December 28th 2024.
Mikia Knighten had been eagerly anticipating the news for eight long years, and finally, in October 2022, it arrived. She had been granted a housing voucher from the Chicago Housing Authority (CHA), and this meant so much to her and her four-year-old daughter. It was a chance to move to a better neighborhood with more opportunities, and she couldn't wait to make the most of it.
Given the high cost of housing in the area, the voucher was a welcome relief for Mikia. She had been struggling to find a suitable place to live, despite spending eight months searching and applying for apartments. Unfortunately, none of the landlords she approached were willing to accept her rental subsidy, and her time to find a place with the voucher was running out. This led her to file a lawsuit in August, claiming that she had faced discrimination based on her source of income.
According to Mikia's lawsuit, many housing providers had turned her away, citing reasons such as not accepting housing vouchers, not working with the CHA, or simply not responding when she mentioned her voucher. She described the experience as "dehumanizing," and spoke about the stigma attached to having a housing voucher. Sadly, her story is not unique, as many others have faced similar discrimination despite the existence of a statewide law prohibiting it.
Advocates are eager for legal rulings to hold real estate professionals accountable for their actions. While the cases make their way through the court system, organizations offering housing counseling and legal aid continue to fight against discrimination through other means. Before the new state law came into effect, attorneys were not allowed to sue for source of income discrimination. Instead, the primary route for holding housing providers accountable was through the local human rights commissions in Chicago and Cook County, but their rulings did not carry the same weight as a lawsuit verdict.
Mikia's lawsuit names 14 parties, ranging from individuals to real estate brokerages to smaller corporations. Some of the defendants did not respond to requests for comment, while others claimed they were unaware of the lawsuit, were no longer owners of the property, or declined to comment on pending litigation.
Mikia's housing voucher was part of the Housing Choice Voucher Program, the main federal housing voucher program. Formerly known as Section 8, it allows low-income residents to receive subsidies from public housing authorities and find housing in the private market. The program, which is administered by the U.S. Department of Housing and Urban Development, helps over 2 million households across the country. In Chicago alone, the CHA provides vouchers to over 52,000 renters, with the agency covering the majority of their rent and utilities.
However, getting off the waitlist for a housing voucher can take years, and sometimes even decades. Currently, around 18,000 households are on the CHA's waitlist, and the agency received a staggering 280,000 applications when it last opened the list for four weeks in 2014, ultimately approving 70,000 of them.
In Illinois, a large majority of voucher holders are Black, similar to Mikia's situation. This is partly due to the historical discrimination faced by the Black community, preventing them from building wealth and making them more likely to need housing assistance. Housing advocates believe that source of income discrimination is yet another form of racial discrimination.
Unfortunately, even for those lucky enough to receive a voucher, there is no guarantee that they will be able to use it. In 2022, only 61% of CHA voucher holders were able to do so, according to the agency's most recent data. This aligns with national figures, which show that only 60% of voucher holders can successfully lease homes. Furthermore, the numbers are even worse for older housing markets and voucher recipients of color, both of which apply to Chicago.
Michael Mini, the executive vice president of the Chicagoland Apartment Association, a trade group representing housing providers, claims to have no knowledge of any problems or concerns related to source of income discrimination. He states that the "vast majority" of their members are familiar with the voucher program and have been following the city and county laws even before the statewide law's passage. Mini also adds that they notified their members outside of the city when the state law was passed.
Mini stresses that source of income is a protected class, and their members are expected to comply with the law, just like any other protected class. However, housing advocates argue that discrimination in this form can be both overt and covert. Some real estate professionals explicitly state that they do not accept housing vouchers, while others refuse to consider the voucher as part of the renter's income, making it difficult for them to qualify for a unit. Moreover, many property owners and managers have strict requirements, such as a renter's income being three times the monthly rent, which can be a barrier for voucher holders. Additionally, high credit score requirements and application fees can also limit the options for those with housing assistance.
Attorney Susan Theiss, who focuses on fair housing rights with Legal Aid Chicago, explains that landlords often come up with new strategies to exclude voucher holders, even when they are not allowed to do so. She believes that this is just another way of discriminating against people who need housing assistance.
Mikia Knighten had been on the waitlist for eight long years, hoping for a chance to receive a housing voucher from the Chicago Housing Authority. And finally, in October of 2022, her patience paid off. She was overjoyed to learn that she had been granted a voucher, which would allow her and her four-year-old daughter to move to a more desirable neighborhood with better opportunities.
