Today is International Women’s Day. On this day, women all across the world receive praises that go unsaid the rest of the year. It’s also a day for women like myself to reflect on what it means to be a woman, and how to stand better in solidarity with other women. Lately, I’ve been thinking about all the women that I’ve met throughout the years as a Healthy Homes Organizer and the struggles they’ve had to face. The story of Ms. May sticks out in my mind.
I first visited Ms. May this past January, to take a look at the peeling paint in her home and talk about how to prevent lead poisoning. When I arrived at the home, it immediately became clear that the situation was much worse than I had initially thought. There was ice on the staircase and a broken faucet, which had gone unchecked for nearly a week. That resulted in a giant ice rink near the house – a clear and present danger to Ms May. Inside the house, there was mold on the kitchen and bathroom walls and holes in the foundation. There were rat droppings from an infestation that had been inappropriately handled by her landlord, with serious consequences.
Last October she asked her landlord to deal with the rat problem. The landlord, instead of hiring an exterminator, had brought an unqualified person who ended up leaving a bag of rat poison pellets on top of the dining table. Her three-year-old daughter confused the brightly colored pellets for cereal and ended up ingesting some. Fortunately, the quick actions by Ms May resulted in a full recovery for her little girl. I bring this particular story up, because my initial reaction was to judge. How could someone leave rat poison on the table? How could she not realize that a young child might be attracted to the brightly colored pellets?
It took me a few minutes before I checked myself and realized that situations like this were never that simple, and it usually was not the fault of one person. Ms May had done the best she could given her circumstances. It was her landlord who should have made the repairs, promptly and efficiently. But that did not happen. The exploitation of low-income tenants, in particular mothers and caretakers is something far too common in the housing market. Women in these situations more often than not have to take on the burden of child-rearing and making ends meet. Adding substandard housing further increases that burden, and the health consequences from inadequate housing are severe. We can’t make every home safe, but we can support the people living there.
So the question is, how do we become better allies? How do we, as fellow women, lessen the burden of so many other Chicago women like Ms May? You can begin to stand in solidarity by calling your alderman and supporting the Chicago Healthy Homes Inspection Program that is designed to enforce building code standards and protect renters from health hazards. A move from the current building inspection system will help us prevent another story like Ms May’s and helps us in the effort to create safe housing for all. Healthy and thriving lives start at home, which is why every family should have safe, decent and accessible housing!
This story was written by Angelica Ugarte, Healthy Homes Program Organizer
One 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!
Without the protection of laws like Chicago’s Residential Landlord and Tenant Ordinance, renters in unincorporated communities in suburban Cook County are often the victims of unscrupulous landlords and property managers.
In March, that fact became an urgent problem for renters in an apartment complex in Rosemont, many of them long-time residents, when they began receiving eviction notices from Tri-United, the property manager & real estate investment trust that purchased the buildings. Tri-Unity plans to renovate the apartments, raising the one-bedroom rents from $750 to $1,300 a month.
Ownership of the buildings changed in early April, but tenants were never notified. Many residents report the wife of the former owner (Dominic Santoro) showed up demanding cash pre-payments of their May rent, which several of them paid, but which Santoro was not entitled. When Tri-City took over on April 15, tenants were informed May rent was payable to them, and that it had no record of payments to the former owner.
Tenants also reported that Caroline Echo, representing Tri-Unity, showed up at their door and demanded May rent payments, telling tenants if they didn’t pay she’d return with police to forcibly evict them. Residents said Echo had with her two members of the auxiliary police unit, affiliated with the City of Rosemont.
The “auxiliary police” operate independently of the Rosemont Police Department (RPD). RPD has told residents that the Auxiliary Police do have a record of being at the complex. RPD also pointed out that only the Cook County Sheriff’s Department has statutory authority on evictions, and even then they cannot be implemented without a court order.
MTO has helped residents organize a community meeting to discuss their options – which are limited in the absence of local laws addressing landlord-tenants issues; and MTO has helped residents secure an attorney who has formally demanded a meeting with the new management company to address the situation. The deadline for a response to the letter from the attorney was Monday, June 20.
So far, Tri-City has stonewalled tenants, MTO, and the press. Updates to follow…
Demonstrators interrupted Mayor Emanuel’s speech Wednesday morning during Crain’s #FutureChicago Conference to demand passage of the #KeepingThePromise Ordinance. Wealthy business leaders and other members of Chicago’s elite met to discuss the “future” of the city, but there was no seat at the table for those most affected by their policies. As more and more Chicagoans take up residence under viaducts or in tents, Rahm’s CHA continues to bulldoze and sell off public housing, all while sitting on nearly $450 million in unspent federal cash given to the city specifically for affordable housing. The language of “fiscal responsibility” is often used by those in power to hide policies that result in real human devastation.
