Markham CHAPTER 121: RENTAL PROPERTIES § 121.02

DEFINITIONS

In Force
Verified 11/11/2026 · Next check 2/9/2027
MarkhamInspections, Registration & Licensing

Operative Text

Markham CHAPTER 121: RENTAL PROPERTIES § 121.02
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.


ABANDONED DWELLING. A dwelling unit, building, structure, property or part thereof that has not been actively used for its intended, designed or permitted purpose for a period of 12 consecutive months, or for a cumulative period of 18 months during any three-year period.


APARTMENT BUILDING. A residential building containing three or more dwelling units. An APARTMENT BUILDING may also be classified as a multi-family dwelling.


APPROVED. Having received approval of the city's Building and Housing Department.


CRIME-FREE RENTAL HOUSING PROGRAM. A system of rules used to educate rental housing unit owners, owner's, mangers and/or agents for the control and record keeping for any municipal violation or criminal activity as defined by local, state or federal law. This includes the environmental design for rental housing units and facilities.


DWELLING UNIT. One or more rooms containing individualized cooking, sleeping and sanitary facilities which is designed to be occupied or intended for use by one household.


FAMILY. An individual, or two or more persons related by blood, marriage or adoption, living together as a single household unit.


HOUSEHOLD. See “family”.


IMMEDIATE FAMILY. Kinship members including:


(1) Mother or mother in law: a female parent;


(2) Father or father in law: a male parent;


(3) Son: a male child of the parent(s);


(4) Daughter: a female child of the parent(s);


(5) Brother: a male child of the same parent(s);


(6) Sister: a female child of the same parent(s);


(7) Grandfather: a parent's father;


(8) Grandmother: a parent's mother;


(9) Grandson; a child's son; and


(10) Granddaughter: a child's daughter.


IMMINENT DANGER. A condition which could cause serious or life-threatening injury or death at any time.


LANDLORD. The land owner, lessor or sublessor of rental residential property.


LESSEE. See “tenant”.


OCCUPANT. A person who lives in a dwelling unit. An OCCUPANT who is not an individual owner is a tenant.


OWNER. The land owner, person, agent, operator, firm or corporation having a legal or equitable interest in the property or recorded in the land records of the city, as holding any interest in title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the personal representative of the estate of such person if ordered to take possession of real property by a court.


OWNER'S AGENT. A person 18 years of age or older who maintains a primary residence (as defined herein) or an office for the purpose of transacting business in the city and is customarily present to perform the duties of managing agent on a full time basis whether the rental unit is occupied or not.


PRIMARY RESIDENCE. A dwelling unit maintained and occupied on a routine basis by at least one individual owner more than 50% of the year and can be proven to be that individual owner's legal residence through tax records or other official documents filed with the state or federal government. A residence occupied by its owner 50% or less of the year is classified as a "secondary residence".


PROPERTY MAINTENANCE CODE. The duly adopted Property Maintenance Code of the city.


RENTAL UNIT. An independent dwelling unit not occupied by the owner as a primary or secondary residence. See “residential rental housing” definition.


RENTER. A tenant. (See “tenant”).


RESIDENTIAL RENTAL HOUSING.


(1) A dwelling, townhouse, condominium, dwelling unit, rooming unit, building, premises or structure for residential use by a person or persons who is not the legal owner of record.


(2) Units occupied by immediate family, as herein defined, are not considered RESIDENTIAL RENTAL HOUSING.


(3) This chapter is not intended to, and does not, apply to hotels, motels, nursing homes or assisted living facilities.


SECONDARY RESIDENCE. A dwelling unit occupied by an owner less than 50% of the year and occupied by no one else at any time, except for individuals related by blood or marriage when the owner is actually present.


SINGLE-FAMILY RESIDENCE. A building designed to be occupied by a family; single household. See “family”.


TENANT. A person not the owner who occupies a dwelling unit with the consent of the owner for monetary or non-monetary consideration.


CITY. The City of Markham, Illinois.


VACANT. A dwelling unit, building, structure, property, or part thereof, that an owner, tenant or other occupant has moved out of a property for a period of 30 days or more.


ZONING ORDINANCE. The City of Markham Zoning Code.


(Ord. 24-O-2388, passed 5-15-2024)
Source: Legislative text reproduced verbatim
Plain English

Section § 121.02 of Markham's Chapter 121 establishes the foundational vocabulary used throughout the city's rental property regulations. Key terms such as "dwelling unit," "landlord," "tenant," "rental unit," and "residential rental housing" are given specific legal meanings that govern how the rest of the chapter is interpreted and applied. Notably, units occupied by immediate family members are excluded from the definition of residential rental housing, and hotels, motels, nursing homes, and assisted living facilities fall outside the chapter's scope entirely. These definitions shape which properties and relationships are subject to Markham's rental property rules.

Written by anthropic/claude-sonnet-4.6 · Reviewed on November 11, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers operating in Markham should familiarize themselves with the precise definitions set out in § 121.02, as terms like "rental unit," "owner's agent," and "primary residence" carry specific meanings that determine which obligations under Chapter 121 apply to a given property. For example, a dwelling unit occupied by the owner as a primary residence—meaning the owner lives there more than 50% of the year and can document it through tax or government records—is treated differently than a rental unit. Compliant operators typically ensure that any designated owner's agent is at least 18 years old, maintains a local presence, and is available on a full-time basis as described in § 121.02.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Under § 121.02, a "tenant" is defined as any person who occupies a dwelling unit with the owner's consent, whether for monetary or non-monetary consideration, and who is not the owner—meaning a broad range of living arrangements can fall under Chapter 121's protections. Tenants should be aware that units occupied by an owner's immediate family, as specifically listed in § 121.02, are not classified as residential rental housing under this chapter, which may affect what rules apply to their situation. Those who believe their housing arrangement falls within the chapter's definitions and have concerns about compliance may find it useful to consult a local tenant-rights organization or contact the City of Markham's Building and Housing Department for guidance.

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 11, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

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SANCTIONS AND PENALTIES

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