When buildings are rehabbed, tenants would have a right to return with costs covered for additional rent and moving in a temporary unit.  Tenants who choose not to return or who can't return in the case the a unit is being completely removed would be provided relocation assistance.  Onsite support would be provided for tenants to assist in plans for moving.  Tenants would have input into rehabs.

Item descriptioIf a current building needs to be rehabbed or a new building is purchased with existing tenants that needs to be rehabbed, all tenants will have a right to return unless their unit is being completely eliminated in the rehab.

• If a tenant chooses not to exercise their right to return because multiple moves are too disruptive for their family or other reasons, they can opt-out of the right to return at the time when they must move for the rehab.  If they opt-out, they will receive:

  • Six times the median rent for a unit of the same bedroom size increased by $2,500 for any household with children, seniors, or a person with disabilities

• If a tenant is forced to move out permanently because their unit will be eliminated they will receive:

  • Twelve times the median rent for a unit of the same bedroom size increased by $2,500 for any household with children, seniors, or a person with disabilities.

  • First preference for other available RIC units for which they qualify

• For tenants that exercise their right to return, management must provide comparable temporary accommodations defined as “a substantially similar unit in terms of the size of the unit, building facilities, costs, and location within the city.”  Management must provide reasonable moving expenses including costs associated with transferring of utilities and internet and pay the difference between current rent and rent in temporary unit.  Tenants displaced will have a guaranteed right to return except in cases where the unit is completely eliminated. Existing tenants in purchased buildings do not have to meet screening criteria to return.

• When a building is being rehabbed and everyone must move: 

  • The owner/developer must have a relocation coordinator for every building that can answer relocation-related questions and concerns for tenants at regular office hours 

  • The owner/developer must offer to meet and be available to meet individually with each tenant household if they choose to create a moving plan at least 120 days before the relocation begins, and again between 7 and 80 days prior to review the relocation plan again. 

  • Provide language access with all meetings and materials

  • The owner/developer must provide tenants with moving supplies including boxes, tape, insulation, and scissors. The owner/developer must pay or reimburse tenants for the cost of packing and moving items within 30 days of the completed move. 

  • Contractors must be informed and included in decision making about moving plans

  • Tenant Involvement- The Corporation will conduct a thorough community listening and visioning process with existing tenants that allows them to voice their thoughts and provide meaningful feedback and direction on the designing and development of these modifications. They will have the opportunity to speak with developers and shape the redesign process as it occurs. Input on sustainability features, unit size and amenities, etc.n

• Criminal Background Screening

  • No criminal background screening will be conducted

• Eviction screening

  • No eviction screening will be conducted

• Credit Screening

  • No eviction screening will be conducted

• Denials: Potential tenants must be informed in writing of why they are denied

Leases must be renewed except for a small set of exceptions related to non-payment of rent or lease violations. Rent increases must have a rationale and tenants receive 90-120 days notice depending on the circumstance.

IRIC/owner can only terminate a lease, not renew a lease, or evict tenants in cases of (a) Repeated non-payment of rent, after failure to abide by all reasonable good faith attempts to come to an alternate or deferred payment agreements (b) material noncompliance (violating the lease, using the unit for criminal activity, or unreasonably denying the landlord access to the unit), (c) tenant refusal to renew the lease after the landlord’s request, and (d) removal or demolition of unit. 

• Eviction notices must be sent by certified mail or other official mechanisms to ensure validity. 

• Rents for affordable units can only increase according to the annually released AMI rents by DOH

• RIC/owner must provide 90 days’ notice of a rent increase under 10% when the tenant has lived there for 3 years or less, and 120 days’ notice of a rent increase under 10% when the tenant has lived there for more than 3 years or above 10% when the tenant has lived there for any amount of time. 

• Rent increases  must have a documented increase in expenses due to repairs, property tax increase etc as a reason for the increase in rent

  • A detailed justification shall include but is not limited to notification of living condition improvements such as updated amenities or building repairs. Included in this would be the associated cost of these improvements and their contribution to the resulting rental cost increases."

