HomeMy WebLinkAboutORDINANCES-1982-126-O-8212/2/82
126-0-82
AN ORDINANCE
Amending Sections 5-3-9-1 and 5-3-10 of the
City Code of the City of Evanston Pertaining
to Landlords and Tenants
WHEREAS, the City Council of the City of Evanston believes that
protecting Evanston tenants against retaliatory evictions from their.
residences serves the best interest and welfare of the entire Evanston
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community; and
WHEREAS, the requirement that landlords provide a copy of the
Evanston Residential Landlord and Tenant Ordinance ("Ordinance") to any
tenant is difficult to monitor and assure; and
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WHEREAS, the. City Council of the City of Evanston therefore
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desires .to adopt the Housing Commission's Model Apartment Lease Agreement,
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which incorporates the Ordinance, as a reasonable alternative method of ful-
filling said requirement; and
t WHEREAS, the City Council of the City of Evanston believes that
•opportunity for use of the Housing Commission's Model Apartment Lease
Agreement form will effectively preserve the rights of all parties and assist
in educating landlords and tenants about their rights and obligations;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That Section 5-3-9-1(B) of the City Code of the City
of Evanston, 1979, as amended, relating to Retaliatory
Conduct,•be"further amended to read as follows: t
5-3-9-1 RETALIATORY CONDUCT
(B) 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 the following remedies:
he shall recover possession or terminate the rental agree-
ment and, in either case, recover an amount equal to and
not more than two (2) months' rent or twice the damages
• sustained by him, whichever is greater, and reasonable
attorney's fees. If the rental agreement is terminated, the .
landlord shall return all security and interest recoverable
under Section 5-3-5-1 and all prepaid rent. In an action
by or against the tenant, if there is evidence of a complaint
within one year prior to the alleged act of retaliation, it
may be. presumed that the landlord's conduct was retaliatory.
The presumption does not arise if the tenant made the com-
plaint after notice of a proposed rent increase.
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126-0-82
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SECTION 2: That Section 5-3-10 of the City Code of the City of
Evanston, 1979, as amended, be further amended to
read as follows:
5-3-10 ATTACHMENT OF CHAPTER TO RENTAL AGREEMENT
(A).
A copy of this Chapter shall be attached to each written
rental agreement other than a City of Evanston Model Apart-
ment Lease Agreement when any such agreement is initially
offered to any tenant or prospective tenant by or on behalf
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of a landlord and whether suc4 agreement is for a new rental
or a renewal thereof. Where there is an oral agreement, the
landlord shall give a copy of this Chapter to the tenant.
(Ord. 79-0-75)
-(B)
If a tenant in a civil legal proceeding against his landlord
establishes that'a violation of 5-3-10(A) has occurred, he
shall be entitled to recover $200.00 in damages and reasonable
attorney's fees.
(C)
The Model Apartment Lease Agreement ("Agreement"), as amended
from time to time, shall be on file with the City Clerk.
Each amended Agreement form shall be effective for a minimum
of one (1) year. Leases entered into during the effective
period of a particular Agreement form shall remain valid
notwithstanding amendments made in the Agreement form during
the lease term.
SECTION 3: All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
• SECTION 4: This ordinance shall be in full force and effect from
and after its passage, approval, and publication in
the manner provided by law.
Introduced: 1&e, _ lv , 1982
Adopted: �c�. Zo , 1982
ATTEST:
City Clerk
Approved as to Form:
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• Corporatj& Counsel
Approved: 2,7 1982
Mayo
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