Godinez v. Sullivan-Lackey

815 N.E.2d 822 (Ill. App. Ct. 2004) ; Clearinghouse Number: 55220

Description

Section 8 Vouchers Are a “Source of Income” in Chicago’s Fair Housing Ordinance

Abstract

Section 8 vouchers are, the Illinois Appellate Court held, a “source of income” under the City of Chicago’s fair housing ordinance. Plaintiff landlords refused to rent an apartment to defendant Section 8 voucher holder. Chicago’s Commission on Human Relations held that plaintiffs violated the city’s fair housing ordinance, prohibiting discrimination against a tenant based on the tenant’s source of income. Reversing the commission, the trial court held that Section 8 benefits were not a source of income within the meaning of the ordinance. Tenant and commission appealed. The term “source of income” under the fair housing ordinance refers, the appellate court found, only to the lawful manner in which one supports oneself and does not elaborate on what means are within the lawful manner. Considering Section 8 vouchers part of the lawful manner for one’s support is logical and reasonable, the appellate court concluded. The appellate court distinguished Knapp v. Eagle Property Management, 54 F.3d 1272 (7th Cir. 1995), and found that the Wisconsin statute at issue in Knapp was not as broad in its definition as the fair housing ordinance. Noting that commission had been consistently interpreting “source of income” to include Section 8 vouchers since 1995, the appellate court reversed the trial court and reinstated commission’s decision awarding damages and attorney fees to tenant.

Additional Information

Attorney Information
Defendant/Appellant represented by J. Damian Ortiz, John Marshall Law School Fair Housing Legal Clinic, 28 East Jackson Blvd., Ste. 500, Chicago, IL 60604 (312.786.2267)
Docket Date
2004-08-20 00:00:00+00:00

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