LEGAL ISSUES IN
MULTI-FAMILY HOUSING
What laws apply to the Landlord Tenant
Relationship

State Laws
-Rental Property Utility Service Act (765 ILCS 735/1)
-Retaliatory Eviction Act (765 ILCS 720/1)
-Security Deposit Return Act (765 ILCS 710/1)
-Security Deposit Interest Act (765 ILCS 715/1)
-Illinois Human Rights Act (775 ILCS 5/1-101)
What laws apply to the Landlord Tenant
Relationship

Federal Laws
-United States Housing Act of 1937
-Fair Housing Act of 1964
-Section 504 of the Rehabilitation Act of 1973
-Civil Rights Act
-American with Disabilities Act
-Safe Homes Act
-Violence Against Women Act
Failure To Pay Rent

Tenant violated term and condition of lease, MUST GIVE NOTICE!!!

Types of Notices
1.
5 Day Notice (failure to pay rent) (for public housing this is 14 Day Notice)
-easiest method to proceed under
-did they pay or not
-Full payment tendered you MUST accept it
-Partial Payment tendered not required to accept it, nor will receipt of it forego their
remaining liability to pay nor waive your right to proceed
(Caveat: Know your judge!!!)
-A demand notice may include more than just rent (i.e. late fees, utilities, taxes, ins. )
American Management Consultant LLC v. Carter, 915 N.E.2d 411, 392 Ill. App. 3d 39
(3rd Dist. 2009)
Types of Notices (Continued)
2.
3.
4.
5.
10 Day Notice
(violation of t/c of lease) (for public housing this is a 30 Day Notice)
(breach needs to be substantial and material)
30 Day Notice
(no lease and you want to terminate the tenancy relationship, or they
are a hold-over tenant (meaning they have stayed longer than the
term of their previous written lease and you have not yet executed
a new written lease)
60 Day Notice
(lease requires this in anticipation of upcoming expiring lease)
5 Day Notice Pursuant to Controlled Substance and Cannabis
Nuisance Act (740 ILCS 40/11)
(in public housing the equivalent is the Zero Tolerance Rule)
Controlled Substance and Cannabis
Nuisance Act (740 ILCS 40/11)
(a) If any lessee or occupant, on one or more occasions, shall use leased
premises for the purpose of unlawful possessing, serving, storing,
manufacturing, cultivating, delivering, using, selling or giving away
controlled substances or shall permit them to be used for any such
purposes, the lease or contract for letting such premises shall, at the option
of the lessor or the lessor’s assignee, become void, and the owner or the
owner’s assignee may notify the lessee or occupant to vacate the lease
premises on or before a date 5 days after the giving of the notice.
(b) If a controlled substance is found or used anywhere in the premises of
an apartment, there is a rebuttable presumption that the controlled
substance was either used or possessed by a lessee or occupant or that a
lessee or occupant permitted the premises to be used for that use or
possession. A person shall not forfeit his or her security deposit or any part
of the security deposit due solely to an eviction under the provisions of the
Act.
Method of Service of Notice

Personal Service is the best

Abode Service is acceptable if on a resident that resides in the
premises who is in excess of 13 years of age

By mail if certified
Procedural Notes

After service of Notice wait the full time period set forth on the Notice or else your
case will be thrown out of court (Jurisdictional Requirement)

For Public Housing, allow for procedures governing grievance

File a Forcible Entry and Detainer Complaint (fancy way of saying Eviction)

Once Complaint is filed, the Tenant, or now Defendant, must be served with the
Complaint and a Summons, which is simply a piece of paper that tells the Defendant
when he has to be in court, where, and the time
Method of Service of the Complaint
-Personal Service
-Abode Service
-Constructive Service (Posting / Publishing) (TALK TO YOUR ATTORNEY)

First Appearance (know the procedure the local court uses)

Trial

Judgment……………………………………………….SO WHAT!!!!!
Collection Process

Methods of Collecting a Judgment
1. Wage Garnishment (from employer of employee’s wages)
2.
Non-Wage Garnishment (from bank out of checking or savings
account)
3. Tax Refund
4.
Voluntary Payment Order
5.
Distress Warrant
=> Be mindful of the Fair Debt Collection Act!!!
Obstacles to collecting your
judgment

