ARTICLE I. Sec. 12.5-1. Purpose and declaration of policy.
It is the purpose of this chapter and the policy of the city, in order to protect and promote the public health, safety and welfare of its citizens, to establish rights and obligations of the landlord and the tenant in the rental of rental units in the city and to encourage the landlord and the tenant to maintain and improve the quality of rental housing within the community.
(Ord. No. 9394-58, § 1, 1-18-94)
Sec. 12.5-2. Scope.
This chapter applies to, regulates and determines certain rights, obligations and remedies under a rental agreement for a rental unit located within the city. Unless created to avoid the application of this chapter, however, the following arrangements are not governed by this chapter:
(1) Residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, counseling, religious or similar service;
(2) Occupancy under a contract of sale of a rental unit or the property of which it is a part, if the occupant is the purchaser or a person who succeeds to his/her interest;
(3) Occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization;
(4) Transient occupancy in a hotel, motel tourist home or tourist court;
(5) Occupancy by an employee of a landlord whose right to occupancy is conditional upon employment in and about the premises.
(Ord. No. 9394-58, § 1, 1-18-94)
Sec. 12.5-3. Application.
The landlord and tenant may include in a rental agreement any terms and conditions not in conflict with this chapter or any other rule of law, including rent, term of the agreement, and other provisions governing the rights and obligations of the parties, and nothing contained herein shall likewise be deemed to waive or to forego the rights, obligations or remedies of any party as otherwise established by law or other applicable codes of the city.
(Ord. No. 9394-58, § 1, 1-18-94)
Sec. 12.5-4. Definitions.
The following words and phrases, when used in this chapter, shall have the meanings respectively ascribed to them in this section, except where the context otherwise requires.
Actual costs means all costs incurred, which may include reasonable compensation for time spent by the landlord or the tenant.
Essential services means water, heat, hot water, gas, electricity, and sanitation as required to be maintained by the minimum housing code of the city, and substantially functional cooking facilities and refrigerator, if supplied by the landlord.
Firm certificate of insurance means a certificate issued by an insurance carrier which shall impose an unconditional duty upon the carrier to notify the landlord not less than ten (10) days prior to the cancellation or termination of the coverage specified therein.
Good faith means honesty in fact in the conduct of the transaction concerned.
Housing code means any law, ordinance or governmental regulation concerning fitness for habitation, or the construction, maintenance, operation, occupancy, use or appearance of any premises or rental unit.
Landlord means the owner or lessor of the rental unit or the building of which it is a part, not including a sublessor.
Owner means one (1) or more persons, jointly, severally or in common, or any organization, in whom is vested all or part of the legal title to property, or all or part of the beneficial ownership and a right to present use and enjoyment of the premises, including a mortgagee in possession. As used herein, an organization shall include a corporation, government, governmental subdivision or agency, trust, estate, partnership, association or any other legal or commercial entity.
Rent means all payments to be made to the landlord under the rental agreement.
Rental agreement means all agreements, written or oral, and valid rules and regulations embodying the terms and conditions concerning the use and occupancy of a rental unit and premises.
Rental unit means one (1) or more rooms in a structure or portion thereof arranged, designed and used as a residence or living quarters by one (1) or more persons who maintain a household together.
Tenant means a person or an organization entitled under a rental agreement to occupy a rental unit to the exclusion of others.
(Ord. No. 9394-58, § 1, 1-18-94)
Sec. 12.5-5. Obligation of good faith.
Every duty under this chapter and every act which must be performed as a condition precedent to the exercise of a right or remedy under this article imposes an obligation of good faith in its performance or enforcement.
(Ord. No. 9394-58, § 1, 1-18-94)
Sec. 12.5-6. Exclusivity of remedies.
The rights, obligations and remedies accorded to both landlords and tenants under this chapter are exclusively civil in nature and in no event shall the violation of any provision of this chapter be deemed to constitute a violation punishable by a fine or penalty under this chapter or section 1-10.
(Ord. No. 9394-58, § 1, 1-18-94)
Sec. 12.5-7. Effective date.
This chapter shall take effect on April 1, 1994. It applies to rental agreements entered into or extended or renewed on and after that date.
(Ord. No. 9394-58, § 1, 1-18-94)
Secs. 12.5-8, 12.5-9. Reserved.
ARTICLE II. Sec. 12.5-10. Rental agreements--Prohibited provisions.
(a) Except as otherwise provided by this article, no rental agreement between the landlord and the tenant shall contain any provision:
(1) Waiving the rights or remedies provided under this article;
(2) Waiving any statutory rights or remedies provided under state or federal law;
(3) Providing that either the landlord or the tenant confess judgment on a claim arising out of the rental agreement;
(4) Providing that either the landlord or the tenant may recover attorney's fees incurred to enforce the rental agreement unless the rental agreement stipulates that both the landlord and the tenant be entitled to recovery of attorney's fees under identical terms and conditions;
(5) Limiting the liability of the landlord or the tenant arising under law;
(6) Prohibiting the tenant from subletting the rental unit;
(7) Requiring a monthly late fee in excess of five (5) percent of the monthly rental payment per month; fees in excess of this amount may be charged if the landlord demonstrates actual costs which are greater;
(8) Providing for tenant's payment of lock-out charges, sublet fees, late checkout charges or any other fees or penalties that exceed the landlord's actual costs for services; or
(9) Automatically renewing the rental agreement by reason of the tenant's failure to provide notice of intent not to renew.
