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Antler v. Classic Residence Management Ltd. Partnership, 315 Ill. App. 3d 259 (1st Dist. 2000)

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Novack and Macey represented the former managing agent of a "life care facility" situated in Chicago. A prior resident of the facility brought an individual and putative class action asserting that Novack and Macey's client, as well as the other named defendants, had violated Chicago's Residential Landlord Tenant Ordinance ("RLTO") by failing to attach a summary of the RLTO to her residency agreement, and by failing to pay her interest on an "entrance fee" which, she claimed, was in fact a "security deposit." In opposing plaintiff's claim, the defendants argued, among other things, that the RLTO did not apply to facilities operating under Illinois' Life Care Facilities Act because such facilities fell within the RLTO's "extended care facility" exemption. The trial court dismissed plaintiff's complaint with prejudice, and the Illinois Appellate Court (1st District) affirmed, holding that Illinois life care facilities qualified as extended care facilities, and were thus exempt from the RLTO's requirements.

  
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