CHICAGO BOARD OF REALTORS, INC. V. CITY OF CHICAGO
819 F.2d 732 (7th Cir.1987)
NATURE OF THE CASE: Appeal from the denial of an injunction against enforcement of a
landlord-tenant ordinance.
FACTS: The City of Chicago (D) enacted a residential landlord and tenant ordinance
establishing new landlord duties and tenant rights. Among other things, it required payment
of interest on security deposits, allowed the tenant to withhold rent if the landlord
violated the lease, allowed the tenant to make minor repairs and subtract the cost from the
rent, and limited the amount that the landlord could charge the tenant for late rent. The
purpose of this legislation was to promote public health, safety, welfare, and quality of
housing. The Chicago Board of Realtors (P), a group of property owners, challenged the
constitutionality of D's actions, arguing that D violated several clauses (the contracts
clause, procedural and substantive due process, void for vagueness doctrine, equal
protection, the takings clause, and the commerce clause). The district court denied the
motion for preliminary injunction, stating that P did not have a reasonable likelihood of
prevailing on the merits. P appealed, and the court of appeals affirmed the lower court's
decision. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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