Security Deposit Law                                              Chicago Renters Rights Cases
Tenant  v. The Habitat Company

 

Chicago Renters' Rights Enforced by Class Action

     This case was filed against the 320-unit apartment tower at 5225 N Kenmore.  It is home to mostly non-English-speaking elderly and disabled individuals.  Building code violations cited against the building were allegedly not disclosed to the renters when those renters renewed their leases, as required by CRLTO § 100.  Interest was also allegedly not paid within 30 days of each 12-month rental period, as required by RLTO § 080(c)

     Because the building's title is held by a "Kenmore Plaza Tenant Association," the landlord argued the building was not covered by the RLTO.  RLTO § 020(f) says the RLTO does NOT APPLY TO:

  (f)  A dwelling unit in a cooperative occupied by a holder of a proprietary lease.

     Fortunately the landlord's argument was rejected by the court, and landlord's motion to dismiss based on the RLTO § 020(f) "co-op" exclusion was denied.

     The court also rejected the landlord's argument that it had "cured" its failure to provide disclosure of the code violations cited against the building when plaintiff signed his lease, by giving the tenant the disclosure a couple months after he asked for it. 

     Damages equal to one-month's rent for each tenant are sought under CRLTO § 100 for the landlord's alleged failure to disclose recent building code violations cited against the building when entering into leases.

     The case still pends.  If you have information about security deposit interest or undisclosed building code violations at Kenmore Plaza Apartments in Chicago, contact mark@depositlaw.com.

 

Kenmore Plaza Windows

2) Defendant's Section 2-615 motion on pre-emption is denied. 3) Defendant's Section 2-619 motion that the CRLTO is not applicable is denied. 4) Defendant's Section 2-619 motion that non-disclosure of alleged Chicago Building Code violations was cured is Denied.

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