Feminists For Choice

Sounds a little fishy, I know. Kathy Cleaves-Milan, victim of domestic violence, called the Chicago police to report that her live-in boyfriend had obtained a gun and threatened to end both her life as well as his own. Within a few days, a representative from Aimco, the company operating the apartment complex, served Kathy with eviction paperwork claiming that the criminal activity she reported was in violation of her lease agreement. The sex discrimination doesn’t end there, however, Aimco also stated that they were seriously concerned about Kathy’s ability to afford the rent post break-up. So not only is the apartment complex in the business of disenfranchising victims of domestic violence, they also deem themselves arbiters of determining whether or not a woman is capable of affording rent without a man. Disturbing? I think so.

Kathey Cleaves-Milan, age 36, stated that, “I was punished for protecting myself and my daughter.” Although this unfortunate event occurred in September of 2007, Kathy’s attorneys are now filing a lawsuit this month arguing that her 2007 eviction was a form of sex discrimination. I think it’s probably fair to say that there is also some racism involved in this entire debacle. Kathy proved herself perfectly capable of paying the rent on her own after the incident and was left out to dry regardless. Aimco spokeswoman Cindy Duffy attempts to defend the eviction, “As the safety of our residents is our top priority, we have a zero-tolerance policy for criminal activity at our communities.” Safety for whom and at what expense?

This is no isolated event. Cleaves-Milan’s is one of a small number of private tenancy cases involving domestic violence that have made their way into the court system. In fact, this case reflects a relevant concern among women’s rights advocates that greater legal protection is necessary for victims of domestic violence, particularly those who rent in the private market. Under the federal Violence Against Women Act, women in subsidized or public housing are protected from eviction, yet the lack of protection for private renters creates an incredible disincentive to report abuse. It effectively drives domestic violence even further into the private sphere, leaving abused women alienated from legal recourse. Sandra Park, an attorney with the American Civil Liberties Union’s Women’s Rights Project summarized this pretty well, “It forces women into a situation where they have to choose between reaching out for safety or staying in their homes.”

New York, Illinois, Minnesota, and Colorado have all passed legislation protecting women from this kind of horrifying legal victimization, however, without overarching federal protection, thousands of women will continue to face abuse without any legal recourse.