Villegas said he wants to "make sure that we're not making it harder for that person who wants to capitalize on the largest asset they own, that we're not putting them in a situation that impacts the price they can get."
Both men said they are also concerned about the snags in getting mortgages and title insurance, which Crain's reported in May. While those problems appear to be isolated, Villegas said they suggest to him the city's Law Department didn't thoroughly examine the text and implications of the ordinance when it was introduced last year.
"It did not get enough attention," Villegas said, "not enough I's dotted and T's crossed."
The council passed the ordinance Sept. 17 with a 44-3 vote. It was supposed to take effect Oct. 9, an unusually short interval. The shortness reflected the urgency of the need to preserve affordable rental housing, said its sponsors, including Ald. Carlos Ramirez-Rosa, then 35th Ward alderman and now superintendent of the Chicago Park District. He told Crain's at the time that the idea was to keep investors from making a quick round of purchases in the time before the ordinance took effect.
Several of the ordinance's provisions, including increased demolition fees when older housing is being replaced with new, higher-priced homes, went into effect as planned. But the tenant right-to-purchase portion was delayed, first until November and then until March.
In December, Ramirez-Rosa and other sponsors introduced changes to that portion of the ordinance designed to give more weight to property owners. Tenants who wanted to exercise their right to buy the property would have to show proof they could get financing — either a mortgage preapproval letter in the case of a one- to four-unit building, or a lender's letter of intent for a larger building.
This was “to show that the tenants are operating in good faith,” Ramirez-Rosa said at the time. “There was some fear from the (real estate industry) that you might get tenants who say they want to buy but are really just trying to distract the process.”
Another change was to make the TOP program a pilot running through Dec. 31, 2029, with the city studying its impact during that time before moving forward.
Now, less than four months into the pilot, Villegas and Cardona want out.
When he voted for the ordinance last year, "I didn't expect to see these legal issues," Villegas said. "But we've been monitoring it, and we see there are issues impacting the people who own property and (want) to sell. We need to correct the ordinance."