STR application appeal process Chicago

[Nathan Mount]

I recently applied to get to approved for STR in the city, for my legal basement apartment in my 3 flat, and was denied since the unit isn't my primary residence. I live on the first floor and figured I would get denied, but didn't want to apply for it and state the basement unit was my primary. Does anyone have experience with the appeal process? Should I re-apply for my first floor unit and just list the basement differently?

[Brie Schmidt]

@Nathan Mount and @Eric Lee

The city has cracked down.  Your application will be denied if you apply for any vacant unit.  You can apply for a commissioner's adjust but that will be denied too

Basically you can only list your unit when you are out of town

(e) Listing and rental in buildings with up to four dwelling units – Restricted. It shall be unlawful for any shared housing host to advertise for rental, list on any platform, rent or book for future rental any shared housing unit that is located in a building containing two to four dwelling units, inclusive, unless such dwelling unit is: (i) the shared housing host's primary residence, and (ii) is the only dwelling unit in the building that is or will be used as a shared housing unit or vacation rental, in any combination. Provided, however, that the prohibition set forth in item (i) of this subsection shall not apply if the shared housing host is on active military duty and such host has appointed a designated agent or employee to manage, control and reside in the shared housing unit during such host's absence. Provided further, that the prohibitions set forth in items (i) or (ii) of this subsection shall not apply if: (a) the applicable commissioner's adjustment under Section 4-14-100(a) permitting otherwise has been obtained; or (b) the shared housing unit was properly licensed, as of June 22, 2016, as a non-owner occupied vacation rental.



(2) in a building containing two to four dwelling units, inclusive, an increase in the number of dwelling units that may be used as shared housing units. Such an adjustment may be approved only if, based on a review of relevant factors, the commissioner concludes that such an adjustment would eliminate an extraordinary burden on the applicant in light of unique or unusual circumstances and would not detrimentally impact the health, safety, or general welfare of surrounding property owners or the general public. Factors which the commissioner may consider with regard to an application for a commissioner's adjustment include, by way of example and not limitation: (i) the relevant geography, (ii) the relevant population density, (iii) the degree to which the sought adjustment varies from the prevailing limitations, (iv) the size of the relevant building and the number of units contemplated for the proposed use, (v) the legal nature and history of the applicant, (vi) the measures the applicant proposes to implement to maintain quiet and security in conjunction with the use, (vii) any extraordinary economic hardship to the applicant, due to special circumstances, that would result from a denial, (viii) any police reports or other records of illegal activity or municipal code violations at the location, and (ix) whether the affected neighbors support or object to the proposed use. The grant of an adjustment shall not exempt the applicant from any application requirement associated with registration of a shared housing unit.