Chicago Tenants and Chase Bank

Her building, 7263 S. Coles, is quite literally falling apart. Bricks are falling off the front of the South Shore apartment building, not to mention the ceilings are falling in and the electricity is about to cause on fire any minute, she says. The bathtubs won’t drain, so they sit, daily, full of grey water, while families try to wash themselves in the kitchen sink. Mold, insects, pests – you name a problem, they got it.

It’s so bad that the city has deemed it uninhabitable, and Saturday, they will come out to vacate 10 families from the premises. Richards and her neighbors gathered downtown yesterday afternoon, asking for relocation assistance from the party they say is responsible for the building’s profound neglect – Chase Bank.

Read the entire story here at One Story Up

Watch the report from We The People Media here

Lawyers, Low-Income Housing & Other Resources

This is an informational resource list. None of the following organizations have affiliation with the Metropolitan Tenants Organization.

Legal Organization Referrals

Evictions (tenant must be low-income)

Lawyers’ Committee for Better Housing (referral must be faxed)…………..312-784-3527

Chicago Volunteer Legal Services (serves Spanish speakers)………………..…312-332-1624

Chicago Legal Clinic (retaliatory eviction only) (serves Spanish speakers)………773-731-1762

Advice before court or to get an extension to stay:

CARPLS Advice Desk Room 602, Daley Center located at Station 7 – Pro se defendants only

Kent Law School Advice Desk Room 602, Daley Center – Pro se defendants only

Illinois Legal Aid Online Pro Se  www.IllinoisLegalAid.org  www.AyudaLegalIl.org

Tenants in CHA or HUD housing or on a Section 8 program

LAF (must fit under income guidelines)…312-341-1070

(unit conditions ONLY)……………….312-229-6093

Cabrini Green Legal Aid……..312-738-2452

Security Deposit Defense

Chicago Legal Clinic (deposit must be $2500 & over) ($30 1st visit & court)….773-731-1762

Cabrini Green Legal Clinic (income guideline & $20.00 fee)……….312 738 2452

Lawyers Committee for Better Housing……(312) 784-3527

Tenants over 60 years of age

Chicago Department on Aging………312-744-4016

Tenants with Disabilities And Seniors

Mayor’s Office for People with disability up to age 59 ……….312-744-6673

Legal Clinic for the Disabled and seniors (must receive referral from Chgo. Dept. Of Aging)……. 312-908-4463

Center for Disability and Elder Law (they also cover legal issues beyond Tenant/Landlord)………312 376 1880

Community Counseling Centers of Chicago (C4)…………………………………………………………………..773-769-0205

National Alliance on Mental Illness of Chicago HELPLINE………………………………………………….312-563-0445

Tenants living in Logan Square or surrounding neighborhoods:

Micah Legal Aid……… …….773 463-6768

Tenants living in or around Uptown area 60640

Uptown People’s Law Office (Eviction Defense Only) ………… ………773-769-1411

Suburbanites with questions

CARPLS (Cook County, serves Spanish speaking tenants too)…… …..312-738-9200

Open Communities (North & Northwest Cook County Suburbs)…847-501-5760

Prairie State Legal Services DeKalb & Kane………..630-232-9415

Du Page……… ..630-690-2130

Kane………….…630-232-9415

Lake & McHenry………847-662-6925

Will………………815-727-5123

Peoria…………….309-674-9831

MTO Lawyer Referral List

PRIVATE ATTORNEYS

Aldon Patt (security deposit) ……….312-641-0885

Berton N. Ring (class action & appellate, Mold Inspectors)…………..312-781-0290

Brian Gilbert (eviction, security deposit, and consumer defense)….872-216-4615

Daniel M. Starr (security deposits, evictions and class actions)………….. 312-346-9420

David Morris (security deposit, affirmative RLTO, class actions, retaliation, lockouts, illegal entry, trespass, and utility theft if $3000 or more is owed to tenant) Chicago, Mt. Prospect, Oak Park and Evanston………………312-986-3200

Hall Adams (bed bugs, must demonstrate via paper trail that the bed bug issue has occurred)……………….. 312-445-4900

Joan Fenstermaker (security deposit, retaliation, foreclosure, illegal lockouts and illegal late fees)…….312-371-6473 or http://givemebackmydeposit.com/

