On June 5, 2013, the City of Chicago adopted an Ordinance in response to the emergence of bed bugs in community living environments. The Ordinance takes effect on December 2, 2013, and requires condominium associations and cooperatives to take specific action under the Ordinance. This Ordinance should be carefully reviewed by condominium associations and cooperatives located in Chicago, and appropriate action should be taken to comply with its provisions.

Here are just a few of the highlights of the Ordinance.

1.  It declares bed bugs a public nuisance.

2.  Where infestations are found or suspected in rental units, it requires landlords to provide extermination services by a qualified exterminator and to maintain a written record of control measures performed to eliminate bed bugs.

3.  It requires the extermination of bed bugs to be performed according to best practices, including “cloverleaf extermination” or any other method approved by Department of Public Health rules and regulations.

4.  Condominiums and Cooperatives must have a pest management plan for the detection, inspection, and treatment of bed bugs within their buildings. This plan must be in place on or about March 2, 2014.

5.  Condominium unit owners, and lessees with a proprietary lease in a cooperative, are required to notify the governing association of known or suspected bed bug infestations in their unit, and must cooperate with the association in the control, treatment, and eradication of bed bug infestations.

What does this mean for your Association?

The Ordinance includes much more detail than outlined above. The Board of Directors of each Chicago condominium association and cooperative needs to become familiar with the Ordinance and take the necessary proactive measures under the Ordinance. Kovitz Shifrin Nesbit can provide counsel to your condominium or cooperative with respect to the Ordinance and as to what your condominium or cooperative must do to comply, and we can assist in the development of appropriate rules and regulations.