Welcome !
Introductions Clinic
Vision and purpose Hours: First Tuesdays, 6:30pm to 9:30pm & Third
Saturdays, 10:00am to 1:00pm Collaboration with LAF
Funding restrictions Priorities
How MLA will work
Call ahead or walk in Receptionist as first-level screener
Interview with attorney Get second phone number & best times to reach Double-check immigration status Confirm income amounts Interview
Advise, refer, or set up intake appt for LAF Advise and refer on the spot, or through follow-up Always record advice given, and check in with advisory
attorney
Interviewing clients
Cross-cultural interviewing Limited resources, limited education Diverse client base Different expectations
Interviewing victims of domestic violence Language – referring to the abuser Asking questions – follow up
e.g. Have you ever been forced to do anything sexually? Has it ever scared you when he’s punished the children?
Clients with multiple problems Multiple legal problems Multiple non-legal problems
ASK: What do you want to happen? What do you want us to do? How can we help you? Why did you come today? Etc.
Common non-legal issues
Health insurance AllKids, free clinics, help with prescriptions
Financial education Emergency food, clothes, furniture Job training or employment services Rental assistance Counseling and/or shelters
Legal Areas
DV/divorce/custody Housing Employment or unemployment Consumer
Auto repossession Utilities Foreclosures
Family Law
Domestic Violence Not just hitting – see power and control wheel Difficulty in leaving
Safety plan Attending to clt’s emotional needs
Affirm, encourage, respect – she is the expert in her own life.
Family Law
LAF handles: Orders of Protection Divorce
Custody Division of marital property Child support & maintenance
Custody
Family Law
Ask about: Abuse Children
Primary caretaker? For custody, many factors addressed in statute; who has
been primary caretaker carries weight Client’s feelings regarding visitation
Court VERY hesitant to deny a parent contact w/ kids. Standard: best interests of child – usually abuse restricts
visitation Supervised visitation Therapeutic visitation Conditional visitation
Family Law
Ask about: Property (under either spouse’s name)
Including retirement and 401Ks If acquired during marriage, generally considered
marital property, to be divided. Debts (under either spouse’s name)
Same as property. Client’s and spouse’s employment
Family Law
Ask about: Child support
Statutory amounts: 1 child – 20% of net income; 2 children – 28%; 3 children – 32%; 4 children – 40%.
Wages can be garnished if obligor is employed. Arrearage can be sought even after child reaches
majority. If out of state order, must register the order in IL. Seeking child support advice and enforcement:
Illinois Child Support Enforcement Office, IV-D program Cook County State’s Attorney’s Office.
Family Law
Orders of Protection Purpose Types:
Emergency Orders Plenary Orders
Obtaining an OP Relief offered
Stay away No contact
Custody Property/Possession
Family Law
Where to send clients: If there is abuse, intake at LAF If there is no abuse, no kids, no property or
debts, LAF’s Pro Se Divorce Clinic & CARPLS If there is no abuse but there are kids or
property or debt, CVLS, CLC, Kent Legal Clinic or Loyola Legal Clinic
Child support only: IV-D program
Family Law
Client has extensive abuse history. Unmarried and unemployed, she is receiving state assistance. She lives apart from her abuser, who is also the father of her child. He comes and picks the child up once a week or every other week. She seeks child support. What to ask? How to advise? What else does
she need?
Housing Law
Private LL/T relationship – just two parties Contractual lease arrangement T is responsible for market rent State LL/T laws and local ordinances apply, e.g.
RLTO in Chicago. Refer to LCBH. Advise only if comfortable with
eviction law (see eviction benchbook on www.illinoislegaladvocate.org)
Housing Law
Public Traditional public housing
Governed by CHA – Chicago Housing Authority “the projects” Rent – flat or income based (30% of “adjusted
income” or 10% of gross income (whichever is greater)).
Termination from public housing can only occur for good cause, e.g. nonpayment of rent, failure to recertify, report updates income, report changes in family composition.
Housing Law
Public Section 8 Housing Choice Vouchers
Subsidy attached to T, i.e. mobility. T gets moving papers: one year/bad housing conditions Administered by CHAC, Inc.
Three party relationship: LL/T/CHAC enter into Housing Assistance Payments (HAP) contract.
All holders are bound to their Family Obligations. If violated, holder risks losing their subsidy.
Terminations of assistance – most occur bc of violations of Family Obligations.
Appeals process.
Housing Law
Public Section 8 Project-based buildings
Subsidy is attached to the building. Tenants don’t have same mobility. Once out, out for good.
No local governing body for these buildings – individual entities with own leases and policies.
Housing Law
1st question: Subsidy? If yes, likely an intake appointment at LAF If no, advise & refer
Termination of assistance (Housing choice vouchers - CHAC)? Be aware client has 30 days in which to file informal
hearing request Termination of tenancy (Traditional public
housing - CHA) or other complaint? Be aware client has limited time to file a grievance
(time period varies based on reason)
Housing Law
Legal Issues: Conditions – both private and public
Repair and deduct Cost of repair to unit <$500 or ½ monthly rent (whichever
is greater) T sends written notice to LL that unless LL repairs within
14 days, T will repair unit and deduct costs of repair from rent.
