DARA (DeKalb Area Rental Association) released a statement that ‘Illinois Stay of Evictions Extended’ into August 22 by the Governor: please see articles below.
Also, this lawsuit has been heard in court on the Governor’s legal authority for eviction moratorium and DARA is awaiting a decision from the judge.
Notice from KNS Legal Team: Illinois Governor Pritzker Announces Extension of Eviction Moratorium Through August 22, 2020.
On Wednesday, July 22, 2020, Illinois Governor Pritzker announced that he will extend the moratorium on evictions in the state until August 22, 2020.
Again, the Governor explained that the extension of the residential eviction ban will provide a smooth transition into his new assistance programs which go into effect on August 1, 2020. The assistance programs are designed to assist tenants affected by the COVID-19 pandemic to repay past due rents to landlords.
We expect Governor Pritzker to issue an extension order on or before July 25, 2020. If the new order maintains the same requirements as the current Executive Order relating to evictions, a landlord will not be allowed to initiate any residential eviction until August 23, 2020, unless the tenant poses “a direct threat to the health and safety of other tenants, an immediate and severe risk to property, or a violation of any applicable building code, health ordinance, or similar regulation.”
Once the stay is lifted, landlords can once again issue termination notices and file evictions. It is important to note that the Executive Order does not waive the tenant’s obligation to pay rent. Further, rent will continue to accrue as the lease dictates. Some tenants have misinterpreted the Governor’s Order and believe their rent is waived which is creating large unpaid balances on their accounts.
Keep in mind that Chicago landlords will be facing additional requirements for non-payment notices pursuant to the City’s COVID-19 Eviction Protection Ordinance passed on June 17, 2020 once the Governor’s stay is lifted (see KSN blog article: City of Chicago Adopts COVID-19 Tenant Impact Ordinance).
Finally, landlords must be aware that the federal Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) also provides further protection to subsidized tenants by requiring that landlords serve a 30 days notice, rather than a 5 days notice for non-payment of rent. Therefore, for properties with federally backed loans or those that receive federal assistance (ex. Section 8 voucher programs), the earliest an eviction could be filed would be September 21, 2020
Our law firm will continue to monitor the ongoing changes with the eviction process and their impact on landlords and rental property managers.
If you would like to speak to one of our attorneys for additional explanations of the Executive Order, the CARES Act, and/or the most recent changes with the Illinois Eviction Act, KSN can be reached by calling 855-537-0500 or by visiting ksnlaw.com.