In a landmark decision, a Chicago landlord has been ordered to pay over $80,000 in damages after threatening to report his tenants to U.S. Immigration and Customs Enforcement (ICE) during a rent dispute. This ruling marks the first judgment under Illinois’ Immigrant Tenant Protection Act (ITPA), a law enacted in 2019 to safeguard tenants from discrimination and harassment based on their actual or perceived immigration status.
Background of the Dispute
The incident dates back to June 2020 when Marco Antonio Contreras, the landlord, engaged in a verbal altercation with his tenants, a couple residing in the Ashburn neighborhood. During this disagreement, Contreras allegedly threatened to contact federal immigration authorities regarding the tenants’ perceived immigration status. This threat was made after the tenants requested a prorated rent amount due to their impending move, following the landlords’ notice to vacate the premises by August 2020.
Legal Proceedings and Outcome
The tenants, feeling intimidated and threatened, sought legal assistance from the Mexican American Legal Defense and Educational Fund (MALDEF). MALDEF filed a lawsuit on behalf of the tenants, alleging that Contreras’s actions violated the ITPA, which prohibits landlords from using immigration status as a means to discriminate, harass, or retaliate against tenants.
On February 19, 2025, Cook County Circuit Judge Catherine A. Schneider ruled in favor of the tenants, ordering Marco Antonio Contreras and his wife, Denise Contreras, to pay over $80,000 in damages, including attorneys’ fees and costs. The judge also awarded additional compensation for the denial of access to the tenants’ personal belongings.
Significance of the Ruling
This case is significant as it is the first to reach a judgment under the ITPA, underscoring Illinois’ commitment to protecting tenants’ rights, irrespective of their immigration status. The law ensures that all tenants have access to safe and stable housing without the fear of exploitation or intimidation based on their perceived or actual immigration status.
Susana Sandoval Vargas, MALDEF’s Midwest Regional Counsel, emphasized that the decision serves as a warning to landlords who might consider using immigration threats against tenants. She stated, “This decision shows that those who choose to disregard these protections will face serious consequences.”
Statements from the Affected Tenants
The affected couple expressed their decision to take legal action, stating, “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.” They further added, “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.”
Political Perspective
Illinois State Representative Theresa Mah, who sponsored the ITPA legislation, commented on the ruling, noting that it is “a nice feeling” to see the law effectively protecting tenants. She highlighted the importance of ensuring that individuals are not placed in vulnerable positions due to their immigration status, especially in the current political climate where immigrants often face mistreatment.
Context of the Immigrant Tenant Protection Act
Enacted in 2019, the ITPA was designed to prevent landlords from exploiting tenants based on their immigration status. The law prohibits actions such as threatening to report tenants to immigration authorities, evicting tenants solely because of their immigration status, or using immigration status as a bargaining tool in rental agreements.
Prior to Illinois’ enactment of the ITPA, California had passed similar legislation in 2017, and Colorado followed suit with its own tenant protection act in 2021. These laws reflect a growing trend to protect immigrant communities from discriminatory housing practices.
Ongoing Legal Actions
While this case sets a precedent, other legal actions are ongoing. For instance, a case filed in September 2021 involves a Cicero couple accused of reporting a tenant to immigration officials after he requested a repair in his apartment. This case has yet to reach a judgment, but it highlights the continued efforts to enforce tenant protections under the law.
Conclusion
The ruling against Marco Antonio Contreras serves as a significant reminder of the legal protections available to tenants in Illinois. It reinforces the principle that all individuals, regardless of their immigration status, are entitled to fair and respectful treatment by their landlords. As more cases are adjudicated under the ITPA, it is expected that these protections will become more widely recognized and enforced, contributing to a more equitable housing environment for all residents.
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