(b) A provision prohibited by subsection (a) included in a rental agreement is unenforceable. If the landlord deliberately attempts to enforce any provision in a rental agreement which is prohibited, the tenant may recover an amount totaling not more than two (2) months' rent and such damages, costs and reasonable attorney's fees as a court shall determine and award. The landlord shall be considered to have deliberately attempted to enforce a prohibited lease provision if the landlord knew or reasonably should have known that the provision was prohibited and the landlord:
(1) Refuses to approve a sublease as required by law or requires, as a condition of granting approval of a sublease, payment of a prohibited sublease charge, acceleration of rent or payment of a higher rental rate than stipulated in the lease agreement;
(2) Refuses to provide a service because of the tenant's nonpayment of a prohibited fee or charge;
(3) Serves the tenant with written demand stating the intention to terminate the rental agreement for nonpayment of prohibited fees or charges;
(4) Files suit against the tenant to enforce the prohibited provision.
(Ord. No. 9394-58, § 1, 1-18-94)
Sec. 12.5-11. Same--Notice of nonrenewal.
(a) If the landlord elects to terminate a month to month tenancy, or the landlord elects to not renew the rental agreement, or to change the terms of the rental agreement upon renewal, the landlord shall notify the tenant, in writing, not less than thirty (30) days prior to the last day of the rental period.
(b) If the landlord fails to give the required written notice that the rental agreement will not be renewed, the tenant may remain in the rental unit on a month to month basis under the same other terms and conditions as the prior term, until such time as the required notice is given and becomes operative as set forth in subsection (a). The tenant shall be obligated to pay rent in a timely fashion.
(c) If the rental agreement is an oral agreement creating a month-to-month tenancy, the tenant shall notify the landlord, in writing, not less than thirty (30) days prior to the last day of the rental period, of the tenant's intention to vacate the premises by the last day of the rental period.
(d) If the tenant fails to give the required written notice to terminate the oral rental agreement, the tenant shall be liable to the landlord for lost rent during the time that the rental unit remains vacant, until the end of the next rental period, except that the tenant shall not be liable for payment of said lost rent if the landlord failed to provide the tenant with notice of the tenant's obligations as described in section 12.5-12 of this Code. The landlord shall have a duty to mitigate damages.
(e) The written notice required by this section may be delivered by personal service, first class mail, or any other means reasonably intended to provide actual notice.
(Ord. No. 9394-58, § 1, 1-18-94)
Sec. 12.5-12. Same--Copy of this chapter to be provided.
A copy of this chapter, or a summary thereof in a form prepared by the city and available for public inspection and copying, shall be provided by the landlord to every tenant at the time of signing a written rental agreement or entering into an oral rental agreement, except a renewal thereof if a copy of the required material has already been provided.
(Ord. No. 9394-58, § 1, 1-18-94)
Sec. 12.5-13. Same--Late charges.
A landlord may not impose a late charge unless the amount of the late charge is specified in the lease. A tenant shall not be subject to a late charge if the envelope containing the payment is postmarked on or prior to the date payment is due.
(Ord. No. 9394-58, § 1, 1-18-94)
Sec. 12.5-14. Same--Notice of charges.
A landlord may not impose any charge or fee, with the exception of rent, unless written notice of the charge or fee is provided to the tenant within thirty (30) days.
(Ord. No. 9394-58, § 1, 1-18-94)
Sec. 12.5-15. Landlord's right to access.
(a) The tenant shall not unreasonably withhold consent to the landlord to enter the rental unit in order to inspect the premises, make necessary or agreed repairs, supply necessary or agreed services, make alterations or improvements if such alterations or improvements do not interfere with the tenant's use of the premises, or to show the rental unit to prospective or actual purchasers, mortgagees or tenants.
(b) The landlord shall not abuse the right of access to the rental unit or use it to harass the tenant. Except in cases of emergency or by mutual consent, the landlord or landlord's agents shall not enter the rental unit without first providing the tenant with at least twenty-four (24) hours advance notice of the entry and may enter only at reasonable times. Reasonable times shall be considered 10:00 a.m. to 8:00 p.m. on weekdays and 11:00 a.m. to 8:00 p.m. on weekends, or such other times agreed upon by the tenant and the landlord.
(c) From the time that either the landlord or the tenant notifies the other party that the rental agreement will not be renewed, the landlord shall have the right to access, without twenty-four (24) hours advance notice, for the purpose of showing the rental unit to prospective tenants, provided that:
(1) The rental unit has not already been leased for the twelve-month period subsequent to the expiration of the rental agreement;
(2) The landlord enters only during two (2) specific one-hour periods on weekdays and three (3) specific one-hour periods on weekends, selected by the tenant from among choices offered by the landlord, during which the landlord will have daily access; and
(3) The landlord shall notify the tenant when the rental unit has been leased for the twelve-month period subsequent to the expiration of the rental agreement.
(d) If the tenant requests repairs and the landlord enters the rental unit to perform said repairs within fourteen (14) days of the tenant's initial request, the landlord shall not be obligated to provide the tenant with advance notice of entry. If the landlord fails to perform said repairs within fourteen (14) days of the tenant's initial request, the landlord shall be required to provide the tenant with at least twenty-four (24) hours' advance notice of entry. The notice shall only be effective for a seven-day period.
(e) The landlord may enter the rental unit at any time, without advance notice, in case of emergency. For purposes of this provision, the term "emergency" shall refer to a situation wherein access to the rental unit is necessary in order to prevent damage or destruction to the rental unit, other rental units, or the building, or to the fixtures, equipment, appliances, furniture or other personal property contained therein, or in order to protect any person from injury. Nonpayment or delinquent payment of rent shall not constitute an emergency.
(f) The landlord or landlord's agents shall enter the rental unit only after knocking on the door and providing the tenant a reasonable opportunity to answer, shall leave the premises in as good condition as when entered, shall clean and remove dirt and debris that result from the performance of maintenance and repairs, shall leave a note indicating the names of the persons who entered the rental unit and shall lock the rental unit when leaving.
