Illinois General Assembly - Full Text of SB3066
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Full Text of SB3066  101st General Assembly


Rep. Delia C. Ramirez

Filed: 1/8/2021





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2    AMENDMENT NO. ______. Amend Senate Bill 3066 by replacing
3everything after the enacting clause with the following:
"Article 5.

5    "Section 5-1. Short title. This Act may be cited as the
6COVID-19 Federal Emergency Rental Assistance Program Act.
7    Section 5-5. Purposes and findings. The purpose of this Act
8is for the State to implement federal Coronavirus Relief Fund
9(CRF) assistance to renters administered by the U.S. Department
10of the Treasury, appropriated from the Consolidated
11Appropriations Act, 2021.
12    International, national, State, and local governments and
13health authorities are responding to an outbreak of a disease
14caused by the novel Coronavirus referred to as COVID-19.
15African American and Latino households in the State are at



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1disproportionate risk of exposure to and the contraction of
2COVID-19 and to economic effects of this pandemic.
3    On March 9, 2020, the Governor issued a disaster
4declaration proclamation in this State because of the threat of
6    On March 26, 2020, the President of the United States
7declared that a major disaster exists in the State and ordered
8Federal assistance to supplement State, tribal, and local
9recovery efforts in the areas affected by the COVID-19 pandemic
10beginning on January 20, 2020 and continuing.
11    During this emergency and in the interest of protecting the
12public health and preventing transmission of COVID-19, it is
13essential to avoid unnecessary housing displacement to prevent
14housed individuals from falling into homelessness.
15    Unpaid rent, late fees, and court costs are currently
16accruing against residential tenants and will be demanded by
17landlords after the expiration of the emergency period.
18    To reduce the rental arrears throughout this State, all
19eligible residential landlords and tenants alike shall avail
20themselves of the Emergency Rental Assistance Program.
21    The State deems it necessary to protect public health,
22life, and property during this declared state of emergency by
23protecting residential tenants from certain evictions and
24other 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
2department of the State that is eligible to receive a direct
3federal allocation of federal Emergency Rental Assistance
4funds that will disburse and administer the Federal Emergency
5Rental Assistance Program.
6    "Applicant" or "program applicant" means any person or
7entity who is a residential tenant or lessee or landlord or
8lessor that has submitted an application, individually or
9jointly, to receive federal Emergency Rental Assistance funds.
10    "Eligible household" has the same meaning as used by the
11federal law enacting the federal Emergency Rental Assistance
13    "Program" means the federal Emergency Rental Assistance
15    "Recipient" or "program recipient" means any person or
16entity that is a residential tenant or lessee, landlord or
17lessor, or utility provider that had a successful application,
18in that the administering State agency disbursed funds either:
19(i) on behalf of a residential tenant directly to the landlord
20or utility provider; or (ii) directly to the residential
22    Section 5-15. Federal Emergency Rental Assistance program.
23    (a) Any department or agency of the State eligible to
24receive a direct federal allocation and charged with disbursing
25allocated funds and administering the federal program shall do



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1so in accordance with federal and State law.
2    (b) Consistent with federal law, any State agency
3administering this program shall create a process to provide
4rental assistance directly to eligible renters and to obviate
5or minimize the necessity of lessor or utility provider
6participation in submitting the application when the lessor or
7utility 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
10administering this program shall provide program recipients
11with relief payments in an amount based on stated need rather
12than on a flat or fixed amount. An eligible household's stated
13need may include, but is not limited to, the amount of arrears
14owed to a lessor, utility provider, or both, or future rental
15payments based on monthly rent.
16    (d) Consistent with federal law, nothing in this Act shall
17be construed as precluding the administering State agency from
18capping or setting a limit on the amount of emergency rental
19payments made on behalf of any single household. The
20administering State agency may adopt additional eligibility
21criteria, application procedures, and program rules necessary
22to administer the program in conformity with the priorities and
23public policies expressed within this Act.
24    (e) Consistent with federal law, the administering State
25agency shall not disqualify an eligible household based on
26application for or receipt of other permissible assistance.



