Condominiums

PA 95-221, HB 1797, Condominium Conversions, Effective Date: January 1, 2008, Statutes Amended: 765 ILCS 605/30

Illinois Public Act 95-221 provides some forms of relief for tenants when the apartment buildings in which they live are converted to condominiums without the required notice. Under the Condominium Property Act, real estate may not be converted to condominiums unless a notice of intent to convert is given to all tenants of the building at least 30 days, and not more than one year prior to the recording of the declaration which submits the real estate to the act. Also, the developer must execute and acknowledge a certificate which provides that the developer has given notice to all tenants.

This amendment provides relief for a tenant if the owner of the building converts the unit to condominium property by filing a declaration submitting the property to the act, without providing the required notice, and the tenant vacates the premises due to notice of non-renewal of the lease by the owner. Under this legislation, the owner will be liable to the tenant for the tenant's actual moving expenses, not to exceed $1,500; three months' rent at the subject property; and reasonable attorney's fees and court costs. Additionally, this legislation provides that injunctive relief shall be available to the tenant to enforce the condominium conversion notice provisions above. Finally, a non-profit housing organization that sues on behalf of an aggrieved tenant under the above provisions may also recover compensation for reasonable attorney's fees and court costs necessary for filing such an action.

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