Judgment Proof Defendant

Bankruptcy

Claims for Exemptions
Exemptions (735 ILCS 5/12-1001)
(a) necessary wearing apparel, bible, school books, and family pictures;
(b) debtor’s equity interest, not to exceed $4,000 in value, of any property;
( c) debtor’s interest, not to exceed $2,400 in value, in any one motor vehicle;
(d) debtor’s equity interest, not to exceed $1,500 in value, in any professional books,
or tools of the trade;
(e) professionally prescribed health aids for the debtor;
(f) life insurance proceeds;
(g) debtor’s right to receive
(1) social security benefit, unemployment compensation, or public assistance;
(2) veteran’s benefit;
(3) disability benefit;
(4) alimony, support, or separate maintenance for the support of the debtor;
(h) debtor’s right to receive, or property traceable to:
(several other areas that define exempt property)
Revival of Judgment
(735 ILCS 5/12-101)

Statute of limitations is 7 years

Provides, however, that judgment may be revived at any time
within twenty years from the date the judgment was entered
Areas of Interest

Security Deposits

Carbon Monoxide Alarm Detector Act

Holdover Tenant

Civil Bad Check Liability Statute

Elderly and Disabled Tenant’s Rights

Section 504 of the Rehabilitation Act of 1973

Safe Homes Act

Violence Against Women’s Act
Security Deposits

G/R => Tenant entitled to refund of entire amount of Security
Deposit minus normal wear and tear

G/R => If the condition of the premises is not left the same, the
landlord may hold the tenant liable for the costs of returning the
premises to such condition as allows the premises to be re-rented

Issues:-what is normal wear and tear
-can you redecorate, repaint, new carpet, etc., every time - NO
Security Deposit Return Act
(765 ILCS 710/1)

A lessor of residential real property, containing 5 or more units, who has received a security
deposit from a lessee to secure the payment of rent or to compensate for damage to the lease
property may not withhold any part of that deposit as compensation for property damage unless
he has, within 30 days of the date that the lessee vacated the premises, furnished to the lessee,
delivered in person, by mail directed to his last known address, or by electronic mail to a verified
electronic mail address provided by the lessee, an itemized statement of the damage allegedly
caused to the premises and the estimated or actual cost for repairing or replacing each item on
that statement, attaching the paid receipts, or copies thereof, for the repair or replacement if the
lessor utilizes his or her labor to repair such damage. If estimated cost is given, the lessor shall
furnish the lessee with paid receipts, or copies thereof, within 30 days from the date the statement
showing estimated cost was furnished to the lessee, as required by this Section. If no such
statement and receipts, or copies thereof, are furnished to the lessee as required by this Section,
the lessor shall return the security deposit in full within 45 days of the date that the lessee vacated
the premises.

Upon finding by a circuit court that a lessor has refused to supply the itemized statement required
by this Section, or has supplied such statement in bad faith, and has failed or refused to return the
money of the security deposit due within the time limits provided, the lessor shall be liable for an
amount equal to twice the amount of the security deposit due, together with court costs and
reasonable attorney fees.
=>This section only applies where part or all of the security deposit is retained for claimed
property damage. If there is a good faith dispute for something other than property damage
then this section does not apply.
Ex) If a landlord withheld the deposit as a set-off against damages which it
considered due based on an alleged breach of the lease, then if the court agrees with
landlord, the section will not apply.
Applegate v. Inland Real Estate Corporation, 109 Ill. App. 3d 986, 441 N.E.2d 379 (2nd Dist.
1982);
Hayward v. Tinervin, 123 Ill. App. 3d 302, 462 N.E.2d 896 (4th Dist. 1984) (Burden of proof as to
the reason the money is being withheld is on the landlord)
Ikari v. Mason Properties, 314 Ill. App. 3d 222, 731 N.E.2d 975, 247 Ill. Dec. 202 (2nd Dist. 2000).
=>Twice the amount of the security deposit due only applies to the amount of the security
deposit withheld, not the entire amount of the security deposit
Ikari v. Mason Properties, 314 Ill. App. 3d 222, 731 N.E.2d 975, 247 Ill. Dec. 202 (2nd Dist. 2000).
=>These provisions cannot be waived even if there is a waiver clause or provision in the lease
that was signed by the parties. Wang v. Williams, 343 Ill. App. 3d 495, 797 N.E.2d 179 (5th Dist.
2003).
=>Rationale = benefit of the general public and thus public policy
Security Deposit Interest Act
(765 ILCS 715/1)

