Affirmative defenses.
Municipal Code of Chicago § 14X-12-1205.7
in effect14X-12-1205.7 Affirmative defenses.
The following shall be affirmative defenses to penalties for noncompliance with Section 14X-12-1205:
1. At the time of the violation the structure was occupied by any number of individuals, lawfully or unlawfully.
2. The owner or another mortgagee has registered the building pursuant to Section 14X-12-1204 or 14X-12-1205.3, as applicable, and such registration is current.
3. The mortgagee is barred from doing any action required by Section 14X-12-1205 by an automatic stay pursuant to a bankruptcy proceeding, provided that the mortgagee tenders evidence including the bankruptcy case number.
4. The mortgagee has cured all violations within 30 days of receiving written notice of such violations. Notice sent by U.S. mail shall be deemed received seven days after mailing. An affidavit shall be conclusive proof of mailing.
5. At the time of the violation, the mortgage was not in default.
6. At the time of the violation, the mortgagee was not the senior lienholder of record on the real estate.
7. A receiver has been appointed for the premises by a court of competent jurisdiction.
8. In a foreclosure case involving the premises, the owner or mortgagor is actively pursuing any of the following:
8.1. A pleading or motion which asserts claims or defenses against the mortgagee.
8.2. A discovery request seeking a response by the mortgagee.
8.3. A request for mediation.
Source: City of Chicago, Municipal Code of Chicago (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/chicago/latest/chicago_il/0-0-0-2676619Fetched: 10/24/2026