[For Immediate Release] : Illegal Eviction Carried out by the Chicago Police Department -- 5 Arrested

[José G. Herrera]

 

For immediate release

For more information on this case, contact:

Kelli Dudley

Law Office of Kelli Dudley

1658 Milwaukee, #100-8377

Chicago, Illinois 60647

312-771-9770

attorn...@sbcglobal.net

 

 

FAIR HOUSING ATTORNEY KELLI DUDLEY CONDEMNS ILLEGAL EVICTION

 

CHICAGO—Five tenants have been arrested today in an illegal move by Barnett Capital to clear the way for ongoing gentrification of Little Village. Prior to the arrests, Kelli Dudley, a noted fair housing attorney who was famously subject to a gag order to keep her from discussing foreclosures, informed Barnett and its lawyer that self-help evictions were not legal in Illinois. In Cook County, evictions are only done pursuant to a judicial order and with the assistance of the Cook County Sheriff.

 

In attempt to prevent the illegal eviction and avoid having the tenants incur attorney fees, Dudley wrote to Barnett’s lawyer and informed him about applicable law. Barnett contests whether those in the building are “tenants” despite having previously posted notices at the building addressing those involved as “tenants.” However, Dudley pointed out that Illinois law provides due process rights regardless of “tenant” status, citing case law:

 

“…no person has the right to take possession, by force, of premises occupied or possessed by another, even though such person may be justly entitled to such possession. The forcible entry and detainer statute provides the complete remedy at law for settling such disputes. Persons seeking possession must use this remedy rather than use force.” Ross v. Youngman (1906), 125 Ill.App. 494, 496, citing Phelps v. Randolph (1893).

 

Dudley added, “Illinois law makes it clear that the purpose of forcible entry and detainer (eviction) is to allow judges to decide who is entitled to possession of real estate. This prevents the violence and disruption that happens when people take things into their own hands instead of respecting the court system. Since Barnett employs several attorneys on staff, I am disappointed that they would use arrest to gain advantage in a civil matter. This violates the ethical rules governing Illinois attorneys.”

Dudley stated she urged Barnett to use reason and to access the courts rather than violence. “In effect, Barnett is forcing the taxpayers to pay for the Chicago Police Department as a private troupe of henchmen for its profit-driven interests. And guess who will pay when the CPD has to account for its violations of civil rights? The taxpayers.”

 

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José G. Herrera

(773) 632-9992