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State’s eviction moratorium will expire on October 3

Tuesday, Sep 21, 2021

* Capitol News Illinois

The state’s moratorium on enforcement of residential evictions will expire on Oct. 3, according to Gov. JB Pritzker’s latest COVID-19 executive order issued Friday.

Pritzker had extended the order each month with minor to substantial revisions since March 2020. The extensions have come in 30-day windows, coinciding with his monthly reissuance of a disaster proclamation in response to the pandemic.

While most of the provisions in Pritzker’s latest executive order were extended through Oct. 16, the section providing for the eviction moratorium is scheduled to be rescinded just two weeks into the 30-day order which was issued Friday.

The most recent iteration of the moratorium, which will expire Oct. 3, allows for court proceedings but prevents law enforcement from carrying out an eviction. It also allows for evictions in health and safety circumstances, and for “uncovered persons,” which include those who refuse to fill out paperwork for assistance, who can’t prove loss of income from COVID-19 or who earn more than $99,000 individually or $198,000 as a joint-filing household.

The EO is here.

* Illinois Supreme Court…

The Illinois Supreme Court announced today an amendment to Order M.R. 30370 which extends the temporary stay on residential evictions through October 3, the same date that Gov. Pritzker’s moratorium is set to expire.

Amended Order M.R. 30370 is available on the Court website by clicking here.

The extension of the temporary stay through October 3 allows for more rental assistance to be distributed through the statewide Court-Based Rental Assistance Program (CBRAP) which was launched throughout Illinois on September 15. Under the CBRAP, litigants may qualify for up to 12 months of past due rent and 3 months of future rent to prevent eviction and homelessness.

The Illinois Judicial Conference’s Court Operations During COVID-19 Task Force (Task Force) recommended these amendments to the Court. The Court and the Illinois Judicial Conference created the Task Force in June 2020 to serve as a rapid response unit to address ongoing challenges to court operations caused by the pandemic. The Chair of the Task Force is J. Timothy Eaton, Partner at Taft Stettinius & Hollister LLP, and the Vice Chair is Chief Judge Eugene Doherty of the 17th Circuit.

- Posted by Rich Miller        

17 Comments
  1. - Honeybear - Tuesday, Sep 21, 21 @ 11:46 am:

    This is so going to cause incredible human suffering. Compound that with compassion fatigue and I really think we’re going to see some deaths from extreme cold this winter. We also need to remember that Warming Centers are closed because of Covid.
    People are going to become homeless and die.
    We had few resources before Covid.

    I’d like to point out that one of the biggest resources out there is the United Way Call Centers. They can direct folks to local resources.
    Simply call 211


  2. - Oyster Cracker - Tuesday, Sep 21, 21 @ 1:06 pm:

    - This is so going to cause incredible human suffering. -

    Oh please, most of those people should be on section 8. And at this point there is no reason for warming centers to be closed, vax up or freeze.


  3. - Oswego Willy - Tuesday, Sep 21, 21 @ 1:10 pm:

    === Oh please, most of those people should be on section 8. And at this point there is no reason for warming centers to be closed, vax up or freeze.===

    Tell them to eat cake while you’re at it.

    The lack of concern for people is noted.


  4. - Oyster Cracker - Tuesday, Sep 21, 21 @ 1:24 pm:

    So OW, a mandatory vax is ok to keep a job, but not to enter a warming center?


  5. - Oswego Willy - Tuesday, Sep 21, 21 @ 1:26 pm:

    ===a mandatory vax is ok to keep a job, but not to enter a warming center?==

    Are you discussing lifting the moratorium… but now concerned about vaccinations? That’s an odd take to health and safety.

    My position on vaccines has been and continues to be get everyone vaccinated. The issue is the moratorium here. Keep up.


  6. - Honeybear - Tuesday, Sep 21, 21 @ 2:05 pm:

    Oyster Cracker, simply not true. There are so many families out there that lost employment from the pandemic and are struggling. The average wait for a housing voucher in St.Clair county where my DHS office is is 3-5 years. Not to mention the shortage of units available.
    My office was a warming and cooling center pre covid. Now security tightly controls how many people can be in the building at one time. We can no longer fulfil our function of being a warming or cooling center.
    But there again I imagine you don’t care.
    Your callous privilege obviously prohibits you from understanding or acknowledging that immense human suffering is going to be visited on the poor disabled and elderly of illinois.


  7. - Mason born - Tuesday, Sep 21, 21 @ 2:21 pm:

    Honeybear

    When would you lift the moratorium?

