The landlord of Naperville was ordered to close Naperville’s property, which he used as an illegal boarding house, after pleading guilty to criminal contempt.
After more than five years of legal disputes between the city of Naperville and neighboring real estate owners, retired lawyer Terry Gaka was guilty of last week admitting that he continued to run his boarding house in violation of city ordinances. I handed down the judgment. ..
Gaka owns single-family homes on 2401 Lisson Road, 202 Pepperidge Road, 72 Bunting Lane, 4 W. Bailey Road, and 422 Carriage Hill Road, and uses them as boarding houses to rent out rooms to individual renters.
Neighbors living near the house have made many complaints to the city about property-related problems such as noisy parties, blasphemous discussions, and terrible maintenance.
Thomas Frederick, a lawyer living next to the Lisson Roadhouse, has filed an insult proceeding against Gaka. The judicial transaction in this case, approved by Will County Circuit Judge David Carlson, applies not only to the house, but also to the other four houses in the DuPage County part of the city.
Under this agreement, Gaka must be subject to 24-month probation and is prohibited from renting a home in a detached residential area to two or more unrelated people.
According to the court order, three properties are currently in compliance and two homes (one on 4 W. Bailey Road and 202 Pepperidge Road) must be in compliance by September 1.
Lori Jones, chairman of the Maplebrook Homeowners Association, which serves the parcels where Bailey and Banting’s homes are located, said he was “very relieved” when he heard about the judicial transaction.
“A year or two ago, I said nothing would change, so it’s really great to see positive moves,” she said.
Jones said he wanted to see both homes sold. The Bunting Lane home was put up for sale this spring and is under contract.
“(The property on Bailey Road) is on the corner of a busy street, so it’s not an easy home to sell,” she said.
Mike Disant, a lawyer in Naperville, said in an email that the judicial transaction is optimistic that it will put an end to the issue of non-compliance and bring relief to its neighbors.
For the past five years, the city has tried to prevent Gaka from renting rooms to multiple tenants, but faced counterclaims and continued non-compliance with Gaka, court documents show.
Frustrated Frederick decides to take advantage of his position as a neighbor on Lisson Road to quit his legal affairs to pursue legal action against Gaka. The house in question was once a full-time dwelling in Gaka.
Naperville joined the proceedings against Gaka in March 2021.
“Thomas Frederick has done an extraordinary job of pursuing justice on this issue and helping the city to hold Terry Gaka accountable,” Disant said in his email. “The city and Frederick will continue to pursue a permanent injunction to ensure that Fahrenheit operates real estate in Naperville in accordance with city ordinances.”
In civil cases, the city also chases Gaka for the fines he has accumulated over the years.
Naperville has fined at least $ 100 a day for Gaka to operate a boarding house illegally in five locations. This is in excess of $ 766,500 in total, court documents show.
Frederick is seeking $ 1 million for legal costs and damages. He said the judicial transaction was a “big step.”
“If (Gaka) violates any of the conditions, he can go to jail,” Frederick said.
The court order is also approved by Gaka from the court before making a proceeding in a state or federal court, any other proceeding, an administrative or ethical complaint, or a claim against Frederick or a witness that Gaka is not represented by a lawyer. You need to get.
In addition, according to the order, Gaka is prohibited from harassing Frederick and witnesses and will be required to pay $ 10,000 for Frederick’s statutory costs once the sale of 72 Banting Lane is complete.
The insult was caused by Frederick’s quest to obtain a permanent injunction to prevent Gaka from lending Lisson’s property as a boarding house.
According to court documents, the judge filed an affidavit in February 2020 from him and two residents claiming that only he and two residents lived there. Frederick’s proceedings need to be dismissed.
In a statement, Fahrenheit notified the other three tenants 30 days in advance in January 2020, stating that they no longer live in their homes.
Frederick realized that wasn’t the case.
According to the document, in June 2020, Frederick obtained an affidavit from one of three men who had been living at home since April 2019 and was notified in February that he was living at home. bottom.
Frederick said Will County’s law firm refused to prosecute Gaka for perjury and then applied Illinois law to allow him to prosecute him for contempt of court in breach of the injunction.
Gaka has the right to appeal, but he must file a written motion to withdraw his guilty plea within 30 days.