Chicago landlord ordered to pay over $80K for threatening to call ICE on tenant in 2020

CHICAGO — A Chicago landlord has been ordered to pay more than $80,000 for threatening to call immigration agents on a couple who rented an apartment from him in 2020.

The couple sued their landlord under the state’s Immigrant Tenant Protection Act, which prohibits landlords from discriminating against or harassing a tenant based on the tenant’s actual or perceived immigration status, according to the Mexican American Legal Defense and Educational Fund (MALDEF), which filed the suit in 2022 on behalf of the couple.

According to the lawsuit, the tenants had rented a basement apartment from Marco Antonio Contreras and his wife starting in 2017. However, on June 30, 2020, the landlords went to the unit seeking rent for the next month.

The lawsuit states that during the discussion with the tenants, Contreras threatened to report the couple to federal immigration officials, which attorneys argued was a violation of the law.

On Feb. 19, a judge ordered Contreras to pay more than $80,000 in damages as well as attorneys’ fees and costs for violating the Immigrant Tenant Protection Act.

“Everyone has rights under the rule of law regardless of their actual or perceived immigration status. In Illinois, landlords are prohibited from wielding the threat of immigration enforcement as a weapon against their tenants,” Susana Sandoval Vargas, MALDEF Midwest Regional Counsel, said. “This decision shows that those who choose to disregard these protections will face serious consequences. This is an important victory for all tenants in Illinois, who, like our clients, just want a safe place to call home.”

In addition to the $80,000 fee, the tenants were also awarded a smaller sum for being denied access to their belongings.

“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 a statement. “No one should feel or act superior to others. We are all equals and deserve respect. Just because someone is your landlord does not mean that they get to do whatever they want to you.”

The case is the first to reach a judgment under the Immigrant Tenant Protection Act, which passed in 2019, according to MALDEF. Illinois was the second state in the US to enact legislation protecting immigrant tenants’ rights.