What Is The Covid
Moratorium on evictions Renters in Chicago have more security thanks to a new ordinance.
In its mid-June legislative session, the Chicago City Council passed the COVID-19 Eviction Security Ordinance. If tenants respond to the five-day notice with a Tenant Notice and can show unpaid rent stems from financial losses incurred by the Coronavirus pandemic, the new ordinance allows landlords to impose a seven-day “cooling off” period.
Even while it protects landlords by forcing tenants to pay rent and making exceptions to the general rule, the Ordinance expressly aims to avoid circumstances that lead to a lack of shelter. For example, if âa tenant poses a direct threat to the health and safety of other tenants, an immediate and serious risk to property, or a violation of any applicable building code, health ordinance, or similar regulation,â landlords can initiate eviction proceedings.
Are Courts Across Illinois Executing Evictions The Same Way
: Not at all. Unfortunately, some courts have ignored the moratorium and allowed filing to proceed despite the tenancies being covered properties and despite there being no health and safety violations.
Here in Cook County, the sheriff has been excellent in ensuring that they dont execute eviction orders without certain guarantees that the moratorium and general administrative orders have been followed.
: We have found that the biggest gap in execution is in the amount of time provided to the tenant to move if an eviction judgment is entered against them.
For example, in the 10th Judicial Circuit, tenants are given five days to move, whereas in the 12th Judicial Circuit, judges typically provide 30 days.
Judges have expressed to Prairie State that guidance on this issue would be useful for uniformity, such as factors for judges to consider.
When Will Evictions In Illinois Resume
The Illinois eviction moratorium lasts until May 30, 2021, and bans the filing of residential eviction actions and the execution of residential evictions. Nothing in the moratorium shall be construed to deprive landlords of their responsibilities to make rent payments or otherwise comply with their contracts, according to previous executive orders relating to the filing of evictions in Illinois, such as Executive Order 2020-55.
It also says it doesn’t apply if “the occupant has been found to pose a direct threat to the health and safety of other residents, an immediate and serious risk to land, or a breach of any relevant building code, health ordinance, or related legislation.” In other terms, the temporary eviction ban is only intended to shield tenants who are facing eviction due to nonpayment of rent, not other lease breaches. Some landlords complain that the eviction moratorium encourages tenants to miss payments, but nothing in the moratorium relieves a tenant of his or her responsibility to pay the rent. It simply ensures that tenants have a place to live before the moratorium expires.
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Thats a step in the right direction, but tenant advocates are skeptical that it will be enough to avert an impending disaster. Millions in federal rental assistance funds have been slow to reach tenants, and structural barriers may have prevented many from applying for the help in the first place. Add that to an ongoing housing affordability crisis and weak enforcement of tenant protections during the pandemic, and advocates worry that opening up courts too soon will create a perfect storm for an eviction crisis. While theyre urging an extension of the federal eviction moratorium, implemented by the Centers for Disease Control, that order is so far also set to expire July 31.
I think more time is needed, said Mark Swartz, executive director of LCBH. He hopes that as the triage period comes to an end, the parties will look at and reassess the situation and see if theres a need to amend the order.
A patchwork of protections
Illinois Gov. J.B. Pritzker first implemented an eviction moratorium as part of a statewide stay-at-home order last March. While its been set to expire many times, Pritzker has always extended it until now.
Eviction Process For Illegal Activity
Tenants of a rental unit who are involved in illegal activity that constitutes a Class X felony or other illegal activity must be given five days written notice before the landlord can proceed with an eviction action.
If a Class X felony is committed during the tenants rental agreement term. The landlord has the right to terminate the rental agreement. Class X felonies include, but are not limited to the following:
- Aggravated kidnapping
- Aggravated arson
- Possession of a controlled substance with intent to deliver
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
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What Impacted Tenants Need To Know And Do
Chicago residential tenants who have lost income as a direct or indirect result of the COVID-19 pandemic should notify their landlords in writing within five days of receiving an eviction notice to further protect themselves from eviction.
This written notification can take place through letter, email or text message. This can be a message as simple as I have been unable to pay rent because I have been financially affected by the COVID-19 pandemic. A more formal template isavailablebelow.
Tenant to Landlord COVID-19 Template
Details Of Illinois Moratorium On Evictions
When Gov. Pritzker issued the latest Executive Order, the language of the moratorium remained unchanged from the previous month.
In addition to the state moratorium, the federal moratorium remains in place through the end of June. As a reminder, while both the state moratorium and federal moratorium remain in place the state moratorium should be followed in Illinois, as it is more restrictive than the federal moratorium.
Like his previous Executive Order, before serving tenants with a Notice of Termination of Tenancy, landlords must deliver to tenants a declaration that tenants may then execute and deliver back to landlords to trigger the protections of the moratorium. Under the declaration, the tenant states that:
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How Do They Apply
: The application is only available online at ilrpp.ihda.org. The tenant starts the application by completing some questions and submitting their supporting documents.