(Ord. No. 9394-58, § 1, 1-18-94)
Sec. 12.5-16. Remedies for abuse of access rights.
(a) If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access or terminate the rental agreement. In either case, the landlord may recover damages and reasonable attorney's fees.
(b) If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner the tenant may obtain injunctive relief to prevent the recurrence of the conduct and recover an amount equal to not more than two (2) months' rent or the damages sustained, whichever is greater, and reasonable attorney's fees.
(c) If the landlord makes a lawful entry to make alterations or improvements that materially interfere with the tenant's use of the premises or if the landlord makes repeated demands for entry otherwise lawful, but which have the effect of harassing the tenant after being notified in writing by the tenant that tenant feels harassed by such repeated demands, the tenant may obtain injunctive relief to prevent the recurrence of the conduct, or terminate the rental agreement. In each case, the tenant may recover an amount equal to not more than two (2) months' rent or the damages sustained, whichever is greater, and reasonable attorney's fees. The provisions of this section shall not apply to alterations or improvements done by the landlord to correct cited housing code violations, except in the cases of the landlord's unreasonableness, neglect, or negligence in correcting the violations.
(Ord. No. 9394-58, § 1, 1-18-94)
Sec. 12.5-17. Tenant obligations.
The tenant shall:
(1) Comply with all obligations imposed upon tenants by provisions of city code applicable to occupants of a rental unit;
(2) Keep that part of the premises that he or she occupies and uses as safe as the condition of the premises permits;
(3) Dispose from the rental unit all ashes, rubbish, garbage and other waste in a clean and safe manner;
(4) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in the premises;
(5) Not deliberately nor negligently destroy, deface, litter, damage, impair or remove any part of the premises or knowingly permit any person to do so;
(6) Conduct himself or herself and require other persons on the premises and within the rental unit with his or her consent to conduct themselves in a manner that will not disturb the neighbors;
(7) Maintain the rental unit in a clean and sanitary condition and provide for a general cleaning of the rental unit prior to departure. As part of such cleaning, the tenant will broom sweep and mop the floors, vacuum all rugs and carpeting, and clean all appliances and plumbing fixtures;
(8) Unless otherwise agreed to in writing by the landlord, not apply any part of a security deposit as part of obligated rent payments; and
(9) Hold the landlord harmless from claims for property loss for which the landlord is not responsible and which the tenant's own insurance should cover.
(Ord. No. 9394-58, § 1, 1-18-94)
Sec. 12.5-18. Landlord obligations--Maintenance of premises.
(a) The landlord shall maintain the premises in compliance with all applicable housing codes of the city and shall promptly make any and all necessary repairs to fulfill that obligation, provided, however, that the tenant may knowingly and intentionally elect and agree to repair the premises to bring them into conformity with the applicable housing codes of the city. The burden shall be on the landlord to establish a knowing and intentional election on the part of the tenant to repair the premises in compliance with the applicable housing code. A mere recital in a form lease that tenant has covenanted to repair will not be sufficient, it being the intention of this article that any agreement with the tenant to repair be bargained for in fact. A separate hand-written paragraph in the lease showing:
(1) That the tenant has been informed of this article and the existing code violations;
(2) That he/she has affirmatively elected and bargained to repair the violations listed and other items listed; and
(3) The inducement for such arrangements, will be prima facie evidence that such provision was entered into in good faith and was bargained for in fact.
(b) Nothing in this article shall be interpreted so as to restrict the authority of city inspectors to cite a landlord for violation of building code provisions.
(c) Before a tenant initially enters into or renews a rental agreement for a rental unit, the landlord or any person authorized to enter into a rental agreement on the landlord's behalf shall disclose to the tenant in writing any housing code violations which have been cited by the building official and which remain uncorrected for that rental unit and the common area of the premises.
(d) This article shall not be interpreted as decreasing or diminishing the implied warranty of habitability as adopted by the Illinois Supreme Court.
(Ord. No. 9394-58, § 1, 1-18-94)
Sec. 12.5-19. Same--Security deposit interest.
(a) A landlord who receives a security deposit of one hundred dollars ($100.00) or more from a tenant to secure the payment of rent or to compensate for damage to property shall pay interest to the tenant, computed from the date the deposit is paid, at a rate equal to the interest paid by the largest commercial bank, as measured by total assets, having its main banking premises in Champaign County, Illinois, on minimum deposit passbook savings accounts as of the thirtieth of June immediately preceding the inception of the rental agreement on any such deposit held by the landlord for more than six (6) months.
(b) The landlord shall, within thirty (30) days after the end of each twelve-month rental period, pay to the tenant any interest, by cash or credit to be applied to rent due, except when the tenant is in default under the terms of the lease. For the purposes of this provision, default shall mean nonpayment of rent or a successful claim by the landlord for possession of the premises for good cause other than nonpayment of rent. A landlord who willfully fails or refuses to pay the interest required by this article shall, upon a finding by a circuit court that he/she has willfully failed or refused to pay, be liable for an amount equal to the amount of the security deposit, together with court costs and reasonable attorney's fees.
(Ord. No. 9394-58, § 1, 1-18-94)
Sec. 12.5-20. Same--Security deposit return.
(a) A lessor of residential real property who has received a security deposit from a lessee to secure the payment of rent or to compensate for damage to the leased property may not withhold any part of that deposit as compensation for property damage unless he or she has, within thirty (30) days of the date that the lessee vacated the premises, furnished to the lessee, delivered in person or by mail directed to his or her last known address, an itemized statement of the damage allegedly caused to the premises and the estimated or actual cost for repairing or replacing each item on that statement, attaching the paid receipts, or copies thereof, for the repair or replacement. If the lessor utilizes his or her own labor to repair any damage caused by the lessee, the lessor may include the reasonable cost of his or her labor to repair such damage. If estimated cost is given, the lessor shall furnish the lessee with paid receipts, or copies thereof, within thirty (30) days from the date the statement showing estimated cost was furnished to the lessee, as required by this section. If no such statement and receipts, or copies thereof, are furnished to the lessee as required by this section, the lessor shall return the security deposit in full within forty-five (45) days of the date that the lessee vacated the premises.
