On September 17, 2021, Governor J.B. Pritzker issued Executive Order 2021-23, which re-issued portions of the residential eviction moratorium contained in Executive Order 2021-13, as amended by Executive Order 2021-14 and Executive Order 2021-19, through October 3, 2021. Notably, Executive Order 2021-13 is rescinded in its entirety thereafter, meaning that the additional COVID-19 requirements for evictions (Declaration form, moratorium on enforcement of eviction orders, etc.) would no longer apply.
What is still required of community associations prior to initiating a residential eviction?
Landlords, owners of residential property, or other persons or entities with a legal right to pursue an eviction or possessory action, including community associations, are still required to provide tenants, lessees, sub-lessees, owners and/or residents with a Declaration form at least five (5) days prior to commencement of any residential eviction proceeding. This requirement remains in effect through October 3, 2021 and is rescinded thereafter.
What portions of the residential eviction moratorium are still in effect?
Illinois law enforcement officers are still prohibited from enforcing eviction orders for residential premises entered against “covered persons” (i.e. tenants, lessees, sub-lessees, owners and/or residents that executed a Declaration form declaring a COVID-19-related hardship), with the exception of persons found to pose a direct threat to the health and safety of other residents or a severe risk to the property. The prohibition on sheriff’s evictions of “covered persons” remains in effect through October 3, 2021 and is rescinded thereafter.
Will residential eviction cases be handled on an expedited basis after October 3, 2021 (similar to before the pandemic)?
This has yet to be determined. While the Governor’s orders related to the residential eviction moratorium officially expire on October 3, 2021, the Circuit Court of Cook County has yet to issue a general administrative order, or other guidance, on how residential eviction cases will proceed after October 3, 2021. Currently, all defendants in residential eviction cases have access to the Early Resolution Program, a program created by Cook County to provide free legal guidance for persons facing an eviction (“ERP”). In addition, residential eviction cases are automatically assigned to a master eviction court room and cases are not re-assigned to a trial judge until after each defendant has been (i) served; (ii) given an opportunity to meet with an ERP case manager; and (iii) given multiple opportunities to appear before the Judge. We anticipate that residential eviction cases will not proceed on an expedited basis until these procedures are updated or removed all together.
Executive Order 2021-13 can be found here.
Executive Order 2021-14 can be found here.
Executive Order 2021-19 can be found here.
LP is committed to keeping our community association clients updated, informed, and prepared to proactively navigate the COVID-19 pandemic. For questions about handling specific issues related to COVID-19 in your community association, please contact Howard Dakoff, Patricia O’Connor, Laura Marinelli, Adam Kahn, or Molly Mackey of LP’s Community Association Group.