realestate

Court orders disclosure of code infractions in eviction proceedings

Cook County tenants facing eviction get new support with expedited access to case info under court directive.

C
ook County tenants facing eviction are now entitled to critical information about unresolved housing code violations tied to their properties, thanks to a court directive aimed at leveling the playing field. Chief Judge Timothy Evans issued an order requiring the circuit court clerk to expedite access to this information, which can be crucial in defending against eviction.

    The ruling comes in response to investigations exposing systemic biases favoring landlords in eviction courts. "Tenants often appear without lawyers and are at a disadvantage," Judge Evans said. Under the directive, the court clerk must provide code-violation information within 48 hours for pending evictions and five days for less urgent cases.

    However, some argue that this reform doesn't go far enough. Michelle Gilbert, legal director of the Law Center for Better Housing, suggests that landlords should be required to disclose pending housing court cases when filing evictions, as is already mandated by the Chicago Residential Landlord and Tenant Ordinance.

    Despite its intent, implementing the directive poses challenges due to Cook County's outdated record-keeping system. This limitation hinders efforts to gather complete information about housing code violations for tenants facing eviction. Eviction cases typically move quickly, but housing code enforcement cases against landlords can drag on for years, creating a disparity in the system.

    Landlord attorney Robert Kahn criticized the directive, arguing that linking housing and eviction cases would be impractical and burdensome for landlords without legal representation.

Judge orders release of code violations in eviction cases nationwide.