(b) Upon a finding by a circuit court that the landlord has refused to supply the itemized statement required herein, or has supplied such statement in bad faith, and has failed or refused to return the amount of the security deposit due within the time limits provided, the landlord shall be liable for an amount equal to twice the amount of the security deposit due, together with court costs and reasonable attorney's fees.
(c) Reserved.
(d) The decorating of the rental unit after the tenant vacates, including painting and carpet cleaning, unless walls or carpets are damaged beyond normal wear, shall not be considered as damage and the costs thereof shall not be charged to the security deposit.
(Ord. No. 9394-58, § 1, 1-18-94; Ord. No. 2000-07-066, 7-17-00)
Sec. 12.5-21. Same--Disclosure.
(a) Upon tenant's request, the landlord or any person authorized to enter into a rental agreement on the landlord's behalf shall disclose to the tenant in writing within seventy-two (72) hours of the request:
(1) The name, street address and telephone number of the person authorized to manage the premises;
(2) The name and street address of the owner of the premises or the person authorized to act on behalf of the owner for the purpose of service of process and for the purpose of receiving notices and demands; and
(3) The number of unrelated adults who may lawfully dwell in the leased premises pursuant to the Urbana Zoning Ordinance.
(b) A person who fails to comply with the disclosure requirements herein becomes an agent of each person who is a landlord for:
(1) Service of process and receiving of notices and demands; and
(2) Performing the obligations of the landlord under this article and under the rental agreement.
(Ord. No. 9394-58, § 1, 1-18-94)
Sec. 12.5-22. Same--Abandonment.
(a) The tenant shall be deemed to have abandoned the rental unit by being absent with visible intent not to return and with rent unpaid.
(b) If the tenant abandons the rental unit, the landlord may take possession of the rental unit.
(c) If the tenant abandons the rental unit or fails to remove his or her personal property from the premises after termination of a rental agreement, the landlord shall leave the abandoned property in the rental unit or remove and store all abandoned property from the rental unit. The landlord may charge the tenant for the actual costs of storage. The landlord may dispose of the property thirty (30) days after mailing written notice to tenant's last known address, if the tenant does not claim the property within that time. Notwithstanding the foregoing, if the landlord reasonably believes such abandoned property to be valueless or of such little value that the cost of storage would exceed the amount that would be realized from sale, or if such property is subject to spoilage, the landlord may immediately dispose of such property.
(Ord. No. 9394-58, § 1, 1-18-94)
Sec. 12.5-23. Tenant remedies for landlord's failure to maintain.
(a) If the landlord fails to disclose to the tenant in writing any cited housing code violations as required in this article, or to correct any condition constituting a subsequently cited housing code violation within the time specified in a duly served notice to correct such cited housing code violation by the building official, the tenant affected by the condition may notify the landlord in writing of the tenant's intention to correct the condition at the landlord's expense. If the landlord, after receipt of such notice by the tenant, fails to correct the condition within the time specified for the performance of any act required by the notice of the building official or any duly granted extension thereof, the tenant, after first obtaining a contractor's firm certificate of insurance from the qualified appropriate tradesman who is to perform the work, and after furnishing such certificate to the landlord in the case of any work to be done on the premises, may have the work done in a competent manner and, after submitting to the landlord a paid itemized invoice and, where applicable, a properly completed waiver of lien, may deduct from his or her rent the amount thereof.
(b) If the cited housing code violation is one involving essential services which a landlord fails to supply contrary to the rental agreement, or if such violation is one giving rise to a hazardous condition which materially and immediately affects health and safety, the tenant affected by the condition may, in the alternative to the remedy set forth above, after the city's deadline for compliance has passed, notify the landlord in writing of the tenant's intention to:
(1) Procure reasonable amounts of heat, hot water, running water, electricity, gas or other essential service during the period of the landlord's noncompliance and deduct their cost from the rent; or
(2) Procure substitute housing during the period of the landlord's noncompliance, in which case the tenant is excused from paying rent for the period of the landlord's noncompliance. The tenant's actual cost of substitute housing may be deducted from the rent, provided that the amount deducted shall not exceed the average cost for a hotel/motel room in Urbana.
(c) If the landlord fails to provide essential services or to correct the hazardous condition within the time specified in the notice to correct the cited housing code violation or any extension granted by the building official, or if any such similar uncorrected condition or uncorrected interruption of services for any significant period recurs and is cited by the city more than three (3) times in any twelve-month period, the tenant may vacate the premises and terminate the rental agreement, in which case the tenant may recover from the landlord all rent payments not applied to rent accrued prior to the termination of the rental agreement and all damage or security deposits not rightfully applied to damages to the rental unit.
(d) The provisions of this section may not be used by the tenant more than three (3) times during any twelve-month period nor may the combined total dollar amount so deducted or excused during any such period exceed two (2) months' rent. If the tenant proceeds under this section, the tenant may not proceed under any other sections for such breach.
(e) The tenant may not exercise his or her rights under this section if the condition was caused by the inability or unwillingness of a utility supplier to provide service or by the deliberate or negligent act or omission of the tenant, a member of his or her family, or other person on the premises with the tenant's consent.
(Ord. No. 9394-58, § 1, 1-18-94)
Sec. 12.5-24. Landlord remedies for tenant's failure to maintain.
