The village of River Forest has accepted a $100,000 settlement from a couple whose house fire killed a tenant living in their illegally converted two-flat. In return, the village dropped a lawsuit that sought to recoup millions of dollars from years of village fines. Trustees voted unanimously to accept the agreement at a board meeting on June 24. The settlement agreement is not an admission of guilt by either party.
“In the end, the village believes that fine of $100,000 sends a strong message that illegal dwelling units such as these, in the manner of 516 Park Ave., will not be tolerated in the village of River Forest,” Village Administrator Eric Palm said at the meeting.
In March 2017, a fire in the home at 516 Park Ave. resulted in the death of Elpidio Flores, 50, who was living in the property’s basement. The Cook County Medical Examiner’s Office ruled the death accidental, saying Flores died of smoke inhalation. The property is owned by Gregg Kuenster, who did not respond to interview requests, and his wife Songliu.
After the fire, the village conducted two inspections of the property and found that it had been illegally converted into a two-flat that was in “substantial noncompliance” with village code, according to the settlement agreement. River Forest officials found it had been illegally converted around March 2014 and had “dozens” of code violations that posed a “threat to the life and safety of the community,” the settlement agreement states.
“His dwelling unit was discovered after a fire took place that ultimately led to the tragic death of an individual, Mr. Elpidio Flores, who was living in the unit,” Palm said at the meeting. “Fortunately the other tenants were able to escape safely and no other properties were damaged.”
After a year of negotiations with the Kuensters, the village filed a complaint in the Cook County Circuit Court in February 2018, seeking to recoup up to $11 million in fines that had been imposed on the couple for every day their house was out of compliance. Gregg Kuenster, in return, ran for the River Forest board in April 2019, citing the ongoing court case as at least part of the reason he decided to throw his name in the ring. Kuenster ended up securing the lowest number of votes, with just 133 people casting ballots in his favor.
“Situations such as these are rare in River Forest fortunately,” Palm said.
In addition to agreeing to pay $100,000, the settlement also states that, in the future, the village can inspect the property “at any reasonable time without notice.” For future code violations found, property owners will be fined $1,000 in liquidated damages.
“I think we need to keep fairly close eyes on this property,” Trustee Tom Cargie said at the meeting.
Because of the “horrific” circumstances surrounding the complaint, the village will donate $10,000 from the settlement to River Forest Senior Initiatives, as well as $10,000 in microgrants to local nonprofits. River Forest will gift Thrive Counseling Center $2,500; Sarah’s Inn $2,500; the Oak Park-River Forest Infant Welfare Society, $2,500; and Amity School Children’s Aid, $2,500.
“We would only issue the grants if we receive the funds,” Palm said. Kuenster has 45 days after the approved settlement agreement to pay the $100,000.
Village Attorney Greg Smith said the case will not be dismissed until the payment is made.
“If it’s not made, we’re going to trial in October. We have an October trial date. If payment is made, we’ll dismiss the subject to the court,” Smith said. He noted that the agreement is valid until December 2021 and its terms apply to any owner of the property, not just the Kuensters.
Palm called the circumstances surrounding 516 Park Ave. “rare,” saying that most code violations in River Forest are resolved voluntarily or sometimes “a modest fine or possibly a double permit fee is assessed to recoup village costs and ensure the parties are held accountable.” He said the Kuenster incident wasn’t the first time the village had gone to court over a property.
Palm named an abandoned home at 1042 Lathrop Ave.. where the village ultimately received approval from the Cook County Circuit Court to demolish the “mold infested” home and recoup $57,000 in relevant costs. Palm said a judge had also previously granted the village title to a “structurally unsafe” property at 8241 Lake St. for $297,000, and River Forest eventually received approval to raze the structure. When a home at 203 Franklin Ave. was abandoned after a fire, Palm said the village went through the Circuit Court again and received permission to demolish the home, recouping $62,000 in costs along the way.
“These examples are recited to show our commitment to two of our three main tenets at the village — ensuring we live in a safe community and protecting our property values,” Palm said. “The matter at 516 Park was no different. Over the last two years the village remained steadfast that either an appropriate settlement be reached or else the matter goes to trial.”
CONTACT: ntepper@wjinc.com