Landlord/tenant draft passed

By Sean O'Connor

The DeKalb landlord-tenant fact-finding committee ratified the final draft of the landlord-tenant rights ordinance at its meeting Thursday night at the Municipal Building.

The final draft resolved the heavily-debated access/entry clause, which defines how and when landlords should notify tenants before entering rental units.

For now, the committee decided against creating an office of ombudsman because of a debate over who should be appointed to the post, and several members were concerned about the cost of creating the post.

Under the proposed ordinance, ombudsmen would mediate disputes between landlords and tenants.

The committee agreed that if enough disputes arise between landlords and tenants to justify creating the post, the committee will do so one year after the law has gone into effect.

Another important issue solved at the meeting was the controversial access/entry clause. This clause originally would have required landlords to call their tenants one hour in advance before entering the premises if they had no reason to be there.

Mason Properties owner Jim Mason and Don Henderson, the director of the legal assistance office, proposed drafts of the access/entry clause that were so similar that Henderson’s draft was accepted with one revision.

Landlords and their agents will have the right to enter rental units “upon reasonable notice at reasonable times,” reasonable times being 8 a.m. to 8 p.m. The committee agreed that “prior notice” is a one-hour warning, but prior notice is not necessary under several conditions.

These, according to the proposal, are if the tenant has requested repair work, if maintenance inspection must be done, if necessary or agreed services must be supplied, “when repairs elsewhere in the building require access,” if inspections required by a government agency must be conducted, and if the landlord is showing the unit to people interested in buying or renting the property. When entering, a “knock on the door and a verbal hello or a phone call immediately prior to entry shall be considered reasonable warning of the entry,” according to the proposal. In the event of emergency, no prior notice or consent is necessary.

The landlord-tenant fact-finding committee was formed by former Mayor Bessie Chronopoulos to investigate issues of landlords and tenant concerns. This was done in response after 5th Ward Ald. Patrick Conboy and now former 6th Ward Ald. Aaron Raffel introduced a bill last year that would have defined landlord-tenant rights. The committee consisted of city staff members, area landlords, NIU administrators and one student representative.

The bill will go on to the next DeKalb City Council meeting, which will be held on Monday, Oct. 8th.