Member Update: Eviction Moratorium & Stay at Home Advisories
Gov. Pritzker Extends and Amends Eviction Moratorium (Proof of COVID-19 Impact Now Required to Protect from Filing)
On Friday, November 13th Governor JB Pritzker issued Executive Order 2020-72, which extends the statewide eviction moratorium through December 12, 2020. The Order was amended to allow for the filing of evictions unless residents attest, under penalty of perjury, that they meet certain income requirements, are unable to make rent payment due to a COVID-19 related hardship, have made best efforts to make timely partial payments, and would likely become homeless if evicted. To be covered by the exemption, tenants are required to sign a declaration form issued by IHDA proving they meet the criteria. The new standards are similar to those included in the federal CDC moratorium, however the Governor’s EO still prohibits the execution of Orders of Possession. IHDA also issued a FAQ regarding this new moratorium carveout.
The Chicagoland Apartment Association and our industry partners have been advocating for narrowing the scope of the state eviction moratorium. Limiting the moratorium on filing eligibility to tenants who can document a negative impact from COVID-19 will make it easier for landlords to implement grace periods, waive late fees, and work out re-payment plans for those truly in need. It may deter renters who are taking advantage of the situation by refusing to pay rent although they have not been adversely impacted by the pandemic. We will provide more details as they become available. Consult your legal counsel for guidance.
Chicago and Cook County Issue Stay At Home Advisories
Chicago Mayor Lori Lightfoot and Cook County Board President Toni Preckwinkle released official advisories this week imploring residents to “Stay At Home” (see: Chicago Order & Cook County Order) Beginning Monday, November 16, 2020, all Chicago and Suburban Cook County residents should stay at home in response to the rapid rise of COVID-19 cases and hospitalizations. Residents are advised to only leave home to go to work or school, or for essential needs such as seeking medical care, going to the grocery store or pharmacy, picking up food, or receiving deliverables.
Of particular interest to apartment owners and managers is that “Residents are strongly advised to: a) Not have guests in their homes unless they are essential workers (e.g., home healthcare providers, childcare workers or educators); b) Cancel traditional Thanksgiving celebrations, and: c) Avoid travel. Section 4 titled “Increased Enforcement of Limits on Private Gatherings” states that gatherings within private residences cannot exceed six non-household members.