A lessor of residential real property, containing 25 or more units in either a single
building or a complex of buildings located on contiguous parcels of real
property, who receives a security deposit from a lessee to secure the payment
of rent or compensation for damage to property shall pay interest to the lessee
computed from the date of the deposit at a rate equal to the interest paid by
the largest commercial bank, as measured by total assets, having its main
banking premises in this State on minimum deposit passbook savings accounts
as of December 31 of the calendar year immediately preceding the inception
of the rental agreement on any deposit held by the lessor for more than 6
months. (765 ILCS 715/2)

The lessor shall, within 30 days after the end of each 12 month rental period, pay
to the lessee any interest, by cash or credit to be applied to rent due, except
when the lessee is in default under the terms of the lease.

A lessor who willfully fails or refuses to pay the interest required by this Act shall,
upon a finding by a circuit court that he has willfully failed or refused to together
with court costs and reasonable attorney’s fees. (765 ILCS 715/3)

This Act does not apply to any deposit made with respect to public housing.
Carbon Monoxide Alarm Detector Act
(430 ILCS 135/10)
Primary features of law are:

Every “dwelling unit” must be equipped with at least one operable carbon
monoxide alarm within 15 feet of every room used for sleeping purposes.

The alarm may be combined with smoke detecting devices provided the unit
complies with respective standards and the alarm differentiates the hazard.

A "dwelling unit" means a room or suite of rooms used for human habitation, and
includes single family residences, multiple family residences, and mixed use
buildings.

If a structure contains more than one "dwelling unit," an alarm must be installed
within 15 feet of every sleeping room in each "dwelling unit."

The owner must supply and install all required alarms. A landlord must ensure
that the alarms are operable on the date of initiation of a lease. The tenant is
responsible for testing and maintaining the alarm after the lease commences.
Carbon Monoxide Alarm Detector
Act (Continued)

A landlord is required to furnish one tenant per dwelling unit with written information
regarding alarm testing and maintenance.

The carbon monoxide alarms required under this Act may be either battery powered,
plug-in with battery back-up, or wired into the structure’s AC power line with
secondary battery back-up.

Willful failure to install or maintain in operating condition any alarm is a Class B
criminal misdemeanor. Tampering with, removing, destroying, disconnecting, or
removing the batteries from any installed carbon monoxide alarm, except in the
course of inspection, maintenance, or replacement of the alarm, is a Class A
misdemeanor in the case of a first conviction and a Class 4 felony in the case of a
second subsequent conviction.

The Act does exempt certain residential units from the requirement. Those residential
units in a building that (i) does not rely on combustion of fossil fuel for heat, ventilation
or hot water; (ii) is not connected to a garage; and (iii) is not sufficiently close to any
ventilated source of carbon monoxide to receive carbon monoxide from that source
OR a residential unit that is not sufficiently close to any source of carbon monoxide so
as to be at risk of receiving carbon monoxide from that source, as determined by the
local building commissioner shall NOT require carbon monoxide detectors.
Elderly and Disabled Tenant’s Right
to have a pet

The amendments to the 1983 Housing Act allow tenants to have a
pet as long as they live in federally subsidized housing for elderly
and handicapped tenants. 12 U.S.C. § 1701r-1.

HUD has issued guidelines that regulate the keeping of the pet.
24 C.F.R. § 5.300.
-tenant must inform management of the pet;
-pet must not disturb neighbors or damage building;
-tenant must be informed of rules that apply;
-tenant may be required to post an additional security deposit;
Section 504 of the Rehabilitation Act of
1973 (Reasonable Accommodations)

The Fair Housing Act prohibits discrimination in housing on the basis of
race, color, religion, sex, national origin, family status, and disability.

One type of disability discrimination prohibited by the Act is the refusal
to make reasonable accommodations in rules, policies, practices, or
services when such accommodations may be necessary to afford a
person with a disability the equal opportunity to use and enjoy a
dwelling.