    To my mind it needs to be lifted, we can’t keep it indefinitely as the strain on the landlords simply increases with time. We’ve got several federal and state programs to help these folks with rent in arrears if we wait those programs may end. We have a pretty robust demand for jobs which would seem to help these folks get back into the workforce. As for the weather, early fall seems better than winter but Summer worse. This seems like a Bandaid that we would have to tear off eventually.


  8. - Oswego Willy - Tuesday, Sep 21, 21 @ 2:54 pm:

    ===When would you lift the moratorium?===

    The strongest answer is when every dime of the assistance has been exhausted for both housing and businesses.

    It’s odd that monies have not been exhausted in assistance, especially for housing and the discussion to evictions is still going on.

    I’ll let - Honeybear - answer, but if I feel the same to the dangers, my rationale is due to the monies stalled.


  9. - fs - Tuesday, Sep 21, 21 @ 3:08 pm:

    == The strongest answer is when every dime of the assistance has been exhausted for both housing and businesses.==

    Every month you add on, is another month where tenants are led to believe they do not need to pay, and the government will just bail them out. Evictions do not happen overnight, there is a court process and judgment that must be entered first. If a judge feels a tenant should be granted extra time because they are waiting on relief money they’ve applied for, the judge can wait. In fact I believe a condition of a landlord applying for relief money is that they will not pursue an eviction while their application is pending. So this “we need to wait until the money has been distributed” is both illogical when considering the rules, and detrimental in the end to a tenant.


  10. - Oswego Willy - Tuesday, Sep 21, 21 @ 3:32 pm:

    ===In fact I believe a condition of a landlord applying for relief money is that they will not pursue an eviction while their application is pending. So this “we need to wait until the money has been distributed” is both illogical when considering the rules, and detrimental in the end to a tenant.===

    Then why have any relief at all?

    The process itself has been missing the following through. This pandemic has put a strain on both landlords and tenants but if the monies dedicated to help both are not in play as part of that real relief, even the moratorium won’t work to help both in that contract, landlord and tenant.

    Quicker response, faster applications and processing, it can’t be said that *won’t* help.


  11. - Donnie Elgin - Tuesday, Sep 21, 21 @ 3:40 pm:

    “This is so going to cause incredible human suffering”

    The moratorium on evictions already caused much suffering. Many landlords are small-time mom/pop real estate investors who use the rent to pay the mortgage and taxes with just a small profit margine. The moratorium has destroyed that dream and the ability to maintain decent affordable housing going forward. Many of these properties will have unpaid property taxes and will be sold to investors at large financial institutions not connected to the commuity.


  12. - Must win - Tuesday, Sep 21, 21 @ 5:53 pm:

    This is all a farce. You can physically evict a person who won’t leave. They order says no cops, do basically you still won’t be evicted.. Amirite???


  13. - Must win - Tuesday, Sep 21, 21 @ 5:53 pm:

    Cant physically evict


  14. - Just Me 2 - Tuesday, Sep 21, 21 @ 7:03 pm:

    the vast majority of evictions do not end in the person being homeless. They always end up moving in with friends or family. The purpose of the moratorium was to prevent people moving and spreading the virus. Its usefulness has long come to an end. If you can go to a bar, you can move.

    OW - you wanna’ keep the moratorium until all funds have been used. That will take years. What do you tell the small landlords who have been paying for all this in the meantime?


  15. - Oswego Willy - Tuesday, Sep 21, 21 @ 7:05 pm:

    ===That will take years.===

    Probably not.

    If half of what is being reported is true, the funds should have been dried up if they were allocated.


  16. - Oswego Willy - Tuesday, Sep 21, 21 @ 7:07 pm:

    === What do you tell the small landlords who have been paying for all this in the meantime?===

    Did they apply for assistance? Did their renters?

    I’d also ask how they are feeling, physically, since it’s still a pandemic and many have gotten sick, over 650,00+ have died.

    I’d start there.


  17. - Mr. Green Genes - Wednesday, Sep 22, 21 @ 1:06 pm:

    “ Many of these properties will have unpaid property taxes and will be sold to investors at large financial institutions not connected to the community.”

    You don’t understand how property tax sales work.

    Property tax sales sell the taxes, not the property. The vast majority of properties where the taxes get sold (over 90%)are redeemed by the original owners.
    The remainder are properties that are abandoned by the owners. If the owner abandons the property the buyer of the property taxes doesn’t instantly own the property. He or she must petition the court to get the property and then must also pay whatever new property taxes the property incurred. All this after waiting at least two years.

    The idea that someone would walk away from a quality rental income property worth hundreds of thousands of dollars over a few thousand dollars in property taxes is absurd.


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