New Northwest Side "preservation ordinance" hurts small multi-unit owners

 

A Logan Square preservation ordinance along "The 606" elevated park trail on the North Side has inspired similar ordinances in adjacent areas. Photo Eric Rojas, Broker, Kale Realty 

The new "Northwest Side housing preservation ordinance" is problematic to me. This was rushed through the city council with little public debate. I don't know why Alderman continue increase taxes and regulations on small business and property owners. Do they think owning real estate and business in the city is a walk in the park? We're all greedy? My biggest issues are:

1. A tenant right to first refusal to purchase a multi-unit building when an owner wants to sell. The tenant buyers can force a contract with the owner BUT do not have to prove financial ability to purchase nor have to deposit more than 5% of the purchase price. The process can hold up sales for minimum but in effect much longer.

2. The tenant right of first refusal may be assigned to a 3rd party, further complicating sales for property owners.

Here's a summary of these issues in the ordinance:

Notice Timeframe & Right Of First Refusal Timeframe: 1-2 Units: 30 day notice required prior to sale, 15 day right of first refusal 3-4 Units: 30 day notice required prior to sale, 30 day right of first refusal 5+ units: 60 day notice required prior to sale, 90 day right of first refusal Timeframe to close if tenant ROFR is exercised: 5+ units: 120 days to exercise right of first refusal 1-4 units: 60 days to exercise right of first refusal.

"If purchaser purchases a rental property AND USES ANY PUBLIC FUNDS IN THE PURCHASE, then the rental property shall be maintained as affordable housing for no less than 30 years".

Financial assurances; deposit. The owner may not require the tenant association to prove financial ability to perform as a prerequisite to entering into a contract. The owner shall not require the tenant association or tenant(s) under Section 5-11-070060(b)(3), to pay a deposit of more than 5 percent of the contract sales price in order to make a contract. The owner must refund the deposit in the event of a good faith failure of the tenant association or tenant(s) to perform under the contract.

View the area and major points below. In my opinion there should be exemptions AT LEAST for owners with fewer than a dozen units... or some sort of compromise. These are often live-in owners or they invested and lived in a building than moved on to another home while keeping the rental building.

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