John Norkus (security deposit, unit conditions, evictions, consumer)…312-600-7457

Joseph F. Vitu    ……….312-726-2323

Susan Ritacca …………… 872-222-6960

Michael A. Childers (security deposit, other legal advice)………..312- 641-1900 (speak or leave message with Beverly Hadley)

Mike Radzilowsky (primarily evictions)   …………312-986-0600

Morgan Cook (tenant-landlord law, debt collection defense)…………………….312-880-7215 or www.legalmcfirm.com

Paul Bernstein (security deposit).…1-866-769-2892

William Moore (security deposits, affirmative RLTO) ……………….. 708-268-3495

Chicago Bar Association (for other Attorney referrals)…………….312-554-2001
(Free Legal Advice every 3rd Saturday of the month & no income guidelines.)

Illinois Attorney Registration & Disciplinary Commission………….…. (312) 565-2600

Government & Other Resources

Ameritech Reverse Directory (to find landlord address)…………411

CEDA (weatherization program for low income)……………800-571-2332

Center for Conflict Resolution (Mediation)……………312-922-6464

CHAC Fraud Hotline…………………………..800-533-0441

CHA………………………………312-935-2600

Chicago Dept. on Aging + (disabled & tenants over 60)…………312-744-4016

Chicago Department of Childhood Lead Poisoning….(312) 747-5323

Chicago Dept. of Community Development……………………………311 or 312.744.5000

Chicago Housing Authority (CHA Housing and Sec. 8)…………312-742-8500

CHA Hotline (for complaints about CHA management)……………………1-800-544-7139

Circuit Court Clerk’s Office (to find out if you’re being sued)…………312-603-5030

Citizen’s Utility Board (complaints about utility bill)…………..…800-669-5556

Condo Owners………. 312-987-1906

Cook County Recorder of Deeds (Sale of Property Info)………312-603-5050

Cook County Sheriff’s Eviction Unit…………….312-603-3365

Cook County States Attorney Consumer Fraud………..312-814-3000

Department of Consumer Services (sec. deposit & utility theft complaints) …312-744-4090

Department of Human Services (emergency shelter)………312-746-5400

Eviction Court…………………..312-603-6486
Or cookcountyclerkofcourt.org (full docket search)

For Building Inspections & Emergency Rental Assistance…………..311 or 312-744-5000

HOME (Seniors needing help moving) …………..(773) 921-1332

MTO Hotline* – Tenants Rights …. 773-292-4988 (M-F, 1-5pm)

HUD Complaints about Section 8 Counselor……………….312-353-6236

HUD…………………………..312-353-7776

IL Commerce Commission (regulates utility providers)…………800-524-0795

Independent Police Review Authority (to file complaint against police) ……………… 312-745-3609

Lakeside CDC (condo owners)……………………..773 381 5253

LIHEAP (Low Income Home Energy Assistance Program)………..312-795-8800

Little Brothers Friends of the Elderly (social support for the elderly)…………312-455-1000

Pro Se Court, Rm 602, Daley Center (for claims up to $1500)……….312-603-5626

Rental Assistance & Utility Assistance………311 or 312.744.5000, ask for short term help

Shriver Center (victims of sexual & domestic assault)………….……..….312-263-3830

Small Claims Court (for claims between $1500 to $5000) .Civil Division…..312-603-5145

United States Postal Service……………………………….800-275-8777

Discrimination

Access Living (disability 226-1687TDD-hearing impaired)………312-640-2100

Chicago Lawyers’ Committee for Civil Rights Under Law………312-630-9744

Commission on Human Relations (all discrimination complaints)…312-744-4111

Illinois Department of Human Rights (Fair Housing Division)………………..312-814-6227

John Marshall Law School Fair Housing Legal clinic…………312-786-2267

Latinos United (referrals and trainings)………….312-226-0151

Foreclosure

newschicago.org or cookcountyassessor.com (to get PIN # of the property, then call recorder of deeds)

Recorder of Deeds……………………………………312-603-5050

(Give them PIN# to see if apt. has a case #, if it has a case number call Chancery Court 312-603-5133)

Neighborhood Housing Services (landlords facing foreclosure)…………….773-329-4010

Tenants in foreclosure (income guideline & costs)

Lawyers’ Committee for Better Housing (referral must be faxed).……312- 784-3507

(Statewide)……………………….855-207-8347

Low-Income Housing Resources:

www.ILHousingSearch.org

Bickerdike Apartments (low-income housing)…………………………………………773-227-6332
– Provides housing for low-income tenants.