Activists made this point by disrupting the Mayors remarks inside while demonstrators outside held a press conference and distributed information to passersby. Wednesday’s action sought to to raise the profile of the housing crisis facing low-income communities of color, who are being displaced from countless Chicago communities as market rents skyrocket and wages fail to keep pace. Just today, the MacArthur Foundation released a study showing that three-quarters of city residents believe we are still in the middle of the housing crisis or that the worse is yet to come. Inside the swanky Palmer House Hilton demonstrators – including Al, a 90-year-old World War II combat veteran – disrupted the Mayor as he addressed Chicago’s elite. Watch Below:
“The mayor is failing to keep the Plan for Transformation’s promises to rebuild public housing after demolition, instead continuing to demolish, convert, and privatize the city’s remaining public housing,” said Liz Brake of the Jane Addams Senior Caucus. “Unless the mayor changes course, he will deepen the city’s affordable housing crisis, which is displacing people of color. That’s not sustainable or equitable.”
By holding the Chicago Housing Authority to higher standards about CHA’s use of federal and city funds, we can literally provide housing to tens of thousands of Chicago families currently struggling to provide their children with a decent, stable home. According to CHA’s latest financial report (FY2012), the Chicago Housing Authority is sitting on surplus cash of more than $432 million— To put that in perspective, CHA’s cash stockpile is larger than the whole City of Chicago’s budget deficit for 2014.
Despite the insecurity and pessimism about the housing crisis, Chicago residents believe the situation can improve. MacArthur’s housing study found that 70% of city residents think a great deal can be done to solve the housing crisis. There is no one solution, but there are many things that we can do today to improve housing. First? We can pass the Keeping The Promise Ordinance now!
Thank you to all of the members of the Chicago Housing Initiative who participated in this action! For more information about this story or to get involved, please contact Philip at 773-292-4980 ext 246 or philip@tenants-rights.org
After Carl (not his real name) repeatedly contacted his landlord about needed repairs in his apartment, without success, he didn’t know what to do. He had rented the apartment in a Pilsen three-flat when he moved to town to accept a job as an associate professor at a local community college. As someone who always paid his rent, he never expected to have an issue with his landlord.
Carl was sure he had a right to demand that repairs be made, but he didn’t know how to make that happen. Eventually, he heard about Metropolitan Tenants Organization’s Hotline (773-292-4988) and called seeking help – that was in September 2012. After discussing his situation with a Hotline Counselor, he was counseled that for his next step he might want to consult a lawyer.
MTO referred him to Joan Fenstermaker, an attorney who often represents clients referred by MTO. She drafted a “demand letter” for Carl and sent it to his landlord, asking for the needed repairs to be made and informing the landlord that he would be reducing his rent check until the repairs were complete (following the guidelines that are part of the city’s Residential Landlord Tenants Ordinance).
Twice the landlord refused to accept the demand letter, sent via certified mail. And, instead of sending workers to repair the building problems, the landlord sent an Eviction Notice. Fenstermaker immediately contested the eviction case, claiming it was retaliatory, and demanded a jury trial. The jury agreed, and the Judge threw the eviction case out.
Fenstermaker then filed a lawsuit of her own seeking compensation on Carl’s behalf. The lawsuit outlined all of the previously cited issues and added the new charges of illegal late fees (charged when he lowered his rent payments), an illegal lockout from his garage space, and the retaliatory eviction.
When the case went to trial in February, the judge ordered the landlord to pay Carl $10,642.73, along with legal fees – proof that tenants do have rights, even if they sometimes have to fight for them.
Every day the Metropolitan Tenants Organization works with renters who are facing the negative effects of gentrification and other economic forces that threaten their housing. Thousands of low-income renters and homeowners are displaced every year by a property law system with misplaced priorities. As a society, we all pay when people are involuntarily displaced because of increased crime, skyrocketing medical costs and a failing educational system. It is imperative that as a nation we confront this housing crisis and ensure that everyone has a home.
The insights of visionary Black leader Malcolm X, who would have been 91 this year, are key to the discussion around gentrification and housing. Malcolm X championed a new vision, reframing the character of the struggle for equality from civil rights to one of human rights. He also raised the concept of self-determination as essential to any struggle for equality. I want to use the lens of human rights and self-determination to contextualize gentrification and look for solutions to the nation’s housing crisis.
The foundation of current gentrification can be traced to the very beginning of the United States.
