City of Dolton, Cook County IL,

On October 25, 2005, the Realtor Association of West/South Suburban Chicagoland (RWSSC), a voluntary trade organizations, brought an  action for injunction in Federal court against the Village of Dolton (Cook County, IL) , alleging that a proposed housing ordinance amendment introduced in October of 2005 prevents a seller from selling a property “as is” , which constitutes an impermissible restraint on the right to sell or transfer property.
 
Dolton's ordinance is intended as local action to prevent property blight.  Its municipal code requires minimal housing standard, pre-sale inspections, either on consent of owner or court ordered warrant.  If a property does not pass the inspection, the seller currently has two options:
         1.      complete required repairs prior to the sale or
         2.      escrow funds sufficient to complete the repairs.  The buyer must then enter into an agreement with the Village to complete the repairs.
 
Dolton recently proposed an amendment to their current ordinance that would drastically limit the buyer and seller’s options. In addition, these changes now specifically address HUD and VA owned properties.
 
        If an inspection is made, in a transaction between private parties, the inspected property cannot be sold and/or occupied unless the property is in compliance with municipal housing code, which now includes certification by a roofing contractor.
 
        If an inspection is made, in a transaction between HUD/VA and a private buyer, the inspected property cannot be sold and/or occupied unless:
                 a.   the property is in compliance with municipal housing code OR
 
                 b.   the buyer escrows repair funds AND enters into an agreement with the Village to use the funds to make necessary repairs (to receive a seal for sale only). Certificate of Occupancy will not be issued until the property is in    
 
To view the Complaint filed by RWSSC, please click on the following link.

RWSSC Complaint

To view The Village of Dolton’s Minimum Housing Standards and Property Maintenance Ordinance and its proposed amendment, please click on the following link. 

Dolton Ordinance


 

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