Housing is more than just a roof over our heads – it's a basic human right. This principle is enshrined in international law, most notably in the Universal Declaration of Human Rights (UDHR). Adopted by the United Nations General Assembly in 1948, the UDHR affirms that everyone has the right to adequate housing, a place that supports dignity, health, and well-being. The principle of housing as a human right was reaffirmed in the 1966 International Covenant on Economic, Social, and Cultural Rights (ICESCR), adopted by the UN General Assembly. This treaty commits its 172 parties (as of February 2024) to uphold economic, social, and cultural rights – including labor rights, health, education, and an adequate standard of living. The US has signed but not ratified the Covenant, and the fight to secure these rights domestically remains ongoing.
For much of American history, landlords held most of the power. If you were a tenant facing issues like unsafe living conditions, rent discrimination, or unfair treatment, you had few options. Complaining could mean getting dragged into court – and not in your favor. Even when landlords failed to provide heat, hot water, or basic sanitation, tenants were still expected to pay rent or face legal consequences.
In Illinois, the fight for tenant rights is inextricably connected to civil rights struggles in the state. During the 1960s, tenant advocacy groups began forming in Chicago, sparked by the discriminatory practices that kept Black, Jewish, and other minority communities from securing safe, decent, and affordable housing. Those who could find rental housing were often stuck in poorly maintained buildings, and speaking out came with serious risks.
These early advocacy efforts began to shift the legal landscape with greater options for working-class communities. In 1986, Chicago passed the Residential Landlord and Tenant Ordinance (RLTO), a groundbreaking step that provided new protections for renters, including the right to withhold rent under certain conditions and requirements for landlords to maintain habitable units. While this proved pivotal for renters in Chicago, the city had, up until that point, lagged behind other national hubs across the nation such as New York City and Los Angeles.
Since then, Illinois has made other strides in strengthening tenant protections at the state level. New legislation has expanded fair housing practices and worked to create a more equitable balance between landlords' rights and tenants' needs. Key protections now exist under the Illinois Human Rights Act, the Fair Housing Act, and the Landlord Retaliation Act, each addressing some of the following issues: discrimination, retaliation, habitability, repair obligations, and the eviction process. At Beyond, housing rights continue to be a key strength within our model and practice, highlighting the importance of our continued efforts alongside community partners in this area. Supervising attorney, Michael Drake shares his perspective:
“While I believe that housing is a human right, the courts and lawmakers often do not. When someone is facing eviction, negotiating a few more weeks of time can often be the difference between a home and homelessness. The law heavily favors property owners over tenants, and landlord attorneys use this – often improperly – to their benefit. While tenants have earned more rights over the last few years, the imbalance is still massive. I am proud of our work defending tenants and their rights.”
Today, Beyond continues to fight alongside Illinois community members to advance the idea that housing is not just a commodity – but a human right. Alongside community members and partners, we continue to fuse legal advocacy with activism in the hope that the right to safe, decent, and affordable housing will one day be truly universal.