Full Text of SB3066 101st General Assembly
SB3066ham005 101ST GENERAL ASSEMBLY | Rep. Delia C. Ramirez Filed: 1/11/2021
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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 | | Unpaid rent, late fees, and court costs are currently | 12 | | accruing against residential tenants and will be demanded by | 13 | | landlords after the expiration of the emergency period. | 14 | | To reduce the rental arrears throughout this State, all | 15 | | eligible residential landlords and tenants alike shall avail | 16 | | themselves of the Emergency Rental Assistance Program.
| 17 | | The State deems it necessary to protect public health, | 18 | | life, and property during this declared state of emergency by | 19 | | protecting residential tenants, homeowners, and housing | 20 | | providers from certain evictions and other hardships during | 21 | | this public health and economic crisis. | 22 | | Section 5-10. Definitions. As used in this Act: | 23 | | "Administering State agency" means any agency or | 24 | | department of the State that is eligible to receive a direct | 25 | | federal allocation of federal Emergency Rental Assistance |
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| 1 | | funds that will disburse and administer the Federal Emergency | 2 | | Rental Assistance Program. | 3 | | "Applicant" or "program applicant" means any person or | 4 | | entity who is a residential tenant or lessee or landlord or | 5 | | lessor that has submitted an application, individually or | 6 | | jointly, to receive federal Emergency Rental Assistance funds. | 7 | | "Eligible household" has the same meaning as used by the | 8 | | federal law enacting the federal Emergency Rental Assistance | 9 | | program. | 10 | | "Program" means the federal Emergency Rental Assistance | 11 | | Program. | 12 | | "Recipient" or "program recipient" means any person or | 13 | | entity that is a residential tenant or lessee, landlord or | 14 | | lessor, or utility provider that had a successful application, | 15 | | in that the administering State agency disbursed funds either: | 16 | | (i) on behalf of a residential tenant directly to the landlord | 17 | | or utility provider; or (ii) directly to the residential | 18 | | tenant. | 19 | | Section 5-15. Federal Emergency Rental Assistance program. | 20 | | (a) Any department or agency of the State eligible to | 21 | | receive a direct federal allocation and charged with disbursing | 22 | | allocated funds and administering the federal program shall do | 23 | | so in accordance with federal and State law. | 24 | | (b) Consistent with federal law, any State agency | 25 | | administering this program shall create a process to provide |
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| 1 | | rental assistance directly to eligible renters and to obviate | 2 | | or minimize the necessity of lessor or utility provider | 3 | | participation in submitting the application when the lessor or | 4 | | utility provider: (i) refuses to accept a direct payment; or | 5 | | (ii) fails to complete an application for assistance. The | 6 | | administering State agency shall make payments to a lessor or | 7 | | utility provider on behalf of an eligible household with a | 8 | | statement indicating which eligible household the payment is | 9 | | being made for, except that, if the lessor or utility provider | 10 | | does not agree to accept such a payment from the administering | 11 | | State agency after the administering State agency has made | 12 | | contact with the lessor or utility provider, then the | 13 | | administering State agency may make such payments directly to | 14 | | the eligible household for the purpose of the eligible | 15 | | household making payments to the lessor or utility provider. | 16 | | Notwithstanding the foregoing, nothing in this Act shall be | 17 | | construed to require a lessor or utility provider to accept | 18 | | funds from the program, whether paid directly by the | 19 | | administering State agency or by the eligible household. | 20 | | (c) Consistent with federal law, any State agency | 21 | | administering this program shall provide program recipients | 22 | | with relief payments in an amount based on stated need rather | 23 | | than on a flat or fixed amount. An eligible household's stated | 24 | | need may include, but is not limited to, the amount of arrears | 25 | | owed to a lessor, utility provider, or both, or future rental | 26 | | payments based on monthly rent. |
