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Column: Champion for the disabled now needs help herself finding a home

by Edinburg Post Report
July 7, 2024
in Health • Food
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Elana Newkirk loves the Chicago Wolves. So much so that a former longtime employee of the hockey team told me the Aurora woman is one of its most devoted fans.

That’s why it came as no surprise when she showed up to our first interview all decked out in the team’s red, black and green attire. What I did not expect, however, was the big smile on Newkirk’s face, even as she unloaded the wheelchair from the back of her car and made her way into the McDonald’s restaurant near her home where we agreed to meet.

Newkirk, by most standards, does not have a lot to be happy about these days.

She was told in November her lease was not being renewed for the apartment at ReNew Aurora, where she’s lived for the last seven years. And in April, she called me near tears when a sheriff’s deputy showed up at her door, handing her eviction papers.

Newkirk arrived with plenty of her own paperwork for this interview, including documentation indicating she’s never been late on any rent payments. And she insists she’s always followed all the rules and policies of the apartment complex. The 55-year-old woman, however, did register complaints in February of 2023 with management when she said a smoker moved into the apartment under her, which would be a violation of the no-smoking policy in the lease for those living at the complex, she said.

Red Tail Residential, which owns the ReNew Aurora complex, says they emphasize communication with residents concerning any issues they are facing.

Newkirk, a double amputee who lost both feet from her lifelong battle with spina bifida, had good reason for being upset if she was being subjected to second-hand smoke. Her medical condition has also led to severe lung and heart conditions, she told me, and she struggles with lupus.

She said when Red Tail Residential failed to take action against the smoker, she filed a personal injury claim against the company two months later. That November, she was informed her lease would not be renewed. Still, she continued to pay rent and in December dropped the personal injury claim.

But a 60-day notice to vacate was followed by a 30-day notice at the end of February, which led to the sheriff’s deputy at her door, even though documentation showed her rent was current through March.

“When I tried to pay in April,” she told me, “I was locked out” of the tenants’ rental portal.

Newkirk, who is African American, filed a complaint in March with the Aurora Human Relations Commission, claiming management is retaliating against her, as well as other Black tenants. In her statement, she claimed Red Tail Residential violated the Landlord Retaliatory Eviction Act by refusing to renew her lease “after I exercised my civil rights to file a claim against them for breach of contract (pertaining to the non-smoking policy) of the lease agreement we both signed.”

Newkirk’s got other beefs with Red Tail, which took over the 127-unit complex at 2000 W. Illinois Ave. in 2022. And those were echoed by nearly a dozen other tenants I spoke with, whose frustrations ranged from the rent portal to what they said was poor communication or rudeness from onsite management.

For example, tenant Charnita Scott claims that for four months she’s been getting bills erroneously saying she owes $1,200 while also getting hit with late fees. Yet on more than one occasion, Scott said, after leaving work early to catch the on-site manager in the office, “she is never there, or will not answer the door, even if you knock and can see she is in the office.”

All are aware of the local and national affordable housing crisis. They know options are limited.

Newkirk, a longtime 911 dispatcher who is secretary of the Aurora Advisory Commission on Disabilities and active with the Citizen Police Academy of Aurora Alumni, admits she’s scared. For one thing, her health problems make her exceedingly vulnerable, and the idea of an eviction on her record as she tries to find replacement housing in this market means there is a “good chance” she will end up living in her car.

“I’m beyond scared, I’m petrified,” Newkirk said, noting that because her health issues require delivery of monthly medical supplies, “having a solid secure location to reside is critical.”

“I’m usually pretty rock solid when it comes to my mental health,” Newkirk said. “But dealing with the stress of all this has been hard.”

What makes her story so compelling is that this woman, who has been such a fearless advocate for others, is now in a vulnerable position herself. At the very least, say city officials, Red Tail management should have given Newkirk a clear explanation why her contract was not renewed and why she’s being evicted.

“Elana has been on the front line for so many things, championing so many causes, including the police department, those with disabilities and even with the Humane Society,” said Clayton Muhammad, chief communications and equity officer for the city of Aurora. “She is always putting herself out there to help others.”

While Red Tail, a private business, is not required to disclose a reason for not renewing a lease, Muhammad says that, “as a good corporate citizen it is incumbent on them to explain why her lease was not renewed, especially because she is disabled and a minority,” which are both protected classes of people.

“They need to offer her an explanation,” he said. “If it is not about race, then say that.”

When I asked the California-based Red Tail Residential about the complaints I heard from residents, and Newkirk, in particular, a spokesperson in a March email stated “we will work on the communication to our residents to resolve any issues relating to payments or lease questions,” but because Newkirk “is involved in legal proceedings,” the company could not comment or provide other information.

After the eviction case was settled in mid-May, I again reached out to Red Tail on multiple occasions but did not get a response as of Friday afternoon.

Muhammad strongly suggested the best way for frustrated tenants to find relief from issues with landlords is to form a neighborhood group that works closely with police and the city to mediate issues that arise.

Working alongside Aurora Ald. Carl Franco, 5th Ward, who describes Newkirk as “a straight arrow,” she tried to do just that in 2019 by starting a neighborhood group at the complex. But after Red Tail took over in 2022, said Newkirk, “it dwindled to nothing.”

Elana Newkirk looks over some of the documentation she presented to a Kane County judge May 15 when she fought an eviction from her Aurora apartment. The judge gave her a six-month reprieve. Newkirk, a double amputee who sits on the Aurora Advisory Commission on Disabilities and is active with the Citizen Police Academy of Aurora Alumni, is worried she won’t be able to find housing that is affordable and suitable for her many medical issues. (Denise Crosby / The Beacon-News)

“People are missing out on a lot of things the city can help provide,” said Newkirk, who shows as much grit and resilience as the hockey players she enjoys watching.

At her first court appearance over the eviction in late April, Newkirk submitted more than 50 page of documentation – including receipts she said proved rent was current until the portal stopped taking her payments – and told the judge she wants to “go to trial.”

That decision paid off May 15 in a Kane County courtroom when Judge Elizabeth Flood gave Elana another half-year at the ReNew Aurora apartment so she could continue her search for alternative housing.

While several Red Tail residents I spoke with over the past several weeks indicated things are better at ReNew Aurora since a recent change in onsite management, Newkirk remains in limbo, knowing that even with a judge’s six-month reprieve, finding new housing is going to be a challenge.

Newkirk tells me that, as of this week, she is on waiting lists for both the Aurora Housing Authority and DuPage Housing Authority. But at number 1,056 for the Aurora Housing Authority and 1,052 for DuPage, she’s not expecting good news any time soon.

And Newkirk, who says she’s spoken with an investigator from the Illinois Human Rights Division, continues to worry about others. After all, she sits on a city commission that’s supposed to help protect people like seniors and those with disabilities.

“Yet look what happened to me,” she said. “I can’t help but have questions run through my mind about what is happening to all of them.”

dcrosby@tribpub.com

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