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.
The City of Chicago’s Committee on Housing and Real Estate met today. The agenda included a quarterly progress report on the Department of Housing’s 5-year housing plan. Mark Swartz, LCBH’s Executive Director, provided the following statement on Chicago’s ongoing eviction problem:
Good Afternoon. My name is Mark Swartz and I am the Executive Director of Lawyers’ Committee for Better Housing.
As we embark upon the new 5-year Housing Plan, I want to address the topic of eviction both as a driver of displacement of our most vulnerable citizens as well a threat to the Plan’s principals of diversity and equity between and among our communities. I also want to share with you a resource that LCBH designed to help understand Chicago’s eviction landscape.
On May 16 of this year, LCBH launched the Chicago Evictions data portal along with a series of 3 reports highlighting some of the impacts eviction has had on the City. The data show that since 2010, on average, there have been just over 23,000 evictions in Chicago each year – that’s about 1 in 25 renters and their families each year who are facing eviction.
On May 16, 2019 we held a community forum at Austin Town Hall Park to release our Chicago Evictions data portal that analyzes eviction court records filed during the calendar years of 2010-2017 with the Circuit Court of Cook County. Our guest speakers were Deborah Bennett (Polk Bros. Foundation), Taft West (Chicago Community Loan Fund), Peter Rosenblatt Ph.D (Loyola University), Diane Limas (Communities United), Frank Avellone (LCBH), and Anthony Simpkins (Chicago Dept. of Planning & Development). If you were not able to attend – or if you were there and want to revisit some of the insights and recommendations our panelists shared — you can now view the full forum on YouTube!
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.
Rentervention is a chatbot service that will offer support to low-income tenants in unsubsidized Chicago housing dealing with conditions issues, eviction, and security deposit disputes. Tenants will be able to access help 24/7 though either a website or by texting. When appropriate, the chatbot will refer tenants to a free lawyer providing limited scope support through Rentervention’s Virtual Clinic.
Conor Malloy joined our team in December last year as the project director of Rentervention. In this role, he develops content for pro bono attorneys, creates scripts for the chat interface, and trains pro bono attorneys. Conor is excited to lead this pilot project in utilizing technology to easily provide legal guidance to those most in need.
Rentervention will go live on May 1, and a public awareness campaign will help promote the project to renters throughout Chicago over the summer.
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.
Students in the Osher Lifelong Learning Institute civic engagement program of Northwestern University received a "guided tour" and briefing session on eviction court October 18.
After observing part of the eviction court call at the Daley Center Thursday morning, the group of 16 adult learners debriefed the experience with Executive Director Mark Swartz and Supportive Services Director Jude Gonzales. The students remarked on the obvious disparity in legal representation. Their experience was in line with the recent Prejudged report finding that while 81% of landlords had attorneys, only 12% of tenants did. Students commented that they could see how this put tenants at a disadvantage in the court cases they observed.
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.
On Monday, February 6th, State Representative Will Guzzardi introduced H.B. 2430, which seeks to repeal S.B. 531, known as the Rent Control Preemption Act. Real estate lobbyists drove the passage of S.B. 531 in 1997 with the intent of preventing any thought of rent control in the state, despite the fact that no city had any form of rent control or rent stabilization in place.
The basis of the bill to repeal S.B. 531 is that the Illinois Constitution allows for "municipal home rule," where cities can make decisions for themselves unless a state law explicitly prohibits them from doing so. Thus, repealing S.B. 531 is foremost about honoring local decision-making.
It is important to note that repealing S.B. 531 would not institute any form of rent control or stabilization in any region of Illinois on any level. Repealing S.B. 531 would simply eliminate the preemption of rent control in order to prioritize local decision-making. This is a critical distinction.