possession of the rental unit against the landlord or any person wrongfully in possession and recover the damages actually sustained by him. e If a landlord's failure to deliver possession is willful, an aggrieved person may recover from the landlord, an amount totalling not more than two (2) months' rent, and such damages, costs and fees as a Court shall determine and award. Failure to Supply Essential Services. If, contrary to the rental agreement, the landlord fails to supply heat, running water, hot water, electricity, gas or plumbing to the rental unit, and where the condition was not caused by the deliberate or negligent act or omission of the tenant, a member of his family, or other person on the premises with his consent, or by the inability of a utility supplier to provide such service, the tenant may give notice to the landlord or his agent or representative, which 8/83 notice shall request the landlord either to restore such services or, in the alternative, to obtain, at the landlord's expense, suitable substitute housing for the tenant, within the immediate vicinity of the rental unit, for temporary use until such time as the services in question are restored. e In the event that the landlord fails to restore services or to provide substitute housing for the tenant within a period of thirty-six (36) hours following receipt of notice, then the tenant may: ae If continued occupancy is lawful (as determined by the Village), remain in the rental unit and take such steps reasonably necessary to procure alternative sources of heat or light, or other affected services during the period of the landlord's noncompliance, and deduct the cost thereof from the rent, which such alternate sources shall fully comply with Village codes; or be If continued occupancy is lawful (as determined by the Village), remain 'in the rental unit and recover damages based upon the diminution in the fair rental value of the rental unit together with such costs and fees as a court shall determine and award; or Ce Procure substitute housing during the period of the landlord's noncompliance or the lease term, whichever is shorter, making good faith efforts to obtain comparable housing at a cost similar to the rent paid by the tenant for the rental unit, where available, in which case the tenant shall be excused from paying rent for the period of the landlord's noncompliance. The tenant may recover the excess cost of procuring substitute housing which exceeds the monthly rent amount, including moving expenses, and such other costs and fees as a Court shall determine and award. If the tenant proceeds under this subsection C, he may not proceed under any other subsections, for such breach. Failure to Maintain Unit In Good Repair. In addition to the provision in this Section pertaining to a failure of the landlord to supply essential services, where the landlord breaches his obligations to render the rental unit habitable and maintain the same in good repair, the tenant may: Where the breach involves a Code violation cited by the Village, notify the landlord of his intention to withhold from the monthly rent an amount which reasonably reflects the reduced value of the premises or the cost of obtaining compliance, but not exceeding 75% of the monthly rent and to deposit said amount, with the Village of Mount Prospect along with a non-refundable filing fee of Ten Dollars ($10.00). If the landlord fails to correct the condition within seven (7) days after being notified by the tenant, the tenant may, during the time such failure continues, deduct from the rent the stated amount and deposit it with the Village which will hold the same and use its best efforts to resolve the situation. - 12- 8/83 Ee Fe be If, after twenty-one (21) days from the giving of notice the matter has not been resolved by the Village, the landlord or tenant may pursue his remedies at law or in equity. Ce The tenant shall continue to pay any withheld rent to the Village pending resolution of a dispute by mediation, lawsuit or otherwise. Upon conclusion of the dispute by action of the Village, the court or otherwise, the Village shall distribute any ent held by it in accordance with the parties' agreement or court order. ® A tenant may not withhold rent under this Section if the condition was caused by the deliberate or negligent act or omission of the tenant, a member of his family or other person on the premises with his consent. Where the noncompliance condition affects facilities shared by more than one dwelling unit, and the Village has issued a citation for the alleged noncompliance as a violation of the applicable provisions of the Village code, the Village may notify all other tenants sharing such facilities, by regular mail, with respect to the implementation of this subsection. Provided, however, that nothing contained herein shall obligate the landlord, his representative or his agent to disclose to the Village the names of its tenants. Counterclaim to Action for Possession or Rent. In an action by the landlord for possession based upon nonpayment of rent or in an action for rent where the tenant is in possession, the tenant may counterclaim for any amount which he may recover under the rental agreement or this Article. In that event, the court may order the tenant to pay into court all or part of the rent accrued and thereafter accruing, and shall determine the amount due to each party. The party to whom a net amount is owned shall be paid first from the money paid into court, and the balance by the other party. If no rent remains due after application of this Section, judgment shall be entered for the tenant in the action for possession. If the defense or counterclaim by tenant is without merit, the landlord may recover such costs and fees as a Court shall determine and award. In an action for rent where the tenant is not in possession, the tenant may counterclaim as provided in subparagraph 1, but the tenant is not required to pay any rent into court. Fire or Casualty Damage. If the rental unit or premises are damaged or destroyed