Blog: Eviction

LBCH welcomes Katilin Cutshaw, an Indiana University Maurer School of Law graduate and alum of Teach for America (TFA), as an Equal Justice Works (EJW) Fellow.

During her TFA training, Kaitlin explored the historical causes of student achievement gaps, with access to housing as an important contributing factor. Her efforts as a LCBH law student volunteer further connected those dots.

"My understanding of student displacement and how it disrupts a child’s education solidified here at LCBH," Kaitlin shares.

With the help of our staff, she created her EJW project proposal to develop a school-based clinic that offers housing-focused legal aid with the help of pro bono volunteers.

Kaitlin hopes to reach out to schools in the Austin and South Shore neighborhoods, two areas of Chicago with high rates of eviction as well as rising housing costs, although any school with high risk of student displacement would be a potential candidate.

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.

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.