Rep. Delia C. Ramirez
Filed: 1/8/2021
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1 | AMENDMENT TO SENATE BILL 3066
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2 | AMENDMENT NO. ______. Amend Senate Bill 3066 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Article 5. | ||||||
5 | "Section 5-1. Short title. This Act may be cited as the | ||||||
6 | COVID-19 Federal Emergency Rental Assistance Program Act. | ||||||
7 | Section 5-5. Purposes and findings. The purpose of this Act | ||||||
8 | is for the State to implement federal Coronavirus Relief Fund | ||||||
9 | (CRF) assistance to renters administered by the U.S. Department | ||||||
10 | of the Treasury, appropriated from the Consolidated | ||||||
11 | Appropriations Act, 2021. | ||||||
12 | International, national, State, and local governments and | ||||||
13 | health authorities are responding to an outbreak of a disease | ||||||
14 | caused by the novel Coronavirus referred to as COVID-19. | ||||||
15 | African American and Latino households in the State are at |
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1 | disproportionate risk of exposure to and the contraction of | ||||||
2 | COVID-19 and to economic effects of this pandemic. | ||||||
3 | On March 9, 2020, the Governor issued a disaster | ||||||
4 | declaration proclamation in this State because of the threat of | ||||||
5 | COVID-19. | ||||||
6 | On March 26, 2020, the President of the United States | ||||||
7 | declared that a major disaster exists in the State and ordered | ||||||
8 | Federal assistance to supplement State, tribal, and local | ||||||
9 | recovery efforts in the areas affected by the COVID-19 pandemic | ||||||
10 | beginning on January 20, 2020 and continuing. | ||||||
11 | During this emergency and in the interest of protecting the | ||||||
12 | public health and preventing transmission of COVID-19, it is | ||||||
13 | essential to avoid unnecessary housing displacement to prevent | ||||||
14 | housed individuals from falling into homelessness. | ||||||
15 | Unpaid rent, late fees, and court costs are currently | ||||||
16 | accruing against residential tenants and will be demanded by | ||||||
17 | landlords after the expiration of the emergency period. | ||||||
18 | To reduce the rental arrears throughout this State, all | ||||||
19 | eligible residential landlords and tenants alike shall avail | ||||||
20 | themselves of the Emergency Rental Assistance Program.
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21 | The State deems it necessary to protect public health, | ||||||
22 | life, and property during this declared state of emergency by | ||||||
23 | protecting residential tenants from certain evictions and | ||||||
24 | other hardships during this public health and economic crisis. | ||||||
25 | Section 5-10. Definitions. As used in this Act: |
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1 | "Administering State agency" means any agency or | ||||||
2 | department of the State that is eligible to receive a direct | ||||||
3 | federal allocation of federal Emergency Rental Assistance | ||||||
4 | funds that will disburse and administer the Federal Emergency | ||||||
5 | Rental Assistance Program. | ||||||
6 | "Applicant" or "program applicant" means any person or | ||||||
7 | entity who is a residential tenant or lessee or landlord or | ||||||
8 | lessor that has submitted an application, individually or | ||||||
9 | jointly, to receive federal Emergency Rental Assistance funds. | ||||||
10 | "Eligible household" has the same meaning as used by the | ||||||
11 | federal law enacting the federal Emergency Rental Assistance | ||||||
12 | program. | ||||||
13 | "Program" means the federal Emergency Rental Assistance | ||||||
14 | Program. | ||||||
15 | "Recipient" or "program recipient" means any person or | ||||||
16 | entity that is a residential tenant or lessee, landlord or | ||||||
17 | lessor, or utility provider that had a successful application, | ||||||
18 | in that the administering State agency disbursed funds either: | ||||||
19 | (i) on behalf of a residential tenant directly to the landlord | ||||||
20 | or utility provider; or (ii) directly to the residential | ||||||
21 | tenant. | ||||||
22 | Section 5-15. Federal Emergency Rental Assistance program. | ||||||
23 | (a) Any department or agency of the State eligible to | ||||||
24 | receive a direct federal allocation and charged with disbursing | ||||||
25 | allocated funds and administering the federal program shall do |
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1 | so in accordance with federal and State law. | ||||||
2 | (b) Consistent with federal law, any State agency | ||||||
3 | administering this program shall create a process to provide | ||||||
4 | rental assistance directly to eligible renters and to obviate | ||||||
5 | or minimize the necessity of lessor or utility provider | ||||||
6 | participation in submitting the application when the lessor or | ||||||
7 | utility provider: (i) refuses to accept a direct payment; or | ||||||
8 | (ii) fails to complete an application for assistance. | ||||||
9 | (c) Consistent with federal law, any State agency | ||||||
10 | administering this program shall provide program recipients | ||||||
11 | with relief payments in an amount based on stated need rather | ||||||
12 | than on a flat or fixed amount. An eligible household's stated | ||||||
13 | need may include, but is not limited to, the amount of arrears | ||||||
14 | owed to a lessor, utility provider, or both, or future rental | ||||||
15 | payments based on monthly rent. | ||||||
16 | (d) Consistent with federal law, nothing in this Act shall | ||||||
17 | be construed as precluding the administering State agency from | ||||||
18 | capping or setting a limit on the amount of emergency rental | ||||||
19 | payments made on behalf of any single household. The | ||||||
20 | administering State agency may adopt additional eligibility | ||||||
21 | criteria, application procedures, and program rules necessary | ||||||
22 | to administer the program in conformity with the priorities and | ||||||
23 | public policies expressed within this Act. | ||||||
24 | (e) Consistent with federal law, the administering State | ||||||
25 | agency shall not disqualify an eligible household based on | ||||||
26 | application for or receipt of other permissible assistance. |
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1 | (f) Notwithstanding any federal or State law to the | ||||||
2 | contrary, the administering State agency shall not, for | ||||||
3 | purposes of determining program eligibility, require a written | ||||||
4 | lease or any type of documentation relating to any household | ||||||
5 | member's immigration status. The administering State agency | ||||||
6 | may accept a demand for rent letter, ledger or statement | ||||||
7 | containing the outstanding balance, termination notice, or | ||||||