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1    (f) Notwithstanding any federal or State law to the
2contrary, the administering State agency shall not, for
3purposes of determining program eligibility, require a written
4lease or any type of documentation relating to any household
5member's immigration status. The administering State agency
6may accept a demand for rent letter, ledger or statement
7containing the outstanding balance, termination notice, or
8other alternative form of documentation containing or showing
9the amount of rental or utility arrears owed.
10    (g) A landlord, lessor, or utility provider that accepts
11Emergency Rental Assistance payments from the administering
12State agency or tenant pursuant to this program inherently
13agrees to: (i) waive any and all late fees, charges,
14assessments, or other costs incurred as a result of rental or
15utility arrears, or both; (ii) forgo termination of a tenancy
16pursuant to Section 9-207 of the Code of Civil Procedure for
17the period covered by the amount of the Emergency Rental
18Assistance payment; and (iii) abstain from initiating or
19proceeding a pending eviction action except for a future breach
20of the lease.
21    Section 5-20. Accessibility and transparency.
22    (a) In addition to federal requirements, the administering
23State agency shall make publicly accessible by publishing on
24its website any important program information, including, but
25not 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
25important program information, including the application and
26all marketing materials, is language accessible by publishing



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1to its website the same in both English and Spanish.
2    Section 5-25. Process for further prioritizing applicants
3for financial assistance and housing stability services. In
4addition to federal program eligibility and prioritization
5requirements, the administering State agency shall give
6further prioritization to an eligible household: (i) located
7within a disproportionately impacted area based on positive
8COVID-19 cases; (ii) that has a documented history of housing
9instability or homelessness; or (iii) that has a significant
10amount of rental arrears.
11    Section 5-30. Required notifications and correspondence.
12The administering State agency shall ensure it communicates
13clearly with an applicant about the application determination
14process, including acceptance, status of a pending
15application, 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.
Article 10.

8    Section 10-5. The Code of Civil Procedure is amended by
9changing Section 9-121 and by adding Sections 9-122, 9-123,
109-124, 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
14the court file created when an eviction action is filed with
15the court.
16    (b) The court shall order the sealing of any court file in
17a 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
8    under seal is clearly in the interests of justice, and that
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
12relating to an eviction action brought against a tenant under
13Section 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
16    (d) A sealed court file shall be made available only to the
17litigants in the case, their counsel or prospective counsel,
18and public employees responsible for processing the
19residential eviction action.
20    (e) Upon motion and order of the court, a sealed court file
21may be made available for scholarly, educational,
22journalistic, or governmental purposes only, balancing the
23interests of the parties and the public in nondisclosure with
24the interests of the requesting party. Identifying information
25of the parties shall remain sealed, unless the court determines
26that release of the information is necessary to fulfill the



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1purpose of the request and the interests of justice so dictate.
2Nothing in this subsection shall permit the release of a sealed
3court file or the information contained therein for a
4commercial purpose.
5    (f) Except as provided in subsections (c) and (d), any
6person who disseminates a court file sealed under this Section,
7or the information contained therein, for commercial purposes
8shall be liable for a civil penalty of $2,000, or twice the
9actual and consequential damages sustained, whichever is
10greater, as well as the costs of the action, including
11reasonable attorney's fees.
12    (g) The Attorney General may enforce a violation of this
13Section as an unlawful practice under the Consumer Fraud and
14Deceptive Business Practices Act. All remedies, penalties, and
15authority granted to the Attorney General by the Consumer Fraud
16and Deceptive Business Practices Act shall be available to him
17or 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
22economic recovery period" means the period beginning on March
239, 2020, when the Governor issued the first disaster
24proclamation for the State to address the circumstances related
25to COVID-19, and ending on September 30, 2022.



