Blog: Eviction

Welcome to LCBH’s Blog. Our blog delivers original articles written by our staff, interns and volunteers. We strive to provide informative stories about the work we do on behalf of Chicago renters and the issues renters face.

Q & A with Mark Swartz on Shadid v. Sims

The Illinois First District Appellate Court recently issued an opinion in the case of Shadid v. Sims involving the Chicago Residential Landlord Tenant Ordinance (RLTO) and whether attorneys are entitled to recover their fees for counter-claims in eviction court.

We sat down with LCBH’s Legal Director, Mark Swartz, to get an understanding of how the court’s decision impacts renters.

What was the original case that led to the appeal?

It was Shadid v. Sims, and it began as a typical eviction case for non-payment of rent. But as LCBH attorneys know too well, not all eviction cases are simply a question of “did you or did you not pay your rent?” In this case, the Sims, who were the renters, counter-claimed that the landlord had failed to maintain the premises free of bedbugs, cockroaches, and rats in violation of the RLTO. The judge agreed with the Sims, their rent was fully offset and they were allowed to stay in their home. LCBH, itself, has alleged any number of habitability counter-claims similar to the Sims.

Neighborhood

This summer, Lawyers’ Committee for Better Housing (LCBH) teamed up with the John Marshall Law School’s Pro Bono Program and Heartland Alliance to help a family in crisis get a fresh start. The Ali family had recently fled Syria during the civil war and escaped to the US where they hoped to establish a new life. They moved into an apartment building that had a bedbug infestation, and soon their small children suffered from bed bug bites that required ongoing medical attention. To make matters worse, the landlord refused to treat the infestation and had threatened the family suggesting he could interfere with their application for asylum.

The family did not speak much English and they were at a loss about how to best to protect themselves. Without steady income and paying for mounting extermination and medical cost, soon the Ali family found themselves in eviction court. For any family, facing a legal system can be very intimidating and foreign, even to those who have lived their entire lives here in America.

Neighborhood

This summer, Lawyers’ Committee for Better Housing (LCBH) teamed up with the John Marshall Law School’s Pro Bono Program and Heartland Alliance to help a family in crisis get a fresh start. The Ali family had recently fled Syria during the civil war and escaped to the US where they hoped to establish a new life. They moved into an apartment building that had a bedbug infestation, and soon their small children suffered from bed bug bites that required ongoing medical attention. To make matters worse, the landlord refused to treat the infestation and had threatened the family suggesting he could interfere with their application for asylum.

The family did not speak much English and they were at a loss about how to best to protect themselves. Without steady income and paying for mounting extermination and medical cost, soon the Ali family found themselves in eviction court. For any family, facing a legal system can be very intimidating and foreign, even to those who have lived their entire lives here in America.

Eviction Defense Training

LCBH is hosting an Eviction Defense Training for interested volunteers on Wednesday,July 22 at 12:00 PM. The training will be held at the LCBH office located at 33 N LaSalle Street, Suite 900. Attendees will also receive 1.0 MCLE credit hour. Please feel free to bring your lunch.

This hour-long training will cover the basics of landlord-tenant law and eviction practice in Illinois. Attendees will learn about the various state and local laws governing landlord-tenant relationships and the ins and outs of the eviction courtroom. We will also discuss different ways to get involved and support LCBH’s mission through pro bono work.

The Lawyers’ Committee for Better Housing (LCBH) believes that every individual and family is entitled to decent housing as a basic need and human right. For over thirty years, LCBH has defended the rights of tenants to have safe, accessible, and affordable housing on a non-discriminatory basis through education, outreach, supportive services, advocacy, and legal representation impacting over 7000 Chicago area renters each year. LCBH provides free legal assistance to low and moderate-income renters facing eviction and other serious housing issues. With the help of our volunteers, LCBH represents over 400 individuals and families in court each year, many times providing the last defense against homelessness.

Please contact snazem@lcbh.org with questions or to RSVP for the training.

Lydia and Anthony Garcia

A decade ago, Lydia and Anthony Garcia, an elderly couple, moved into the second floor of an owner occupied two-flat. The Garcias are both disabled; Lydia requires a wheelchair and oxygen tank and her husband Anthony is confined to a bed. Nearly ten years later, they sought the assistance of Lawyers’ Committee for Better Housing (LCBH) regarding an eviction. During that time, the basement had been illegally subdivided into two additional apartments. However, the building had only two electrical meters serving all four apartments, hallways and common areas. The Garcias suspected that they were not only paying the electrical bill for their apartment, they were also paying the electric bill for the hallways and other common areas, AND both illegal basement apartments!

