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Governor’s eviction moratorium extension expands tenant
protections
Monday, March 8, 2021
Attorneys say some small landlords are being hit hard by
non-payment
Executive order 2021-05, issued on Friday, prevents landlords
from pursuing legal action in court against a tenant as long as
the tenant gives notice of their inability to pay, and the
tenant is not “a direct threat to the health and safety of other
tenants or an immediate and severe risk to property.”
Pritzker’s moratorium on residential evictions, first issued in
late March 2020, applies to renters who submit a declaration
saying they are unable to pay rent as a result of the pandemic
and would be rendered homeless if they were evicted. Eligible
renters must earn less than $99,000 annually if filing taxes as
a single person, or $198,000 if filing tax returns jointly.
The most recent order clarifies that renters can be protected
from eviction as long as they submit their declaration form,
even if they submit the form after their landlord began legal
action to evict them.
Previous executive orders on the eviction moratorium established
that law enforcement could not enforce a court order to evict
tenants if brought by a landlord, said Michael Steadman, a
Chicago attorney who represents landlords.
Steadman, a sole practitioner, said the new executive order
effectively extends the period of time in which renters can make
the written declaration, which is a form provided by the
Illinois Housing Development Authority.
“Whereas before, if (renters) didn't make the written
declaration before a landlord filed their eviction case, the
case could move forward, although the eviction couldn't. Now,
they can freeze the eviction case, even after the case is
filed,” Steadman said in a phone interview Monday. “It's a small
change. But it is an additional impediment, as far as landlords
moving eviction cases through the system and dealing with
non-paying tenants.”
Pritzker has renewed his eviction moratorium through several
executive orders since March order expired.
His executive order in November, which created the declaration
form, established that renters could be evicted if they were a
threat to the safety of other tenants or a risk to property.
Steadman, who works on Chicago’s southwest side, said some of
his clients who only own one or two buildings are struggling.
“I can assure you that there are tenants out there, and it's a
small minority of them and I don't know how small, who are
taking advantage of the situation, and are very much aware of my
clients’ limited ability to remedy the situation and get their
property back,” he said.
Phil Vacco, a sole practitioner and chairman of the Illinois
State Bar Association’s real estate law section, said the
eviction moratorium is a regular topic of discussion during the
organization’s meetings.
“An argument can be made that when it comes to protecting the
rights of tenants during the COVID crisis that the pendulum has
swung too far to one side, without providing any real assistance
for the property owner,” Vacco said in an interview. “While the
governor has stressed that the moratorium is not intended to act
as rent forgiveness... Even when the eviction moratorium is
lifted it may be difficult, if not impossible, for landlords to
collect what is due.”
In the meantime, Vacco said landlords are still obligated to pay
real estate taxes, insurance, maintenance fees and mortgages on
their property.
“Mom-and-pop landlords, who don't have the financial ability to
weather this storm, may find themselves forced out of business,
leaving more and more rental properties in the hands of a larger
corporations. In the long run this can make it more difficult
for tenants to negotiate lease terms.”
Capitol News Illinois is a nonprofit, nonpartisan
news service covering state government and distributed to more
than 400 newspapers statewide. It is funded primarily by the
Illinois Press Foundation and the Robert R. McCormick
Foundation.
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