Chicago - renting a non primary residence

[Julie359]

Hello all.   I am hoping that some of you on here might have an answer to this question. I currently rent my home, which is not my primary residence. I have a difficult time understanding the city code for Chicago, does this mean that starting this month I will no longer be able to rent my house? It looks as this may be the case due to the recent restrictions say it must be the primary residence, not to be gone more than 120 days.   I also see something online saying that it is only if 25% of the neighborhood signs a petition to say that it is only for primary residences.   Is there anyone on here that has a better understanding of the code? I have also emailed my local alderman. 

[Dan128]

Julie,

I recently just received the same notification from the city.  I am looking to hire an attorney to appeal it.  If anyone knows of any attorneys in Chicago that are faimilar with these ordinances I would love  a recommendation.  Thanks!

[Julie359]

Dan

i reached out to my Alderman and she gave me this response. "The Department of Business Affairs and Consumer Protection is handling the execution of the new shared housing ordinance. They are actually having a workshop on Wednesday December 21st from 3:00-4:30pm. The workshop is free and will be held at their offices at 121 N. LaSalle St. 8th Floor, Room 805. We recommend contacting them directly at either BACPoutreach@cityofchicago.org or 312-744-2086.

[Julie359]

And of course I emailed and called to get clarification last week and no response from that department!

[Two-For-The-Road0]

Shorge Shato with keep Chicago Livable.

Joe Moreno on Belmont street

[Lynette58]

HI All

Did you ever find out what the deal is with non-primary residence units?  I have an apartment I'd like to post in a building on my block, but I don't live in it.

Any ideas or thoughts before I apply for the city's registration number?

[Hans188]

Hello Chicago Airbnb Hosts,

I'm in the middle of this process as well for a non-primary residence. I wish to host "shared housing" guests (e.g. Airbnb) at my non-primary residence in Chicago. After submitting the registration application through Airbnb, the City's Department of Business Affairs and Consumer Protection (BACP) denied my application. For those of you in the same situation, there are two options:

1. You can apply for a "Commissioner's Adjustment" to waive the denied registration. Here is a link to the application you must submit: http://www.cityofchicago.org/commissioneradjustment and you'll note that you need to notify neighbors and demonstrate community support for your application.

2. You can appeal the BACP's decision to deny your application. I'm hoping not to go this route, as it might incur legal fees and more effort than my Airbnb hobby is worth.

In case anyone is interested, I submitted my application for a "Commissioner's Adjustment" along with a letter addressing the 9 specific points identified in the link above. I also submitted a letter of support from one of my neighbors. But this was not enough, as I received a notification this week that my application was not approved due to (A) not enough community support and (B) not enough proof that I notified neighbors. After three rounds of communication with the BACP, I now understand that I need to (a) demonstrate broader community support for my application and (b) provide written proof that I notified both of my immediate neighbors.

I have been unable to get a straight answer about what exactly is required to demonstrate "community support", but I'm getting the sense that I need to organize a neighborhood petition and collect many signatures to satisfy this requirement. This seems unduly burdensome and inappropriate since the use of my home to host guests is such a narrow concern rather than something that I would expect to garner broad community support. It also upsets me that uncertainty persists around this issue. For those trying to be good citizens and do the right thing, there shouldn't be so much uncertainty about how to comply with this City ordinance.

Perhaps those of us on this site should form our own petition to get this ordinance reversed, or at least clarified. (Section 4-14-100 of the Municipal Code of Chicago)

Happy hosting!

[Garrett71]

@Hans188 
thank you for the info. Do you have any news as to how your hearing went and or best practices you might share? My email is logansquare312@gmail.com and any advice/additional info is super appreciated.

Thanks!

[Hans188]

The City denied my permit, after I went through the lengthy process of applying for a Commissioner's Adjustment through the Department of Business Affairs & Consumer Protection. Prior to starting that application I actually went to City Hall to meet with a representative of the department who conducts the reviews. I followed all of his instructions and advice, including taking several days off work to collect petition signatures from neighbors and individual letters of support from both neighbors immediately adjacent to my house. However, my application was still denied, citing the application's "9th factor" which refers to support from affected neighbors. What I believe really happened is that my Alderman wants to score some points by not allowing any Airbnb activity. And he orchestrated a way to make sure my application was denied. In fact, I spoke with the rep from DBACP after I submitted my application in May and he thanked me for completing everything and mentioned he would get back to me as soon as he spoke to my local Alderman. Several weeks went by and I didn't hear anything. Then I finally received the denial letter on August 13. Unfortunately, in Chicago, the Aldermen really do have that much power, which is ofter referred to as Aldermanic Prerogative. So, my advice to you and others is to figure out where your Alderman stands on the issue of Airbnb before you invest significant time and money trying to comply with the official procedures.

[Dan128]

Very sorry to hear that. Can you tell me who your alderman is or what Ward the property is located in?

[Long10]

I went back & forth with the City Hall 3 times about this, & they told me you need to register through AirB&B.  I called Airb&b, & they are just clueless.

Then they said it effects everyone in the USA.  

[Julie359]

If you are looking to rent a room in your house, you just request a registration # through the airbnb website.  When I did it last year it took 30-60 days to get my registration number.  You shouldn't have to contact the city of chicago for it.  The registration # automatically gets posted to your airbnb profile.