Godinez v. Sullivan-Lackey

2004

Court: IL Court of Appeals

Facts: Sullivan-Lackey is a section 8 voucher person. Her apartment fails to meet inspection criteria, so she has to move to stay on the program. Godinez has the perfect spot: first floor, near the grandkids... But he says he won't accept Section 8 funds. She could pay cash, he says. But she doesn;t, so she couldn't find other housing before the benefits expired, and so she lost her benefits.

Posture: Files suit alleging discrimination based on source of income. Commission grants $5,610 in damages, a $250 fine, and attorney fees of $16, 284. Trial court says that's abuse. Appeal.

Issue: Was this award proper?

Holding: Yes.

Rule: The housing statute says you can't discriminate on the basis of source of income.

Reasoning: This is a source of income. Other courts say it's not, but they are in other states, so we decline to listen to them.

The awards were reasonable.


Dicta: