Illinois Eviction Moratorium Update
New Executive Order 2021-01
Dated: January 8, 2021
Executive Order 2020-72 (Residential eviction moratorium):
Executive Order 2020-72, as amended by Executive Order 2020-74, is re-issued in its entirety and extended through February 6, 2021.
Executive Order 2020-72 is further amended and revised as follows: (from Executive Order 2020-74)
Section 7 6. A person or entity may not commence a residential eviction action pursuant to or arising under 735 ILCS 5/9-101 et seq. against a tenant who does not owe rent unless the tenant poses a direct threat to the health and safety of other tenants or an immediate and severe risk to property. A tenant shall not be required to provide a Declaration if they are covered by this section. Parenthetical comment added.
Executive Order 2020-72
As of November 13, 2020, your Landlord can proceed in a residential eviction UNLESS you are considered a "Covered Person".
A "Covered Person" is any tenant, lessee, sub-lessee, or resident of a residential property that:
- 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), or (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; AND
- 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; AND
- 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.
However, a landlord can commence a residential eviction action against a Covered Person if they pose a direct threat to the health and safety of other tenants or an immediate and severe risk to property.
The Covered Person must make a Declaration under penalty of perjury indicating such. See the attached declaration (pdf).
*** Your landlord MUST provide this declaration to you before commencing an eviction including before the issuance of a notice to terminate the tenancy. ***