(a) If a tenant, through the tenant's own actions or those of an invitee, causes a landlord to be cited for a housing code violation by the building official or fails to correct any condition constituting a cited housing code violation as set forth in this article within the time specified in a duly served notice to correct such housing code violation by the building official, the landlord affected by the condition may notify the tenant in writing of the landlord's intention to correct the condition at the tenant's expense. If the tenant, after receipt of such notice by the landlord, fails to correct the condition within the time specified for the performance of any act required by the notice of the building official or any duly granted extension thereof, the landlord may enter the rental unit, after providing twenty-four (24) hours advance notice, and have the work done in a competent manner and submit to the tenant an itemized invoice for the actual cost and for reasonable charges for the landlord's service, payable on the next date periodic rent is due, or if the rental agreement has terminated, payable immediately.
(b) If a tenant, through the tenant's own actions or those of an invitee, causes a landlord to be cited for any housing code violation:
(1) More than three (3) times during any twelve-month period; or
(2) Involving essential services; or
(3) Giving rise to a condition which materially and immediately affects the health and safety of others residing in or having access to the premises;
the landlord cited for the condition may, in the alternative to the remedies set forth herein, terminate the rental agreement and order the tenant to vacate the premises. When the tenant is ordered to vacate pursuant to this section, the landlord may recover all rent accrued prior to the termination of the rental agreement, and apply any damage or security deposit to damages to the premises.
(Ord. No. 9394-58, § 1, 1-18-94)
Sec. 12.5-25. Unlawful eviction.
(a) It is unlawful for any landlord or any person acting at the direction of the landlord to knowingly oust or dispossess or attempt to oust or dispossess any tenant from a rental unit without authority of law, by plugging, changing, adding or removing any lock or latching device; or by blocking any entrance into said rental unit; or by removing any door or window from said unit; or by interfering with the services to said unit, including but not limited to, electricity, gas, hot or cold water, plumbing, heat or telephone 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 rental unit or any part thereof or any personal property located therein inaccessible or uninhabitable.
(b) The provisions of subsection (a) shall not apply where the landlord acts pursuant to a court order for possession.
(c) If the tenant, in a civil legal proceeding against the landlord, establishes that a violation of this section has occurred, the tenant shall be entitled to recover possession of the rental unit or personal property and shall recover an amount equal to not more than two (2) months' rent or the actual damages sustained, whichever is greater, and reasonable attorney's fees.
(Ord. No. 9394-58, § 1, 1-18-94)
Sec. 12.5-26. Retaliatory conduct.
(a) Except as provided in this article, a landlord may not retaliate by decreasing services or by bringing or threatening to bring action for possession or by refusing to renew a rental agreement because the tenant has:
(1) Complained in good faith of a code violation to a government agency charged with the responsibility for the enforcement of such code;
(2) Complained to the landlord of a violation of any of the provisions of this article;
(3) Organized a tenant association or complained to the Tenant Union, Student Legal Service, or similar private or governmental organization about a violation of the provisions of this article or a violation of the rental agreement;
(4) Exercised or attempted to exercise any right or enforce any remedy granted to the tenant under this article.
(b) If the landlord acts in violation of subsection (a), the tenant has a defense in any retaliatory action against him or her for possession and shall be entitled to recover possession, an amount equal to two (2) months rent and reasonable attorney's fees.
(Ord. No. 9394-58, § 1, 1-18-94)
ARTICLE III. Sec. 12.5-27. Purpose.
It is the purpose of the City of Urbana Rental Registration and Inspection Program adopted herein to assure that rental housing in the city is maintained in a good, safe, and sanitary condition and does not create a nuisance or blighted conditions to its surroundings. to ensure these conditions and to aid in the enforcement of the property maintenance code, building safety code, zoning ordinance, and other relevant provisions of the city Code, the city council hereby establishes this rental registration and inspection program for all applicable residential rental units within the city.
(Ord. No. 2006-08-109, § 1, 1-16-07)
Sec. 12.5-28. Scope.
This article applies to any dwelling unit and its accessory units that are leased as rental units located within the city, with the following exceptions:
(1) Nursing homes, as defined in the Urbana Zoning Ordinance;
(2) Hotels and motels, as defined in the Urbana Zoning Ordinance;
(3) Public housing, owned by a governmental agency; and
(4) University certified housing.
(Ord. No. 2006-08-109, § 2, 1-16-07)
Sec. 12.5-29. Definitions.
The following words and phrases, when used in this article, shall have the meanings respectively ascribed to them in this section, except where the context otherwise requires.
Building official means the director of the community development services department, or his/her authorized designee.
Property maintenance code means article IX of chapter 5 of the city Code, as amended.
Duplex means a building with two (2) rental units.
Local agent means one (1) or more persons who has charge, care, or control of a building in, or part thereof, in which rental units are maintained.
Multifamily building means a structure that contains three (3) or more rental units.
Owner means one (1) or more persons, jointly, severally or in common, or any organization, in whom is vested all or part of the legal title to property, or all or part of the beneficial ownership and a right to present use and enjoyment of the premises, including a mortgage in possession. As used herein, an organization shall include a corporation, trust, estate, partnership, association or any other legal or commercial entity. The term shall not include a lessee who previously occupied a rental unit and who is subleasing the unit for the remaining part of his or her lease.
Rental property means a structure with one (1) or more residential units which are leased for occupancy. However, it does not include property excluded in section 12.5-28.
Rental agreement means all agreements, written or oral, and rules and regulations embodying the terms and conditions concerning the use and enjoyment of rented premises. It shall also include subleases.
Rental unit means one (1) or more rooms in a structure arranged, designed and used as a residence or living quarters by one (1) or more persons who are not its owner(s), and contained within a rental property as defined herein.
Rent, rented or rental means any payment made to an owner or an owner's agent pursuant to a rental agreement.
Single-family dwelling means a structure with one (1) rental unit.
