Pitts v. Holt

710 N.E.2d 155, 304 Ill. App. 3d 871, 237 Ill. Dec. 732
CourtAppellate Court of Illinois
DecidedMarch 31, 1999
Docket1-97-4336
StatusPublished
Cited by17 cases

This text of 710 N.E.2d 155 (Pitts v. Holt) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pitts v. Holt, 710 N.E.2d 155, 304 Ill. App. 3d 871, 237 Ill. Dec. 732 (Ill. Ct. App. 1999).

Opinion

JUSTICE ZWICK

delivered the opinion of the court:

Plaintiffs and counterdefendants, Charles and Elois Pitts, leased a four-bedroom apartment in 1996 to defendant and counterplaintiff, Vivian Holt, at a monthly rental rate of $600. Defendant Holt requested that repairs be made to the apartment and, when they were not made, attended a code enforcement hearing conducted by the Chicago department of buildings. Defendant was subsequently served with notice that her rent was being increased by $100 per month effective December 1, 1996. Defendant sent a 14-day request for repairs to the plaintiffs, pursuant to the terms of the Chicago Residential Landlord and Tenants Ordinance. Chicago Municipal Code § 5—12—010 et seq. (1990). This notice informed the plaintiffs that defendant intended to withhold $150 from her rent if the requested repairs were not made. Subsequently, on December 1, 1996, defendant was served with 30 days’ notice. She was also served a five-day notice of termination of tenancy on December 4, 1996. She paid her reduced rent of $450 to the plaintiffs on December 9, 1996.

On December 11, 1996, plaintiffs filed an action against defendant. On December 27, 1996, defendant filed her answer, affirmative defenses, and counterclaims with assistance from attorneys employed by the Lawyers’ Committee for Better Housing, Inc. She alleged in her counterclaims that plaintiffs had (1) unlawfully retaliated against her pursuant to the terms of section 5—12—150 of the ordinance (Chicago Municipal Code § 5—12—150 (amended November 6, 1991)), (2) failed to maintain the premises in violation of sections 5—12—070 (Chicago Municipal Code § 5—12—070 (amended November 6, 1991)) and 5—12—110 of the ordinance (Chicago Municipal Code § 5—12—110 (amended November 6, 1991)), (3) breached the implied warranty of habitability and (4) waived eviction by accepting past-due rent.

Following a jury trial, the court entered judgment in favor of defendant and against plaintiffs on both plaintiffs’ complaint and defendant’s countercomplaint. Thus, defendant’s rent withholding was upheld and she was allowed to retain possession of the premises. In addition, she was awarded $1,200 in damages, the statutory maximum under the ordinance.

Subsequently, defendant moved for attorney’s fees pursuant to section 5—12—180 of the ordinance. Chicago Municipal Code 5—12— 180 (1990). Following a hearing, the trial court awarded $500 to defendant’s attorneys. Defendant now appeals this award, alleging that her actual attorney fees cannot be reasonably set below $5,581.25, and that the trial court’s $500 award amounts to an abuse of discretion.

The amount of an attorney fee award is a matter committed to the sound discretion of the trial court whose decision will not be disturbed absent an abuse of discretion. In re Marriage of Phillips, 244 Ill. App. 3d 577, 595-96, 615 N.E.2d 1165 (1993). Factors to be considered in setting the proper amount of an award are the skill and standing of the attorney employed, the nature of the case, the degree of responsibility required, the usual and customary charges for the same or similar services in the community and the reasonable connection between the fee charged and the litigation. See Plambeck v. Greystone Management & Columbia National Trust Co., 281 Ill. App. 3d 260, 666 N.E.2d 670 (1996).

In this case, defendant’s attorneys itemized 69.40 hours of work performed to defend their client against an unlawful eviction, ultimately securing the maximum statutory damages provided by the ordinance. At the hearing, the court indicated that it had no objection to the amount of work claimed done on behalf of the defendant, with the exception of the fact that she used two attorneys to represent her at the trial when one would have been sufficient. The second attorney’s trial work accounted for $3,787.50 of the total $9,368.75 sought by plaintiff. The court specifically stated that the rates charged by the defendant’s attorneys were low and further stated that, given their experience, higher rates could have been charged if the defendant’s attorneys had been in private practice.

