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*** UPDATED x1 *** Pritzker’s new EO includes change in eviction moratorium

Friday, Mar 5, 2021

* Click here for the renewed disaster proclamation and click here for the EO.

Most everything in the EO just extended everything for another month. The only major change was the eviction moratorium, which is amended thusly

A person or entity may not continue a residential eviction action pursuant to or arising under 735 ILCS 5/9-101 et seq. against a tenant, lessee, sub-lessee, or resident of a residential property if the tenant, lessee, sub-lessee, or resident submits a Declaration pursuant to Section 1 following commencement of a residential eviction action, unless that person poses a direct threat to the health and safety of other tenants or an immediate and severe risk to property.

That’s apparently designed to deal with the worst problem tenants.

*** UPDATE *** From attorney Michael J. Steadman…

Rich-

Great work on the blog.

A clarification as to the effect of the amendment to the EO re: evictions. Thank you by the way for the update- these EO’s do not get much media coverage and the State does not always update right away.

It is a change that benefits tenants. Until now if a tenant did not submit their signed declaration prior to the filing of a case the case could proceed through the system through trial and judgment. Everything would be finished except the enforcement of the order. Now, if I’m reading it correctly, if they submit the declaration at any time in the process the eviction case gets frozen.

Exceptions of course for health and safety situations. This order does not affect cases where a landlord can demonstrate a tenant is posing a “direct threat”.

Editorial comment- what most folks don’t realize is that once the moratorium is lifted it will still take landlords months to get the cases through the system and litigated where necessary. At least here in Cook. This is a further obstacle to those landlords who have been able to file cases and start moving them forward.

I’m a landlord attorney if that wasn’t already plainly obvious!

- Posted by Rich Miller        

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