Knighten, like many others, was facing the challenges of living in a high-cost housing market. She knew that this voucher would "take a little bit of a load off" and make a significant difference in her and her daughter's lives. However, despite her excitement, Knighten soon discovered that finding a landlord who would accept her voucher was not as easy as she had hoped.
After spending nearly eight months applying for apartments, Knighten faced disappointment after disappointment. No landlord seemed willing to accept her rental subsidy, and her allotted time to find a suitable unit using her voucher was running out. In August, Knighten decided to take action and filed a lawsuit against several housing providers, alleging that they had discriminated against her based on her source of income.
According to Knighten's lawsuit, these housing providers either outright refused to accept housing vouchers or did not work with the Chicago Housing Authority. Some didn't even bother responding when Knighten informed them of her voucher status. The whole experience left Knighten feeling dehumanized, and she couldn't help but notice the stigma attached to having a housing voucher.
Unfortunately, Knighten's case is not an isolated incident. Housing attorneys have filed several lawsuits in the last year and a half, all alleging discrimination against individuals with housing vouchers. Despite a statewide law in Illinois that prohibits such discrimination, it continues to be a widespread issue across the city and state. Housing advocates are eager for these legal cases to set a precedent and hold real estate professionals accountable for their actions.
While these lawsuits make their way through the court system, housing counseling and legal aid organizations are working to enforce the law through other means, such as filing claims with human rights agencies. Before the statewide law was enacted, attorneys were not legally allowed to sue for source of income discrimination. Instead, the local human rights commissions in Chicago and Cook County were the primary avenue for seeking justice, but their rulings do not carry the same weight as a lawsuit verdict.
Knighten's lawsuit names 14 parties, ranging from individuals to real estate brokerages and smaller corporations, as defendants. Some of them did not respond to requests for comment, while others claimed to be unaware of the lawsuit, no longer owned the property in question, or declined to comment due to the ongoing litigation.
Knighten's housing voucher was through the Housing Choice Voucher Program, a federal program that provides subsidies to low-income individuals and families to find housing in the private market. Formerly known as Section 8, the program is administered by the U.S. Department of Housing and Urban Development through local public housing authorities. In Chicago, the Chicago Housing Authority supplies vouchers to over 52,000 renters, and nationwide, the program helps more than 2 million households.
However, getting off the waitlist and receiving a voucher can take years, even decades. Currently, there are around 18,000 households on the Chicago Housing Authority's waitlist. When the agency last opened the waitlist for four weeks in 2014, they received over 280,000 applications, but only approved 70,000 for the list.
The majority of voucher holders in Illinois are Black, like Knighten. This is due to historical racial discrimination that has prevented Black individuals from building wealth, making them more likely to use housing vouchers. As housing advocates point out, source of income discrimination is just another form of racial discrimination.
Sadly, even those who do manage to get off the waitlist and receive a voucher still face significant challenges. In 2022, only 61% of voucher holders in Chicago were able to use their vouchers, according to CHA data. These numbers are consistent with national figures, which show that only 60% of voucher holders are successfully using their vouchers to lease homes. A 2024 study conducted by New York University's Furman Center for Real Estate and Urban Policy found that this issue is particularly prevalent in areas with an older housing stock and for voucher recipients of color, both of which apply to Chicago.
Despite all the evidence and lawsuits, Michael Mini, executive vice president of the Chicagoland Apartment Association, claims to have not heard of any problems or concerns related to source of income discrimination. He asserts that the "vast majority" of their members are well-versed in the voucher program and have been following city and county laws even before the statewide law was passed. He also states that their organization made sure to inform their members in other areas of the state when the law was enacted.
Mini makes it clear that source of income is a protected class and expects their members to comply with the law, just like any other protected class. However, housing advocates argue that discrimination still happens, both overtly and covertly. Some real estate professionals explicitly state that they do not accept housing vouchers, while others find ways to exclude voucher holders from qualifying for units, such as not counting the voucher as part of the renter's income. Other barriers, such as high credit score requirements and application fees, also make it challenging for voucher holders to secure housing.
As housing attorney Susan Theiss points out, landlords are always finding new strategies to exclude voucher holders from renting their properties. It's a constant battle for fair housing rights, and legal action is just one way to combat discrimination.
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