Tenant Lockouts Are Illegal

Story by Tulsi McDaniels

A picture of a judge's gavel.Only A Judge Can Evict You

In July, MTO counselors jumped into action when tenant Harold D. faced an illegal eviction by his landlord.

The landlord changed the locks. Harold called the police. As often happens, the police declined to act or even to file an official report of the incident.

Despite the police refusing to do their job, Harold and the MTO counselor persisted.

With the help of the Metropolitan Tenants Organization, an advocate engaged with the landlord, informing him of the potential for jail and daily fines for continuing the lockout. This threat of escalating penalties prompted the landlord to restore Harold’s access within the hour.

Thanks to the effective advocacy and Harold’s persistence, he successfully reclaimed his home and upheld his rights as a tenant.

MTO is currently planning to pilot a lockout project to demonstrate an alternative to relying on the police to enforce the law. Stay tuned and don’t let landlords bully you out of your apartment.

Lead – FAQ

Know the facts about lead:

  • What is lead? Lead is a heavy metal that is harmful to your health.
  • Where is lead found? The most common sources of lead are found in the home! Chipping paint and dust in homes built prior to 1978, tap water, soil and some toys and jewelry are the most common sources of lead. You can’t always see lead, even when it is present.
  • What amount of lead is safe? Lead in the body is not safe at ANY level.  It only takes a very small amount to cause life-long health problems, including learning disabilities, behavioral problems, and other health issues.
  • What are the long-term effects of lead poisoning? Lead can damage organs, stunt neurological development and may even cause death.
  • What are some of the warning signs of lead poisoning? Stomach pains, constipation, poor appetite, sleep problems, headaches, issues with sleeping.
  • How do I know if I have lead in my home? If your home was built prior to 1978, there is a good chance there is lead in your home but the only way to positively identify lead is with testing. The Department of Health offers free testing if your child has recently been found with elevated levels of lead.
  • Who’s responsible for addressing lead sources in the home? The landlord is responsible. Under federal law, at the start of a tenancy, the landlord must provide tenants with a lead disclosure form that details any known lead hazard in your unit or the common areas and a copy of the EPA booklet “Protect Your Family from Lead in your Home“. Under 2004 Childhood Lead Prevention Act, the landlord must also post a notice if a lead hazard has been found in another unit. That notice must remain posted until all documented hazards are properly repaired.
  • What if the landlord refuses to address lead sources? Call the Renter’s Hotline at 773-292-4988 M-F, 1-5pm or call the city of Chicago’s Childhood Lead Poisoning Prevention program at 312.747.LEAD[5323]. You may request an inspection. If the landlord refuses to make repairs and old paint is pulling away from the wall, cracking, chipping or peeling and it is a code violation, you can give the landlord a 14-day written notice to reduce your rent. See “Apartment Repairs and Conditions
  • What can I do to reduce the risk of exposure? 
    • Ask your doctor to test your child for lead
    • Regularly wet-mop floors and wet-wipe windows
    • Remove shoes when entering the home
    • Teach your children to wash their hands before eating
    • Do not use pottery for cooking or serving without knowing if the glaze has lead
    • Do not disturb paint without protecting your family from the dust
    • Feed your child a diet high in iron, calcium and vitamin C – all help fight lead in the child’s body
    • Test your water for lead and use a EPA approved filter
    • Test soil around home and do not plant a garden before confirming that soil is safe
    • Regularly check recall lists for toys, jewelry and other household items which may have lead

Still can’t find the answer? Send us your questions. Please allow several days for a response. Or to speak with a Healthy Homes Organizer, call 773.292.4980 ext. 225.

Organizing Works – Past Campaigns By Ward

2023 - O'Shea Neighbors United Protest Levav Properties Serving Non-Renewal of Lease Notices to Over 100 Beverly Tenants
Beverly Tenant Protest – 2023

Organizing around tenant rights is about winning through building community and collaboration. We are not only proud of our work but our consistent victories in the city of Chicago. Check out several of our recent tenant organizing successes in this ever-growing list.

