Illinois Governor Pritzker has issued the latest in a series of Executive Orders addressing the COVID-19 pandemic. Executive 2021-05 extends the moratorium on Illinois evictions to April 3, 2021.

The new Order maintains the identical requirements from the prior Order (2021-04) and only allows landlords to proceed on evictions for non-payment against:

  • non-“Covered Persons” or
  • for conduct that is a direct threat to the health and safety of other tenants or an immediate and severe risk to property.

 

Other Evictions Prohibited

 

All other types of evictions (including those for holdovers, unauthorized occupants, and conduct that does not rise to the level of a direct threat) continue to be prohibited.

 

Requirements

 

Executive Order 2021-05 reiterates the prerequisites that were established in previous Executive Orders:

 

  • Landlords must personally serve the Illinois Housing Development Authority (IHDA) Tenant Declaration, in its current 2-page form, on tenants as you would a 5 day notice.
  • Landlords must wait 5 days after service of the Tenant Declaration form before serving the termination notice.
  • As with the Governor’s prior Executive Order, if a resident signs the Tenant Declaration Form (attesting under penalty of perjury that they meet one or more of the criteria listed in the Declaration) then you cannot proceed with an eviction unless the tenant’s conduct falls under the direct threat exceptions.

 

Federal Moratorium

 

President Biden signed an executive order requesting the Center for Disease Control (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 Resource

 

KSN can assist Illinois landlords by preparing the appropriate termination notices for your property in compliance with the Governor’s latest Executive Order, the Chicago Ordinance, and the CARES Act. 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.

 

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.