On January 12, 2015, Mayor Rahm Emanuel announced that the City will soon launch the new Landlords List to identify building owners repeatedly cited for failing to provide basic services and protections, such as adequate heat for their tenants, and those who have had more than three cases filed in Administrative Hearings within 24 months. Applicable Administrative Hearings cases include no heat, lack of working smoke detectors and similar violations.
The City will continue to aggressively pursue those who refuse to comply through the Administrative Hearings process and in court – as is already the case. The new list, which will be available online, will position the City to impose penalties against the bad landlords – making them ineligible to acquire City land, zoning changes, business licenses, and any building permits unrelated to addressing their violations. The worst cases may be taken to court for forfeiture, in which some landlords could lose their properties to third parties.
The City plans to publish the first edition of the Bad Landlords List within two weeks and send a letter to landlords on the list notifying them of their violations and the penalties they face.
The City’s Department of Buildings, in consultation with the Department of Law will develop and publish the Bad Landlords List quarterly. Residential building owners who fail to properly address unsafe conditions at their properties will be added to the list and will have an opportunity to appeal. The Bad Landlords List will also include residential building owners currently listed on the Building Code Scofflaw List, which is published annually, no later than the first business day of December.
Individuals on the Bad Landlords List will face a number of penalties that will provide better conditions for renters, improved maintenance of their buildings and compliance with the Chicago Building Code. The penalties will apply while the owner remains on the list. Listed owners will:
- Not be allowed to obtain business licenses. Going forward, individuals applying for a license will be required to sign an affidavit affirming that they are not on the list.
- Be denied the ability to receive zoning changes, acquire City land, or receive financial assistance like tax increment financing (TIF).
- Not be able to obtain building permits that are not related to addressing their violations.
- Be subject to forfeiture and the City will be authorized to transfer properties to third parties that can better take care of the buildings.
Mayor Emanuel’s new plan to hold landlords accountable comes on the heels of Friday’s emergency heat court hearing. Following complaints from renters, the City completed nearly 500 inspections during last week’s frigid weather. On Friday, the City took to court landlords of 20 properties (covering 280 residential units) as a means of forcing them to restore heat for tenants.
Every year, the City conducts between 6,000 and 8,000 inspections in response to calls regarding lack of heat or hot water. Since September 15th, 2014, the Department of Buildings has completed 3,422 no heat inspections, referred 157 buildings to Administrative Hearings and another 178 buildings to the Department of Law to process for prosecution in Circuit Court. During the previous year’s heat season, the Buildings Department conducted 7,791 inspections in response to lack of heat or hot water complaints that resulted in 1,348 violations. Of these violations, the City referred 307 for Court prosecution on the emergency heat call and 517 for prosecution at Administrative Hearings for expedited hearings for heat violations.
Posted by Bradford Miller Law, P.C.
Practicing in Real Estate Law, Landlord Tenant Law, and Estate Planning
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Chicago, IL 60602
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