Evanston, Ill., City Code § 5 § 5-3-7-4
WRONGFUL FAILURE TO SUPPLY ESSENTIAL SERVICES (Evanston Housing Regulations)
Operative Text
Evanston, Ill., City Code § 5 § 5-3-7-4
(A) If, contrary to the rental agreement, the housing provider fails to supply heat, running water, hot water, electricity, gas, plumbing, air conditioning, or internet access, the tenant may: 1. Deliver a written notice to the housing provider specifying the service to be restored, that the service must be restored within seven (7) days of delivery of the notice, and that the rental agreement will terminate automatically at the expiration of the seven (7) days if the specified service is not restored; or 2. Pay for the provision of these services and deduct the cost from their next rental payment, or payments, in the event the cost of services procured exceeds the amount of the next rental payment; or 3. Recover damages based upon the diminution in the fair rental value of the dwelling unit and reasonable attorney fees; or 4. Procure substitute housing during the period of the housing provider's noncompliance, in which case the tenant is excused from paying rent for the period of the housing provider's noncompliance. The tenant may recover the cost of reasonable value of the substitute housing up to an amount equal to the monthly rent and reasonable attorney fees. (B) If the tenant proceeds under this Section, the tenant may not proceed under Section 5-3-7-1 or 5-3-7-3 for that breach. The tenant may not exercise any rights under this Section if the condition was caused by the inability of a utility supplier to provide service or by the willful or negligent act or omission of the tenant, a member of the tenant's family, or other person on the premises with the tenant's consent.
Source: Legislative text reproduced verbatim
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Related Rules
§ 244.260
Compliance required
§ 14.567
ADOPTED BY REFERENCE
§ 244.340
Sewer and water connections
Source Information
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