Chicago Board of Realtors v. City of Chicago

Chicago (defendant) passed an ordinance codifying the implied warranty of habitability, requiring landlords to hold security deposits in interest-bearing Illinois accounts, capping late-rent fees at $10 regardless of amount owed, permitting tenants to withhold rent for lease violations, and creating a rebuttable presumption that evictions following a tenant's exercise of these rights were retaliatory; property owners (plaintiffs) sued claiming the ordinance was unconstitutional and sought a preliminary injunction, which the district court denied for lack of a reasonable likelihood of success on the merits, and the owners appealed.