Reforming Use and Occupancy in Chicago’s Eviction Courts 9/21/2018

Overview of Eviction Court at the Daley Center High volume Over 40 thousand cases filed Summary process Mostly nonpayment of rent

Landlords v. Tenants Source – No Time for Justice – Study by Lawyers Committee for Better Housing and Chicago-Kent

Defenses Raised By Tenants

Statutes Illinois Forcible Entry and Detainer Act Chicago Residential Landlord Tenant Ordinance (RLTO). Other laws: Rental Property Utility Service Act, Retaliatory Eviction Act, IL Human Rights Act, Condominium Property Act

Use and Occupancy Like “rent” during litigation How it works Prior to 1990’s Only in cases with jury demand Separate hearing Court always awards something

Why tenants do not always pay use and occupancy Simply too poor to pay, and has no defenses. May not realize the consequences. Rightfully “withheld” rent, but spent the money.

If tenant does not pay U and O, court enters a default judgment against tenant. No trial on the merits Bad landlords benefit Judgment continues to prevent tenant from getting decent housing

Why the court should award use and occupancy Protects small landlord from losing money If landlord loses money this can hurt other tenants. Prevents tenant from falling further into debt in case landlord wins. May help gain more respect with eviction court judges.

Why the current practice MUST be reformed Currently, the Chicago eviction court exceeds its statutory authority. Default Judgments are strongly disfavored. Current practice undermines purpose of summary evictions.

Exploring Alternatives to the Chicago eviction courts current practice

Other jurisdictions All other jurisdictions order tenant to pay $ to the court. Some have explicit statutory provisions governing U and O. Some enter protective orders pursuant to court’s common law authority.

Or… skip use and occupancy altogether and go straight to trial When tenant raises conditions defenses but cannot pay use and occupancy Advantages v. Disadvantages

Chicago eviction courts currently award use and occupancy in a process that Is based on bad law Undermines the purpose of the eviction court itself. MUST BE REFORMED to serve the common needs and interests of landlords, tenants, and the people of Illinois.