No. 4-26-0444
In The Appellate Court
Fourth Judicial District
BARBARA COLE,
Plaintiff-Appellant
v.
TIMBERBROOK REALTY, LLC., Defendant-Appellee.
Appeal from the Circuit Court of Peoria County, Illinois, Tenth Judicial Circuit, No. 25-CH-25,
The Honorable James Mack, Judge Presiding.
INDEX AND POINTS AND AUTHORITIES
BRIEF AMICUS CURIAE OF ACCESS LIVING, CHICAGO AREA FAIR HOUSING
ALLIANCE, CHICAGO LAWYERS’ COMMITTEE FOR CIVIL RIGHTS, HOPE FAIR
HOUSING, HOUSING ACTION ILLINOIS, LAND OF LINCOLN LEGAL AID, LEGAL
AID CHICAGO, NATIONAL HOUSING LAW PROJECT, THE NETWORK:
ADVOCATING AGAINST DOMESTIC VIOLENCE, NORTHSIDE COMMUNITY
RESOURCES, OPEN COMMUNITIES, POVERTY RACE RESEARCH ACTION
COUNCIL, AND THE SOUTH SUBURBAN HOUSING CENTER IN SUPPORT OF
PLAINTIFF-APPELLANT BARBARA COLE
Katherine E. Walz (kwalz@clccrul.org)
ARDC No. 6268318
MacKenzie Speer (mspeer@clccrul.org)
Emily Coffey (ecoffey@clccrul.org)
Micaela Alvarez (malvarez@clccrul.org)
Chicago Lawyers’ Committee for Civil Rights
25 E. Washington, Ste. 1300
Chicago, IL 60602
(312) 630-9744
Imron Bhatti (ibhatti@legalaidchicago.org)
Julie Pautsch (jpautsch@legalaidchicago.org)
Legal Aid Chicago
200 North LaSalle St., Ste. 1400
Chicago, IL 60601
(312) 341-1070
Counsel for Amici
SUMMARY OF ARGUMENT
Amici Curiae Access Living, Chicago Area Fair Housing Alliance, Chicago Lawyers’ Committee for Civil Rights, HOPE Fair Housing Center, Housing Action Illinois, Land of Lincoln Legal Aid, Legal Aid Chicago, National Housing Law Project, The Network, Northside Community Resources, Open Communities, Poverty & Race Research Action Council, and South Suburban Housing Center (collectively “Amici,”), pursuant to leave of the Court and Illinois Supreme Court Rule 345 respectfully submit this brief in support of the brief filed on behalf of the Appellant Barbara Cole (“Ms. Cole”).
The Housing Choice Voucher program was created by the United States Congress to meet the badly underserved housing needs of extremely low-income and very low-income households. The program relies upon private-public partnerships between low-income tenants, private landlords, and public housing authorities and cooperative federalism to achieve its goals.
The Illinois Human Rights Act’s protections against source of income discrimination are a part of a longstanding effort by housing advocates, housing providers, and others to ensure that Illinois residents with federal Housing Choice “Section 8” Vouchers (“Housing Choice Vouchers” or “vouchers”) have a fair and meaningful opportunity to use a Housing Choice Voucher to afford and access rental housing in Illinois. The lower court’s decision to interpret the Illinois Human Rights Act not to require a landlord to enter into a Section 8 Housing Assistance Payments Contract (“HAP contract”) effectively nullifies Illinois law’s prohibition against source of income discrimination, plays into longstanding efforts by property owners to circumvent these laws, and undermines efforts to ensure households with vouchers can secure housing and avoid homelessness.
Timberbrook Realty’s refusal to continue to rent to Ms. Cole because she had a Housing Choice Voucher directly contradicts the purpose and intent of the Illinois Human Rights Act’s source of income protections and its overall efforts to prohibit housing discrimination. The Illinois General Assembly specifically amended the Act in 2022 to prevent individuals like Ms. Cole from experiencing housing discrimination and housing denials due to their use of a voucher. The lower court’s ruling that property owners cannot be compelled to enter into HAP contracts effectively nullifies the intent of the Illinois General Assembly to prohibit discriminatory housing practices and denials of households with vouchers. Sanctioning such discriminatory tactics here will greenlight other, already ongoing discriminatory tactics by other landlords in Illinois and in the Fourth District to evade the Illinois’ prohibition on source of income discrimination. Only by reversing the lower court’s decision that creates an end run around state civil rights protections will housing stability and security among low-income households with vouchers be fully realized.
STATEMENT OF INTEREST
Amici have a strong and unique interest in this appeal concerning source of income protections under the Illinois Human Rights Act. making them well-situated to assist the Court. Amici are national, state, and local experts on fair housing and the Housing Choice Voucher program. Amici specialize in or run projects devoted to advocating on behalf of victims of housing discrimination and have specific knowledge of how vouchers are heavily relied upon by low-income families, older adults, and persons with disabilities to afford their housing. In particular, many of the Amici have drafted, advocated in support of, and assisted in the implementation of laws to protect the housing rights of households with vouchers, including supporting efforts to pass the Illinois Human Rights Act source of income provision at issue here. Amici have seen firsthand how the refusal by property owners to give individuals and families with vouchers a fair chance to be considered for rental housing contributes to housing instability and homelessness. When individuals cannot use vouchers, a resource that they have often waited decades to secure, they are forced to rent housing that they cannot afford or forego housing all together. Amici are also well situated to assist the Court by explaining how landlords continue to skirt their obligations under these laws, how courts around the country have responded to such landlord tactics, and how source of income protections create balance and accountability in the housing market.
STATEMENT OF FACTS
Amici accepts the facts as stated by Appellant Ms. Cole.
