by Bryan Hughes

Diaz Anselmo Lindberg P.A.

USFN Member (FL, IL)

On November 13, 2020, Illinois Governor JB Pritzker entered the 8th extension of his standing COVID-19 response order 2020-72 and subsequently order 2020-74 on December 11, which further extends the statewide moratorium on residential evictions through January 9, 2021.  However, this most recent order, while leaving in place the ability to proceed on commercial evictions and those evictions based on health and safety concerns, adds a new layer which may open the door to proceeding on a population of residential evictions in Illinois.  

Executive Order 2020-72 limits the restriction on residential evictions to those cases that involve what the order refers to as “covered persons”, i.e. those persons negatively and directly impacted by the pandemic.  Owners, landlords, or anyone else with a right to commence an eviction case is now required to provide a form “Declaration” to each occupant before serving a demand and then filing an eviction suit.   The occupant(s) must then return that Declaration to the owner or landlord to provide information that may prevent certain evictions from going forward. 

The Declaration itself is a form provided by the Illinois Housing Development Authority, setting forth criteria that occupant(s) must meet before they can seek protection against eviction.  The caveat is that the statements made in the Declaration may subject those occupants to potential claims for perjury should they misrepresent meeting those qualifications.  In other words, once this Declaration is provided to each occupant and 5 days pass, an applicable demand may be served and then a complaint filed unless the occupant returns the executed Declaration. 

Executive Order 2020-74 added an additional layer to 2020-72 which impacts, among others, foreclosure related evictions.  It indicates that a person or entity may not commence a residential eviction action pursuant to or arising under 735 ILCS 5/9-101 et seq. against a tenant who does not owe rent unless the tenant poses a direct threat to the health and safety of other tenants or an immediate and severe risk to property. A tenant shall not be required to provide a Declaration if they are covered by this section. So, an eviction of a tenant based on anything other than non-payment of rent, a commercial property, or a health and safety concern remains stayed under the latest order.

This is at least a step towards moving the backlog of residential evictions that have been building up in the State of Illinois and taking occupants to task who would otherwise be able to sit idly by not paying rent or fearing eviction as the State’s moratorium goes on.   

The full text of executive order 2020-72 can be found by clicking the link below:

https://www2.illinois.gov/Pages/Executive-Orders/ExecutiveOrder2020-72.aspx

The full text of the Declaration can be found by clicking the link below:

https://df7qosnywqs6g.cloudfront.net/wp-content/uploads/2020/11/Tenants-Declaration-Form.pdf

Copyright © 2020 USFN. All rights reserved.

December 2020 e-Update