Landlords show up against Evanston’s proposed landlord ordinance changes

Evanston’s latest effort to strengthen tenant protections hit a hiccup on June 10 when the city council decided to delay amending its Residential Landlord Tenant Ordinance to July.

The ordinance included changes to renewal notices, late fees and more, according to a city memo. These changes frustrated landlords who claimed it would place an undue burden on them, and in turn create a negative impact on the city’s affordable housing goals.

“While I do appreciate the work the Housing and Community Development Committee did with this amendment, I am concerned about how the policy will impact on the entire community,” local landlord Hugo Rodriguez said during public comment. “We have strong tenant protections in Evanston but we must ensure that we don’t go so far in those protections that our local housing providers cannot afford to provide affordable rental housing.”

Rodriguez said the proposed late fee of $25 for monthly rents not exceeding $1,600 and $25 plus 5% of the rent above $1,600 is too complicated and a more standardized approach would be easier for everyone to follow.

Additionally, Rodriguez hinted at Evanston’s unique characteristic of housing Northwestern University playing a factor. The ordinance would require landlords to give residents a 90 day notice of renewal while tenants must give landlords only 30 days. Rodriguez said 30 days isn’t enough time to turn around to swiftly rent out the property, saying the expectations for landlords and tenants are unbalanced.

“This will create issues for out-of-state students or people looking to come into the city looking to secure a lease in advance,” Rodriguez said. “A 60 day non-renewal notice for both parties will provide enough time for tenants and housing providers to make arrangements.”

Owner of rental agency North Shore Apartments and Condos Eric Paset also spoke out against the changes, saying they will create a burden on existing landlords. He referenced the sale of an apartment complex on Hinman Ave which had previously modest rent prices which have since grown by hundreds of dollars.

“How did that help affordable housing?” he asked. “If they sell out, that affordable housing is gone also. The older the owners get, the less they want to put up with.”

Proponent of the ordinance Mark Karlin called the changes modest and said he and his wife have been struggling to find suitable housing for their needs. He pushed back against arguments made by landlords that increased fees would cut into their profit thus making it difficult to pay mortgages.

“When you own a building or a unit, yes you’re getting rent but you’re also getting an appreciation in the value of the unit itself. The asset,” Karlin said. “So when we hear that a landlord is leaving because requirements are getting so onerous they have to sell their building, trust me, they’re selling it at a handsome profit given the Evanston housing market.”

Other changes would see the responsibility of attorney’s fees fall on the landlord, addition of a one time right to pay delinquent rent and require landlords to give tenants information about utility costs, code violations and foreclosure activity.

The proposed amendment also states housing providers cannot charge an unreasonable amount for move-in expenses, such as credit-check fees, nor will landlords be allowed to rename the fee to avoid being associated with move-in, the ordinance states.

Director of Fair Housing at Open Communities Dominic Voz said the social services organization fully supports the amendments, saying it sets a reasonable baseline for tenants and landlord rights and responsibilities.

“I trust that many landlords here are good, reasonable business owners,” he said. “But public policy 101 tells us that we don’t design our laws starting from that position. Most drivers are responsible but we need stop signs and speed limits because some are not.”

He said some of the apprehension from smaller landlords who provide naturally occurring affordable housing is reasonable but basic rules are necessary and “common sense.” Voz called for the city to adopt just cause language in the ordinance as well in reflection of policy used in public housing across the country.

Councilmember Bobby Burns said tenants need more time to think about housing decisions. He said with rent prices going up, people need time to evaluate the pros and cons of staying in their lease after properly researching potential options.

Evanston’s Housing and Community Development Committee will likely discuss the amendments at its June 25 special meeting. Councilmember Eleanor Revelle, who chairs the committee, said this isn’t ideal because the committee is already behind on its 2024 agenda and has already spent significant time on the proposal.

The committee previously voted to approve the amendments at its April 16 meeting and supported its passing at City Council.

Corey Schmidt is a freelance reporter with Pioneer Press.