Chicago Municipal Code

Section 7-28-100 Sale of secondhand bedding

 

   (a)   For purposes of this section, the following definitions apply:

 

   “Act” means the Illinois Safe and Hygienic Bed Act, 410 ILCS 68/1.

 

   “Bedding”, “manufacturer”, “renovator”, rebuilder”, “repairer”, “sanitizer”, and “secondhand material” have the meaning ascribed to those terms in Section 410 ILCS 68/5 of the Act.

 

   “Secondhand bedding” means bedding that is made in whole or part from secondhand material or that has been previously used or owned.

 

   (b)   Every manufacturer, renovator, rebuilder, repairer and sanitizer of bedding whose product is sold in the city shall comply with the Act.

 

   (c)   Every person who sells at retail any secondhand bedding shall post in a conspicuous location nearby the secondhand bedding a written notice in English, Spanish, Polish and Chinese that the bedding is made in whole or part from secondhand material or was previously owned or used.

 

   (d)   Every person who sells at retail any secondhand bedding shall provide to the purchaser of such secondhand bedding a written notice in English, Spanish, Polish and Chinese that the bedding is made in whole or part from secondhand material or has been previously owned or used.

 

   (e)   Every person who sells at retail any new or secondhand bedding shall inspect all material for soiling, malodor, and pest infestation, including bed bugs, prior to use, sale or distribution of the bedding.  If any material in the bedding appears to be soiled, malodorous or infested with pests, the person shall not use, sell or distribute such bedding.  If the bedding is infested with bed bugs, the person shall dispose of such bedding and material in an enclosed plastic bag and labeled as being infested with bed bugs.

 

 

Chicago Municipal Code

Section 7-28-870 Public information

 

   The commissioner shall prepare and post on the health department's publicly available website:

 

   (a)   a brochure containing, at a minimum, the following: (1) a statement that the presence of bed bugs in any building or dwelling unit is a public nuisance; (2) information on how to detect the presence of bed bugs; (3) information on how to prevent the spread of bed bugs within and between buildings; (4) a statement that tenants shall contact their landlord as soon as practicable if they suspect they have bed bugs in their dwelling unit; and (5) contact information as to where people can obtain more information; and

 

   (b)   information relating to licensing, registration or certification by the State of Illinois to perform pest control services.

 

Chicago Municipal Code

Section 7-28-880 Rules

 

 

   The commissioner of health and the commissioner of buildings shall have joint authority to promulgate rules and regulations necessary to implement this article.

 

 

Chicago Municipal Code

Section 7-28-890 Enforcement

 

 

   (a)   Inspectors from the departments of buildings and health shall have authority to inspect the interior and exterior of buildings, other structures, or parcels on which a building is located for bed bug infestation and when any evidence is found indicating the presence of bed bugs at that site and to report such evidence to the appropriate commissioner.

 

   (b)   This article may be enforced by the departments of public health or buildings.  In addition, the department of business affairs and consumer protection shall have the authority to enforce Section 7-28-860.

 

Chicago Municipal Code

Section 7-28-900 Sale of secondhand bedding

 

   Any person who violates this article shall be fined not less than $300 nor more than $500 for the first violation, not less than $500 nor more than $1,000 for the second violation within twelve-months of the first violation, and not less than $1,000 nor more than $2,000 for the third or subsequent violation within such twelve- month period.  Each day that a violation continues shall constitute a separate and distinct offense to which a separate fine shall apply.

 

Commentary

    

    This new Ordinance since December, 2013, prescribes rules for landlords about making disclosures about bedbugs, their causes, and prevention.  But if the landlord violates these rules, there is no remedy for the tenant.  There is just a potential fine payable to the City by the landlord.  Still, bedbugs are vermin, and if not cured, and if the proper advance written notice is given by the tenant, unresolved bedbug infestation could serve as a basis for a lawyer to terminate your lease legally under section 5-12-110(a) of the RLTO.