Signed: Page 1 of 9. By Order of the Commissioner: g 7/ Date: 'ssioner Judith Frydland. Published: 02/01/15 Effective: 02/11/15

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1 PROBLEM LANDLORD LIST LAST UPDATED: 10/22/2015 Mayor Rahm Emanuel Commissioner Judy Frydland

2 BY AUTHORITY VESTED IN THE COMMISSIONER OF BUILDINGS PURSUANT TO SECTIONS (4) AND (G) AND THE GENERAL PROVISIONS OF THE MUNICIPAL CODE OF CHICAGO, THE FOLLOWING RULES REGARDING THE PROBLEM LANDLORD LIST ARE ADOPTED HEREIN. By Order of the Commissioner: g 7/ Signed: Com 'ssioner Judith Frydland Date: Published: 02/01/15 Effective: 02/11/15 As Amended Published: 10/12/15 Effective: 10/22/15 Page 1 of 9

3 RULES REGARDING TH E PROBLEM LANDLORD LIST ARTICLE I. DEFINITIONS Rul e No. 1. As used in these rules, unless the context clearly indicates otherwise: "Building" has the meaning ascribed to the term in Section of the Municipal Code of Chicago. "Building provisions of this code" has the meaning ascribed to the term in Section of the Municipal Code of Chicago. "Commissioner" means the commissioner of buildings or his or her designee. "Department" means the department of buildings. "Found liable" or "finding of liable' means a final order, among those listed in Appendix A, entered by an administrative law officer or administrative law judge ofthe Department of Administrative Hearings affirming the existence of a violation. "Owner" has the meaning ascribed to the term in Section of the Municipal Code of Chicago. "Residential building" has the meaning ascribed to the term in Section of the Municipal Code of Chicago. "Serious Violation" means a violation of the building provisions of this code that is among those listed in Appendix B. ARTICLE II. COMPLIATION AND PUBLICATION OF THE PROBLEM LANDLORD LIST Rule No.2. The department, in consultation with the department of law, may compile and publish a problem landlord list. An owner of a residential building may be placed on the list if the building has been the subject of two or more legal proceedings in the Department of Administrative Hearings within the prior 24 month period, in each of which one or more findings of liable were entered, and in which a total of three or more of the total violations charged in the two or more proceedings were serious violations, on which one or more findings of liable were entered. Rule No.3. In addition to publication of the initial problem landlord list in calendar year 2015, the department may publish an updated problem landlord list bi-annually, as necessary Page 2 of9

4 to reflect changes in the composition of the list. The department, at its discretion, may also publish the list on additional intervals. The department may publish the initial and subsequent problem landlord list on the department's web page and any other media that the commissioner may deem appropriate. Rule No.4. Nothing in these rules shall be construed to prohibit the department from adding additional persons to the problem landlord list if the department determines that a person's name should have been included in the list but was not so included due to human error or otherwise. Rule No.5. Nothing in these rules shall be construed to prohibit the department from adding additional persons to the problem landlord list if the department determines that a person's actions are so egregious as to warrant inclusion on the list prior to the next scheduled publication. ARTICLE III. OPPORTUNITY TO CONTEST PLACEMENT ON THE PROBLEM LANDLORD LIST Rule No.6. If the department places a person on the problem landlord list the department shall notify the person in writing of placement on the problem landlord list. The notice shall: (A) (B) (C) (D) (E) (F) include a statement that the person has been placed on the problem landlord list for being the owner of a building that has been the subject of two or more legal proceedings in the Department of Administrative Hearings within the prior 24 month period, in each of which one or more findings of liable were entered, and in which a total of three or more ofthe total violations charged in the two or more proceedings were serious violations, on which one or more findings of liable were entered; include a statement the person is entitled to request in writing to the building commissioner an in-person hearing before the commissioner to contest the person's placement on the problem landlord list or to demonstrate that the person has cured the building code violations that led to being placed on the problem landlord list; include a statement that the person is entitled to appear at the hearing to testify, present documents, including affidavits, and any other evidence to contest the person's placement on the problem landlord list; include a statement that if the person fails to request a hearing, the person is deemed to have conceded the validity of the person's placement on the problem landlord list and the decision as to the person's placement on the problem landlord list shall become final; include a certificate of service by first class mail; and be served by first class mail. Page 30f9

