[ad_1]
The Illinois General Assembly has the opportunity to enact long-overdue protections from the negative effects of so-called “crime-free” housing and nuisance property ordinances.
These ordinances, known as CFNOs, are local laws that encourage landlords to evict or remove tenants based on contacting the criminal legal system or requesting police assistance. The Secure Communities Through Stable Housing Act, introduced earlier this month by State Rep. La Shawn Ford (HB 5314) and State Sen. Karina Villa (SB 3680), would provide more security to Illinois tenants and property owners. It will provide important protection. The bill would prevent local governments from imposing penalties based on a tenant’s contact with police. It would also ban local policies that encourage or require landlords to conduct extensive criminal background checks or evict tenants based solely on police contact or suspicion of criminal activity or nuisance behavior. .
The harm caused by CFNOs is well-documented and persistent. These ordinances are very broadly drafted, giving wide discretion to local officials (often police) charged with enforcing them. This can impact innocent tenants who are suspected of criminal activity or nuisance behavior, and even innocent tenants who attempt to report crimes or seek police assistance. For example, a family in Granite City, Illinois faced possible eviction under the city’s CFNO based on the alleged criminal conduct of their adult daughter, who did not even live in the home with the family.
For more than a decade, advocacy groups have targeted harmful CFNOs through litigation, local policy advocacy, community outreach and education. This issue has historically brought together unthinkable coalitions. Tenant advocates are uniting with advocates for the rights of property owners who risk unfair penalties if they fail to evict tenants under the ordinance. Civil rights organizations such as the American Civil Liberties Union and economic liberal-focused organizations such as the Institute for Justice are taking legal action to counter the civil rights threat posed by CFNOs. Although these efforts have met with significant success, municipalities across the country, including more than 100 of her municipalities in Illinois, continue to enforce his CFNO in some form.
CFNOs pose unique risks to domestic violence victims, who are often targets of law enforcement. If victims of domestic violence seek help from the police, local CFNOs may threaten them with eviction. This could deter residents from contacting the police when they are victimized and undermine years of campaigns to overcome stigma and structural barriers to reporting abuse.
CFNOs may also harm individuals with disabilities, who may be required to contact law enforcement more frequently for assistance related to mental health crises or other emergencies. This ordinance also disproportionately harms Black and Latino communities and exacerbates patterns of residential segregation. A federal fair housing lawsuit against CFNO in Peoria uncovered evidence that CFNO enforcement is concentrated in predominantly black neighborhoods.
CFNOs also cause broader harm to low-income tenants and communities by increasing housing insecurity and displacement. Local authorities are issuing notices to landlords threatening fines and cancellation of rental licenses based on suspected criminal activity or nuisance behavior. For example, DeKalb has set up her CFNO and threatens property owners with fines of $1,000 per day if they violate them. As a result, CFNOs often lead to evictions, as landlords avoid the risk of harsh penalties by forcing tenants to leave, regardless of whether eviction is explicitly requested. The Stable Housing, Safer Communities Act would prevent eviction pressure on landlords by prohibiting local governments from issuing evictions or threats that could lead to evictions.
The new protections introduced by this bill are essential. More and more research is emerging, revealing a variety of factors that negatively impact the health and well-being of families due to eviction. Evictions also have significant economic consequences, making matters worse for families who are already in a precarious situation and increasing the risk of homelessness.
After considering the serious harms and civil rights threats caused by CFNOs, I have argued that state governments need to be part of the solution. Addressing these ordinances with a city-by-city approach leaves too many tenants vulnerable. Each challenge can require years of investigation, advocacy, and litigation. By the time the issue is resolved in one community, similar issues are occurring in neighboring communities that have passed their own versions of his CFNO. One state-level advocate describes efforts to address harmful CFNOs against tenants in this way as akin to playing “whack-a-mole.”
States are particularly well-positioned to leverage their broad legislative and enforcement powers to combat the harm caused by CFNOs. California recently enacted a law to do just that.
Illinois now has the opportunity to do the same by passing the Community Safety through Stable Housing Act. This bill is an important step toward protecting tenants in our state who have long been affected by these dangerous ordinances.
Now is the time for the Illinois General Assembly to act before more harm is done to tenants and property owners across the state.
Jenna Prochaska is an assistant professor at the University of Illinois Chicago School of Law.
[ad_2]
Source link
