City of Dolton, Cook County IL,
December 15th, 2005
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