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HomeMy WebLinkAboutORDINANCES-1981-008-O-81• n U • 1/13/81 AN ORDINANCE Amending Title 5, Chapter 3 of the Evanston City Code, 1979, Relating to Landlord and Tenant Regulations by adding thereto a new Section 5-3-11, Interruption of Tenant Occupancy and By Revising Sections 5-3-9-1(B) and 5-3-9-2 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Title 5, Chapter 3 of the Evanston City Code, 1979, as amended, be and hereby is further amended by adding thereto a new section 5-3-11 to read as follows: 5-3-11: INTERRUPTION OF TENANT OCCUPANCY: 5-3-11-1: Unlawful Interruption: ; It is unlawful for any landlord or any person acting at his direction to knowingly oust or dispossess or attempt to oust or i dispossess any tenant from a dwelling unit without authority of law, by plugging, changing, adding or removing any lock or latch- ing device; or by blocking any entrance into said unit; or by removing any door or window from said unit; or by interfering j with the services to said unit, including, but not limited to, j electricity, gas, hot or cold water, plumbing, heat or telephone 11 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 dwelling unit or any part thereof or any personal property located therein inaccessible or uninhabitable. 5-3-11-2: Exclusions: The provisions of Section 5-3-11-1 shall not apply where: (a) A landlord acts in compliance with the laws of Illinois pertaining to forcible entry and detainer and engages the 1 Sheriff of Cook County to forcibly evict a tenant or his per- sonal property; or (b) A landlord acts in compliance with the laws of Illinois pertaining to distress for rent; or (c) A landlord acts pursuant to court order; or (d) A landlord interferes temporarily with possession only as necessary to make needed repairs or inspection and only as pro- vided by law; or 8-0-81 1/13/81 • (e) The tenants with a right to possession of the dwelling unit have been absent therefrom for thirty (30) consecutive days without advising the landlord of such absence or their intent to return, current rent is thirty (30) or more days overdue, and after diligent inquiry the landlord has reason to believe that tenants have abandoned the premises and do not intend to return. 5-3-11-3: Fines: (a) Each member of the Police Department, while on duty, is hereby authorized to arrest any person who is found to have vio- lated any of the provisions of Section 5-3-1-1-1. (b) Any person found guilty of violating Section 5-3-11=1 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. 5-3-11-4: Civil Remedy: If a tenant in a civil legal proceeding against his landlord establishes that a violation of Section 5-3-11-1 has occurred he shall be entitled to recover possession of his dwelling unit or personal property and shall recover an ai7ount equal to not • more than two months' rent or twice the actual damages sustained by him, whichever is greater, and reasonable attorneys' fees. A tenant may pursue any civil remedy for violation of this arti- cle regardless of whether a fine has been entered against the landlord pursuant to Section 5-3-11-3. 5-3-11-5: Tenant's Right to Terminate: If a landlord or any, person acting at his direction violates Section 5-3-11-1, 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 vio- lation. If the rental agreement is terminated, the landlord shall return all security deposits, prepaid rent and interest to the tenant in accord with Section 5-3-5-1. SECTION 2: That Section 5-3-9-1(b) of the Evanston City Code, as follows: 1979, as amended, be and hereby is amended to read If the landlord acts in violation of subsection (A), the tenant has a defense in any retaliatory action against him for possession. In an action by or against the tenant, if there i;s evidence of a com- plaint within one year prior to the alleged act of retaliation, it may be inferred that the landlord's conduct was retaliatory. The inference does not arise if the tenant made the complaint after notice of a proposed rent increase or diminution of services. -2- 8-0-81 1 / 13/ 81 • SECTION 3:.That Section 5-3-9-2 of the Evanston City Code, as follows: 1979, as amended, be and hereby ,s amended to read 5-3-9-2: CIVIL ACTIONS BY CITY: Whenever the City Manager or his designee has reasonable cause to believe that any landlord or tenant is engaged in a pattern of practice of violating the provisions of this Chapter, the City may bring a civil action by filing a complaint signed by the City Manager, setting forth the facts pertaining to such pattern of practice and request- ing such relief, including an application for a permanent or temporary injunction, restraining order and damages as hereinbefore provided against the landlord or tenant responsible for such pattern of practice, as may be necessary to in- sure compliance with the provisions of this Chapter and the full enjoyment of the rights herein establish- ed. The foregoing does not limit the City of Evanston's authority to institute actions pursuant to Section 5-3-11-3 to enforce section 5-3-11 of this Chapter. • SECTION 4: That all ordinances in conflict herewith be and hereby are repealed and that Section 5-3-7-7 of the Evanston City Code, 1979, be and hereby is expressly repealed. SECTION 5: That this ordinance shall be in full force and effect from and after its passage and approval as provided by law. Introduced 1981 Adopted 6 1981 ATTEST: J��� )/ • City Clerk Approved as to form X,OA?0 2- Approval 1981 Mayor Corporation Couhsel -3-