Update: The Illinois Supreme Court has issued an order which appears ban the filing of evictions, until September 1, against persons who submit a signed Declaration that they were impacted by Covid.

We recommend that you consult with an experienced eviction attorney, as this situation is complicated and fluid.

The Governor has issued a new Executive Order related to evictions. Read it here.

Basically, it means the following:

  • Eviction orders issued prior to COVID may now be executed (meaning that the Sheriff is now authorized to remove residents from the unit).
  • Starting on June 25th, orders of possession entered against residents who fail to provide a declaration of COVID-related hardship can be enforced.

This new Executive Order does not lift the other provisions of the Eviction Moratorium, although the Governor’s office has indicated that they intend to lift the Moratorium in August.

This is a consequential step: it allows rent-related evictions for the first time in over a year. There will be a lot of attention paid to these cases, by the media, by advocacy groups and by public officials.

We know that eviction is a last resort. Housing providers want to keep good tenants, and they prefer to work out an arrangement rather than  go through a painful, expensive and protracted legal process.

Our recommendations:

  • Consider consulting an attorney before serving an eviction notice, to ensure that the process is handled cleanly and fairly.
  • Communicate your intentions clearly: state directly that the resident should contact you or your agent to discuss the situation.
  • Understand that this is an emotional event for the resident, and be prepared to discuss the situation calmly and compassionately. A negotiated settlement is almost always the best outcome.
  • If advocacy groups or the media contact you regarding the situation:
    • Reply respectfully that you cannot talk at that time.
    • Get complete contact information, and commit to getting back to the person.
    • Contact your NBOA team for assistance.
    • We will assist you handling the situation to minimize the risks of miscommunication or escalation.

Governor J.B. Pritzker announced this week that he will lift the moratorium on filing evictions for all tenants effective August 1. In other words, eviction orders once again can be filed beginning next month without the restrictions imposed by the Governor over the past year and a half.

Read his announcement here: www2.illinois.gov/Pages/news-item.aspx?ReleaseID=23570

A moratorium on the execution of orders of possession remains effective until the end of August, but beginning September 1, sheriff’s police can begin enforcing eviction orders. The Supreme Court will be issuing guidelines on how judges should handle those issues.

The day before the announcement, the Governor’s Office called NBOA’s Springfield lobbyist, Clint Sabin of Sphere PR Group, to brief him on the decision to lift the moratorium. The Governor’s team talked at length about the amazing financial sacrifices housing providers have made throughout this pandemic. The Governor’s office acknowledged that housing providers do not enjoy initiating evictions, but frequently use them as a tool to jump start negotiations. The Governor’s staff also spoke at length about the improving economy and employment situation, and the need for renters to start taking responsibility.

This frank briefing and discussion speaks well of our work on behalf of neighborhood housing providers. Clint Sabin, and the Sphere PR team, along with Joe Moore, have built strong and effective relationships, understanding that though there are no easy solutions to these complicated questions, there are still many opportunities for productive discussions.

P.S. As a reminder, the Chicago Eviction Protection Ordinance is valid 60 days after the State’s and Cook County Chief Judge’s moratoriums are rescinded. According to the timetable outlined by the Governor’s team, and assuming the Chief Judge follows the Governor’s lead, that ordinance will be in effect until early November.