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.
For this month’s Q&A, we sat down for a conversation with Noah Magaram, an LCBH staff attorney who focuses much of his work on eviction defense. A graduate of DePaul University College of Law, Noah came to LCBH in Fall 2011 as a volunteer, and has been a staff attorney since September 2012.
Q: What made you choose to work at a legal aid agency?
I resolved when applying to law school to enter a practice area that was oriented toward the public interest. I became interested in housing law specifically after writing a legislative history of the Fair Housing Act in undergrad.
Q: What program(s) do you work on at LCBH?
My time is spent mostly in the Tenant Advocacy Program. Most of my caseload is composed of eviction defense, with a minority of cases relating to affirmative lawsuits for illegal lockouts and Keep Chicago Renting Ordinance (KCRO) violation cases.
Q: How many cases are you working on at a time? How do you manage?
I usually have 30-40 open cases at any given time. I use our case management system and my calendar to schedule and document as many details of the cases as possible so that my mind is free to deal with the client in front of me.
Amanda and George Fullerton have lived in Chicago all their lives. They had recently moved into a three-bedroom apartment, which costs $850 a month, on the Southside of the city with their adult daughter. George Fullerton makes a modest living as a truck driver and is the sole breadwinner for his family (his wife and daughter are not employed). The family lived peacefully in their home and paid their rent on time. This spring Mrs. Fullerton came to LCBH with a pending eviction case. She was confused, because she had recently paid rent and was unsure of why this case was being filed.
Apparently, George and Amanda had seen someone new around the property that had informed them that there was a “new owner” and that the previous owner had gone into foreclosure. The “new owner” assured the Fullertons that he would still be renting to them. That was the first and last time they ever heard from the new owner. An attorney at LCBH was able to access the case and explained to Mrs. Fullerton that she had not properly received the compliant and court summons. LCBH informed her that the case had been filed against unknown occupants by the purchaser at the foreclosure sale.
However, Mr. and Mrs. Fullerton had been known. They had signed a lease that was still valid until the end of October with the former landlord, their name was on the mailbox, and Mr. Fullerton had recently spoken to the new owner in March.
Edna is a funny, vibrant single mother of three small children. For five years she provided a wonderful home for her family in a building where she a great relationship with her landlord and property manager. Having a stable, decent and affordable place to call home gave her a lot of comfort and gave her the ability to focus on her job and her kids. She was looking forward to many more years in a neighborhood she loved and in a school that was great for her kids. That is until one day, it all changed – her landlord lost the building, including her home, to foreclosure.
Thanks to the hard work of many Chicago advocates, including LCBH, Chicago now has an ordinance that helps to protect renters who are scooped up in the foreclosure process through no fault of their own. When a landlord loses an apartment building to foreclosure, the new owner must either offer to renew (or extend) the existing tenants’ lease or offer to give them relocation assistance. Edna was relieved that the new owner of her building was going to work with her to keep her in her home rather than evict her.
Following is a recent letter from a client describing her experiences living in a recently foreclosed apartment building and dealing with the new bank owners. Her words resonate in a way that ours cannot. We wanted to share her letter with you, as your support is what makes our interventions in these situations possible. Thank you!
I, and most of the tenants in my bank-owned building, would have given up our rights out of frustration and fear if it were not for the services of Lawyers’ Committee for Better Housing.
We had known for some time that our building was in the process of foreclosure. But we were not worried because we knew the Keep Chicago Renting Ordinance (KCRO) required the bank to either renew our leases or pay a $10,600 relocation fee. However, our collective peace of mind began to crumble as we came to understand that the bank was neither equipped nor inclined to perform the basic duties of a landlord. Soon after, our anxiety rose even further, as the bank engaged in scare-tactics designed to persuade us to move out on our own accord (therefore circumventing the requirements of the KCRO).
Thus far, the bank has used two tactics. The first is a passive approach: they benignly neglect the responsibilities of building management. The second is more aggressive, entailing periodic eviction threats. The only reason these tactics are not working is because we are represented by Lawyers’ Committee for Better Housing.
This summer, five legal interns spent their summer working with Lawyers’ Committee for Better Housing (LCBH), advocating for the rights of renters. Without these students, and recent graduates, who come to spend their summer with us, LCBH would have a tough time offering the legal services our clients need to resolve their housing issues. We asked each intern to share highlights from their LCBH experiences this summer:
Chloe Noonan came from Boston University School of Law to work with LCBH’s affordable housing preservation efforts. As part of her internship, Chloe regularly travels to buildings throughout Chicago to work with tenant unions. One of her favorite collaborations has been with a group of tenants on the south side living in a building that had fallen into disrepair. Chloe worked with the group to help them identify their common goals and used her knowledge of housing law to empower them to push for better management in the building.
Two years ago the Chicago City Council passed the Protecting Tenants in Foreclosed Rental Property Ordinance, commonly known as the Keep Chicago Renting Ordinance (KCRO). The KCRO applies to Chicago renters from the time of a completed foreclosure sale until the building is sold to a third-party purchaser. The ordinance provides that successors-in-interest (usually banks) to foreclosed properties must do one of two things: either offer to renew or extend leases to qualified tenants in foreclosed properties or, if the owner should choose to vacate the property, provide $10,600 in relocation assistance per household. The strong policy behind the KCRO is to allow renters, even those without a written lease, to remain in their home as long as they comply with their rental agreements. It also provides a financial incentive for banks to collect rent, or sell occupied Real Estate Owned properties (REOs), keeping them in productive use.
Bianca Brown recently contacted the Lawyers’ Committee for Better Housing (LCBH) Tenants in Foreclosure Helpline. An LCBH attorney counseled Ms. Brown about her apartment building, which was in foreclosure and now owned by the bank. The attorney explained that under Illinois law there are rights protecting renters in foreclosed buildings, as well as a Chicago ordinance which provides additional protections to renters, the Protecting Tenants in Foreclosed Rental Property Ordinance, commonly known as the Keep Chicago Renting Ordinance (KCRO).
In 2014, 55 attorneys donated more than 3700 hours to the Pro Bono Program at Lawyers’ Committee for Better Housing (LCBH) helping families in crisis. In the process, these attorneys developed their litigation skills, learned a new area of law, created new professional relationships and most importantly MADE A DIFFERENCE in the lives of many Chicago renters! Here are some highlights from the LCBH Pro Bono Program from just the 1st quarter of 2015:
LCBH works to provide early warning foreclosure data to our community partners on newly filed foreclosure cases in order to help assist in keeping renters in their home and keeping buildings operational as affordable housing. As the landscape of foreclosure has changed and new laws have been enacted that provide stronger renter protections, the data most needed now by community organizers is foreclosure sales data.
Foreclosure sales data will enable organizers and tenant advocates to conduct targeted door-knocking and other outreach plans throughout Chicago, particularly related to the enforcement of the Keep Chicago Renting Ordinance (KCRO). The protections under the KCRO begin at the point of the confirmation of sale in the foreclosure court case; therefore, the new data will only show properties where there has been a foreclosure sale that has also been confirmed by the court.
LCBH hosted two trainings last month, at which organizers and tenant advocates gained access to the new foreclosure sales data, learned how it works, and had a dataset created and customized to their specific geographic needs. In addition to learning how to access the data, LCBH staff gave a presentation on the laws that affect tenants in foreclosure in the City of Chicago, so that organizers will be best equipped to leverage the new information as effectively as possible in their work.
Albany Park Neighborhood Council (APNC)
We honor APNC for being an incredible partner and collaborator over the past year on key building and policy victories such as the Keep Chicago Renting Ordinance.