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1    (b) The court file shall be sealed upon the commencement of
2any residential eviction action during the COVID-19 emergency
3and economic recovery period. If a residential eviction action
4filed during the COVID-19 emergency and economic recovery
5period is pending on the effective date of this Act and is not
6sealed, the court shall order the sealing of the court file. In
7accordance with Section 9-121, no sealed court file, sealed
8under this Section, shall be disseminated.
9    (735 ILCS 5/9-123 new)
10    Sec. 9-123. Temporary COVID-19 moratorium on certain
11residential evictions.
12    (a) As used in this Section:
13    "Covered person" means any tenant, lessee, sublessee, or
14resident of a residential property who provides to his or her
15landlord, the owner of the residential property, or other
16person or entity with a legal right to pursue an eviction or
17possessory action, a declaration under penalty of perjury
18indicating 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
14financial impact on an individual or household because of
15COVID-19 and associated governmental orders, including: loss
16of income, furlough, hour reduction or other interruption to
17employment due to workplace, school, and other facility
18closures; or increased household, child care, health care, or
19other expenses.
20    "Declaration", "COVID-19 hardship declaration", or
21"COVID-19 declaration" means the form declaration made
22available by the Illinois Housing Development Authority, or a
23similar declaration under penalty of perjury, that tenants of
24residential properties who are covered by this Section may use
25to invoke the protections of this Section.
26    "Dwelling unit" means a building, structure, or part of a



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1building or structure or land appurtenant to a building or, a
2unit or lot of a manufactured home as defined in Section 3 of
3the Mobile Home Landlord and Tenant Rights Act, or other
4residential real estate used or held out for human habitation,
5together with all common areas and storage areas held out for
6use by the resident.
7    "Eviction" or "to evict" means using any judicial or
8nonjudicial means to involuntarily remove a residential tenant
9from 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
20entered in an eviction that directs or authorizes the removal
21of a residential tenant from a dwelling unit. "Eviction order"
22or "order of eviction" does not include an order entered to
23remove a resident who is the perpetrator of violence in order
24to protect another resident or tenant from domestic violence,
25sexual violence, dating violence, or stalking. "Eviction
26order" or "order of eviction" does not include an order



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1restoring a resident to possession of the dwelling unit.
2    "Eviction notice" means any notice directing a residential
3tenant to vacate the dwelling unit or premises or otherwise
4purporting to terminate a tenancy.
5    "Landlord" means an owner of record, agent, lessor,
6sublessor, court-appointed receiver or master, mortgagee in
7possession, or the successor in interest of any of them of a
8dwelling unit or the building of which it is a part and any
9person authorized to exercise any aspect of the management of
10the premises. "Landlord" includes any person who directly or
11indirectly receives rents and has no obligation to deliver the
12whole of the receipts to another person. "Landlord" also
13includes the owner of a mobile home park.
14    "Nondiscretionary expenses" include, but are not limited
15to, food, utilities, phone and internet access, school
16supplies, cold-weather clothing, medical expenses, childcare,
17and transportation costs, including car payments and
19    "Premises" means the dwelling unit and the building or
20structure of which it is a part, facilities and appurtenances
21therein, and grounds, areas, and facilities held out for the
22use of residents.
23    "Rental agreement" means every letting or lease, whether by
24written or verbal agreement, of a dwelling unit or small
25business commercial premises.
26    "Residential eviction action" means any judicial or