2024

  • S. Stony Island (8th Ward) – Tenants expressed concerns about management and security and wanted to form a tenant association. Tenants organized to form an association and through direct action ensured that new security measures were implemented. 
  • N. Sheridan (48th Ward) – Building tenants faced various safety issues including fire prevention, bedbugs, and poor building management. Tenants mobilized and formed a union, presenting management with their demands. Results included repairing fire escapes and the building’s elevator and mitigating a severe outbreak of bedbugs. 
  • S. Daniel Drive (9th Ward) – Tenants organized around the landlord’s reluctance to make necessary repairs, Despite landlord retaliation, tenants organized around holding the landlord accountable. Not only were repairs made, but tenants formed an association to continue efforts to ensure building quality and safety.
  • S. Drexel (20th Ward) – Tenants organized to focus on issues of poor property management. After establishing a union, tenants forced landlords to improve security and ensure further cooperation.
  • W. Cermak Rd (20th Ward) – After receiving significant rent increases without remediation for healthy home issues, tenants organized to assert their rights. After securing legal counsel and withholding rent, tenants received significant repairs (including windows and floors) and improved pest control efforts.
  • S. Champlain (4th Ward) – Tenants organized around health and welfare issues caused by 3500 pounds of sanitary waste and other debris. Results included inspection, engagement of the alderman, and negotiations.

2023

  • W 103rd (19th Ward) – New property management company provided no-cause lease terminations for over 100 residents across six buildings. Tenants organized and received rent forgiveness, rental reimbursement, and some received lease extensions for one year.
  • E. 79th (6th Ward) – Landlord attempted to intimidate tenants by charging for refrigerators, visiting the property with armed security, and threatening eviction. Thanks to tenant organizing, landlord was forced to make changes including security screen doors, tuck pointing, heat, installing a new stove, and tenant rent forgiveness
  • S. Burley (10th Ward) – Tenants organized around issues concerning lack of repairs and the resulting landlord harassment and retaliation. Efforts around organizing resulted in hiring an  extermination company, improving security,  and increased tenant input on renovation priorities.
  • E. 41st St (3rd Ward) – Organizing around efforts to reopen the building’s community room, tenants formed an association to address this and other issues, including smoking in units, ventilation issues, and disrespectful management.
  • E. 38th Street (3rd Ward) – Tenants organized around a series of maintenance issues including broken washers and dryers, bedbug infestations, and a flooded community room. Despite landlord harassment and intimidation, tenants successfully organized and had washers and dryers fixed, bedbugs exterminated, and an improved community room with increased attendance.
  • N. Hudson (27th Ward) – Forming a union to counter management harassment and security issues, tenants were able to have needed repairs made and improve security.

Support the Just Housing Amendment

Screen Shot 2016-08-23 at 10.09.04 AMOne out of every three Americans has an arrest record. Nearly 50% of children have a parent with a criminal record. Housing policies that ban people with records disproportionately affects people of color and people with disabilities.

The Just Housing Amendment will ban discrimination in real estate transactions based on one’s covered criminal history, help reduce recidivism and make Cook County a safe place, as well as protect children and families from the consequences of housing instability. People re-entering their communities with access to stable housing are seven times less likely to recividate than those facing homelessness.

Home is the cornerstone from which people build better lives for themselves and their families. People with criminal records, like everyone else, deserve a place to call home. Housing is a right!

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Ms. Hightower testifies in support of the Vacant Property Ordinance: TEXT

Good morning, my name is Ms. Patricia Hightower.  I am a resident of Chicago, Illinois, and I live in a senior building on the southeast side of Chicago.  I am also a member of the Metropolitan Tenants Organization.

I am very concerned about the number of vacant properties that are in our neighborhoods.  These properties are not only eyesores but are emotionally disturbing to citizens who are already overwhelmed with the high cost of living, crime, utility and medical bills.

In addition to being an eyesore, these properties are a breeding ground for drugs, gangs, illegal activities and prostitution.  Hard working law-abiding citizens should not have to walk by vacant properties occupied by gangs.  These are the same gangs that use vacant properties to stash their drugs and run illegal activity.

Oftentimes, the vacant properties I see in my community are not maintained.  The grass is not cut, garbage is everywhere, mice and rats roam freely and drug paraphernalia is visible.  The Vacant Property Ordinance Bill is significant because it gives concerned citizens the ability to hold banks accountable when they can’t find the owner of properties that are not maintained properly.

As a concerned citizen, I value my community and feel strongly that vacant properties devalue the economics and social fabric of my community.

I strongly urge the committee to pass the Vacant Property Ordinance and demonstrate to the citizens of Chicago that they value all communities.

I would like to thank the committee’s for allowing me to express my concerns and views on vacant properties and their affect on my community.

I am encouraged that we are headed in the right direction to change this epidemic that plagues too many communities.

Again, thank you.

[Link here to previous related article.]

Extremely High Levels of Lead Detected in Pilsen Air

MTO’s offices are located directly across the street from the Fisk Generating Station and very near Perez Elementary School.

New monitoring data obtained by the Tribune reveal that high levels of toxic lead frequently lingered in the air last year outside an elementary school in the predominantly Latino enclave that is attended by nearly 500 children.