Chicago Housing Authority…………………………………………………….. …….. (312) 742-8500
– The Housing Choice Voucher Program is a federal housing rental assistance program. It allows low-
income families to rent good housing in the private market. The voucher program pays a portion of their rent each month directly to the property owner or manager.

Cook County Housing Authority…………………………………………………………(312)542-4728
– Provides access to decent, safe, and affordable housing to low and moderate income individuals, families,
elderly and/or disabled within suburban Cook County.

Earthly Women Corp. ……………………………………………………………………..708 822 3786
– Serves women and single parents.

East Lake Management & Development Corp…………………………………..……..312.842.5500
– Offers affordable housing to tenants throughout the chicagoland area.

Habitat Corp……………………………………………………………………..…….….(312)527-5700
– Provides housing for low-income tenants.

Heartland Alliance……………………………………………………………………..….312- 660-1300
– They build and advocate for safe, high-quality housing and supportive services for people experiencing
homelessness, poverty, or chronic illness.

Hispanic Housing Development Corporation………………………………………… (312) 602-6500
– Provides housing for low-income families and the elderly.

Housing Opportunities and Maintenance for the Elderly (H.O.M.E.)………….……. 773-921-3200
– Committed to improving the quality of life for Chicago’s low-income elderly, Housing Opportunities and
Maintenance for the Elderly (H.O.M.E.) helps seniors remain independent and part of their community by
offering opportunities for intergenerational living and by providing a variety of citywide support services.

Housing Opportunities for Women…………………………………………….………(773) 465-5770
– Their goal is to help homeless women and children exit the homeless shelter system as quickly as possible
by providing rental subsidies to secure permanent housing. They also offer employment services.

IL Housing Development Authority……………………………………………….…… (312)836-5200
– Help create and fund affordable housing programs across the state.

Mercy Housing Lakefront Office………………………………………………………….312.447.4500
– To create stable, vibrant and healthy communities by developing, financing and operating affordable,
program-enriched housing for families, seniors and people with special needs who lack the economic
resources to access quality, safe housing opportunities.

Landlords seeking assistance

Chicago Rents Right…….………………312-742-7369

Spanish Coalition for Housing…………773-276-7633

Community Investment Corporation……………312 258 0070

or via email (preferred): taft.west@cicchicago.com

Neighborhood Housing Services (landlords facing foreclosure)…………….773-329-4010

Resources for Homeowners:

Partners In Community Building, Inc…………….312.328.0873
– Financial Literacy, Credit Repair, Other services

Translation Services:

Chinese American Service League (Translation, Southside)…………………312-791-0418

Chinese Mutual Aid (Translation, North side)……………………………………773-784-2900

Polish American Association……………………………………………..773-282-8206

Resources for writing letters or other areas of support (citywide)

LIFT- Chicago Uptown Office…………………………773-303-0700

LIFT- Chicago Pilsen Office……………………………312-994-8387

Tenants and Foreclosure – FAQ

Tenants impacted by foreclosure: Frequently Asked Questions

What is a foreclosure?
When an owner falls behind in mortgage payments, foreclosure is the court process by which a bank forces the sale of a building used as security in order to pay off the owner’s debt. In an effort to protect tenants who live in a building that is in foreclosure, the city passed the Keep Chicago Renting Ordinance (KCRO). Under the KCRO, you may be eligible for a lease renewal or $10,600 in relocation assistance. To learn more click HERE.

Who owns the building while it is in court?
Just because a building is in foreclosure does NOT mean that the building has been foreclosed on or will be foreclosed on. Until the court approves a sale and there is a confirmation of sale, your landlord still owns the building. In most cases, the bank acquires the property and becomes the owner.

What are some common signs that my building might be in foreclosure?
Maintenance suddenly stops
– Utility shutoff notices
– Banks sending notices to the landlord
– Realtors hanging around the building, or taking pictures of the building
– The landlord disappears and/or stops collecting rent.

How long does the foreclosure process take?
The court process takes an average of nine months. If the owner is not able to satisfy the bank’s requirements, the court puts the property up for sale where it is usually bought by the bank.

