Oak Park Title 12 Residential Rental Licensing (Arts. 2, 4, 6) § 12-6-3
DEFINITIONS
Operative Text
Whenever used in this article, the following words and phrases shall have the following meanings:
DWELLING UNIT: A structure or part of a structure that is used as a home, residence, or sleeping place by one or more persons who maintain a household together, with the common areas and all housing services, privileges, furnishings, and facilities supplied in connection with the use or occupancy thereof, including garage and parking facilities. A dwelling unit includes a mobile or manufactured home where the tenant has entered into rental agreement to reside in the home. Where a dwelling unit is also governed by the Mobile Home Landlord and Tenant Rights Act, 765 Illinois Compiled Statutes 745/1 et seq. (MHLTRA), this article shall augment and not replace the rights of both landlords and tenants as set out in the MHLTRA. Where there is a direct conflict between the provisions of this article and the MHLTRA, this article shall take precedence except for the following sections of the MHLTRA which shall govern: Section 6 - "Obligation of Park Owner to Offer Written Lease," 765 Illinois Compiled Statutes 745/6; Section 8 - "Renewal of Lease," 765 Illinois Compiled Statutes 745/8; and Section 9.5 - "Abandoned or Repossessed Properties," 765 Illinois Compiled Statutes 745/9.5. Section 12-6-11 of this Article ("Security Deposit") shall supersede in its entirety Section 18 of the MHLTRA ("Security Deposit; Interest"), 765 Illinois Compiled Statutes 745/18, in its entirety.
HARASS OR HARASSING: Knowing conduct which is not necessary to accomplish a purpose reasonable under the circumstances that would cause a reasonable person emotional distress to the tenant and does cause emotional distress to another.
LANDLORD: The owner, agent, lessor, sublessor, or the successor in interest of any of them of a dwelling unit or the building of which it is part.
MOVE-IN FEE: The fee that a landlord charges to a tenant that is reasonably related to the landlord's cost for a tenant moving into the dwelling unit including, but not limited to, additional security costs or additional trash removal.
OWNER: One or more persons, jointly or severally, in whom is vested all or part of the legal title to property, or all or part of the beneficial ownership, and a right to present use and enjoyment of the premises including a mortgagee in possession.
OWNER-OCCUPIED: The residential building, or at least a portion or one unit thereof, condominium, or cooperative, is occupied by the owner of the residential building as their principal residence.
PERSON: An individual, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal or commercial entity, unless otherwise expressly excluded.
PREMISES: The dwelling unit, and the structure of which it is a part, facilities and appurtenances therein, and grounds, areas, and facilities held out for the use of tenants.
RENT: All payments to be made to the landlord under the rental agreement. When it is used as a determination of damages, and the tenant has a subsidized rent, such as a Housing Choice Voucher, "rent" shall mean the full market rent, not the tenant rent based on income.
RENTAL AGREEMENT OR LEASE: A written or oral agreement, and any valid rules and regulations adopted pursuant to section 12-6-8 (C) embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises.
SECURITY DEPOSIT: Funds provided to a landlord to secure payment or performance of a tenant's obligations under a rental agreement, or the obligations of the tenant for its guests or pets, and the identifiable proceeds of the funds, however denominated. The term does not include rent or fees.
TENANT: A person entitled, by written or oral agreement, subtenancy approved by the landlord, or by sufferance, to occupy a dwelling unit to the exclusion of others.
WRITTEN NOTICE: Communications in writing shared as handwritten, typed, or printed documents, mailed documents, or electronically mailed or messaged documents. (Ord. 21-60, 7-19-2021)Oak Park Title 12 Residential Rental Licensing § 12-6-3 establishes the precise meanings of key terms used throughout Article 6, ensuring consistent interpretation of the ordinance. Concepts such as "dwelling unit," "landlord," "tenant," "rent," and "security deposit" each carry specific legal definitions that shape how rights and obligations are applied under the article. Notably, the section addresses how this article interacts with Illinois's Mobile Home Landlord and Tenant Rights Act, generally giving the Oak Park ordinance precedence except in specified areas, and it clarifies that when calculating damages for subsidized tenants, "rent" means the full market rate rather than the tenant's reduced contribution.
Plain English — not legal advice.
Property owners and managers operating under Oak Park Title 12 § 12-6-3 should be aware that the defined terms in this section govern how the entire Article 6 is interpreted and applied. For example, the definition of "landlord" is broad enough to include agents, lessors, and successors in interest, meaning compliance obligations can follow a property through ownership changes. Operators of mobile or manufactured home communities should pay particular attention to how § 12-6-3 delineates which provisions of the state Mobile Home Landlord and Tenant Rights Act are preserved versus superseded by the Oak Park ordinance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Oak Park Title 12 § 12-6-3 sets out the foundational definitions that determine how tenants' rights are interpreted throughout Article 6, including what counts as a "dwelling unit," who qualifies as a "landlord," and what funds constitute a "security deposit" versus a fee or rent. Tenants in mobile or manufactured homes should note that this article generally supplements—and in most cases takes precedence over—the state Mobile Home Landlord and Tenant Rights Act, with limited exceptions spelled out in § 12-6-3. Tenants who believe a landlord is misapplying these definitions—for instance, mischaracterizing a security deposit as a fee—may consider raising the issue as a defense in any related proceeding or reaching out to a local tenant-rights organization for general 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 November 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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Rules and statutes that cite this regulation