Average lead levels at Perez Elementary School were at or above federal limits during three three-month periods in 2010, the data show. Lead pollution exceeded health standards during a fifth of the days monitored and, on one day in December, spiked more than 10 times higher — findings that alarm even veteran investigators.

Read more here at chicagotribune.com.

MTO takes on Application Fees

MTO hotline counselors have been hearing that landlords have been charging applicants outrageous fees when applying for housing without providing any explanation for the basis of the fees or if they are refundable. These ambiguous fees can go towards background checks, credit checks, or simply be used as a holding fee to “guarantee” the next available room. We do not know how many landlords are asking for these large fees. However, we are aware that some applicants have paid several hundred dollars in mysterious application fees only to find out there is no vacancy in the building. Subsequently, these applicants are denied a refund.

Representative Barbara Flynn Currie is responsible for introducing HB 1607 ca. HB 1607 will require landlords and management companies to charge reasonable fees and provide a written itemized account of each fee. HB 1607 was passed by committee on March 16 by party vote. This bill will make it illegal for companies to charge prospective tenants fees when there are no rental units available and hold companies responsible for making a good faith effort to return any amount of an application fee that is not used. Management companies or landlords that violate this law would be liable to the applicant for the application fee, civil court filing costs, and reasonable attorney fees incurred. Metropolitan Tenants Organization would like to hear from you. Have you been charged an application that seemed high? If so, what was it for and did you rent the apartment? Your stories can be helpful in securing passage of this law.

No RLTO – Terminate Tenancy – Sample Letter

This letter applies to residents within the city of Chicago only who are covered under the Residential Landlord Tenant Ordinance (RLTO). Please see the Exceptions to the RLTO to ensure the law applies to you.
For tenants in suburban Chicagoland, please click here for the law as it applies in your town.

RLTOSUMMARYLETTER

When Bed Bugs Attack

Bed bugs have returned, invading our hospitals, hotels, public transportation, and most unsettling of all, our homes. While bed bugs do not transmit disease, bed bugs have proven to be a serious nuisance to homeowners and renters alike, across the nation.

While New York City leads the nation in reported incidents of bed bug infestations, according to an August 2010 report released by Terminix, the Windy City does not find itself far behind – we live in the fifth most bed bug infested city in the U.S. MTO can certainly attest to this, as hotline calls pertaining to bed bugs have increased dramatically in the last two years. In 2010, MTO received 313, usually very frantic, calls with complaints of bed bugs. Two years ago, bed bug calls to MTO’s hotline were nonexistent.

In response to this sudden reemergence of bed bugs in Chicago, MTO has led efforts to create a roundtable of representatives from HUD, EPA, Chicago Department of Public Health, Illinois Department of Public Health, and other invested agencies and community organizations. MTO is actively working with this group on creating a policy proposal for HUD subsidized buildings. Among other recommendations,  MTO has proposed the following to be included in a HUD policy on bed bugs:

-Landlords should disclose any known bed bug infestations within the previous 12 months to prospective renters,

-HUD should support an initiative for an educational campaign on bed bugs and pest control,

-Landlords should hire certified/licensed pest control professionals for both bed bug inspections and treatments,

-Landlords should encourage tenant notification of bed bug sightings by never retaliating against tenants (e.g. imposing fees, threatening eviction, etc),

-and HUD should allocate a long term source of funding to help landlords and renters combat bed bug infestations.

MTO is working on the bed bug issue at the state level as well. Meron Kahssai, an MTO Healthy Homes Organizer, has been appointed to the Illinois Subcommittee on Bed Bugs, a subcommittee of the Illinois Structural Pest Control Advisory Council. MTO will serve on this subcommittee as the voice of renters and will provide the necessary insight on the plight of renters to the other members of the state’s bed bug subcommittee. The goal of this subcommittee is to create a report with recommendations to the IL General Assembly on the prevention, management, and control of bed bugs which include recommendations on an educational campaign, proper transport and disposal of bed bug infested materials, and best practices of treatment and eradication.

Tenants who have dealt with bed bugs are encouraged to join MTO’s bed bug committee. This committee is open to anyone who is interested in serving the need of renters affected by bed bugs by pushing policies for both subsidized and market rate renters. Please contact Meron Kahssai at 773-292-4980 ext. 229, if interested.

Bed bugs will be the topic of discussion at the January 20th Tenant Congress meeting at the Chicago Urban League (4510 S. Michigan). Following a presentation on bed bugs, the floor will be open for a question and answer session. This meeting is open to the public.