by fire or other casualty to an extent that enjoyment of the rental unit is substantially impaired, and the fire or other casualty damage was not caused by the deliberate or negligent act or omission of the tenant, a member of his family, or a person on the premises with his consent, the tenant may: If continued occupancy is lawful (as determined bY the viiiag~), vacate any part of the rental unit rendered unusuable by the fire or other - 13 - 8/83 casualty, in which case the tenant's liability for rent is reduced in proportion to the diminution in the fair rental value of the rental unit; or If continued occupancy is unlawful, immediately vacate the premises and notify the landlord within fourteen (14) days thereafter of his intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of vacating; or Ce Agree to accept alternate housing provided by the landlord, if available. If the rental agreement is terminated pursuant to this section, the landlord shall return all security recoverable under Section 23.1806 A, and all prepaid rent. Accounting for rent in the event of termination or apportionment shall be made as of the date of the fire or other casualty. Sec. 23.1809. Retaliatory Conduct. ae B® Ce Except as provided in this Section, a landlord may not retaliate by increasing rent or decreasing services including necessary maintenance and repair services or by terminating a rental agreement or bringing or threatening to bring action for possession or by refusing to renew a rental agreement which provides therein for such right of' renewal because the tenant has: Complained in good faith of a code violation to a government agency charged with the responsibility for the enforcement of such code; or 2. Complained to the landlord of a violation under Section 23.1806 C(4) or D; or Organized or become a member of a tenant association or similar organization; or Exercised or attempted to exercise any right or enforce any remedy granted to him under this Article. If the landlord acts in violation of Subsection A, the tenant has a defense in any retaliatory action against him for possession and is entitled to terminate the rental agreement and in either case, recover an amount equal to not more than two (2) months' rent and such damages, costs and fees as a Court shall determine and award. If the rental agreement is terminated, the landlord shall return all security and interest recoverable under Section 23.1806A, and all prepaid rent. Such conduct of a landlord subsequent to tenant activities described above in Subsection A without justifiable cause may be considered retaliation. Notwithstanding Subsection A and B, a landlord may bring an action for possession if: The violation of a code was caused primarily by lack of care by the tenant, a member of his family or other person on the premises with his consent; or 2. The tenant is in default in rent, other than a purported default under Section 23.1808D. 8/83 9/83 Sec. 23.1810. Condominium Conversions. Provisions of Article XVI of Chapter 23 of the Village Code regulating condominium sales that contradict, modify, expand, or limit rights of landlords or tenants established under this Article shall prevail over the provisions of this Article for leases entered into or renewed subsequent to the effective date of said Article XVI, and which are subject to the provisions of Article XVI. Sec. 23.1811. Breach of Occupancy Rights By Landlord and Tenant. A® Unlawful Interruption of Tenant Occupancy By Landlord. It is unlawful for any landlord or any person acting at his direction to knowingly oust or dispossess or attempt to oust or dispossess any tenant from a rental unit without authority of law, by plugging, changing, adding or removing any lock or latching device; or by blocking any entrance into said unit; or by removing any door or window from said unit; or by interfering with the services to said unit, including, but not limited to, electricity, gas, hot or cold water, plumbing, heat, or te!~phone service; or by removing a tenant's personal property from said unit; or by the use of force or threat of violence, injury or force to a tenant's person or property; or by any other act rendering a rental unit or any part thereof or any personal property located therein inaccessible or uninhabitable. Exclusions: The provisions of this Section shall not apply where: A landlord acts in compliance with the laws of Illinois pertaining to forcible entry and detainer and engages the Sheriff of Cook County to forcibly evict a tenant or his personal property; or A landlord acts in compliance with the laws of the State of Illinois pertaining to distress for rent provided that within five (5) days of taking possession of tenant's property, the landlord shows evidence to the Village Manager that he has filed an action with the Court to secure the tenant's property in return for unpaid rent; or c. A landlord acts pursuant to a court order; or A landlord interfers temporarily with possession only as necessary to make needed repairs or inspection and only as provided by law; or ee The rental unit has been abandoned as herein set forth in Section 23.1807.B.1. Cw 3. Civil Remedy by Tenant: If a tenant in a civil legal proceeding against his landlord establishes that a violation of this subsection A has occurred he shall be entitled to recover possession of his rental unit or personal property and shall recover an amount equal to not more than two (2) months' rent and such actual damages, costs and fees as a Court shall determine and award. A tenant may pursue any civil remedy for violation of this subsection regardless of whether a fine has been entered against the landlord pursuant to Subsection D. 4. Tenant's Right to Terminate Rental Agreement. If a landlord or any person acting at his direction violates this section A the tenant shall have the right to terminate the rental agreement by sending the landlord written notice of his intention to terminate within three (3) days of the violation. If the rental agreement is terminated, the landlord shall return all security