Security Deposits – Interest Rates

Interest Rates for leases begun in the following years:

2016 – 0.01%

2015 – 0.01%

2014 – 0.013%

2013 – 0.023%

2012 – 0.057%

2011 – 0.073%

2010 – 0.073%

2009 – 0.12%

2008 – 1.26%

2007 – 1.68%

2006 – 1.71 %

2005 – 1.01%

2004 – 0.42%

2003 – 0.52%

2002 – 0.83%

2001 – 3.10%

2000 – 2.71%

1999 – 2.63%

1998 – 3.38%

1997 – 3.42%

1987-7/1/1997 – 5.00%

[Note: These are the interest rates for the city of Chicago only]

To qualify for interest in the City of Chicago you must live:

* in a building not occupied by the owner or owner occupied building of 7 units or more

To calculate how much interest is due:

* multiply the total deposit amount by the percentage rate for each year separately
* if more than one year owed add all totals together for final amount

Tenants must reside in unit for at least six months or more in order to be eligible for interest Must be paid within 30 days of tenant’s year anniversary.

Security Deposits – FAQ

NOTE: If your landlord lives in your building, see the “Exceptions” note on the right side of this page.

Do I have to tell my landlord I am moving if I have a written lease?
No. Your lease sets forth the date on which it ends, and you are supposed to move on that date unless you and your landlord agree to renew your lease agreement.

What if I do not have a written lease?
If you pay rent on a monthly basis, you must give your landlord 30 days written notice that you are moving out. Otherwise, you can be held liable for another month’s rent. If you pay rent on a weekly basis, you give your landlord 7 days written notice that you are moving. Otherwise, you can be held liable for another week’s rent.

Can I use my security deposit to pay the last month’s rent?
Not unless your landlord agrees to let you do this. If you reach such an agreement with your landlord, make sure you get this agreement in writing. A security deposit is not rent. You may get evicted if you treat it like rent, without your landlord’s written permission.

Is there anything I can do before I move to make sure I get back my security deposit?
Yes. Clean the apartment, repair any damage you caused, and take pictures of the apartment to verify its condition. You should ask the landlord to:

  • Walk through the apartment with you just before you move out; and
  • Sign a statement verifying the condition of the apartment.

What if I move out after the day I am supposed to move?
You may become responsible for an additional month’s rent. For instance, if you are supposed to move on the last day of January, but you don’t actually move until February 2, your landlord may be able to hold you responsible for the February rent.

What if I leave my property behind when I move out?
Your landlord must leave the property in the apartment or store it somewhere safe for 7 days. If the property is not worth the cost of storage, however, he/she can throw it away immediately.

Can I break my lease before it ends?
Only if your landlord agrees to let you out of the lease or violates your rights under the Chicago Residential Landlord and Tenant Ordinance. If You want to break the lease because your landlord has violated your rights, contact an attorney.

What if my landlord doesn’t let me break the lease, but I still move out before the lease ends?
Your landlord must make a good faith effort to re-rent the apartment. If he/she’s unsuccessful, you remain responsible for the rent. If he/she rents it for less than what you were paying, you remain responsible for the difference.

Can I sublet my apartment?
Yes, and your landlord cannot charge you any subletting fees. Furthermore, if your landlord does not let you sublet to a suitable person, you don’t have to pay rent for the period that begins when the subtenant was willing to move in.

What if my subtenant does not pay the rent?
You become responsible for it.

What happens to my security deposit when I Sublet?
The landlord is entitled to hold your security deposit until the end of the lease, so you should either:

  • Ask your landlord to return your deposit and collect a new one from the subtenant; or,
  • Collect a security deposit from the subtenant yourself.

The landlord cannot keep a deposit from both you and the subtenant if the total amount of the deposit exceeds the amount listed on the lease.

What happens if my landlord refuses to return my security deposit?

The Chicago Residential Landlord Tenant Ordinance states that when a tenant moves out, the landlord has 30 days to give the tenant an itemized list of any repairs or deductions they intend on withholding from the security deposit, including receipts/estimates. The landlord has a total of 45 days to return the remaining amount of the deposit, plus interest. If the landlord does not provide the tenant with a list of deductions within 30 days of vacating the unit, they must return the full deposit amount with 45 days of move-out. If they fail to comply, you can sue the landlord for twice the amount of the deposit, plus courts costs and attorney fees. To request your deposit, use Squared Away Chicago to send your landlord a legal notice. If your landlord still does not return the deposit, contact MTO for an attorney referral.

Please Note:This pamphlet, published by the Legal Assistance Foundation of Chicago and the Metropolitan Tenants Organization as a public service, gives you only a general idea of your rights and responsibilities under the Residential Landlord and Tenant Ordinance and other relevant chapters of Chicago’s Municipal Code. It is meant to inform, but not to advise. Before enforcing your rights, you may want to seek the advice of an attorney who can analyze the facts of your case and apply the law to these facts.

Still can’t find the answer? Send us your questions. Please allow several days for a response.

Evictions – FAQ

NOTE: If your landlord lives in your building, see the “Exceptions” note on the right side of this page.

What must my landlord do if he/she wants to have me evicted?
She must file a lawsuit against you. This lawsuit is called an “eviction action” or a “forcible action.” Your landlord cannot have you evicted unless he/she wins this lawsuit.

Does my landlord have to provide me with a written notice before filing an eviction action against me?
Yes. The kind of notice required depends on the landlord’s reason for terminating or refusing to renew your tenancy.

What if my landlord wants me to move when my written lease ends?
At least 30 days before your lease ends, your landlord must provide you with a written notice stating that he/she will not renew your tenancy. Then, if you don’t move he/she can file an eviction action against you.

If I have a written lease agreement, can my landlord have me evicted before it ends?
Only if you violate one of the lease provisions.

What if I’m behind in my rent?
Your landlord can give you a written demand for the rent. This demand is called a “5-day notice” because it states that your tenancy will end unless you pay all the rent owed within no less than 5 days. If you fail to comply with this demand, your landlord can file a lawsuit against you. (If you live in a CHA building, the notice must give you 14 days within which to pay the rent).

What should I do if I receive a 5-day notice?
Give your landlord all the rent you owe within the next 5 days. Bring a witness with you when you make your rent payment. That witness can then testify on your behalf, if your landlord later denies that you paid or tried to pay the amount owed. Always pay with a check or money order. You can then use the canceled check or money order receipt to prove you paid rent on a certain date.

What if the 5-day notice demands more rent than I owe?
Give your landlord just the amount you owe.

What if my landlord refuses to accept my rent within the 5-day period?
He/she gives up his/her right to file an eviction action against you. If he/she still files this action, call an attorney immediately.

If I don’t have all the money I owe, should I give my landlord a partial payment?
Only if he/she agrees, in writing, to (1) allow you to pay the rest of what you owe later, and (2) not evict you for failing to pay everything you owed within 5 days of receiving the termination notice.

What if I offer my landlord the rent after the 5-day period ends?
He/she does not have to accept it. But if he/she does accept it, and if your tenancy is governed by Chicago’s Residential Landlord and Tenant Ordinance, he/she cannot evict you. (See the front cover of this pamphlet to find out whether the Ordinance governs your tenancy.)

What if I violate some other provision of my lease?
Your landlord can serve you with a notice describing the violation and stating that your tenancy will end in no less than 10 days. The notice must also advise you of your right to “cure” within this 10-day period, and thereby preserve your tenancy. If you fail to “cure” the violation in a timely manner, your landlord can file an eviction action against you.

How can I “secure” a lease violation?
By taking whatever action is necessary to correct the violation you committed. Assume, for example, that your lease prohibits you from keeping any pets. If your landlord serves you with a 10-day termination notice because you have a cat, you can cure your violation by getting rid of the cat within 10 days of receiving the notice.

What steps should I take to prove I cured the lease violation?
Within 10 days of receiving the termination notice, send your landlord a letter explaining what action you have taken to cure the violation. Send the letter by certified mail and keep a copy. If your landlord files an eviction action against you, bring the letter to court.

Does the termination notice always have to state a reason for the termination of my tenancy?
That depends on whether you have a written lease or an oral (unwritten) lease. If you have an oral lease, the notice does not have to state a reason for the termination of your tenancy. Instead, it may simply state that your tenancy will end in no less than 7 days (if you pay rent every week), or no less than 30 days (if you pay rent every month). Your landlord must give you this notice at least one day before your rent is due. If you don’t move at the end or this 7 or 30 day period, your landlord can file an eviction action against you.

How will I know whether my landlord has filed an eviction action against me?
You will receive a court document called a “summons,” which states where and when you must appear for trial.

Should I go to court?
Yes. Even if you lose your case, the judge will give you more time to move if you appear in court.

Can I have an attorney represent me in court?
Yes. In fact, you should contact an attorney as soon as you receive a termination notice.

What if I want an attorney but have not been able to contact one before I appear in court for the first time?
When your case is called, just approach the judge and say, “Your Honor, I would like a short continuance so I can get an attorney. I would also like to preserve my right to a jury trial.” If you do not want an attorney, the judge may conduct the trial immediately.

What should I bring with me when I go to court?
Bring the summons you received, as well as any evidence that supports your case (such as your lease agreement, rent receipts, pictures of your apartment, letters you wrote to or received from your landlord, etc.) . You should also bring any witnesses who are willing to testify on your behalf.

What happens at the trial?
Your landlord will present his/her case first. When he/she finishes, you will be allowed to tell your side of the story. Keep it brief. Write out what you are going to say beforehand so you do not forget anything.

What defenses can I assert at the trial?
There are many possible defenses, so you should discuss your case with an attorney before you go to court.

What happens if I lose my case?
The judge will order you to move. he/she may also order you to pay your landlord any rent you owe.

If I lose my case, how much time will I have to move?
In most cases, the judge will postpone your eviction for a period of 7 to 21 days. You cannot be evicted before this period ends.

What if I need more time to move?
You can file a motion for an extension of time. The day before you are scheduled to be evicted, go to the Advice Desk in the back of Room 602 of the Daley Center and ask the person sitting there to help you file this motion.

What if I was not in court when the judge ordered me to move?
You can file a motion to “vacate” the judges order. As soon as you learn that the judge ordered you to move, go to the Advice Desk in the back of Room 602 of the Daley Center and ask the person sitting there to help you file this motion.

If my landlord wins the eviction action, who can actually force me out of my apartment?
If you live in a CHA building, the CHA police can evict you. Otherwise, only the Sheriff of Cook County can evict you. Your landlord cannot evict you.

What should I do if my landlord tries to force me out of my apartment without following the proper legal procedure for having me evicted?
Call the police. (For more information, read the pamphlet entitled Lock-outs and Retaliation).

Please Note:This information, published by the Legal Assistance Foundation of Chicago and the Metropolitan Tenants Organization as a public service, gives you only a general idea of your rights and responsibilities under the Residential Landlord and Tenant Ordinance and other relevant chapters of Chicago’s Municipal Code. It is meant to inform, but not to advise. Before enforcing your rights, you may want to seek the advice of an attorney who can analyze the facts of your case and apply the law to these facts.

Still can’t find the answer? Send us your questions. Please allow several days for a response.

Chicago Space / Occupancy Requirements

In order to meet legal requirements,  a unit must have at a minimum, the following amount of square feet:

one person – 125 sq. feet
2 people – 250 sq. feet
3 people – 350 sq. feet
4 people – 450 sq. feet
5 people – 525 sq. feet
6 people – 600 sq. ft
7 people – 675 sq. ft
8 people – 750 sq. ft
9 people – 825 sq. ft
10 people – 900 sq. ft

Chicago Building Code: Title 13 Chapter 196

Chicago Building Code: Title 13 Chapter 196 Existing Buildings – Minimum Requirements

13-196-010 Application.

13-196-020 Occupancy.

13-196-030 Structural stability.

13-196-031 Maintenance of exterior walls and enclosures – Definitions.

13-196-032 Maintenance of exterior walls and enclosures – Application.

13-196-033 Maintenance of exterior walls and enclosures – Maintenance and reporting required.

13-196-034 Maintenance of exterior walls and enclosures – Critical examination program.

13-196-035 Ongoing inspection and repair program.

13-196-036 Maintenance of exterior walls and enclosures – Unsafe exterior walls and enclosures.

13-196-036.5 Maintenance of exterior walls and enclosures – Reports to the commissioner.

13-196-037 Ongoing inspection and repair program.

13-196-038 Fines and penalties.

13-196-038.5 Rules and regulations.

13-196-040 Floor loading.

13-196-050 Exit requirements.

13-196-060 Exits – Generally.

13-196-070 Exits – Types.

13-196-080 Passageways and exits to be unobstructed.

13-196-084 Stairwell re-entry in existing buildings.

13-196-085 Stairwell identification.

13-196-086 Area of rescue assistance identification.

13-196-090 Exit, stairway, fire escape and directional signs.

13-196-100 Smoke detectors – Where required.

13-196-110 Smoke detectors – Installation near sleeping rooms and in living levels.

13-196-120 Smoke detectors – Interior stairwell installation.

13-196-130 Smoke detectors – Standards.

13-196-140 Smoke detectors – Owner/tenant responsibilities.

13-196-150 Smoke detectors – Unlawful acts.

13-196-160 Smoke detectors – Multifamily and single-family installation – When.

13-196-165 Carbon monoxide detectors.

13-196-170 Self-closing devices required for corridor doors.

13-196-180 Sprinkler systems – Where required.

13-196-190 Standpipe systems – Where required.

13-196-200 Standard fire alarm system requirements.

13-196-203 Life safety data sheet – Required.

13-196-204 Voice communication systems in existing buildings.

13-196-205 Automatic sprinkler system installation in existing high-rise buildings.

13-196-206 Life safety evaluation of existing high-rise buildings.

13-196-207 Materials and installation standards for retrofit fire protection systems.

13-196-208 Smokeproof towers in existing high- rise buildings – Fire shields.

13-196-209 High-rise buildings – Stairways – Doors – Frames.

13-196-210 High rise fire systems.

13-196-220 Class II standard fire alarm systems.

13-196-230 Floor area and height.

13-196-240 Automatic fire detectors – Where required.

13-196-250 Permitted omission of sprinklers, heat and smoke detectors.

13-196-260 Fire extinguishers.

13-196-270 Elevator recall.

13-196-280 Reserved.

13-196-290 Pre-ordinance hotels.

13-196-300 Institutional units.

13-196-310 Roominghouses.

13-196-320 Roominghouses – Sanitary facilities.

13-196-330 Roominghouses – Responsibility of operator.

13-196-340 Minimum requirements for residential buildings – General.

13-196-350 Residential buildings – Water closet.

13-196-360 Residential buildings – Lavatory.

13-196-370 Residential buildings – Bathtub or shower.

13-196-380 Residential buildings – Limitations on sharing sanitary facilities.

13-196-390 Residential buildings – Kitchen sink.

13-196-400 Residential buildings – Heating facilities.

13-196-410 Residential buildings – Heat to be furnished.

13-196-420 Residential buildings – Cold and hot water lines.

13-196-430 Residential buildings – Hot water to be furnished.

13-196-440 Gas-fired appliances.

13-196-450 Residential buildings – Hall and stairway lighting.

13-196-460 Residential buildings – Storage beneath stairways.

13-196-470 Residential buildings – Space, use and location – Applicability of provisions.

13-196-480 Residential buildings – Space requirements.

13-196-490 Residential buildings – Space requirements – Sleeping rooms.

13-196-500 Residential buildings – Access to water closets.

13-196-510 Residential buildings – Ceiling heights.

13-196-520 Residential buildings – Basement units.

13-196-530 Residential buildings – Foundations, exterior walls and roofs – Maintenance.

13-196-540 Residential buildings – Floors, interior walls and ceilings – Maintenance.

13-196-550 Residential buildings – Windows, doors and hatchways – Maintenance.

13-196-560 Residential buildings – Screens.

13-196-570 Residential buildings – Stairways and porches – Maintenance.

13-196-580 Residential buildings – Basements and cellars – Maintenance.

13-196-590 Residential buildings – Facilities, equipment, chimneys – Maintenance.

13-196-600 Residential buildings – Lot grading and drainage.

13-196-610 Residential buildings – Responsibilities of owners and occupants – General.

13-196-620 Residential buildings – Responsibilities of occupants.

13-196-630 Residential buildings – Responsibilities of owner or operator.

13-196-640 Residential buildings – Liability to city.

13-196-641 Application of certain sections.

13-196-650 Pre-ordinance conversion to existing buildings – Applicability.

13-196-660 Conversion of pre-ordinance buildings – Height limits.

13-196-670 Stairwells.

13-196-680 Corridors.

13-196-690 Dwelling separations.

13-196-700 Partitions.

13-196-710 Basement ceiling construction.

13-196-720 Heating plants.

13-196-730 Light and ventilation.

13-196-740 One additional dwelling unit over original allowed – Conditions.

13-196-750 Heat required.

13-196-760 Endangering health of employees.

13-196-010  Application.

Every existing building shall comply with the code requirements in force and applicable to such building, at the time of its construction or alteration, and shall also comply with such provisions of this chapter which are specifically made applicable to all existing buildings. However, nothing in this chapter shall be interpreted to prevent the application of the Chicago Zoning Ordinance, Title 17 of this Code.

(Prior code § 78-1)

13-196-020  Occupancy.

No person shall occupy as an owner-occupant, or shall let or hold out to another for occupancy, any building which does not comply with the requirements of this chapter.

(Prior code § 78-2)

13-196-030  Structural stability.

If there is any doubt as to the structural stability of any building or structure, or parts thereof, the building commissioner may request such building or structure, or parts thereof, to be critically examined by a licensed architect or registered structural engineer employed by such owner, agent or person in charge, possession or control of any such building, structure, or part thereof.

Said licensed architect or registered structural engineer shall render a report in writing, showing the structural condition of the building, structure or part thereof. Two copies of the report shall in turn be submitted to the building commissioner. One copy of said report shall, if satisfactory, be retained by the building commissioner, and one be returned to the owner, agent or person in charge, possession or control of said building, structure or parts thereof, bearing a stamp of approval signed by said building commissioner.

