It is a defense to a building code violation if we can prove 1) the building code violation alleged in the notice did not in fact exist at the time of the inspection resulting in the notice; 2) At the time of the hearing on the issue of whether the building code does or does not exist, the violation has been remedied or removed; 3) The building code violation has been caused by the current building occupants, or the most recent occupants who have been evicted within 30 days of the date of the notice of building code violations, and that in spite of reasonable attempts by the owner, manager or person exercising control to maintain the building free of such violations, the current or evicted occupants caused the violations; and 4) An occupant or resident of the building has refused entry to the owner or his agent to all or a part of the building for the purpose of correcting the building code violation.
If you have been cited by the City of Chicago for building code violations, contact us as soon as possible. We can be reached via email at admin@millerbammi.com or via phone at 312-238-9298.
Please note this is intended to give general information to the public. Although the information is generally accurate, it cannot be guaranteed and this information should not be construed as legal advice upon which a reader can rely. In all cases, please consult a lawyer before acting. This is intended to be advertising, and not solicitation, or legal advice.
Thursday, September 24, 2009
Thursday, September 17, 2009
Chicago Building Code Violations
If you have been cited with a building code violation in the City of Chicago, you should consult with an Attorney. Having an attorney represent you may result in a reduction of your fines. The City of Chicago will have an Attorney working hard on their side - so should you. As soon as you get a citation, contact us immediately.
Miller Bammi LLC, a full service Chicago-based law firm, focuses on Chicago evictions, Chicago building code violations, residential and commercial closings and loan modifications, contract related matters, business formations, general litigation, estates and trusts and other areas. Contact us at admin@millerbammi.com or 312-238-9298.
Please note this is intended to give general information to the public. Although the information is generally accurate, it cannot be guaranteed and this information should not be construed as legal advice upon which a reader can rely. In all cases, please consult a lawyer before acting. This is intended to be advertising, and not solicitation, or legal advice.
Miller Bammi LLC, a full service Chicago-based law firm, focuses on Chicago evictions, Chicago building code violations, residential and commercial closings and loan modifications, contract related matters, business formations, general litigation, estates and trusts and other areas. Contact us at admin@millerbammi.com or 312-238-9298.
Please note this is intended to give general information to the public. Although the information is generally accurate, it cannot be guaranteed and this information should not be construed as legal advice upon which a reader can rely. In all cases, please consult a lawyer before acting. This is intended to be advertising, and not solicitation, or legal advice.
Friday, September 11, 2009
Landlords - Be aware of building code violations and tenants
5-12-100 Notice of Conditions Affecting Habitability (the Chicago Residential Landlord Tenant Ordinance)
Before a tenant initially enters into or renews a rental agreement for a dwelling unit, the landlord or any person authorized to enter into a rental agreement on his behalf shall disclose to the tenant in writing:
(a) Any code violations which have been cited by the City of Chicago during the previous 12 months for the dwelling unit and common areas and provide notice of the pendency of any code enforcement litigation or compliance board proceeding pursuant to Section 13-8-070 of the municipal code affecting the dwelling unit or common area. The notice shall provide the case number of the litigation and/or the identification number of the compliance board proceeding and a listing of any code violations cited.
(b) Any notice of intent by the City of Chicago or any utility provider to terminate water, gas, electrical or other utility service to the dwelling unit or common areas. The disclosure shall state the type of service to be terminated, the intended date of termination; and whether the termination will affect the dwelling unit, the common areas or both. A landlord shall be under a continuing obligation to provide disclosure of the information described in this subsection (b) throughout a tenancy.
If a landlord violates this section, the tenant or prospective tenant shall be entitled to remedies described in Section 5-12-090 of the Chicago Residential Landlord Tenant Ordinance.
Miller Bammi LLC can help you with your building code violations and landlord-tenant disputes. We can be reached via email at admin@millerbammi.com or via phone at 312-238-9298.
Please note this is intended to give general information to the public. Although the information is generally accurate, it cannot be guaranteed and this information should not be construed as legal advice upon which a reader can rely. In all cases, please consult a lawyer before acting. This is intended to be advertising, and not solicitation, or legal advice.
Before a tenant initially enters into or renews a rental agreement for a dwelling unit, the landlord or any person authorized to enter into a rental agreement on his behalf shall disclose to the tenant in writing:
(a) Any code violations which have been cited by the City of Chicago during the previous 12 months for the dwelling unit and common areas and provide notice of the pendency of any code enforcement litigation or compliance board proceeding pursuant to Section 13-8-070 of the municipal code affecting the dwelling unit or common area. The notice shall provide the case number of the litigation and/or the identification number of the compliance board proceeding and a listing of any code violations cited.
(b) Any notice of intent by the City of Chicago or any utility provider to terminate water, gas, electrical or other utility service to the dwelling unit or common areas. The disclosure shall state the type of service to be terminated, the intended date of termination; and whether the termination will affect the dwelling unit, the common areas or both. A landlord shall be under a continuing obligation to provide disclosure of the information described in this subsection (b) throughout a tenancy.
If a landlord violates this section, the tenant or prospective tenant shall be entitled to remedies described in Section 5-12-090 of the Chicago Residential Landlord Tenant Ordinance.
Miller Bammi LLC can help you with your building code violations and landlord-tenant disputes. We can be reached via email at admin@millerbammi.com or via phone at 312-238-9298.
Please note this is intended to give general information to the public. Although the information is generally accurate, it cannot be guaranteed and this information should not be construed as legal advice upon which a reader can rely. In all cases, please consult a lawyer before acting. This is intended to be advertising, and not solicitation, or legal advice.
Tuesday, September 8, 2009
If your tenant has complained to the city...
If your tenant has complained to the city and you were then cited with building code violations, do not retaliate against the tenant. No action for eviction, increase of rent, etc should be threatened or instituted against the complaining tenant. If you do retaliate, you could end up owing money to the tenant under the Chicago Residential Landlord Tenant Ordinance.
Miller Bammi LLC can help you with your building code violations. We can be reached via email at admin@millerbammi.com or via phone at 312-238-9298.
Please note this is intended to give general information to the public. Although the information is generally accurate, it cannot be guaranteed and this information should not be construed as legal advice upon which a reader can rely. In all cases, please consult a lawyer before acting. This is intended to be advertising, and not solicitation, or legal advice.
Miller Bammi LLC can help you with your building code violations. We can be reached via email at admin@millerbammi.com or via phone at 312-238-9298.
Please note this is intended to give general information to the public. Although the information is generally accurate, it cannot be guaranteed and this information should not be construed as legal advice upon which a reader can rely. In all cases, please consult a lawyer before acting. This is intended to be advertising, and not solicitation, or legal advice.
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