West Chicago — Ch. 7 Housing § 7-28
Violations
Operative Text
It shall be a violation of the City Code for any person or persons to occupy a dwelling unit in a number in excess of that provided for herein. Infants under the age of eighteen (18) months shall not be counted in determining over occupancy. However, if over occupancy results solely from the presence of such an infant, and another occupant should leave the dwelling unit on a permanent basis, such occupant cannot be replaced by another even if the infant has not reached the age of eighteen (18) months.
West Chicago Ch. 7 Housing § 7-28 establishes that occupying a dwelling unit with more people than the city's occupancy standards allow is a code violation. Infants under 18 months old are excluded from the occupant count when determining whether a unit is over-occupied. However, if the only reason a unit is over the limit is the presence of such an infant, and one occupant permanently leaves, that departing occupant cannot be replaced by a new person—even while the infant is still under 18 months old.
Plain English — not legal advice.
Under West Chicago Ch. 7 Housing § 7-28, compliant operators generally track the number of occupants in each unit against the city's established occupancy limits and understand that infants under 18 months are excluded from that count. When an infant is the sole reason a unit is at or near the occupancy threshold, operators are generally aware that a permanent departure of any occupant triggers a restriction on replacement, regardless of the infant's age. Maintaining clear records of occupancy changes 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.
West Chicago Ch. 7 Housing § 7-28 provides that infants under 18 months old do not count toward occupancy limits, which can be relevant if a household's size is questioned by a landlord or city inspector. Tenants should be aware, however, that if the unit is over the limit solely because of such an infant and another household member permanently leaves, the rules restrict bringing in a replacement occupant. Tenants who believe this provision is being applied incorrectly may consider contacting the West Chicago city housing office or a local tenant-rights organization to understand 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 10, 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.