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In a depressed housing market, owners of condominiums and town homes should have the ability to rent their homes when they need or want to—just as other property owners do.

Under current law, condominium and town home associations can ban owners from renting their units, thus restricting their right to use their investment in a manner they see fit.

Owners may need or want to rent their unit to move for a new job, to purchase of a new home before their original home is sold, to purchase a condo or town home to serve as rental housing for an adult child or elder parent, or to create affordable rental housing in a high-rent area.

Without this change in law, owners can be prevented from using their property in a manner that fits their individual needs and circumstances.

For example, Community Housing Association of DuPage (CHAD), a nonprofit housing provider, now owns 50 town houses in 30 different associations. In recent years, CHAD has been forced to sell town houses which it has been renting to qualified tenants on three occasions and is now being told to sell two more. This is due to the associations at these locations voting to have only owner occupied housing after allowing rentals for several years.

House Bill 5189 maintains an association's ability to ban rentals, but allows unit owners who are renting their unit at the time of ban to continue renting until the unit owner sells the unit voluntarily.

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