Rivera v. Bank of New York Mellon

Illinois Appellate Court
Criminal Court
Ordinances
Citation
Case Number: 
2021 IL App (1st) 192188
Decision Date: 
Friday, April 30, 2021
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Reversed.
Justice: 
CUNNINGHAM

Tenant filed suit alleging that Defendants failed to comply with Keep Chicago Renting Ordinance (KCRO) after purchasing the property at a judicial sale. Plaintiff alleged that Defendants failed to offer her either relocation assistance or an extension of her lease agreement, as KRCO required. After trial, court found in Plaintiff's favor but awarded her $16,500 less in damages than she was seeking. The valid relocation fee in KCRO is inseparable from the invalid rent limitations in KCRO; the invalid portion of KCRO is not severable from the remainder of the ordinance. Rent control is an integral underpinning of KCRO. The KCRO is wholly preempted by the Illinois Rent Control Preemption Act. Court erred in denying Defendants' motion to dismiss on that basis. (DELORT and HOFFMAN, concurring.)