The Act defines a person with a disability to include:
(1) individuals with a physical or mental impairment that substantially
limits one or more major life activities;
(2) individuals who are regarded as having such an impairment; and
(3) individuals with a record of such an impairment.
Safe Homes Act

Problems Prior to Safe Homes Act
-A tenant who was a victim of domestic or sexual violence had no
way to leave unsafe rental housing without paying for the rest of
the lease unless the landlord agreed to let them end their lease
early
-Before the passage of the Safe Homes Act, victims who fled
unsafe apartments could still be liable for rent and damages
accrued after their departure
Purpose of the Safe Homes Act

To enable victims of domestic and sexual violence and their families
to flee existing dangerous rental housing or make their current
housing safe.
What Does the Safe Homes Act Do

This law allows tenants and members of their households who have
suffered violence to
-Vacate their housing and terminate the lease early to protect their
physical safety and emotional well-being.
-Require Landlords to change the locks on an emergency basis to keep
the perpetrator out of the home.
What Type of Housing is Covered

All private-market rental housing regardless of size

All subsidized rental housing, including Section 8 Housing Choice
Vouchers and project based housing

Public Housing is NOT covered by the Safe Homes Act
Ending the Lease Early – Domestic
Violence and Sexual Violence
For Oral or Written leases:

A tenant or any member of their household who is a victim of
violence can end their lease early, even if the perpetrator is a
member of the household, if:
-There is credible imminent threat of future harm
-The incident will occur on the premises
-The tenant provides written notice of their fear of future harm to
the landlord or property manager 3 days before or after they
vacate the residence
-No additional proof is required
Credible Imminent Threat

The abuser comes to the tenant or household member’s job and
they fear the abuser will come to their home

A stalker stands across the street from the tenant or household
member’s apartment

An abusive ex-boyfriend finds out where the tenant lives

The tenant is sexually assaulted on the premises and the perpetrator
has not been caught by the police
Ending the Lease Early
For Oral or Written Leases

Sexual violence victims can leave their apartment early, even if they
CANNOT show a credible imminent threat of future harm if:
-The sexual assault occurred on the premises AND
-They provide written notice 3 days before or after leaving the
premises, PLUS
-Evidence of the sexual assault within 60 days or as soon as possible
(ex. Police report, medical records, court records, or statement
from victim services organization)
On the Premises

Can be anywhere in or around the building
-ex) hallway, laundry room, backyard, garage, parking lot, street,
sidewalk

In the case of a stalker, if the stalker is stationed across the street
-If the perpetrator knows the area where the victim lives there is a threat of
harm “on the premises”
Written Notice
Examples of acceptable description of credible imminent threat in
written notice:
-”My husband just got out of jail and found out where I live. He said
he would find me and kill me. I have to leave with my kids.”
-”My boyfriend sexually assaulted me in my apartment last night
and I don’t feel safe here anymore. I plan to leave as soon as
possible.”
Tips on Ending Your Lease Early

Victims must remove all of their belongings and surrender the keys to
the landlord or property manager. This shows that they have given
up the apartment.

Victims should be sure to indicate the date that they are sending
the letter.

Victims should keep a copy of the written notice. Victims with
Section 8 vouchers should notify their local housing authority
administrator immediately of their intent to use the Safe Homes Act.
Protections in Civil Court

If a landlord sues the victim for the remainder of rent due after the
victim has moved, the Safe Homes Act is an affirmative defense.

If the victim has properly exercised their rights under the Safe Homes
Act, the victim does not owe the rent that accrued after leaving the
apartment.

NOTE: Victim’s court costs and attorney fees are NOT covered.
Lock Changes: Written Leases,
Perpetrator NOT on Lease

Victims with written leases where the perpetrator is NOT on the lease
can ask for a lock change from their landlords:
-Request must be from all parties on the lease
-Request must be in writing and due to credible imminent threat of
violence against a tenant or a member of the tenant’s household
-Notice must include one form of evidence
ex) police report, medical records, statement from victim services
organization
Lock Changes: Written Leases,
Perpetrator On the Lease

If perpetrator is on the written lease, required notice to the landlord
requesting lock change must include:
-A request from all parties on the lease except the perpetrator or person
posing threat of violence
-Request must be in writing and due to credible imminent threat of
violence against a tenant or a member of the tenant’s household
-Notice must include: a Plenary Order of Protection or a Plenary Civil No
Contact Order granting tenant exclusive possession of the premises
Lock Changes: Oral Leases

Victims with oral leases may request a lock change from their
landlords
-A request from all parties on the oral lease, except the perpetrator
or person posing threat of violence
-Request must be in writing and due to credible imminent threat of
violence against a tenant or a member of the tenant’s household
-Notice must include: a Plenary Order of Protection or a Plenary
Civil No Contact Order granting tenant exclusive possession of the
premises
Lock Changes: Landlord
Responsibilities

