Chicago, Ill., Mun. Code ch. 5-12 § 5-12-020
Exclusions (Chicago Residential Landlord and Tenant Ordinance (RLTO))
Operative Text
Rental of the following dwelling units shall not be governed by this chapter, unless the rental agreement thereof is created to avoid the application of this chapter: (a) Dwelling units in owner-occupied premises containing six units or fewer; provided, however, that Sections 5-12-130 (j) and 5-12-160 shall apply to every rented dwelling unit in such premises within the City of Chicago; (b) Dwelling units in hotels, motels, inns, bed- and-breakfast establishments, roominghouses and boardinghouses, but only until such time as the dwelling unit has been occupied by a tenant for 32 or more continuous days and tenant pays a monthly rent, exclusive of any period of wrongful occupancy contrary to agreement with an owner. Notwithstanding the above, the prohibition against interruption of tenant occupancy set forth in Section 5-12-160 shall apply to every rented dwelling unit in such buildings within the City of Chicago. No landlord shall bring an action to recover possession of such unit, or avoid renting monthly in order to avoid the application of this chapter. Any willful attempt to avoid application of this chapter by an owner may be punishable by criminal or civil actions; (c) Housing accommodations in any hospital, convent, monastery, extended care facility, asylum or not-for-profit home for the aged, temporary overnight shelter, transitional shelter, or in a dormitory owned and operated by an elementary school, high school or institution of higher learning; student housing accommodations wherein a housing agreement or housing contract is entered into between the student and an institution of higher learning or student housing wherein the institution exercises control or supervision of the students; or student housing owned and operated by a tax exempt organization affiliated with an institution of higher learning; (d) A dwelling unit that is occupied by a purchaser pursuant to a real estate purchase contract prior to the transfer of title to such property to such purchaser, or by a seller of property pursuant to a real estate purchase contract subsequent to the transfer of title from such seller; (e) A dwelling unit occupied by an employee of a landlord whose right to occupancy is conditional upon employment in or about the premises; and (f) A dwelling unit in a cooperative occupied by a holder of a proprietary lease. (Prior code § 193.1-2; Added Coun. J. 9-8-86, p. 33771; Corrected. 9-12-86, p. 33919; Amend Coun. J. 11-6-91, p. 7196; Amend Coun. J. 9-4-03, p. 7118, § 8; Amend Coun. J. 6-11-08, p. 29114, § 1; Amend Coun. J. 7-22-20, p. 18933, § 1)
Section 5-12-020 of the Chicago Residential Landlord and Tenant Ordinance (RLTO) identifies categories of rental housing that fall outside the ordinance's general protections. These include small owner-occupied buildings of six units or fewer, short-term hotel and motel stays under 32 continuous days, certain institutional housing, and a handful of other specific arrangements. Importantly, even excluded properties remain subject to at least some RLTO provisions—most notably the anti-lockout rule in Section 5-12-160—and any arrangement deliberately structured to sidestep the ordinance may still be treated as covered.
Plain English — not legal advice.
Operators of properties that appear to fall under one of the Section 5-12-020 exclusions—such as small owner-occupied buildings or hospitality establishments—should understand that the exclusion is not absolute. Sections 5-12-130(j) and 5-12-160 continue to apply even to otherwise-excluded units, meaning compliant operators still refrain from unlawful lockouts and honor those specific tenant protections. Landlords who structure rental arrangements with the intent to circumvent the ordinance risk having those arrangements treated as covered, and willful evasion can expose an owner to criminal or civil liability under Section 5-12-020(b).
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants who believe their housing may be excluded from the Chicago RLTO under Section 5-12-020 should know that certain protections—particularly the prohibition on interruption of occupancy found in Section 5-12-160—apply regardless of the exclusion category. Tenants in hotels, motels, or similar establishments who have lived there for 32 or more continuous days and pay monthly rent may have gained coverage under the ordinance that did not exist at move-in. Those with questions about whether their unit is genuinely excluded, or whether an exclusion was created to avoid the ordinance's application, may find it useful to contact a tenant-rights organization or the Chicago Department of Housing for guidance.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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