Then, an email will be sent to the housing provider to complete section 3 of the application and upload their supporting documents.
If a tenant or landlord has barriers to completing the online application, several housing stability servicer organizations are trained to help by calling 1-866-IL-HELP1.
: In the City of Chicago, residents/landlords can apply online at www.rentrelief.com/allchicago or contact one of the many agencies that have partnered with AllChicago.
For those that are in court in suburban Cook County, court-based rental assistance is coming.
: There are now court-based rental assistance programs available throughout the state for landlords and tenants who already are in court and for whatever reason may not have connected to rental assistance before an eviction was filed but can still benefit from it. Judges can refer the parties to these programs in the court case.
In The First Round The City Saw Demand Far Outpace Available Funding
When will evictions resume in illinois. The moratorium is now extended to july 26, 2020. Mar 21, 2020 / 09:10 pm cdt. As of december 11, 2020, governor j.b.
According to illinois governor, j. Eviction moratorium in illinois continues through january 9, 2021. Ri supreme court executive order no.
The new moratorium will now expire on sept. Despite the governors verbal promises on june 17, 2020 to extend his previous ban on the commencement of any residential eviction lawsuit and ban on enforcement of commercial or residential eviction. As expected, evictions will not resume on monday of next week.
Illinois’s eviction moratorium extension was announced by gov. When will evictions in illinois resume? The illinois declaration is very similar to the cdc one.
Posted on june 29, 2020 by richard magnone. Illinois evictions now prohibited until july 26, 2020. This reprieve is welcomed by certain illinois renters facing severe financial.
Illinois has a statewide eviction ban that is similar to the federal one. Posted on december 29, 2020 by royfmc. You didnt think you would get off that easy, did you mr.
Due to its connection to the gubernatorial disaster proclamation in response to the spread of coronavirus, the eviction moratorium must be renewed. Pritzker has extended illinois’ moratorium on evictions through oct. As of november 13, 2020, your landlord can proceed in a residential eviction unless you are considered a covered person.
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Bill Makes Available Over $1 Billion In Support To Eligible Applicants
Gov. JB Pritzker announced May 17 the state will plan to “phase out” its moratorium on pandemic-related evictions by August and launched a new program to provide assistance to renters and homeowners financially impacted by COVID-19.
The announcement regarding the planned end of the eviction moratorium came as Pritzker signed House Bill 2877, a bill that expands the Illinois Rental Payment Program to a total of $1.5 billion, and requires the sealing of eviction records filed due to financial hardship through August of 2022.
Funding for the program, which has been made available by the federal government, will be administered through the Illinois Housing Development Authority.
The assistance is nearly four times the amount offered under the previous assistance program, which distributed more than $280 million to more than 260,000 households across the state that were financially impacted by COVID-19, officials said.
Through the bill’s signing, eligible tenants and landlords can apply to receive a one-time grant totaling up to $25,000 to cover a maximum of 15 months of missed rent from June 2020 through August 2021, or until funds are exhausted. Funds will be distributed directly to housing providers and landlords.
Speaking in a Monday news conference in Chicago, Pritzker called the launch of the new support program and bill signing “momentous,” as officials aim to provide additional assistance to over 120,000 households statewide.
Contact Tim Kirsininskas at .
Illinois To Begin Lifting Eviction Moratorium Next Month Gov Jb Pritzker Urges Tenants To Apply For Next Round Of Rental Assistance
CHICAGO — More than a year after it first went into effect, the state’s moratorium on evictions will be gradually lifted next month, and Gov. JB Pritzker is urging renters who might be affected to apply for the latest round of financial aid for tenants.
Pritzker first ordered a moratorium on most evictions in Illinois in March 2020 as the COVID-19 pandemic hit, putting many renters at risk of being kicked out of their homes because they were losing income and unable to pay their bills.
The governor amended his executive order in November, providing more protections to landlords, by limiting the moratorium only to renters who have earned no more than $99,000 in annual income — or $198,000 as joint filers. The updated eviction moratorium also required tenants to submit a declaration form to their landlords, certifying they can’t pay rent due to substantial loss of income or increase in out-of-pocket expenses. Renters also were required to make their best efforts to make timely partial payments.
Wednesday afternoon, Pritzker’s office said he will issue a new executive order on July 23, allowing for eviction filings to resume in Illinois on Aug. 1. However, enforcement of eviction orders against tenants who qualified for the moratorium will not be allowed until after Aug. 31.
The income limits are based on the area median income in the county where you live. A full list of the program’s income limits is available on the Illinois Housing Development Authority website.
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Illinois Eviction Moratorium Remains In Effect Through July 24
Despite yesterdays U.S. Supreme Court decision regarding the CDCs federal eviction moratorium, REALTORS® in Illinois must follow the state eviction moratorium, said Illinois REALTORS® General Counsel Betsy Urbance.
The U.S. Supreme Court, by a 5-4 vote, upheld the stay, keeping the nationwide eviction moratorium in place, while saying that the CDC lacked authority to implement the ban. The ruling means the federal moratorium will expire at the end of July.
