Full Text of SB3066 101st General Assembly
SB3066ham004 101ST GENERAL ASSEMBLY | Rep. Delia C. Ramirez Filed: 1/8/2021
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| 1 | | AMENDMENT TO SENATE BILL 3066
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3066 by replacing | 3 | | everything after the enacting clause with the following:
| 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.
| 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.
| 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
| 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 | 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.
| 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 |
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| 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 |
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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, | 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 |
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| 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 |
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| 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 |
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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 | 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 |
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| 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 |
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| 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 |
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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 | 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 |
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| 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. |
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| 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 |
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| 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 |
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| 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.
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| 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.".
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