5 Rule No.7. If a person identified as a problem landlord believes that the person does not meet the definition or criteria as a problem landlord and should not be included in the department's list of problem landlords, such person shall be entitled to a hearing before the commissioner on such matter. The request for a hearing shall be in writing and shall be directed to the Commissioner of Buildings, Department of Buildings of the City of Chicago, 121 North LaSalle Street, Room 906, Chicago, Illinois, Within fifteen (15) business days of receipt by the department of a written request, the commissioner shall cause such hearing to be commenced, unless a written request is filed by the person requesting the hearing for a longer hearing date. At the hearing, the formal or technical rules of evidence shall not apply. Any evidence on which a reasonably prudent person would rely may be considered at such hearing. Provided, however, that at the hearing only evidence reasonably necessary to demonstrate the existence or absence of those elements which must be considered when determining whether a person meets the definition of a problem landlord shall be heard. The burden of proof shall be on the person challenging the commissioner's determination. A person may be represented by an attorney at that person's sole cost. The basis for removal from the problem landlord list shall be limited to the following: (1) The person was not the owner of the building at the time of any of the violations which caused the person's name to be on the problem landlord list and does not have any other building on the problem landlord list. (2) The person did not meet the criteria as a problem landlord at the time the person was placed on the list. (3) The person was the owner of the building at the time of any of the violations which caused the person's name to be on the problem landlord list, however, the person can prove that he or she was not an owner in possession at the time of any of the violations which caused the person's name to be on the problem landlord list. For purposes ofthis RI,lIe No. 7(3) a person shall be deemed to be not an owner in possession at the time of any ofthe violations which caused the person's name to be on the problem landlord list only under any of the following circumstances: a) the prior owner remains in possession pending an action for recovery in the Circuit Court under Illinois or common law; or b) the prior owner remains in possession pending an action to declare the sale in error under section ofthe Property Tax Code (35 ILCS 200/21-310); or c) the prior owner remains in possession pending the outcome of a petition for payment from the Indemnity Fund under section ofthe Property Tax Code (35 ILCS 200/21-305); or d) the prior owner remains in possession pending the period of redemption under sections or ofthe Property Tax Code (35 ILCS 200/ and 35 ILCS 200/ ). Based upon the evidence contained in the record, the commissioner shall issue written findings and enter an order either affirming or reversing the placement ofthe person on the problem landlord list within fifteen (15) business days ofthe conclusion ofthe hearing and the closing of Page 4 of9

6 the record. A copy of the findings and order shall be served upon the person or the person's attorney of record by first class mail. If the person does not request a hearing, the person shall be deemed to have conceded the validity of the person's placement on the problem landlord list and the decision as to the person's placement on the problem landlord list shall be final. If the person requests a hearing but fails to appear at the scheduled hearing, or the commissioner in his or her discretion does not grant a continuance of the hearing upon a motion for good cause shown filed prior to the scheduled hearing, the person shall be deemed to have conceded the validity ofthe person's placement on the problem landlord list and the decision as to the person's placement on the problem landlord list shall be final. Rule No.8. A final order ofthe commissioner within the meaning of Rule NO.7 may be appealed by the person to a court of competent jurisdiction as provided by law. ARTICLE IV. OPPORTUNITY TO OBTAIN RELIEF FROM PROBLEM LANDLORD STATUS Rule No.9. If a person identified as a problem landlord believes that the person has cured the building code violations that led to being placed on the problem landlord list, such person shall be entitled to a hearing before the commissioner on such matter. The request for a hearing shall be in writing and shall be directed to the Commissioner of Buildings, Department of Buildings of the City of Chicago, 121 North LaSalle Street, Room 906, Chicago; Illinois, Within twenty (20) business days of receipt by the department of a written request, the commissioner shall cause such property to be re-inspected to verify compliance or non-compliance, unless a written request is filed by the person requesting the hearing for a longer re-inspection date. Within fifteen (15) business days of said re-inspection by the department, the commissioner shall cause such hearing to be commenced, unless a written request is filed by the person requesting the hearing for a longer hearing date. At the hearing, the formal or technical rules of evidence shall not apply. Any evidence on which a reasonably prudent person would rely may be considered at such hearing. Provided, however, that at the hearing only evidence reasonably necessary to demonstrate the existence or absence of those elements which must be considered when determining whether a person meets the definition of a problem landlord shall be heard. The burden of proof shall be on the person challenging the commissioner's determination. A person may be represented by an attorney at that person's sole cost. The basis for relief from problem landlord status shall be limited to the following: The person has corrected, as confirmed by inspection by the department, each and every serious violation and all other building code violations at the building in question Page 5 of 9

