Simovits v. Chanticleer Condo. Ass'n
United States District Court for the Northern District of Illinois
933 F. Supp. 1394 (N.D. Ill. 1996)
Chanticleer's (defendant) restrictive covenant barred residency by minors and required its approval before selling to buyers with children under 18, even though the facility was open to any adult regardless of age; the Simovits (plaintiffs), assisted by fair-housing group HOPE (plaintiff), lost potential buyers and ultimately sold at a reduced price after Chanticleer agreed to waive the covenant, then sued alleging Fair Housing Act violations, seeking economic damages, emotional-injury damages, punitive damages, and injunctive relief; Chanticleer's post-suit resident-age survey relied partly on guesses.
Whether a condominium association may restrict unit sales to buyers with minor children if the facility does not meet the statutory requirements to qualify as "housing for older persons."