What is gentrification? From the perspective of the community members, gentrification is the loss of community (and individual) control over the land they live on, a forced displacement of residents from their homes and their communities. It generally occurs in low-income neighborhoods in which people of color reside. Gentrification is not a haphazard process that happens by accident. It is systemic in nature and sanctioned by a faulty legal system.
Gentrification is not just a modern-day occurrence. The foundation of current gentrification can be traced to the very beginning of the United States. In 1823, the US Supreme Court in Johnson v. McIntosh legitimized the concept of ownership through conquest. In Johnson, the Court held that “savages” (the Court’s term for Native Americans) had no right to sell or control the land because the land was “discovered” by settlers. Only the US government could give Native people the right to sell or transfer the land.
The case is important to understanding gentrification because the Court declared that the indigenous population does not have any inherent right to determine the use of their land. In this case, the Court ruled that the colonization of the continent had in fact erased the slate and thus nullified any Native people’s claims to the land. It made the government the sole arbiter of sale or transfer of land. At the same time, it legitimized the government’s use of force to take over the continent and gain control of indigenous people’s land.
Furthermore, the Court’s opinion is indicative of the primary role that race plays in community development. The Court called indigenous people “savages.” Intrinsic in this name-calling is the idea that Native Americans are the “other” – that European culture is superior – and that as an inferior community, they could not possibly make good decisions as to how they use their land. This inherently wrong, racist decision enshrines the legal and conceptual basis of gentrification, or what I have called ownership through conquest.
Many of the first people to move into a changing neighborhood are described as “pioneers.”
If we look at what is happening today in major cities throughout the United States, the same principles and legal precepts are at work. Now, instead of military might, overpowering economic forces are pushing low-income people of color out of their neighborhoods and often out of the cities and into the suburbs. This is happening because public and private investments in the downtown business core have made these areas extremely important and valuable. As the core of the city expands, the neighborhoods that abut the downtown area and those along transportation lines leading to downtown have dramatically increased in value.
Investors and their partners in the public institutions have “discovered” these communities and swooped in to take control of abandoned and vacant properties, at first; but soon all properties in these neighborhoods become targets for takeover. The outside investors then develop the land to fit the needs of the downtown elite. They build new and high-cost apartments and high-rises and demolish and get rid of properties suitable for people of more modest means. Many of the first people to move into a changing neighborhood are described as “pioneers,” the same term used to refer to the initial invaders of North America who imposed the White man’s ways on the Native peoples.
This means families who have often lived in these neighborhoods for decades are forced to relocate. Tenants in particular, because of the lack of a secure tenure, face an onslaught of economic pressures to move. Outside investors will often close buildings and evict all the tenants as they develop properties to cater to wealthier non-community members in an effort to get them to move into the community. Tenants are then forced to find and move into an ever-shrinking supply of affordable housing.
At the same time, landlords are increasing the rent as the neighborhood becomes “hot.” In the end, the vast majority of the tenants will be forced out. It is beyond their means to resist these economic forces on their own. For instance, in Chicago, more than 50 percent of tenants are rent burdened, meaning more than one-third of their income goes to housing costs. Obviously, when tenants are barely able to pay rent, any changes in rent, job status or medical situations will result in displacement.
It is not only renters who face challenges. In the case of homeowners, many long-time residents are losing their properties to foreclosure or seeing dramatic increases in their property taxes, which once again force them out. The current gentrification of US cities is an economic conquest backed up by the courts.
The current gentrification of US cities is an economic conquest backed up by the courts.
Many of the same racist justifications for this conquest are still at play today. Gentrification is often explained away as a needed phenomenon. The community “needs” the often White and well-to-do invaders to move into the neighborhood to improve it. In other words, the current residents are not “invested” in the neighborhood, as they are “not good enough” to develop it on their own. The local culture is destroyed as new, wealthier people flood into a community. The newcomers take over all elements of the community, bringing in their own “superior” culture, such as more expensive restaurants and entertainment venues. This escalates and expands the dislocation to include existing businesses. It is all legal, built on decades of laws based on the rights of the powerful few and not on the human rights of the many.
It is for this reason that Malcolm X’s vision of moving toward a struggle for human rights is so important. Housing is a basic human necessity that any individual needs in order to enjoy life, liberty and the pursuit of happiness. Without a home, it is next to impossible to find work, to educate your children and to better your conditions. Housing needs to be made into a human right, a right protected by law.