8 | other alternative form of documentation containing or showing | ||||||
9 | the amount of rental or utility arrears owed. | ||||||
10 | (g) A landlord, lessor, or utility provider that accepts | ||||||
11 | Emergency Rental Assistance payments from the administering | ||||||
12 | State agency or tenant pursuant to this program inherently | ||||||
13 | agrees to: (i) waive any and all late fees, charges, | ||||||
14 | assessments, or other costs incurred as a result of rental or | ||||||
15 | utility arrears, or both; (ii) forgo termination of a tenancy | ||||||
16 | pursuant to Section 9-207 of the Code of Civil Procedure for | ||||||
17 | the period covered by the amount of the Emergency Rental | ||||||
18 | Assistance payment; and (iii) abstain from initiating or | ||||||
19 | proceeding a pending eviction action except for a future breach | ||||||
20 | of the lease. | ||||||
21 | Section 5-20. Accessibility and transparency. | ||||||
22 | (a) In addition to federal requirements, the administering | ||||||
23 | State agency shall make publicly accessible by publishing on | ||||||
24 | its website any important program information, including, but | ||||||
25 | not limited to, the following: |
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1 | (1) program application forms for households, lessors, | ||||||
2 | and utility providers, including any joint program | ||||||
3 | application forms; | ||||||
4 | (2) program eligibility requirements; | ||||||
5 | (3) the administering State agency's procedures and | ||||||
6 | processes for administering the program; | ||||||
7 | (4) the administering State agency's procedures and | ||||||
8 | communication methods for notifying program applicants of | ||||||
9 | defective applications due to incompletion, errors, | ||||||
10 | missing information, or any other impediment; | ||||||
11 | (5) the administering State agency's procedures and | ||||||
12 | methods for applicants to remedy defective applications | ||||||
13 | due to incompletion, errors, missing information, or any | ||||||
14 | other impediment; | ||||||
15 | (6) all program information and all program data that | ||||||
16 | the administering State agency must report to the federal | ||||||
17 | government pursuant to the federal law, including | ||||||
18 | quarterly reports; and | ||||||
19 | (7) any other important program information critical | ||||||
20 | to applicants, including renters, lessors, and utility | ||||||
21 | providers, relating to the application requirements and | ||||||
22 | process, eligibility determination, and disbursement of | ||||||
23 | payment. | ||||||
24 | (b) The administering State agency shall ensure that | ||||||
25 | important program information, including the application and | ||||||
26 | all marketing materials, is language accessible by publishing |
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1 | to its website the same in both English and Spanish. | ||||||
2 | Section 5-25. Process for further prioritizing applicants | ||||||
3 | for financial assistance and housing stability services. In | ||||||
4 | addition to federal program eligibility and prioritization | ||||||
5 | requirements, the administering State agency shall give | ||||||
6 | further prioritization to an eligible household: (i) located | ||||||
7 | within a disproportionately impacted area based on positive | ||||||
8 | COVID-19 cases; (ii) that has a documented history of housing | ||||||
9 | instability or homelessness; or (iii) that has a significant | ||||||
10 | amount of rental arrears. | ||||||
11 | Section 5-30. Required notifications and correspondence. | ||||||
12 | The administering State agency shall ensure it communicates | ||||||
13 | clearly with an applicant about the application determination | ||||||
14 | process, including acceptance, status of a pending | ||||||
15 | application, and any reason for denying an application. | ||||||
16 | (1) The administering State agency shall provide | ||||||
17 | notice to an applicant upon finding that a submitted | ||||||
18 | application is defective or should otherwise be considered | ||||||
19 | ineligible, denied, or rejected. | ||||||
20 | (2) The notice from the administering State agency | ||||||
21 | shall explain the reason why an applicant's submitted | ||||||
22 | application is defective or should otherwise be considered | ||||||
23 | ineligible, denied, or rejected. | ||||||
24 | (3) The notice shall contain the necessary |
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1 | information, process, accepted method, and deadline for | ||||||
2 | the applicant to remedy any defective or deficient | ||||||
3 | application, provided that remedy is possible. | ||||||
4 | (4) All notice and correspondence required to be | ||||||
5 | provided by the administering State agency shall be given | ||||||
6 | promptly and without unnecessary delay to any applicant.
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7 | Article 10. | ||||||
8 | Section 10-5. The Code of Civil Procedure is amended by | ||||||
9 | changing Section 9-121 and by adding Sections 9-122, 9-123, | ||||||
10 | 9-124, 9-125, and 15-1513 as follows: | ||||||
11 | (735 ILCS 5/9-121) | ||||||
12 | Sec. 9-121. Sealing of court file. | ||||||
13 | (a) Definition. As used in this Section, "court file"
means | ||||||
14 | the court file created when an eviction
action is filed with | ||||||
15 | the court. | ||||||
16 | (b) The court shall order the sealing of any court file in | ||||||
17 | a residential eviction action if: | ||||||
18 | (1) the interests of justice in sealing the court file | ||||||
19 | outweigh the public interest in maintaining a public | ||||||
20 | record; | ||||||
21 | (2) the parties to the eviction action agree to seal | ||||||
22 | the court file; | ||||||
23 | (3) there was no material violation of the terms of the |
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1 | tenancy by the tenant; or | ||||||
2 | (4) the case was dismissed with or without prejudice. | ||||||
3 | Discretionary sealing of court file. The court may
order | ||||||
4 | that a court file in an eviction action
be placed under | ||||||
5 | seal if the court finds that the plaintiff's
action is | ||||||
6 | sufficiently without a basis in fact or law, which
may | ||||||
7 | include a lack of jurisdiction, that placing the court file
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8 | under seal is clearly in the interests of justice, and that
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9 | those interests are not outweighed by the public's interest | ||||||
10 | in
knowing about the record. | ||||||
11 | (c) Mandatory sealing of court file. The court file | ||||||
12 | relating to an eviction action brought against a tenant under | ||||||
13 | Section 9-207.5 of this Code or as set forth in subdivision | ||||||
14 | (h)(6) of Section 15-1701 of this Code shall be placed under | ||||||
15 | seal.
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16 | (d) A sealed court file shall be made available only to the | ||||||
17 | litigants in the case, their counsel or prospective counsel, | ||||||
18 | and public employees responsible for processing the | ||||||
19 | residential eviction action. | ||||||
20 | (e) Upon motion and order of the court, a sealed court file | ||||||
21 | may be made available for scholarly, educational, | ||||||
22 | journalistic, or governmental purposes only, balancing the | ||||||
23 | interests of the parties and the public in nondisclosure with | ||||||
24 | the interests of the requesting party. Identifying information | ||||||
25 | of the parties shall remain sealed, unless the court determines | ||||||
26 | that release of the information is necessary to fulfill the |
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1 | purpose of the request and the interests of justice so dictate. | ||||||
2 | Nothing in this subsection shall permit the release of a sealed | ||||||
3 | court file or the information contained therein for a | ||||||
4 | commercial purpose. | ||||||
5 | (f) Except as provided in subsections (c) and (d), any | ||||||
6 | person who disseminates a court file sealed under this Section, | ||||||
7 | or the information contained therein, for commercial purposes | ||||||
8 | shall be liable for a civil penalty of $2,000, or twice the | ||||||
9 | actual and consequential damages sustained, whichever is | ||||||
10 | greater, as well as the costs of the action, including | ||||||
11 | reasonable attorney's fees. | ||||||
12 | (g) The Attorney General may enforce a violation of this | ||||||
13 | Section as an unlawful practice under the Consumer Fraud and | ||||||
14 | Deceptive Business Practices Act. All remedies, penalties, and | ||||||
15 | authority granted to the Attorney General by the Consumer Fraud | ||||||
16 | and Deceptive Business Practices Act shall be available to him | ||||||
17 | or her for the enforcement of this Section. | ||||||
18 | (Source: P.A. 100-173, eff. 1-1-18 .) | ||||||
19 | (735 ILCS 5/9-122 new) | ||||||
20 | Sec. 9-122. COVID-19 emergency sealing of court file. | ||||||
21 | (a) As used in this Section, "COVID-19 emergency and | ||||||
22 | economic recovery period" means the period beginning on March | ||||||
23 | 9, 2020, when the Governor issued the first disaster | ||||||
24 | proclamation for the State to address the circumstances related | ||||||
25 | to COVID-19, and ending on September 30, 2022. |
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1 | (b) The court file shall be sealed upon the commencement of | ||||||
2 | any residential eviction action during the COVID-19 emergency | ||||||
3 | and economic recovery period. If a residential eviction action | ||||||
4 | filed during the COVID-19 emergency and economic recovery | ||||||
5 | period is pending on the effective date of this Act and is not | ||||||
6 | sealed, the court shall order the sealing of the court file. In | ||||||
7 | accordance with Section 9-121, no sealed court file, sealed | ||||||
8 | under this Section, shall be disseminated. | ||||||
9 | (735 ILCS 5/9-123 new) | ||||||
10 | Sec. 9-123. Temporary COVID-19 moratorium on certain | ||||||
11 | residential evictions. | ||||||
12 | (a) As used in this Section: | ||||||
13 | "Covered person" means any tenant, lessee, sublessee, or | ||||||
14 | resident of a residential property who provides to his or her | ||||||
15 | landlord, the owner of the residential property, or other | ||||||
16 | person or entity with a legal right to pursue an eviction or | ||||||
17 | possessory action, a declaration under penalty of perjury | ||||||
18 | indicating that: | ||||||
19 | (1) the individual either: (i) expects to earn no more | ||||||
20 | than $99,000, or no more than $198,000 if filing a joint | ||||||
21 | tax return, in annual income for Calendar Year 2020 or | ||||||
22 | 2021; (ii) was not required to report any income in 2019 or | ||||||
23 | 2020 to the U.S. Internal Revenue Service; or (iii) | ||||||
24 | received an Economic Impact Payment pursuant to Section | ||||||
25 | 2001 of the CARES Act or the Coronavirus Response and |
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1 | Relief Supplemental Appropriations Act of 2021; | ||||||
2 | (2) the individual is unable to make a full rent or | ||||||
3 | housing payment due to a COVID-19 related hardship; | ||||||
4 | (3) the individual is using his or her best efforts to | ||||||
5 | make timely partial payments that are as close to the full | ||||||
6 | payment as the individual's circumstances may permit, | ||||||
7 | taking into account other nondiscretionary expenses; and | ||||||
8 | (4) eviction would likely render the individual | ||||||
9 | homeless or force the individual to move into and live in | ||||||
10 | close quarters in a new congregate or shared living setting | ||||||
11 | because the individual has no other available housing | ||||||
12 | options. | ||||||
13 | "COVID-19 related financial hardship" means any negative | ||||||
14 | financial impact on an individual or household because of | ||||||
15 | COVID-19 and associated governmental orders, including: loss | ||||||
16 | of income, furlough, hour reduction or other interruption to | ||||||
17 | employment due to workplace, school, and other facility | ||||||
18 | closures; or increased household, child care, health care, or | ||||||
19 | other expenses. | ||||||
20 | "Declaration", "COVID-19 hardship declaration", or | ||||||
21 | "COVID-19 declaration" means the form declaration made | ||||||
22 | available by the Illinois Housing Development Authority, or a | ||||||
23 | similar declaration under penalty of perjury, that tenants of | ||||||
24 | residential properties who are covered by this Section may use | ||||||
25 | to invoke the protections of this Section. | ||||||
26 | "Dwelling unit" means a building, structure, or part of a |
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1 | building or structure or land appurtenant to a building or, a | ||||||
2 | unit or lot of a manufactured home as defined in Section 3 of | ||||||
3 | the Mobile Home Landlord and Tenant Rights Act, or other | ||||||
