Talley v. The Hous. Auth. of Cook Cnty.

• Decision Date: 14 December 2022
• Docket Number: 21 CV 5425
• Parties: Charles Talley, Jr. and Christopher J. Bonds, Plaintiffs, v. The Housing Authority of Cook County, et al., Defendants.
• Court: U.S. District Court — Northern District of Illinois

Charles Talley, Jr. and Christopher J. Bonds, Plaintiffs,
v.
The Housing Authority of Cook County, et al., Defendants.

No. 21 CV 5425

United States District Court, N.D. Illinois, Eastern Division

December 14, 2022

MEMORANDUM OPINION AND ORDER

MANISH S. SHAH UNITED STATES DISTRICT JUDGE

Using a voucher from defendant Housing Authority of Cook County, plaintiffs Charles Talley, Jr. and Christopher J. Bonds rented a home from defendants Alice Fen Lee and David Hart. Plaintiffs allege that Lee and Hart failed to maintain the rental unit despite repeated requests. When Talley and Bonds asked the Housing Authority to intervene, the Housing Authority failed to require Lee and Hart to make repairs, didn't find plaintiffs alternative housing, and suggested that they move to a different suburb. Plaintiffs bring claims against the Housing Authority for disability discrimination and for violations of the Fair Housing Act and the Fourteenth Amendment's Due Process Clause. Talley and Bonds sue Lee and Hart for race discrimination under the Fair Housing Act, and also bring five state-law claims against them. Defendants move to dismiss under Rule 12(b)(6). For the reasons discussed below, the motions are granted.

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I. Legal Standards

To survive a motion to dismiss under Rule 12(b)(6), a complaint must state a claim upon which relief may be granted. Fed.R.Civ.P. 12(b)(6). The complaint must include “sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.'” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). In reviewing a motion to dismiss, a court must construe all factual allegations as true and draw all reasonable inferences in the plaintiffs' favor. Sloan v. Am. Brain Tumor Ass'n, 901 F.3d 891, 893 (7th Cir. 2018) (citing Deppe v. NCAA, 893 F.3d 498, 499 (7th Cir. 2018)^[1].

II. Background

Talley lived with his son, Bonds, in a rental property in the Village of Hoffman Estates. [65] ¶¶ 4-5, 25; see id. ¶ 40.^[2]Plaintiffs- who were both Black and disabled-moved into the rental property in September

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2003. Id. ¶¶ 4-5, 25 (Bonds was an amputee and required a wheelchair or crutches to get around; the complaint doesn't allege the nature of Talley's disability.).

In 2013, Talley and Bonds sent a letter to their landlords, informing Lee and Hart that there were water leaks and flooding in the home. [65] ¶ 26. Lee and Hart didn't fix the problems, and for the next eight years allowed the physical condition of the property to deteriorate. Id. ¶ 27. The village that plaintiffs lived in issued inspection reports showing health and safety violations. Id. ¶¶ 28, 40.^[3] When plaintiffs tried to send those reports to Lee and Hart, however, their mail was returned undelivered. Id. ¶ 28.

Concerned about roof and foundation water leaks, a refrigerator and garage door that weren't working, and heating problems, in 2021 Talley and Bonds requested an emergency inspection with the Housing Authority's Section 8 housing specialist. [65] ¶ 30. The Housing Authority didn't make Lee and Hart fix the issues with the rental. Id. ¶ 31. At some point, Lee told plaintiffs that she would arrange for repairs, but did not follow through. Id. ¶ 32. There's an allegation that Lee and Hart refused to make timely repairs to the home because Talley and Bonds were Black and disabled. Id. ¶¶ 53-54, 87.

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The rental value of the home declined as a result of physical deterioration. [65] ¶ 35.^[4] In May 2021, Talley told Lee, Hart, and the Housing Authority that unless repairs to the property were made immediately, he intended to withhold part of the rent. Id. ¶ 33. Through an employee, the Housing Authority told Talley that if plaintiffs withheld rent, their participation in the voucher program would be terminated. Id. ¶ 34. Talley and Bonds continued to ask for help from the Housing Authority. Id. ¶ 36. In June, the Housing Authority told plaintiffs that the home had failed to meet requirements and failed an inspection. [65] ¶¶ 41-42.

Talley and Bonds asked the Housing Authority for a voucher for a two-bedroom unit that could accommodate their disabilities. See [65] ¶ 37. The Housing Authority granted that request. Id. To move, plaintiffs needed moving papers, id. ¶ 38, and Talley complied with the procedural requirements to obtain that paperwork. Id. ¶ 48. In July 2021, Talley asked the Housing Authority what the holdup was with the moving paperwork, and offered to tender all of the withheld rent. Id. ¶ 43. A month later, a program manager at the Housing Authority told Talley and Bonds that all of the withheld rent needed to be paid before the Housing Authority would issue the moving papers. Id. ¶ 45. Although the Housing Authority scheduled a move briefing with plaintiffs, the Housing Authority also sent Talley a notice of termination of his voucher eligibility. Id. ¶ 48. There's an allegation that the Housing Authority ultimately refused to issue Talley and Bonds the required paperwork, id. ¶ 39, but

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exhibits attached to the initial complaint show that moving papers were issued. See [1] at 96.

Talley asked for an informal hearing on his voucher status, and sent the Housing Authority documentation showing code violations at the property. [65] ¶ 49. The Housing Authority didn't give plaintiffs a chance to show that their landlords had breached the lease, rent wasn't owed, or to state their case for moving papers and against termination of their voucher eligibility. Id. ¶¶ 46, 50, 65-72.

While plaintiffs wanted the Housing Authority to find them replacement housing in the Village of Hoffman Estates, the Housing Authority suggested that Talley and Bonds move to an apartment complex in Evanston, Illinois, where there were more Black residents than in the Village. [65] ¶¶ 59-62; see id. ¶ 73. There's an allegation that because of plaintiffs' race, the Housing Authority didn't try to find a suitable rental unit in the Village. Id. ¶ 63.

Lee filed an eviction action against plaintiffs in state court based on alleged nonpayment of rent. [65] ¶ 51. There's an allegation that Lee's action was filed to retaliate against plaintiffs for trying to ensure that the property complied with applicable codes...