(Prior code § 78-3; Amend Coun. J. 9-13-89, p. 4604)

13-196-031  Maintenance of exterior walls and enclosures – Definitions.

These terms shall have the following meanings when used in Sections 13-196-031 through 13-196-036, which sections shall be known as the minimum requirements for maintenance of exterior walls and enclosures, as further clarified by such rules and regulations promulgated by the commissioner of buildings pursuant to Section 13-196-037:

“Critical examination” shall mean a close-up visual examination of the condition of all elevations of the exterior walls and enclosure. For buildings constructed of material other than terra cotta, the examination may be satisfied by scaffolding utilizing alternate drops to cover at least 50 percent of the area of each elevation, and including all corners of the building. For buildings constructed of terra cotta material, the examination shall cover the entire area of all elevations. All examinations shall be performed by or under the direct supervision of a professional employed by the owner/agent for the purpose of determining if remedial work is required.

“Ongoing inspection and repair” shall mean a program of bi-annual inspections by a professional retained by the owner/agent, with accompanying report by the professional to the commissioner of buildings and repair work by the owner/agent as necessary.

“Ornamental Piece” shall mean any terra cotta, stone or other decorative addition to a building defined in Section 13-196-032 that is primarily secured to the substrate by a metal fastener.*

“Owner/agent” shall mean the owner, agent or person in charge, possession or control of the building.

“Professional” shall mean an Illinois licensed architect or Illinois licensed structural engineer.

(Added Coun. J. 7-31-02, p. 91358, § 1; Amend Coun. J. 9-4-02, p. 92710, § 1)

13-196-032  Maintenance of exterior walls and enclosures – Application.

Exterior walls and enclosures and parts thereof of buildings that are 80 feet or more in height above grade, shall comply with Sections 13-196-033 to 13-196-036.

(Added Coun. J. 7-31-02, p. 91358, § 1; Amend Coun. J. 9-4-02, p. 92714, § 1)

13-196-033  Maintenance of exterior walls and enclosures – Maintenance and reporting required.*

It shall be the owner/agent’s duty to maintain the building’s exterior walls and enclosures in a safe condition and to provide periodic reports to the commissioner of buildings. In furtherance of that requirement:

(a)     the owner/agent shall: 1) arrange for periodic critical examinations at four year intervals or at longer intervals otherwise designated in rules and regulations promulgated by the commissioner of buildings pursuant to 13-196-038.5 and 2) establish an ongoing inspection and repair program at two year intervals for each of the intervening years.

(b)     The owner/agent of buildings constructed substantially of brick, shall: (1) arrange for periodic critical examinations at four year intervals, or at longer intervals otherwise established by the commissioner, of the ornamental pieces and the parapet wall; (2) arrange for critical examinations at four year intervals or at longer intervals otherwise established by the commissioner, of the lentils, which may be satisfied by scaffolding utilizing one drop per elevation; and (3) establish an ongoing inspection and repair program at two year intervals for the remainder of the exterior walls and enclosures of the building during the intervening years.

When the report indicates that repair or remedial work is necessary, the report shall include a proposed schedule for completion of such work.

(Added Coun. J. 7-31-02, p. 91358, § 1; Amend Coun. J. 9-4-02, p. 92710, § 1)

13-196-034  Maintenance of exterior walls and enclosures – Critical examination program.*

(a)     The initial critical examination shall be submitted for all buildings constructed prior to January 1, 1950, by December 1, 2003, and on all buildings constructed on or after January 1, 1950, by December 1, 2004. The initial critical examination for newly constructed buildings shall be submitted no later than December 1 of the fourth year following completion of the construction.

(b)     Following the initial critical examination, the exterior walls and enclosures and parts thereof on all buildings shall be subsequently critically examined and a report submitted at least once every four years no later than November 1 of the fourth year following the previous examination unless otherwise designated in rules and regulations promulgated by the commissioner of buildings pursuant to Section 13-196-038.5 of this code. Any building which cannot be categorized according to the information contained in a previously submitted critical examination report shall be required to supplement such report with a certification by a professional as to which category the building belongs.

(c)     The critical examination shall include a review of all previous reports.

(d)     The professional shall prepare a report in writing on the critical examination, describing the condition of the exterior walls and enclosures on the building and including a record of the components and cladding including, without limitation, any broken glass and loose or missing glazing components; loose masonry, concrete, EIFS, metal, stone or terra cotta; and all significant deterioration and displacement observed. Additionally, the report shall indicate any imminently dangerous conditions. If any remedial work is recommended the report shall indicate the nature and urgency of such work.

(Added Coun. J. 7-31-02, p. 91358, § 1; Amend Coun. J. 9-4-02, p. 92710, § 1)

13-196-035  Ongoing inspection and repair program.*

(a)     The ongoing inspection and repair program shall provide inspection, reporting and preventive maintenance of the exterior walls and enclosures and parts thereof.

(b)     No later than November 1 of every other calendar year, the professional employed by the owner/agent shall prepare a report in writing on the ongoing inspection and repair program, describing the condition of the exterior walls and enclosures and parts thereof on the building and on any inspections, surveys or repair work performed or to be performed on the exterior walls and enclosures.

(Amend Coun. J. 7-31-02, p. 91358, § 1)

13-196-036  Maintenance of exterior walls and enclosures – Unsafe exterior walls and enclosures.

Every exterior wall and enclosure and parts thereof found to be in an unsafe condition shall be subject to notice by the commissioner of buildings to the owner/agent to take appropriate precautionary measures and effect such repairs or reinforcements in a timely manner as will bring the building exterior walls and enclosures and parts thereof into a safe condition. The owner/agent of any building which constitutes an imminent danger and hazard to the public shall take immediate action to have a critical examination performed upon such building and provide the ensuing report to the department of buildings. Additionally, the owner/agent shall promptly begin and complete the removal, reinforcement and/or permanent repairs necessary to make the premises conform to the building provisions of this code, and provide structurally safe conditions. Any costs incurred by any department of the city in taking emergency actions due to the dangerous and hazardous condition of an unsafe exterior wall, including, but not limited to: closure of vehicular traffic in a public street, rerouting of pedestrian traffic on a public sidewalk; erection or installation of partitions, canopies, sidewalk sheds, barricades, scaffolding or netting, shall be a debt due and owing to the city and recoverable from the owner/agent of such building.

(Added Coun. J. 7-31-02, p. 91358, § 1)

13-196-036.5  Maintenance of exterior walls and enclosures – Reports to the commissioner.

The owner/agent shall submit to the commissioner of buildings two copies of the report required under Section 12-196-034 or 12-196-035. The report shall bear the professional’s seal and signature. If acceptable, one copy of the report shall be returned to the owner/agent, bearing a stamp indicating acceptance by the commissioner of buildings. The owner/agent shall maintain such reports in a permanent building file for future reference. The fee for examination of reports shall be $10.00 per report. However, reports requiring extensive review of technical information by licensed professionals within the department of buildings shall be examined for a fee of $200.00. All reports shall identify any persons or entities involved in the preparation of completion of the examination and report under both the critical examination program and the ongoing inspection and repair program. All reports shall also include as exhibits or attachments any and all documents, notes, summaries, memoranda, letters or ancillary reports submitted by the professional to the owner of buildings subject to these requirements

(Added Coun. J. 1-1-96, p. 14639; Amend. 8-30-00, p. 39656)

13-196-038  Fines and penalties.

Any violation of or interference with the enforcement of any provision of Section 13-196-031 through and including Section 13-196-037, and of Sections 13-196-204 through and including 13-196-209, shall be punishable by a fine of not less than $500.00 and not more than $1,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense for which a fine as herein provided shall be imposed.

(Added Coun. J. 7-31-02, p. 91358, § 1; Amend Coun. J. 12-15-04, p. 39962, § 10)

13-196-032  Maintenance of exterior walls and enclosures – Application.

Exterior walls and enclosures and parts thereof of buildings that are 80 feet or more in height above grade, shall comply with Sections 13-196-033 to 13-196-036.

13-196-033  Maintenance of exterior walls and enclosures – Maintenance and reporting required.

It shall be the owner / agent’s duty to maintain the building’s exterior walls and enclosures in a safe condition and to provide periodic reports to the commissioner of buildings. In furtherance of that requirement:

(a)     The owner / agent shall: (1) arrange for periodic critical examinations at four year intervals or at longer intervals otherwise established by the commissioner and (2) establish an ongoing inspection and repair program at two year intervals during the intervening years.

(b)     The owner / agent of buildings constructed substantially of brick, shall: (1) arrange for periodic critical examinations at four year intervals, or at longer intervals otherwise established by the commissioner, of the ornamental pieces and the parapet wall; (2) arrange for critical examinations at four year intervals, or at longer intervals otherwise established by the commissioner, of the lentils, which may be satisfied by scaffolding utilizing one drop per elevation; and (3) establish an ongoing inspection and repair program at two year intervals for the remainder of the exterior walls and enclosures of the building during the intervening years.

When the report indicates that repair or remedial work is necessary, the report shall include a proposed schedule for completion of such work.

13-196-034  Maintenance of exterior walls and enclosures – Critical examination program.

(a)     The initial critical examination shall be submitted for all buildings constructed prior to January 1, 1950, by November 1, 2003, and on all buildings constructed on or after January 1, 1950 by December 31, 2004.

(b)     Following the initial critical examination, the exterior walls and enclosures and parts thereof on all buildings shall be subsequently critically examined and a report submitted at least once every four years no later than November 1 of the fourth year following the previous examination unless otherwise extended by the commissioner of buildings pursuant to Section 13-196-033 of this code.

(c)     The critical examination shall include a review of all previous reports.

(d)     The professional shall prepare a report in writing on the critical examination, describing the condition of the exterior walls and enclosures on the building and including a record of the components and cladding including, without limitation, any broken glass and loose or missing glazing components; loose masonry, concrete, EIFS, metal, stone or terra cotta; and all significant deterioration and displacement observed. Additionally, the report shall indicate any imminently dangerous conditions. If any remedial work is recommended the report shall indicate the nature and urgency of such work.

13-196-035  Maintenance and reporting required.

It shall be the owner / agent’s duty to maintain the building’s exterior walls and enclosures in a safe condition and provide periodic reports to the commissioner of buildings. In furtherance of that requirement, the owner / agent shall: 1) arrange for periodic critical examinations at four intervals and 2) establish an ongoing inspection and repair program at two year intervals for each of the intervening years. When the report indicates that repair or remedial work is necessary, the report shall include a proposed schedule for completion of such work. Provided, however, that the due date for the next critical examination may be extended by the commissioner of buildings for a period not longer than three years based upon the extent and durability of such repairs.

13-196-036  Maintenance of exterior walls and enclosures – Unsafe exterior walls and enclosures.

(a)     Every exterior wall and enclosure and parts thereof found to be in a unsafe condition shall be subject to notice by the commissioner of buildings to the owner / agent to take appropriate precautionary measures and effect such repairs or reinforcements in a timely manner as will bring the building exterior walls and enclosures and parts thereof into a safe condition. The owner / agent of any building which constitutes an imminent danger and hazard to the public shall take immediate action to have a critical examination performed upon such building and provide the ensuing report to the department of buildings. Additionally, the owner / agent shall promptly begin and complete the removal, reinforcement and / or permanent repairs necessary to make the premises conform to the building provisions of this code, and provide structurally safe conditions. Any costs incurred by any department of the city in taking emergency actions due to the dangerous and hazardous condition of an unsafe exterior wall, including, but not limited to: closure of vehicular traffic in a public street, rerouting of pedestrian traffic on a public sidewalk; erection or installation of partitions, canopies, sidewalk sheds, barricades, scaffolding or netting, shall be a debt due and owing to the city and recoverable from the owner / agent of such building.

13-196-037  Ongoing inspection and repair program.

(a)     The ongoing inspection and repair program shall provide inspection, reporting and preventive maintenance of the exterior walls and enclosures and parts thereof.

(b)     No later than November 1 of every other calendar year, the professional employed by owner / agent shall prepare a report in writing of the ongoing inspection and repair program, describing the condition of the exterior walls and enclosures and parts thereof on the building and on any inspections, surveys or repair work performed or to be performed on the exterior walls and enclosures.

13-196-038  Fines and penalties

Any violation of or interference with the enforcement of any provisions of Section 13-196-031 through and including Section 13-196-037 shall be punishable by fine of not less than $500.00 and not more than $1,000.00. Each day that such violation shall continue shall constitute a separate and distinct offense for which a fine as herein provided shall be imposed.

13-196-038.5  Rules and regulations.

The commissioner of buildings may issue rules and regulations for the administration and enforcement of the minimum requirements for maintenance of exterior walls and enclosures. Any person violating such rules and regulations shall be subject to the fines prescribed in Section 12-196-039.

(Added Coun. J. 8-30-00, p. 39656)

13-196-040  Floor loading.

Every existing building shall be so constructed and maintained as to support safely the loads prescribed in Chapter 13-52 of this Code, except that in building of mercantile, industrial or storage occupancies the department of construction and permits and fire commissioner may permit occupancy of buildings having lower load-bearing capacity, when satisfied that such capacity will not be exceeded by the specific occupant. Such approved floor loads shall be posted as required in Section 13-52-190.

In buildings where the safe load-bearing capacity is in doubt, owing to deterioration of materials or other reasons, the building commissioner and fire commissioner shall require load tests to determine the safe bearing capacity. Such load tests shall comply with the requirements of Section 13-120-110.

(Prior code § 78-4; Amend Coun. J. 9-13-89, p. 4604; Amend Coun. J. 6-14-95, p. 2841; Amend Coun. J. 3-5-03, p. 104990, § 39)

13-196-050  Exit requirements.

Existing buildings shall comply with all applicable exit requirements of this Code and with the special provisions of Sections 13-196-060 to 13-196-090, inclusive.

(Prior code § 78-5)

13-196-060  Exits – Generally.

In existing buildings where exits do not comply with the requirements of Chapter 13-160 and in which hazardous conditions exist because of the number, width, construction or location of exits, the building commissioner and fire commissioner may order additional exits to assure adequate safety of the occupants. Every existing building shall have not less than the minimum number of required exits, as prescribed in Section 13-160-050.

(Prior code § 78-6; Amend Coun. J. 9-13-89, p. 4604)

13-196-070  Exits – Types.

In pre-ordinance buildings (built before July 7, 1957), the building commissioner and fire commissioner may approve the following types of exits in lieu of the required means of vertical exit prescribed in Section 13-160-030.

(a)     Fire escape stairways complying with the requirements of Section 13-160-630 may be used in lieu of not more than 50 percent of required stairs.

(b)     A balcony, having an area of not less than 18 square feet and provided with a ladder of noncombustible materials extending to the ground, may be used in lieu of one of two required stairways for a dwelling unit having a floor level not more than 15 feet above grade.

(Prior code § 78-7; Amend Coun. J. 9-13-89, p. 4604)

13-196-080  Passageways and exits to be unobstructed.

Every hallway, corridor, stairway, exit, fire escape door, and other means of egress, shall be kept clear and unencumbered at all times; and every exit area shall be adequately lighted by electricity, in accordance with Sections 13-160-660 and 13-160-670 of this Code.

(Prior code § 78-8)

13-196-084  Stairwell re-entry in existing buildings.

(a)     In buildings not required to comply with Chapter 13-76, every stairwell enclosure that serves more than four stories shall comply with one of the following requirements, as a minimum standard:

Option 1. The stairwell enclosure doors shall not be locked from the stairwell side at any time, in order to provide re-entry from the stair enclosure to the interior of the building; or

Option 2. The stairwell enclosure doors shall be equipped with a fail-safe electronic lock release system that is activated both manually, by a single switch accessible to building management and firefighting personnel, and automatically, either by approved smoke detectors or sprinkler waterflow devices, connected to an annunciator panel. If this option is selected, a telephone or other two-way communications system connected to an approved station shall be provided at not less than every fifth floor in each stairway where the doors to the stairway are locked, no later than January 1, 2005.

During the time necessary to install a lock release system under this Option 2, but in no event beyond December 31, 2004, the transitional measures listed as (A) through (E) below may be used. Doors on stair enclosures may be equipped with hardware that prevents re-entry into the interior of the building, provided that all of the following criteria are met:

(A)     there shall be not less than two levels where doors leading to the building interior are permanently unlocked, permitting access to another exit stair; and

(B)     there shall be not more than four stories intervening between stairwell enclosure doors that provide access to another exit stair; and

(C)     re-entry to the building interior shall be possible at all times on the highest story or the second highest story, whichever allows access to another exit stair; and

(D)     doors allowing re-entry shall be identified as such on the stair side of the door; and

(E)     doors not allowing re-entry shall be provided with a sign on the stair side indicating the location of the nearest door, in each direction of travel, that allows re-entry or exit.

(b)     Regardless of which option is selected under subsection (a) of this section, stairwell enclosure doors at the main egress level of the building shall remain unlocked from the stairwell enclosure side at all times.

(c)     Every building of more than four stories, and having a height in excess of 80 feet above grade, shall comply with subsection (a) of this section upon this section’s taking effect. Every building of more than four stories, and having a height not exceeding 80 feet above grade, shall comply with subsection (a) of this section no later than January 1, 2005.

(d)     No later than May 1, 2004, the executive director of the department of construction and permits and the fire commissioner shall issue guidelines for the approval of stations in buildings where Option 2 described in subsection (a) has been selected.

(e)     Nothing in this section applies to any stairwell enclosure door which opens directly into a dwelling unit, provided the dwelling unit door has a self-closer, a latch, and no self-locking hardware. Where all doors in the stairwell meet these criteria, the stairwell shall be provided with either a two-way communication system as required by Option 2 above, or the stairwell shall be provided with readily operable windows that are operable according to ANSI A117.1-1998, Section 309 Operable Parts, on each landing or intermediate landing, no later than January 1, 2005.

(Added Coun. J. 11-19-03, p. 14365, § 1; Amend Coun. J. 12-17-03, p. 15806, § 1)

13-196-085  Stairwell identification.

