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§ 05-12-100, Notice of
Conditions Affecting Habitability
No "de minimus" or "materiality" exceptions to sub-section
100(a)
Plambeck v.Greystone Management,
281 Ill. App. 3d 260, 271 (1st Dist. 1996).
This sub-section contains no qualifying
language and is aimed at disclosure of all violations without regard
for the degree to which they affect habitability. There is no de minimus exception.
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Landlord who fails to disclose recent
code violations cited against the property when tenants are signing a
lease, or utility interruptions during the lease, can owe tenant damages
equal to double deposit under §
080(f) plus additional month's rent damages under
§
090 through
§
100.
Krawczyk v.
Livaditis, 366 Ill. App. 3d 375, 378 (1st Dist. 2006)
The ordinance
specifically states that such violations shall entitle the tenant to
remedies under section 5-12-090. |