Prospect Heights resident Chris Kraszynski, who is a trans woman, has won a $2.5 million judgement against Rob Roy Country Club Village Condo Association after a 16 year-fight.
Kraszynski, who lives in one of 650 condo association units on Country Club Drive in Prospect Heights, took them to federal court over pesticide exposure, the lack of disability accommodations and condo board accountability.
The lawsuit alleged that the condo association board violated the Fair Housing Act with their refusal to remove the carpeting from her unit and stop spraying landscape pesticides and chemicals outside her second-story unit, both of which would rectify her disability and health needs. This property is made up of two-story buildings.
Kraszynski’s battle with her condo association’s leadership began in 2009 when she requested these changes with numerous doctor’s letters corroborating her health issues and was denied.
One of Kraszynski’s doctors, Endeavor Health Psychiatry Vice Chair Benjamin Shain, MD, told this publication, “There are some people who are exquisitely sensitive to pesticides and other environmental toxins. Repeated spraying could result in major flare ups, not being able to breath or not being able to walk and also could contribute to depression and anxiety.
“Chris has an extensive history, medical history and her doctors advised that the carpet be removed from her unit because environmental toxins can get trapped in the carpet which results in her continuously being re-exposed to those toxins.”
Kraszynski told this publication that the carpet in her unit accumulated the pesticides that came in through her open windows and air conditioning unit (located on the grass on the side of her building) as well as from her shoes.
“They continue to care more about the landscaping on their properties than the health of their residents,” said Kraszynski. “Even though I won this judgement, they still refuse to apologize or acknowledge their wrongdoing and have made no changes to their policies.”
The condo association board claimed that Kraszynski removed her carpet after they refused her request for reasonable accommodations, however, she told Windy City Times that she provided proof in her lawsuit that this was false. Her unit still has the same carpeting, which was also confirmed by a visit from a ABC-7 Chicago reporter.
In 2010, the condo association board sued Kraszynski in state court under their false claims that she removed her carpet, which they say violated their bylaws. They also sought injunctive relief saying was not allowed to remove their required wall-to-wall carpeting.
For the state court case, Kraszynski represented herself pro-se and requested disability accommodations due to what she told Windy City Times was the worst flare-up of her Chron’s disease since she was diagnosed. She wanted an extension of time to recover so she could properly represent herself, but the accommodation was denied by presiding Judge Mary Anne Mason
Mason entered a default judgement against Kraszynski when she missed the court appearance that she wanted to occur at a later date. The fines and fees that Mason imposed on her amounted to almost $40,000, an amount that has since ballooned to almost $600,000 due to additional fines and fees as well as interest accrual.
After Mason imposed those fines and fees, the Rob Roy Country Club Village Condo Association board filed a lien and then foreclosure documents against Kraszynski, which has resulted in her inability to sell her unit and move out.
All of these retaliatory actions by the condo association board against Kraszynski caused her to file a federal lawsuit, with Matthew Amarin of the Law Offices of Haytham Faraj in Chicago representing her on a contingency basis. Federal Judge John Robert Blakey presided over the jury trial that unanimously sided with Kraszynski after deliberating for less than two hours this past November.
In a statement to Windy City Times, Amarin said, “This verdict is vindication of Chris’s resilience. For several years, she was forced to endure escalating health issues that could have been easily mitigated had the HOA simply followed Chris’s doctors’ recommendations. It is tragic when homeowners’ associations forget their fundamental purpose. An HOA is meant to protect, support and serve the people within its community, not to make their lives more difficult. This is especially true when dealing with a resident fighting a disability.
“Chris never gave up, and this $2.5 million verdict sends a clear message to board members everywhere: ignoring your residents’ health and violating the Fair Housing Act will not be tolerated by the people.”
Kraszynski added,“No one should have to choose between their health and their home. I hope this verdict sends a clear message that discrimination, retaliation and the disregard of people’s rights have real human consequences and that accountability matters.”
Amarin also told this publication that any collection proceedings will have to wait because the condo association board has filed post-trial motions disputing the verdict.
Kraszynski is also waiting for the insurance companies, Allstate and Farmers, to honor the verdict.
“Every additional delay in payment prolongs the impact this case has had on my life and delays the opportunity for me to move forward,” said Kraszynski.
Kraszynski added that when she receives the payment her priority is to use the money to “create meaningful change” and that includes educating homeowners “about their rights, advocate for stronger protections for people with disabilities and work with legislators on reforms that increase transparency, accountability and oversight of HOAs.
“My goal is to help ensure that what happened to me cannot happen to someone else because our rights matter. If you are facing housing discrimination, disability discrimination or abuse by an HOA you should document everything, seek help and don’t lose hope.”
Kraszynski’s said she plans to work with lawmakers, advocates and community leaders to “strengthen homeowner protections, close gaps in the law and advance legislation that ensures no one else has to endure years of intimidation, retaliation or violations of their civil rights simply for trying to live safely in their own home. I hope my case becomes a catalyst for meaningful reform that protects families for generations to come.”
The Rob Roy Country Club Village Condo Association board did not respond to this publication’s request for comment regarding Kraszynski’s court victory.
