In a recent court filing, tenants allege severe negligence and violations of housing laws by their landlords, leading to personal injuries. On July 11, 2024, Stacy Young and Inez Young filed a complaint in the Appellate Court of Illinois against Uday Shankar and Shanku Shankar.
The case centers around the plaintiffs' claims that the defendants failed to maintain their rental unit properly, resulting in significant health issues. The plaintiffs initially filed a pro se complaint under case number M1 136568, alleging violations of the Chicago Residential Landlord Tenant Ordinance (CRLTO) and personal injuries due to poor upkeep. Later, an attorney representing them amended the complaint to focus solely on CRLTO violations. However, this complaint was voluntarily dismissed on October 22, 2019.
On August 14, 2020, a new counsel for the plaintiffs filed an amended four-count complaint under case number 20 L 8354. The allegations included commingling security deposits with personal funds and failing to provide proper banking information (Count I), inadequate maintenance of essential apartment features like floors and plumbing (Count II), exposure to toxic mold causing lung injuries (Counts III and IV), and an incident where a piece of foil from an exposed lighting fixture injured Stacy Young's eye (Count III).
In response, the defendants filed a three-count counterclaim on February 16, 2021. They accused the plaintiffs of flushing excessive amounts of toilet paper and kitty litter down the toilet (Count I), refusing entry for necessary repairs (Count II), and owing unpaid rent amounting to $10,182.65 (Count III). The plaintiffs denied these allegations in their answer filed on August 17, 2021.
Despite these serious accusations and counterclaims, both parties' complaints were dismissed for want of prosecution on May 19, 2022. Plaintiffs then sought relief under section 2-1401 of the Illinois Code of Civil Procedure to vacate this dismissal but were denied by the circuit court. They argued that they had moved to Los Angeles and faced potential conflicts of interest with their attorney as reasons for not prosecuting their case diligently between September 2021 and May 2022.
The defendants contended that there was no evidence supporting the plaintiffs' claims about mold-induced injuries or other alleged damages. They also pointed out that despite multiple requests for medical records dating back to January 28, 2021, there was no substantial progress made by the plaintiffs or their attorney in providing these documents or prosecuting their case.
The circuit court upheld its decision to deny relief under section 2-1401 due to lack of due diligence from the plaintiffs' side. It emphasized that moving residences did not excuse them from communicating with their attorney or obtaining necessary medical records. Furthermore, any potential conflict of interest cited by the plaintiffs was deemed insufficient as it did not prevent their attorney from continuing his duties.
Ultimately seeking compensation for alleged injuries caused by landlord negligence under CRLTO provisions remained unfulfilled as all claims were dismissed without prejudice due to procedural lapses.
Represented by Honorable Catherine A. Schneider at Cook County Circuit Court; Presiding Justice Rochford delivered judgment alongside Justices Hoffman & Ocasio concurring; Case ID: No.1-23-0908