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1administrative proceeding that seeks recovery of possession of
2a residential dwelling unit from a tenant, lessee, sublessee,
3or resident.
4    "Residential tenant" or "tenant" means a person entitled by
5written or verbal agreement, subtenancy approved by the
6landlord, or by sufferance to occupy a dwelling unit to the
7exclusion of others. "Residential tenant" or "tenant" includes
8persons referred to as a lessee, sublessee, and members of a
9tenant's household occupying the dwelling unit.
10    (b) A landlord or lessor may not commence a residential
11eviction action pursuant to or arising under this Article
12against 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
2eviction action pursuant to or arising under this Article
3against any tenant, lessee, sublessee, or resident who does not
4owe rent unless the landlord or lessor pleads with specificity
5that the person poses a direct threat to the health and safety
6of other tenants or an immediate and severe risk to property. A
7tenant shall not be required to provide a declaration if he or
8she is covered by this Section.
9    (d) If upon review the court determines that the landlord
10or lessor fails to meet the requirements set forth in either
11subsection (b) or (c), the court shall issue an order
12dismissing the action, without prejudice, and sealing the
13record if not previously sealed by the court. If the court
14finds that a landlord or its attorney knowingly filed an action
15contrary to this Section, the court, in its discretion, may
16order the case dismissed with prejudice and award attorney's
17fees, if any, to the tenant.
18    (e) If, upon review, the court determines that the landlord
19or 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
22declaration on a landlord or lessor after the commencement of a
23residential eviction action pursuant to or arising under this
24Article. If the tenant serves the completed declaration on the
25landlord or lessor after the landlord has filed the action, the
26Court shall stay the eviction proceeding until this Section



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1becomes inoperative.
2    (g) A landlord shall not file an action based on an
3allegation of direct threat to health and safety unless the
4landlord has previously served the tenant with a notice to quit
5pursuant to Section 9-210. If a landlord files an eviction
6action based on allegations of direct threat to health and
7safety, the landlord may file a single count complaint for
8possession only and shall not join with it a claim for rent
9pursuant to Section 9-106. This Section does not affect the
10landlord's ability to claim past due rent in a separate civil
12    (h) When the landlord or lessor provides each tenant with a
13declaration, the landlord or lessor shall also serve the plain
14language cover sheet prepared by the Illinois Housing
15Development Authority. If the landlord or lessor knows that the
16tenant primarily communicates in a language other than English,
17the landlord shall serve a version of the form declaration and
18plain language cover sheet in the language primarily used by
19the household. The Illinois Housing Development Authority
20shall prepare and make available on its website the form
21declaration and plain language cover sheet in English and
22Spanish through at least October 1, 2021.
23    (i) All State, county, and local law enforcement officers
24in the State are instructed to cease enforcement of orders of
25eviction for residential premises, unless the tenant of the
26residential property has been found by a court of law to pose a



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1direct threat to the health and safety of other tenants or an
2immediate and severe risk to property.
3    (j) Nothing in this Section shall be construed as relieving
4any individual of the obligation to pay rent or comply with any
5other obligation that an individual might have pursuant to a
6lease or rental agreement.
7    (k) Nothing in this Section shall be construed as a
8prohibition, limitation, or any other restriction on the
9Governor's authority pursuant to the Illinois Emergency
10Management Agency Act.
11    (l) This Section shall not be construed to preempt any home
12rule unit ordinance or local court order providing tenants
13similar protections so long as it is not in conflict and no
14less restrictive than the provisions provided herein.
15    (m) This Section is inoperative on and after October 1,
17    (735 ILCS 5/9-124 new)
18    Sec. 9-124. Temporary rebuttable presumption established;
19COVID-19 related financial hardship.
20    (a) Notwithstanding any law to the contrary, no court shall
21enter an eviction order or judgment for possession against a
22residential tenant, who is suffering from a COVID-19 related
23financial hardship, for the nonpayment of rent that accrues or
24becomes due while this Section is operative.
25    (b) In any residential eviction action brought against a



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1tenant for the nonpayment of rent pursuant to or arising under
2this Article, after the effective date of this Section until it
3becomes inoperative, there shall be a presumption that the
4tenant is suffering from a COVID-19 related financial hardship.
5    (c) The presumption established under this Section may be
6rebutted by sufficient evidence presented by the landlord or
7lessor. In determining whether a tenant or lessee suffered a
8COVID-19 related financial hardship, the court shall consider,
9among 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



