We sat down with LCBH Staff Attorney Rachel Pollak to reflect on a recent case involving a landlord who refused to accept any form of rental assistance to cover her client’s back rent. Rachel filed a Source of Income Discrimination lawsuit, not just to protect her client, but also to prove rental assistance is a source of income worthy of protection.
Tell me a little about your client?
Last summer, “Hannah” contracted COVID-19 leaving her unable to work. Without a steady income, she fell behind on rent for the first time. Hannah’s landlord filed an eviction against her, stating she needed to pay her back rent or move out. Working as tireless advocate for herself and her family, Hannah found and applied for two sources of emergency rental assistance before her court date. In December, both requests were approved pending her landlord’s participation. At her first court date a month later, Hannah was referred to the Early Resolution Program (ERP). There, I helped Hannah apply for Cook County Emergency Rental Assistance.
What about this case is different from other cases LCBH takes? How often do we see landlords refuse to take rental assistance?
This case is different because despite the tenant’s constant work to pay her landlord everything she owed, the landlord refused to participate in any rental assistance applications of any kind. More and more we are seeing landlords refusing rental assistance, which leaves tenants in impossible predicaments.
What happened after her landlord refused to accept any rental assistance?
I filed a source of Income discrimination lawsuit against Hannah’s landlord. His refusal to accept any emergency rental assistance was discriminatory against Hannah, who used the funds as a source of income to support herself and her family. After that, Hannah’s landlord quickly reversed his stance on rental assistance, agreeing to accept her back rent, dismiss the case, and seal her eviction record.
Given the result of the case, what precedent does this set for other landlords who may refuse rental assistance funds?
This case, and others like it, shows landlords that tenants have a right to use any source of income – including rental assistance – to cure their rental default. It makes clear that landlords cannot force tenants out of their homes under the guise of skepticism about rental assistance; doing so is discrimination based on source of income. By taking cases like this, we normalize the notion that rental assistance is a source of income worthy of protection. The more we advocate for tenants in this situation, the more we show landlords we are ready to protect tenants who are relying on this source of income to stay housed.