Chicago Department of Buildings: Why Did the City Nonsuit the Administrative Hearing

Administrative Hearings serve as a means to address building code violations that fall between simple maintenance issues and dangerous or hazardous conditions.

The Department of Law prosecutor can file a motion to "nonsuit" an Administrative Hearing case. The Administrative Law Judge may grant this motion in several situations:

  • Incorrect Ownership: The complaint is filed against the wrong person.
  • Escalation to Circuit Court: The Department of Buildings wants to move the case to Circuit Court for further action.
  • Timely Resolution: If the owner provides proof of fixing the violations within a reasonable timeframe, the case can be nonsuited.
  • Alternative Resolution: The Department of Buildings may choose to work directly with the owner outside the judicial system.

If the case is nonsuited because of incorrect ownership, the prosecutor can request that the case be refiled against the correct owner. This ensures fairness and accuracy in addressing building code violations.

The above article provides information about legal issues but is not the same as legal advice. Legal advice is when a lawyer applies the law to your specific situation. The information in this article does not replace the advice or representation of a licensed attorney. Law Center for Better Housing cannot guarantee the accuracy or completeness of the information in this article and is not responsible for any consequences that may result from using it. You should consult with a licensed attorney to ensure the information in this article is appropriate for your specific situation. Using the information in this article does not create a relationship between Law Center for Better Housing and you as your attorney.

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