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Berwyn, IL Rental Property Rules: Repairs & Habitability (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Minimum heat
70ºF three feet above floor, ordinary minimum winter conditions
Hot water
Heaters capable of at least 120ºF
Floor space
150 sq ft first occupant, 100 sq ft each additional
Window area
8% of floor area in each habitable room
Notice to comply
In writing, not less than ten days
Maximum fine
$2,000 per violation, each day separate (§ 202.99)

Summary

In the City of Berwyn, Illinois, no one can occupy as owner or let a dwelling that fails the Chapter 1486 minimum standards: weathertight, watertight and rodentproof walls, roof, windows and doors, safe stairs and porches, working plumbing, and a clean, sanitary vacant unit before any re-letting.

No person shall occupy as owner-occupant, or let to another for occupancy, any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements. (A) Every foundation, floor, wall, ceiling and roof shall be reasonably weathertight, watertight and rodentproof, capable of affording privacy and be kept in good repair. (B) Every window, exterior door and basement hatchway shall be reasonably weathertight, watertight and rodentproof and shall be kept in sound working condition and good repair. (C) Every inside and outside stair, porch and appurtenance thereto shall be so constructed as to be safe to use and capable of supporting the load that normal use may cause to be placed thereon, and shall be kept in sound condition and good repair. ... (H) No owner shall occupy, or let to another for occupancy, a vacant dwelling unit unless it is clean, sanitary and fit for human occupancy.

Full Breakdown

Section 1486.11 of the Berwyn Code of Ordinances, Construction and Maintenance, applies to every owner-occupant and every landlord. Foundations, floors, walls, ceilings and roofs must be reasonably weathertight, watertight and rodentproof and kept in good repair. Windows, exterior doors and basement hatchways must be kept in sound working condition. Stairs, porches and appurtenances must be safe and able to carry normal loads, plumbing fixtures and pipes must be free of defects, leaks and obstructions, and division (G) bars an owner, operator or occupant from shutting off a required service except for actual repairs or an emergency approved by the Health, Fire or Building Inspector.

Other sections of Chapter 1486 add numbers. Under § 1486.09 every dwelling unit needs a kitchen sink, a flush water closet and lavatory, a bathtub or shower, hot and cold water lines, water heating able to deliver at least 120ºF, and two safe and unobstructed means of egress. Section 1486.10 requires window area of 8% of the floor area in each habitable room, openable area equal to 40% of that minimum, screens on outdoor doors and windows from May 1 through October 31, and heating able to reach at least 70ºF three feet above the floor under ordinary minimum winter conditions. Section 1486.12 requires 150 square feet of floor space for the first occupant and 100 more for each additional occupant, and bars use of a cellar as a habitable room.

Enforcement runs through the Health Inspector, Fire Inspector and Building Inspector (§ 1486.02). A notice of violation must be in writing and allow not less than ten days to comply (§ 1486.03). A person can petition the Board of Health for a hearing within ten days of service, and the hearing must start within ten days of the petition (§ 1486.04). An unchallenged notice becomes an order after ten days (§ 1486.05), and an aggrieved person can seek relief in a court of competent jurisdiction (§ 1486.06). Pests are split by responsibility in § 1486.13(F): the occupant when only one unit is infested, the owner when two or more units or the shared parts are infested.

Violations & Fines

Section 1486.99 has no penalty of its own and points to the general code penalty in § 202.99: a fine of not more than $2,000 for each violation, with every day the violation continues counting as a separate offense. Rules the Board of Health adopts under § 1486.08 carry the same penalty. Under § 1486.07 an inspector who finds an emergency can issue an immediately effective order without notice or hearing, and the affected person must comply at once and then petition the Board of Health for a hearing.

Frequently Asked Questions

Can a Berwyn landlord rent out a unit that is dirty or vacant and unfit?
No. Section 1486.11(H) provides that no owner shall occupy, or let to another for occupancy, a vacant dwelling unit unless it is clean, sanitary and fit for human occupancy. The same section requires roofs, walls, windows and exterior doors to be reasonably weathertight, watertight and rodentproof.
What minimum temperature must Berwyn rental heat reach?
Section 1486.10(E) requires heating facilities able to heat all habitable rooms, bathrooms and water closet compartments to at least 70ºF at three feet above floor level under ordinary minimum winter conditions. For common-plant heating in tenement houses, hotels and lodging houses, § 1486.10(F) sets a schedule from September 15 to June 1.
Who pays for pest extermination in a Berwyn rental?
Under § 1486.13(F), the occupant is responsible when only that dwelling unit is infested, unless the owner failed to keep the dwelling reasonably pestproof. The owner is responsible when two or more units are infested or the shared or public parts of the dwelling are infested.
How long does an owner have to fix a violation notice?
Section 1486.03(B) requires the notice to allow a reasonable time, but not less than ten days. A person affected has ten days after service to petition the Board of Health for a hearing under § 1486.04. Without a petition the notice automatically becomes an order under § 1486.05.
How much is the fine for violating the Berwyn minimum standards?
Chapter 1486 sends penalties to the general code penalty in § 202.99, which sets a fine of not more than $2,000 for each violation. Every day the violation continues is a separate offense, so an unresolved condition can accumulate fines daily.

Sources & Official References

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