Where can I find out if my building is in foreclosure?
1. Get the PIN # of the property by going to www.cookcountyassessor.com and entering the building address.

2. Enter the PIN # at www.cookrecorder.com or call the Recorder of Deeds at 312-603-5050 and give them your PIN #. If the building is in foreclosure, they can provide you with the foreclosure notice (the “lis pendens”) and the associated foreclosure court case number.

3. For more information about the case go to www.cookcountyclerkofcourt.org or call the Chancery Court, at 312-603-5133. You can also go to http://www.cookcountyclerkofcourt.org – go to online case info – full docket search – and search the chancery division for the landlord’s name under defendant or using the case #.

Under the Keep Chicago Renting Ordinance (KCRO), if your building is in foreclosure, you may be eligible for a lease renewal or $10,600 in relocation assistance. To learn more about the KCRO, click HERE.

Do I still have to pay rent?
Yes. As long as you are living in the unit you must pay rent. Checks or money orders are best so that you have proof of payment. You can still be evicted for nonpayment of rent even though your landlord is in foreclosure.

What if I don’t know to whom to pay rent or the landlord stops collecting it?
Click here to find our who the owner is or contact a lawyer to assist you in determining the new owner of the property. Be sure to ask any new people claiming to be the owner for proof before giving them rent money. The law only requires that tenants make a good faith effort to pay the rent if the landlord disappears. Some examples of good faith efforts to pay rent may include:
– Holding the rent in a money order
– Using the rent on utilities your landlord was paying
– Using the rent to make repairs to the property
– Sending a letter via certified mail, requesting information from the new owner on where to send the rent. (Keep             a copy of the letter for yourself)

Do I have the right to break my lease because my landlord is in foreclosure?
No…however, if you are covered under the Chicago Residential Landlord Tenant Ordinance and did not receive proper notice, please see below under Are landlords required to tell their tenants that their building is in foreclosure?

The bank has taken over the building. What do I do?
The bank is your new landlord. You must pay them rent once they have notified you as to whom and where to pay, and they are responsible for repairs, any utilities paid by the old landlord, etc. If you are uncertain of who to pay, hold your rent in escrow. Also, check to see if you’re covered by the Keep Chicago Renting Ordinance. You may be eligible for relocation assistance if the bank chooses not to renew your lease.

The sheriff posted a notice saying that my landlord or unknown occupants must vacate the building. Does this apply to me?
No. If your name is not on the notice, you do not have to move. Immediately contact the sheriff’s office at (312) 603-3365 to inform them that there are tenants in the building and contact an attorney to get legal help. If the sheriff shows up, you will need to show them identification, as well as your lease, a piece of mail, or other evidence proving that you are a tenant in the building and not the landlord.

Will I have to move? How much time will I have once a new owner takes over?
If the building is foreclosed upon and sold, the new owner must give you 90 days or until the end of your lease, whichever longer. However, if the new owner would like to use the unit as a personal residence, they do not have to honor the lease, but they must give you at lest 90 days notice prior to eviction proceedings. Once the lease expires, the owner must give you a 30 day notice in writing before proceeding in eviction court. (This is assuming that you are lease complaint and up to date on rent.)

NOTE: The sheriff’s office can and will evict tenants during the winter, with the exception if it is 15 degrees or snowing.

Can the bank or new owner put me out without a court date?
No. If anyone tries to evict you before taking you to court, then it is an illegal eviction, also known as a lockout. Call the police, file a police report (get officers name and badge #) and contact the Tenants Rights Hotline at 773-292-4988. If you receive a summons to court make sure to contact an attorney.

Will this eviction show on my record?
If you were evicted solely because of the foreclosure your attorney can petition the judge to seal the record. If you are evicted for nonpayment of rent, it will be on your record.

The bank offered me a “Cash for Keys” deal. What should I do?
Sometimes banks offer tenants a cash for keys deal in order to vacate the building more quickly. Evaluate the entire situation first and make sure you have enough time to find a safe and decent apartment. Make sure you get any deal in writing and talk to a lawyer before you sign. If the bank does not offer a settlement feel free to ask for one. However, be aware that many tenants are eligible for $10,600 under the KCRO, which is more than most banks will initially offer. Call us or contact an attorney before agreeing to any “Cash for Keys” deal.

