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Property Markers and the Hassle of Leniency: Building Code Enforcement in the Courtroom

Published online by Cambridge University Press:  06 September 2023

Robin Bartram*
Affiliation:
Assistant Professor at The Crown School at The University of Chicago, 969 E. 60th St., Chicago, IL 60637, USA, 773-702-6385. Please direct correspondence to rbartram@uchicago.edu.
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Abstract

Unlike other housing courts, Chicago’s building court is characterized by leniency. The mostly low-income property owners who appear in building court often receive extensions to remedy building code violations or even dismissals of their violations. This article shows that, paradoxically, the consequences of these lenient outcomes are punitive for building court defendants, replicating the kinds of detrimental outcomes that harsher legal enforcement can produce. Building on conceptual apparatus from socio-legal studies, I identify two mechanisms—property markers and hassle of leniency—through which building court entrenches or even exacerbates housing precarity for low-income homeowners and small-time landlords. I argue that without additional support for low-income defendants, even well-intentioned leniency on the part of municipal officials and legal actors reinforces economic inequities in the housing market.

Information

Type
Articles
Creative Commons
Creative Common License - CCCreative Common License - BY
This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (https://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution, and reproduction in any medium, provided the original work is properly cited.
Copyright
© The Author(s), 2023. Published by Cambridge University Press on behalf of the American Bar Foundation