4 | residential real estate used or held out for human habitation, | ||||||
5 | together with all common areas and storage areas held out for | ||||||
6 | use by the resident. | ||||||
7 | "Eviction" or "to evict" means using any judicial or | ||||||
8 | nonjudicial means to involuntarily remove a residential tenant | ||||||
9 | from a dwelling unit, including, but not limited to: | ||||||
10 | (1) issuing an eviction notice or other notice to | ||||||
11 | terminate a tenancy; | ||||||
12 | (2) filing, serving, or other otherwise initiating a | ||||||
13 | judicial eviction action; | ||||||
14 | (3) prosecuting a pending eviction action, other than | ||||||
15 | as necessary to request a continuance or suspension of the | ||||||
16 | matter or to comply with an order of the tribunal; or | ||||||
17 | (4) seeking or causing any order for the physical | ||||||
18 | eviction of a residential tenant to be executed. | ||||||
19 | "Eviction order" or "order of eviction" means any order | ||||||
20 | entered in an eviction that directs or authorizes the removal | ||||||
21 | of a residential tenant from a dwelling unit. "Eviction order" | ||||||
22 | or "order of eviction" does not include an order entered to | ||||||
23 | remove a resident who is the perpetrator of violence in order | ||||||
24 | to protect another resident or tenant from domestic violence, | ||||||
25 | sexual violence, dating violence, or stalking. "Eviction | ||||||
26 | order" or "order of eviction" does not include an order |
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1 | restoring a resident to possession of the dwelling unit. | ||||||
2 | "Eviction notice" means any notice directing a residential | ||||||
3 | tenant to vacate the dwelling unit or premises or otherwise | ||||||
4 | purporting to terminate a tenancy. | ||||||
5 | "Landlord" means an owner of record, agent, lessor, | ||||||
6 | sublessor, court-appointed receiver or master, mortgagee in | ||||||
7 | possession, or the successor in interest of any of them of a | ||||||
8 | dwelling unit or the building of which it is a part and any | ||||||
9 | person authorized to exercise any aspect of the management of | ||||||
10 | the premises. "Landlord" includes any person who directly or | ||||||
11 | indirectly receives rents and has no obligation to deliver the | ||||||
12 | whole of the receipts to another person. "Landlord" also | ||||||
13 | includes the owner of a mobile home park. | ||||||
14 | "Nondiscretionary expenses" include, but are not limited | ||||||
15 | to, food, utilities, phone and internet access, school | ||||||
16 | supplies, cold-weather clothing, medical expenses, childcare, | ||||||
17 | and transportation costs, including car payments and | ||||||
18 | insurance. | ||||||
19 | "Premises" means the dwelling unit and the building or | ||||||
20 | structure of which it is a part, facilities and appurtenances | ||||||
21 | therein, and grounds, areas, and facilities held out for the | ||||||
22 | use of residents. | ||||||
23 | "Rental agreement" means every letting or lease, whether by | ||||||
24 | written or verbal agreement, of a dwelling unit or small | ||||||
25 | business commercial premises. | ||||||
26 | "Residential eviction action" means any judicial or |
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1 | administrative proceeding that seeks recovery of possession of | ||||||
2 | a residential dwelling unit from a tenant, lessee, sublessee, | ||||||
3 | or resident. | ||||||
4 | "Residential tenant" or "tenant" means a person entitled by | ||||||
5 | written or verbal agreement, subtenancy approved by the | ||||||
6 | landlord, or by sufferance to occupy a dwelling unit to the | ||||||
7 | exclusion of others. "Residential tenant" or "tenant" includes | ||||||
8 | persons referred to as a lessee, sublessee, and members of a | ||||||
9 | tenant's household occupying the dwelling unit. | ||||||
10 | (b) A landlord or lessor may not commence a residential | ||||||
11 | eviction action pursuant to or arising under this Article | ||||||
12 | against a covered person, as defined in this Section, unless: | ||||||
13 | (1) the landlord or lessor pleads with specificity that | ||||||
14 | the person poses a direct threat to the health and safety | ||||||
15 | of other tenants or an immediate and severe risk to | ||||||
16 | property; and | ||||||
17 | (2) the landlord or lessor certifies that he or she: | ||||||
18 | (i) provided each tenant or other person a | ||||||
19 | COVID-19 Hardship declaration at least 5 days prior to | ||||||
20 | commencement of the residential eviction action | ||||||
21 | including, but not limited to, at least 5 days prior to | ||||||
22 | the issuance of a notice of termination of tenancy; and | ||||||
23 | (ii) has not received an executed declaration form | ||||||
24 | from the tenant declaring that he or she is a covered | ||||||
25 | person. Service of the declaration shall be in | ||||||
26 | conformity with the requirements of Section 9-211. |
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1 | (c) A landlord or lessor may not commence a residential | ||||||
2 | eviction action pursuant to or arising under this Article | ||||||
3 | against any tenant, lessee, sublessee, or resident who does not | ||||||
4 | owe rent unless the landlord or lessor pleads with specificity | ||||||
5 | that the person poses a direct threat to the health and safety | ||||||
6 | of other tenants or an immediate and severe risk to property. A | ||||||
7 | tenant shall not be required to provide a declaration if he or | ||||||
8 | she is covered by this Section. | ||||||
9 | (d) If upon review the court determines that the landlord | ||||||
10 | or lessor fails to meet the requirements set forth in either | ||||||
11 | subsection (b) or (c), the court shall issue an order | ||||||
12 | dismissing the action, without prejudice, and sealing the | ||||||
13 | record if not previously sealed by the court. If the court | ||||||
14 | finds that a landlord or its attorney knowingly filed an action | ||||||
15 | contrary to this Section, the court, in its discretion, may | ||||||
16 | order the case dismissed with prejudice and award attorney's | ||||||
