The History of the Lead-Based Paint Disclosure

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When a Chicago renter signs a lease or a lease renewal they usually receive a whole raft of additional disclosures. Lease packets in the modern era can include as much as 50 pages of disclosures about health issues ranging from radon to sprinkler systems to bedbugs. Back in the spring of 2016 we ran a long series on the history of one of those disclosures, the summary of the Chicago Residential Landlord-Tenant Ordinance. Today we will be discussing the history of another one, the lead-based paint disclosure.

Next to the CRLTO summary, lead-based paint disclosures are probably the most consistent inclusion in a Chicago lease packet. By federal law, they must be included with every lease and lease renewal in residential buildings constructed prior to 1978 with the exception of senior housing. Most renters will also be familiar with the booklet titled "Protect Your Family From Lead in Your Home," which is published by the EPA in six languages and also must be included with every lease that requires a lead paint disclosure.

Benefits Outweighed Risks

Lead was known to cause severe health problems way back in the year 200 BCE. Descriptions of the effects of lead poisoning are found in medical texts dating back to the ancient Greeks, and reappear consistently from then on. Julius Caesar's engineers advised against the use of lead pipes in the Roman aqueducts because of their harmful effects. But until the late 19th century, lead poisoning was common among heavy drinkers, painters, laborers, the military and high society women, all individuals who consistently and knowingly exposed themselves to high levels of the substance. Continue reading The History of the Lead-Based Paint Disclosure

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Kay Cleaves

Why Are There No Mobile Home Parks in Chicago?

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A recent guest of mine in from out of town commented to me on the absence of trailer parks in the city. This remark brought to the forefront a topic that I've been meaning to discuss for some time.

Manufactured housing. Modular housing. Container homes. Mobile homes. They all have assorted differences but they have two things in common. The first is that they are constructed in factories somewhere other than the land they're intended to occupy. The other is that they are very, very scarce on the ground in Chicago. In any other city a blog about rental housing would spend a whole lot of time talking about mobile home parks but we've barely touched on them at all because there's really no overlap between mobile home renters and Chicago renters.

There is one mobile home park in Chicago. It's located at 4000 E. 134th Street on the far south side smack up against the border of Indiana and it's called Harbor Point Estates. There are plenty in the neighboring suburbs, though. In fact, one of the worst airplane crashes in Chicago history occurred in 1979 when a DC-10 taking off from O'Hare landed on a trailer park in Des Plaines, just a few miles from the airport.

The simple reason behind the absence of trailer parks in Chicago is something called "highest and best land use." The more complicated reason is also "highest and best land use." So of course we must explain things in more detail. Continue reading Why Are There No Mobile Home Parks in Chicago?

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Kay Cleaves

From Rights to Revenge (1986-2016) A History of Renters' Rights in Chicago, Part V

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“You do not need to be a lawyer to read the law, but you do need someone experienced to help you exercise your rights under the law.”
- Illinois Tenants Union, tenant.org

"Being a landlord in the city of Chicago is next to impossible," he said. "A landlord has basically no rights.”
- Thomas D'Aprile, one of Chicago's 50 “problem landlords” in the Chicago Tribune.

"IL is a state where we have people known as "professional tenants": they pay first and last month's rent, and never pay again. It can take two years or more to get them out under IL law."
- David Dachtera, Joliet Landlord, Biggerpockets.com

"You are definitely correct that the city of Chicago is more pro-tenant. There are several near suburbs that I represent investors in buying that are much more easy on the landlords. The CLTO is ridiculous and gives tenants any chance they can to screw the landlords. I would suggest a suburb depending on what kind of areas you are looking for."
- David Hermiz, Chicago-area landlord and Mortgage Banker, Trulia.com

“Is the current CRLTO too strong? Is it too heavy handed? Is it unfair to landlords? Yes. Yes. Yes.”
- Chicago attorney Richard Magnone, in his Chicago Eviction blog for landlords.

