In March 2020, the Coronavirus Aid, Relief, and Economic Security Act (also known as the CARES Act) established eviction protections to protect eligible renters impacted by the COVID-19 pandemic. After the moratorium expired in July 2020, the Center for Disease Control (CDC) extended the eviction ban through September 2020 and then again through the end of December 2020.

 

In late 2020, Congress moved forward with coronavirus emergency relief legislation that included a one month extension to the CDC issued eviction moratorium. The existing moratorium, set to expire on December 31, 2020, was extended to January 31, 2021.

 

New Administration

 

On the first day of the new administration, President Biden signed an executive order requesting the CDC to extend the eviction and foreclosure moratorium through at least March 31, 2021.

 

The order also asks federal housing agencies to allow forbearance and maintain the eviction moratorium on federally backed mortgages. Moreover, Biden has indicated that he will look to Congress to approve legislation extending the eviction and foreclosure moratorium through September 2021.

 

Legal Options

 

It’s important to note that the federal eviction ban does not stop rent payments. Tenants maintain the obligation to pay rent, rent will continue to accrue as the lease dictates, and lease violations remain enforceable.

 

KSN can assist Illinois landlords by preparing the appropriate termination notices for your property in compliance with federal orders, state guidelines, local ordinances, and public health policies. Our attorneys will work to avoid possible dismissal of your eviction cases and further delays in removing non-covered tenants.

 

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, the CDC Order, or the most recent changes in Cook County and Chicago, KSN can be reached by calling 855-537-0500 or by visiting ksnlaw.com.

 

Criteria and Violations

 

The CDC has outlined the following criteria that must be established by a tenant who is seeking relief under the federal moratorium:

 

  • Have an income of $198,000 or less for couples filing jointly, or $99,000 for single filers
  • Demonstrate they have sought government assistance to make their rental payments
  • Affirmatively declare they are unable to pay rent because of COVID-19 hardships
  • Affirm they are likely to become homeless if they are evicted

 

Tenants must use specific, required forms for protections from evictions. There are also criminal penalties against individuals and organizations who violate the federal order and proceed with unlawful evictions. Penalties include jail time and fines ranging from $100,000 to $250,000.

 

Additionally, the CDC’s order allows individual states to adhere to stricter guidelines to help prevent the further spread of COVID-19.

 

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, the CDC Order, or the most recent changes in Cook County and Chicago, KSN can be reached by calling 855-537-0500 or by visiting 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.

 

This article is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By reading this article you understand that there is no attorney client relationship between you and the article author. This article should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. © 2021 Kovitz Shifrin Nesbit, A Professional Corporation.