HomeMy WebLinkAboutORDINANCES-1981-031-O-81•
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4/21/81
31-0-81
AN ORDINANCE
Amending Section 5-3-9-1(B)
of the Residential Landlord
and Tenant Ordinance
BE IT ORDAINED BY THE CITY COUNCIL OF THE CIY OF EVANSTON,
COOK COUNTY, ILLINOIS:
SECTION 1: That Section 5-3-9-1(B) of the Evanston City Code,
1979, as amended, be and hereby is further amended
to read as follows:
(B) If the landlord acts in violation of subsection
(A), the tenant has a defense in any re--aliatory action
against him for possession and is entitled to the follow-
ing remedies: he may recover possession or terminate
the rental agreement and, in either case, recover an
amount equal to 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 in-
ferred that the landlord's conduct was retaliatory.
The inference does not arise if the tenant made the com-
plaint after notice of a proposed rent increase or
diminution of services.
SECTION 2: That all ordinances in conflict herewith are
hereby repealed.
SECTION 3: That this ordinance shall be in full force and j
effect from and after its passage and approval
i
in the manner provided by law.
Introduced �, 1981.
Adopted _;�X a_q 1981. i
-Ater- 1981 I
Mayor
ATTEST:
City Clerk {
Approved as to form:
,Corporation Counsel