Freeport Ch. 876 Residential Rental Property Regulation § 876.01
DEFINITIONS
Operative Text
The following words and terms shall have the meanings respectively ascribed to them for the purposes of this Chapter of the Codified Ordinances of the City of Freeport, as follows: (a) “Landlord.” The legal title holder of the premises, as shown by the records of the Stephenson County Recorder’s office, which has one or more residential rental units on it. If the legal title holder is a land trust, however, the landlord shall mean the beneficial owner or owners of the land trust, or a trustee having legal authority to act on behalf of the land trust. (b) “Local agent.” A person 21 years of age or older who resides in Stephenson County or within 30 miles of the location of the rental unit. The local agent shall be authorized by the landlord to receive notices of code violations and receive process in any court proceedings or administrative enforcement proceedings on behalf of the landlord in connection with the enforcement of this Chapter or any of the Codified Ordinances of the City of Freeport and any enforcement of state or federal laws or regulations. A local agent is a convenience for the landlord and is only for the purposes of receipt of notices and process. Nothing in this section shall transfer responsibility for compliance with this section to the local agent. In all circumstances the landlord shall remain responsible for any violations and any penalties imposed hereunder and may not transfer the responsibility for compliance to a tenant or party who does not have an ownership interest. (c) “Premises.” A tract of land on which one or more rental units is located. (d) “Residential rental structure.” Any apartment, rooming house, boarding house, dwelling, multi-use dwelling structure (excluding hotels, motels, assisted living facilities, residential care homes, and nursing homes, all as defined elsewhere in these Codified Ordinances) - and any mobile home - located within the corporate limits of the City of Freeport that the owner thereof rents, either entirely or in part, to another person or persons for occupancy as a residence, regardless of the zoning of the property. If there is more than one unit within such structure, it shall be identified by the term residential rental unit. A property which is the subject of a land contract will be considered a residential rental structure unless conversion of the title has taken place as shown through the filing of such document in the Stephenson County Recorder's office and taxes are being assessed in the name of the purchaser. Notwithstanding the filing of a land contract in the Stephenson County Recorder's office and the assessment of taxes, a purported land contract shall be considered a rental if the transaction is in excess of thirty years. In lieu of providing proof as stated above, a land contract will not be considered a rental property if the seller provides evidence to the Finance Director and the City Legal Counsel that clearly establishes that the property is treated for tax purposes as interest income. (e) “Tenant.” The person, or person, occupying a residential rental unit who is not a legal title holder of the premises. (Ord. 2013-56. Passed 11-18-13; Ord. 2014-29. Passed 6-16-14; Ord. 2017-56. Passed 7-17-17.)
Freeport Ch. 876 § 876.01 establishes the foundational definitions that govern the entire residential rental property regulation chapter. Key terms include 'landlord' (the legal title holder, or beneficial owner if a land trust is involved), 'local agent' (a designated adult within 30 miles authorized to receive legal notices on the landlord's behalf), 'premises,' 'residential rental structure,' and 'tenant.' These definitions determine who is covered by the chapter's requirements and how certain property arrangements—such as land contracts—are classified for regulatory purposes.
Plain English — not legal advice.
Under Freeport Ch. 876 § 876.01, a landlord is identified by the title records at the Stephenson County Recorder's office, and that status carries non-transferable compliance responsibility regardless of whether a local agent is appointed. Operators who designate a local agent—someone 21 or older residing in Stephenson County or within 30 miles of the rental unit—do so as a convenience for receiving notices and legal process, but the landlord remains liable for any violations and penalties. Landlords holding property through a land trust, or those with land contract arrangements, should be aware that § 876.01 contains specific rules for how those ownership structures are classified under the chapter.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Freeport Ch. 876 § 876.01 defines 'tenant' as any occupant of a residential rental unit who does not hold legal title to the premises, which determines whether a person's housing situation falls under the chapter's protections. Notably, the provision clarifies that a local agent appointed by a landlord cannot absorb the landlord's compliance obligations, meaning the landlord remains the responsible party for any violations—a point that may be relevant when a tenant seeks to identify who is accountable for code issues. Tenants who are uncertain whether their living arrangement qualifies as a residential rental under § 876.01—for example, those in land contract situations—may find it useful to consult a tenant-rights organization familiar with Freeport's ordinances.
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 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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