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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,
7    (735 ILCS 5/9-125 new)
8    Sec. 9-125. Partial payment during the COVID-19 emergency
9and economic recovery period.
10     (a) As used in this Section, "COVID-19 emergency and
11economic recovery period" means the period beginning on March
129, 2020, when the Governor issued the first disaster
13proclamation for the State to address the circumstances related
14to COVID-19, and ending on September 30, 2022.
15    (b) Notwithstanding Section 9-209, for the duration of the
16COVID-19 emergency and economic recovery period, acceptance of
17any amount of rent by a landlord from a tenant with the
18knowledge of a default for nonpayment by the tenant constitutes
19a waiver of the landlord's right to terminate the rental
20agreement for that breach under this Act.
21    (735 ILCS 5/15-1513 new)
22    Sec. 15-1513. Temporary COVID-19 stay of certain
23foreclosure proceedings and filings; consumer protections.
24    (a) This Section applies to any action to foreclose a



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1mortgage relating to residential real estate which serves as a
2principal residence for at least one person or is available for
3rent to serve as the principal residence for at least one
4person so long as the owner or mortgagor of such property,
5regardless of how title is held, owns 10 or fewer dwelling
6units whether directly or indirectly. The 10 or fewer dwelling
7units may be in more than one property or building as long as
8the total aggregate number of 10 units includes the primary
9residence of the natural person requesting such relief and the
10remaining units are currently occupied by a tenant or are
11available for rent.
12    As used in this Section, "residential real property"
13includes shares assigned to a unit in a residential
14cooperative. As used in this Section, "residential real
15property" does not include property that is vacant and
16abandoned prior to March 9, 2020 and that still remains vacant
17and abandoned until this Section becomes inoperative.
18    (b) A hardship declaration shall be made in the following
19statement, or a substantially equivalent statement in the
20mortgagor's primary language, in 14-point type, published by
21the Administrative Office of the Illinois Courts, whether in
22physical or electronic written form:
23    "NOTICE TO MORTGAGOR: If you have lost income or had
24increased costs during the COVID-19 pandemic, and you sign and
25deliver this hardship declaration form to your mortgage lender
26or other foreclosing party, you cannot be foreclosed on until



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1at least September 30, 2021.
2    If your mortgage lender or other foreclosing party provided
3you with this form, the mortgage lender or other foreclosing
4party shall also provide you with a mailing address and e-mail
5address to which you can return this form. If you are already
6in foreclosure proceedings, you may return this form to the
7court. You should keep a copy or picture of the signed form for
8your records. You will still owe any unpaid mortgage payments
9and lawful fees to your lender. You should also keep careful
10track of what you have paid and any amount you still owe.
12    I am the mortgagor of the property at (address of dwelling
13unit). Including my primary residence, I own, whether directly
14or indirectly, 10 or fewer residential dwelling units. I am
15experiencing financial hardship, and I am unable to pay my
16mortgage 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



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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
14expenses, any public assistance, including unemployment
15insurance, pandemic unemployment assistance, disability
16insurance, or paid family leave, that I have received since the
17start of the COVID-19 pandemic does not fully make up for my
18loss of household income or increased expenses.
19    I understand that I must comply with all other lawful terms
20under my mortgage agreement. I further understand that lawful
21fees, penalties or interest for not having paid my mortgage in
22full as required by my mortgage agreement may still be charged
23or collected and may result in a monetary judgment against me.
24I also understand that my mortgage lender or other foreclosing
25party may pursue a foreclosure action against me on or after
26October 1, 2021, if I do not fully repay any missed or partial



