Heightened Landlord-Tenant Regulations Expanded to Suburban Cook County

Residential landlords in the City of Chicago have been subject to the heightened standards of the Chicago Residential Landlord and Tenant Ordinance for decades. However, similar tenant protections for the rest of the county were enacted last year through the Cook County Residential Landlord Tenant Ordinance (“Ordinance”).

Critically, the Ordinance includes an anti-lockout provision that applies to all residential units in suburban Cook County, even those exempt from the rest of the Ordinance. The anti-lockout provision states that landlord may not change or remove the locks, remove doors of a rental unit, cut off heat, utility or water service, remove tenant’s personal property, or interfere with the tenant’s use of the apartment. If a landlord violates the anti-lockout provision, the tenant may sue the landlord to get back into the unit and recover attorney’s fees and damages equal to twice the actual damages or 2 months’ rent, whichever is greater.

The remaining provisions of the Ordinance apply to rental units in suburban Cook County other than: (1) owner occupied buildings with six units or less; (2) single-family homes or condominiums if the owner is only renting that one rental property or the owner or an immediate family member has lived in the home within the past 12 months; (3) single room occupancy housing that serves the most vulnerable residents; (4) units in hotels, motels, rooming houses, unless rent is paid on a monthly basis and unit is occupied for more than 32 days; and (5) school dormitory rooms, shelters, employee’s quarters, non-residential rental properties, and owner-occupied co-ops. If a unit is exempt from the Ordinance, the landlord is still required to notify the tenant that the Ordinance does not apply.

Where the Ordinance applies, among other things, the landlord must observe restrictions to lease terms regarding notices, late fees, security deposits, and attorney fees in the event of an eviction. Tenants also have the right to hold back portions of rent for repairs or if the landlord is not adequately maintaining the unit. The landlord must attach copy of the Ordinance summary to every rental agreement and renewal, and failure to do so will permit the renter to terminate the lease.

To avoid costly fines and litigation, Landlords in suburban Cook County should assess whether their rental units are subject to the Ordinance and strictly adhere to the requirements.

If you have any questions about this information, please do not hesitate to contact Audrey E. Gamble, Esquire at agamble@satclaw.com or John W. Campbell, Jr., Esquire at jcampbell@satclaw.com