In Illinois, a new legislative proposal is nearing approval that seeks to amend eviction laws to prevent landlords from naming children in eviction notices. This initiative is particularly vital, given that having an eviction record can severely impact one’s eligibility for housing and loan applications, potentially affecting access to affordable housing programs.
Daniel Schneider, an attorney at Legal Action Chicago, emphasizes the long-term consequences of naming children in eviction lawsuits. With more than a decade of experience in economic injustice and consumer rights, Schneider revealed that children as young as one year old have been named in eviction filings in the state.
“Sometimes people first learn of their evictions when they apply for Section Eight housing down the road—they learn, ‘I was evicted when I was a kid and my name’s on that court filing,’” Schneider stated. This highlights the unforeseen repercussions that can arise from early eviction notices.
Although not all evictions involving families with children result in the naming of minors in official documents, data indicates that these families are particularly susceptible to eviction in Cook County. According to a report from the Cook County Sheriff’s Department (CCSD), eviction orders are on the rise, reclaiming levels seen nearly before the pandemic. In 2023 alone, nearly 12,000 eviction orders were issued—this is more than three times the amount served in 2020 and more than four times the total for 2021.
The CCSD’s outreach program, which aims to assist those with unmet housing needs, identified 513 participants classified as “children” and an additional 247 as “clients with children.” Notably, eviction records in Illinois are public unless sealed by a judge. This means that landlords often conduct background checks before offering leases, which typically include findings from past eviction cases.
According to an online resource from Illinois Legal Aid Online (ILAO), while individuals can petition a judge to seal their eviction records, such requests are often denied, as judges tend to favor keeping records accessible to the public.
Private companies frequently scrape public eviction filings to create credit collections and background profiles on individuals, which are sold to landlords for tenant screening. Schneider warns that “Every hour that these documents are out there and in the public record risks that it worms its way into the private credit collections and background checks.”
Additionally, the importance of protecting minors in eviction processes grows alongside the rise in legislation like crime-free housing laws in Illinois. These laws make it easier for landlords and law enforcement to evict tenants, sometimes even without clear evidence of wrongdoing. Reports suggest that landlords may evict families without informing them of the specific allegations, which can lead to unjust outcomes for those involved.
The proposed bill, which passed both houses on May 22, aims to make it clear that minors not included in leases should not be named in eviction filings. Schneider explains, “[The bill] not only makes explicit something that should be common sense—that you shouldn’t name a minor who isn’t on the lease—but also provides that if you do that, the complaint will be stricken and the file will be sealed.”
To balance the interests of landlords, the bill allows them a chance to refile the eviction against the correct individuals without naming minors on the public docket.
For Illinois residents grappling with an eviction record or facing eviction cases, assistance is available through the Illinois Legal Aid Online (ILAO) portal. ILAO provides necessary resources to help individuals understand how to remove eviction records, offering guidance and forms in both English and Spanish.
As this legislation moves forward, it holds the potential to significantly alter the eviction landscape in Illinois, especially for families with children. If signed into law by Governor Pritzker, it may protect countless minors from the lasting consequences of eviction records.
image source from：https://www.chicagoreporter.com/minors-named-in-eviction-notices-and-the-new-ill-law-that-could-protect-them/