Last week, Illinois eviction moratorium was extended through July 24.
The federal eviction ban was first issued in September 2020 during President Trumps term and was extended by President Biden several times through the end of July. With the support of NAR, the Georgia and Alabama Associations of REALTORS® challenged the orders in federal court. In May, a U.S. federal judge sided with housing providers, ruling the moratorium unconstitutional. However, the judge issued a stay of her ruling pending appeal.
This ruling keeps in place certainty for tenants for another month while bringing clarity to struggling housing providers. It is now critical that the nearly $50 billion in rental assistance NAR helped secure gets out to those who need it most, Oppler said.
State and local law enforcement authorities now can enforce eviction orders that were sought before March 20, 2020, under a change to Illinois eviction moratorium that went into effect on Friday.
Whats The Status Of The Eviction Moratorium
: There is currently no eviction moratorium affecting Illinois residents. The Illinois eviction moratorium ended on October 3, 2021. The national moratorium was held unconstitutional on August 26, 2021. We arent aware of any movement to reinstate an eviction moratorium at the state or national level.
: The Illinois moratorium on filing most new eviction cases was already lifted at the beginning of August, so new filings have been permitted for more than two months now.
The Illinois Supreme Courts Order encouraging early resolution programs like the Early Resolution Program in Cook County continues to permit courts to enter continuances for the parties to seek legal assistance or rental assistance.
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Illinois Eviction Ban Extended Into Late September But Renters Anxiety Persists
There is still an additional $500 million that will open up later this year. Landlords and tenants apply together and can receive up to $25,000 covering 12 months of back rent and up to three months of future rent.
I understand theres been stress and strife, but actually we have lots and lots of stories of landlords helping tenants to apply and tenants encouraging their landlords to apply, said Kristin Faust, executive director of the Illinois Housing Development Authority .
The landlords dont want to evict. Its a big hassle, Faust said. Youd rather just have a paying tenant. It costs you money to evict and to turn over the unit.
IHDA has partnered with community groups and legal aid all over the state to spread the word.
We dont want to miss anybody. Were trying to create a safety net for everybody because were really trying to keep everybody housed, Faust said.
Mike Glasser is president of the Neighborhood Building Owners Alliance, and he owns property in Chicago and DuPage County. So far, he has recovered $20,000 in back rent and is scheduled to receive another $10,000.
But he still worries.
The protections currently in place are for people affected financially by COVID-19. Since August 1, the Cook County Sheriffs Office has enforced 309 court-ordered evictions against individuals the courts deemed to be non-covered by the pandemic.
Natalie Mooreis a reporter on WBEZs Race, Class and Communities desk. You can follow her on Twitter at.
What Is Covered Under The Current Illinois Eviction Moratorium
Illinois has a more limited eviction moratorium that will last until at least May 30, 2021.
Governor J.B. Pritzker’s administration extended a variation of the statewide ban on residential evictions for another 30 days until April 30, 2021. This halt in residential evictions is welcomed by some Illinois tenants who are suffering extreme financial hardships as a result of COVID-19âs economic displacement. Landlords may see the updated extension as a temporary reprieve since it excludes some of the wealthier tenants from its security. The eviction moratoriums in place from March to October 2020, on the other hand, extended to all residents, regardless of financial circumstances. This compromise is intended to take into account the financial impact on landlords, who often depend on rent collections to meet their own debt obligations.
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Possession Of Property Is Returned
For evictions due to illegal activity or illegal drug activity, the sheriff or other law enforcement officer must remove the tenant from the rental unit within seven days of receiving the writ of execution, or within seven days of the expiration of a stay of execution.
For all other evictions, tenants may be allowed up to 14 days to move out, depending on the court location.
7-14 days, depending on the reason for the eviction, once the writ of execution has been issued/stay of execution has expired.
Illinois Eviction Moratorium Extended Through October 2021
The office of Illinois Governor J.B. Pritzker announced that the statewide eviction moratorium would be re-issued and extended through October 3, 2021. The governor’s office also clarified in the latest announcement that the amended version of Executive Order 2021-13, which many renters and landlords throughout the state refer to as the Illinois eviction moratorium for shorthand, will be rescinded after October 3, 2021, allowing both eviction actions to proceed and enforcement of court orders to be enforced.
According to the order, “All state, county, and local law enforcement officers in the State of Illinois are instructed to cease enforcement of orders of eviction for residential premises entered against a Covered Person or Non-Covered Person unless that person has been found to pose a direct threat to the health and safety of other tenants or an immediate and severe risk to the property.” This section of the order is in effect until the new deadline of October 3, 2021. For more information on what constitutes Covered persons under the moratorium, continue reading below or refer to Executive Order 2021-19.
The governor’s office once again cited the continuing spread of COVID-19 case numbers in Illinois in Executive Order 2021-23, which extends the deadline of the eviction moratorium and several other recent orders.
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