Posted by Authored by Humza Ansari
As I sweat on my couch and curse Amazon for not having delivered the window A/C unit I
ordered on Tuesday, I bring good tidings. Heat Season is almost here! Don’t groan, it’s not a
threat. Let’s walk through what Heat Season is, what landlords are required to do, and the
remedies available to tenants if landlords don’t comply with the law.
What is Heat Season and when does it start?
Chicago’s Heat Season refers to the Heat Ordinance in the Municipal Code. (Chicago, Ill., Mun.
Code § 14X-8-802 (2026)). The Heat Ordinance requires that all residential and office units have
adequate heating between September 15 and June 1 of next year. Big picture, landlords must
provide either a working radiator or a central air and heat system during this time. Portable
heaters do not count.
What are the specific requirements?
Under the Code, a residential unit with a radiator must maintain a minimum temperature of
68°F between 8:30 a.m. and 10:30 p.m. and 66°F between 10:30 p.m. and 8:30 a.m. in all
habitable spaces, toilet rooms, and bathrooms while the windows and doors are closed.
(Chicago, Ill., Mun. Code § 14X-8-802.2.2 (2026)). Work space requirements are similar, except
where a lower temperature is “necessary or expedient” for the work or manufacturing process
and meet other regulatory requirements. (Chicago, Ill., Mun. Code § 14X-8-802.2.3 (2026)).
Where a landlord provides central air and heat, the Code requires that the unit maintain a
minimum temperature of 64°F between September 15 and October 15 (before the first date
when the nighttime temperature falls below 45°F) and May and June 1 (on or after the daytime
temperature is higher than 75°F). This applies equally in the residential and commercial
context.
What happens if a landlord doesn’t comply with the code?
Violating the Heat Ordinance entitles a residential tenant to pursue a number of remedies
under Chicago’s RLTO, including: 1) procuring heat themselves, presenting a receipt to the
landlord, and deducting the cost from their rent; 2) recovering damages based on a reduction in
the fair rental value of the unit; 3) procuring substitute housing and recovering the reasonable
value of the substitute housing, with a cap at the tenant’s monthly rate; 4) withholding monthly
rent in an amount that reasonably reflects the reduced value of the premises if the landlord does not correct the issue within 24 hours; and 5) terminating the lease agreement if the
problem persists for more than 72 hours after notice. (Chicago, Ill., Mun. Code § 5-12-110
(2026)).
The City of Chicago will also fine landlords and building owners $500 to $1000 per day, per
violation. That means if the heat is out in multiple units in a single building the fine hits every
single unit impacted. (Chicago Mun. Code §§ 14X-8-802.2.2, 14A-3-302, 14A-12-1203.1 (2026)).
There is no excuse for failing to comply with the Heat Ordinance. The aim of the Code is to
make sure that wherever you live or work, your landlord must keep that place safe. That
includes providing enough heat to help our fellow Chicagoans make it through our increasingly
brutal winters.
Should there be a Cool Season?
Didn’t I tell you about the couch? The sweating? The misery? The answer is yes. I am a scorned
new tenant in Old Town and I want central air! The thrice-painted over radiator will be fine
enough when I need it. Honestly, I’ve never had a bad experience with one.
But seriously, as temperatures continue to rise and the impact of global warming continues to
punch Chicagoans in the gut each successive year, is it too much to ask for a cooling system?
The Sun reported that seven people in Cook County died this year due to the extreme heat, the
highest number in a decade. A small window A/C unit is a marginal cost for most landlords and
could save lives.
Find solace that this brutal Summer is almost behind us. Let’s hope Winter does not
overcorrect.
About the Author
Humza Ansari is the founder of Ansari Business Litigation, a solo commercial litigation practice
in Chicago. His practice centers on using the tools of business litigation to level the playing field
for the people it usually works against, representing tenants in disputes with landlords and
debtors facing collection actions, judgment enforcement, and wage garnishment. He writes
regularly on landlord-tenant and creditor-debtor law, with a focus on Illinois and Chicago
protections.