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A LANDLORD has been slapped with an $80,000 fine after he threatened to call immigration officials on his tenants during a heated dispute.
The Chicago property owner is the first to be punished under a little-known Illinois law protecting tenants from such intimidation.
A judge ruled that Marco Antonio Contreras and his wife, Denise, violated the 2019 Immigrant Tenant Protection Act when they tried to evict a couple by threatening to report them to ICE.
The ruling came down on February 19 from Cook County Circuit Judge Catherine A. Schneider.
The tenants, who rented a basement apartment from the couple, were awarded damages and attorney fees, Chicago Tribune reported.
They took legal action after the landlords demanded rent and, when they refused to pay early, allegedly used immigration status as a weapon.
In a statement, the tenants said they refused to stay silent because “no one should feel or act superior to others.”
“We decided not to stay silent because our landlords threatened us with calling immigration, and we do not believe that anyone has a right to threaten us,” the couple said in the statement.
The case was brought forward by the Mexican American Legal Defense and Educational Fund.
MALDEF’s attorney, Susana Sandoval Vargas, said the decision sends a message that such threats won’t be tolerated.
“Everyone has rights under the rule of law regardless of their actual or perceived immigration status,” Vargas said in a statement.
“In Illinois, landlords are prohibited from wielding the threat of immigration enforcement as a weapon against their tenants.”
Illinois became the second state to ban landlords from using immigration threats against tenants when Governor JB Pritzker signed the law in 2019.
The law bars property owners from reporting or threatening to report a tenant’s immigration status as a form of retaliation.
California was the first state to introduce such a law in 2017, with Colorado following in 2021.
Eric Sirota, a law professor at Northwestern University, said the ruling should be a warning to landlords.
What is the 2019 Immigrant Tenant Protection Act?
What the Law Does:
- Protects tenants from retaliation based on their immigration status, particularly in housing disputes.
- Bans landlords from making immigration status inquiries during legal proceedings about a tenant’s housing rights.
- Allows tenants to seek remedies in court if the law is violated.
Remedies for Violations:
- Tenants can sue for actual damages to cover any injury or loss suffered.
- A civil penalty of up to $2,000 for each violation can be paid to the tenant.
- Tenants can also recover attorney fees and court costs.
- Courts can provide equitable relief as deemed appropriate.
Prohibited Practice:
- Asking about a tenant’s immigration status
- Threatening to report a tenant’s immigration status to authorities
- Refusing to rent to a tenant based on their immigration status
- Charging higher rent to a tenant based on their immigration status
- Targeting a tenant for eviction based on their immigration status
Source: Illinois General Assembly
Bill Status of SB1290
He emphasized that housing instability caused by intimidation tactics has serious consequences.
The dispute started when the landlords raised the couple’s rent in 2020 from $600 to $800 a month.
The tenants couldn’t afford the increase, so the landlords agreed to let them stay at the lower rate until June.
In June, the landlords told the tenants to move out by August without providing written notice.
When the couple offered to pay a prorated rent, Marco Contreras allegedly made the immigration threat.
The couple moved out at the end of July 2020 but didn’t seek legal help until 2022.
Another similar case, filed in 2021, is still awaiting judgment.
State Representative Theresa Mah, who backed the law, said it ensures tenants’ rights are protected.
MALDEF says many tenants still don’t know about the law, leaving them vulnerable to exploitation.
MALDEF didn’t immediately respond to the request for comment by The U.S. Sun.