(Ord. No. 2006-08-109, § 3, 1-16-07)
Sec. 12.5-30. Registration of rental property.
(a) After the effective date of this article, it shall be unlawful for any owner, as defined herein, to lease or operate a rental property without registering it with the city building official and complying with the provisions of this article, together with other applicable codes and ordinances of the city. The registration of rental properties required herein shall expire on October 14 of each year. However, the fees for 2006 through 2007 shall be prorated according to the effective date of this article.
(b) No owner shall be allowed to register any property if the owner has outstanding fees or fines due and owing to the city.
(c) Registration may be denied or may be revoked by the building official as provided in this article. If registration is denied or revoked, the building official shall notify the owner or owner's agent, in writing, of the denial and the reasons therefore, pursuant to section 12.5-43 of this article and provide an opportunity to appeal the decision pursuant to section 12.5-44 of this article.
(Ord. No. 2006-08-109, § 4, 1-16-07)
Sec. 12.5-31. Application requirements.
Applications for registration shall be filed with the community development services department and accompanied by a registration fee as established in the schedule of fees in chapter 14 of the Urbana City Code. Such application shall be made at least thirty (30) days prior to the expiration of the registration, and shall include the following information:
(a) Name, street address and telephone number of the owner of the rental unit;
(b) Name, street address, and telephone number of the owner's agent responsible for the management of the premises of the rental unit;
(c) Legal address of the premises;
(d) Number of units in each building within the rental property;
(e) Occupancy as permitted under the zoning ordinance, or as specified in the certificate of occupancy;
(f) Signed statement of owner and owner's agent indicating that he/she is aware of the city's building safety codes and zoning (occupancy) codes and the legal ramifications for knowingly violating said codes;
(g) Name and address of the registered agent, if the owner is a corporation;
(h) Name and address of the mortgage holder, if there is a mortgage on the rental property; and
(i) Name and address of any buyer on a contract for deed.
(Ord. No. 2006-08-109, § 5, 1-16-07)
Sec. 12.5-32. Registration renewal.
If there are no changes in ownership or agent representation, renewals of the registration may be made by filling out the registration renewal form furnished by the city and paying the appropriate fee.
(Ord. No. 2006-08-109, § 6, 1-16-07)
Sec. 12.5-33. Changes in ownership.
Within thirty (30) days of any change of ownership of a rental property, the new owner shall reregister the property by filing the registration information and form set forth in section 12.5-31. There shall be no additional charge for the remaining period of the annual registration. A change of ownership shall include any change in ownership rights, including execution of a contract for deed, whether recorded or not.
(Ord. No. 2006-08-109, § 7, 1-16-07)
Sec. 12.5-34. Fees.
(a) It being the goal of the city that the rental registration and inspection program be self-supporting, the council shall establish a two-tiered schedule of registration fees for:
(1) Single-family dwellings and duplexes, which shall be applied on a per building basis; and
(2) Multifamily housing, which shall be applied on a per building and per unit basis.
The building official shall review income from fees and expenses of this program, and make recommendations to the council on any appropriate adjustments in the fee schedule. Fees shall also be set for:
(1) Failure to register;
(2) Incomplete registration information;
(3) Failure to register by the due date; and
(4) Reinspections of rental properties.
(b) HUD assisted, low-income permanent housing projects for seniors, persons with disabilities, and/or homeless individuals; and Medicaid or Illinois Department of Human Services funded housing for persons with disabilities shall be eligible for a waiver of fees by the building official.
(c) It shall be illegal for any owner or agent of the owner to charge a tenant or tenants, a fee greater than the actual pro rata cost of the registration fee and to attribute that greater than actual fee to the city. Any explicit pass-through of the registration fee must be accurately represented, calculated and communicated to the tenant in order to be effective, regardless of how the fee may be characterized in any lease documents.
(Ord. No. 2006-08-109, § 8, 1-16-07; Ord. No. 2009-04-037, § 1, 4-20-09)
Sec. 12.5-35. Inspections.
Both the interior and exterior of properties registered under the rental registration and inspection program shall be periodically inspected by the city as set forth herein.
(a) [Establishment of schedule.] The building official shall establish a schedule of periodic inspections of multifamily, single-family, and duplex rental units to ensure compliance with this article, as well as the property maintenance and building codes contained within chapter 5 of the city Code and the permitted use and residential occupancy provisions contained within Article 5 of the Urbana Zoning Ordinance.
(b) [Determination.] The inspection schedule for multifamily, single-family, and duplex rental units shall be determined by the following factors:
(1) Systematic zones throughout the city, as previously established by administrative order (see separate published map of systematic inspection zones).
(2) Tenant or neighbor complaints about a particular structure or area of rental properties, and/or as indicated by fire and police calls or exterior nuisance complaints about a structure or area.
(3) Inspection efforts proportionate to the amount of the housing stock in each rental housing type: multifamily, single-family, and duplex.
(4) Inspection class assigned to a particular building, pursuant to section 12.5-36.
(5) Overall condition of the neighborhood in which the property is located.
(6) Frequency of prior inspections and date of most recent inspection of the property.
(c) Notice of inspection and right to refuse.
(1) Notice of periodic inspections of rental units, pursuant to this section, shall be given in writing to each owner and each tenant of such rental unit, a minimum of seven (7) days prior to the inspection. Such notice shall be presumed to have been received as of the time it was served personally on such person, or if mailed by first class U.S. mail, ten (10) days prior to the inspection, it will be presumed to have been received at least seven (7) days prior to the inspection. In such notice, the tenants may be addressed as "occupants" and one (1) such notice mailed to the address of the rental unit, shall be regarded as notice to all tenants. Notice to the owner, if mailed, shall be addressed to such owner at the address provided for such owner in the application to register the rental property.
