Mount Prospect Art. XVIII Residential Landlord and Tenant Regulations § 23.1809
RETALIATORY CONDUCT
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; or 2. Complained to the landlord of a violation under subsections 23.1806 C4 or D of this Article; or 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 Article. 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 (2) months' rent and such damages, costs and fees as a court shall determine and award. If the rental agreement is terminated, the landlord shall return all security and interest recoverable under subsection 23.1806 A of this Article 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 subsection 23.1808 D of this Article. (Ord. 3366, 9-6-1983)
Mount Prospect Art. XVIII § 23.1809 prohibits landlords from retaliating against tenants who report code violations, complain about certain lease or habitability issues, join tenant organizations, or exercise rights under the Article. Retaliatory conduct under this provision includes raising rent, cutting services, terminating a lease, or refusing to renew a lease that carries a renewal right. The rule also carves out limited circumstances—such as tenant-caused code violations or a genuine rent default—where a landlord may still pursue possession despite a tenant's protected activities.
Plain English — not legal advice.
Under Mount Prospect Art. XVIII § 23.1809, compliant operators are careful to document the independent, non-retaliatory business reasons behind any rent increase, service change, or tenancy termination, particularly when a tenant has recently filed a complaint or joined a tenant organization. Operators generally ensure that any action for possession is grounded in a legitimate basis—such as a tenant-caused code violation or a bona fide rent default—rather than in response to protected tenant activity. Maintaining clear, contemporaneous records of maintenance decisions, rent adjustments, and lease-renewal determinations helps demonstrate that actions taken were not retaliatory under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mount Prospect Art. XVIII § 23.1809 protects tenants who report code violations to government agencies, raise habitability concerns with their landlord, organize with other tenants, or exercise rights under the Article from adverse landlord actions taken in response to those activities. If a landlord violates this provision, a tenant may raise retaliation as a defense in any eviction proceeding and may also be entitled to terminate the rental agreement and seek up to two months' rent plus damages, costs, and fees as determined by a court. Tenants who believe they are experiencing retaliation may consider documenting the timeline of their protected activity and the landlord's subsequent conduct, and can explore options such as contacting a local tenant-rights organization or consulting with a housing attorney to understand available remedies.
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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