deposits, prepaid rent and interest to the tenant in accordance with Section 23.1806A. Holdover of Occupancy by Tenant. If the tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession and if the tenant's holdover is willful, the landlord in addition may recover an amount equal to not more than two (2) months' rent and such damages, costs and fees as a Court shall determine and award. If the landlord consents to the tenant's continued occupancy, Section 23.1804B applies. Abuse of Access by Landlord and Tenant. If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access or terminate the rental agreement. In either case, the landlord may recover an amount equal to two (2) months' rent and such actual damages, costs and fees as a Court shall determine and award. If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful, but in a manner which has the effect of harassing the tenant, the tenant may obtain injunctive relief to prevent the recurrence of the conduct, or terminate the rental agreement. In either case, the tenant may recover an amount equal to not more than two (2) months' rent and such actual damages, costs and fees as a Court shall determine and award. Fines for Violating Section. Any person found guilty of violating this Section shall be fined not less than Two Hundred Dollars ($200.00) nor more than Five Hundred Dollars ($500.00), and each day that such violation shall occur or continue shall constitute a separate and distinct offense for which a fine as herein provided shall be imposed. Sec. 23.1812. Civil Action by Village to Enforce Compliance. Whenever the Village Manager or his designee has reasonable cause to believe that any landlord or tenant is engaged in a pattern or - 16 - practice of violating 8/83 the provisions of this Article, or the landlord's operating license has been suspended, the Village, in addition to all other remedies provided herein, may bring a civil action by filing a complaint signed by the Village Manager, setting forth the facts pertaining to such cause and shall have a right to one or more of the following: a permanent or temporary injunction, restraining order, the appointment of a receiver, and damages as hereinbefore provided. Such relief may be obtained against the landlord or tenant responsible and shall be as is necessary to ensure compliance with the provisions of this Article and the full enjoyment of the rights herein established. In the event the Court finds in favor of the landlord or tenant, the Court shall award the landlord or tenant his costs, plus reasonable attorneys' fees. Before filing a Complaint in Court with respect to a violation of this Article, the Village Manager shall notify the offending tenant, landlord, operating licensee or other partY designated to receive notices and service of process on behalf of such landlord or licensee requesting compliance. Sec 23.1813 Inspections by Village. ae Ce De The Village Manager or his designee shall be authorized to conduct regular inspections of unrented dwelling units and/or common areas of multi-family rental structures, which shall include, but not be limited to: all hallways, stairways, lobbies, utility rooms, laundry rooms, storage rooms, recreation rooms, grounds, refuse areas, parking areas, building extensions, signs and other areas designated as common areas for the purpose of enforcing the provisions of this Article and any other provision of the Village Code applicable or pertaining thereto. The Village Manager or his designee shall be authorized to conduct inspections of unrented dwelling units and/or common areas of multi-family rental structures upon receipt of complaint(s) of violations of the provisions of this Article or of any other provision of the Village Code pertaining thereto, to ensure compliance. The Village Manager or his designee shall conduct inspections of unrented dwelling units and/or common areas of multi-family rental structures pursuant to an application for a license to operate a rental multiple dwelling structure and at least annually prior to the issuance of any renewal license to operate such a rental structure. The Village Manager or his designee shall be authorized to inspect any rented dwelling unit for the purpose of enforcing this Article only: - 17 - 8/83 At the request of or with the consent of a person over the age of 17 who resides there; In case of an emergency which presents an immediate threat to persons or property; 3. Pursuant to a warrant. Sec. 23.1814. License to Operate Multi-Family Rental Structures. A. License Required. No dwelling structure shall be operated as a rental multiple-family dwelling structure unless the owner or landlord as defined herein holds a current, unrevoked operating license issued by the Village of Mount Prospect in his or its name for the specific named multiple dwelling. Every operating license shall be issued for a period of one (1) year from its date of issuance unless sooner revoked, and may be renewed for successive annual periods. 3e No operating license shall be issued or renewed unless the owner or landlord as defined herein has first made application therefor on an application form provided by the Village of Mount Prospect. e The Village Manager is hereby authorized upon application therefor to investigate and to issue new operating licenses, and renewals thereof, in the names of applicant owners or operators of multiple family dwellings. No such licenses shall be issued unless the multiple dwelling in connection with which the license is sought is found after inspection by the Village Manager or his designee to meet all requirements of the Village Code and of applicable rules and regulations pursuant thereto. Each applicant shall be notified by the Village Manager in advance of the date and time of such licensing inspection. Be Condominium and townhou~e associations are exempt from the licensing provisions of this Article, however, individual owners may not be exempt should their structure qualify as a multi-family rental structure as defined herein. B. License Fee. No operating