(2) The notice shall advise that objections to such inspection may be lodged by telephone, fax, or e-mail or in person at the city's community development services department.
(3) If any owner or any occupant objects to a periodic inspection, no inspection of the rental unit shall be undertaken without an administrative search warrant issued by a court of competent jurisdiction, setting forth the general scope of the inspection.
(4) Failure to reschedule an inspection or respond to a notice of inspection shall be treated as agreement to the date and time of the proposed inspection. The owner shall be liable for the cost of reinspection if the owner or his/her agent fails to provide access to the rental property as scheduled. Failure to provide access as scheduled or rescheduled, shall also constitute a violation of this section.
(5) The notice and warrant requirements of this subsection do not apply to inspections conducted pursuant to other parts of the city Code.
(Ord. No. 2006-08-109, § 9, 1-16-07)
Sec. 12.5-36. Assignment of classifications.
Upon completion of a rental property's inspection, the property shall be classified by the building official according to the classification system set forth herein. Property will be considered for reclassification at each subsequent inspection. However, an inspection shall not be deemed necessary for designation as Class F in subsection (e).
(a) Class A. Building has no violations of applicable city codes. Building inspected as lower priority on regular cycle thereafter.
(b) Class B. Building has violations of applicable city codes and the violations do notpose an immediate threat of danger to the life, health and safety of the occupants of the building. Building inspected on regular cycle thereafter.
(c) Class C. Building has violations of applicable city codes that are in excess of ten (10) in number and/or that affect the overall livability of the building, but do not pose a threat of danger to the life, health or safety of the occupants of the building. Building may be inspected as frequently as every year thereafter.
(d) Class D. Building has violations and is either unsafe, contains unsafe equipment, is unfit for human occupancy or is unlawful. Pursuant to the property maintenance code, the building official may disallow occupancy of all or a portion of the building until code violations are corrected. The building official may inspect the property on a regular basis to verify that it remains in compliance with city codes.
(e) Class F. Building is not in compliance with the rental registration program and may not be occupied for rental. Violations leading to Class F designations are violations which:
(1) Render the unit unsuitable for habitation according to the city's health, life, safety and/or property maintenance codes after notification and reasonable opportunity to remedy such violations;
(2) [Exhibit] repeated and willful violation of the city's zoning code, including, but not limited to, occupancy requirements; or
(3) [Arise from] use of the unit for a criminal purpose, as demonstrated by adjudication of the owner or a tenant for the manufacture, distribution or sale of drugs as set forth and defined by the Illinois Criminal Code.
The Class F designation shall be withdrawn when the underlying violation has been remedied, or in the case of subsection (3), there has been a change of ownership in the unit, the subject tenant has been evicted, and/or the owner has taken appropriate steps to prevent the unit from constituting a continuing threat to the public.
(f) Class N. New construction within the past twenty-four (24) months. First inspection will occur on the next inspection cycle as lowest priority.
(Ord. No. 2006-08-109, § 10, 1-16-07)
Sec. 12.5-37. Publication of class listings and violations.
(a) As a public service and an incentive for improved compliance, the city shall periodically publish a list of properties with their designation pursuant to section 12.5-36. This list shall be considered public information and shall be available upon request as well as posted on the city website. Listings of pertinent violations for Class D or Class F properties shall also be considered public information and available upon request.
(b) Any property receiving a Class A designation shall receive a placard suitable for posting on the property. The placard may be publicly displayed until such time as the city changes the classification.
(Ord. No. 2006-08-109, § 11, 1-16-07)
Sec. 12.5-38. Local agent required.
The owner of any rental unit covered by this article shall be available to respond to an emergency on a 24-hour per day basis. This requirement may be met by maintaining an operating business or owner residence within sixty (60) miles of the rental unit, or by use of a local agent who resides within Champaign County or an adjoining county, either of whom can be contacted on a 24-hour per day basis. If a local agent is used, the owner shall provide the city with the name, address, and telephone number of the local agent in addition to owner information. A post office box, mailing address, or long distance 800 numbers shall not be deemed sufficient to meet the provisions of this section.
(Ord. No. 2006-08-109, § 12, 1-16-07)
Sec. 12.5-39. Safety and security.
To ensure the safety of all residents of rental properties, every owner shall:
(a) Establish a building and unit security plan, including a key tracking system.
(b) Restrict regular access to building and unit keys of occupied rental units to the owner or the owner's agent with the exception of owner-occupied rental units which are exempt from this provision. Keys may be issued to vendors and contractors for the purpose of maintenance and repair, but in such cases the owner or owner's agent shall take responsibility for the tracking and prompt return of such keys in order to protect the safety and security of tenants. If keys are lost in the course of maintenance and repair activities, the owner shall promptly change the locks at his/her own expense.
(c) Cooperate with the city and its police department to address continuing safety issues and crime problems at any rental property. This cooperation shall take the form of at least one (1) meeting with city officials and, if necessary, an inspection of the property to review security and crime issues for formulation of remedies. The resulting security plan may include, but is not limited to, a review of access and security issues, lighting, access to common areas, crime prevention through environmental design (CPTED), neighborhood watch programs, graffiti removal, "no trespass" notices, lease clauses, and such other measures which are appropriate to the individual property and the type of problems at issue.
(d) Every owner or local agent of a multifamily building containing twenty (20) or more units shall attend a city-sponsored training about crime prevention at rental properties. Said training shall be conducted on an as-needed basis by the Urbana Police Department and other relevant city staff.
(e) The Urbana Police Department and community development services department shall compile and provide educational materials to assist owners and tenants with safety and security concerns. Such materials may include assistance with developing security plans, model leases, crime prevention information, emergency contact information, etc.