• The Corporation shall review evictions from each development annually and require at least quarterly reports from property managers on evictions in their properties, including a breakdown of demographics of those impacted, and breaking down percentages of tenants of Market-Rate, Affordable and Deeply Affordable Units. The Board shall develop policy as needed to prevent the emergence of discriminatory patterns in evictions and/or eliminate such patternstem description

Tenant's rent will increase over two years if they move into a new AMI bracket and the next unit available will be rented to someone at the original income level. If a tenant's rent decreases, attempt will be made when possible to change their unit to a lower income unit type.

• Tenants of Deeply Affordable, Affordable and Market Rate units shall only be required to provide proof of income at move in and be recertified every 3 years moving forward. 

• If a tenant in an affordable unit’s income increases, they do not have to leave the unit.

  • Rent will go up to the level of their new AMI.  The rent increase will take place over 2 years with 50% of the difference each year.  The next available unit is rented to someone at the original income level (maintain income flow and affordability)

    • Ex.  Tenant A is an 50% AMI tenant and their income goes up to 80% of AMI.  Their rent goes up to 80% of AMI level over two years and the next affordable unit is rented at 50% of AMI

• If an affordable tenant’s income decreases and they can no longer afford the unit they are in, when the next affordable unit available for which they are income eligible becomes available, then their unit will be converted to the lower income unit, and the lower income unit will be converted to the AMI they were originally at.  If a tenant who is at 30% of AMI and is not in a subsidized unit has a decrease in income or someone is at a higher AMI and there is no affordable unit, attempts will be made to find temporary assistance and/or a rental subsidy so they can stay in the unit.

• If a market rate tenant’s income decreases and they can no longer afford the market rate rent and there is an affordable unit available for which they are income eligible, their unit can be converted to an affordable unit and the available unit becomes market ratetem description

Maintenance Concerns Escrow Accounts will be established at a non-profit partner and tenants can vote to send rent to the escrow account if property management is not making needed repairs.

• The Board of the RIC shall select a community partner with experience representing tenants in disputes with landlords and property management entities to serve as an escrow holding agency for the purposes of Maintenance Concerns Escrow Accounts. 

• A Maintenance Concerns Escrow Account is an account held by a non-profit third-party, that residents of Developments may collectively elect to send rent to in the event that property management does not respond to a demand to make repairs

• If the building management fails to maintain anything in this list enumerated in the Chicago Landlord Tenant Ordinance, then the tenant union, tenant governance committee, or tenants in the building can provide notice to landlords about the repairs needed.  If after 14 days the repairs are not done, they can take a vote to withhold rent.  If a majority of the building or 75% of affordable tenants vote, then rents can be paid into the escrow account until such time as the property management/Board of the RIC have satisfactorily addressed concerns. 

• If the building management fails to supply heat, running water, hot water, electricity, gas or plumbing then the tenant union, tenant governance committee, or tenants in the building can provide notice to landlords about the repairs needed.  If after 24 hours the repairs are not done, they can take a vote to withhold rent.  If a majority of the building or 75% of affordable tenants vote, then rents can be paid into the escrow account such time as the property management/Board of the RIC have satisfactorily addressed concerns. 

• In either case, at the time of notification of the building management company of the problem, the RIC or building owner will be notified and a request for a formal review will be made

• No late fees or other penalties may be leveled against tenants paying money into their MCEA and no retaliation can be made against tenants paying into the MCEA

• Tenants vote to verify repairs have been made and rent is returned to property managertem description

• Must be non-profit, mission driven to serve the residents and the community.

• Must be vetted by RIC for financial stability, any flags on  management team, outstanding litigation, training programs for its building management and maintenance staff, overall reputation in the community

• Must offer services to residents such as assistance with paperwork for government and community programs and adding or changing utility needs, and arrange for needed services like transportation to doctor appointments, grocery shopping, etc.

• Must be chosen by an RFP process

• Contract to specify agreement to all rules of RIC and any applicable city, county, state, federal relevant statutes

• Contract must include enforcement mechanisms and provisions for contractual non-compliance