Within every building which exceeds three stories in height there shall be posted and maintained, within every interior stairwell enclosure at every floor, adjacent to the stairwell door, alphabetical or directional letter identification for the stairwell and the number of the floor to which the door opens. Lettering shall be permanent, a minimum of six inches in height and comply with A.D.A.A.G. (Americans with Disabilities Act Accessibility Guidelines) 4.30.1 General, 4.30.4 Raised and Braille Characters and Pictorial Symbol Signs, 4.30.5 Finish and Contrast, and 4.30.6 Mounting Location and Height.

Adjacent to every stairwell door there shall be posted, on the occupancy side, information showing which floors have re-entry locations. Lettering shall be permanent and comply with A.D.A.A.G. 4.30.1 General, 4.30.4 Raised and Braille Characters and Pictorial Symbol Signs, 4.30.5 Finish and Contrast, and 4.30.6 Mounting Location and Height.

(Added Coun. J. 10-31-01, p. 71183, § 3; Amend Coun. J. 5-1-02, p. 84027, § 2)

13-196-086  Area of rescue assistance identification.

Each area of rescue assistance shall be identified by a sign which states “area of rescue assistance” and displays the international symbol of accessibility. Lettering shall be permanent and comply with A.D.A.A.G. 4.30 (Americans with Disabilities Act Accessibility Guidelines).

(Added Coun. J. 10-31-01, p. 71183, § 3; Amend Coun. J. 5-1-02, p. 84027, § 1)

13-196-090  Exit, stairway, fire escape and directional signs.

Exit, stairway, fire escape and directional signs shall be properly installed and maintained, in accordance with Sections 13-160-700 to 13-160-750 of this Code.

(Prior code § 78-9)

13-196-100  Smoke detectors – Where required.

All existing dwelling units as defined in Sections 13-56-020 through 13-56-040, inclusive shall be equipped with approved smoke detectors in accordance with the provisions of Chapter 13-196, Sections 13-196-110 through and including 13-196-160.

(Prior code § 78-10; Amend Coun. J. 4-15-84, p. 6189; Amend Coun. J. 6-14-95, p. 2841)

13-196-110  Smoke detectors – Installation near sleeping rooms and in living levels.

Every owner, manager or agent of any building, as described in Section 13-196-100, shall install, in every dwelling unit, not less than one approved smoke detector on the uppermost ceiling, not less than four inches from any wall, or on a wall, located from 12 inches from the ceiling, and within 15 feet of all rooms used for sleeping purposes, with not less than one detector per living level containing a habitable room or unenclosed heating plant.

(Prior code § 78-11; Amend Coun. J. 4-25-84, p. 6189; Amend Coun. J. 9-8-86, p. 33588)

13-196-120  Smoke detectors – Interior stairwell installation.

Every owner, manager or agent of any building of Type II, III or IV construction as described in Section 13-196-100, shall install not less than one approved smoke detector on the uppermost ceiling, not less than four inches from any wall, or on a wall, located from four to 12 inches from the uppermost ceiling of all interior stairwells.

(Prior code § 78-12; Amend Coun. J. 9-8-86, p. 33588)

13-196-130  Smoke detectors – Standards.

All approved single station smoke detectors required in this chapter shall be the ionization or photoelectric type, either battery powered or 110 volt AC and shall comply with Title 14 of the municipal code of Chicago. Smoke detectors shall bear the label of a nationally recognized standards testing laboratory that indicates that the smoke detectors have been tested and listed as single or single and multiple station smoke detectors.

In buildings required to have a standard fire alarm system as specified in Chapter 13-196 and hotel buildings of Type II, III or IV construction complying with Section 13-196-210 smoke detectors in dwelling units shall be of the type tested and listed for fire protection signaling systems and shall have an integral audible device.

(Prior code § 78-13; Amend Coun. J. 4-25-84, p. 6189; Amend Coun. J. 9-8-86, p. 33588)

13-196-140  Smoke detectors – Owner/tenant responsibilities.

The owner shall be responsible for testing and maintaining detectors in common stairwells. It shall be the responsibility of the tenant to provide and maintain functional batteries for each detector; test and maintain detectors within dwelling units and to notify the owner or authorized agent in writing of any deficiencies. The owner shall be responsible for providing each tenant with written information regarding detector testing and maintenance.

(Prior code § 78-14; Amend Coun. J. 4-25-84, p. 6189)

13-196-150  Smoke detectors – Unlawful acts.

It shall be unlawful for any person to remove batteries or in any way make inoperable smoke detectors as provided for in this chapter.

(Prior code § 78-15)

13-196-160  Smoke detectors – Multifamily and single-family installation – When.

Smoke detectors required by this law shall be installed within three months in all multiple dwellings as defined in Section 13-56-040. Smoke detectors required in single-family dwellings as defined in Section 13-56-030 shall be installed within six months from the date of passage of this ordinance.

(Prior code § 78-15.1; Added Coun. J. 4-25-84, p. 6189; Amend Coun. J. 6-14-95, p. 2841)

13-196-165  Carbon monoxide detectors.

All existing buildings shall comply with all applicable requirements in Chapters 13-64 and 18-28 of this Code for the installation and maintenance of carbon monoxide detectors.

(Added Coun. J. 3-14-07, p. 99609, § 2)

13-196-170  Self-closing devices required for corridor doors.

In residential buildings exceeding four stories in height, all apartment doors opening upon public corridors shall be equipped with approved self-closing devices. In all new and existing single-room occupancy buildings, irrespective of height, all dwelling unit doors opening to public corridors shall be equipped with approved self-closing devices.

(Prior code § 78-16; Amend Coun. J. 5-4-94, p. 49750)

13-196-180  Sprinkler systems – Where required.

The following existing buildings or structures, or parts thereof, are to be equipped with sprinkler systems complying with the requirements of Chapter 15-16:

(a)     Every building of construction Type III or IV and of two stories or more in height, used in part or in whole as a Type I school, hospital, infirmary, nursery, orphanage, sheltered-care home, sanitoria or home for the aged or used in whole as a Type II school;

(b)     Every building used in whole or in part as a men’s cubicle hotel which does not comply with Section 13-64-020(a) of this Code;

(c)     Every building used primarily as an exhibition area or in that portion of any building used as an exhibition area;

(d)     Every building used in whole or in part as a nursing home, as defined, in Chapter 4-96 of this Code;

(e)     Areas used for storage of combustible containers in new and existing buildings, with exhibition areas, shall be enclosed with a two-hour fire resistive construction, and shall be equipped with a standard sprinkler system, as defined in Chapter 15-16 of this Code.

(Prior code § 78-17)

13-196-190  Standpipe systems – Where required.

Standard inside standpipe systems, complying with the requirements of Chapter 15-16, shall be provided in all buildings exceeding 80 feet in height with the following exceptions:

(a)     Institutional Units. In institutional units, standpipes shall be provided in all buildings more than four stories or 55 feet in height.

(b)     Stage Blocks. In stage blocks, standpipes shall be provided on each side of the stage, on each tier of dressing rooms, and within 55 feet of all property rooms, store rooms or work rooms.

(c)     Storage Structures. Standpipes shall not be required in grain elevators or similar storage structures, where such standpipes are ineffective owing to the type of structure and inaccessibility of hose connections.

For the purpose of determining standpipe requirements, the height of a building shall be determined in accordance with the provisions of Section 13-48-020. Towers, steeples, tanks and similar structures not intended or used for human occupancy shall not be considered in determining the height.

(d)     This section shall not apply to a building used as a business unit or storage unit, in existence prior to January 20, 1950, which is equipped throughout with an approved system of automatic sprinklers or is a fire resistive building of Type IA, IB or IC construction, provided that a standpipe system complying with Section 15-16-1190 is also provided in the building.

(e)     In exhibition areas standpipes shall be provided regardless of the height of the building and standpipe locations shall provide complete coverage of the fire area with 100 foot hose lengths and 30 foot hose streams.

(Prior code § 78-18)

13-196-200  Standard fire alarm system requirements.

An approved fire alarm system shall be provided as required in this section.

(a)     A standard fire alarm system meeting the requirements of this chapter and Chapter 15-16 of this Code shall be provided in the following occupancies:

(1)     Institutional: Buildings two stories or less in height with a floor area which does not exceed 8,000 square feet shall be equipped with a Class I system. Buildings over two stories in height or with a floor area exceeding 8,000 square feet shall be equipped with a Class II system;

(2)     Type I or Type II schools: Buildings over one story in height shall be equipped with a Class I system;

Any Type I school operating as or containing a day care center Class I, as defined in Chapter 4-72, shall comply with fire alarm system requirements applicable to Type III schools;

(3)     Type III schools: Class I system;

(4)     Hotels: Buildings of Types II, III or IV construction 80 feet or less in height shall be equipped with a Class I system except where 25 or fewer persons sleep above the second floor;

(5)     Single-room occupancy buildings: new and existing single-room occupancy buildings two stories or more in height, which are not equipped with a complete automatic sprinkler system, shall be equipped with a Class I fire alarm. The approved standard Class I control equipment may use microprocessor based program-controlled communication circuits when the control equipment is of a type tested and conforming to Underwriters Laboratories standard 864-1991 for the intended use. The stored program (software) installed figuration for such systems shall be incapable of change, except that a manufacturer’s authorized technician may make changes for proper system operation when such changes are approved by the deputy commissioner of the fire prevention bureau. Any changes, repairs or maintenance on such systems shall be performed only by or under the direction of a licensed supervising electrician.

(6)     Dormitories: Buildings two stories or more in height; except those where 25 or fewer persons sleep above the second floor, shall be equipped with a Class I system;

(7)     Intermediate care facilities for the developmentally disabled – 15 or fewer persons, same as institutional uses.

(b)     Hotels: Buildings of Type 1 construction over four stories but not over 80 feet in height shall be equipped with an approved fire alarm system including smoke detectors, heat detectors and water flow alarm devices installed in accordance with NFPA 72A-1985 and annunciated visually and audibly for each individual floor at a fire panel located near a main entrance to the building. A one-way voice communication system controlled from the fire panel location and meeting the requirements of Section 13-196-210(e)(2) of this Code shall be provided. Use of the one-way voice communication system in a fire emergency by other than department of fire personnel shall be prohibited.

(1)     The fire alarm system shall be zoned horizontally based on the system design, but in no case shall there be less than one zone per floor.

(2)     The fire alarm system shall be monitored by an Underwriters Laboratories Inc. listed Central Station service or shall be a Proprietary Protective Signalling System (installed in accordance with National Fire Protection Association Standard NFPA 72D-1986).

(3)     A fire panel consisting of fire alarm controls, annunciator panel, and one-way voice communications system controls shall be provided in a location approved by the bureau of fire prevention. Fire panels installed prior to the passage of this ordinance located on grade level in a readily accessible location shall be accepted.

(4)     Plans for all systems to be installed shall be submitted to the bureau of fire prevention for approval and systems used shall meet the approval of the fire prevention bureau.

(c)     Notwithstanding any other provision of this Code to the contrary, the revisions to the requirements of this chapter and Chapter 15-16 contained in this amendatory ordinance shall apply to schools and day care centers in existence on the effective date of this amendatory ordinance beginning July 1, 1991.

(d)     The requirements of subsection (a)(5) of this section shall be enforced against all single-room occupancy buildings effective June 30, 1995. All existing single-room occupancy buildings which will require installation of a Class I alarm system shall submit plans to the fire prevention bureau for approval of such system on or before January 1, 1995.

(Prior code § 78-19; Amend Coun. J. 9-8-86, p. 33588; Amend Coun. J. 6-27-90, p. 17613; Amend Coun. J. 5-4-94, p. 49750)

13-196-203  Life safety data sheet – Required.

(A)     No later than April 1, 2005, any owner of an existing building exceeding 80 feet in height above grade shall file with the fire department a life safety data sheet containing the following information about the building; (1) the name of the building owner of record, and, if applicable, the building manager; (2) the address of the building; (3) whether the building is residential or commercial or of mixed use; (4) if the building is residential or of mixed use, the number of dwelling units in the building; (5) the number of stories in the building; (6) whether the building is equipped with an automatic sprinkler system meeting any or all of the requirements of Chapter 15-16 of this Code, and identifying the areas so protected; and (7) whether the building is equipped with a standard inside standpipe system, a fire pump and a smokeproof tower.

(B)     All information contained in the life safety data sheet shall be kept current. Any change in required information shall be reported by the building owner to the fire department within 14 days after the change. This subsection shall be enforceable against the building owner and against any subsequent owner.

Any person who violates the requirements of this section shall be fined not less than $200.00 nor more than $500.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.

(Added Coun. J. 12-15-04, p. 39962, § 1)

13-196-204  Voice communication systems in existing buildings.

(A)     Subject to the exceptions listed below, no later than January 1, 2012, every existing building exceeding 80 feet in height above grade shall be equipped with the following: (i) a one-way voice communication system meeting the requirements of Section 13-76-050(b); and (ii) a two-way voice communication system meeting the requirements of Section 13-76-050(a); provided, however, that a telephone or other two-way communication system connected to an approved station, and installed pursuant to and in accordance with Option 2 of Section 13-196-084(a), shall be deemed to satisfy the requirements of item (ii) of this subsection.

(B)     Neither a one-way nor a two-way voice communication system shall be required in the following buildings:

Exception Number 1: Buildings that are classified as Class A-2, Multiple Dwellings, and are for non- transient residential use and are fully protected by automatic sprinklers.

Exception Number 2: Institutional buildings and schools that have an approved standard fire alarm system as required by Section 15-16-110.

(C)     A one-way voice communication system shall not be required in the following buildings:

Exception Number 1: Non-transient residential buildings with an existing occupant notification system if a detailed description of the existing occupant notification system is submitted to and approved by the commissioner of buildings and the fire commissioner or by their designated representatives. In order to be considered for approval under this exception, and if approved under this exception, the existing occupant notification system shall meet the following criteria:

(a)     the system must be in continuous use and must be tested on a monthly basis, or the system must have electronic supervision to indicate operational deficiencies in the system including, but not limited to, shorts, grounds and breaks in the circuit wiring; and

(b)     the system must be audible throughout all required areas of the building, or must produce within all dwelling units a minimum sound level of 45 dBA within ten feet of any existing occupant notification system device; and

(c)     the system must be able to transmit voice instructions without delay; and

(d)     the system must be able to transmit voice instructions to all required areas or to all dwelling units at the same time; and

(e)     the system must be available for fire department use from a central command location; and

(f)     the system is subject to field testing; and

(g)     replacement or modification of system components to meet the above criteria is limited to 50 percent of the reproduction cost of the existing occupant notification system.

(D)     A two-way voice communication system shall not be required in the following buildings:

Exception 1: Buildings that are classified as Class A-2, Multiple Dwellings, and are for non-transient residential use if the building does not exceed 15 stories in height and contains 60 or fewer dwelling units as defined in Section 13-4-010.

(E)     For purposes of this section, “non-transient residential” means a residential use other than a hotel, motel, bed-and-breakfast establishment, dormitory, transitional shelter, emergency shelter or other temporary residential use.

(F)     This section shall be enforceable against the building owner and against any subsequent owner.

(Added Coun. J. 12-15-04, p. 39962, § 2)

13-196-205  Automatic sprinkler system installation in existing high-rise buildings.

Subject to the exceptions listed below, every existing building exceeding 80 feet in height above grade shall be protected throughout by an approved automatic sprinkler system meeting the requirements of Chapter 15-16 of this Code unless otherwise provided by Section 13-196-207. The owner of each such building shall, no later than September 1, 2005, submit for approval to the bureau of fire prevention a plan for compliance with the requirements of this section. The requirements of this section shall be enforceable against the building owner and against any subsequent owner.

Every building subject to the provisions of this section shall comply with the following schedule for installation of an approved automatic sprinkler system: one-third of the gross square footage of the building shall be equipped with automatic sprinklers by January 1, 2009; two-thirds of the gross square footage of the building shall be equipped with automatic sprinklers by January 1, 2013; and the entire gross square footage of the building shall be equipped with automatic sprinklers by January 1, 2017. Buildings subject to any of the following exceptions 3 through 7, inclusive, shall comply with the requirements of Section 13-196-206.

Exception Number 1: An open-air parking facility meeting the requirements of Section 13-96-920 of this Code.

Exception Number 2: The open-air portions of a stadium.

Exception Number 3: A building that is classified as a Class A-2, Multiple Dwelling, and that is a non- transient residential use. This exception includes (a) all approved auxiliary use areas of the building other than parking garages; and (b) any parking garage in the building that is used exclusively by the building’s non- transient residential occupants and their guests or by persons who, pursuant to a written lease agreement, rent space in the building’s parking garage for use by a designated motor vehicle in time increments of at least one month in duration.

Exception Number 4: The following portions of a building classified as a mixed occupancy building:

(A)     any portion of a mixed occupancy building that is classified as a Class A-2, non-transient residential use;

(B)     any approved auxiliary use area wholly contained within a Class A-2, non-transient residential use portion of a mixed occupancy building;

(C)     any parking garage in a mixed occupancy building that is used exclusively by the building’s non- transient residential occupants and their guests or by persons who, pursuant to a written lease agreement, rent space in the building’s parking garage for use by a designated motor vehicle in time increments of at least one month in duration;

(D)     any portion of a mixed occupancy building, other than those portions of the building classified as a Class A-2, non-transient residential use, if all of the following criteria are met:

(1)     the cumulative total of the building’s floor areas not classified as a Class A-2, non-transient residential use does not exceed ten percent of the total floor area of the building. The floor areas of parking garages used exclusively by the building’s non-transient residential occupants and their guests shall be excluded from the calculation of the building’s total floor areas not classified as a Class A-2, non-transient residential use and from the calculation of the total floor area of the building; and

(2)     occupancy separations are provided in accordance with Table 13-56-280 as set out in Section 13-56-280 of this Code; and

(3)     the mixed occupancy building must be either of Type I, fire-resistive construction or of Type II, non-combustible construction; and

(4)     all of the exempted areas within the mixed occupancy building, other than those portions of the building classified as a Class A-2, non-transient residential use, are located in the building at a floor level elevation that does not exceed 80 feet in height above average grade.

