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.
MOTION 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.
FOR LEAVE TO APPEAR AS AMICI CURIAE AND TO FILE A BRIEF INSTANTER IN SUPPORT OF PLAINTIFF-APPELLANT BARBARA COLE
Pursuant to Illinois Supreme Court Rule 345(a), the Amici Curiae 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, Northside Community Resources, Open Communities, Poverty Race Research Action Council, and South Suburban Housing Center (collectively “Amici,”) respectfully move the court for leave to file instanter their brief amici curiae in support of the opening brief filed on behalf of the Plaintiff-Appellant Barbara Cole. Ms. Cole is appealing the Circuit Court of Peoria County ruling, affirming Timberbrook Realty’s decision to ultimately not rent to her due to her receipt of a Housing Choice “Section 8” Voucher (“Housing Choice Voucher”), without considering the Illinois Human Rights Act’s prohibition against source of income discrimination. Amici seek to file their brief to demonstrate to this Court that the lower court’s decision that the Illinois Human Rights Act does not and cannot require landlord to enter into Section 8 Housing Assistance Payment contracts (“HAP contracts”) runs afoul of the purpose and intent of the Illinois Human Rights Act’s source of income protection provisions, plays into longstanding efforts by property owners to circumvent these laws, and undermines efforts to ensure households with Housing Choice Vouchers can secure housing and avoid homelessness.
In further support of Ms. Cole’s opening brief, Amici state as follows:
1. As described in more detail in the proposed brief, Timberbrook Realty’s refusal to ultimately rent to Ms. Cole’s 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, which was specifically amended in 2022 (and in effect in 2023) to prevent individuals like Ms. Cole from experiencing housing discrimination and housing denials due to their use of a Housing Choice 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 denials of Housing Choice Voucher households. Amici have a strong and unique interest in this appeal concerning households in Illinois who rely upon Housing Choice Vouchers to secure housing and avoid homelessness and the role of fair housing protections in creating balance and accountability in the housing market, which makes them well-situated to assist the Court.
2. 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 fair housing discrimination, and have specific knowledge of how Housing Choice 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 Housing Choice Vouchers, including the Illinois Human Rights Act source of income provision at issue here.
• Access Living was founded in 1980 and is one of the nation’s largest, most experienced, and most prominent disability rights organizations governed and staffed by people with disabilities. As a Center for Independent Living (CIL) established under the federal Rehabilitation Act, Access Living’s statutorilymandated mission includes advocacy to ensure the independence, integration, and full citizenship of people with disabilities. To that end, its Civil Rights Team protects and advances the fair housing rights of people with disabilities, including the rights attendant to the source of income protections in the Illinois Human Rights Act. Access Living was among the organizations that advocated for passage of those protections in Illinois.
• Chicago Area Fair Housing Alliance (“CAFHA”) is a nonprofit organization founded in 1985 serving the Chicagoland region and devoted to fair housing advocacy, organizing, research, and education. CAFHA works directly with households who have Housing Choice Vouchers to improve the voucher program and ensure that they have equitable access to housing. CAFHA also facilitates the Illinois Housing Equity Collective, which advances statewide efforts to support fair housing enforcement. CAFHA’s voucher leaders and staff supported efforts to pass source of income protection in Illinois.
