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Public Act 102-0005
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| HB2877 Enrolled | LRB102 16928 LNS 22342 b |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Article 5.
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Section 5-1. Short title. This Act may be cited as the |
COVID-19 Federal Emergency Rental Assistance Program Act.
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Section 5-5. Purposes and findings. The purpose of this |
Act is for the State to implement federal Coronavirus Relief |
Fund (CRF) assistance to renters administered by the U.S. |
Department of the Treasury, appropriated from the Consolidated |
Appropriations Act, 2021. |
International, national, State, and local governments and |
health authorities are responding to an outbreak of a disease |
caused by the novel Coronavirus referred to as COVID-19. |
African American and Latino households in the State are at |
disproportionate risk of exposure to and the contraction of |
COVID-19 and to economic effects of this pandemic. |
On March 9, 2020, the Governor issued a disaster |
declaration proclamation in this State because of the threat |
of COVID-19. |
On March 26, 2020, the President of the United States |
declared that a major disaster exists in the State and ordered |
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Federal assistance to supplement State, tribal, and local |
recovery efforts in the areas affected by the COVID-19 |
pandemic beginning on January 20, 2020 and continuing. |
Unpaid rent, late fees, and court costs are currently |
accruing against residential tenants and will be demanded by |
landlords after the expiration of the emergency period. |
To reduce the rental arrears throughout this State, all |
eligible residential landlords and tenants alike shall avail |
themselves of the Emergency Rental Assistance Program.
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The State deems it necessary to protect public health, |
life, and property during this declared state of emergency by |
protecting residential tenants, homeowners, and housing |
providers from certain evictions and other hardships during |
this public health and economic crisis.
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Section 5-10. Definitions. As used in this Act: |
"Administering State agency" means any agency or |
department of the State that is eligible to receive a direct |
federal allocation of federal Emergency Rental Assistance |
funds that will disburse funds and administer all or a portion |
of the Federal Emergency Rental Assistance Program. |
"Applicant" or "program applicant" means any person or |
entity who is a residential tenant or lessee or landlord or |
lessor that has submitted an application, individually or |
jointly, to receive federal Emergency Rental Assistance funds. |
"Eligible household" has the same meaning as used by the |
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federal law enacting the federal Emergency Rental Assistance |
program. |
"Program" means the federal Emergency Rental Assistance |
Program.
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Section 5-15. Federal Emergency Rental Assistance program. |
(a) Any department or agency of the State eligible to |
receive a direct federal allocation and charged with |
disbursing allocated funds and administering the federal |
program shall do so in accordance with federal and State law. |
(b) Consistent with federal law, any State agency |
administering this program shall create a process to provide |
rental assistance directly to eligible renters and to obviate |
or minimize the necessity of lessor or utility provider |
participation in submitting the application when the lessor or |
utility provider: (i) refuses to accept a direct payment; or |
(ii) fails to cooperate with an application for assistance. |
The administering State agency shall make payments to a lessor |
or utility provider on behalf of an eligible household with a |
statement indicating which eligible household the payment is |
being made for, except that, if the lessor or utility provider |
does not agree to accept such a payment from the administering |
State agency after the administering State agency has made |
contact with the lessor or utility provider, then the |
administering State agency may make such payments directly to |
the eligible household for the purpose of the eligible |
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household making payments to the lessor or utility provider. |
Notwithstanding the foregoing, nothing in this Act shall be |
construed to require a lessor or utility provider to accept |
funds from the program, whether paid directly by the |
administering State agency or by the eligible household. |
(c) Consistent with federal law, any State agency |
administering this program shall provide rental assistance in |
an amount based on stated need rather than on a flat or fixed |
amount. An eligible household's stated need may include, but |
is not limited to, the amount of arrears owed to a lessor, |
utility provider, or both, or future rental payments based on |
monthly rent. |
(d) Consistent with federal law, nothing in this Act shall |
be construed as precluding any administering State agency from |
capping or setting a limit on the amount of emergency rental |
payments made on behalf of any single household. The |
administering State agency may adopt additional eligibility |
criteria, application procedures, and program rules necessary |
to administer the program in conformity with the priorities |
and public policies expressed within this Act and federal law, |
as it may be amended. |
(e) Consistent with federal law prohibiting duplicative |
payments from other federal programs, an administering State |
agency shall not disqualify an eligible household from the |
program based on previous application for or receipt of other |
similar federal assistance for periods that are different than |
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that for which the program assistance is being provided under |
this Act. |
(f) Unless necessary to comply with applicable federal or |
State law, the administering State agency shall not, for |
purposes of determining program eligibility, require a fully |
executed written lease or any type of documentation relating |
to any household member's immigration status. The |
administering State agency may accept a demand for rent |
letter, ledger or statement containing the outstanding |
balance, termination notice, or other alternative form of |
documentation containing or showing the amount of rental or |
utility arrears owed.
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Section 5-20. Accessibility and transparency. |
(a) In addition to federal requirements, the administering |
State agency shall make publicly accessible by publishing on |
its website any important program information, including, but |
not limited to, the following: |
(1) program application forms for households and |
lessors, including any joint program application forms; |
(2) program eligibility requirements; |
(3) the administering State agency's procedures and |
processes for administering the program; |
(4) the administering State agency's procedures and |
communication methods for notifying program applicants of |
defective applications due to incompletion, errors, |
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missing information, or any other impediment; |
(5) the administering State agency's procedures and |
methods for applicants to remedy defective applications |
due to incompletion, errors, missing information, or any |
other impediment; and |
(6) any other important program information critical |
to applicants, including renters and lessors relating to |
the application requirements and process, eligibility |
determination, and disbursement of payment. |
(b) The administering State agency shall ensure that |
important program information, including the application and |
all marketing materials, is language accessible by publishing |
to its website the same in both English and Spanish.
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Section 5-25. Process for further prioritizing applicants |
for financial assistance and housing stability services. In |
addition to federal program eligibility and prioritization |
requirements, the administering State agency shall make best |
efforts to give further prioritization to an eligible |
household: (i) located within a disproportionately impacted |
area based on positive COVID-19 cases; (ii) that has a |
documented history of housing instability or homelessness; or |
(iii) that has a significant amount of rental arrears.
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Section 5-30. Required notifications and correspondence. |
The administering State agency shall ensure it communicates |
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clearly with an applicant about the application determination |
process, including acceptance, status of a pending |
application, and any reason for denying an application. |
(1) The administering State agency shall provide |
notice to an applicant upon finding that a submitted |
application is defective or should otherwise be considered |
ineligible, denied, or rejected. |
(2) The notice from the administering State agency |
shall explain the reason why an applicant's submitted |
application is defective or should otherwise be considered |
ineligible, denied, or rejected. |
(3) The notice shall contain the necessary |
information, process, accepted method, and deadline for |
the applicant to remedy any defective or deficient |
application, provided that remedy is possible. |
(4) All notice and correspondence required to be |
provided by the administering State agency shall be given |
promptly and without unnecessary delay to any applicant.
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Article 10.
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Section 10-5. The Code of Civil Procedure is amended by |
changing Section 9-121 and by adding Sections 9-121.5, 9-122, |
15-1513, and 15-1514 as follows:
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(735 ILCS 5/9-121) |
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Sec. 9-121. Sealing of court file. |
(a) Definition. As used in this Section, "court file"
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means the court file created when an eviction
action is filed |
with the court. |
(b) Discretionary sealing of court file. The court may
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order that a court file in an eviction action
be placed under |
seal if the court finds that the plaintiff's
action is |
sufficiently without a basis in fact or law, which
may include |
a lack of jurisdiction, that placing the court file
under seal |
is clearly in the interests of justice, and that
those |
interests are not outweighed by the public's interest in
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knowing about the record. |
(c) Mandatory sealing of court file. The court file |
relating to an eviction action brought against a tenant under |
Section 9-207.5 of this Code or as set forth in subdivision |
(h)(6) of Section 15-1701 of this Code shall be placed under |
seal. |
(d) This Section is operative on and after August 1, 2022.
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(Source: P.A. 100-173, eff. 1-1-18.)
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(735 ILCS 5/9-121.5 new) |
Sec. 9-121.5. Sealing of court file. |
(a) As used in this Section, "court file" means the court |
file created when an eviction action is filed with the court. |
(b) The court shall order the sealing of any court file in |
a residential eviction action if: |
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(1) the interests of justice in sealing the court file |
outweigh the public interest in maintaining a public |
record; |
(2) the parties to the eviction action agree to seal |
the court file; |
(3) there was no material violation of the terms of |
the tenancy by the tenant; or |
(4) the case was dismissed with or without prejudice. |
(c) The court file relating to an eviction action brought |
against a tenant under Section 9-207.5 of this Code or as set |
forth in subdivision (h)(6) of Section 15-1701 of this Code |
shall be placed under seal. |
(d) A sealed court file shall be made available only to the |
litigants in the case, their counsel or prospective counsel, |
and public employees responsible for processing the |
residential eviction action. |
(e) Upon motion and order of the court, a sealed court file |
may be made available for scholarly, educational, |
journalistic, or governmental purposes only, balancing the |
interests of the parties and the public in nondisclosure with |
the interests of the requesting party. Identifying information |
of the parties shall remain sealed, unless the court |
determines that release of the information is necessary to |
fulfill the purpose of the request and the interests of |
justice so dictate. Nothing in this subsection shall permit |
the release of a sealed court file or the information |
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contained therein for a commercial purpose. |
(f) Except as provided in subsections (d) and (e), any |
person who disseminates a court file sealed under this |
Section, or the information contained therein, for commercial |
purposes shall be liable for a civil penalty of $2,000, or |
twice the actual and consequential damages sustained, |
whichever is greater, as well as the costs of the action, |
including reasonable attorney's fees. |
(g) The Attorney General may enforce a violation of this |
Section as an unlawful practice under the Consumer Fraud and |
Deceptive Business Practices Act. All remedies, penalties, and |
authority granted to the Attorney General by the Consumer |
Fraud and Deceptive Business Practices Act shall be available |
to him or her for the enforcement of this Section. |
(h) Nothing in this Section prohibits a landlord from |
receiving a reference from a previous landlord of a |
prospective tenant. Nothing in this Section prohibits a |
landlord from providing a reference for a previous or current |
tenant to a prospective landlord of that tenant. |
(i) This Section is repealed on August 1, 2022.
