Understanding Retaliation: Chicago RLTO
Retaliation is illegal under the Chicago Residential Landlord Tenant Ordinance (“RLTO”).
What is a "protected activity" a tenant can take without being punished by their landlord?
- Requested that the landlord make repairs;
- Complained about conditions issues to the Chicago Department of Buildings by calling 311;
- Complained about the conditions issues or illegal landlord practice to a community organization or the news media;
- Ask for help from a community organization or news media to resolve conditions issues or illegal landlord practice;
- Become a member of a tenant’s union; or
- Testified in any court or administrative hearing about the conditions issues.
What is considered retaliation after the tenant takes one of the above actions in good faith?
The what (action that the landlord takes) and when (when the landlord acts) matters for determining whether the landlord retaliated in violation of the Chicago law.
What: Under the Chicago RLTO, a landlord must not knowingly:
- Terminate the lease
- Increase rent
- Decrease services (like withholding essential services or closing off the laundry room)
- Threaten to or file an eviction case
- Refuse to renew the lease
When:
- If the tenant's protected action happens after the alleged retaliation, then the landlord's action is not presumed to be retaliation.
- If the tenant's protection action happens within 1 year before the alleged retaliation, then the landlord's action is presumed to be retaliation. However, the landlord has a chance to prove their actions were not retaliatory.
To read about the options a tenant has after a landlord has retaliated in violation of the Chicago RLTO, click here.
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