Record #: O2014-9420   
Type: Ordinance Status: Failed to Pass
Intro date: 11/19/2014 Current Controlling Legislative Body: Committee on Housing and Real Estate
Final action: 5/20/2015
Title: Amendment of Municipal Code Section 5-12-020 by excluding single-room occupancy buildings from provisions governing Residential Landlord and Tenant ordinance
Sponsors: Cardenas, George A., Balcer, James, Brookins, Jr., Howard, Cappleman, James, Willie B. Cochran, Zalewski, Michael R., Moore, Joseph, Pope, John, Moreno, Proco Joe, Mitts, Emma, Burnett, Jr., Walter
Topic: MUNICIPAL CODE AMENDMENTS - Title 5 - Housing & Economic Development - Ch. 12 Residential Landlords & Tenants
Attachments: 1. O2014-9420.pdf
Related files: R2015-407
ORDINANCE
WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS,
WHEREAS,; now, therefore.


BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:


SECTION I. Section 5-12-020 ofthe Municipal Code ofthe City of Chicago is hereby amended by inserting the language underscored, as follows:
J 5-12-020 Exclusions.
Rental ofthe following dwelling units shall not be governed by this chapter, unless the rental agreement thereof is created to avoid the application of this chapter:
Dwelling units in owner-occupied buildings containing six units or less; provided, however, that the provisions of Section 5-12-160 shall apply to every rented dwelling unit in such buildings within the City of Chicago:
Dwelling units in hotels, single-room occupancy buildings (as defined in section 13-4-010 of this code) motels, inns, bed- and-breakfast establishments, roominghouses and boardinghouses, but only until such time as the dwelling unit has been occupied by a tenant for 32 or more continuous days and tenant pays a monthly rent, exclusive ofany period of wrongful occupancy contrary to agreement with an owner. Notwithstanding the above, the prohibition against interruption of tenant occupancy set forth in Section 5-12-160 shall apply to every rented dwelling unit in such buildings within the City of Chicago. No landlord shall bring an action to recover possession of such unit, or avoid renting monthly in order to avoid the application of this chapter. Any willful attempt to avoid application of this chapter by an owner may be punishable by criminal or civil actions;

Housing accommodations in any hospital, convent, monastery, extended care facility, asylum or not-for-profit home for the aged, temporary overnight shelter, transitional shelter, or in a dormitory owned and operated by an elementary school, high school or institution of higher learning; student housing accommodations wherein a housing agreement or housing contract is entered into between the student and an institution of higher learning or student housing wherein the institution exercises control or supervision of the students; or student housing owned and operated by a tax exempt organization affiliated with an institution of higher learning;
A dwelling unit that is occupied by a purchaser pursuant to a real estate purchase contract prior to the transfer of title to such property to such purchaser, or by a seller of property pursuant to a real estate purchase contract subsequent to the transfer of title from such seller;
A dwelling unit occupied by an employee of a landlord whose right to occupancy is conditional upon employment in or about the premises; and
A dwelling unit in a cooperative occupied by a holder of a proprietary lease.


SECTION 2. This amendatory ordinance of 2014 shall be applied and construed retroactively to the original effective date of the Residential Landlord and Tenant Ordinance of the City of Chicago.