17 | fees, if any, to the tenant. | ||||||
18 | (e) If, upon review, the court determines that the landlord | ||||||
19 | or lessor properly meets the requirements of either subsection | ||||||
20 | (b) or (c), whichever is applicable, the matter may proceed. | ||||||
21 | (f) The tenant may serve a completed COVID-19 hardship | ||||||
22 | declaration on a landlord or lessor after the commencement of a | ||||||
23 | residential eviction action pursuant to or arising under this | ||||||
24 | Article. If the tenant serves the completed declaration on the | ||||||
25 | landlord or lessor after the landlord has filed the action, the | ||||||
26 | Court shall stay the eviction proceeding until this Section |
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1 | becomes inoperative. | ||||||
2 | (g) A landlord shall not file an action based on an | ||||||
3 | allegation of direct threat to health and safety unless the | ||||||
4 | landlord has previously served the tenant with a notice to quit | ||||||
5 | pursuant to Section 9-210. If a landlord files an eviction | ||||||
6 | action based on allegations of direct threat to health and | ||||||
7 | safety, the landlord may file a single count complaint for | ||||||
8 | possession only and shall not join with it a claim for rent | ||||||
9 | pursuant to Section 9-106. This Section does not affect the | ||||||
10 | landlord's ability to claim past due rent in a separate civil | ||||||
11 | action. | ||||||
12 | (h) When the landlord or lessor provides each tenant with a | ||||||
13 | declaration, the landlord or lessor shall also serve the plain | ||||||
14 | language cover sheet prepared by the Illinois Housing | ||||||
15 | Development Authority. If the landlord or lessor knows that the | ||||||
16 | tenant primarily communicates in a language other than English, | ||||||
17 | the landlord shall serve a version of the form declaration and | ||||||
18 | plain language cover sheet in the language primarily used by | ||||||
19 | the household. The Illinois Housing Development Authority | ||||||
20 | shall prepare and make available on its website the form | ||||||
21 | declaration and plain language cover sheet in English and | ||||||
22 | Spanish through at least October 1, 2021. | ||||||
23 | (i) All State, county, and local law enforcement officers | ||||||
24 | in the State are instructed to cease enforcement of orders of | ||||||
25 | eviction for residential premises, unless the tenant of the | ||||||
26 | residential property has been found by a court of law to pose a |
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1 | direct threat to the health and safety of other tenants or an | ||||||
2 | immediate and severe risk to property. | ||||||
3 | (j) Nothing in this Section shall be construed as relieving | ||||||
4 | any individual of the obligation to pay rent or comply with any | ||||||
5 | other obligation that an individual might have pursuant to a | ||||||
6 | lease or rental agreement. | ||||||
7 | (k) Nothing in this Section shall be construed as a | ||||||
8 | prohibition, limitation, or any other restriction on the | ||||||
9 | Governor's authority pursuant to the Illinois Emergency | ||||||
10 | Management Agency Act. | ||||||
11 | (l) This Section shall not be construed to preempt any home | ||||||
12 | rule unit ordinance or local court order providing tenants | ||||||
13 | similar protections so long as it is not in conflict and no | ||||||
14 | less restrictive than the provisions provided herein. | ||||||
15 | (m) This Section is inoperative on and after October 1, | ||||||
16 | 2021. | ||||||
17 | (735 ILCS 5/9-124 new) | ||||||
18 | Sec. 9-124. Temporary rebuttable presumption established; | ||||||
19 | COVID-19 related financial hardship. | ||||||
20 | (a) Notwithstanding any law to the contrary, no court shall | ||||||
21 | enter an eviction order or judgment for possession against a | ||||||
22 | residential tenant, who is suffering from a COVID-19 related | ||||||
23 | financial hardship, for the nonpayment of rent that accrues or | ||||||
24 | becomes due while this Section is operative. | ||||||
25 | (b) In any residential eviction action brought against a |
| |||||||
| |||||||
1 | tenant for the nonpayment of rent pursuant to or arising under | ||||||
2 | this Article, after the effective date of this Section until it | ||||||
3 | becomes inoperative, there shall be a presumption that the | ||||||
4 | tenant is suffering from a COVID-19 related financial hardship. | ||||||
5 | (c) The presumption established under this Section may be | ||||||
6 | rebutted by sufficient evidence presented by the landlord or | ||||||
7 | lessor. In determining whether a tenant or lessee suffered a | ||||||
8 | COVID-19 related financial hardship, the court shall consider, | ||||||
9 | among other relevant factors: | ||||||
10 | (1) The tenant's or lessee's income prior to the | ||||||
11 | COVID-19 emergency and economic recovery period; | ||||||
12 | (2) The tenant's or lawful occupant's income during the | ||||||
13 | COVID-19 emergency and economic recovery period; | ||||||
14 | (3) The tenant's or lawful occupant's liquid assets; | ||||||
15 | (4) The tenant's or lawful occupant's eligibility for | ||||||
16 | and receipt of: | ||||||
17 | (i) cash assistance; | ||||||
18 | (ii) Supplemental Nutrition Assistance Program; | ||||||
19 | (iii) Supplemental Security Income; | ||||||
20 | (iv) Low Income Home Energy Assistance Program; | ||||||
21 | (v) unemployment insurance benefits under State or | ||||||
22 | federal law; or | ||||||
23 | (vi) emergency rental assistance, including | ||||||
24 | application or receipt of funds, pursuant to State or | ||||||
25 | federal law; | ||||||
26 | (5) Any declaration, affidavit, or other document that |
| |||||||
| |||||||
1 | the tenant completed and submitted, under penalty of | ||||||
2 | perjury, to a landlord, court, or other governmental agency | ||||||
3 | or department so as to declare or affirm experiencing a | ||||||
4 | COVID-19 related financial hardship. | ||||||
5 | (d) This Section is inoperative on and after October 1, | ||||||
6 | 2022. | ||||||
7 | (735 ILCS 5/9-125 new) | ||||||