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1payments and lawful fees.
2    Signed:
3    Printed Name:
4    Date Signed:
5    NOTICE: You are signing and submitting this form under
6penalty of law.
7    That means it is against the law to make a statement on
8this form that you know is false."
9    (c) Any action to foreclose a mortgage pending on the
10effective date of this amendatory Act of the 101st General
11Assembly, including actions filed on or before March 9, 2020,
12or commenced within 30 days of the effective date of this
13amendatory Act of the 101st General Assembly shall be stayed
14for at least 60 days, or to such later date that the
15Administrative Office of the Illinois Courts shall determine is
16necessary to ensure that courts are prepared to conduct
17proceedings in compliance with this Section and to give
18mortgagors an opportunity to submit the hardship declaration
19pursuant to this Section. The court in each case shall promptly
20issue an order directing such stay and promptly mail the
21mortgagor a copy of the hardship declaration in English, and,
22to the extent practicable, the mortgagor's primary language, if
23other than English.
24    (d) The foreclosing party shall include a hardship
25declaration in 14-point type, with every notice provided to a
26mortgagor pursuant to Sections 15-1503 and 15-1504.5. If the



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1translation of the hardship declaration in the mortgagor's
2primary language is not available on the Administrative Office
3of the Illinois Courts' or Attorney General's public websites,
4it shall be the foreclosing party's responsibility to obtain a
5suitable translation of the hardship declaration in the
6mortgagor's primary language. Such notice shall also include a
7mailing address, telephone number, and active email address the
8mortgagor can use to contact the foreclosing party and return
9the hardship declaration.
10    (e) If a mortgagor provides a hardship declaration to the
11foreclosing party or an agent of the foreclosing party, there
12shall be no initiation of an action to foreclose a mortgage
13against the mortgagor until at least September 30, 2021, and in
14such event any specific time limit for the commencement of an
15action to foreclose a mortgage shall be tolled until October 1,
17    (f) All deadlines related to any pending foreclosure
18proceeding on the effective date of this Section, including the
19running of any redemption period, is tolled until October 1,
21    (g) No court shall accept for filing any action to
22foreclose a mortgage unless the foreclosing party or an agent
23of the foreclosing party files an affidavit, under penalty of
25        (1) of service demonstrating the manner in which the
26    foreclosing party's agent served a copy of the hardship



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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
9confirmation on the record or in writing that the mortgagor has
10received a copy of the hardship declaration and that the
11mortgagor has not returned the hardship declaration to the
12foreclosing party or an agent of the foreclosing party. If the
13court determines a mortgagor has not received a hardship
14declaration, then the court shall stay the proceeding for a
15reasonable period, which shall be no less than 10 business days
16or any longer period provided by law, to ensure the mortgagor
17received and fully considered whether to submit the hardship
19    (h) In any action to foreclose a mortgage in which a
20judgment of sale has not been issued, including actions filed
21on or before March 9, 2020, if the mortgagor provides a
22hardship declaration to the foreclosing party, the court, or an
23agent of the foreclosing party or the court, the proceeding
24shall be stayed until at least October 1, 2021. If such
25hardship declaration is provided to the foreclosing party or
26agent of the foreclosing party, such foreclosing party or agent



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1shall promptly file it with the court, advising the court in
3    (i) In any pending action to foreclose a mortgage in which
4an order confirming the sale has not been issued prior to the
5effective date of this Section including actions filed on or
6before March 9, 2020, the court shall stay the hearing to
7confirm the sale or issuance of an order confirming the sale at
8least until the court has held a status conference with the
9parties so that the court may assess whether the mortgagor has
10been properly provided with the declaration which, if executed
11by the borrower, stays the proceedings, including the
12confirmation of sale, until September 30, 2021.
13    (k) In any pending action to foreclose a mortgage, if the
14mortgagor provides a hardship declaration to the foreclosing
15party, the court, or an agent of the foreclosing party or the
16court, prior to the issuance of an order confirming the sale,
17the issuance shall be stayed until at least October 1, 2021. If
18such hardship declaration is provided to the foreclosing party
19or agent of the foreclosing party, such foreclosing party or
20agent shall promptly file it with the court.
21    (l) The Administrative Office of the Illinois Courts shall
22translate the hardship declaration under subsection (b) into
23Spanish, and shall post and maintain such translations and an
24English language copy of the hardship declaration on the
25website of the Administrative Office of the Illinois Courts
26beginning within 15 days of the effective date of this Section.