7 and has paid any all related fines and inspection fees in full and does not have any other building on the problem landlord list. Based upon the evidence contained in the record, if the commissioner finds, by the preponderance of the evidence, that the person has corrected, as confirmed by inspection by the department, each and every serious violation and all other code violations and has paid any all related fines and inspection fees in full and does not have any other building on the problem landlord list, the commissioner may issue a written order relieving the person from problem landlord status. The commissioner shall issue written findings and enter an order either granting or denying the request for relieffrom problem landlord status within fifteen (15) business days ofthe conclusion of the hearing and the closing of the record. A copy of the findings and order shall be served upon the person or the person's attorney of record by first class mail. If the person requests a hearing but fails to appear at the scheduled hearing, or the commissioner in his or her discretion does not grant a continuance of the hearing upon a motion for good cause shown filed prior to the scheduled hearing, the person shall be deemed to have conceded the validity of the person's problem landlord status. Any person who has obtained relief from problem landlord status shall not be considered ineligible to do business with the city as defined in Section of the Municipal Code of Chicago, nor ineligible for initial or renewal licenses pursuant to Section ofthe Municipal Code of Chicago, nor subject to nuisance abatement proceedings under Section ofthe Municipal Code of Chicago, solely by virtue of being on the problem landlord list. However, any person who obtained relief from problem landlord status shall remain listed on the problem landlord list until the person no longer meets the criteria of Rule No.2. If a person has obtained relief from problem landlord status and subsequently meets the criteria of Rule No.2 as a problem landlord for new violations, any relief from problem landlord status previously obtained shall be null and void and the person shall be subject to all the consequences of problem landlord status as defined by law. Rule No. 10. A final order ofthe commissioner within the meaning of Rule No.9 may be appealed by the person to a court of competent jurisdiction as provided by law. ARTICLE V. GENERAL PROVISIONS Rule No. 11. Nothing in these Rules is intended to limit the powers or authority of the City of Chicago, the Department of Buildings or the powers or authority of any other City departments; nor are these Rules intended to relieve any person or entity from full compliance with any other provisions ofthe Municipal Code of Chicago or other rules and regulations promulgated by the department or any other City department. Page 6of9

8 Rule No. 12. of Chicago. Penalties for violations of these rules shall be as provided in the Municipal Code Nothing in these Rules shall limit or prohibit the department or the City of Chicago from pursuing any other penalties, fees, sanctions or remedies under any other authority granted to the department or the City under law. Rule No. 13. The commissioner reserves the right to amend these Rules at any time in accordance with law. Rule No. 14. The provisions of these Rules are severable. If any part of these Rules or Rule is declared invalid or unconstitutional, that declaration shall not affect the part or parts that remains. Page 7 of9