Exception Number 5: A building designated as a Chicago Landmark pursuant to Article XVII of Chapter 2-120 of this Code unless the landmarked building is required to be equipped with an automatic sprinkler system by other provisions of this Code.

Exception Number 6: A building within a landmark district designated pursuant to Article XVII of Chapter 2-120 of this Code and determined to be a contributing building unless the contributing building is required to be equipped with an automatic sprinkler system by other provisions of this Code.

Exception Number 7: A building color-coded red or orange in the Chicago Historic Resources Survey, published in 1996, unless the building is required to be equipped with an automatic sprinkler system by other provisions of this Code.

For purposes of this section, “non-transient residential” means a residential use other than a hotel, motel, bed-and-breakfast establishment, dormitory, transitional shelter, emergency shelter or other temporary residential use.

(Added Coun. J. 12-15-04, p. 39962, § 3)

13-196-206  Life safety evaluation of existing high- rise buildings.

(A)     No later than January 1, 2005, the commissioner of buildings shall adopt by rule and publish criteria for life safety evaluations of all existing buildings exceeding 80 feet in height above grade that are not required by Section 13-196-205 to be protected throughout by an approved automatic sprinkler system. The criteria adopted pursuant to this subsection shall provide sufficient protection to life and safety of building occupants. The criteria shall be developed based on a review of available resources, including standardized building and safety codes and the practices of other municipalities.

(B)     The owner of any building qualifying for any exception 3 through 7, inclusive, of Section 13-196-205 shall have the building evaluated for life safety by a licensed professional engineer or by a licensed architect; provided, however, that this requirement shall not apply to any building which is protected throughout by a previously approved automatic sprinkler system. The licensed engineer or architect shall prepare a life safety evaluation of the building in accordance with the requirements of this section and with any rules and regulations promulgated thereunder. The life safety evaluation shall be signed and sealed by the person who prepared it and shall contain an explicit statement acknowledging that the information contained therein is true and complete.

(C)     If, based on the use of a scoring system described by rule to conduct the life safety evaluation, the licensed professional engineer or licensed architect determines that the building achieves the minimum score required on the life safety evaluation, the licensed engineer or architect shall certify the evaluation as a life safety compliance plan and shall give the life safety compliance plan to the building owner. No later than January 1, 2006, the building owner shall submit the life safety compliance plan to the department of buildings and the bureau of fire prevention. The life safety compliance plan shall be enforceable against the building owner and against any subsequent owner.

(D)     If, based on the use of a scoring system described by rule to conduct the life safety evaluation, the licensed professional engineer or licensed architect determines that the building does not achieve the minimum score required on the life safety evaluation, the building owner shall, no later than January 1, 2006, submit the life safety evaluation to the department of buildings and the bureau of fire prevention along with either: (1) a proposal to protect the building throughout with an automatic sprinkler system meeting the requirements of Chapter 15-16 of this Code unless otherwise provided by Section 13-196-207, notwithstanding any exceptions for which the building may have otherwise qualified pursuant to Section 13-196-205, and using the schedule for installation described in Section 13-196-205; or (2) a proposal for achieving the minimum score required on the life safety evaluation by making specified modifications to the building.

Any proposal submitted pursuant to this subsection shall be signed and sealed by a licensed professional engineer or by a licensed architect. In addition, any proposal submitted pursuant to item (2) of this subsection shall contain (i) an explicit statement by the licensed engineer or architect certifying that if the modifications identified in the proposal are fully implemented, the building will receive the minimum score required on the life safety evaluation; and (ii) a timetable for completion of those modifications to be phased in over a stipulated period of years, but no later than January 1, 2012, at which time the modifications identified in the proposal shall be fully implemented. Any schedule for installation or timetable required by this subsection shall be enforceable against the building owner and against any subsequent owner.

If, after reviewing the certified proposal, the commissioner of buildings and the deputy commissioner of the bureau of fire prevention determine that the certified proposal, when fully implemented, will enable the building to achieve the minimum score required on the life safety evaluation, the commissioner and deputy commissioner shall jointly accept the certified proposal as a life safety compliance plan. The life safety compliance plan shall be enforceable against the building owner and against any subsequent owner.

(E)     No permit shall be issued for work on any existing building that is the subject of a life safety compliance plan unless the licensed architect or licensed engineer of record identified in the permit application certifies in writing that the permitted work will not reduce or otherwise negatively impact the score of the life safety evaluation on which the life safety compliance plan is based; nor shall any permit be issued for work on a building whose owner is in violation of any of the requirements of this section unless the permit is necessary to cure the violation.

(F)     Nothing in this section shall be construed to waive any provision of the Municipal Code of Chicago applicable to existing buildings or to relieve any person from full compliance with those provisions.

(Added Coun. J. 12-15-04, p. 39962, § 4)

13-196-207  Materials and installation standards for retrofit fire protection systems.

In every existing high-rise building subject to the requirements of Sections 13-196-204, 13-196-205 or 13-196-206 of this Code, the following materials and installation standards shall apply to newly installed fire protection systems:

(A)     An existing water supply that serves an existing fire department wet standpipe system may also serve as the water supply for retrofit sprinkler systems, provided the water supply meets, non-simultaneously, the larger of either the standpipe demand at the time of the original installation, or the new sprinkler system demand including hose stream allowance.

(B)     Notwithstanding the requirements of Sections 18-28-602.2.1 and 15-16-370, sprinkler piping and sprinklers shall meet or exceed the requirements of NFPA 13-2002 and their respective product listings issued by an approved independent laboratory or agency.

(C)     Automatic sprinkler systems shall meet or exceed the requirements of NFPA 13-2002 except that at least one sprinkler shall be provided within the stairway enclosure at the landing serving the door(s) to each floor.

(D)     If repairs or minor modifications are made to existing dry-pipe sprinkler systems, the zoning of the system may remain as originally installed.

(E)     Low-voltage electrical wiring risers for fire detection and fire alarm notification systems may be installed in stairways, notwithstanding the requirements of Section 15-8-180, if the wiring is in conduit and does not obstruct the required egress width of a stairwell.

(F)     Low-voltage electrical branch wiring in horizontal runs for voice communication systems may be installed without conduit, unless required by other sections of this Code, if the wiring (i) is limited combustible FHC 25/50 CMP; and (ii) has a maximum Class 1 flame spread rating as defined in Section 15-12-040; and (iii) has a smoke developed rating not to exceed 50 when tested in accordance with ASTM-E 84.

(G)     Low-voltage electrical wiring for fire detection systems may be run in the same conduit as low-voltage electrical wiring for fire alarm notification systems, as permitted by NFPA 72-2002 and the product listings of the wire and the conduit issued by an approved independent laboratory or agency.

(H)     Low-voltage fire detection equipment panels and low-voltage fire alarm notification equipment panels may be installed in the same panel box, as permitted by NFPA 72-2002 and the product’s listing issued by an approved independent laboratory or agency.

(I)     Central station monitoring of fire alarm systems may use digital alarm communicators with constant supervision, as permitted by NFPA 72-2002.

(Added Coun. J. 12-15-04, p. 39962, § 5)

13-196-208  Smokeproof towers in existing high- rise buildings – Fire shields.

If fire shields in smokeproof towers are provided to protect openings of balconies or vestibules in existing buildings exceeding 80 feet in height above grade, such fire shields shall comply with the requirements of this section.

(A)     Fire shields shall comply with all applicable requirements for fire windows as provided in Section 15-12-160.

(B)     Fire shields shall have an opening sash having a clear area not less than as required in Section 13-160-380(c), arranged to open automatically in case of fire to the full limit and to be held securely in such open position. Provision shall be made for the manual opening or closing of the sash.

(C)     The automatic opening of the sash shall be actuated by approved devices located inside the building within five feet of the door from the building to the vestibule or balcony and located also on the ceiling of the vestibule or balcony. Such devices shall be designed to operate as a result of rate of temperature rise or when the surrounding air reaches a temperature of 120 degrees Fahrenheit.

(D)     Each fire shield sash shall be tested annually to verify automatic operation as required in subsection (c) of this section. Testing shall be performed by an individual or organization approved by the deputy commissioner in charge of the bureau of fire prevention. Reports of the testing shall be filed with the bureau by June 30 of each year.

(Added Coun. J. 12-15-04, p. 39962, § 6)

13-196-209  High-rise buildings – Stairways – Doors – Frames.

No later than January 1, 2012, doors and frames in stairways in all existing residential buildings and buildings of mixed residential occupancy exceeding 80 feet in height above grade shall have a fire resistance rating of at least one hour.

(Added Coun. J. 12-15-04, p. 39962, § 7)

13-196-210  High rise fire systems.

Any existing or preordinance building exceeding 80 feet in height designed or used in whole or in part as a hotel shall be equipped with a high rise fire system as required in this section.

(a)     In buildings equipped with an approved system of automatic sprinklers, an approved fire alarm system including all water flow alarm devices shall be required. Sprinklers may be omitted in guest room closets not over 24 square feet in area. Other areas not sprinkled, because of unreasonable hardship or as permitted by Section 15-16-350 of this Code, shall be protected by approved smoke detectors or other fire detection measures approved by the bureau of fire prevention. Detectors shall not be required in guest room bathrooms. No automatic smoke detector shall be required in guest room corridors nor elevator lobbies of existing buildings having automatic sprinkler systems installed prior to the passage of this ordinance on guest room floors except that sprinklers may be omitted in guest room bathrooms over 55 square feet in area with noncombustible plumbing fixtures and with walls and ceilings surfaced with noncombustible materials.

(b)     In buildings not equipped with an approved system of automatic sprinklers an approved fire alarm system, including smoke detectors, heat detectors and water flow alarm devices, shall be required. System devices shall be installed as follows:

(1)     As required by Section 13-196-240 of this Code;

(2)     Heat detectors shall be installed in restaurants, meeting rooms and lounges.

(c)     The fire alarm system shall be zoned horizontally based on the system design, but in no case shall there be less than one zone per floor.

(d)     The fire alarm system shall be a Proprietary Protective Signalling System installed in accordance with National Fire Protection Association Standard NFPA 72D-1986 or shall be monitored by an Underwriters Laboratories Inc. listed Central Station service.

(e)     There shall be two voice communication systems as follows:

(1)     A two-way fire department communications system providing emergency two-way stations in each required stairwell at not less than every fifth floor and at the fire panel. The system shall be zoned not less than one zone per stairwell. Systems installed prior to the passage of this ordinance using phone jacks zoned by stairwell shall be accepted in lieu of two-way stations.

(2)     A selecting one-way communication system with speakers in passenger elevators, in elevator lobbies, in stairwells at not less than every fifth floor, and in corridors at intervals not exceeding 75 feet. Use of the one-way voice communication system in a fire emergency by other than department of fire personnel shall be prohibited. Zoning of speakers shall be as follows: passenger elevators zoned by elevator lobby; elevator lobbies and corridors zoned horizontally based on the system design, but in no case less than one zone per floor; stairwells zoned vertically by stairwell. Approved elevator speaker intercom systems installed prior to the passage of the ordinance shall be accepted for communication to elevators as long as the systems are maintained in good working order.

The two-way fire department communication system may be combined with the one-way system.

(f)     A fire panel consisting of fire alarm controls, annunciator panel, and one- and two-way voice communications system controls shall be provided in a location approved by the bureau of fire prevention. Fire panels and controls installed prior to the passage of this ordinance located on grade level in a readily accessible location shall be accepted.

(g)     Plans for systems to be installed shall be submitted to the bureau of fire prevention for approval and systems used shall meet the approval of the fire prevention bureau.

(h)     In buildings of Type II, III or IV construction, an automatic central alarm shall be installed and be audible throughout the corridors of the building and shall be activated by the sprinkler flow alarm and smoke detectors.

(Prior code § 78-19.1; Added Coun. J. 9-8-86, p. 33588)

13-196-220  Class II standard fire alarm systems.

A Class II standard fire alarm system may be installed in lieu of a Class I standard fire alarm system in any building when, in the opinion of the division marshal in charge of the bureau of fire prevention, the number of people involved and the physical construction of such building makes a Class II standard fire alarm system acceptable. Class II standard fire alarm system shall comply with the provisions of Chapter 15-16.

(Prior code § 78-20)

13-196-230  Floor area and height.

In every building described in Section 13-196-200, as requiring a standard fire alarm system, the area of such building shall be the total area of the building and the height shall be the total height of such building including the space used for occupancies other than for institutional, school, hotel, or single-room occupancies.

(Prior code § 78-21; Amend Coun. J. 5-4-94, p. 49750)

13-196-240  Automatic fire detectors – Where required.

In every fire alarm system required in this Code, automatic fire detectors shall be installed as an integral part of a fire alarm system in rooms or portions of the building as follows:

(a)     In all rooms where a flammable compressed gas or flammable liquid as described in Chapters 4-112* and 15-24, other than fuel oil for heating, is stored or used; also in shops and storerooms where combustible material is stored or handled.

(b)     In every building used in part as an institutional building, school, hotel, or single-room occupancy, an automatic fire detector shall be installed in such portion or portions of the building used for purposes other than institutional, school, hotel, or single-room occupancy purposes, unless such institutional building, school, hotel, or single-room occupancy is separated from all other occupancies by a separation with a fire resistive value as specified in Section 13-56-280. Such automatic fire detectors shall be installed, spaced and located in accordance with the recommendations, based upon actual tests, prescribed by a nationally recognized testing laboratory acceptable to the fire prevention bureau.

(c)     In every storeroom, maintenance shop, fan room, mechanical equipment room, laundry, linen room, janitor closet, kitchen and storage area.

(d)     Fire alarm systems serving Type III schools, day care centers Class II, and those Type I schools operating as or containing a day care center Class I as defined in Chapter 4-72 shall include automatic detectors as follows:

1.     Smoke detectors shall be installed at each floor level, including basements, of each interior stairwell up to and including one level above the level of the school or day care center, except in unoccupied attics.

2.     Smoke detectors shall be installed in front of doors to stairwells from the school or day care center and at intervals of no less than 30 feet in all corridors within or serving the school or day care center.

3.     Smoke detectors shall be located in all lounges, recreation areas and sleeping rooms.

4.     Heat detectors shall be installed in boiler rooms, kitchens and combustible storage areas except where a sprinkler system with a flow alarm connected to the fire alarm system is installed in such rooms.

(e)     In all two-story buildings occupied as open plan schools, (a story located below grade level shall be counted, if used for other than building service purposes), approved automatic fire detectors shall be installed throughout the building and be interconnected to the school fire alarm system.

(f)     In hotel buildings over four stories, electrical equipment rooms, guest room corridors and elevator lobbies shall be equipped with automatic smoke detectors installed in accordance with NFPA 72E-1984.

(g)     In single-room occupancy buildings, automatic heat detectors shall be installed in each single-room occupancy unit, in public corridors, and at each floor level in every interior stairwell. In single- room occupancy buildings, smoke detectors required by Section 13-196-100 of this Code need not be connected to the fire alarm system, but shall be permanently wired to the electrical wiring system of the building.

(Prior code § 78-22; Amend Coun. J. 9-8-86, p. 33588; Amend Coun. J. 6-27-90, p. 17613; Amend Coun. J. 5-4-94, 49750)

13-196-250  Permitted omission of sprinklers, heat and smoke detectors.

No automatic heat detector shall be required in any room or portion of a building which is equipped with an approved installation of automatic sprinklers and provided with a water flow alarm which is connected to the fire alarm system. No automatic smoke detector shall be required in guest room corridors nor elevator lobbies of hotel buildings equipped with an approved system of automatic sprinklers. Sprinklers may be omitted in guest room closets not over 24 square feet in area. Other areas not sprinklered, because of unreasonable hardship or as permitted by Section 15-16-350 of the code, shall be protected by approved smoke detectors or other fire detection measures approved by the bureau of fire prevention. Detectors shall not be required in guest room bathrooms. No automatic smoke detector shall be required in guest room corridors nor elevator to the lobbies of existing buildings having automatic sprinkler systems installed prior to the passage of this ordinance on guest room floors except that sprinkler systems installed prior to the passage of this ordinance on guest room floors except that sprinkler systems may be omitted in guest room bathrooms over 55 square feet in area with noncombustible plumbing fixtures and with walls and ceilings surfaced with noncombustible materials.

(Prior code § 78-23; Amend Coun. J. 9-8-86, p. 33588)

13-196-260  Fire extinguishers.

Standard fire extinguishers shall be provided in accordance with the provisions of Sections 15-16-620 through and including 15-16-680 of this Code.

(Prior code § 78-24)

13-196-270  Elevator recall.

All existing buildings shall comply with the requirements of Section 18-30-2600.

(Added Coun. J. 6-14-95, p. 2820; Amend Coun. J. 1-10-01, p. 50236, § 2)

13-196-280  Reserved.

13-196-290  Pre-ordinance hotels.

Every pre-ordinance hotel (built before July 7, 1957) more than two stories and basement in height, having sleeping accommodations for more than 25 persons above the second story, and every pre-ordinance hotel of any capacity more than four stories and basement in height, shall comply with the requirements of Section 15-8-120 pertaining to the protection of stairs, shafts and vertical openings, except as follows:

(a)     Enclosing walls and partitions may be of construction providing fire resistance of not less than one hour.

(b)     Doors required for protection of openings in enclosures may be Class C fire doors of combustible material faced on both sides with materials not less fire resistive than sheet steel 18 gauge in thickness. Openings, if any, shall be glazed with wire glass and shall not exceed 144 square inches in area, except that existing openings not exceeding 1,296 square inches in area may be permitted.

(c)     Where the top or bottom riser in a stairwell is so located that the vertical enclosures therein required will not be practical to erect without unreasonable hardship, a horizontal cutoff there shall be not more than three openings to dwelling units or other nonpublic spaces on each floor, and such dwelling units or nonpublic spaces shall be separated from the corridor by partitions providing fire resistance of not less than one hour with all openings protected with self-closing Class C fire doors.

(Prior code § 78-27)

13-196-300  Institutional units.