How do I get my security deposit back?
If your tenancy is NOT governed by the Chicago Residential Landlord Tenant Ordinance (CRLTO): The bank is not responsible for your deposit. If you do not receive your security deposit back within 45 days of moving you can take your landlord to court. If you know your landlord is in foreclosure court or is about to lose the building ask for written permission to live out your security deposit. If you live out your deposit without permission you can be evicted for non-payment of rent. If your tenancy is CRLTO please see below.

Additional Information for tenants who are covered under the Chicago Residential Landlord Tenant Ordinance (CRLTO): If you live in Chicago, the Ordinance governs your tenancy unless you reside in:

  • An owner occupied building containing less than seven apartments;
  • A hotel, motel, inn, rooming house, or boarding house (unless you have resided there for more than 31 days and pay rent on a monthly basis); or
  • A hospital, convent, monastery, school dormitory, temporary overnight or transitional shelter, cooperative, or
  • A building owned by your employer (assuming your right to live there is conditioned upon you being employed in or around the building).

What happens to my security deposit?
In the event that the building is lost to foreclosure, the lender is responsible if the landlord fails to return the security deposit.

Are landlords required to tell their tenants that their building is in foreclosure?
If your tenancy is governed by the CRLTO: The landlord is required to tell current tenants about foreclosure filings within seven days of being served with a foreclosure complaint. The landlord must also inform any potential tenants before they move in. Tenants who were not properly informed about the foreclosure can sue for $200 in damages and/or terminate their leases.

Additional References:
Building Inspectors: Call 311 for an inspection if you have repairs that need to be made or are lacking utilities.
If you need assistance moving or with a security deposit call 311 and inform them that your landlord is in foreclosure.

Request an inspection online

Lawyers Committee for Better Housing: (312)-347-7600

Legal Assistance Foundation (Subsidized Tenants): (312)-341-1070

Sheriffs Eviction Unit: (312)-603-3365

Chancery Court: (312)-603-5133

Metropolitan Tenants Organization Tenants’ Rights Hotline: (773)-292-4988 Open: Mon-Fri, 1-5pm

Chicago Legal Clinic: (773)-731-1762

Citizens Utility Board: 1-800-669-5556

Evictions – FAQ

NOTE: If your landlord lives in your building, see the “Exceptions” note on the right side of this page.

What must my landlord do if he/she wants to have me evicted?
She must file a lawsuit against you. This lawsuit is called an “eviction action” or a “forcible action.” Your landlord cannot have you evicted unless he/she wins this lawsuit.

Does my landlord have to provide me with a written notice before filing an eviction action against me?
Yes. The kind of notice required depends on the landlord’s reason for terminating or refusing to renew your tenancy.

What if my landlord wants me to move when my written lease ends?
At least 30 days before your lease ends, your landlord must provide you with a written notice stating that he/she will not renew your tenancy. Then, if you don’t move he/she can file an eviction action against you.

If I have a written lease agreement, can my landlord have me evicted before it ends?
Only if you violate one of the lease provisions.

What if I’m behind in my rent?
Your landlord can give you a written demand for the rent. This demand is called a “5-day notice” because it states that your tenancy will end unless you pay all the rent owed within no less than 5 days. If you fail to comply with this demand, your landlord can file a lawsuit against you. (If you live in a CHA building, the notice must give you 14 days within which to pay the rent).

What should I do if I receive a 5-day notice?
Give your landlord all the rent you owe within the next 5 days. Bring a witness with you when you make your rent payment. That witness can then testify on your behalf, if your landlord later denies that you paid or tried to pay the amount owed. Always pay with a check or money order. You can then use the canceled check or money order receipt to prove you paid rent on a certain date.

What if the 5-day notice demands more rent than I owe?
Give your landlord just the amount you owe.

What if my landlord refuses to accept my rent within the 5-day period?
He/she gives up his/her right to file an eviction action against you. If he/she still files this action, call an attorney immediately.

If I don’t have all the money I owe, should I give my landlord a partial payment?
Only if he/she agrees, in writing, to (1) allow you to pay the rest of what you owe later, and (2) not evict you for failing to pay everything you owed within 5 days of receiving the termination notice.