One the landlord has received notice of a request for lock change
plus evidence
-The landlord shall, within 48 hours, change the locks OR
-Give tenant permission to change the locks within 48 hours

Whoever changes the locks shall make a good faith effort to give a
new copy of the key to the other party as soon as possible but not
more than 48 hours later

If the landlord refuses or does not respond within 48 hours, the
tenant may change the locks without the landlord’s permission or
sue the landlord in court to change the locks
Lock Change (Continued)

Tenants who successfully bring suit against the landlord for refusal to
change the locks are entitled to attorney fees and court costs

In all cases (unless the lease states otherwise) the tenant is
responsible for the cost of the lock change

If tenant changes the locks, tenant must ensure lock change is done
in a workmanlike manner
Nondisclosure and Confidentiality

A landlord may not disclose to a prospective landlord that
-A tenant or a member of a tenant’s household exercised their rights
under the Act
-Any information provided to the landlord by the tenant or a member
of the tenant’s household
Unless -the tenant or member of the household consents in writing
-disclosure is otherwise required by law

A victim who uses the Safe Homes Act does not waive confidentiality

A landlord who discloses that a tenant has used the Safe Homes Act is
liable for actual damages resulting from disclosure up to $2,000

A tenant who successfully brings an action pursuant to this section may
be awarded reasonable attorney’s fees and costs
Violence Against Women’s Act

Applies to
-Tenants in Public Housing
-Project-based Section 8 Housing
-Section 8 Vouchers
Purpose

To reduce domestic violence, dating violence, and stalking, and to
prevent homelessness by:
-Protecting the safety of victims in their homes
-Ensuring the victims’ meaningful access to the criminal justice
system without jeopardizing their housing
-Creating long-term housing solutions
-Building collaborations among victim providers and housing
agencies to provide services, training, and interventions
-Enable Public Housing Authorities and landlords to respond
appropriately to violence while maintaining safe housing for
everyone
Admissions

Public Housing Authorities / voucher administrators / owners
CANNOT use an applicant’s history of domestic violence, dating
violence, or stalking or the fact that they are currently experiencing
violence as a reason to deny housing assistance if they otherwise
qualify
Termination

Cannot terminate assistance due to
-Actual or Threatened violence
-Criminal activity directly relating to violence, by a member of a
tenant’s household, any guest, or other person

Must honor court orders regarding the property or who has a right to
the housing, including orders of protection, and stalking / no
contact orders
Termination (Continued)

BUT CAN terminate assistance if
-It is a lease violation NOT based on act of violence against the tenant or
member of the tenant’s household
-Able to demonstrate an ACTUAL AND IMMINENT threat to other tenants or
those employed at or providing service to the property if that tenant stays
at their current housing

The standards for eviction or termination CANNOT be higher for
victims of domestic violence, dating violence or stalking than for
other residents

Other remedies may be appropriate before termination of
assistance is considered
ex) moving the victim
Removing the Abuser

CAN terminate assistance / evict the abuser ONLY

Can provide separate leases / housing to both
(But why would you want to, only setting yourself up for more problems)

The victim’s housing will not be affected by termination proceedings
against the abuser
Notice Requirements

If the victim is asserting the Violence Against Women Act to stop
eviction, termination, or admission denial, the Public Housing
Authority or the owner of the property can require the victim, within
14 days of written notice, to provide one of the following:
-HUD form of “bona fide” incident where the perpetrator is named
-3rd party evidence from medical, legal, or victim organization under
penalty of perjury
-court or police record
-Self-certification
Confidentiality

Information given to any housing provider or property manager,
including the fact that an individual is a victim of violence, must be
kept confidential

NOT entered into shared databases

NOT provided to any other entity
Unless
-disclosure is requested by the victim
-otherwise required by law
Notice to Tenants / Public Housing
Authority Plans

Housing Authorities and Project Based Section 8 owners MUST notify
tenants of their Violence Against Women Act rights

Contracts and leases should contain Violence Against Women Act
language

Public Housing Authority annual and five year plans must include
information about the Violence Against Women Act and show how
they will work with providers

Project Based Section 8 owners should include information about
the Violence Against Women Act in their Tenant Selection Plans /
House Rules
Todd Eyler
Pollock, Ennis & Heck
300 North Sixth Street
Quincy, Illinois 62301
Telephone: 217-222-4173
Fax: 217-222-2547
Email: heck_eyler@yahoo.com