General Real Estate; News @ 11 Dec 2007 08:51 pm by judyorr
Today is a bad day for me to be sitting home with a fever, hacking cough, sore throat, runny nose and a raspy, breaking voice. This is the first time I’d like to be at Oak Lawn Village Hall for a governmental affairs meeting. As bad as I feel, I thought I’d at least do something from home, so I’m writing this post.
I was informed about this new ordinance from my association with my local real estate board. I have received several e-mails with a call to action. I was appalled at certain aspects of this ordinance and took the time to send an e-mail to the mayor and other elected officials. You can find their e-mail addresses here.
I not only sell real estate in Oak Lawn but I’m also a resident. I grew up here (as did my husband) and have lived in Oak Lawn, past and present, for many years. This is not about loss of commissions to me, but is about property owner rights.
I’m not going to write the entire ordinance revisions in this post but you can read it in pdf format by clicking here. For many of us it isn’t easy reading with all the legal mumbo jumbo. Of course, the first paragraph reminds us that Oak Lawn is a home rule unit and as such “may exercise any power and perform any function pertaining to its government and affairs…”
It then goes on to mention maintenance of property in the village and then specifies rental property. Then it goes to the General Maintenance Regulations. We certainly want property owners to keep their homes and buildings up to code and safe for inhabitants and neighbors. But at what cost?
Look at the addition under Section 104.9 - Inspections authorized. Many towns I sell real estate in have “point of sale” inspections. I don’t know the rules in every single town I sell in, but I don’t know of any suburb (or even the city of Chicago) that requires an annual inspection of rental properties. You have to pay a fee for this but you also have to pay a fee to obtain a Residential Rental License. That’s right, you will now have to be licensed to become a landlord in Oak Lawn. Then you have to have your property inspected every year and will have to pay for that inspection. You might also have to pay for a reinspection after you have paid to make repairs deemed necessary by the inspector.
Another thing is that even your tenants have to deal with this. Sounds like if you’re due for your annual inspection, you must advise your tenant that they have to let the inspector in. If the Code Official is refused access by the owner or tenant, then a search warrant will be issued!
I’m not even going to write PM-106.4 which lists the violation fees that could be collected. Not fun to be a landlord in Oak Lawn anymore (is being a landlord ever really fun)!
I can understand boarding up vacant and condemned buildings. No questions there. There’s an entire section that seems mostly reasonable.
But then you once again read “Rental Occupancy Permits for Residential Units“. I apologize if I misread things but I’m not sure if the annual inspection is in addition to a new rental inspection. But every time you rent to a new tenant you need to pay for an inspection and obtain the permit. In fact, the tenant even has to sign the Rental Occupancy Permit. That’s in addition to your lease.
This ordinance pertains to rentals of single family residences, individual apartments or rooms and condominiums. Keep reading and you’ll finally find the inspection fees. There is something mentioned that if an inspection passes then the building will be exempt from the next four annual inspections. The inspection fee is due whether there is a passing or failing report.
The next point of discern is the Public Nuisance section. Our local real estate board feels that instructions are not as clear cut as they should be. It seems that the property owner could lose a lot of money (besides eviction costs) for renting to a tenant that turns out to be a “public nuisance.”
All in all, our local board questions whether landlords and tenants are given due process by these heavy handed ordinances. Much of the proposal is vague and badly worded. It is questionable that the provisions regarding health and safety inspections fall under Illinois law. Fees sound like they will be repetitive and costly, especially when reinspections are necessary.
I’m Not A Landlord So Why Should I Care?
If such a strict ordinance passes for rental properties, owner occupied properties might be next. A town with such authoritarian ordinances could be affected by making it very difficult to sell rental properties in the village as Oak Lawn will get a negative reputation to prospective landlords.
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