Earlier this month, the Governor’s office announced that Illinois’ own eviction moratorium would be extended to October 3, 2021, even as the US Supreme Court struck down the CDC moratorium. (source: https://chicago.cbslocal.com/2021/08/31/illinois-eviction-moratorium-extended-to-october-3/)
Now the Governor has made good on his promise with the publication of Illinois Executive Order 2021-23, which states:
Sections 1, 4, 5, 7, and 8 Executive Order 2021-13, as amended by Executive Order 2021-14 and Executive Order 2021-19, are re-issued and extended through October 3, 2021, whereafter Executive Order 2021-13 shall be rescinded.
Section 2 of 2021-13 states:
“A person or entity may not commence or continue a residential eviction action pursuant to or arising under 735 ILCS 5/9-101 et seq. against a Covered Person unless that person poses a direct threat to the health and safety of other tenants or an immediate and severe risk to property.”
If you haven’t been following the high drama that is the changes to the legal procedures on evictions seemingly done every month, 2021-23 spells a definitive end to the eviction moratorium.
What this now means is that landlords can now evict someone who was otherwise protected by the moratorium.
A covered person is defined as: “any tenant, lessee, sub-lessee, or resident of a residential property who provides to their landlord, the owner of the residential property, or other person or entity with a legal right to pursue an eviction or possessory action, a Declaration under penalty of perjury indicating that:
- the individual either (i) expects to earn no more than $99,000 in annual income for Calendar Year 2020 (or no more than $198,000 if filing a joint tax return), (ii) was not required to report any income in 2019 to the U.S. Internal Revenue Service, or (iii) received an Economic Impact Payment pursuant to Section 2001 of the CARES Act;
- the individual is unable to make a full rent or housing payment due to a COVID-19 related hardship including, but not limited to, substantial loss of income, loss of compensable hours of work or wages, or an increase in out-of-pocket expenses directly related to the COVID-19 pandemic;
- the individual is using best efforts to make timely partial payments that are as close to the full payment as the individual’s circumstances may permit, taking into account other Non-Discretionary Expenses; and
- eviction would likely render the individual homeless—or force the individual to move into and live in close quarters in a new congregate or shared living setting—because the individual has no other available housing options.
Updates To Eviction Court Filing Procedures
Illinois Supreme Court Order M.R. 30370, was updated on September 13, 2021 to coincide with the Governor’s issuance of an extension to the Moratorium to October 3, 2021.
The Supreme Court recognized the growing tide of Evictions about to batter our justice system:
“As the Governor’s eviction moratorium begins to sunset, courts are expecting a surge in eviction filings that will require significant resources to properly process and litigate. Accordingly, in the exercise of the general administrative and supervisory authority over the courts of Illinois conferred on this Court pursuant to Article VI, Section 16 of the Illinois Constitution of 1970 (Ill. Const. 1970, art. VI, sec. 16); and in view of the substantial resources available to Illinois renters and landlords to prevent evictions, including the launch of a statewide Court-Based Rental Assistance Program, and the need to ensure appropriate referral of new eviction filings to State and local resources that may be of assistance to both landlords and tenants, IT IS HEREBY ORDERED that: 1. All summons issued in residential eviction cases shall include the attached, or substantially similar, notice regarding the Court-Based Rental Assistance Program. The notice shall be attached to a copy of the summons filed with the Clerk of the Circuit Court. Local Circuit Courts may modify this notice with more relevant local information, if applicable.
The Court-Based Rental Assistance Program (called “CBRAP”) seeks to alleviate eviction filings by providing tenants and landlords who apply for it, up to 1 year of back rent, and three months of future rent to prevent homelessness. The program has been earmarked with $60 million dollars, which is projected to go rather quickly.
The CBRAP funds will be available to tenants and landlords across the state (outside of Cook County) starting on September 15. Cook County will be operating its own court-based rental assistance program slated to launch in early October with direct funding from the federal government.
Unlike other rental assistance programs, the CBRAP will allow for expedited processing and will have a designated phone number for individual court employees to call and ask questions about the court-based program. It is intended that this program will act as a safety net for litigants who are on the brink of eviction. As a condition of receiving rental assistance (from the CBRAP as well as the other rental assistance programs), landlords agree not to evict the tenant for nonpayment of the rent that is repaid.
What happens if you are falsely evicted? Learn more about false evictions and how they affect your credit score here.
Local Changes to Eviction Proceedings
DuPage County rolled out its own Eviction mediation program, amending Article 14 of its local rules pertaining to the Civil Law docket:
“The 18th Judicial Circuit Court Eviction Mediation Program (Program) is designed to help mitigate the surge of evictions resulting from the COVID-19 pandemic, and the ensuing economic fallout. Its chief goal is to assist tenants and landlords in avoiding eviction and pursuing mutually beneficial alternatives. The Eviction Mediation Program is designed to aid in the administration of justice by promotion of judicial efficiency. Eviction mediation under these rules involves a confidential process whereby a neutral mediator, appointed by the Court, assists the litigants in reaching a mutually acceptable agreement. It is a mandatory process that is informal and non-adversarial in nature. The role of the mediator includes, but is not limited to, assisting the parties in identifying issues, fostering joint problem solving, exploring settlement alternatives, and reaching an agreement. “
Learn more about the Illinois evictions process in our article: How To Evict A Tenant in Illinois | Evictions Process Explained.
These changes require an experienced attorney to navigate. Without a knowledgeable attorney on your side, getting a tenant out of your apartment, or defending yourself against a landlord, can be an exercise in frustration. Call us today at (630) 324-6666 or fill out our confidential consultation form for help with your eviction matter.
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