(Ord. No. 2006-08-109, § 13, 1-16-07)
Sec. 12.5-40. Occupancy of rental units.
Occupancy of residential rental properties shall be restricted and monitored as herein set out.
(a) Every owner of a rental unit subject to this article, shall inform the tenants, before entering into a rental agreement, that no more than one (1) household (as defined in Section II-3 of the Urbana Zoning Ordinance) and three (3) additional unrelated persons (as set forth in Section V-11 of the Urbana Zoning Ordinance) may legally occupy the rental unit and shall:
(1) Execute a rental agreement addendum, consistent with the form and content to be provided by the city, clearly stating the legal occupancy limit for the rental unit, the owner's agreement that the rental unit has not been offered to be occupied by more than the legal occupancy limit, and the tenants' agreement to allow no more than the occupancy limit to occupy the rental unit. The addendum shall be signed by the owner or owner's agent and all tenants who will occupy the rental unit;
(2) Include as part of the rental agreement addendum the relationships of any tenants to each other, excluding children if the number of tenants excluding children exceeds four (4); and
(3) Provide a copy of the rental agreement addendum to the building official, upon request.
(b) If the city provides the owner with evidence of over-occupancy of a unit, the owner shall take all necessary actions to reduce occupancy to the legally allowed limit, including eviction. Failure to remedy over-occupancy shall be considered a willful act and a violation of this article.
(c) Rental units consisting of the following dwelling unit types: Single-family extended group occupancy, duplex extended group occupancy, community living facility, dormitory, hotel or motel, nursing home and bed and breakfast (as defined in Section II-3 of the Urbana Zoning Ordinance), shall be occupied by no more than the maximum occupancy limit specified on the certificate of occupancy, as determined by the building official.
(d) Rental units consisting of a boarding house or rooming house (as defined in Section II-3 of the Urbana Zoning Ordinance), shall be occupied at any given time by no more than fifteen (15) persons, related or unrelated, or fewer as specified in the certificate of occupancy, as determined by the building official. Properties so designated shall be leased on a per person basis.
(e) The above requirements shall not limit the owner from restricting occupancy to a lesser level than that defined above.
(Ord. No. 2006-08-109, § 14, 1-16-07)
Sec. 12.5-41. Violations.
(a) Except as otherwise provided in this Code, violations of this article shall be punishable by fine of not less than one hundred thirty-five dollars ($135.00) nor more than seven hundred fifty dollars ($750.00) for each violation. The city may seek remedies which include corrective action or prohibitions as a part of its relief. In the event of conviction on three (3) or more offenses, the city shall also be entitled to recover its costs and reasonable attorney's fees in addition to fines imposed by the court.
(b) The building official may refuse to register or may revoke the existing registration of any rental property which falls within the provisions set forth as the basis of the Class F designation in section 12.5-36. In the event that the building official denies or revokes registration of a rental property, the tenants of the subject property shall be informed by the city of the decision and of their need to obtain other housing. An owner, or the agent of the owner, may appeal a registration denial or revocation according to the provisions of section 12.5-44.
(Ord. No. 2006-08-109, § 15, 1-16-07; Ord. No. 2007-08-094, § 2, 9-4-07)
Sec. 12.5-42. Affirmative defenses.
(a) The following shall not be affirmative defenses to a violation of this article:
(1) The owner and/or owner's agent did not receive notice, provided that the city issued notice according to the provisions of this article; nor
(2) The property was inspected and issued a classification pursuant to section 12.5-36 indicative of the city's satisfaction with the state of the property at the time of inspection.
(b) The following are affirmative defenses to a violation of this article:
(1) Full correction of each and every violation charged against the defendant;
(2) Violation charge has been caused by the current occupant(s) and the owner and/or owner's agent has persuasive evidence in support of the defense; and
(3) Current occupant(s) has refused entry to the owner or his or her agents to that part of the dwelling or dwelling unit requiring correction, for the purpose of correcting the violation charge.
(Ord. No. 2006-08-109, § 16, 1-16-07)
Sec. 12.5-43. Notices.
Any written notice required to be given to the owner of a rental property under this article shall be addressed to such owner at the address provided for such owner in the application for registration.
(Ord. No. 2006-08-109, § 17, 1-16-07)
Sec. 12.5-44. Administrative appeals.
An owner, or agent of the owner, may appeal a registration denial or revocation to the chief administrative officer within ten (10) days of the date of written notice to such owner, or agent, of the denial or revocation of registration. The appeal must be in writing and state the reasons the owner or agent disagrees with the determination to deny registration or the reasons for the revocation. The chief administrative officer shall appoint a hearing officer to conduct a hearing and make a determination of whether the denial or revocation should be upheld. The hearing officer shall promptly schedule a hearing at a time and date no later than fourteen (14) days from the date of receipt of the appeal by the chief administrative officer, or at a later date at the request of the owner/agent. The hearing officer shall have the power to administer oaths and require the attendance of any city employees. The hearing shall be recorded. The hearing officer shall make written findings of fact and issue a written decision which shall be promptly mailed to the owner and agent, if any.
(Ord. No. 2006-08-109, § 18, 1-16-07)
Sec. 12.5-45. Performance review.
The community development department and the legal department of the city shall conduct a thorough evaluation of this article eighteen (18) months after its effective date. The review process shall include public input and comment on the rental registration and inspection program's strengths, weaknesses and effectiveness. The departments shall tender a written report to the mayor and council summarizing their findings and recommendations. This report shall be tendered in a timely manner but not later than three (3) months after the commencement of the review and evaluation process.
(Ord. No. 2006-08-109, § 19, 1-16-07)
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IN GENERAL
LANDLORD-TENANT RIGHTS, DUTIES, AND REMEDIES
RENTAL REGISTRATION PROGRAM FOR RESIDENTIAL PROPERTY