Wednesday, March 7, 2007

* The Margot Report - Housing Court with Judge Lynch

I attended the Ramirez housing court trial accompanied by an impressive group of neighbors, thanks to the efforts of Eva McCann, RPCAN, Toni Duncan and Craig Gernhardt. I was the first to arrive followed shortly thereafter by Don Gordon, Kevin Cosgrove, Mary Jane Haggerty, Toni Duncan, Craig Gernhardt, Dan Sullivan, Eva McCann and a slew of neighbors too numerous to name now. My thanks to all who took time out of their day!

Having been through housing court myself in my own battle, I had a sense of Deja Vu at the court room number. No wonder!!!! The very same judge that handled my previous building's porch trial in May. My heart sank when I saw the honorable D. Lynch's name on the door. However, I must briefly digress to explain.

My porches were declared hazardous by the city in August of 2005. Our building was sold at the end of October to a developer who intended to convert the building to condo. By the time the case on the porches actually had it's time in court, the building due to the neglect of the new owner had multiple building code failures. It is the policy of the courts in Chicago that any building with a previous building code citation can not receive additional citations... nor can the previous citation be amended to include additional complaints until the citation is judged in court.

We asked for a mandatory injunction, stating the multiple failures to comply with building code. We were armed with affidavits and photographic proof of the numerous building code violations.

Judge Lynch was alarmed at the photos depicting dust, mold, filth and unsecured apartments and common areas and decided that another building inspection was appropriate. The terms of the inspection were as follows. The Department of Buildings would send an inspector. One representative of the tenants group (aka me) and one representative of the developer would be present. The findings of that inspection would be presented to the court in a months time.

Neither I, or my lawyer, was notified about the inspection. We appeared in court a month later to find that the new owner had passed the inspection with flying colors. We contested and asked for a second inspection.

The honorable Judge D. Lynch denied our claim. He stated that the case at hand dealt with the porches only. This was an issue that,as of May 2006, was almost in compliance. In his opinion, the case was settled and any further complaints would have to be addressed in new complaints or via the class action suit we had already filed. He also felt that the time between the porches being condemned and repair commencing, a period of 6 months, a reasonable and fairly expediant process.

Now back to the present case in hand. Judge Lynch wanted to know how many of the 46 building code violations had been corrected and many units were currently vacant. He was informed that three units, the Ramirez unit and the two directly underneath were vacant and that all but two of the 46 code violations had been addressed. The city attorney requested a second building inspection, which Lynch approved with a continuance of the proceedings until April 24th. My concern is who leads them through the building. My experience is that landlords,who have issues they would prefer to disclose,are very handy at doing so. It's easy. If you have doors that don't lock you use a key anyway. You show units in good shape, as opposed to units in deplorable shape. There are numerous tricks to get building inspectors out of your way.

After the proceedings, we met with the press. As versed as the press is with this case, I found several questions unsettling. One question was "Don't you think he (Jay Johnson) has learned his lesson? The other question was; "What do you want to tell the City of Chicago?

Here is my answer as a resident and current renter. The issue is not about a failed porch system or missing smoke detectors. The issue at hand is about negligent management. My biggest fear is that when all the dust settles, the final results will that Jay will get his hand slapped, continue with business as normal and nothing will change. Chicago, on the other hand, will have a new buzz word...missing smoke detectors.

So my answer to the reporters today is as follows:

Do you think Jay Johnson has learned his lesson?

This is a man that has a track record of negligence. This is a man that had, not one, but 46 code issues on a single building that was responsible for the deaths of 6 children. Why in god's green earth would I feel he has learned his lesson?

Why would I feel comfortable with his management skills?

* If Jay was a physician, a negligant contracter, a teacher and or you name it, he would be without a license and without a job. Why do we not hold him and other slumlords accountable as well?


What do you want to tell the City of Chicago?

This is not just the issue of the renter, this effects the home owner and the community. Gang activity, narcotics, prostitution and crime all grab their talons on these poorly managed properties. If we can hold these owners/managers accountable, this may be the first step in regaining some control of our neighborhoods. But it is up to us to support those who are forced in these situations. Many fear to stand up to their current problems, because they fear retaliation or targeting from gang bangers. It is up to us to address these issues, regardless of policy, political or personal beliefs. It is up to us to find common ground..... isn't this the way diversity should be addressed?
Submitted by Margot Hackett

Blognotes: WGN Coverage.

So, where's Alderman Moore? He sent sock puppet, Chief of Staff Kevin Cosgrove. Does Kevin have the best interest of the community? Just ask Hugh.

I'd like Judge Lynch to make a surprise inspection to any of Mr. Johnson's properties, say the Wayne Senior Home at Wayne and Morse, with a non-bias inspector. My guess is they would find more than 46 violations.

6 comments:

Toni said...

You ask where's Joe?

Joe's busy with Wayne Frazier planning his door knocking campaign to "persuade" people to vote for him.

"If you haven't done so already, call Wayne at 773.973.4900 and let him know you are ready to work!"

In other words that means the board of elections needs order these handpicked judges to double check ID's and voter cards. How many new voters can live at the same vacant building? Hundreds!

mcl said...

The fact that Mr. Johnson continues to hold a 'seat' on the '49th Ward' Housing & Zoning Advisory Board, shows the comtempt and utter disregard for our neighborhood and it's residents by our current Alderman!

mcl said...

BTW, excellent report, Margot!

Craig Gernhardt said...

The person who has been covering this story from the beginning is the Pioneer News Star journalist/investigative reporter, Lorraine Swanson.

Ms. Swanson has been relentless in her pursuit of the truth regarding Mr. Johnson, the 49th ward ZULAC and the Alderman's office and the fatal fire that killed six children because the family didn't have electricity for six months.

My guess, her coverage has also drawn the attention of the major news outlets. I'm also guessing, this story isn't over.

fedup dem said...

Hey toni, make sure that State's Attorney Dick "Lapdog" Devine and US Attorney Patrick Fitzgerald are notified of any attempts by Moore & Co. to illegally vote people out of vacant buildings. If that means the Alderman gets fitted for a nifty orange prison jump suit at our expense as taxpayers, so be it.

Anonymous said...

How can a listing of all of Mr Johnson's properties in the 49th be made public, so they can be put under scrutiny.

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