Blog: Eviction

Lawyers’ Committee for Better Housing thanks the seven judges who attended the Eviction Diversion Program open house Friday, November 2.

Judges and clerks involved in eviction court are able play an important role in creating alternatives to eviction, and we at LCBH appreciate the time and expertise of all who were able to attend.

The Eviction Diversion Program (EDP) is a pilot to help low- to moderate-income Chicagoans avoid potential eviction judgments by facilitating mutually beneficial agreements between tenants and landlords.

First, the pilot program will connect qualified clients to homelessness prevention funds. These funds can be used for rent arrearages to prevent eviction, for security deposits, and to cover first month’s rent for new apartments.

Case management is also part of the pilot program. Tenants will receive short-term, intensive case management services aimed at stabilizing the renters’ housing situation, addressing the underlying issues that led to the eviction, and educating the client on resources to utilize in the future prior to a housing crisis.

A third component of the program is resolution services. Case managers will work with tenants to advocate with their landlords for a mutually beneficial alternative to an eviction order.

A new report by Housing Action Illinois and the Lawyers’ Committee for Better Housing (LCBH) explores how an eviction filing on the public record is a serious obstacle to finding housing for people whose cases did not result in them actually getting evicted. This is true even in cases where the tenant didn’t violate their lease in any way. Prejudged: The Stigma of Eviction Records shows that 39% of eviction cases filed in Cook County during the past four years did not result in an eviction order and/or other judgment against the tenant. The report recommends enacting state legislation that would hold eviction case records from public view until cases are completed to protect these individuals from unfair barriers to renting a home in the future.

"This is an issue that affects about 15,000 people in Cook County each year," estimates Mark Swartz, Executive Director of Lawyers’ Committee for Better Housing. "There is no judgment against them, but there is a filing on their record. When they go to rent, prospective landlords too often reject them based on screening reports that don’t reflect the outcome of a case."

In 30-plus years in the Logan Square area, Margie had only lived in four different apartments. When a new owner bought her building, she was going on her seventh year in the apartment she shared with her son. It was cramped to share a one-bedroom with him, and she wished they had a shower instead of a bathtub, but it was affordable. They both work hourly wage jobs—he’s been Employee of the Month time and again at a large retailer, and she loves the job at a restaurant where she has worked for more than a decade.

The property management company that took over Margie’s building informed her that their rent would spike from $700 to $1000 in just three months. When Margie told them there was no way she could afford the increase, they agreed that she could pay $800 per month for the next year. In return, they would leave her apartment "as-is" and not include it in the renovations they were undertaking in the rest of the building—which is located in a rapidly gentrifying neighborhood.

Imagine you’re sprawled out on your couch after getting home from work, taking a moment to unwind from the day, thinking about what you might make for dinner. In the midst of your thoughts, you hear a knock at the front door, so you roll off the couch and answer it. The next thing you know, you’re standing on the street as you watch the sheriff lock you out of your house, with no warning, no explanation.

For thousands of families across Chicago, what happened to Ms. Thomas—unjust eviction from her home—is more than a simple hypothetical; it’s a frightening reality. Standing on the street with her son and two grandchildren, Ms. Thomas watched as she was suddenly barred access from the house she’d rented for years. And then she heard the word that she should’ve heard months ago: foreclosure. Knowing that she needed legal assistance, Ms. Thomas called Lawyers’ Committee for Better Housing (LCBH).