Harvey, Ill., Mun. Code title 17 § 17-36-010
Retaliatory conduct (Harvey Residential Landlord and Tenant Rights Regulations)
Operative Text
A. Except as provided in this section, a landlord may not retaliate by increasing rent or decreasing services including necessary maintenance and repair services or by terminating a rental agreement or bringing or threatening to bring action for possession or by refusing to renew a rental agreement which provides therein for such right of renewal because the tenant has: 1. Complained in good faith of a code violation to a government agency charged with the responsibility for the enforcement of such code (i.e., city); 2. Complained to the landlord of a violation under Section 17-24-010(C)(4) or (D) of this title; 3. Organized or became a member of a tenant association or similar organization; or 4. Exercised or attempted to exercise any right or enforce any remedy granted to him under this title. B. If the landlord acts in violation of subsection A of this section, the tenant has a defense in any retaliatory action against him for possession and is entitled to terminate the rental agreement and in either case recover an amount equal to not more than two months' rent and such damages, costs and fees as court shall determine and award. If the rental agreement is terminated, the landlord shall return all security and interest recoverable under Section 17-24010(A) of this title and all prepaid rent. Such conduct of a landlord subsequent to tenant activities described above in subsection A of this section without justifiable cause may be considered retaliation. C. Notwithstanding subsections A and B of this section, a landlord may bring an action for possession if: 1. The violation of a code was caused primarily by lack of care by the tenant, a member of his family or other person on the premises with his consent; or 2. The tenant is in default in rent, other than a purported default under Section 17-32-010(D) of this title. ( Ord. 3122 § 1 (part), 2004 )
Harvey, Ill., Mun. Code title 17 § 17-36-010 prohibits landlords from taking adverse actions — such as raising rent, cutting services, terminating a lease, or threatening eviction — against tenants who have reported code violations, complained to the landlord about certain habitability issues, joined a tenant organization, or exercised rights under the local housing code. When a landlord violates this anti-retaliation rule, the tenant may use it as a defense in an eviction proceeding or may terminate the rental agreement and seek up to two months' rent in damages, plus costs and fees as determined by a court. The rule does include exceptions: a landlord may still pursue possession if the code violation was primarily caused by the tenant or if the tenant is genuinely behind on rent.
Plain English — not legal advice.
Under § 17-36-010, compliant operators in Harvey are careful to document the independent, non-retaliatory business reasons behind any rent increase, service change, lease non-renewal, or eviction action — particularly when a tenant has recently filed a complaint, joined a tenant organization, or invoked a right under title 17. Landlords generally maintain records showing that maintenance decisions and tenancy actions are driven by objective factors such as market conditions, lease terms, or documented tenant defaults, rather than by protected tenant activity. Operators should also be aware that the two exceptions in subsection C — tenant-caused code violations and genuine rent defaults — are narrowly framed and do not shield actions taken without justifiable cause.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 17-36-010 of the Harvey Municipal Code gives tenants protection against landlord actions taken in response to good-faith code complaints, habitability complaints, tenant organizing, or the exercise of rights under title 17. If a landlord raises rent, reduces services, or moves to evict shortly after such protected activity, a tenant may raise retaliation as a defense in any eviction proceeding, or may choose to terminate the rental agreement and seek up to two months' rent plus court-determined damages and fees. Tenants who believe they are experiencing retaliation can document the timeline of events, contact the City of Harvey as the enforcement agency referenced in the provision, or reach out to a local tenant-rights organization to understand the options available to them.
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 8, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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