Lydia and Anthony Garcia

A decade ago, Lydia and Anthony Garcia, an elderly couple, moved into the second floor of an owner occupied two-flat. The Garcias are both disabled; Lydia requires a wheelchair and oxygen tank and her husband Anthony is confined to a bed. Nearly ten years later, they sought the assistance of Lawyers’ Committee for Better Housing (LCBH) regarding an eviction. During that time, the basement had been illegally subdivided into two additional apartments. However, the building had only two electrical meters serving all four apartments, hallways and common areas. The Garcias suspected that they were not only paying the electrical bill for their apartment, they were also paying the electric bill for the hallways and other common areas, AND both illegal basement apartments!

Chicago apartment buildings

During a hot and sticky Chicago summer, Grace and Robert Merkel moved into a single-family home with their six children. Shortly after moving in, the Merkels encountered mold and mildew growing on the walls, ceiling, and carpets. There were roaches and bed bugs in the home, holes in the walls and ceilings, and leaky plumbing. During each of the three winters that the family lived in the home, there was also insufficient heat.

At first, Mr. Merkel attempted to resolve the heating issue himself. He paid to have the furnace fixed, and eventually bought space heaters for each of the bedrooms. Still, the temperature hovered in the 40’s, and the family was forced to wear their winter coats indoors. To address the mold and mildew issues, Robert bought various cleaning supplies but they did not help. The Merkels told their landlord of their issues and he refused to hire a qualified professional to remove the mold. In the meantime, several of the couple’s children developed chronic respiratory irritation due to the constant cold, mold, and mildew they experienced during the winter months. The landlord refused to hire an exterminator, so Robert bought sprays to deal with the bed bugs and roaches, but they repeatedly returned.

Chicago apartment buildings

During a hot and sticky Chicago summer, Grace and Robert Merkel moved into a single-family home with their six children. Shortly after moving in, the Merkels encountered mold and mildew growing on the walls, ceiling, and carpets. There were roaches and bed bugs in the home, holes in the walls and ceilings, and leaky plumbing. During each of the three winters that the family lived in the home, there was also insufficient heat.

At first, Mr. Merkel attempted to resolve the heating issue himself. He paid to have the furnace fixed, and eventually bought space heaters for each of the bedrooms. Still, the temperature hovered in the 40’s, and the family was forced to wear their winter coats indoors. To address the mold and mildew issues, Robert bought various cleaning supplies but they did not help. The Merkels told their landlord of their issues and he refused to hire a qualified professional to remove the mold. In the meantime, several of the couple’s children developed chronic respiratory irritation due to the constant cold, mold, and mildew they experienced during the winter months. The landlord refused to hire an exterminator, so Robert bought sprays to deal with the bed bugs and roaches, but they repeatedly returned.

Letter from Charlotte

Following is a recent letter to LCBH from a client expressing her gratitude for the support she and her family received from LCBH. We want to share this heartwarming story with you, as your support is what makes these stories possible. Thank you!

My name is Charlotte. I came to the Lawyers’ Committee for Better Housing in February, very distressed and afraid of being put out on the streets of Chicago. My landlord, I had been renting with for 8 years, went into foreclosure. I found out when the bank came and put a sign on the front door while I was shoveling snow. They told me I could call the bank and they would tell me what to do. I did not know anything about foreclosure, 90 day notices or being served a forceful eviction notice. I called the bank and they told me I would probably have to move.

Letter from Charlotte

Following is a recent letter to LCBH from a client expressing her gratitude for the support she and her family received from LCBH. We want to share this heartwarming story with you, as your support is what makes these stories possible. Thank you!

My name is Charlotte. I came to the Lawyers’ Committee for Better Housing in February, very distressed and afraid of being put out on the streets of Chicago. My landlord, I had been renting with for 8 years, went into foreclosure. I found out when the bank came and put a sign on the front door while I was shoveling snow. They told me I could call the bank and they would tell me what to do. I did not know anything about foreclosure, 90 day notices or being served a forceful eviction notice. I called the bank and they told me I would probably have to move.