9 APPENDIX A. FINDINGS OF LIABILITY CONTHRGP CONTLPLE LlABCCON LlABCNTS LlABDFLT LlABNCP1 LlABNCPL LlABPLEA LlABPRPD MTSADEND MTSADLGC MTSADPRU MTSADSS MTSALCNT MTSALIAB REINSP - Continued for hearing on the penalties REINSP - Liable - By plea/continued for hearing on the penalties REINSP - Liable - By contested finding/continued for hearing on the penalties Liable - By contested finding Default - Liable by prove-up Previously liable- No Subsequent compliance with building code; Respondent failed to appear. Previously liable - No subsequent compliance with building code Liable - By plea Liable - Prepaid Denied - Motion to set-aside Default - untimely Denied - Motion to set-aside'default - lack of good cause Denied - Motion to set-aside Default Denied - Motion to set aside denied - Prior default order still stands REINSP - Liable - By plea - Continued for hearing on the penalties - Motion to set-aside default granted Liable - By contested finding - Motion to set-aside default granted MTSALICO REINSP - Liable - By contested finding - Continued for hearing on the penalties - Motion to set-aside default granted MTSALlPL Liable - By Plea - Motion to set~aside default granted WAIVHRNG Waived Right for Hearing APPENDIX B. SERIOUS VIOLATIONS Remove obstruction from exit way that hampers travel and evacuation. ( , ) Stop using cooking or water heating device as heating device. ( ) Failed to maintain parapet wall in good repair and free from cracks and defects. ( , ) Failed to maintain roof in sound condition and repair, watertight and free from defects. ( , (c) and ) Failed to maintain exterior stairways in safe condition and in sound repair. ( , ) Failed to repair or replace defective or missing members of porch system. ( , ) Failed to rebuild or replace dilapidated and dangerous porch. ( , ) Failed to provide porch which is more than two risers high with rails not less than three and one-halffeet above the floor of the porch. ( (b), ) Provide guard rails at least three feet high. ( A) Failed to maintain interior walls and ceilings free from holes or cracks. ( (c)) Page 8 of9

10 Failed to maintain floor free from holes and wide cracks and free from loose, warped, protruding or rotting floorboards. ( (a) and (b)) Replace broken, missing or defective window panes. ( A) Provide building entrance door with deadlock latch with at least 1/2 inch latch bolt projection. ( ) Repair or replace defective or missing members of interior stair system. ( ) Heat dwelling unit adequately from September 15th to June 1st. ( ) Provide and maintain every facility, piece of equipment, or utility in safe and sound working condition. ( , ) Rid premises of rodents and seal rodent holes. ( D, A, C) Close openings around pipes with rat proof materials. ( ) Exterminate rodents in building and seal openings through which they gain access. ( D, C, ) Exterminate roaches and keep dwelling insect-free. ( C) Exterminate insects and keep dwelling insect-free. ( C) Stop noxious odors from permeating dwelling or premises. ( , ) Supply adequate hot water with minimum temperature of 120 degrees F. ( ) Remove sewage and stagnant water from basement and correct cause. ( A, ) Install and maintain approved smoke detectors. ( thru ) Install a smoke detector in every dwelling unit. Install one on any living level with a habitable room or unenclosed heating plant, on the uppermost ceiling of enclosed porch stairwell, and within 15 feet of every sleeping room. Be sure the detector is at least 4 inches from the wall, 4 to 12 inches from the ceiling, and not above door or window. Relocate improperly installed smoke detectors. ( ) Install a smoke detector in every dwelling unit. Install one on any living level with a habitable room or unenclosed heating plant, on the uppermost ceiling of enclosed porch stairwell, and within 15 feet of every sleeping room. Be sure the detector is at least 4 inches from the wall, 4 to 12 inches from the ceiling, and not above door or window. Repair or replace defective or out of service smoke detectors and operate continuously. ( , ) Install carbon monoxide detector within 40 feet of every sleeping room in residential structure. ( , ) A carbon monoxide detector is needed whenever there is a heating appliance on the premises that burns fossil fuel such as gas, oil, or coal, or air that is circulated through a heat exchanger. Install according to manufacturer instructions. A hard wired model requires an electrical wiring permit. In a single family residence, be sure the detector is on or below the lowest floor with a place to sleep. In a multiple dwelling residence heated by a boiler, install a detector in the same room as the boiler. Otherwise, each apartment follows single family guidelines. Remove exposed wiring at light fixture. ( , ) Remove exposed wiring. ( ) Install cover on outlet or junction box. ( ) Page 9 of 9