What if I offer my landlord the rent after the 5-day period ends?
He/she does not have to accept it. But if he/she does accept it, and if your tenancy is governed by Chicago’s Residential Landlord and Tenant Ordinance, he/she cannot evict you. (See the front cover of this pamphlet to find out whether the Ordinance governs your tenancy.)

What if I violate some other provision of my lease?
Your landlord can serve you with a notice describing the violation and stating that your tenancy will end in no less than 10 days. The notice must also advise you of your right to “cure” within this 10-day period, and thereby preserve your tenancy. If you fail to “cure” the violation in a timely manner, your landlord can file an eviction action against you.

How can I “secure” a lease violation?
By taking whatever action is necessary to correct the violation you committed. Assume, for example, that your lease prohibits you from keeping any pets. If your landlord serves you with a 10-day termination notice because you have a cat, you can cure your violation by getting rid of the cat within 10 days of receiving the notice.

What steps should I take to prove I cured the lease violation?
Within 10 days of receiving the termination notice, send your landlord a letter explaining what action you have taken to cure the violation. Send the letter by certified mail and keep a copy. If your landlord files an eviction action against you, bring the letter to court.

Does the termination notice always have to state a reason for the termination of my tenancy?
That depends on whether you have a written lease or an oral (unwritten) lease. If you have an oral lease, the notice does not have to state a reason for the termination of your tenancy. Instead, it may simply state that your tenancy will end in no less than 7 days (if you pay rent every week), or no less than 30 days (if you pay rent every month). Your landlord must give you this notice at least one day before your rent is due. If you don’t move at the end or this 7 or 30 day period, your landlord can file an eviction action against you.

How will I know whether my landlord has filed an eviction action against me?
You will receive a court document called a “summons,” which states where and when you must appear for trial.

Should I go to court?
Yes. Even if you lose your case, the judge will give you more time to move if you appear in court.

Can I have an attorney represent me in court?
Yes. In fact, you should contact an attorney as soon as you receive a termination notice.

What if I want an attorney but have not been able to contact one before I appear in court for the first time?
When your case is called, just approach the judge and say, “Your Honor, I would like a short continuance so I can get an attorney. I would also like to preserve my right to a jury trial.” If you do not want an attorney, the judge may conduct the trial immediately.

What should I bring with me when I go to court?
Bring the summons you received, as well as any evidence that supports your case (such as your lease agreement, rent receipts, pictures of your apartment, letters you wrote to or received from your landlord, etc.) . You should also bring any witnesses who are willing to testify on your behalf.

What happens at the trial?
Your landlord will present his/her case first. When he/she finishes, you will be allowed to tell your side of the story. Keep it brief. Write out what you are going to say beforehand so you do not forget anything.

What defenses can I assert at the trial?
There are many possible defenses, so you should discuss your case with an attorney before you go to court.

What happens if I lose my case?
The judge will order you to move. he/she may also order you to pay your landlord any rent you owe.

If I lose my case, how much time will I have to move?
In most cases, the judge will postpone your eviction for a period of 7 to 21 days. You cannot be evicted before this period ends.

What if I need more time to move?
You can file a motion for an extension of time. The day before you are scheduled to be evicted, go to the Advice Desk in the back of Room 602 of the Daley Center and ask the person sitting there to help you file this motion.

What if I was not in court when the judge ordered me to move?
You can file a motion to “vacate” the judges order. As soon as you learn that the judge ordered you to move, go to the Advice Desk in the back of Room 602 of the Daley Center and ask the person sitting there to help you file this motion.

If my landlord wins the eviction action, who can actually force me out of my apartment?
If you live in a CHA building, the CHA police can evict you. Otherwise, only the Sheriff of Cook County can evict you. Your landlord cannot evict you.

What should I do if my landlord tries to force me out of my apartment without following the proper legal procedure for having me evicted?
Call the police. (For more information, read the pamphlet entitled Lock-outs and Retaliation).

Please Note:This information, published by the Legal Assistance Foundation of Chicago and the Metropolitan Tenants Organization as a public service, gives you only a general idea of your rights and responsibilities under the Residential Landlord and Tenant Ordinance and other relevant chapters of Chicago’s Municipal Code. It is meant to inform, but not to advise. Before enforcing your rights, you may want to seek the advice of an attorney who can analyze the facts of your case and apply the law to these facts.

Still can’t find the answer? Send us your questions. Please allow several days for a response.