8 | Sec. 9-125. Partial payment during the COVID-19 emergency | ||||||
9 | and economic recovery period. | ||||||
10 | (a) As used in this Section, "COVID-19 emergency and | ||||||
11 | economic recovery period" means the period beginning on March | ||||||
12 | 9, 2020, when the Governor issued the first disaster | ||||||
13 | proclamation for the State to address the circumstances related | ||||||
14 | to COVID-19, and ending on September 30, 2022. | ||||||
15 | (b) Notwithstanding Section 9-209, for the duration of the | ||||||
16 | COVID-19 emergency and economic recovery period, acceptance of | ||||||
17 | any amount of rent by a landlord from a tenant with the | ||||||
18 | knowledge of a default for nonpayment by the tenant constitutes | ||||||
19 | a waiver of the landlord's right to terminate the rental | ||||||
20 | agreement for that breach under this Act. | ||||||
21 | (735 ILCS 5/15-1513 new) | ||||||
22 | Sec. 15-1513. Temporary COVID-19 stay of certain | ||||||
23 | foreclosure proceedings and filings; consumer protections. | ||||||
24 | (a) This Section applies to any action to foreclose a |
| |||||||
| |||||||
1 | mortgage relating to residential real estate which serves as a | ||||||
2 | principal residence for at least one person or is available for | ||||||
3 | rent to serve as the principal residence for at least one | ||||||
4 | person so long as the owner or mortgagor of such property, | ||||||
5 | regardless of how title is held, owns 10 or fewer dwelling | ||||||
6 | units whether directly or indirectly. The 10 or fewer dwelling | ||||||
7 | units may be in more than one property or building as long as | ||||||
8 | the total aggregate number of 10 units includes the primary | ||||||
9 | residence of the natural person requesting such relief and the | ||||||
10 | remaining units are currently occupied by a tenant or are | ||||||
11 | available for rent. | ||||||
12 | As used in this Section, "residential real property" | ||||||
13 | includes shares assigned to a unit in a residential | ||||||
14 | cooperative. As used in this Section, "residential real | ||||||
15 | property" does not include property that is vacant and | ||||||
16 | abandoned prior to March 9, 2020 and that still remains vacant | ||||||
17 | and abandoned until this Section becomes inoperative. | ||||||
18 | (b) A hardship declaration shall be made in the following | ||||||
19 | statement, or a substantially equivalent statement in the | ||||||
20 | mortgagor's primary language, in 14-point type, published by | ||||||
21 | the Administrative Office of the Illinois Courts, whether in | ||||||
22 | physical or electronic written form: | ||||||
23 | "NOTICE TO MORTGAGOR: If you have lost income or had | ||||||
24 | increased costs during the COVID-19 pandemic, and you sign and | ||||||
25 | deliver this hardship declaration form to your mortgage lender | ||||||
26 | or other foreclosing party, you cannot be foreclosed on until |
| |||||||
| |||||||
1 | at least September 30, 2021. | ||||||
2 | If your mortgage lender or other foreclosing party provided | ||||||
3 | you with this form, the mortgage lender or other foreclosing | ||||||
4 | party shall also provide you with a mailing address and e-mail | ||||||
5 | address to which you can return this form. If you are already | ||||||
6 | in foreclosure proceedings, you may return this form to the | ||||||
7 | court. You should keep a copy or picture of the signed form for | ||||||
8 | your records. You will still owe any unpaid mortgage payments | ||||||
9 | and lawful fees to your lender. You should also keep careful | ||||||
10 | track of what you have paid and any amount you still owe. | ||||||
11 | MORTGAGOR'S DECLARATION OF COVID-19-RELATED HARDSHIP | ||||||
12 | I am the mortgagor of the property at (address of dwelling | ||||||
13 | unit). Including my primary residence, I own, whether directly | ||||||
14 | or indirectly, 10 or fewer residential dwelling units. I am | ||||||
15 | experiencing financial hardship, and I am unable to pay my | ||||||
16 | mortgage in full because of one or more of the following: | ||||||
17 | 1. Significant loss of household income during the | ||||||
18 | COVID-19 pandemic. | ||||||
19 | 2. Increase in necessary out-of-pocket expenses | ||||||
20 | related to performing essential work or related to health | ||||||
21 | impacts during the COVID-19 pandemic. | ||||||
22 | 3. Childcare responsibilities or responsibilities to | ||||||
23 | care for an elderly, disabled, or sick family member during | ||||||
24 | the COVID-19 pandemic have negatively affected my ability | ||||||
25 | or the ability of someone in my household to obtain | ||||||
26 | meaningful employment or earn income or increased my |
| |||||||
| |||||||
1 | necessary out-of-pocket expenses. | ||||||
2 | 4. Moving expenses and difficulty I have securing | ||||||
3 | alternative housing make it a hardship for me to relocate | ||||||
4 | to another residence during the COVID-19 pandemic. | ||||||
5 | 5. Other circumstances related to the COVID-19 | ||||||
6 | pandemic have negatively affected my ability to obtain | ||||||
7 | meaningful employment or earn income or have significantly | ||||||
8 | reduced my household income or significantly increased my | ||||||
9 | expenses. | ||||||
10 | 6. One or more of my tenants has defaulted on a | ||||||
11 | significant amount of their rent payments since March 1, | ||||||
12 | 2020. | ||||||
13 | To the extent I have lost household income or had increased | ||||||
14 | expenses, any public assistance, including unemployment | ||||||
15 | insurance, pandemic unemployment assistance, disability | ||||||
16 | insurance, or paid family leave, that I have received since the | ||||||
17 | start of the COVID-19 pandemic does not fully make up for my | ||||||
18 | loss of household income or increased expenses. | ||||||
19 | I understand that I must comply with all other lawful terms | ||||||
20 | under my mortgage agreement. I further understand that lawful | ||||||
21 | fees, penalties or interest for not having paid my mortgage in | ||||||
22 | full as required by my mortgage agreement may still be charged | ||||||
23 | or collected and may result in a monetary judgment against me. | ||||||