In every pre-ordinance institutional building, every room used for the storage or application of anesthetics consisting of flammable or explosive gases or mixtures, including cyclopropane, ether chloride, ethylene, propylene, or any flammable liquids, shall have safeguards for installation and operation of such rooms and equipment as follows:

(a)     Any cylinders containing anaesthetizing gases or liquids shall be plainly marked with the name of the substance which they contain and shall comply with the requirements of the Interstate Commerce Commission for such containers. Such cylinders or containers shall not be stored in any operating room. Approved regulators or gas flow devices shall be provided for any such substances, except low pressure oxygen containers.

No such regulators or gas flow devices shall permit the intermixing of gases by any error or manipulation.

(b)     The construction and equipment of operating rooms shall comply with the applicable requirements of Section 13-80-040.

(Prior code § 78-28)

13-196-310  Roominghouses.

Every roominghouse and every rooming unit shall be in compliance with the minimum standards set forth in this chapter, except as modified in Section 13-196-320.

(Prior code § 78-29)

13-196-320  Roominghouses – Sanitary facilities.

At least one flush water closet, lavatory basin and bathtub or shower shall be supplied for each ten persons or fraction of ten within a roominghouse, including members of the family of the owner if they share the use of the facilities.

All such facilities shall be properly connected to required water and sewage systems and shall be located within the dwelling so as to be reasonably accessible from a common hall or passageway to all persons sharing such facilities, and shall not be more than one story removed from the rooming unit of any occupant intended to share the facilities. In a roominghouse in which rooms are let only to males, flush urinals may be substituted for not more than 33 and one-third percent of the required number of water closets.

In a roominghouse where both sexes are accommodated, the water closets shall be separately calculated, based on the occupancy of each sex, except where not more than two water closets are required.

(Prior code § 78-30)

13-196-330  Roominghouses – Responsibility of operator.

Every operator of a roominghouse shall be responsible for the following matters required by this chapter: extermination of insects, rodents, or other pests in it or in its yard; disposal of refuse by placing in it disposal facilities supplied by him; hanging and removing all screens required; sanitary maintenance of all walls, floors and ceilings; maintenance of a sanitary condition in every part of the roominghouse; and proper installation and repair of every facility.

(Prior code § 78-31)

13-196-340  Minimum requirements for residential buildings – General.

The provisions of these Sections 13-196-350 through and including 13-196-640 are applicable to occupancy for residential purposes of any building, whether or not such building was erected, altered or converted in full or substantial compliance with ordinances in force at the time of its erection, alteration, or conversion and whether or not such building was erected, altered or converted prior to the effective date of this Code. The requirements imposed by these sections shall be in addition to other applicable requirements for existing buildings imposed by other provisions of Chapter 13-196.

(Prior code § 78-32)

13-196-350  Residential buildings – Water closet.

Every family unit except as provided in Section 13-196-380 shall contain within its walls, a room, separate from the habitable rooms, which affords privacy to a person and is equipped with a flush water closet.

(Prior code § 78-33)

13-196-360  Residential buildings – Lavatory.

Every family unit except as provided in Section 13-196-380 shall contain within its walls a lavatory basin located in the same room as the required water closet, or as near to that room as practicable.

(Prior code § 78-34)

13-196-370  Residential buildings – Bathtub or shower.

Every family unit except as provided in Section 13-196-380 shall contain within its walls a room, separate from the habitable rooms, which affords privacy to a person in the room and which is equipped with a bathtub or shower.

(Prior code § 78-35)

13-196-380  Residential buildings – Limitations on sharing sanitary facilities.

The occupants of not more than two-family units which are located in the same dwelling, may share a single flush water closet, a single lavatory basin, a single bathtub or shower if:

(a)     The facilities to be shared are within a room or rooms on the same floor as the family units and are accessible to the occupants of each family unit without going through the family unit of another person or outside the dwelling; and

(b)     Neither of the two-family units contains more than two habitable rooms nor more than 500 square feet of floor area, excluding of the number of rooms and from floor area any kitchen of less than 70 square feet of the floor area.

(Prior code § 78-36)

13-196-390  Residential buildings – Kitchen sink.

Every family unit shall contain within its walls a kitchen sink.

(Prior code § 78-37)

13-196-400  Residential buildings – Heating facilities.

Every family unit shall have heating facilities which are capable of safely and adequately heating all habitable rooms, bathrooms and water closet compartments within its walls to a temperature of at least 65 degrees Fahrenheit, when the outside temperature is ten degrees below zero Fahrenheit. Gas appliances designed primarily for cooking or water heating purposes shall not be considered as heating facilities within the meaning of this section. Portable heating equipment employing flame and the use of gasoline as a fuel does not meet the requirements of this section and is prohibited. The owner may require that the occupant shall provide the required heating facilities at the occupant’s expense but such agreement or requirement does not relieve the owner from responsibility for the presence of such heating equipment in the family unit.

(Prior code § 78-38)

13-196-410  Residential buildings – Heat to be furnished.

Every family unit or rooming unit to which heat is furnished from a heating plant used in common for the purpose of heating the various rooms of the dwelling shall be supplied with heat from September 15th of each year to June 1st of the succeeding year so that the occupants of a family unit or rooming unit may secure, without such undue restriction of ventilation as to interfere with proper sanitary conditions, a minimum temperature of 68 degrees at 8:30 a.m. and thereafter until 10:30 p.m. and 66 degrees at 10:30 p.m. and thereafter until 8:30 a.m. averaged throughout the family unit or rooming unit.

(Prior code § 78-39; Amend Coun. J. 2-25-88, p. 10733; Amend Coun. J. 3-9-05, p. 43526)

13-196-420  Residential buildings – Cold and hot water lines.

Every kitchen sink, lavatory and bathtub or shower required shall be connected with hot and cold water lines. The hot water lines shall be connected with water heating facilities which are capable of heating water to such a temperature as to permit water to be drawn at every required outlet at a temperature of not less than 120 degrees Fahrenheit even when the heating facilities required by this Code are not in operation.

(Prior code § 78-40)

13-196-430  Residential buildings – Hot water to be furnished.

Every family unit or rooming unit to which hot water is furnished from water heating facilities used in common shall be supplied with hot water throughout the year so that the occupants may draw water at every hot water outlet between the hours of 6:00 a.m. and 10:30 p.m. of a minimum temperature of 120 degrees Fahrenheit.

(Prior code § 78-41)

13-196-440  Gas-fired appliances.

All gas-fired heating, cooking and other appliances and gas-fired water heaters, shall conform to the requirements in Sections 13-152-390* through 13-152-440* and 13-180-100* and 13-180-230* of the building provisions of this Code concerning installation, vents and flues.

(Prior code § 78-42)

13-196-450  Residential buildings – Hall and stairway lighting.

Every public hall and stairway in every dwelling having more than one family unit shall be adequately lighted at all times, except that in a two-family dwelling an adequate lighting system which may be turned on when needed by conveniently located light switches shall be permitted instead of a full-time lighting system.

(Prior code § 78-43)

13-196-460  Residential buildings – Storage beneath stairways.

There shall be no closets or storage of any kind beneath stairways in any dwelling containing two or more family units or in any roominghouse unless the stair complies with the fire resistive requirements of Sections 15-8-120 to 15-8-180 inclusive, or unless the stairs and storage space are separated by noncombustible materials having a fire rating of not less than one hour. No combustible or flammable materials, fluids, or compounds shall be placed, stored or kept in any place inside or outside of any building where the ignition or burning of such materials, fluids, or compounds would obstruct or render hazardous the egress from any family unit or from the building.

(Prior code § 78-44)

13-196-470  Residential buildings – Space, use and location – Applicability of provisions.

No person shall occupy or cause or permit the continued occupancy of any family unit which does not comply with the standards of occupancy set forth in Sections 13-196-480 through and including 13-196-520 of this chapter.

The provisions of Sections 13-196-480 through and including 13-196-520 shall not be applicable to single- family dwellings occupied only by an owner and persons within the family relationship.

(Prior code § 78-45)

13-196-480  Residential buildings – Space requirements.

Every family unit shall contain at least 125 square feet of floor area for each of the first two occupants, and at least 100 square feet of each of the next two occupants, and at least 75 square feet for each additional occupant. For the purpose of this section, floor area is the area within the perimeter of the space or building occupied by the family unit, not including elevators, stairs, or other shaft enclosures.

(Prior code § 78-46)

13-196-490  Residential buildings – Space requirements – Sleeping rooms.

In every family unit and every rooming unit, every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor area, or if of original configuration need only comply with the regulations in effect at the time of its construction. Every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor area for each occupant 12 years of age and over and at least 35 square feet of floor area for each occupant under 12 years of age. For the purpose of this section a person under two years of age shall not be counted as an occupant.

(Prior code § 78-47)

13-196-500  Residential buildings – Access to water closets.

Every room used exclusively as a bedroom shall have access to at least one water closet without passing through another room used exclusively as a bedroom.

(Prior code § 78-47)

13-196-510  Residential buildings – Ceiling heights.

At least one-half of the floor area of every habitable room shall have a ceiling height of not less than seven feet; and the floor area of that part of any room where the ceiling height is less than five feet shall not be considered as part of the floor area in computing the total floor area of the room for the purpose of determining the maximum permissible occupancy thereof. However, in any room, beams or furred spaces constituting not more than 25 percent of the ceiling area, may have a height of not less than six feet.

(Prior code § 78-49)

13-196-520  Residential buildings – Basement units.

A basement space used as a habitable room or family unit shall comply with the following:

1.     The floor depth below grade is not limited if the floors and walls are impervious to leakage of underground and surface runoff water and are protected against dampness.

2.     The required minimum window area is located entirely above the finished elevation of the ground adjoining the building wall in which the windows are located.

(Prior code § 78-50)

13-196-530  Residential buildings – Foundations, exterior walls and roofs – Maintenance.

The foundation, exterior walls, and exterior roof shall be substantially watertight and protected against rodents, and shall be kept in sound condition and repair:

(a)     The foundation elements shall adequately support the building at all points.

(b)     Every exterior wall shall be free of holes, breaks, loose or rotting boards or timbers, and any other conditions which might admit rain, or dampness to the interior portions of the walls or to the exterior spaces of the dwelling.

(c)     The roof shall be tight and have no defects which admits rain and roof drainage shall be adequate to prevent rain water from causing dampness in the walls.

(d)     The dwelling shall be in a rat-stopped condition, in accordance with Sections 7-28-660 through 7-28-730 of this Code, and shall be adequately protected against the entry of other rodents.

(e)     All cornices, rustications, quoins, moldings, belt courses, lintels, sills, oriel windows, pediments and similar projections shall be kept in good repair and free from cracks and defects which make them hazardous and dangerous.

(Prior code § 78-51)

13-196-540  Residential buildings – Floors, interior walls and ceilings – Maintenance.

Every floor, interior wall, and ceiling shall be kept in sound condition and good repair and further,

(a)     Every floor shall be free of holes and wide cracks which might admit rodents or which constitute a possible accident hazard.

(b)     Every floor shall be free of loose, warped, protruding, or rotting floor boards.

(c)     Every interior wall and ceiling shall be free of holes and large cracks.

(d)     All interior walls, ceilings and interior woodwork shall be free of flaking, peeling, chipped or loose paint, plaster or structural material.

(e)     Plaster, paint and other surface materials shall be of such character as to be easily cleanable, and are reasonably smooth, clean and tight.

(f)     Every toiletroom and bathroom floor surface shall be substantially impervious to water and be capable of being maintained easily in a clean and sanitary condition.

(Prior code § 78-52)

13-196-550  Residential buildings – Windows, doors and hatchways – Maintenance.

Every window, exterior door, and basement hatchway shall be substantially tight, and shall be kept in sound condition and repair, and

(a)     Every window shall be fully supplied with window panes which are without open cracks or holes.

(b)     Every window sash shall be in good condition and fit reasonably tight within its frame.

(c)     Every window, other than a fixed window, shall be capable of being easily opened and shall be held in position by window hardware.

(d)     Every exterior door, door hinge, and door hatch shall be in good condition.

(e)     Every exterior door, when closed, shall fit reasonably well within its frame.

(f)     Every window, door, and frame shall be constructed and maintained in such relation to the adjacent wall construction as completely to exclude rain, and substantially to exclude wind from entering the dwelling.

(g)     Every basement hatchway shall be so constructed and maintained as to prevent the entrance of rodents, rain, and surface drainage water into the dwelling.

(h)     Every door available as an exit as required by this chapter shall be capable of being opened from the inside, easily and without the use of a key.

(Prior code § 78-53)

13-196-560  Residential buildings – Screens.

Screens shall be supplied to the following extent:

(a)     Every basement or cellar window which is openable shall be supplied with a heavy wire screen or hardware cloth of not less than four mesh per inch which fits tightly and is securely fastened to the frame, or with any other material affording equivalent protection against the entry of rodents.

(b)     From April 15th to November 15th of each year, every door opening directly from any family unit to the outdoors and every window, or other outside openings used for ventilation purposes, shall be supplied with a screen of not less than 16 mesh per inch and every screen door shall have a self-closing device in good working condition. Except for existing screens, which shall not be removed without the written consent of the person entitled to possession of the unit, no screens shall be required for a family unit on a floor above the fourth floor, unless required by the department of buildings and fire department when unusual circumstances of insect prevalence exists.

(Prior code § 78-54; Amend Coun. J. 9-13-89, p. 4604; Amend Coun. J. 6-27-90, p. 17617)

13-196-570  Residential buildings – Stairways and porches – Maintenance.

Every stairway, inside or outside of the dwelling and every porch, shall be kept in safe condition and sound repair and:

(a)     Every flight of stairs and every porch floor shall be free of holes, grooves, and cracks, which are large enough to constitute possible accidents hazards.

(b)     Every stairwell and every flight of stairs, which is more than two risers high, shall have rails not less than two and one-half feet high, measured vertically from the nose of the tread to the top of the rail; and every porch which is more than two risers high shall have rails not less than three and one-half feet above the floor of the porch.

(c)     Every rail and balustrade is firmly fastened and is maintained in good condition.

(d)     No flight of stairs shall have settled more than one inch out of its intended position or have pulled away from supporting or adjacent structures.

(e)     No flight of stairs shall have rotting, loose or deteriorating supports.

(f)     The riser height and the tread width of each flight of stairs shall be uniform.

(g)     Every stair tread shall be sound and be securely fastened in a substantially level position.

(h)     Every stair tread shall be strong enough to bear a concentrated load of at least 400 pounds without danger of breaking.

(i)     Every porch shall have a sound floor.

(j)     No porch shall have rotting, loose or deteriorating supports.

(Prior code § 78-55)

13-196-580  Residential buildings – Basements and cellars – Maintenance.

Every basement and every cellar shall be maintained in a safe and sanitary condition, and:

(a)     Water shall not be permitted to accumulate or stand on the floor.

(b)     All sewer connections shall be properly trapped.

(c)     All cellar and slab drains shall be covered with grating.

(d)     Junk, rubbish, and waste shall not be permitted to accumulate to such an extent as to create fire hazards or to endanger health or safety.

(Prior code § 78-56)

13-196-590  Residential buildings – Facilities, equipment, chimneys – Maintenance.

Every supply facility, piece of equipment or utility, and every chimney and chimney flue, shall be installed and maintained in a safe and sound working condition.

(Prior code § 78-57)

13-196-600  Residential buildings – Lot grading and drainage.

Every yard, court, vent passageway, and other portions of the lot on which the dwelling stands shall be graded and drained so as to prevent the accumulation of stagnant water on any such surface.

(Prior code § 78-58)

13-196-610  Residential buildings – Responsibilities of owners and occupants – General.

In addition to other applicable provisions of this Code, owners and occupants of residential buildings shall comply with the respective responsibilities imposed upon them by Sections 13-196-620 through and including 13-196-640 of this chapter.

(Prior code § 78-59)

13-196-620  Residential buildings – Responsibilities of occupants.

Every occupant of a family unit must:

(a)     Keep that part of the family unit which he occupies and controls in a clean, sanitary and safe condition;

(b)     Keep all plumbing and other fixtures required by this chapter, whether or not supplied by the landlord, in a clean and sanitary condition, and if supplied by the landlord, must use reasonable care in the proper use and operation thereof;

(c)     If a single-family dwelling unit, exterminate any insects, rodents or other pests therein or on the premises and, if a family unit in a dwelling containing more than one family, exterminate such insects, pests, and rodents whenever his family unit is the only one in the dwelling infested, except as provided in Section 13-196-630 (c);

(d)     Dispose of all garbage and other refuse only in the containers required by Section 7-28-220 of the code and must place such refuse in the containers in a clean and sanitary manner;

(e)     Hang and remove all screens required for the family unit by this chapter unless the owner has agreed to supply such service;

(f)     Not place on the premises any material which may cause a fire hazard or otherwise endangers the health or safety of any occupant of such dwelling, nor place in storage on the premises any furniture, equipment, or material which harbors insects, rodents, or other pests;

(g)     Not permit any family unit let to him to be occupied so that any occupancy resulting therefrom violates any of the provisions of this chapter;

(h)     Provide heating facilities for that part of the family unit he occupies unless such facilities are provided by the owner. Gas appliances designed to be used primarily for cooking or water heating purposes shall not be considered as heating facilities within the meaning of this section.

(Prior code § 78-60)

13-196-630  Residential buildings – Responsibilities of owner or operator.

Every owner or operator must:

(a)     Comply with the requirements imposed on him by this chapter;

(b)     Maintain in a clean, sanitary and safe condition the shared or public areas of the dwelling or premises, and maintain and repair any equipment of a type specified in this Code which he supplies or is required to supply;

(c)     Exterminate any insects, rodents or other pests in any family unit, if infestation is caused by the failure of the owner or operator to maintain the dwelling in a ratproof or reasonable insect-proof condition, and he must exterminate such pests in any family unit in the dwelling, regardless of the cause of infestation, if infestation exists in two or more of the family units in the dwelling or in the shared or public parts of any dwelling containing two or more family units; and

(d)     Supply and maintain the facilities for refuse disposal which are required of him by Section 7-28-220.

(Prior code § 78-61)

13-196-640  Residential buildings – Liability to city.

