Altgeld Gardens Lawsuit Settlement
Clemolyn "Pennie" Brinson
Altgeld Gardens residents won a $10.5 million dollar Class Action lawsuit settlement regarding
environmental contamination with Chicago Housing Authority (CHA) this past summer.
But unlike most
class action lawsuit winners, these residents won't be receiving their money in the form of a
check, according to the attorney who represented the residents in the case. Instead, CHA will keep
the money and award the plaintiffs credit toward their rent, according to Cheryl Johnson, President
of the People for Community Recovery (PCR) of Altgeld Gardens, and Kim Johnson, Assistant Press
Secretary with CHA.
Residents' Journal spoke with some of the residents involved in the case,
and they said they are not happy with the decision that they won't be receiving payment in the
way other successful plaintiffs do. Crystal Dalton, age 35, of 607 E. 131st St., said she heard
that the amount to be awarded to each plaintiff is $750. While a friend stood on the sidelines,
Dalton said she spent about three years filling out papers, going back and forth to meetings, and
answering more than 150 questions concerning the case, and she should at least receive a check for
all the time she spent on the case.
S. Jerome Levy, the attorney representing the residents for the
case, held a special meeting soon after the decision when he informed the residents of the
settlement that the money would go toward paying their rent, Dalton said.
"Mr. Levy came out
on his own and we had a meeting," said Dalton, "and he talked for a while. But when it
became time for us to ask questions, it got out of hand. We couldn't ask too many questions. So
he left. We were trying to ask questions because they were talking about giving our money to
housing for our rent, and we didn't want it like that."
Dalton's friend, who would not
give her name, said, "And people came from all over the city that used to live in Altgeld
Gardens for this meeting."
Levy told former residents of Altgeld Gardens, "if you
don't live out here, [anymore] we're going to pay off your bills," according to
Dalton.
"We're not children," said Dalton. "We went through a lot and we've
been a lot of places. How can somebody issue your dollars out to you . . . We're adults, we can
pay our own bills, we've been paying them all these years."
Her friend, who has family that
lives in Altgeld Gardens, said, "it kind of feels like slavery. We had won the Civil war and
we're still working on the plantation, and you have to give all your money back to the boss
just so that you can live there. They don't want you to go nowhere. They don't want you to
prosper . . . You're giving the money back to the plantation owners. You don't even get
it."
"And I'd like to see my money before I give it away," said Dalton's
friend. "Just because you live in Altgeld Gardens, it doesn't mean that your time
ain't valuable."
Resident's Journal spoke to Bernadette Williams, resident of Altgeld
Gardens and president of the Local Advisory Council. She said, "I don't like the way the
lawsuit went. People shouldn't be told the way that they have to spend their money."
Cheryl Johnson said that although most of the residents involved in the case are not happy with the
way the settlement is to be issued, she understands why it is paid out as credit. She said the
residents couldn't prove their case that their health issues were a direct result of CHA
negligence, and that CHA therefore violated the lease agreement by not providing a safe and healthy
environment for the residents.
When asked about the plaintiffs who no longer live in Altgeld
Gardens but who were affected by the environmental problem, Johnson said those people's money
will go toward paying off what they owe CHA. She said regarding the environmental problem, as far
as she knows, CHA did send out a team at least three times to clean up.
Residents' Journal also
spoke with another Altgeld Gardens resident of 28 years, who asked to remain anonymous. He said he
also filled out all the necessary paperwork for the case. When asked his opinion of the settlement,
he said, "Short term, we won. Long term, we lost." He said, "The main element was
environmental, and we lost. We would've won substantially on the environmental side."
Residents' Journal also spoke with the attorney for the plaintiffs, S. Jerome Levy. Levy was
hired in the summer of 1999 and said that principally the problem was that PCBs were dumped in a
storage yard in the middle of Altgeld Gardens, that they had been there for a period of about 20
years, and that PCBs can be hazardous. Levy expressed that in a settlement, usually no one is
absolutely happy. He also informed Residents' Journal that the amount of $750 per person might
change to a higher amount. The environmental issue that brought on the lawsuit started in the mid
1970's with transformers in Altgeld Gardens that had oil in them that contained PCBs, according
to CHA’s Kim Johnson. No one was aware of the PCBs until the mid 1980s, and when CHA was made
aware of the problem, it was reported to the Environmental Protection Agency, she said. The problem
has since been cleaned up, Johnson added. "It took about two or three efforts to make sure it
was all cleaned up," said Johnson.
When asked why the money isn't going directly to the
residents, but instead is going toward rent credit, Johnson said that one of the claims of the
residents was that if CHA had known about the contamination of the PCBs they would've charged
less for rent. So that's why the settlement award will go toward rent.
Those plaintiffs who no
longer live in CHA will have to supply information as to where their rent is paid, and their money
will go to that third party, according to Johnson. There were approximately 5,000 plaintiffs in the
case.
Johnson said the decision is technically not final yet because the money hasn't been
distributed, but that the rent credit is to cover a 36-month period, and that the attorneys will
establish a payment schedule for when and how the money will be allocated; and that half the $10.5
million goes to the attorneys.
January/February 2004 / Volume 7 / Number 4