license shall be issued or renewed unless the completed application form is accompanied by payment of an annual license fee. The annual fee for operating licenses for multiple family dwellings shall be $7.00 per dwelling unit. The landlord shall charge the fee to the tenants on such terms as they may agree. C. Designation of Agent. No operating license shall be issued or renewed for an applicant unless such applicant has first designated an agent for the receipt of service of complaints for violations of the provisions of this Article or of the Village Code and for service of process pursuant thereto when said applicant is absent from Mount Prospect for thirty (30) or more days. Such a designation shall be made in writing, and shall accompany each application form. - 18 - De Fe 8/83 Renewal of License. An application for renewal of an operating.license shall be made thirty (30) days prior to the expiration of the present operating license. Notice of Change in Ownership. Each license shall be displayed in a conspicuous place within the common ways of the multiple family dwelling. Every person holding an operating license shall give notice in writing to the Village Manager within five (5) days after having transferred or otherwise disposed of the legal control of any licensed multiple family dwelling. Such notice shall include the name and address of the person or persons succeeding to the ownership or control of such multiple family dwelling. Suspension or Revocation of License. Whenever, upon inspection of the licensed multiple family dwelling, the Village Manager finds that conditions or practices exist which are in violation of the provisions of this Article or of any Of the provisions of the Village Code or of any applicable rules and regulations pursuant thereto, and that such violations are material, he shall serve the owner or operator with notice of such violation or violations. Such notice shall state that unless the violations cited are corrected within a reasonable time of not less than five (5) days, except for emergency situations, the operating license may be suspended. e At the egd of the time he has allowed for correction of any violation cited, the Village Manager or his duly authorized representative shall reinspect the multiple dwelling, and if he determines that such conditions have not been corrected, he may issue an order suspending the operating license to take effect five (5) days following service upon the landlord unless, in the interim, the landlord requests, in writing, a hearing. 3e Any person whose license to operate a multiple family dwelling is subject to suspension pursuant to a suspension order shall be entitled to a hearing on the suspension action by filing with the Village Clerk, a written request for a hearing before the Village Manager within two (2) business days following the receipt of the suspension order. Upon receipt of said request, hearing shall be scheduled to be held before the Village Manager at a date not more than two (2) business days thereafter. Upon completion of the hearing, the Village Manager may either: a. confirm the suspension; or be suspend the suspension and allow additional compliance time; or C. rescind the suspension. e If no petition for reconsideration of a suspension order is filed as provided above, then the suspension order shall remain in effect until the violations in question have been corrected, as determined by the Village Manager upon inspection of the structure. - 19 - 8/83; 9/83 e In the event an operating license is suspended, and such suspension is affirmed after hearing, if any, during the period of suspension: no existing rental agreement shall be renewed and no new rental agreement shall be entered into with repect to any rental unit located within the licensed dwelling; and the Village shall have the right to proceed under Section 23.1812 of this Article. Sec. 23.1815. Penalties. ae In addition to any other remedy or penalty specified for a violation of any particular provision of this Article, any person violating any provision of this Article shall, upon conviction be subject to a fine of not more than one thousand dollars ($1,000.00) for each offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. Before filing a complaint in Court with respect to a violation of this Article the Village Manager shall deliver or mail a violation notice to the landlord, operating licensee or other party designated to receive notices and service of process on behalf of such landlord or licensee requesting compliance. No person acting as managing agent or collector of rents of any property involved in any proceeding because of violations or alleged violations of the provisions of this Article shall be liable therefor if such person shall within five (5) days after receipt of notice of any alleged violation have notified the owner or owners of the property or the employer of such person of the purported violation or violations of any provision or provisions of this Article and shall have delivered to the Village Manager a copy of such notice with proof of service thereof on the owner, owners or employer. Sec. 23.1816. Severability. If any provision or part thereof of this Article is declared by a Court of competent jurisdiction to be invalid and of no further force and effect, such invalidity shall not affect the remaining provisions of this Article which shall remain in full force and effect. Sec. 23.1817. Effective Date. This Article shall apply to and govern every lease or renewal thereof for a rental unit, as defined herein, within the Village of Mount Prospect entered into or renewed after the 30th day of September 1983." 20 - /83 SECTION TWO: This Ordinance shall supercede and replace 'the provisions of Village Ordinance No. 3308 and shall be in full force and effect upon its passage, approval and publication in pamphlet form in accordance with law. PASSED AND APPROVED THIS 6th... day of September AYES: Arthur, Farley, Murauski~, Van Geem, Wattenberg NAYS: Floros ABSENT: None · 1983. ATTEST: Village Clerk - 21 -