In support of her itemized fee request, defendant noted that there had been a four-day jury trial at which 10 witnesses presented testimony. An expert, Elizabeth Shuman-Moore, the project director of the Chicago Lawyers Committee for Civil Rights Under Law, Inc., submitted an affidavit which supported the reasonableness of the hours claimed by each attorney and their hourly rates. Their work included appearing at 18 trial calls over 10 months during the course of which they defended their client against a motion for summary judgment and motion to strike affirmative defenses and counterclaims.

After reviewing the record and the arguments of the parties, we find the trial court’s award of $500 is inconsistent not only with the evidence presented at the fee hearing, but also with the public policy behind the fee-shifting provisions of the ordinance. The ordinance was passed with a recognition of the historical disparity of bargaining positions between landlord and tenants and to protect tenants from overreaching by residential landlords. Plambeck, 281 Ill. App. 3d at 267. The attorney fees provisions are meant to give a financial incentive to attorneys to litigate on behalf of those clients who have meritorious cases but who, due to the limited nature of the controversy, would not normally consider litigation as being in their client’s financial best interest. Rather than supporting this policy, the court’s fee award reflects compensation at a rate equal to three hours of work at the hourly rate charged by either of defendant’s attorneys. Such an award creates very little incentive for attorneys to accept residential tenants in a dispute likely to require litigation. The sum awarded, in our view, is nominal at best and could be considered by some to be punitive.

Defendant suggests that the trial court discounted the defendant’s fee award based upon the fact that her attorneys were employed by a not-for-profit legal services agency. Comments made by the court support this inference. If this is in fact the basis of the court’s low award, we simply reject it, pointing out the lack of Illinois precedent supporting consideration of such a factor. Indeed, at least one Illinois decision has rejected the notion that legal services attorneys should be compensated at lower-than-market rates. See Merchandise National Bank v. Scanlon, 86 Ill. App. 3d 719, 728-29, 408 N.E.2d 248 (1980). As the federal courts have recognized, discounting the legal fees awarded to legal aid attorneys would serve only to chill the impulse of attorneys to pursue and continue careers in legal service work since the receipt of such fees promotes the health and continued existence of their employing organizations. See Torres v. Sachs, 538 F.2d 10, 13 (2d Cir. 1976); Rodriguez v. Taylor, 569 F.2d 1231, 1245 (3d Cir. 1977). We agree with the observation made in Fairley v.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Beverly Glen Homeowners' Association v. Jagiello
Appellate Court of Illinois, 2026
Davidson v. Parsons-Passmore
2026 IL App (1st) 242180-U (Appellate Court of Illinois, 2026)
Salier v. Delta Real Estate Investments, LLC
2023 IL App (1st) 181512-U (Appellate Court of Illinois, 2023)
Reynolds v. Phan
2022 IL App (1st) 210177-U (Appellate Court of Illinois, 2022)
Kirk v. Arnold
2020 IL App (1st) 190782 (Appellate Court of Illinois, 2020)
Trutin v. Adam
2016 IL App (1st) 142853 (Appellate Court of Illinois, 2016)
Shadid v. Beverly Sims
2015 IL App (1st) 141973 (Appellate Court of Illinois, 2015)
In re Marriage of S.D.
2012 IL App (1st) 101876 (Appellate Court of Illinois, 2012)
Palm v. 2800 Lake Shore Drive Condominium Ass'n
Appellate Court of Illinois, 2010
McGill v. Garza
881 N.E.2d 419 (Appellate Court of Illinois, 2007)
Richardson v. Haddon
873 N.E.2d 570 (Appellate Court of Illinois, 2007)
Griffith v. Pembroke Township
732 N.E.2d 16 (Appellate Court of Illinois, 2000)
DeSalvo v. Industrial Commission
718 N.E.2d 572 (Appellate Court of Illinois, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
710 N.E.2d 155, 304 Ill. App. 3d 871, 237 Ill. Dec. 732, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pitts-v-holt-illappct-1999.