An owner remains liable to the city for violation of duties imposed upon him by this chapter even though:

(a)     An obligation is also imposed on the occupant by this chapter; or

(b)     The owner has by agreement imposed on the occupant the duty of furnishing required equipment or of complying with this chapter.

(Prior code § 78-62)

13-196-641  Application of certain sections.

The provisions of Sections 13-196-530 through 13-196-640, inclusive, shall apply to all existing buildings, regardless of use or occupancy.

(Added Coun. J. 7-25-01, p. 64897, § 12)

13-196-650  Pre-ordinance conversion to existing buildings – Applicability.

A pre-ordinance (built before July 8, 1957) residential building or building of mixed residential occupancy not complying with the requirements in force and applicable to the building at the time of its conversion may, if permitted by the Zoning Ordinance, be altered so as to legalize the present number of dwelling units provided such building complies with all the provisions of Chapter 13-196. For conversions which have added only one additional dwelling unit over the original number permitted, the provisions of Section 13-196-740 shall apply.

(Prior code § 78-63)

13-196-660  Conversion of pre-ordinance buildings – Height limits.

The said pre-ordinance building shall be not more than four stories in height if of ordinary construction, or two stories in height if of frame construction.

(Prior code § 78-64)

13-196-670  Stairwells.

New and existing stairwells are to be separated from all other parts of the building with partitions providing a fire resistance rating of not less than one hour. Stairwells, doors, and frames are to comply with Section 15-8-180. Stair soffits shall be protected with wood lath and plaster, or one hour construction.

(Prior code § 78-65)

13-196-680  Corridors.

Partitions enclosing public corridors must have a fire resistance rating of not less than one hour, and corridor doors and frames are to comply with Section 13-64-020 (b).

(Prior code § 78-66)

13-196-690  Dwelling separations.

Partitions separating dwelling units or between dwelling units and other occupancies, including heating plants must be of one-hour-fire-rated construction.

(Prior code § 78-67)

13-196-700  Partitions.

All partitions are to be of original construction or of a half-hour-fire-rated construction. Existing partitions may be altered or replaced with material allowed in the original structure.

(Prior code § 78-68)

13-196-710  Basement ceiling construction.

Floor construction over the basement shall be a minimum of a half hour construction when the building contains three dwelling units or more.

(Prior code § 78-69)

13-196-720  Heating plants.

Furnaces or other heating plants shall be enclosed with a minimum of a half hour construction when the building contains three dwelling units or more.

(Prior code § 78-70)

13-196-730  Light and ventilation.

Light and ventilation requirements are to comply with code provisions in effect at the time the building was originally constructed or they may comply with present requirements for new construction except as follows:

(a)     A kitchen with a floor of less than 70 square feet may be without either mechanical or natural ventilation if there is an opening of not less than 32 square feet between the kitchen and another room in the same family unit and if the room into which the kitchen opens meets the ventilation requirements of this Code.

(b)     Every toilet room and bathroom shall have adequate ventilation which may be either an openable window with an operable area of five percent of the floor area, mechanical ventilation complying with the requirements of Chapter 13-176*, or a gravity vent flue constructed with incombustible leading to the roof of the building, or a combination of any of these. The gravity vent shall be computed at an aggregate clear area of not less than five percent of the floor area of the room, with a minimum area of at least 120 square inches. Gravity vents shall be provided with a weather cap, directional vane, or rotary type ventilation on roof.

(Prior code § 78-71)

13-196-740  One additional dwelling unit over original allowed – Conditions.

A pre-ordinance (built before July 8, 1957) residential building or building of mixed residential occupancy, not complying with the requirements in force and applicable to the building at the time of its conversion, may be altered so as to legalize one dwelling unit, in addition to the number of dwelling units originally authorized, providing that said unit was determined by the office of the zoning administrator or the zoning board of appeals to have existed prior to July 8, 1957, and provided such building complies with the other provisions of this chapter. Such conversion need not comply with the requirements of the following specific provisions of this chapter:

(a)     Section 13-196-660 (height limits); however, in frame buildings, four or more levels of living space shall be prohibited and in buildings of ordinary construction, with or without attic living space, five or more levels shall be prohibited;

(b)     Section 13-196-050; however, all dwelling units must comply with the exit provisions of Chapter 13-160 except basement dwelling units may have a second exit through a room containing a heating plant;

(c)     Section 13-196-670 (stairwell enclosures);

(d)     Section 13-196-680 (corridor enclosures);

(e)     Section 13-196-690 (dwelling separations);

(f)     Section 13-196-710 (basement ceiling construction); however, if the basement contains a dwelling unit the entire basement ceiling construction is to be wood lath and plaster of half hour construction;

(h)     Section 13-196-720 (heating plants); however, basement apartments are to be separated from heating plants with partitions of one hour construction.

(Prior code § 78-72; Amend Coun. J. 6-14-95, p. 2841)

13-196-750  Heat required.

It shall be the duty of every person owning or controlling the heating plant which furnishes heat to any factory or workshop, to maintain a temperature within such factory or workshop of not less than 68 degrees Fahrenheit without such undue restriction of ventilation as to interfere with proper sanitary conditions therein; provided, however, that this requirement shall not apply to any factory or workshop where the business conducted therein is of such a nature that a higher or lower temperature than 68 degrees Fahrenheit is necessary or expedient for the work, or manufacturing processes of such business; and provided, further, that in all such cases, when such higher or lower temperature is necessary or expedient, the moisture content of the air shall be increased where the temperature is maintained below 68 degrees Fahrenheit or decreased where the temperature is maintained above 68 degrees Fahrenheit in the proper amount to maintain a wet bulb temperature between 54 degrees and 58 degrees Fahrenheit, and in the case of special manufacturing processes where it is necessary or expedient to maintain a wet bulb temperature below or above the extremes herein set forth, the commissioner of buildings shall prescribe and enforce such reasonable precautions and safeguards as will meet the requirements of such special manufacturing processes without endangering the health of the occupants of such factory or workshops. The manner of determining the temperature in all cases where the temperature to be maintained is 68 degrees Fahrenheit shall be the same as in Section 5-4-060, and in all other cases shall be in such practical manner as the commissioner of buildings may determine.

It shall be the duty of any person owning or controlling the heating plant which furnishes heat to any office, store, or other place of employment to maintain a temperature therein of not less than 68 degrees Fahrenheit without such undue restriction of ventilation as to interfere with proper sanitary conditions therein, between the hours of 8:00 A.M. and 6:00 P.M., from October 1st of each year to June 1st of the succeeding year, Sundays and full legal holidays excepted.

The provisions of this section shall apply to every existing building or portion thereof containing a factory or workshop, office, store or other place of employment, as the case may be.

(Prior code § 96-27; Amend Coun. J. 3-31-04, p. 20916, § 2.6)

13-196-760  Endangering health of employees.

Every owner or person in charge of any existing factory shall cause the temperature of every part thereof in which any person may work to be so maintained, and such accommodations and safeguards to be provided as not to cause, by reason of the want thereof or by reason of the condition of any such factory or its appurtenances, unnecessary danger or detriment to the health of any person employed therein.

(Prior code § 96-28; Amend Coun. J. 3-31-04, p. 20916, § 2.7)

Indoor Air Quality & Smoking

The new Chicago Clean Indoor Air Ordinance was signed into law on Feb. 13, 2008 and supersedes the Smoke Free Illinois Act. The new law is intended to protect patrons and workers against the dangers of secondhand smoke.

As of February 13, 2008 smoking is prohibited in:

  • All enclosed workplaces;
  • All restaurants;
  • All bars;
  • All healthcare facilities;
  • Public places including government buildings, convention facilities, laundromats, public transportation facilities and shopping malls;
  • Public restrooms, lobbies, reception areas, hallways and other common use areas in public buildings, apartment buildings and condominium buildings;
  • Within 15 feet of the entrance to enclosed public places;
  • Recreational areas including enclosed sports arenas, stadiums, swimming pools, ice and roller rinks, arcades and bowling alleys; and
  • City government vehicles.

Regulations, Fines & Fees

The Department of Public Health and the Department of Business Affairs and Licensing will monitor compliance with the ordinance during routine inspections. The City will also respond to complaints made to 311. Individuals who are smoking in areas prohibited by the ordinance are guilty of an infraction punishable by fines of up to $250.

More About the New Ordinance

The updated Chicago Clean Indoor Air Ordinance was passed by the Chicago City Council in January 2008. It replaces current law, passed in December 2005 and supersedes the Smoke Free Illinois Act. The new law is intended to protect the health of patrons and workers against the dangers of tobacco smoke, including secondhand smoke. Secondhand smoke is known to cause cancer and heart disease, and “safe” levels of secondhand smoke have not been identified.

Full Text of the Chicago Clean Indoor Air Ordinance of 2008

Chicago Residential Landlord and Tenant Ordinance (RLTO)

This Ordinance applies to residences within the city of Chicago only. Please see the Exceptions to the RLTO to ensure the law applies to you.
For tenants in suburban Chicagoland, please click here for the law as it applies in your town.

For specific advice on your situtation, you can call our free tenants rights hotline at 773.292.4988 Monday – Friday, 1 – 5pm or email your question to us here.

Municipal Code of Chicago
Title 5 Chapter 12
Residential Landlords and Tenants Ordinance

5-12-010 Title, Purpose And Scope.
This chapter shall be known and may be cited as the “Residential Landlord and Tenant Ordinance”, and shall be liberally construed and applied to promote its purposes and policies.

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 the rights and obligations of the landlord and the tenant in the rental of dwelling units, and to encourage the landlord and the tenant to maintain and improve the quality of housing.

This chapter applies to, regulates and determines rights, obligations and remedies under every rental agreement for a dwelling unit located within the City of Chicago, regardless of where the agreement is made, subject only to the limitations contained in Section 5-12-020 This chapter applies specifically to rental agreements for dwelling units operated under subsidy programs of agencies of the United States and/or the State of Illinois, including specifically, programs operated or subsidized by the Chicago Housing Authority and/or the Illinois Housing Development Authority to the extent that this chapter is not in direct conflict with statutory or regulatory provisions governing such programs. (Prior code § 193.1-1; Added Council Journal of Proceedings, September 8, 1986, page 33771; Amend. Council Journal of Proceedings, November 6, 1991, page 7198; Amend. Council Journal of Proceedings, March 31, 2004, page 20938 )

5-12-020 Exclusions.
Rental of the following dwelling units shall not be governed by this chapter, unless the rental agreement thereof is created to avoid the application of this chapter:

(a) 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;

(b) dwelling units in hotels, motels, inns, bed-and-breakfast establishments, rooming houses 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 of any 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 action;

(c) 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.

(d) 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;

(e) a dwelling unit occupied by an employee of a landlord whose right to occupancy is conditional upon employment in or about the premises; and

(f) a dwelling unit in a cooperative occupied by a holder of a proprietary lease. (Prior code § 193.1-2; Added Council Journal of Proceedings, September 8, 1986, page 33771; Amend. Council Journal of Proceedings, November 6, 1991, pages 7198 — 7199; Amend, Council Journal of Proceedings, September 4, 2003, page 7130)

5-12-030 Definitions.
Whenever used in this chapter, the following words and phrases shall have the following meanings:

(a) “Dwelling unit” means a structure or the part of a structure that is used as a home,
residence or sleeping place by one or more persons who maintain a household, together
with the common areas, land and appurtenant buildings thereto, and all housing services,
privileges, furnishings and facilities supplied in connection with the use or occupancy
thereof, including garage and parking facilities.

(b) “Landlord” means the owner, agent, lessor or sublessor, or the successor m interest of any of them, of a dwelling unit or the building of which it is part.

(c) “Owner” means one or more persons, jointly or severally, 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.

(d) “Person” means an individual, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association or any other legal or commercial entity.

(e) “Premises” means the dwelling unit and the structure of which it is a part, and facilities and appurtenances therein, and grounds, areas and facilities held out for the use of tenants.

(f) “Rent” means any consideration, including any payment, bonus, benefits or gratuity, demanded or received by a landlord for or in connection with the use or occupancy of a dwelling unit.

(g) “Rental agreement” means all written or oral agreements embodying the terms and conditions concerning the use and occupancy of a dwelling unit.

(h) “Successor landlord” means any person who follows a landlord in ownership or control of a dwelling unit or the building of which it is part, and shall include a lienholder who takes ownership or control either by contract, operation of law or a court order. However, a “successor landlord” shall not include a receiver pursuant to a court order.

(i) “Tenant” means a person entitled by written or oral agreement, subtenancy approved by the landlord or by sufferance, to occupy a dwelling unit to the exclusion of others. (Prior code § 193.1-3; Added Council Journal of Proceedings, September 8, 1986, page 33771; Amend. Council Journal of Proceedings November 6, 1991, page 7199, Amend, Council Journal of Proceedings, May 12, 2010, page 91084)

5-12-040 Tenant Responsibilities.
Every tenant must:

(a) comply with all obligations imposed specifically upon tenants by provisions of the municipal code applicable to dwelling units;

(b) keep that part of the premises that he occupies and uses as safe as the condition of the premises permits;

(c) dispose of all ashes, rubbish, garbage and other waste from his dwelling unit in a clean and safe manner;

(d) keep all plumbing fixtures in the dwelling unit or used by the tenants as clean as their condition permits;

(e) use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators, in the premises;

(f) not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person on the premises with his consent to do so; and

(g) conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors’ peaceful enjoyment of the premises.
(Prior code § 193.1-4; Added Council Journal of Proceedings, September 8, 1986, page 33771)

5-12-050 Landlord’s Right Of Access.
A tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit:

(a) to make necessary or agreed repairs, decorations, alterations or improvements;

(b) to supply necessary or agreed services;

(c) to conduct inspections authorized or required by any government agency;

(d) to exhibit the dwelling unit to prospective or actual purchasers, mortgagees, workmen or contractors;

(e) to exhibit the dwelling unit to prospective tenants 60 days or less prior to the expiration of the existing rental agreement;

(f) for practical necessity where repairs or maintenance elsewhere in the building unexpectedly require such access;

(g) to determine a tenant̓s compliance with provisions in the rental agreement; and

(h) in case of emergency.

The landlord shall not abuse the right of access or use it to harass the tenant Except in cases where access is authorized by subsection (f) or (h) of this section, the landlord shall give the tenant notice of the landlord’s intent to enter of no less than two days. Such notice shall be provided directly to each dwelling unit by mail, telephone, written notice to the dwelling unit, or by other reasonable means designed in good faith to provide notice to the tenant. If access is required because of repair work or common facilities or other apartments, a general notice may be given by the landlord to all potentially affected tenants that entry may be required. In cases where access is authorized by subsection (f) or (h) of this section, the landlord may enter the dwelling unit without notice or consent of the tenant. The landlord shall give the tenant notice of such entry within two days after such entry.

The landlord may enter only at reasonable times except in case of an emergency. An entry between 8:00 A.M. and 8:00 P.M. or at any other time expressly requested by the tenant shall be presumed reasonable. (Prior code § 193.1-5; Added Council Journal of Proceedings, September 8, 1986, page 33771)

5-12-060 Remedies For Improper Denial Of Access.
If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access or terminate the rental agreement pursuant to Section 5-12-130(b) of this chapter. In either case, the landlord may recover damages.

If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated unreasonable demands for entry otherwise lawful, but which have the effect of harassing the tenant, the tenant may obtain injunctive relief to prevent the recurrence of the conduct, or terminate the rental agreement pursuant to the notice provisions of Section 5-12-110(a). In each case, the tenant may recover an amount equal to not more than one months rent or twice the damage sustained by him, whichever is greater. (Prior code § 193.1-6; Added Council Journal of Proceedings,
September 8, 1986, page 33771; Amend. Council Journal of Proceedings, November 6, 1991, page 7202)

5-12-070 Landlord’s Responsibility To Maintain.
The landlord shall maintain the premises in compliance with all applicable provisions of the municipal code and shall promptly make any and all repairs necessary to fulfill this obligation.
(Prior code § 193.1-7; Added Council Journal of Proceedings, September 8, 1986, page 33771;
Amend July 28, 2010 (Doc. No. 02010-3654)

5-12-080 Security Deposits.
(a) (1) A landlord shall hold all security deposits received by him in a federally insured interest-bearing account in a bank, savings and loan association or other financial institution located in the State of Illinois. A security deposit and interest due thereon shall continue to be the property of the tenant making such deposit, shall not be commingled with the assets of the landlord, and shall not be subject to the claims of any creditor of the landlord or of the landlord’s successors in interest, including a foreclosing mortgagee or trustee in bankruptcy. (Amend July 28, 2010 (Doc. No. O2010-3654)

(2) Notwithstanding subsection (a)(1), a landlord may accept the payment of the first month’s rent and security deposit in one check or one electronic funds transfer, and deposit the check or electronic funds transfer into one account, if within 5 business days of the acceptance of the check or electronic transfer, the landlord transfers the amount of the security deposit into a separate account that complies with subsection (a)(1). (Amend July 28, 2010 (Doc. No. O2010-3654)

(3) The name and address of the financial institution where the security deposit will be deposited shall be clearly and conspicuously disclosed in the written rental agreement signed by the tenant. If no written rental agreement is provided, the landlord shall, within 14 days of receipt of the security deposit, notify the tenant in writing of the name and address of the financial institution where the security deposit was deposited. (Amend July 28, 2010 (Doc. No. O2010-3654)

If, during the pendency of the rental agreement, a security deposit is transferred from one financial institution to another, the landlord shall, within 14 days of such transfer, notify the tenant in writing of the name and address of the new financial institution. (Amend July 28, 2010 (Doc. No. O2010-3654)

(4) Notwithstanding subsection (a)(1), a landlord shall not be considered to be commingling the security deposits with the landlord’s assets if there is excess interest in the account in which the security deposits are deposited. “Excess interest” means the amount of money in excess of the total amount of security deposits deposited into the account plus any interest due thereon. (Amend July 28, 2010 (Doc. No. O2010-3654)

