On June 17, 2020, the Chicago City Council adopted the COVID-19 Eviction Protection Ordinance. The Ordinance was written to expire 60 days after conclusion of the Governor’s eviction ban.

Since the Governor’s eviction moratorium ended on October 4, 2021, and the City Council took no steps to extend the Chicago Ordinance, the Chicago COVID-19 Eviction Protection Ordinance is now over.

 

Updated City of Chicago Requirements

Because the Ordinance is no longer in effect, as of December 4, 2021, landlords are no longer required to:

1. Attach the “Tenants Know Your Rights” disclosure to 5 Day Notices. Chicago properties can return to a standard 5 Day Notice – unless your property is subject to the federal Coronavirus Economic Stabilization Act of 2020 (CARES Act), see below.

2. Enter into a 7-day negotiation period for repayment if a tenant conveys a COVID-related financial hardship.  There is now no requirement that landlords attempt to negotiate a payment plan or show proof of negotiations in court (for 5 Day Notices served on or after December 4, 2021).

3. Be bound to narrow and tenant-favorable settlement and repayment requirements. Under the Ordinance, landlords:

  • were required to offer a 2-month repayment term for every month of unpaid rent
  • could not deny a payment plan based on rental assistance funds, and
  • were prohibited from including a confidentiality clause in the final agreement.

These restrictions on repayment agreements are no longer in place.

Landlords in the City of Chicago can return to using standard 5 Day Notices, without attaching the Chicago “Tenants Know Your Rights” disclosure or engaging in repayment negotiations.

 

Federal Requirements

If your property has a federally-backed mortgage or participates in certain federal funding programs, your property may be subject to the CARES Act and a special 5 Day Notice form will be required.

Please contact our office if you believe your property is subject to the CARES Act.

 

Legal Resource

Other than the CARES Act (that has no expiration date at present), no other pandemic-related eviction restrictions remain in place. Landlords are again able to use their own discretion in determining how to deal with delinquent and unruly tenants for the good of their own properties.

If eviction is the route you seek, our office can help you navigate the requirements and procedures to ensure your evictions are on file quickly and processed efficiently.

KSN attorneys are familiar with the latest landlord/tenant laws and regulations. We work quickly and efficiently with landlords and rental property managers to discuss evictions, lease reviews, how current legislative changes impact your property, or other legal concerns.

KSN can be reached by calling 855-537-0500 or by visiting www.ksnlaw.com.

Since 1983, KSN has been a legal resource for landlords, property managers, and property owners. We have four office locations, serving hundreds of clients and thousands of communities throughout Illinois, Indiana, and Wisconsin. Our attorneys are also licensed in Arizona, Florida, and Missouri.

 

Please note the material contained in this article is for educational and informational purposes only and does not constitute legal advice. No attorney-client relationship is established by your review or receipt of the information contained in this article. You should not act on the information discussed in this article without first obtaining legal advice from an attorney duly licensed to practice law in your State. While KSN has made every effort to include up-to-date information in this article, the law can change quickly. Accordingly, please understand that information discussed in this article may not yet reflect the most recent legal developments. Material is not guaranteed to be correct, complete, or up to date. KSN reserves the right to revise or update the information and statements of law discussed in the article law at any time, without notice, and disclaims any liability for your use of information or statements of law discussed on the article, or the accessibility of the article generally. This article may be considered advertising in some jurisdictions under applicable law/s and/or ethical rules/regulations. © 2021 Kovitz Shifrin Nesbit, A Professional Corporation.