Governor J.B. Pritzker’s administration extended a version of the statewide ban on residential evictions until January 9, 2021.
Here are a few immediate takeaways:
Landlords must give tenants an opportunity to demonstrate that they meet this four-part test. Specifically, landlords must provide a Declaration form to the resident or tenant at least five days prior to the notice of termination of tenancy. If the tenant can establish that he/she/they meet all four requirements of the Covered Person test, the eviction case will fail unless the “person poses a direct threat to the health and safety of other tenants or an immediate and severe risk to property.”
The Order defines “covered person” as any tenant, lessee, sub-lessee, or resident of a residential property who provides to their landlord, the owner of the residential property, or other person or entity with a legal right to pursue an eviction or possessory action, a Declaration under penalty of perjury indicating that:
- the individual either (i) expects to earn no more than $99,000 in annual income for Calendar Year 2020 (or no more than $198,000 if filing a joint tax return), (ii) was not required to report any income in 2019 to the U.S. Internal Revenue Service, or (iii) received an Economic Impact Payment pursuant to Section 2001 of the CARES Act;
- the individual is unable to make a full rent or housing payment due to a COVID-19 related hardship, including, but not limited to, substantial loss of income, loss of compensable hours of work or wages, or an increase in out-of-pocket expenses directly related to the COVID-19 pandemic;
- the individual is using best efforts to make timely partial payments that are as close to the full payment as the individual’s circumstances may permit, taking into account other Non-Discretionary Expenses; and
- eviction would likely render the individual homeless—or force the individual to move into and live in close quarters in a new congregate or shared living setting—because the individual has no other available housing options.
When will eviction resume in Illinois? January 9, 2021
Have you filled out, made a copy, and turned in your Declaration?
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