We've spent the past two weeks talking about how the Chicago Residential Landlord-Tenant Ordinance came to be, but those events happened thirty years ago. I would be remiss to not spend some time discussing what has happened with tenant rights in Chicago since 1986. Unfortunately, I can pretty much cover all of it in this one final chapter.

Since the ordinance went into effect it has been amended only six times. Over half of those changes have focused on security deposits, fines and fees. The few tenant rights groups that remain have changed from civil rights crusaders leading mass protests and riots to staid legal advisers. Looking in retrospect at the impact of the CRLTO from thirty years on, it's apparent that the main beneficiaries of the CRLTO were not landlords nor tenants, but lawyers. Continue reading From Rights to Revenge (1986-2016) A History of Renters' Rights in Chicago, Part V

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Kay Cleaves

Jon Hoferle

Highly Questionable if Not Substantially Inadvisable (1978-1986) A History of Renters' Rights in Chicago, Part IV

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"More than 10 years have passed since Washington's stem-winding first inaugural address, in which he warned incoming aldermen that 'business as usual' would no longer be accepted in City Hall. That declaration proved to be the opening shot of what Chicago comedian Aaron Freeman would christen 'Council Wars.' Over the next several years, a majority bloc of 29 white aldermen would dig their heels in and put city government on pause.

Within moments of the inaugural address, Ald. Bernard Stone was telling the press portentously: 'That was a unifying speech. I think we're all united now. Maybe not the way he wanted, though.'"
- Jeff Lyon for the Chicago Tribune Magazine, 'Council Wars: The Battle for City Hall,' October 31, 1993

Thus far we've covered the early history of the tenant rights movement. We learned about the events that led to the drafting of the Uniform Residential Landlord Tenant Agreement (URLTA), a document that was offered as a blueprint for landlord-tenant laws nationwide. We saw how the powerful real estate lobby prevented the Illinois general assembly from enacting URLTA and almost all other laws that might have protected renters, leading to Evanston's creation of their own city-specific Landlord Tenant Ordinance in 1975. At long last we're able to look at the creation of the infamous, unique and peculiar Chicago Residential Landlord Tenant Ordinance (CRLTO). Continue reading Highly Questionable if Not Substantially Inadvisable (1978-1986) A History of Renters' Rights in Chicago, Part IV

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Kay Cleaves

Jon Hoferle

The Sovereign State of Chicago (1972-1981) A History of Renters' Rights in Chicago, Part III

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"Secession from Illinois and the creation of a 'State of Chicago' to embrace all of Cook and perhaps other nearby counties which are denied legislative representation in proportion to their population by downstate districts, is approved in the resolution unanimously adopted by the city council yesterday.

The resolution, offered by Ald. John Toman (23rd) directs Corporation Counsel Francis X. Busch to prepare an outline of the proper legal procedure to the effect of the separation for submission to the aldermen at their next meeting."
- "Council Urges Chicago Form Distinct State," Chicago Tribune, Jun 25 1925.

Welcome back!

When we last left off on Friday, it was 1972. The Chicago Freedom Movement and the Tenant Movement had marched, rioted and fought their way into the spotlight and were starting to get attention. Judge Skelly Wright of the US Court of Appeals for the District of Columbia had ruled that apartments were to be governed by the principles of modern contract law rather than the centuries old tenets of English property law. The National Conference of Commissioners of Uniform State Laws (NCCUSL) had delivered a draft of a landlord-tenant act that Illinois could have used as a starting point for creating its own body of laws, or even adopted outright without alteration. The sample act was called the Uniform Residential Landlord-Tenant Act, or URLTA for short.

The future of tenants' rights in Chicago was laid firmly at the feet of the Illinois General Assembly. This was, in retrospect, a very bad move. Continue reading The Sovereign State of Chicago (1972-1981) A History of Renters' Rights in Chicago, Part III

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Kay Cleaves