Real Estate

Implications Of Chicago’s Anti-Gentrification Ordinance

In December 2024, the Chicago City Council amended the Northwest Side Housing Preservation Ordinance, widely called the anti-gentrification ordinance. These changes, which include delaying the implementation of a controversial tenants’ right of first refusal provision and introducing stricter qualifications for tenant-purchasers, aim to balance preserving affordable housing and addressing real estate industry concerns.

Credit CoStar

Initially passed in September 2024, the ordinance targets neighborhoods such as Logan Square, Avondale, Hermosa, Humboldt Park, West Town, and parts of Pilsen. These areas have recently faced significant gentrification pressures, with rising property values and rents displacing long-term residents. The softened ordinance and its revised provisions now have wide-reaching implications for Chicago’s commercial real estate market, affecting investors, tenants, and the future of development in these neighborhoods.

Key Changes to the Ordinance

The amendments to the Northwest Side Housing Preservation Ordinance include:

  • Delayed Implementation of the Right of First Refusal: The tenants’ right of first refusal, initially set to take effect in January 2025, will now begin on March 1, 2025. This provision allows tenants to match third-party purchase offers on two- to four-flat buildings when landlords choose to sell.
  • Stricter Tenant Qualifications: Tenants exercising their right of first refusal will now be required to secure lender pre-approval before making an offer. This is designed to reduce delays caused by unqualified buyers.
  • Sunset Clause: The ordinance now includes a built-in expiration date of December 31, 2029, allowing for periodic reviews of its effectiveness and impact.

These changes are intended to make the ordinance more workable for property owners while maintaining its core goal of preserving affordable housing in gentrifying neighborhoods.

Expanded Impact on Investors

Increased Transaction Complexity

The tenants’ right of first refusal provision introduces new layers of complexity to property transactions. Landlords will now have to notify tenants of their intention to sell, wait for tenants to make a decision, and potentially negotiate with multiple parties. These steps can delay sales and increase holding costs for property owners.

Investors in neighborhoods such as Logan Square and Avondale, where two- to four-flat buildings are common, may be particularly affected. The added procedural hurdles might deter buyers looking for quick transactions or speculative investments.

Shift in Investment Strategies

The ordinance could shift how investors approach neighborhoods like Humboldt Park and Hermosa, which have seen rising demand due to their proximity to downtown Chicago and cultural amenities. Investors may now focus on purchasing larger multi-family properties or commercial developments, which are not subject to the ordinance’s provisions.

Additionally, some investors may adopt a more collaborative approach, working with tenants to navigate the right of first refusal process. Those willing to engage with tenants and the community may find opportunities to build goodwill and long-term stability in their portfolios.

Focus on Emerging Neighborhoods

The ordinance could redirect investment away from targeted neighborhoods like Pilsen and West Town toward less regulated areas of the city. Neighborhoods on the city’s south and west sides, such as Bronzeville or Archer Heights, may attract increased investor interest as they offer lower entry costs and fewer restrictions.

Potential for Reduced Property Values

In areas covered by the ordinance, the possibility of reduced demand for properties subject to the right of first refusal could lead to declining property values. While this might deter some speculative investors, it could also create opportunities for mission-driven investors focused on preserving affordable housing.

Expanded Impact on Commercial Tenants

Stabilized Rents in Targeted Neighborhoods

Efforts to preserve affordable housing indirectly benefit commercial tenants, particularly small businesses, in neighborhoods like Logan Square, Humboldt Park, and Avondale. Stabilizing residential rents helps maintain the local customer base, which is critical for neighborhood retail stores, restaurants, and service providers.

Credit CoStar

Potential Drawbacks for Retail Growth

However, some landlords and developers may delay new projects in these neighborhoods, slowing the pace of retail and mixed-use developments. Commercial tenants may face a reduced supply of modern spaces designed for retail or restaurant use.

Opportunities for Community-Focused Businesses

Commercial tenants that align with community preservation goals—such as locally owned businesses or cooperatives—may find a more welcoming environment in these neighborhoods. Establishments that actively engage with residents and participate in local initiatives could benefit from increased customer loyalty.

Expanded Market Implications

Preservation of Neighborhood Character

The ordinance’s primary goal is to protect long-term residents and prevent displacement in historically working-class neighborhoods. By preserving two- to four-flat housing stock in areas like Logan Square and West Town, the city seeks to maintain the cultural and economic diversity that has defined these communities.

This preservation effort may also support small-scale commercial activities, such as local grocers and specialty shops, by ensuring that their core customer base remains intact. However, this could come at the cost of larger-scale developments that often bring significant retail and service options.

Possible Shift in Development Priorities

Developers may pivot away from constructing high-end luxury housing in neighborhoods like Pilsen and Humboldt Park, instead focusing on projects that align with the city’s affordable housing goals. The ordinance could also encourage adaptive reuse projects, such as converting existing properties into mixed-use developments with affordable housing components.

Spillover Effects on Neighboring Areas

Demand may shift to adjacent areas as investment slows in ordinance-covered neighborhoods, driving up property values and rents there. For example, neighborhoods like Albany Park and Irving Park, not directly covered by the ordinance, may see increased investor activity. This could lead to gentrification in these areas, pushing the affordability challenge to a broader swath of the city.

Challenges in Balancing Development and Regulation

While the softened ordinance aims to balance developers’ and residents’ needs, finding the right equilibrium will remain challenging. Regulations perceived as too burdensome could deter new investments and slow economic growth in targeted neighborhoods. Conversely, if they are too lenient, they may fail to achieve their goal of preserving affordability.

Long-Term Impact on Chicago’s Appeal

Chicago’s ability to attract real estate investment depends on its reputation as a market with clear, predictable regulations. The sunset clause provides a valuable opportunity to assess the ordinance’s effectiveness and adapt as necessary, ensuring that the city remains competitive with other major urban markets.

Conclusion

Chicago’s decision to soften its anti-gentrification ordinance highlights Chicago’s attempt to balance the competing demands of preserving affordable housing and fostering real estate investment. The amended ordinance provides breathing room for property owners and investors while still prioritizing protections for long-term residents in gentrifying neighborhoods such as Logan Square, Avondale, Hermosa, Humboldt Park, West Town, and Pilsen.

The ordinance presents both challenges and opportunities for investors and commercial tenants. Those willing to adapt their strategies and engage with local communities may find long-term rewards in preserving neighborhood character and stability. At the same time, the softened regulations leave room for market activity to continue, offering pathways for development that align with the city’s affordability goals.

As the ordinance is implemented and reviewed in the coming years, its impact on Chicago’s real estate market will offer valuable lessons for balancing growth with equity in urban development. For now, stakeholders must navigate the complexities of this evolving regulatory environment, keeping an eye on opportunities to create value in a rapidly changing city.

Gordon Lamphere J.D.

Gordon is a licensed Illinois & Wisconsin Real Estate Broker, who manages the commercial sales and leasing team. Gordon also leads Van Vlissingen and Co’s media marketing team. He is an honors graduate of St. Mary’s College of Maryland and holds a Juris Doctorate from Tulane University Law School.

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