What would it mean if housing was a human right? It certainly means more than just ensuring a roof over one’s head. It means making sure that everyone has decent, safe and accessible housing. It is hardly a home if that home does not have heat during the winter, or is infested with mold and other pests. Housing needs to be affordable. If housing becomes so expensive that a person needs to decide whether to eat or pay the rent, then they will always be at risk of losing their housing. Housing also needs to be stable. People should be able to choose where they live. No one should be forced to move just because someone else wants to live there.
So, how can we change policies and begin moving toward a human rights framework based on community needs, as it relates to gentrification? To begin with, we could implement:
Laws to end lockouts, self-help evictions outside of the legal system: No tenant or homeowner should lose their home without due process.
Mandatory inspections laws: Municipalities and other government agencies need to be responsible for ensuring that all residential properties meet certain codes of health and safety.
Just cause laws: A property owner should be required to have a justifiable reason to evict a resident. No one should have their tenure interrupted because of discrimination, retaliation or any other unfair reason.
Laws to limit foreclosures: Banks and other agencies ought to be held accountable for their actions in creating the housing crisis.
Property tax laws: Property tax laws should promote stability. Tie property taxes to the purchase price of buildings, which would help keep taxes affordable for long-term residents and in addition provide low-income residents with tax relief.
Rent controls: This can take two forms. Rent increases could be regulated by law to give current tenants the opportunity to continue to live in their homes. Or secondly, current residents could receive a rental subsidy to make up for the increase in rent due to gentrification.
Create community-based zoning boards: These boards can regulate zoning changes and give communities control over development.
Create eviction-free zones: Activists and legal services providers work to prevent any eviction in these areas of gentrification to slow down the development process and challenge the investor-invaders’ assumption that they can do what they want.
All these potential policies and actions can begin to ameliorate the effects of gentrification and provide communities with a legal and moral basis to fight gentrification and promote housing stability. No one should be forced to move from their home against their will.
Adopting a human rights framework can provide individuals and communities with new tools and perspectives that offer the hope of ensuring that everyone has the right to secure safe, decent and accessible housing that is affordable. Defining housing as a human right allows for an expansive outlook that goes beyond viewing housing as merely a roof over one’s head or a commodity for sale. A human rights framework will benefit the majority and move society onto a path of social equity. As Malcolm X said, “I’m for truth, no matter who tells it. I’m for justice, no matter who it is for or against. I’m a human being, first and foremost, and as such I’m for whoever and whatever benefits humanity as a whole.”
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John Bartlett is the executive director of the Metropolitan Tenants Organization. John is a dedicated social justice advocate who has spent decades fighting to protect people’s homes and environment. John’s expertise and experience – from civil disobedience to landlord-tenant mediation – has proved irreplaceable in Chicago’s continued fight for affordable housing.
This article was originally published in TruthOut.
BMO Harris Bank, once one of Chicago’s proudest banking institutions, moved to foreclose on the 24-unit complex at 72nd & Wentworth in April of 2015. When banks foreclose on buildings, the law requires them to appoint a “Receiver” in order to maintain the property and avoid disrepair. Millennium Properties – who BMO Harris Bank chose to oversee the Englewood property in July of 2015- has failed miserably on that requirement.
Major repairs are needed at the building, yet, according to 6th Ward Alderman Roderick Sawyer’s office, no building permits have been applied for. The only application is for the renewal of a now 8-year old permit for scaffolding. The situation is dire. Rotting floors are everywhere, including the common area, while Millennium is nowhere. Tenants throughout the building report bed bugs, mold, and competing rodents: rats, cats, mice, roaches. Other unaddressed issues include a collapsing ceiling in an apartment corresponding to the sink hole in the floor of the apartment above it.
Last week the City ordered Millennium to board up the doors that led to collapsed porches. The building is crumbling due to neglect. Tenants have no indication from Millennium on when the porches themselves might be fixed. What Millennium has done instead is move to evict tenants including an elderly veteran woman.
Confusion reigns because mandated notification requirements have been ignored. No less than three separate entities have tried to collect rent, often at the same time. If Millennium is able to empty the building by the time the foreclosure becomes final, then BMO Harris Bank will be “off the hook” in paying up to $10,600 in relocation assistance to tenants as mandated by the city’s Keep Chicago Renting Ordinance. Without immediate action, Chicago is likely to lose more affordable housing units. BMO Harris Bank’s website advertises that one of its corporate Principles is Follow Both the Spirit and the Letter of the Law. Will BMO Harris Bank live up to its principles? Please tell BMO Harris and Millennium Properties to:
1.) Follow the law
2.) Pay tenants relocation assistance, and
3.) Respect the human rights of Englewood tenants!
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We know exactly how to eliminate lead hazards to keep children safe. Yet federal regulations that are supposed to protect families in any kind of housing, public and private, have lagged far behind current scientific research and mean thousands of children across the country are being poisoned by their homes.
