Evanston, Ill., City Code § 5 § 5-3-9-1
RETALIATORY CONDUCT (Evanston Housing Regulations)
Operative Text
(A) A housing provider may not retaliate by increasing rent or decreasing services or by bringing or threatening to bring action for possession or by refusing to renew a rental agreement because the tenant has: 1. Complained in good faith of a code violation to a government agency charged with the responsibility for the enforcement of such code; 2. Complained to the housing provider of a violation under Section 5-3-5-2 or Section 5-3-5-3 ; 3. Complained of a building, housing, health, or similar code violation or housing provider practice to a community organization or the news media; 4. Sought the assistance of a community organization, including a legal aid organization, or the news media, to remedy a code violation or questionable practice of housing provider; 5. Organized, distributed leaflets, or sought permission to use building common spaces to organize or become a member of a tenant union or similar organization; or 6. Testified in any court or administrative proceeding concerning the condition of the premises; or 7. Exercised or attempted to exercise any right or remedy under the Illinois Safe Homes Act, 765 ILCS 750 et seq., including terminating their lease or changing their locks due to domestic or sexual violence. 8. Exercised or attempted to exercise any right or enforce any remedy granted to him/her under this Chapter or by other applicable law. (B) If the housing provider acts in violation of Subsection (A) of this Section, the tenant has a defense in any retaliatory action against the housing provider for possession and is entitled to the following remedies: the tenant shall recover possession or terminate the rental agreement and, in either case, recover an amount equal to not more than two (2) months' rent or twice the damages sustained by the tenant, whichever is greater, and reasonable attorney fees. If the rental agreement is terminated, the housing provider shall return any security deposit recoverable under Section 5-3-5-1 and all prepaid rent. In an action by or against the tenant, if there is evidence of a complaint within one (1) year prior to the alleged act of retaliation, it may be presumed that the housing provider's conduct was retaliatory. The presumption does not arise if the tenant made the complaint after notice of a proposed rent increase. (C) For purposes of this Section, it is not retaliation when a housing provider brings an action for possession if: 1. The violation of a code was caused primarily by lack of care by the tenant, a member of the tenant's family or other person on the premises with the tenant's consent; or 2. The tenant is in default in rent, other than a purported default under Section 5-3-7-3 .
Evanston, Ill., City Code § 5 § 5-3-9-1 prohibits housing providers from retaliating against tenants who report code violations, organize with other tenants, testify in legal proceedings, or exercise rights under the Illinois Safe Homes Act or local law. Prohibited retaliatory acts include raising rent, cutting services, refusing to renew a lease, or threatening eviction. When a complaint was made within the prior year, the law presumes any adverse action by the housing provider was retaliatory, though that presumption does not apply if the tenant complained only after receiving notice of a rent increase.
Plain English — not legal advice.
Under Evanston, Ill., City Code § 5 § 5-3-9-1, compliant housing providers document legitimate, non-retaliatory reasons for any rent increases, service changes, or eviction actions—particularly when a tenant has recently filed a complaint or exercised a protected right. Operators should be aware that a complaint made within the prior year can trigger a legal presumption of retaliation. Exceptions exist when a code violation was primarily caused by the tenant's own lack of care or when the tenant is in default on rent.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Evanston, Ill., City Code § 5 § 5-3-9-1 gives tenants a defense against eviction and the right to recover up to two months' rent or twice actual damages—whichever is greater—plus reasonable attorney fees if a housing provider retaliates for protected activity. Tenants who made a complaint within the past year may benefit from a legal presumption that adverse action was retaliatory. General enforcement paths include raising retaliation as a defense in court, contacting a tenant-rights or legal aid organization, or reaching out to the relevant city agency.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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