24 | I also understand that my mortgage lender or other foreclosing | ||||||
25 | party may pursue a foreclosure action against me on or after | ||||||
26 | October 1, 2021, if I do not fully repay any missed or partial |
| |||||||
| |||||||
1 | payments and lawful fees. | ||||||
2 | Signed: | ||||||
3 | Printed Name: | ||||||
4 | Date Signed: | ||||||
5 | NOTICE: You are signing and submitting this form under | ||||||
6 | penalty of law. | ||||||
7 | That means it is against the law to make a statement on | ||||||
8 | this form that you know is false." | ||||||
9 | (c) Any action to foreclose a mortgage pending on the | ||||||
10 | effective date of this amendatory Act of the 101st General | ||||||
11 | Assembly, including actions filed on or before March 9, 2020, | ||||||
12 | or commenced within 30 days of the effective date of this | ||||||
13 | amendatory Act of the 101st General Assembly shall be stayed | ||||||
14 | for at least 60 days, or to such later date that the | ||||||
15 | Administrative Office of the Illinois Courts shall determine is | ||||||
16 | necessary to ensure that courts are prepared to conduct | ||||||
17 | proceedings in compliance with this Section and to give | ||||||
18 | mortgagors an opportunity to submit the hardship declaration | ||||||
19 | pursuant to this Section. The court in each case shall promptly | ||||||
20 | issue an order directing such stay and promptly mail the | ||||||
21 | mortgagor a copy of the hardship declaration in English, and, | ||||||
22 | to the extent practicable, the mortgagor's primary language, if | ||||||
23 | other than English. | ||||||
24 | (d) The foreclosing party shall include a hardship | ||||||
25 | declaration in 14-point type, with every notice provided to a | ||||||
26 | mortgagor pursuant to Sections 15-1503 and 15-1504.5. If the |
| |||||||
| |||||||
1 | translation of the hardship declaration in the mortgagor's | ||||||
2 | primary language is not available on the Administrative Office | ||||||
3 | of the Illinois Courts' or Attorney General's public websites, | ||||||
4 | it shall be the foreclosing party's responsibility to obtain a | ||||||
5 | suitable translation of the hardship declaration in the | ||||||
6 | mortgagor's primary language. Such notice shall also include a | ||||||
7 | mailing address, telephone number, and active email address the | ||||||
8 | mortgagor can use to contact the foreclosing party and return | ||||||
9 | the hardship declaration. | ||||||
10 | (e) If a mortgagor provides a hardship declaration to the | ||||||
11 | foreclosing party or an agent of the foreclosing party, there | ||||||
12 | shall be no initiation of an action to foreclose a mortgage | ||||||
13 | against the mortgagor until at least September 30, 2021, and in | ||||||
14 | such event any specific time limit for the commencement of an | ||||||
15 | action to foreclose a mortgage shall be tolled until October 1, | ||||||
16 | 2021. | ||||||
17 | (f) All deadlines related to any pending foreclosure | ||||||
18 | proceeding on the effective date of this Section, including the | ||||||
19 | running of any redemption period, is tolled until October 1, | ||||||
20 | 2021. | ||||||
21 | (g) No court shall accept for filing any action to | ||||||
22 | foreclose a mortgage unless the foreclosing party or an agent | ||||||
23 | of the foreclosing party files an affidavit, under penalty of | ||||||
24 | perjury: | ||||||
25 | (1) of service demonstrating the manner in which the | ||||||
26 | foreclosing party's agent served a copy of the hardship |
| |||||||
| |||||||
1 | declaration in English and the mortgagor's primary | ||||||
2 | language, if other than English, with the notice, if any, | ||||||
3 | provided to the mortgagor pursuant to Sections 15-1503 and | ||||||
4 | 15-1504.5; and | ||||||
5 | (2) attesting that at the time of filing, neither the | ||||||
6 | foreclosing party nor any agent of the foreclosing party | ||||||
7 | has received a hardship declaration from the mortgagor. | ||||||
8 | At the earliest possible opportunity, the court shall seek | ||||||
9 | confirmation on the record or in writing that the mortgagor has | ||||||
10 | received a copy of the hardship declaration and that the | ||||||
11 | mortgagor has not returned the hardship declaration to the | ||||||
12 | foreclosing party or an agent of the foreclosing party. If the | ||||||
13 | court determines a mortgagor has not received a hardship | ||||||
14 | declaration, then the court shall stay the proceeding for a | ||||||
15 | reasonable period, which shall be no less than 10 business days | ||||||
16 | or any longer period provided by law, to ensure the mortgagor | ||||||
17 | received and fully considered whether to submit the hardship | ||||||
18 | declaration. | ||||||
19 | (h) In any action to foreclose a mortgage in which a | ||||||
20 | judgment of sale has not been issued, including actions filed | ||||||
21 | on or before March 9, 2020, if the mortgagor provides a | ||||||
22 | hardship declaration to the foreclosing party, the court, or an | ||||||
23 | agent of the foreclosing party or the court, the proceeding | ||||||
24 | shall be stayed until at least October 1, 2021. If such | ||||||
25 | hardship declaration is provided to the foreclosing party or | ||||||
26 | agent of the foreclosing party, such foreclosing party or agent |
| |||||||
| |||||||
1 | shall promptly file it with the court, advising the court in | ||||||
2 | writing. | ||||||
3 | (i) In any pending action to foreclose a mortgage in which | ||||||
4 | an order confirming the sale has not been issued prior to the | ||||||
5 | effective date of this Section including actions filed on or | ||||||
6 | before March 9, 2020, the court shall stay the hearing to | ||||||
7 | confirm the sale or issuance of an order confirming the sale at | ||||||
8 | least until the court has held a status conference with the | ||||||
9 | parties so that the court may assess whether the mortgagor has | ||||||
10 | been properly provided with the declaration which, if executed | ||||||
11 | by the borrower, stays the proceedings, including the | ||||||
12 | confirmation of sale, until September 30, 2021. | ||||||
