Blog: Eviction

LCBH's new Chicago Evictions data portal, https://eviction.lcbh.org, was released Thursday, May 16, before some 200 supporters of the organization, advocates, policymakers, and others at Austin Town Hall Park, 5610 W. Lake St. Based on Chicago residential eviction court records filed during the calendar years of 2010-2017 with the Circuit Court of Cook County, the portal’s unveiling was supported by a grant from Polk Bros. Foundation.

"Being in eviction court has consequences way beyond losing an apartment," says Mark Swartz, executive director of LCBH, the only legal aid agency in the Chicago area advocating solely for renters since 1980. "Our data highlight a series of problems we must solve if the city is to have decent, fair and affordable housing – and help point the way toward some of those solutions, as well."

One example of a consequence is that eviction filings make it difficult for tenants to find a new apartment even if the filing does not result in eviction, due to the way tenant screening services currently use eviction filing data.

The vast majority of tenants appear in eviction court without legal counsel. They often feel pressured to sign agreements, including agreed eviction orders, which offer them little benefit, and contain terminology they don't understand.These agreed orders or settlements may have far-reaching impact on tenants’ credit, ability to receive public housing assistance, or ability to rent in the future—but renters may not be aware of those potential impacts when they agree to a settlement.

LCBH has teamed up with LAF and DLA Piper to provide brief legal services through the Eviction Brief Advice Desk (EBAD) to help tenants currently facing eviction. Located at the Daley Center, the EBAD advises pro se renters on how to best advocate for themselves in court, and helps them resolve their case as successfully as possible, ideally avoiding an eviction order or getting the record sealed.

In its first year, the EBAD served 64 tenant families, providing advice, preparing pro se documents (e.g. settlement agreements, continuances, motions to vacate, appearances/jury demand); and negotiating deals with pro se landlords and opposing counsel.

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."