The Tenant Protection Act (ITPA) protects tenants from discrimination or harassment based on their immigration status
Landlord Ordered to Pay $80,000 Over Threat to Call ICE On Tenants
An Illinois court has ordered a landlord to pay more than $80,000 for threatening to call immigration authorities (ICE) on a tenant couple who rented an apartment from him in 2020, according to reports.
The couple sued the landlord, Marco Antonio Contreras, under the Illinois Immigrant Tenant Protection Act (ITPA), which protects tenants from discrimination or harassment based on their immigration status, said the Mexican American Legal Defense and Educational Fund, (MALDEF) which filed the lawsuit on behalf of the couple in 2022.
MALDEF filed the suit because the family’s landlord “threatened to call U.S. Immigration and Customs Enforcement (ICE) during a rent dispute, solely based on the parents’ perceived immigration status. The suit was the second brought by MALDEF under ITPA, which bans landlords from discriminating against or harassing a tenant based on the tenant’s actual or perceived immigration status,” according to a release.
According to the lawsuit, the tenant family rented a basement apartment from Contreras and his wife beginning in 2017. On June 30, 2020, the landlord went to the family’s apartment and demanded payment of the July rent. During the discussion, Contreras threatened to report the couple to federal immigration officials, in violation of the law.
“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 tenant 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.”
Need Legal Help?
Chat with a real estate lawyer near you. It’s only $5 for a 1-week trial. Ask unlimited questions.
Landlord ordered to pay
On February 19, 2025, Illinois Circuit Court Judge Catherine A. Schneider ordered landlord Contreras to pay more than $80,000 in damages as well as attorneys’ fees and costs for violating the ITPA. The judge also awarded a smaller sum in compensation for denying the tenants access to their belongings.
“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,” said Susana Sandoval Vargas, MALDEF Midwest Regional counsel, in the release.
“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.”
Illinois was the second state in the United States to enact legislation in 2019 protecting immigrant tenants’ rights. Both New York City and the state protect immigrant tenants’ rights. California passed an immigrant tenant law in 2017. A Colorado Tenant Protection Act went into effect in April 2024.
Source: Rental Housing Journal
Accessibility