13 | (k) In any pending action to foreclose a mortgage, if the | ||||||
14 | mortgagor provides a hardship declaration to the foreclosing | ||||||
15 | party, the court, or an agent of the foreclosing party or the | ||||||
16 | court, prior to the issuance of an order confirming the sale, | ||||||
17 | the issuance shall be stayed until at least October 1, 2021. If | ||||||
18 | such hardship declaration is provided to the foreclosing party | ||||||
19 | or agent of the foreclosing party, such foreclosing party or | ||||||
20 | agent shall promptly file it with the court. | ||||||
21 | (l) The Administrative Office of the Illinois Courts shall | ||||||
22 | translate the hardship declaration under subsection (b) into | ||||||
23 | Spanish, and shall post and maintain such translations and an | ||||||
24 | English language copy of the hardship declaration on the | ||||||
25 | website of the Administrative Office of the Illinois Courts | ||||||
26 | beginning within 15 days of the effective date of this Section. |
| |||||||
| |||||||
1 | (m) Notwithstanding any law to the contrary, lending | ||||||
2 | institutions shall not discriminate in the determination of | ||||||
3 | whether credit should be extended to any owner of residential | ||||||
4 | real property because such owner has been granted a stay of | ||||||
5 | mortgage foreclosure proceedings, or that an owner of | ||||||
6 | residential real property is currently in arrears and has filed | ||||||
7 | a hardship declaration with such lender or a court. | ||||||
8 | (n) Notwithstanding any law to the contrary, the granting | ||||||
9 | of a stay of mortgage foreclosure proceedings, or that an owner | ||||||
10 | of residential real property is currently in arrears and has | ||||||
11 | filed a hardship declaration with his or her lender shall not | ||||||
12 | be negatively reported to any credit reporting agency. | ||||||
13 | (o) If any clause, sentence, paragraph, section, or part of | ||||||
14 | this Section shall be adjudged by any court of competent | ||||||
15 | jurisdiction to be invalid and after exhaustion of all further | ||||||
16 | judicial review, the judgment shall not affect, impair or | ||||||
17 | invalidate the remainder thereof, but shall be confined in its | ||||||
18 | operation to the clause, sentence, paragraph, section, or part | ||||||
19 | of this Section directly involved in the controversy in which | ||||||
20 | the judgment shall have been rendered. | ||||||
21 | Section 10-10. The Condominium Property Act is amended by | ||||||
22 | adding Section 36 as follows: | ||||||
23 | (765 ILCS 605/36 new) | ||||||
24 | Sec. 36. Restriction on remedies for failure to pay |
| |||||||
| |||||||
1 | assessments or rent. | ||||||
2 | (a) Notwithstanding any provision of this Act or any other | ||||||
3 | provision of law, the board of managers of a condominium | ||||||
4 | association may not: | ||||||
5 | (1) impose charges or levy fines against any unit owner | ||||||
6 | who fails to make any payment of the common expenses when | ||||||
7 | due; | ||||||
8 | (2) record a lien against the property interest of a | ||||||
9 | unit owner who fails to make any payment of the common | ||||||
10 | expenses when due; or | ||||||
11 | (3) evict a homeowner or residential tenant for a | ||||||
12 | COVID-19 related financial hardship, as defined in Section | ||||||
13 | 9-123 of the Code of Civil Procedure. | ||||||
14 | (b) This Section is repealed on October 1, 2021. | ||||||
15 | Section 10-15. The Consumer Fraud and Deceptive Business | ||||||
16 | Practices Act is amended by changing Section 2Z as follows:
| ||||||
17 | (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
| ||||||
18 | Sec. 2Z. Violations of other Acts. Any person who knowingly | ||||||
19 | violates
the Automotive Repair Act, the Automotive Collision | ||||||
20 | Repair Act,
the Home Repair and Remodeling Act,
the Dance | ||||||
21 | Studio Act,
the Physical Fitness Services Act,
the Hearing | ||||||
22 | Instrument Consumer Protection Act,
the Illinois Union Label | ||||||
23 | Act, the Installment Sales Contract Act,
the Job Referral and | ||||||
24 | Job Listing Services Consumer Protection Act,
the Travel |
| |||||||
| |||||||
1 | Promotion Consumer Protection Act,
the Credit Services | ||||||
2 | Organizations Act,
the Automatic Telephone Dialers Act,
the | ||||||
3 | Pay-Per-Call Services Consumer Protection Act,
the Telephone | ||||||
4 | Solicitations Act,
the Illinois Funeral or Burial Funds Act,
| ||||||
5 | the Cemetery Oversight Act, the Cemetery Care Act,
the Safe and | ||||||
6 | Hygienic Bed Act,
the Illinois Pre-Need Cemetery Sales Act,
the | ||||||
7 | High Risk Home Loan Act, the Payday Loan Reform Act, the | ||||||
8 | Mortgage Rescue Fraud Act, subsection (a) or (b) of Section | ||||||
9 | 3-10 of the
Cigarette Tax Act, subsection
(a) or (b) of Section | ||||||
10 | 3-10 of the Cigarette Use Tax Act, the Electronic
Mail Act, the | ||||||
11 | Internet Caller Identification Act, paragraph (6)
of
| ||||||
12 | subsection (k) of Section 6-305 of the Illinois Vehicle Code, | ||||||
13 | Section 11-1431, 18d-115, 18d-120, 18d-125, 18d-135, 18d-150, | ||||||
14 | or 18d-153 of the Illinois Vehicle Code, Article 3 of the | ||||||
15 | Residential Real Property Disclosure Act, the Automatic | ||||||
16 | Contract Renewal Act, the Reverse Mortgage Act, Section 25 of | ||||||
17 | the Youth Mental Health Protection Act, Section 9-121 of the | ||||||
18 | Code of Civil Procedure, the Personal Information Protection | ||||||
19 | Act, or the Student Online Personal Protection Act commits an | ||||||
20 | unlawful practice within the meaning of this Act.
| ||||||
21 | (Source: P.A. 99-331, eff. 1-1-16; 99-411, eff. 1-1-16; 99-642, | ||||||
22 | eff. 7-28-16; 100-315, eff. 8-24-17; 100-416, eff. 1-1-18; | ||||||
23 | 100-863, eff. 8-14-18.) | ||||||
24 | Article 99.
|
| |||||||
| |||||||
1 | Section 99-99. Effective date. The provisions adding | ||||||
2 | Section 9-124 to the Code of Civil Procedure take effect | ||||||
3 | October 1, 2021. This Section and the provisions adding Section | ||||||
4 | 15-1513 to the Code of Civil Procedure take effect upon | ||||||
5 | becoming law.".
|