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Council presses pause on rental ordinance as members press for exemptions, refunds and legal clarity
Summary
Councilors said a 90-day moratorium applies to proposed rental compliance rules; members asked staff to stop ongoing enforcement of the draft ordinance for current applicants, sought clarity on a family exemption and asked for a process to make affected landlords whole.
At a Highland Park City Council workshop, members focused substantial discussion on the draft residential rental ordinance, its family-exemption language, and how the council’s temporary moratorium should be applied to landlords who were already in the compliance process.
Council members said the council adopted a 90-day moratorium on enforcement while the body reviews the proposed ordinance. One council speaker summarized the moratorium length bluntly: "It was 90 days." Members said they have received constituent reports that enforcement and application processing continued after the moratorium was announced and asked staff to halt any current enforcement tied to the ordinance during the moratorium period.
The draft ordinance discussed by staff and council incorporates a family exemption that would treat a dwelling as owner-occupied if immediate family members (surviving spouse, children, parents or siblings) reside there. Staff explained the exemption would require an affidavit and an application to notify the city; the affidavit is intended to confirm that the occupant is an immediate family member and to exempt that unit from inspection fees and certain registration requirements.
Council members raised implementation questions staff must answer before further action: whether existing applicants who already paid for certificates should be refunded if the moratorium results in a change; how the city will communicate the moratorium so applicants know to pause their applications; and whether senior-living or lodging-house issues should be handled within the rental ordinance or referenced to the property-maintenance code.
Staff said the draft references the International Property Maintenance Code (IPMC) for utilities and habitability requirements and noted the municipal code on the city website is not fully up to date. Council members asked the CED and legal departments to provide: (1) a written explanation of how the moratorium applies to pending applications, (2) guidance on refund procedures if fees should not have been collected, and (3) a proposed affidavit form and language describing the family exemption and its limits.
No vote took place. Council asked members and staff to exchange proposed changes electronically so the body can deliberate amendments before the next meeting.
