Escaping the Trap of Unhealthy Housing: Analysis of Remedies for Tenants in

Substandard Housing

Allyson E. GoldSupervising Attorney and Rodin Clinical Teaching

FellowHealth Justice Project, Loyola University Chicago

School of Law

“In the United States today, the leading preventable causes of death, disease, and disability are asthma,

lead poisoning, deaths in house fires, falls on stairs and from windows,

burns and scald injuries and drowning in bathtubs and pools.”

Surgeon General 2009, Call to Action to Promote Healthy Housing

Agenda

1. Understanding the problem of unhealthy housing

2. The Trap is Set: Limitations in Existing Law

3. Escaping the Trap: Policy Recommendations to Improve Health of Low-Income Tenants

Unhealthy Housing Conditions

Common Issues Mold, infestations (rodent, cockroach, bedbugs)

Peeling Paint

Exposed wires, uncovered radiators, alternative sources of heat

Unaffordable housing or utilities; insufficient heat, water, refrigeration

Overcrowding

Health Problems Asthma, chronic respiratory problems, rashes, mycotoxin reaction

Lead poisoning

Burns, injuries, fires

Heat or eat, malnutrition, failure to thrive, chronic problems

Spread of infectious disease

Cost of Unhealthy Housing

Source: American Journal of Public Health November 2009; 99 (Suppl 3): S666-S674.

The Trap is Set

Current legal remedies are insufficient to enable low-income

tenants to escape unhealthy housing

Remedies Against the Landlord

•Repair and deduct

•Adjust the rent to reflect decreased value of the premises

•Petition the court to appoint a receiver

•Sue the landlord for injuries

•Terminate the lease

Limitations of Inspection Practices

• Complaint-Based Inspection– The current approach to inspection in

the majority of municipalities is complaint-based.

– Under this system, the onus of reporting substandard housing conditions is on the tenant

• Fragmented Inspection Procedures– In many municipalities, there is no one,

central agency that conducts inspections for all substandard housing conditions.

Municipal Duty of Care

The law does not impute a duty of care on municipal government.

•Ferentchak v. Village of Frankfort

•Azziz v. City of Chicago

•Stigler v. City of Chicago

Tort Immunity Acts

Tort Immunity Acts limit liability for government agencies, even if the government had a duty of care to tenants in the property

•Rasher v. City of Champaign, IL

Effect of Tort Laws on Tenants

If an injured tenant can establish that the government owed a duty of care, she must

then overcome significant statutory immunities given to local government by tort

immunity laws.

As a result, it is unlikely that a low-income tenant will ever recover damages for injury

resulting from substandard housing.

Escaping the Trap

Recommendations to improve housing stock and health of tenants

Reforming the Inspection System

• Proactive Inspection System – In order to enter the rental market, landlords

are required to certify their units comply with the housing code

• Additional Tools for Municipal Inspectors– Training landlords as business owners – Working with landlords to abate unsafe

conditions

Reforming the Inspection System

• Centralized Inspections – Training inspectors to address all

substandard housing conditions

• Interprofessional Inspection – Coordination between inspectors, organizers,

health services professionals, and lawyers to improve housing and health of low-income tenants

Funding Reform: Individual Level

• Business owner fees

• Mandatory Insurance – Carve outs for mom and pop

landlords

• Liens on troubled properties – City repair fund

Funding Reform: Community Level

•Public/Private partnerships – Social impact bonds targeting improved

health outcomes

•Affordable Care Act– Section 1115 waivers to fund housing

improvements

•Private Insurance Companies– Early investment for long-term financial

gains

Questions? Thank you!

Allyson E. Gold Supervising Attorney and Rodin Clinical Teaching

FellowHealth Justice Project

Loyola University Chicago School of Law 312.915.6438agold@luc.edu

www.luc.edu/healthjustice