After decades of housing policy disproportionately favoring landlords in Illinois, a long-overdue shift is beginning to emerge – one that places greater emphasis on the rights and protections of tenants. For those who haven’t yet explored the first installment of this series, we encourage you to read our in-depth analysis of the historical development of tenant rights in Illinois here. Understanding this context is essential to contextualizing much of the current momentum toward more equitable housing practices.
At Beyond Legal Aid, housing law remains a central facet of our work. As we explored in the first segment of this series, significant strides have been made in housing policy since the civil rights era; however, the gap between legislation and its effective enforcement remains cavernous . The most prevalent cases we encounter involve eviction and landlord retaliation defense. As Beyond housing attorney Peter Luck explains, eviction threats are most often based on the landlord's allegations of unpaid rent or their perception that the tenant has violated lease terms. Retaliation cases typically involve landlords illegally diminishing services or engaging in hostile actions in response to tenants asserting their legal rights – often in ways that intersect with discriminatory practices.
The legal processes for addressing and remedying these disputes are governed by the Chicago Residential Landlord and Tenant Ordinance, the Illinois Forcible Entry and Detainer Act, and certain federal requirements where applicable. From a case management perspective, housing cases generally progress through four key phases: information collection, case synthesis, discovery, and resolution. The initial phase – information collection – entails conducting detailed interviews with the community member (CM) to establish a clear timeline and understanding of the events in question. Given the complexity of these cases, attorneys often conduct multiple interviews to ensure a complete and accurate record.
In the synthesization phase, the legal team analyzes and organizes the collected information to formulate a cogent legal strategy. This involves determining the legal posture of the case – whether the CM is pursuing claims as a plaintiff or responding as a defendant – and developing the strongest possible argument based on the facts and applicable law.
The third phase, discovery, is a formal process in which both parties – the tenant and landlord, along with their respective counsel – exchange relevant information and documents in preparation for trial. This stage may also include depositions, during which witnesses provide sworn testimony that can be used in court proceedings.
Finally, the resolution phase focuses on achieving an outcome aligned with the CM’s goals. While some cases proceed to adjudication in court, the majority are either resolved through negotiated settlements or dismissed before trial. We asked Peter, one of Beyond’s Housing Attorneys, what it feels like to win a housing case:
“It feels really great – uplifting for both me and the community member. Landlords have continued to engage in illegal practices not only because they’ve historically gotten away with it, but because the lack of meaningful enforcement at the city, state, and federal level makes it profitable to keep doing so. The risks are low, the rewards are high, and the cycle continues. But we’re rewriting that history, together. Changing housing systems means challenging entrenched practices, and each case helps move that forward. It’s incredibly meaningful to play a part in making sure someone can keep a roof over their head.”
For Beyond, working in partnership with our community partners can often mean the difference between working-class families maintaining stability and their homes, and fighting for this most basic of right runs deep at Beyond, both in our history and our beliefs. With each case, our attorneys continue to grow and learn for future community members that will inevitably seek help through Beyond and our community partners.
This sentiment runs true for Peter. Reflecting on his learnings since joining Beyond 1.5 years ago, he shared that::
“This work has made me better understand the technical details in housing law, but also the bigger picture, including how these systems actually affect CMs' daily lives. It's also taught me the importance of explaining the process in plain language, listening to clients’ own understanding of events, and making sure they have a voice in the strategy. It has also reinforced how valuable it is to work with community partners and organizers so that legal advocacy is part of a broader, interdisciplinary effort to keep people housed in safe, sanitary, and dignified conditions, and to hold landlords and management accountable.”
As housing justice continues to gain the momentum it has long been denied, the work of attorneys like Peter Luck and organizations like Beyond and our community partners is more vital than ever. These cases are not just legal disputes – they represent real people fighting for a safe home, a chance to assert their rights, and the opportunity to challenge systems that have long failed them. Through strategic advocacy, deep community engagement, and a commitment to equity, we are not only helping individuals stay housed – we are defending basic human rights for all.