Posen CHAPTER 17 RENTAL STRUCTURES AND UNITS § 6-17-3
CERTIFICATE OF HOUSING INSPECTION
Operative Text
(A) It shall be unlawful for the owner or landlord of any rental structure to contract for the sale of said structure, or to lease a dwelling unit contained therein without having first tendered to the buyer, or lessee, a certificate of housing inspection of the subject property made within one month before the date of the conveyance or lease of the subject property. (Ord. 91-11, 7-23-1991; amd. Ord. 94-26, 10-12-1994) (B) All applications for a certificate of housing inspection shall be made on such forms as prescribed by the building inspector. The building inspector shall issue a certificate within fourteen (14) days after inspection of the subject property which shall be consented to by the owner and landlord, in writing and after the payment of forty five dollar ($45.00) inspection fee for each dwelling unit inspected per inspector. The Building Department shall inspect the subject property for compliance with the Building, Housing, Property Maintenance, Zoning Codes and ordinances of the Village. All deficiencies shall be noted on said certificate. It is unlawful for a person who is the owner, or landlord, of a rental structure to permit occupancy of any dwelling unit in said structure until all building deficiencies shall be remedied, and the structure brought into compliance with this Code. (Ord. 2018-05, 5-8-2018) (C) No evidence obtained in a consented inspection of real property pursuant to this chapter shall be used in the prosecution of any criminal or ordinance violation other than for violations of subsection (B) of this section, against the owner or landlord of the property when inspection was made. (D) Where no consent has been given to enter or inspect any property, no entry or inspection shall be made without the procurement of a warrant from the Circuit Court of Cook County. The court may consider any of the following factors along with such other matters as it deems pertinent in its decision as to whether a warrant shall issue: 1. Eyewitness account of violation. 2. Citizen complaints. 3. Tenant complaints. 4. Plain view violations. 5. Violations apparent from Village records. 6. Property deterioration. 7. Age of property. 8. Nature of alleged violation. 9. Similar properties in the area. 10. Documented violations of similar properties in the area. 11. Passage of time since last inspection. 12. Previous violation on the property. Cause for issuance of a warrant shall be deemed to exist in light of reasonable legislative and administrative standards which show that there is reason to believe that a condition of nonconformity exists with respect to a particular property in violation of Village ordinance.
Under Posen CHAPTER 17 § 6-17-3, landlords and owners of rental structures are required to obtain a certificate of housing inspection — issued within one month before any sale or lease — and provide it to the buyer or incoming tenant before the transaction is completed. The inspection, conducted by the Village Building Department for a $45-per-unit fee, documents any code deficiencies, and occupancy of a unit with unresolved deficiencies is prohibited. Evidence gathered during a consented inspection under this section may only be used to enforce the inspection requirements themselves, not to pursue other criminal or ordinance charges against the property owner. When an owner withholds consent, the Village must obtain a warrant from the Circuit Court of Cook County before entering or inspecting the property.
Plain English — not legal advice.
Operators of rental structures in Posen should be aware that § 6-17-3 requires a valid certificate of housing inspection — obtained no more than one month before closing or lease execution — to be handed to every buyer or new tenant before the transaction is finalized. Compliant operators submit the required application to the Building Department, pay the $45-per-unit inspection fee, provide written consent for the inspection, and resolve all noted code deficiencies before allowing any new occupancy. Keeping records of each certificate, the date it was issued, and proof of delivery to the lessee or buyer helps demonstrate ongoing compliance with this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Posen § 6-17-3, tenants have a right to receive a current certificate of housing inspection — dated within one month of the lease — before they take occupancy of a rental unit. If a certificate was never provided, or if the unit had unresolved deficiencies noted on the certificate at the time of move-in, that may be relevant to a housing complaint or a defense in a legal proceeding. Tenants who believe this provision was not followed can contact the Posen Village Building Department to inquire about the inspection record for their unit, or reach out to a local tenant-rights organization for guidance on available options.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.