(b) (1) Except as provider for in subsection (b)(2), any landlord who receives a security deposit from a tenant or prospective tenant shall give said tenant or prospective tenant at the time of receiving such security deposit a receipt indicating the amount of such security deposit, the name of the person receiving it and, in the case of the agent, the name of the landlord for whom such security deposit is received, the date on which it is received, and a description of the dwelling unit. The receipt shall be signed by the person receiving the security deposit. Failure to comply with this subsection shall entitle the tenant to immediate return of security deposit. (Amend July 28, 2010 (Doc. No. O2010-3654)

(2) Upon payment of the security deposit by means of an electronic funds transfer, the landlord shall give the tenant a receipt that complies with subsection (b)(1), or an electronic receipt that acknowledges the receipt of the security deposit. The electronic receipt shall set forth the date of the receipt of the security deposit, the amount of the deposit, a description of the dwelling unit and an electronic or digital signature, as those terms are defined in 5 ILCS 175/5-105, of the person receiving the deposit. (Amend July 28, 2010 (Doc. No. O2010-3654)

(c) A landlord who holds a security deposit or prepaid rent pursuant to this section shall pay interest to the tenant accruing from the beginning date of the rental term specified in the rental agreement at the rate determined in accordance with Section 5-12-081 for the year in which the rental agreement was entered into. The landlord shall, within 30 days after the end of each 12-month rental period, pay to the tenant any interest, by cash or credit to be applied to the rent due. (Amend. Council Journal of Proceedings, November 6, 1991, page 7203; Added Council Journal of Proceedings, May 14, 1997, page 4516; Amend. Council Journal of Proceedings, March 31, 2004, page 20939, July 28, 2010 (Doc. No. O2010-3654))

(d) The landlord shall, within 45 days after the date that the tenant vacates the dwelling unit or within 7 days after the date that the tenant provides notice of termination of the rental agreement pursuant to Section 5-12-110(g), return to the tenant the security deposit or any balance thereof and the required interest thereon; provided, however, that the landlord may deduct from such security deposit or interest due thereon for the following: (Amend July 28, 2010 (Doc. No. O2010-3654)

(1) any unpaid rent which has not been validly withheld or deducted pursuant to state or federal law or local ordinance; and (Amend July 28, 2010 (Doc. No. O2010-3654)

(2) a reasonable amount necessary to repair any damage caused to the premises by the tenant or any person under the tenant’s control or on the premises with the tenant’s consent, reasonable wear and tear excluded. In case of such damage, the landlord shall deliver or mail to the last known address of the tenant within 30 days an itemized statement of the damages allegedly caused to the premises and the estimated or actual cost for repairing or replacing each item on that statement, attaching copies of the paid receipts for the repair or replacement. If estimated cost is given, the landlord shall furnish the tenant with copies of paid receipts or a certification of actual costs of repairs of damage if the work was performed by the landlord’s employees within 30 days from the date the statement showing estimated cost was furnished to the tenant. (Amend July 28, 2010 (Doc. No. O2010-3654)

(e) In the event of a sale, lease, transfer of ownership or control or other direct or indirect disposition of residential real property by a landlord who has received a security deposit or prepaid rent from a tenant, the successor landlord of such property shall be liable to that tenant for any security deposit, including statutory interest, or prepaid rent which the tenant has paid to the transferor.

The successor landlord shall, within 14 days from the date of such transfer, notify the tenant who made such security deposit by delivering or mailing to the tenant’s last known address that such security deposit was transferred to the successor landlord and that the successor landlord is holding said security deposit. Such notice shall also contain the successor landlord’s name, business address, and business telephone number of the successor landlord’s agent, if any. The notice shall be in writing. (Amend July 28, 2010 (Doc. No. O2010-3654)

The transferor shall remain jointly and severally liable with the successor landlord to the tenant for such security deposit or prepaid rent, unless and until such transferor transfers said security deposit or prepaid rent to the successor landlord and provides notice, in writing, to the tenant of such transfer of said security deposit or prepaid rent, specifying the name, business address and business telephone number of the successor landlord or his agent within 10 days of said transfer.

(f) (1) Subject to subsection (f)(2), if the landlord fails to comply with any provision of Section 5-12-080 (a) — (e), the tenant shall be awarded damages in an amount equal to two times the security deposit plus interest at a rate determined in accordance with Section 5-12-081. This subsection does not preclude the tenant from recovering other damages to which he may be entitled under this chapter. (Prior code § 193.1-8; Added Council Journal of Proceedings, September 8, 1986, page 33771; Amend. Council Journal of Proceedings, November 6, 1991, page 7204; Added Council Journal of Proceedings, May14, 1997, page 45168, Amend Council Journal of Proceedings, May 12, 2010, page 91084, Added July 28, 2010, Doc. No. O2010-3654)

(2) If a landlord pays the interest on a security deposit or prepaid rent within the 30-day period provided for in subsection (c), or within the 45-day period provided for in subsection (d), whichever is applicable, but the amount of interest is deficient, the landlord shall not be liable for damages under subsection (f)(2) unless:

(A) the tenant gives written notice to the landlord that the amount of the interest returned was deficient; and

(B) within fourteen days of the receipt of the notice, the landlord fails to either:
(i) pay to the tenant the correct amount of interest due plus $50.00; or
(ii) provide to the tenant a written response which sets forth an explanation of how the interest paid was calculated.

If the tenant disagrees with the calculation of the interest, as set forth in the written response, the tenant may bring a cause of action in a court of competent jurisdiction challenging the correctness of the written response. If the court determines that the interest calculation was not accurate, the tenant shall be awarded damages in an amount equal to two times the security deposit plus interest at a rate determined in accordance with Section 5-12-081. (Amend July 28, 2010 (Doc. No. O2010-3654)

5-12-081 Interest Rate On Security Deposits.
During December of each year, the city comptroller shall review the status of banks within the city and interest rates on savings accounts, insured money market accounts and six (6) month certificates of deposit at commercial banks located within the city. On the first business day of each year, the comptroller shall announce the rates of interest, as of the last business day of the prior month, on savings accounts, insured money market accounts and six (6) month certificates of deposit at the commercial bank having the most number of branches located within the city. The rates for money market accounts and for certificates of deposit shall be based on the minimum deposits for such investments. The comptroller shall calculate and announce the average of the three rates. The average of these rates so announced by the comptroller shall be the rate of interest on security deposits under rental agreements governed by this chapter and made or renewed after the most recent announcement. (Added Council Journal of Proceedings, May 14, 1997, page 45168; Amend. Council Journal of Proceedings, May 14 2008) * Current rate — January 1, 2010 through December 31, 2010 is 0.073%. (Prior Year Interest Rates)

5-12-082 Interest Rate Notification.
The city comptroller, after computing the rate of interest on security deposit governed by this chapter, shall cause the new rate of security deposit interest to be published for five consecutive business days in two or more newspapers of general circulation in the city. The mayor shall direct the appropriate city department to prepare and publish for free public distribution at government offices, libraries, schools and community organizations, a pamphlet or brochure describing the respective rights, obligations and remedies of landlords and tenants with respect to security deposits, including the new interest rate as well as the interest rate for each of the prior two years. The commissioner shall also distribute the new rate of security deposit interest, as well as the interest rate for each of the prior two years, through public service announcements to all radio and television outlets broadcasting in the city. (Added Council Journal of Proceedings, May 7, 1997, page 45169)

5-12-090 Identification Of Owner And Agents.
A landlord or any person authorized to enter into an oral or written rental agreement on the landlord’s behalf shall disclose to the tenant in writing at or before the commencement of the tenancy the name, address, and telephone number of:

(a) the owner or person authorized to manage the premises; and

(b) a person authorized to act for and on behalf of the owner for the purpose of service of process and for the purpose of receiving and receipting for notices and demands.

A person who enters into a rental agreement and fails to comply with the requirements of this section becomes an agent of the landlord for the purpose of (i) service of process and receiving and receipting for notices and demands and (ii) performing the obligations of the landlord under this chapter under the rental agreement.

The information required to be furnished by this section shall be kept current and this section extends to and is enforceable against any successor landlord, owner or manager.

If the landlord fails to comply with this section, the tenant may terminate the rental agreement pursuant to the notice provisions of Section 5-12-110(a). If the landlord fails to comply with the requirements of this section after receipt of written notice pursuant to Section 5-12-110(a), the tenant shall recover one month’s rent or actual damages, whichever is greater. (Prior code § 193.1-9; Added Council Journal of Proceedings, September 8, 1986, page 33771; Amend, Council Journal of Proceedings, November 6, 1991, page 7205)

5-12-095 Tenants’ Notification of Foreclosure Action.

(a) Within seven (7) days of being served a foreclosure complaint, as defined in 735 ILCS 5/15-1504, an owner or landlord of a premises that is the subject of the foreclosure complaint shall disclose, in writing, to all tenants of the premises that a foreclosure action has been filed against the owner or landlord. An owner or landlord shall also disclose, in writing, the notice of foreclosure to any other third party who has a consistent pattern and practice of paying rent to the owner or landlord on behalf of a tenant.

Before a tenant initially enters into a rental agreement for a dwelling unit, the owner or landlord shall also disclose, in writing, that he is named in a foreclosure complaint.

The written disclosure shall include the court in which the foreclosure action is pending, the case name, and case number and shall include the following language:

“This is not a notice to vacate the premise. This notice does not mean ownership of the building has changed. All tenants are still responsible for payment of rent and other obligations under the rental agreement. The owner or landlord is still responsible for their obligations under the rental agreement. You shall receive additional notice if there is a change in owner.”

(b) If the owner or landlord fails to comply with this section, the tenant may terminate the rental agreement by written notice. The written notice shall specify the date of termination no later than thirty (30) days from the date of the written notice. In addition, if a tenant in a civil legal proceeding against an owner or landlord establishes that a violation of this section has occurred, he shall be entitled to recover $200.00 in damages, in addition to any other damages or remedies that the tenant may also be entitled. (Added Council Journal of Proceedings October 8, 2008, page 39857)

5-12-100 Notice Of Conditions Affecting Habitability.
Before a tenant initially enters into or renews a rental agreement for a dwelling unit, the landlord or any person authorized to enter into a rental agreement on his behalf shall disclose to the tenant in writing:

(a) Any code violations which have been cited by the City of Chicago during the previous 12 months for the dwelling unit and common areas and provide notice of the pendency of any code enforcement litigation or compliance board proceeding pursuant to Chapter 13-8-070 of the municipal code affecting the dwelling unit or common area. The notice shall provide the case number of the litigation and/or the identification number of the compliance board proceeding and a listing of any code violations cited. (Amend. Council Journal of Proceedings, November 6, 1991, page 7205)

(b) Any notice of intent by the City of Chicago or any utility provider to terminate water, gas, electrical or other utility service to the dwelling unit or common areas. The disclosure shall state the type of service to be terminated, the intended date of termination, and whether the termination will affect the dwelling unit, the common areas or both. A landlord shall be under a continuing obligation to provide disclosure of the information described in this subsection (b) throughout a tenancy. If a landlord violates this section, the tenant or prospective tenant shall be entitled to remedies described in Section 5-12-090. (Prior code §193.1-10, Added Council Journal of Proceedings,
September 8, 1986, page 33771; Amend, Council Journal of Proceedings, November 6, 1991, page 7206)

5-12-110 Tenant Remedies.
In addition to any remedies provided under federal law, a tenant shall have the remedies specified in this section under the circumstances herein set forth.

For purposes of this section, material noncompliance with Section 5-12-070 shall include, but is not limited to, any of the following circumstances:

failure to maintain the structural integrity of the building or structure or parts thereof;

failure to maintain floors in compliance with the safe load-bearing requirements of the municipal code;

failure to comply with applicable requirements of the municipal code for the number, width, construction, location or accessibility of exits;

failure to maintain exit, stairway, fire escape or directional signs where required by the municipal code;

failure to provide smoke detectors, sprinkler systems, standpipe systems, fire alarm systems, automatic fire detectors or fire extinguishers where required by the municipal code;

failure to maintain elevators in compliance with applicable provisions of the municipal code;

failure to provide and maintain in good working order a flush water closet, lavatory basin, bathtub or shower or kitchen sink;

failure to maintain heating facilities or gas-fired appliances in compliance with the requirements of the municipal code;

failure to provide heat or hot water in such amounts and at such levels and times as required by the municipal code;

failure to provide hot and cold running water as required by the municipal code;

failure to provide adequate hall or stairway lighting as required by the municipal code;

failure to maintain the foundation, exterior walls or exterior roof in sound condition and repair, substantially watertight and protected against rodents;

failure to maintain floors, interior walls or ceilings in sound condition and good repair;

failure to maintain windows, exterior doors or basement hatchways in sound condition and repair and substantially tight and to provide locks or security devices as required by the municipal code, including deadlatch locks, deadbolt locks, sash or ventilation locks, and front door windows or peep holes;

failure to supply screens where required by the municipal code;

failure to maintain stairways or porches in safe condition and sound repair;

failure to maintain the basement or cellar in a safe and sanitary condition;

failure to maintain facilities, equipment or chimneys in safe and sound working conditions;

failure to prevent the accumulation of stagnant water;

failure to exterminate insects, rodents or other pests;

failure to supply or maintain facilities for refuse disposal;

failure to prevent the accumulation of garbage, trash, refuse or debris as required by the municipal code;

failure to provide adequate light or ventilation as required by the municipal code;

failure to maintain plumbing facilities, piping, fixtures, appurtenances and appliances in good operating condition and repair;

failure to provide or maintain electrical systems, circuits, receptacles and devices as required by the municipal code;

failure to maintain and repair any equipment which the landlord supplies or is required to supply; or

failure to maintain the dwelling unit and common areas in a fit and habitable condition.

(a) Noncompliance By Landlord. If there is material noncompliance by the landlord with a rental agreement or with Section 5-12-070 either of which renders the premises not reasonably fit and habitable, the tenant under the rental agreement may deliver a written notice to the landlord specifying the acts and/or omissions constituting the material noncompliance and specifying that the rental agreement will terminate on a date not less than 14 days after receipt of the notice by the landlord, unless the material noncompliance is remedied by the landlord within the time period specified in the notice. If the material noncompliance is not remedied within the time period so specified in the notice, the rental agreement shall terminate, and the tenant shall deliver possession of the dwelling unit to the landlord within 30 days after the expiration of the time period specified in the notice. If possession shall not be so delivered, then the tenant’s notice shall be deemed withdrawn and the lease shall remain in full force and effect. If the rental agreement is terminated, the landlord shall return all prepaid rent, security and interest recoverable by the tenant under Section 5-12-080.

(b) Failure To Deliver Possession. If the landlord fails to deliver possession of the dwelling unit to the tenant in compliance with the residential rental agreement or Section 5-12-070, rent for the dwelling unit shall abate until possession is delivered, and the tenant may:

(1) upon written notice to the landlord, terminate the rental agreement and upon termination the landlord shall return all prepaid rent and security; or

(2) demand performance of the rental agreement by the landlord and, if the tenant elects, maintain an action for possession of the dwelling unit against the landlord or any person wrongfully in possession and recover the damages sustained by him.

If a person’s failure to deliver possession is wilful, an aggrieved person may recover from the person withholding possession an amount not more than two months’ rent or twice the actual damages sustained by him, whichever is greater.

(c) Minor Defects. If there is material noncompliance by the landlord with the rental agreement or with Section 5-12-070, and the reasonable cost of compliance does not exceed the greater of $500.00 or one-half of the monthly rent, the tenant may recover damages for the material noncompliance or may notify the landlord in writing of his intention to correct the condition at the landlord’s expense; provided, however, that this subsection shall not be applicable if the reasonable cost of compliance exceeds one month’s rent. If the landlord fails to correct the defect within 14 days after being notified by the tenant in writing or as promptly as conditions require in case of emergency, the tenant may have the work done in a workmanlike manner and in compliance with existing law and building regulations and, after submitting to the landlord a paid bill from an appropriate tradesman or supplier, deduct from his or her rent the amount thereof, not to exceed the limits specified by this subsection and not to exceed the reasonable price then customarily charged for such work. A tenant shall not repair at the landlord’s expense if the condition was caused by the deliberate or negligent act or omission of the tenant, a member of the tenant’s family, or other person on the premises with the tenant’s consent.

Before correcting a condition affecting facilities shared by more than one dwelling unit, the tenant shall notify all other affected tenants and shall cause the work to be done so as to create the least practical inconvenience to the other tenants. Nothing herein shall be deemed to grant any tenant any right to repair any common element or dwelling unit in a building subject to a condominium regime other than in accordance with the declaration and bylaws of such condominium building; provided, that the declaration and bylaws have not been created to avoid the application of this chapter.

For purposes of mechanics’ lien laws, repairs performed or materials furnished pursuant to this subsection shall not be construed as having been performed or furnished pursuant to authority of or with permission of the landlord.

(d) Failure To Maintain. If there is material noncompliance by the landlord with the rental agreement or with Section 5-12-070, the tenant may notify the landlord in writing of the tenant’s intention to withhold from the monthly rent an amount which reasonably reflects the reduced value of the premises due to the material noncompliance. If the landlord fails to correct the condition within 14 days after being notified by the tenant in writing, the tenant may, during the time such failure continues, deduct from the rent the stated amount. A tenant shall not withhold rent under this subsection if the condition was caused by the deliberate or negligent act or omission of the tenant, a member of the tenant’s family, or other person on the premises with the tenant’s consent.

(e) Damages And Injunctive Relief. If there is material noncompliance by the landlord with the rental agreement or with Section 5-12-070, the tenant may obtain injunctive relief, and/or recover damages by claim or defense. This subsection does not preclude the tenant from obtaining other relief to which he may be entitled under this chapter.

