Oak Park Title 12 Residential Rental Licensing (Arts. 2, 4, 6) § 12-6-12
RETALIATORY CONDUCT
Operative Text
A. Except as provided for in this section, a landlord may not retaliate by increasing rent or decreasing services, or by bringing or threatening to bring action for possession, or by refusing to renew a rental agreement because the tenant has in good faith: 1. Complained of code violations to a governmental agency, including the Village, elected representative, or public official charged with responsibility for enforcement of a building, housing, health, or similar code; 2. Complained of a building, housing, health, or similar code violation or an illegal landlord practice to a community organization or the news media; 3. Sought the assistance of a community organization, including a legal aid organization, or the news media to remedy a code violation or illegal landlord practice; 4. Requested the landlord make repairs to the premises as required by a building code, health ordinance, other regulation, or the residential rental agreement; 5. Organized or becomes a member of a tenant union or similar organization; 6. Testified in any court or administrative proceeding concerning the condition of the premises; or 7. Exercised any right or remedy provided by law. B. If the landlord violates section 12-6-12 , the tenant has a cause of action against the landlord or a defense in any retaliatory action against them and is entitled to the following remedies: 1. If the landlord attempts to terminate the rental agreement, the tenant may retain possession by raising this section as a defense. If the tenant prevails on this defense, the tenant shall recover an amount equal to not more than two (2) months' rent or twice the damages sustained by the tenant, whichever shall be greater, and reasonable attorney's fees. 2. The tenant may terminate the rental agreement and vacate the property by giving the landlord written notice of the tenant's intent to terminate the rental agreement. If the tenant does not vacate the property within one (1) month after giving written notice, or the end of the next rental period, whichever is longer, then the tenant's written notice shall be deemed withdrawn and the rental agreement shall remain in full force and effect. If the rental agreement is terminated, the landlord shall return the security deposit within three (3) days after the tenant tenders possession. 3. If the tenant files a cause of action against the landlord, the tenant shall recover an amount equal to not more than two (2) months' rent or twice the damages sustained by the tenant, whichever is greater, and reasonable attorney's fees. C. In an action by or against the tenant, if the tenant presents evidence of a complaint within one (1) year prior to the alleged act of retaliation, the court shall presume that the landlord's conduct is retaliatory. The landlord may rebut the presumption of retaliation by proving a legitimate, non-retaliatory basis for the conduct. D. The presumption shall not arise if the tenant made the complaint after written notice of a proposed rent increase. E. A landlord's behavior shall not be considered retaliatory if any code violation was caused primarily by the lack of care of the tenant, a member of the tenant's family or other person on the premises with the tenant's consent. (Ord. 21-60, 7-19-2021)
Oak Park Title 12 § 12-6-12 prohibits landlords from retaliating against tenants who exercise protected activities, such as reporting code violations, organizing with other tenants, or requesting legally required repairs. Retaliation can take the form of rent increases, service reductions, eviction actions, or lease non-renewals. When a tenant has made a qualifying complaint within the past year, the law presumes any adverse landlord action is retaliatory, though a landlord can overcome that presumption by demonstrating a legitimate, non-retaliatory reason for the action.
Plain English — not legal advice.
Under Oak Park Title 12 § 12-6-12, compliant operators document all rent increases, service changes, and non-renewal decisions with clear, contemporaneous business justifications that are entirely independent of any tenant complaints or protected activity. Landlords generally maintain records showing that any adverse action was driven by factors such as market conditions, lease terms, or documented lease violations rather than a tenant's exercise of legal rights. Because the ordinance creates a legal presumption of retaliation when adverse action follows a complaint within one year, operators typically ensure their decision-making processes are well-documented and defensible on non-retaliatory grounds.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Oak Park Title 12 § 12-6-12 gives tenants who have engaged in protected activity — such as reporting code violations, requesting repairs, or joining a tenant organization — both offensive and defensive legal tools if a landlord responds adversely. If a landlord attempts to evict or otherwise penalize a tenant, the tenant may raise § 12-6-12 as a defense in court, and a successful defense can result in recovery of up to two months' rent or twice actual damages, whichever is greater, plus reasonable attorney's fees. Tenants who believe they are experiencing retaliation may consider contacting a local tenant-rights organization, a legal aid office, or the Village of Oak Park to understand the range of 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 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation