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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:
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(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.
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