(f) Failure To Provide Essential Services. If there is material noncompliance by the landlord with the rental agreement or with Section 5-12-070, either of which constitutes an immediate danger to the health and safety of the tenant or if, contrary to the rental agreement or Section 5-12-070, the landlord fails to supply heat, running water, hot water, electricity, gas or plumbing, the tenant may give written notice to the landlord specifying the material noncompliance or failure. If the landlord has, pursuant to this ordinance or in the rental agreement, informed the tenant of an address at which notices to the landlord are to be received, the tenant shall mail or deliver the written notice required in this section to such address If the landlord has not informed the tenant of an address at which notices to the landlord are to be received, the written notice required in this section shall be delivered by mail to the last known address of the landlord or by other reasonable means designed in good faith to provide written notice to the landlord. After such notice, the tenant may during the period of the landlord’s noncompliance or failure:

(1) procure reasonable amounts of heat, running water, hot water, electricity, gas or plumbing service, as the case may be and upon presentation to the landlord of paid receipts deduct their cost from the rent; or

(2) recover damages based on the reduction in the fair rental value of the dwelling unit; or

(3) procure substitute housing, in which case the tenant is excused from paying rent for the period of the landlord’s noncompliance. The tenant may recover the cost of the reasonable value of the substitute housing up to an amount equal to the monthly rent for each month or portion thereof of noncompliance as prorated.

In addition to the remedies set forth in Section 5-12-110 (1) (1) — (3), the tenant may:

(4) withhold from the monthly rent an amount that reasonably reflects the reduced value of the premises due to the material noncompliance or failure if the landlord fails to correct the condition within 24 hours after being notified by the tenant; provided, however, that no rent shall be withheld if the failure is due to the inability of the utility provider to provide service; or

(5) terminate the rental agreement by written notice to the landlord if the material noncompliance or failure persists for more than 72 hours after the tenant has notified the landlord of the material noncompliance or failure; provided, however, that no termination shall be allowed if the failure is due to the inability of the utility provider to provide service. If the rental agreement is terminated, the landlord shall return all prepaid rent, security deposits and interest thereon in accordance with Section 5-12-080 and tenant shall deliver possession of the dwelling unit to the landlord within 30 days after the expiration of the 72 hour time period specified in the notice. If possession shall not be so delivered, then the tenant’s notice shall be deemed withdrawn and the lease shall remain in full force and effect.

If the tenant proceeds under this subsection (f), he may not proceed under subsection (c) or (d). The tenant may not exercise his rights under this subsection if the condition was caused by the deliberate or negligent act or omission of the tenant, a member of his family, or other person on the premises with his consent. Before correcting a condition, the repair of which will affect more than his own dwelling unit, the tenant shall notify all other tenants affected and shall cause the work to be done so as to result in the least practical inconvenience to other tenants.

(g) Fire Or Casualty Damage. If the dwelling unit or common area is damaged or destroyed by fire or casualty to an extent that the dwelling unit is in material noncompliance with the rental agreement or with Section 5-12-070, the tenant may:

(1) immediately vacate the premises and notify the landlord in writing within 14 days thereafter of the tenant’s intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of the fire or casualty; or

(2) if continued occupancy is lawful, vacate any part of the dwelling unit rendered unusable by the fire or casualty, in which case the tenant’s liability for rent is reduced in proportion to the reduction in the fair rental value of the dwelling unit; or

(3) if the tenant desires to continue the tenancy, and if the landlord has promised or begun work to repair the damage or destruction but fails to carry out the work to restore the dwelling unit or common area diligently and within a reasonable time, notify the landlord in writing within 14 days after the tenant becomes aware that the work is not being carried out diligently or within a reasonable time of the tenant’s intention to terminate the rental agreement, m which case the rental agreement terminates as of the date of the fire or casualty.

If the rental agreement is terminated under this subsection (g), the landlord shall return all security and all prepaid rent in accordance with Section 5-12-080(d). Accounting for rent in the event of termination or apportionment shall be made as of the date of the fire or casualty. A tenant may not exercise remedies in this subsection if the fire or casualty damage was caused by the deliberate or negligent act or omission of the tenant, a member of his family or a person on the premises with his consent. (Prior code § 193. 1-1 1; Added, Council Journal of Proceedings, September 8, 1986,
page 33771; Amend, Council Journal of Proceedings, November 6, 1991, pages 7206 — 7212)

5-12-120 Subleases.
If the tenant terminates the rental agreement prior to its expiration date, except for cause authorized by this chapter, the landlord shall make a good faith effort to re-rent the tenant’s dwelling unit at a fair rental, which shall be the rent charged for comparable dwelling units in the premises or in the same neighborhood. The landlord shall accept a reasonable sublease proposed by the tenant without an assessment of additional fees or charges.

If the landlord succeeds in re-renting the dwelling unit at a fair rental, the tenant shall be liable for the amount by which the rent due from the date of premature termination to the termination of the initial rental agreement exceeds the fair rental subsequently received by the landlord from the date of premature termination to the termination of the initial rental agreement

If the landlord makes a good faith effort to re-rent the dwelling unit at a fair rental and is unsuccessful, the tenant shall be liable for the rent due for the period of the rental agreement. The tenant shall also be liable for the reasonable advertising costs incurred by the landlord in seeking to re-rent the dwelling unit. (Prior code § 193.1-12; Added Council Journal of Proceedings, September 8, 1986, page 33771)

5-12-130 Landlord Remedies.
Every landlord shall have the remedies specified in this section for the following circumstances:

(a) Failure To Pay Rent. If all or any portion of rent is unpaid when due and the tenant fails to pay the unpaid rent within five days after written notice by the landlord of his intention to terminate the rental agreement if rent is not so paid, the landlord may terminate the rental agreement. Nothing in this subsection shall affect a landlord’s obligation to provide notice of termination of tenancy in subsidized housing as required under federal law or regulations. A landlord may also maintain an action for rent and/or damages without terminating the rental agreement.

(b) Noncompliance By Tenant. If there is material noncompliance by a tenant with a rental agreement or with Section 5-12-040, the landlord of such tenant’s dwelling unit may deliver written notice to the tenant specifying the acts and/or omissions constituting the breach and that the rental agreement will terminate upon a date not less than 10 days after receipt of the notice, unless the breach is remedied by the tenant within that period of time. If the breach is not remedied within the 10 day period, the residential rental agreement shall terminate as provided in the notice. The landlord may recover damages and obtain injunctive relief for any material noncompliance by the tenant with the rental agreement or with Section 5-12-040. If the tenant’s noncompliance is wilful, the landlord may also recover reasonable attorney’s fees.

(c) Failure To Maintain. If there is material noncompliance by the tenant with Section 5-12-040 (other than subsection (g) thereof), and the tenant fails to comply as promptly as conditions permit in case of emergency or in cases other than emergencies within 14 days of receipt of written notice by the landlord specifying the breach and requesting that the tenant remedy it within that period of time, the landlord may enter the dwelling unit and have the necessary work done in the manner required by law. The landlord shall be entitled to reimbursement from the tenant of the costs of repairs under this section.

(d) Disturbance Of Others. If the tenant violates Section 5-12-040(g) within 60 days after receipt of a written notice as provided in subsection (b), the landlord may obtain injunctive relief against the conduct constituting the violation, or may terminate the rental agreement on 10 days written notice to the tenant.

(e) Abandonment. Abandonment of the dwelling unit shall be deemed to have occurred when:

(1) actual notice has been provided to the landlord by the tenant indicating the tenant’s intention not to return to the dwelling unit, or

(2) all persons entitled under a rental agreement to occupy the dwelling unit have been absent from the unit or a period of 21 days or for one rental period when the rental agreement is for less than a month, and such persons have removed their personal property from the premises, and rent for that period is unpaid; or

(3) all persons entitled under a rental agreement to occupy the dwelling unit have been absent from the unit for a period of 32 days, and rent for that period is unpaid.

Notwithstanding the above, abandonment of the dwelling unit shall not be deemed to have occurred if any person entitled to occupancy has provided the landlord a written notice indicating that he still intends to occupy the unit and makes full payment of all amounts due to the landlord.

If the tenant abandons the dwelling unit, the landlord shall make a good faith effort to re-rent it at a fair rental, which shall be the rent charged for comparable dwelling units in the premises or in the same neighborhood. If the landlord succeeds in re-renting the dwelling unit at a fair rental, the tenant shall be liable for the amount by which the rent due from the date of abandonment to the termination of the initial rental agreement exceeds the fair rental subsequently received by the landlord from the date of abandonment to the termination of the initial rental agreement. If the landlord makes a good faith effort to re-rent the dwelling unit at a fair rental and is unsuccessful, the tenant shall be liable for the rent due for the period of the rental agreement. The tenant shall also be liable for the reasonable advertising expenses and reasonable redecoration costs incurred by the landlord pursuant to this subsection.

(f) Disposition of Abandoned Property. If the tenant abandons the dwelling unit as described in subsection (e) hereof, or fails to remove his personal property from the premises after termination of a rental agreement, the landlord shall leave the property in the dwelling unit or remove and store all abandoned property from the dwelling unit and may dispose of the property after seven days. 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.

(g) Waiver of Landlord’s Right to Terminate. If the landlord accepts the rent due knowing that there is a default in payment of rent by the tenant, he thereby waives his right to terminate the rental agreement for that breach.

(h) Remedy after Termination. If the rental agreement is terminated, the landlord shall have a claim for possession and/or for rent.

(i) Notice of Renewal of Rental Agreement. No tenant shall be required to renew a rental agreement more than 90 days prior to the termination date of the rental agreement. If the landlord violates this subsection, the tenant shall recover one month’s rent or actual damages, whichever is greater

(j) Notice of Refusal to Renew Rental Agreement. Provided that the landlord has not exercised, or is not in the process of exercising, any of its rights under Section 5-12-130 (a) — (h) hereof, the landlord shall notify the tenant in writing at least 30 days prior to the stated termination date of the rental agreement of the landlord’s intent either to terminate a month to month tenancy or not to renew an existing rental agreement. If the landlord fails to give the required written notice, the tenant may remain in the dwelling unit for up to 60 days after the date on which such required written notice is given to the tenant, regardless of the termination date specified in the existing rental agreement. During such occupancy, the terms and conditions of the tenancy (including, without limitation, the rental rate) shall be the same as the terms and conditions during the month of tenancy immediately preceding the notice; provided, however, that if rent was waived or abated in the preceding month or months as part of the original rental agreement, the rental amount during such 60 day period shall be at the rate established on the last date that a full rent payment was made. (Prior Code §193.1-13; Added Council Journal of Proceedings, September 8, 1986, page 33771; Amend, Council Journal of Proceedings, November 6, 1991, page 7215)

5-12-140 Rental Agreement.
Except as otherwise specifically provided by this chapter, no rental agreement may provide that the landlord or tenant:

(a) agrees to waive or forego rights, remedies or obligations provided under this chapter;

(b) authorizes any person to confess judgment on a claim arising out of the rental agreement;

(c) agrees to the limitation of any liability of the landlord or tenant arising under law;

(d) agrees to waive any written termination of tenancy notice or manner of service thereof provided under state law or this chapter;

(e) agrees to waive the right of any party to a trial by jury;

(f) agrees that in the event of a lawsuit arising out of the tenancy the tenant will pay the landlord’s attorney’s fees except as provided for by court rules, statute, or ordinance;

(g) agrees that either party may cancel or terminate a rental agreement at a different time or within a shorter time period than the other party, unless such provision is disclosed in a separate written notice;

(h) agrees that a tenant shall pay a charge, fee or penalty in excess of $10.00 per month for the first $500.00 in monthly rent plus 5% per month for any amount in excess of $500.00 in monthly rent for the late payment of rent; and

(i) agrees that, if a tenant pays rent before a specified date or within a specified time period in the month, the tenant shall receive a discount or reduction in the rental amount in excess of $10.00 per month for the first $500.00 in monthly rent plus 5% per month for any amount in excess of $500.00 in monthly rent.

A provision prohibited by this section included in a rental agreement is unenforceable. The tenant may recover actual damages sustained by the tenant because of the enforcement of a prohibited provision. If the landlord attempts to enforce a provision in a rental agreement prohibited by this section the tenant may recover two months rent. Prior code § 193.1-14; Added Council Journal of Proceedings, September 8, 1986, page 33771; Amend. Council Journal of Proceedings, November 6, 1991, pages 7215 — 7216)

5-12-150 Prohibition On Retaliatory Conduct By Landlord.
It is declared to be against public policy of the City of Chicago for a landlord to take retaliatory action against a tenant, except for violation of a rental agreement or violation of a law or ordinance. A landlord may not knowingly terminate a tenancy, increase rent, decrease services, bring or threaten to bring a lawsuit against a tenant for possession or refuse to renew a lease or tenancy because the tenant has in good faith:

(a) complained of code violations applicable to the premises to a competent governmental agency, elected representative or public official charged with responsibility for enforcement of a building, housing, health or similar code; or

(b) complained of a building, housing, health or similar code violation or an illegal landlord practice to a community organization or the news media; or

(c) sought the assistance of a community organization or the news media to remedy a code violation or illegal landlord practice; or

(d) requested the landlord to make repairs to the premises as required by a building code, health ordinance, other regulation, or the residential rental agreement; or

(e) becomes a member of a tenant’s union or similar organization; or

(f) testified in any court or administrative proceeding concerning the condition of the premises; or

(g) exercised any right or remedy provided by law.

If the landlord acts in violation of this section, 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 agreement and, in either case, recover an amount equal to and not more than two 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 5-12-080 and all prepaid rent. In an action by or against the tenant, if there is evidence of tenant conduct protected herein within one year prior to the alleged act of retaliation, that evidence shall create a rebuttable presumption that the landlord’s conduct was retaliatory. The presumption shall not arise if the protected tenant activity was initiated after the alleged act of retaliation.
(Prior code § 193.1-15, Added. Council Journal of Proceedings, September 8, 1986. page 33771)

5-12-160 Prohibition On Interruption Of Tenant Occupancy By Landlord.
It is unlawful for any landlord or any person acting at his direction knowingly to oust or dispossess or threaten or attempt to oust or dispossess any tenant from a dwelling unit without authority of law, by plugging, changing, adding or removing any lock or latching device; or by blocking any entrance into said 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 removal or incapacitating of appliances or fixtures, except for the purpose of making necessary repairs; or by the use or threat of force, violence or injury to a tenant̓s person or property; or by any act rendering a dwelling unit or any part thereof or any personal property located therein inaccessible or uninhabitable. The foregoing shall not apply where:

(a) a landlord acts in compliance with the laws of Illinois pertaining to forcible entry and detainer and engages the sheriff of Cook County to forcibly evict a tenant or his personal property; or

(b) a landlord acts in compliance with the laws of Illinois pertaining to distress for rent; or

(c) a landlord interferes temporarily with possession only as necessary to make needed repairs or inspection and only as provided by law; or

(d) the tenant has abandoned the dwelling unit, as defined in Section 5-12-130(e).

Whenever a complaint of violation of this provision is received by the Chicago Police Department, the department shall investigate and determine whether a violation has occurred. Any person found guilty of violating this section shall be fined not less than $200.00 nor more than $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. If a tenant in a civil legal proceeding against his landlord establishes that a violation of this section has occurred he shall be entitled to recover possession of his dwelling unit or personal property and shall recover an amount equal to not more than two months rent or twice the actual damages sustained by him, whichever is greater. A tenant may pursue any civil remedy for violation of this section regardless of whether a fine has been entered against the landlord pursuant to this section. (Prior code § 193.1-16; Added, Council Journal of Proceedings,
September 8, 1986, page 33771; Amend, Council Journal of Proceedings, November 6, 1991, page 7218)

5-12-170 Summary Of Ordinance Attached To Rental Agreement.
The commissioner of the department of housing shall prepare a summary of this chapter, describing the respective rights, obligations and remedies of landlords and tenants hereunder, and shall make such summary available for public inspection and copying. The commissioner shall also, after the city comptroller has announced the rate of interest on security deposits on the first business day of the year, prepare a separate summary describing the respective rights, obligations and remedies of landlords and tenants with respect to security deposits, including the new interest rate as well as the rate for each of the prior two years. The commissioner shall also distribute the new rate of security deposit interest, as well as the rate for each of the prior two years, through public service announcements to all radio and television outlets broadcasting in the city. A copy of such summary shall be attached to each written rental agreement when any such agreement is initially offered to any tenant or prospective tenant by or on behalf of a landlord and whether such agreement is for a new rental or a renewal thereof. Where there is an oral agreement, the landlord shall give to the tenant a copy of the summary.

The summary shall include the following language:
“The porch or deck of this building should be designed for a live load of up to 100 pounds, per square foot and is safe only for its intended use. Protect your safety. Do not overload the porch or deck. If you have questions about porch or deck safety, call the City of Chicago non-emergency Number 3-1-1.”

If the landlord acts in violation of this section, the tenant may terminate the rental agreement by written notice. The written notice shall specify the date of termination no later than 30 days from the date of the written notice. If a tenant in a civil legal proceeding against his landlord establishes that a violation of this section has occurred, he shall be entitled to recover $100.00 in damages. (Prior code § 193.1-17; Added Council Journal of Proceedings, September 8, 1986, page 33771; Amend. Council Journal of Proceedings, May 14, 1997, page 45167; Amend. Council Journal of Proceedings, October 1, 2003, page 9191)

5-12-180 Attorney’s Fees.
Except in cases of forcible entry and detainer actions, the prevailing plaintiff in any action arising out of a landlord’s or tenant’s application of the rights or remedies made available in this ordinance shall be entitled to all court costs and reasonable attorney’s fees; provided, however, that nothing herein shall be deemed or interpreted as precluding the awarding of attorney’s fees in forcible entry and detainer actions in accordance with applicable law or as expressly provided in this ordinance.
(Added Council Journal of Proceedings, November 6, 1991, page 7219)

5-12-190 Rights And Remedies Under Other Laws.
To the extent that this chapter provides no right or remedy in a circumstance, the rights and remedies available to landlords and tenants under the laws of the State of Illinois or other local ordinances shall remain applicable. (Prior code § 193.1-18; Added Council Journal of Proceedings,
September 8, 1986, page 33771; Amend, Council Journal of Proceedings, November 6, 1991, page 7219)

5-12-200 Severability.
If any provision, clause, sentence, paragraph, section, or part of this chapter or application thereof to any person or circumstance, shall for any reason be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or invalidate the remainder of this chapter and the application of such provision to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person and circumstances affected thereby. (Prior code § 193.1-19; Added Council Journal of Proceedings,
September 8, 1986, page 33771; Amend, Council Journal of Proceedings, November 6, 1991, page 7220)