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1    (m) Notwithstanding any law to the contrary, lending
2institutions shall not discriminate in the determination of
3whether credit should be extended to any owner of residential
4real property because such owner has been granted a stay of
5mortgage foreclosure proceedings, or that an owner of
6residential real property is currently in arrears and has filed
7a hardship declaration with such lender or a court.
8    (n) Notwithstanding any law to the contrary, the granting
9of a stay of mortgage foreclosure proceedings, or that an owner
10of residential real property is currently in arrears and has
11filed a hardship declaration with his or her lender shall not
12be negatively reported to any credit reporting agency.
13    (o) If any clause, sentence, paragraph, section, or part of
14this Section shall be adjudged by any court of competent
15jurisdiction to be invalid and after exhaustion of all further
16judicial review, the judgment shall not affect, impair or
17invalidate the remainder thereof, but shall be confined in its
18operation to the clause, sentence, paragraph, section, or part
19of this Section directly involved in the controversy in which
20the judgment shall have been rendered.
21    Section 10-10. The Condominium Property Act is amended by
22adding Section 36 as follows:
23    (765 ILCS 605/36 new)
24    Sec. 36. Restriction on remedies for failure to pay



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1assessments or rent.
2    (a) Notwithstanding any provision of this Act or any other
3provision of law, the board of managers of a condominium
4association 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
16Practices 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
19violates the Automotive Repair Act, the Automotive Collision
20Repair Act, the Home Repair and Remodeling Act, the Dance
21Studio Act, the Physical Fitness Services Act, the Hearing
22Instrument Consumer Protection Act, the Illinois Union Label
23Act, the Installment Sales Contract Act, the Job Referral and
24Job Listing Services Consumer Protection Act, the Travel



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1Promotion Consumer Protection Act, the Credit Services
2Organizations Act, the Automatic Telephone Dialers Act, the
3Pay-Per-Call Services Consumer Protection Act, the Telephone
4Solicitations Act, the Illinois Funeral or Burial Funds Act,
5the Cemetery Oversight Act, the Cemetery Care Act, the Safe and
6Hygienic Bed Act, the Illinois Pre-Need Cemetery Sales Act, the
7High Risk Home Loan Act, the Payday Loan Reform Act, the
8Mortgage Rescue Fraud Act, subsection (a) or (b) of Section
93-10 of the Cigarette Tax Act, subsection (a) or (b) of Section
103-10 of the Cigarette Use Tax Act, the Electronic Mail Act, the
11Internet Caller Identification Act, paragraph (6) of
12subsection (k) of Section 6-305 of the Illinois Vehicle Code,
13Section 11-1431, 18d-115, 18d-120, 18d-125, 18d-135, 18d-150,
14or 18d-153 of the Illinois Vehicle Code, Article 3 of the
15Residential Real Property Disclosure Act, the Automatic
16Contract Renewal Act, the Reverse Mortgage Act, Section 25 of
17the Youth Mental Health Protection Act, Section 9-121 of the
18Code of Civil Procedure, the Personal Information Protection
19Act, or the Student Online Personal Protection Act commits an
20unlawful 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,
22eff. 7-28-16; 100-315, eff. 8-24-17; 100-416, eff. 1-1-18;
23100-863, eff. 8-14-18.)
Article 99.




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1    Section 99-99. Effective date. The provisions adding
2Section 9-124 to the Code of Civil Procedure take effect
3October 1, 2021. This Section and the provisions adding Section
415-1513 to the Code of Civil Procedure take effect upon
5becoming law.".