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* NBC 5…
Illinois Gov. JB Pritzker has quietly extended a statewide ban on residential evictions after many residents indicated they fear they could face homelessness in the coming months.
While there is already a Centers for Disease Control and Prevention health order banning all evictions nationwide through October, that ban only applies to areas with high COVID-19 transmission rates.
The recently extended statewide moratorium applies to all Illinois counties, even in areas reporting low transmission rates.
Tucked away in the Governor’s COVID-19 Executive Orders signed this past Friday, the residential eviction moratorium was extended through Sept. 18. A previous iteration of the moratorium lasted through Sept. 3.
Pritzker’s office did not respond to NBC 5 Responds’ questions about the moratorium extension.
* There was an addition in the new EO…
Executive Order 2021-13 (Residential eviction moratorium):
Sections 1, 4, 5, 7, and 8 Executive Order 2021-13, as amended by Executive Order 2021-14, are re-issued and extended through September 18, 2021.
Executive Order 2021-13 is further amended and revised as follows:
Section 9. Nothing in this Executive Order shall preclude a person or entity with a legal right to pursue an eviction or possessory action from challenging the truthfulness of a tenant’s, lessee’s, sub-lessee’s, or resident’s Declaration in court, as permitted by law and the applicable Court’s rules.
posted by Rich Miller
Wednesday, Aug 25, 21 @ 3:05 am
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And?????
While the moratorium prevents the enforcement of an eviction order, property owners and landlords can still file for eviction in court or challenge a tenant’s written declaration that they fell behind in rent due to COVID-19. But, the moratorium prevents final trials and judgments from taking place in those types of hearings.
Comment by Junoer Wednesday, Aug 25, 21 @ 6:33 am
At some point a landlord will win in federal court under the contracts clause of the U.S. Constitution. The constitution can’t be suspended forever.
Comment by Contracts Guy Wednesday, Aug 25, 21 @ 8:27 am
That additional language just reflects a recent US Supreme Court decision.
Nobody gets thrown out immediately. That’s not how the eviction process works, and practically speaking nobody is going to be forced to move in Chicago over the winter time. Unless Sheriff Dart, who has that responsibility, wants to wear that jacket.
The only thing this does is make a tenants debt larger, push small landlords further towards foreclosure, a pending housing crisis more likely. But I guess Pritzker considers making his far left base happy is more important. What he doesn’t seem to realize is that many of those groups won’t be happy unless rent is “cancelled” completely, which he can’t legally do.
In the end, taxpayers are going to end up with a massive tab. Not all landlords who are going to be owed money are going to be paid by current relief money, and the smart ones will have lawsuits tee’d up for reimbursement from the State.
Comment by fs Wednesday, Aug 25, 21 @ 9:37 am
Report today shows only 11% of the funds in $46 billion federal Emergency Rental Assistance Program has been distributed. Maybe Pritzker should work with the Feds to get this money distributed.
Comment by Helping Hand Wednesday, Aug 25, 21 @ 10:23 am
This just raises rents on those who are paying, as the property owner needs to generate money from somewhere.
Comment by Just Me 2 Wednesday, Aug 25, 21 @ 10:44 am
Just Me, if the renter has a lease their rent can’t be raised until the lease is up. It’s a renter’s market at the moment and if there’s a lot of empty apartments when this is over, it will be more of a renter’s market.
Comment by Cheryl44 Wednesday, Aug 25, 21 @ 11:36 am
I’d like to get that renters assistance thing working from the feds. Landlords, especially small landlords (
Comment by cermak_rd Wednesday, Aug 25, 21 @ 11:40 am
“ At some point a landlord will win in federal court under the contracts clause of the U.S. Constitution. The constitution can’t be suspended forever.”
This isn’t a violation of the contract clause, so win what? The contract between the landlord and the tenant is still viable. The tenant is still obligated to pay the rent and the back rent. The landlord can take the tenant to court, and garnish his/her wages if possible. Hopefully the money from the Emergency Rental and Utility Assistance program that was to go to pay back rent will get into the landlord’s pocket soon.
Comment by Mr. Green Genes Wednesday, Aug 25, 21 @ 12:09 pm
== This isn’t a violation of the contract clause, so win what? The contract between the landlord and the tenant is still viable. The tenant is still obligated to pay the rent and the back rent. ==
Almost all residential leases are 12 months. We are well beyond 12 months of this moratorium, meaning the State has, by mandate, altered the terms of the lease and denied property owners due process and seized control of property without just compensation. Those are absolutely winnable constitutional issues, and they are issues that the State will find themselves fighting long after this moratorium finally ends.
Comment by fs Wednesday, Aug 25, 21 @ 12:39 pm
I don’t see how anyone can get away with violating anyone’s constitutional rights today…what with every other person being a constitutional scholar.
Comment by Dotnonymous Wednesday, Aug 25, 21 @ 1:30 pm
Unfortunately, all tenants are not using the COVID funds to pay necessary bills, including rent, and consider it a free pass. I’ve seen this happening, and tenants are laughing about it.
Comment by Sal Wednesday, Aug 25, 21 @ 3:45 pm
“ Unfortunately, all tenants are not using the COVID funds to pay necessary bills, including rent, and consider it a free pass. I’ve seen this happening, and tenants are laughing about it.”
So you’ve seen them laughing. Friends of yours?
It’s not so funny when you can be sued for the money. If you sign a contract the landlord can sue you for what you owe.
Comment by Mr. Green Genes Wednesday, Aug 25, 21 @ 4:01 pm
===Unfortunately, all tenants are not using the COVID funds to pay necessary bills, including rent===
The money goes directly to landlords.
Comment by Rich Miller Wednesday, Aug 25, 21 @ 4:02 pm
Low income housing and small landlords are really being hurt by this. The real estate tax bills keep coming though.
Comment by Southwest Sider Wednesday, Aug 25, 21 @ 8:08 pm