In fact, it’s just as common for families in run-down private homes in Chicago to be faced with the prospect of lead poisoning, a reality John Bartlett, executive director of the Metropolitan Tenants Organization, sees firsthand. The poor families who call [MTO’s] hotline are often forced into unbearable choices in private housing. Preventative measures are even rarer in private housing, as inspections aren’t required at all. As a result, parents often have no idea what they’re moving into. “The question becomes, is it better to have a home or not,” he said. “Do you end up in a shelter situation or do you take what you can get? Tenants lack the resources to go anywhere else, but they also lack the resources to stand up to the landlord,” Bartlett said. And they might risk getting kicked out of their home rather than an actual fix.
“Oftentimes landlords, instead of wanting to get rid of the lead, want to get rid of the tenant,” he continued. That’s a particular problem in private housing, where the protections against wrongful evictions are weaker. Some cities and states have instituted proactive rental inspection programs, which require housing to be checked at regular intervals, rather than waiting for a resident to make a complaint. That not only means that lead hazards are hopefully abated before poisoning becomes an issue, but that tenants who might fear taking action against landlords don’t have to shoulder the burden.
That proactive approach is what Bartlett has been pushing his city of Chicago to adopt. His group wants the city to mandate inspections every five years to catch lead hazards before children become poisoned. “If you’re not going out and pre-inspecting things, then kids move in, and they get poisoned.”
When MTO organizers arrived this week to speak with tenants at a south side property, building violations became readily apparent, and downright terrifying. The floors and ceilings in many units are literally caving in. Other units’ balconies have collapsed, leaving tenants with second-floor doors that open up to sheer drop-offs. It is difficult to fathom how the owner, the bank, and the City have allowed the property to deteriorate to such a horrendous condition. It seems criminal. The property, located on W. 72nd Street, is being foreclosed on by BMO Harris Bank. A receiver, Millenium Properties, has been court-appointed to manage the building. They’ve asked the tenants to leave.
This isn’t the first time BMO Harris bank has endangered Englewood residents. In December 2015, we reported on BMO Harris’ attempts to skirt Chicago’s foreclosure law at another building just one block away. BMO’s actions there caused the eviction of five families. BMO offered “token” relocation assistance instead of the $10,600 required by the Keep Chicago Renting Ordinance. This is the same building where BMO’s receiver hired a white contractor to board the place up. He arrived for the job driving a truck proudly displaying a Confederate flag.
How will the latest saga with BMO Harris Bank end? Will the bank do the right thing?
Donna Johnson always paid the rent on time in the south side apartment where she lived with her daughter. She enjoyed living in the modest three-unit building near Marquette Park. By any definition, Donna was a model tenant and a loving mother. But when her apartment became infested with bed bugs, her landlord treated her like anything but. Initially, her requests for repairs were ignored. Donna made phone calls and even sent letters to her landlord. Eventually, a representative of the landlord would respond, but the response would be anything but professional.
On more than one occasion after Donna requested repairs, the property manager showed up unannounced, letting himself into the apartment with no warning. Donna’s daughter awoke one day to find the property manager looming over her as she slept. One day soon after, Ms. Johnson was taking a shower when she heard a noise outside the bathroom. She listened and soon realized the property manager was in her apartment again! He had illegally entered her home, and now he was face to face with Donna, making sexual advances towards her. Feeling shocked, angry and violated, Donna kicked him out of the apartment and called the police. In retaliation, the landlord cut off her gas. Donna was being illegally evicted – because she wouldn’t put up with her landlord’s criminal behavior.
That is when Donna called MTO’s Tenants Rights Hotline for help. She spoke with a counselor who explained her rights and how she can document the situation. They spoke about Donna’s desire to terminate her lease and find a new apartment where she and her daughter felt safe. To aid her in this effort, MTO connected Donna with a trusted community partner, the Law Offices of Brian J. Gilbert. Donna brought suit against her bully landlord for illegal lockout, illegal landlord entry, and other violations of the Chicago Residential Landlord Tenant Ordinance. Rather than fight a battle he was certain to lose in court, the landlord agreed to settle.
And while Donna has a settlement check in her hand today, she did anything but settle. Donna has a new home, a fresh start, and is free from the fear of illegal lockouts or harassment. Her daughter is happy and safe today because Donna followed through and did what is right. Donna fought for her rights. And she couldn’t have done it with out the assistance of strong community partners like the Law Offices of Brian J. Gilbert.
MTO believes safe housing is a human right. We have a number of ways you can lend your skills to make that a reality.