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(735 ILCS 5/9-122 new) |
Sec. 9-122. COVID-19 emergency sealing of court file. |
(a) As used in this Section, "COVID-19 emergency and |
economic recovery period" means the period beginning on March |
9, 2020, when the Governor issued the first disaster |
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proclamation for the State to address the circumstances |
related to COVID-19, and ending on March 31, 2022. |
(b) The court file shall be sealed upon the commencement |
of any residential eviction action during the COVID-19 |
emergency and economic recovery period. If a residential |
eviction action filed during the COVID-19 emergency and |
economic recovery period is pending on the effective date of |
this Act and is not sealed, the court shall order the sealing |
of the court file. In accordance with Section 9-121.5, no |
sealed court file, sealed under this Section, shall be |
disseminated. |
(c) If the court enters a judgment in favor of the |
landlord, the court may also enter an order to unseal the court |
file under this Section. A court shall order the court file to |
be unsealed if: |
(1) the action is not based in whole or in part on the |
nonpayment of rent during the COVID-19 emergency and |
economic recovery period; and |
(2) The requirements of subsection (b) or (c) of |
Section 9-121.5 have not been met. |
(d) Subsections (d) through (h) of Section 9-121.5 shall |
also be applicable and incorporated into this Section.
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(735 ILCS 5/15-1513 new) |
Sec. 15-1513. Temporary COVID-19 stay of judicial sales, |
orders of possession. |
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(a) Notwithstanding Section 15-1507, no judicial |
foreclosure sale shall be held between the effective date of |
this Section and July 31, 2021. Any judicial foreclosure sale |
pending as of the effective date of this Section shall be |
cancelled and renoticed for a date after July 31, 2021. |
(b) Notwithstanding subsection (g) of Section 15-1508, no |
order of possession pursuant to a confirmation of judicial |
foreclosure sale shall be entered by a court, placed with a |
sheriff for execution, or executed by a sheriff until a date |
after July 31, 2021. |
(c) This Section applies to any action to foreclose a |
mortgage relating to (i) residential real estate as defined in |
Section 15-1219, and (ii) real estate improved with a dwelling |
structure containing dwelling units for 6 or fewer families |
living independently of each other in which the mortgagor is a |
natural person landlord renting the dwelling units, even if |
the mortgagor does not occupy any of the dwelling units as his |
or her personal residence.
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(735 ILCS 5/15-1514 new) |
Sec. 15-1514. Temporary COVID-19 stay of certain |
foreclosure proceedings and filings. |
(a) This Section applies to any action to foreclose a |
mortgage relating to (i) residential real estate as defined in |
Section 15-1219, and (ii) real estate improved with a dwelling |
structure containing dwelling units for 6 or fewer families |
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living independently of each other in which the mortgagor is a |
natural person landlord renting the dwelling units, even if |
the mortgagor does not occupy any of the dwelling units as his |
or her personal residence. |
(b) Any action to foreclose a mortgage pending on the |
effective date of this amendatory Act of the 102nd General |
Assembly, including actions filed on or before March 9, 2020, |
or commenced within 30 days of the effective date of this |
amendatory Act of the 102nd General Assembly, shall be stayed |
until May 1, 2021. |
(c) No court shall accept for filing any action to |
foreclose a mortgage before May 1, 2021. |
(d) All deadlines related to any pending foreclosure |
proceeding on the effective date of this Section, including |
the running of any redemption period, are tolled until May 1, |
2021. |
(e) If any clause, sentence, paragraph, subsection, or |
part of this Section shall be adjudged by any court of |
competent jurisdiction to be invalid and after exhaustion of |
all further judicial review, the judgment shall not affect, |
impair, or invalidate the remainder thereof, but shall be |
confined in its operation to the clause, sentence, paragraph, |
subsection, or part of this Section directly involved in the |
controversy in which the judgment shall have been rendered.
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Section 10-15. The Consumer Fraud and Deceptive Business |