Elgin — Ch. 6.37 Rental Residential Property § 6.37.040
License required
Operative Text
A. It is unlawful for any person, firm, partnership, corporation or other legal entity to operate, maintain or offer to rent within the city a rental residential property whether vacant or not without first obtaining a license as provided in this chapter. B. It is unlawful for a person to occupy a rental residential property, or for any owner or property agent to allow anyone to occupy a rental residential property which is not licensed as provided in this chapter. C. It is unlawful for any person, firm, partnership, corporation or other legal entity to offer for rent or to occupy any vacant dwelling unit or rooming unit or any dwelling unit or rooming unit that becomes vacant in a rental residential property for which a license is under suspension. D. This chapter shall not apply to the following structures: 1. Single-family owner-occupied dwellings. 2. Single-family dwellings occupied by a member of the owner's immediate family (see definition of Family in section 6.37.030 ). 3. Single-family dwellings which are vacant, but which are not intended to be let for rent (active military deployed overseas, etc.). 4. Townhouse and condominium owner-occupied dwellings. 5. Hotels, motels and bed and breakfast inns. 6. Dwellings, buildings, structures and uses licensed and inspected by the state or the federal government, including, but not limited to, nursing homes, retirement centers, rest homes, etc. 7. Dwellings, buildings, structures and uses owned by other governmental agencies and public housing authorities. 8. Single-family and two-unit rental residential properties, lawfully established as either a lawful conforming or lawful nonconforming use, in which each dwelling unit is occupied by the owner or a member of the owner's immediate family. 9. Single-family homes, vacant and actively listed for sale. The city may require additional evidence and/or documentation that demonstrates the applicability of any of the foregoing exceptions, including, but not limited to, affidavits, birth certificates, state-issued identification, etc. E. A license and associated fees for a rental residential property cannot be transferred to another rental residential property, nor a succeeding owner. In the event that a rental residential property is owned by a corporation or other business entity and such company/business changes its name, a new license and associated fees will be required. However, in such circumstances, if the owner of the property will remain the same following the name change and the name change is occurring within six (6) months of a prior violation-free inspection, no additional inspection will be required.
Elgin's Ch. 6.37 Rental Residential Property § 6.37.040 establishes that any rental residential property operating within the city must hold a valid license before it is rented, occupied, or even offered for rent. Operating, maintaining, or allowing occupancy of an unlicensed rental unit is prohibited, as is renting or occupying any unit in a property whose license is under suspension. Certain property types are exempt from this requirement, including owner-occupied single-family homes, hotels and motels, and state- or federally-licensed facilities, among others. Licenses are tied to a specific property and owner and cannot be transferred when the property changes hands or, in most cases, when a business entity changes its name.
Plain English — not legal advice.
Under § 6.37.040, compliant rental property operators in Elgin secure a valid license for each covered rental residential property before advertising, renting, or allowing occupancy of any unit. Operators also refrain from renting or permitting occupancy of any unit in a property whose license is suspended, and they obtain a new license whenever ownership transfers or a business entity undergoes a name change. When claiming an exemption—such as owner-occupancy or immediate-family occupancy—operators are prepared to provide supporting documentation, such as affidavits or state-issued identification, if the city requests it.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 6.37.040 makes it unlawful for an owner or property agent to allow anyone to occupy a rental residential property that lacks a valid city license, which means tenants have a basis to inquire about a property's licensing status before or during occupancy. If a tenant believes they are living in an unlicensed rental unit in Elgin, they may consider contacting the city's code enforcement or licensing office to verify the property's status or report a potential violation. Tenant-rights organizations familiar with Elgin's rental regulations can help explain what options may be available when a landlord is found to be operating without the license required by Ch. 6.37.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 6, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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