* Cook County Record…
Illinois landlords who have been barred for months under an order from Gov. JB Pritzker from evicting tenants who either can’t or won’t pay rent will only suffer temporary harm, and shouldn’t be allowed to sue the governor for allegedly illegally taking their property, attorneys for Pritzker have argued in a new court filing.
Pritzker asserted he has the authority under the state’s so-called “police power” to take steps to prevent public health from suffering “devastation,” should landlords begin evicting tenants too soon.
“A resurgence of the deadly virus could undo the State’s hard-won progress and waste the tremendous sacrifices all residents and business have made since March to fight the pandemic,” lawyers from the Illinois Attorney General’s office wrote. […]
“The Governor’s orders merely put a temporary hold on one means to enforce Plaintiffs’ contracts,” Pritzker’s lawyers argued. “Plaintiffs are still entitled to pursue delinquent tenants based on the breach of payment terms and may initiate eviction proceedings as soon as the suspension of evictions ends…”
The state’s brief asserts the governor intends to lift the evictions ban on Aug. 1, as the state expects to then have in place a new rental assistance program, which they said would send assistance payments directly to landlords on behalf of tenants.
“… Any harm Plaintiffs might suffer because they are unable to evict their tenants for a few more weeks is relatively slight compared to the devastation that could result if the Governor’s order were enjoined,” Pritzker’s lawyers wrote.
* The full quote…
Further, the Governor has announced he intends to suspend residential evictions for just a few more weeks until an emergency rental assistance program begins providing help to affected tenants (and their landlords) in August. An injunction would provide minimal benefit to Plaintiffs while threatening to reverse much of the progress Illinois has made in its fight against COVID-19. The law does not require this tragic result.
* So, I asked the governor’s office if it was true that the eviction order will be lifted in August…
The administration is currently assessing what assistance granted through executive order needs to be extended as we continue fighting this pandemic. The state has invested $150 million in rental assistance that Illinoisans will be able to apply for in a few weeks.
* Some background…
• The Illinois Housing Development Authority (IHDA) is launching a $150 million program with grants up to $5,000 to provide emergency rental assistance to Illinois tenants who are unable to pay their rent.
• Eligible tenants must already carry an unpaid rent balance from March through present day and certify that the reason they were unable to pay rent was due to a COVID-19 related loss of income on or after March 1, 2020.
• The assistance will be paid directly to a property owner or landlord on behalf of the tenant and as a condition of accepting the assistance, landlords must agree not to evict the tenant for the duration of the ERA.
* The governor is addressing reporters today at noon, so we’ll likely learn more…
What: Gov. Pritzker to give a COVID-19 update.
Where: James R. Thompson Center, 15th Floor, Blue Room, Chicago
When: 12:00 p.m.
Watch live: https://www.Illinois.gov/LiveVideo
Subscribers got a bit of a preview on Tuesday.
- NIU Grad - Wednesday, Jul 15, 20 @ 10:52 am:
I’m worried we’re on the edge of a massive national homeless crisis. Also, considering HUD has been working for the last few years to under count the homeless population, we may never get a full idea of the impact.
- ;) - Wednesday, Jul 15, 20 @ 11:05 am:
AG needs to investigate Home Partners of America. They’ve been preying on minority and immigrant tenants.
- 40,000 ft, flight delayed - Wednesday, Jul 15, 20 @ 11:11 am:
I’m curious how many loan$ my bank has made to these underwater landlords. I’m getting some incredible offers to deposit mo’ money….
There may be carnage as far as the eye can see as there are two sides, and multiple third parties, to every single missed rent transaction—renter, landlord, mortgage holder, local prop tax entity, utility cos, property vendors.
- Anotherretiree - Wednesday, Jul 15, 20 @ 11:18 am:
Agree with NIU that we are close to an edge. The extended unemployment benefits will be ending soon also. Something about this bothers me on a constitutional level. Unlike conservatives, I try and be consistent.So I don’t want my retirement contract diminished nor do I want to see other contracts impaired. Seems like preventing evictions is impairing a contract.
- The Dust - Wednesday, Jul 15, 20 @ 11:23 am:
Although I feel for the renters I think what is getting lost is landlords are just as important in this case. If they can’t pay their bills too what do you think is going to happen. The building will get for closed on, and they will still be out on the street. As much as it is important to think about the tenant the landlord is just as important. That may be their only income.
- 1st Ward - Wednesday, Jul 15, 20 @ 11:26 am:
The unpaid rent balance should be as of April 1 not March 1. The shut-down occurred March 17.
We are going to have a massive national homeless crises regardless. There’s no requirement that a landlord renews the contract with a tenant. When the lease contract expires where does the tenant go when he/she has no job and can’t get one?
- DuPage Saint - Wednesday, Jul 15, 20 @ 11:27 am:
I think it is unfair to small landowners to have to carry people while the landlord’s bills just continue on. This must be addressed at a governmental level. Extended unemployment, rent vouchers or aid to landlords so they can carry tenants.
Why not just say food stores have to give out food if a person cannot pay?
And as I wrote that it sounds horrible but a serious problem is developing and one segment should not be forced to bear brunt of problem.
- Will Rez - Wednesday, Jul 15, 20 @ 3:29 pm:
Given the amount of time the eviction stay has been in place, a substantial percentage of these residential leases have elapsed, yet the landlord in that circumstance has no legal ability to take back their property if the tenant refuses to vacate. Where’s the equity in that?
- Debbie - Wednesday, Jul 15, 20 @ 3:32 pm:
Landlords are suppose to give free services. Food stores,clothing store, hair salons, etc.. give nothing free. In fact they get forgivable loans from the gov. The rental assistance program gives money to landlords for back rent if the renters was AFFECTED by coronavirus. MOST ARE NOT! They will move out after the ban is lifted and enjoy the 6 months of free rent.
- Will Rez - Wednesday, Jul 15, 20 @ 3:35 pm:
Unfortunately the order is a one-size-fits-all eviction stay. The guy paying 5K/mo to rent a Burr Ridge house who decides to cheese out on the last four months of his rent payments is treated the same as the single mom who lost her job and can”t pay $1200 for a Sauk Village 2 BR.
- Southwest Sider - Wednesday, Jul 15, 20 @ 10:13 pm:
I am a landlord in Chicago. Surprisingly, few evictions. Folks got unemployment from what I heard. I cut rent rapidly on commercial tenants who were struggling. My attorney says the courts are going to be very backed up. Then the sheriff will be backed up. I expect errant tenants to stay VERY long. I am sympathetic when they communicate, my hands are forced if they avoid me. I am optimistic and think there will not be a massive housing crisis. Eviction moratoriums sort of need to be lifted unless landlords get some concessions, which they will not. Housing is mostly in private hands, and some would crumble if eviction bans continue until next year.