Governor Pritzker Extends Modified Moratorium on Residential Evictions Through January 9, 2021

On December 11, 2020, Governor Pritzker extended the moratorium on residential evictions, but only as to a “Covered Person” which is defined as a person who (1) expects to earn no more than $99,000 in annual income for 2020 (or no more than $198,000 if filing a joint tax return) or was not required to report any income in 2019 to the Internal Revenue Service or received an Economic Impact Payment pursuant to the Federal Cares Act; (2) is unable to pay his/her full housing related payment due to a COVID-19 related hardship, including but not limited to, substantial loss of income, loss of compensable hours of work or wages or an increase in out of pocket expenses directly related to the COVID-19 pandemic; (3) is using his/her best efforts to make timely partial payments that are as close to full payment as his/her circumstances permit taking into account other non-discretionary expenses and (4) who, in the event of an eviction, would likely be rendered homeless or force the individual to move into and live in close quarters in a new congregate or shared living setting because the individual has no other available housing options.
The Executive Order prohibits any eviction action against a Covered Person unless that person poses a direct threat to the health and safety of other tenants or an immediate and severe risk to property. Further, each landlord, owner of a residential property, or other person or entity with a right to pursue a residential eviction or possessory action must provide the resident or occupant with a Declaration at least 5 days prior to commencing any residential eviction proceeding. The Declaration is published by the Illinois Housing Development Authority and may be used by Covered Persons to invoke the protections of the Governor’s current executive order.  

If you have any questions regarding this update, or if SFBBG can assist with another matter, please an attorney at SFBBG by calling 312-648-2300.  

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