Withhold rent T sends written notice to LL that unless LL repairs within
14 days, T will withhold from rent an amount that reasonably reflects reduced value of unit.
Housing Law
Legal issues: Conditions – both private and public
Termination of lease T sends written notice to LL that unless LL repairs within
14 days, T terminates lease. 30 days to leave unit after notice.
Affirmative litigation T may sue LL for damages (if very serious); request
injunction enjoining LL to repair unit; and/or recover damages as counterclaim in eviction action.
Other remedies/assistance 311: Chicago’s non emergency hotline – for no heat, rotten
porch, sanitation issues. LAF or LCBH
Housing Law
More Legal Issues: Lockout
Takes many forms Police must investigate LL may be fined $200 to $500 per day and T may sue for
damages. Proper court process
EVICTION Nonpayment of rent
5-day notice & 5 days to cure Violation of lease agreement
10-day notice & 10 days to cure
Housing Law
More Legal Issues: Foreclosure based Eviction
Right to notice and hearing before order of possession is entered against T.
Proper notice – if T is named as D in foreclosure action, or named as “unknown owners” and they receive summons. If not, tenancy survives foreclosure and judicial sale
From time foreclosure action is filed, T has approx 7 months up to a year to get out of apt and find new one.
Advise clt to find new place ASAP. If Section 8 voucher holders, notify CHAC of foreclosure
action immediately to get moving papers.
Housing Law
Homeownership Mortgage foreclosure
Predatory lending and servicing Mortgage rescue fraud
Ask whether clients would be able to afford their home, or have a significant amount of equity
Employment Law
Unemployment Insurance Claims Claims adjudicator (appeal) Reconsideration (appeal still in place) Referee Hearing [LAF involvement begins] Board of Review Circuit Court, called Administrative Review
Action
Employment Law
No UI if: Voluntary Leave
Did client quit? Was the cause attributable to the employer? A reasonable attempt to resolve the problem with the
employer? Misconduct
Reasonable rule or policy Client deliberately and willfully violated it Violation was after a warning or caused harm
Employment Law
Employment Discrimination Race, sex, age, religion, disability, etc. Know Statute of Limitations! Advice: File complaint with appropriate agency.
If receive finding of substantial evidence from agency, LAF may represent (intake appointment)
Retaliatory Discharge Wage claims
Advice: file complaint with Ill. Dept. of Labor, Wage Claims Division (unless Migrant worker)
Consumer Law
Auto repossession Scenario: The client has gone to a dealership and bought
a car (sometimes it comes with a warranty. Sometimes she buys it “as is”). Subsequently, the car breaks down, or he can no longer afford to make payments. She returns the car or it gets repossessed. The dealership then sells the car, usually for a lot less than it’s worth, and sues the client for the deficiency.
Advice? When clt has bought car “as is” and now car has broken down When clt has a warranty but the dealership will not honor it When clt can no longer afford to keep up with loan payments
Consumer Law
Energy bills/companies Scenario: The client has an unusually high utility bill and/or
has received a shutoff notice. She may just not be able to afford to pay. He may have signed up for a service that he thought would help cut down the cost of his utilities but got slammed with a higher bill instead.
Advice? When clt’s bill is unusually high When clt has received shutoff notice/already lost service When clt cannot afford to pay When clt has signed up for service that leads to higher bills
Consumer Law
Shoddy contractor work Scenario: The client hires a contractor to do some
home repairs/improvement. The contractor starts the work but does not finish or does not do the job that was promised. The contractor may refuse to finish or fix their mistake without the client paying them more money. Sometimes, the contractor will sue the client for not paying what they contracted for.
Advice? If, after reviewing the contract, the client’s version of
events holds up, then we can set them up for an appointment at LAF.
Consumer Law
Hospital Collections Scenario: The client is uninsured but needs
medical services. He then gets slammed with a bill from the hospital that he cannot afford to pay. He may then get sued.
Advice? When the client gets the bill but before they get sued When the client is being sued
Public Benefits
LAF’s Public Benefits Hotline: (888) 893-5327
More information: www.illinoislegaladvocate.org
Resources at MLA
Internet access Illinois Legal Aid online
www.illinoislegaladvocate.org www.illinoislegalaid.org
Social service referrals Self-help materials Legal service agency referrals
Legal Service Agency Referrals Lawyer’s Committee for
Better Housing (312) 347-7600
Legal Aid Bureau (312) 738-9200 Family law
Chicago Volunteer Legal Services (312) 332-1624 wide spectrum
Chicago Legal Clinic (773) 371-1762 all, sliding fee scale
Access Living (312) 640-2100
CARPLS (312) 738-9200 Help Desk, 30th Floor,
Daley Center Cabrini Green Legal Aid
(312) 266-1345 housing, family,
expungement, criminal LAF’s Public Benefits
Hotline Equip for Equality (312)
341-0022