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| 1 | | (d) Consistent with federal law, nothing in this Act shall | 2 | | be construed as precluding any administering State agency from | 3 | | capping or setting a limit on the amount of emergency rental | 4 | | payments made on behalf of any single household. The | 5 | | administering State agency may adopt additional eligibility | 6 | | criteria, application procedures, and program rules necessary | 7 | | to administer the program in conformity with the priorities and | 8 | | public policies expressed within this Act and federal law, as | 9 | | it may be amended. | 10 | | (e) Consistent with federal law prohibiting duplicative | 11 | | payments from other federal programs, an administering State | 12 | | agency shall not disqualify an eligible household from the | 13 | | program based on previous application for or receipt of other | 14 | | similar federal assistance for periods that are different than | 15 | | that for which the program assistance is being provided under | 16 | | this Act. | 17 | | (f) Unless necessary to comply with applicable federal or | 18 | | State law, the administering State agency shall not, for | 19 | | purposes of determining program eligibility, require a fully | 20 | | executed written lease or any type of documentation relating to | 21 | | any household member's immigration status. The administering | 22 | | State agency may accept a demand for rent letter, ledger or | 23 | | statement containing the outstanding balance, termination | 24 | | notice, or other alternative form of documentation containing | 25 | | or showing the amount of rental or utility arrears owed. |
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| 1 | | Section 5-20. Accessibility and transparency. | 2 | | (a) In addition to federal requirements, the administering | 3 | | State agency shall make publicly accessible by publishing on | 4 | | its website any important program information, including, but | 5 | | not limited to, the following: | 6 | | (1) program application forms for households, lessors, | 7 | | and utility providers, including any joint program | 8 | | application forms; | 9 | | (2) program eligibility requirements; | 10 | | (3) the administering State agency's procedures and | 11 | | processes for administering the program; | 12 | | (4) the administering State agency's procedures and | 13 | | communication methods for notifying program applicants of | 14 | | defective applications due to incompletion, errors, | 15 | | missing information, or any other impediment; | 16 | | (5) the administering State agency's procedures and | 17 | | methods for applicants to remedy defective applications | 18 | | due to incompletion, errors, missing information, or any | 19 | | other impediment; and | 20 | | (6) any other important program information critical | 21 | | to applicants, including renters, lessors, and utility | 22 | | providers, relating to the application requirements and | 23 | | process, eligibility determination, and disbursement of | 24 | | payment. | 25 | | (b) The administering State agency shall ensure that | 26 | | important program information, including the application and |
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| 1 | | all marketing materials, is language accessible by publishing | 2 | | to its website the same in both English and Spanish. | 3 | | Section 5-25. Process for further prioritizing applicants | 4 | | for financial assistance and housing stability services. In | 5 | | addition to federal program eligibility and prioritization | 6 | | requirements, the administering State agency shall make best | 7 | | efforts to give further prioritization to an eligible | 8 | | household: (i) located within a disproportionately impacted | 9 | | area based on positive COVID-19 cases; (ii) that has a | 10 | | documented history of housing instability or homelessness; or | 11 | | (iii) that has a significant amount of rental arrears. | 12 | | Section 5-30. Required notifications and correspondence. | 13 | | The administering State agency shall ensure it communicates | 14 | | clearly with an applicant about the application determination | 15 | | process, including acceptance, status of a pending | 16 | | application, and any reason for denying an application. | 17 | | (1) The administering State agency shall provide | 18 | | notice to an applicant upon finding that a submitted | 19 | | application is defective or should otherwise be considered | 20 | | ineligible, denied, or rejected. | 21 | | (2) The notice from the administering State agency | 22 | | shall explain the reason why an applicant's submitted | 23 | | application is defective or should otherwise be considered | 24 | | ineligible, denied, or rejected. |
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| 1 | | (3) The notice shall contain the necessary | 2 | | information, process, accepted method, and deadline for | 3 | | the applicant to remedy any defective or deficient | 4 | | application, provided that remedy is possible. | 5 | | (4) All notice and correspondence required to be | 6 | | provided by the administering State agency shall be given | 7 | | promptly and without unnecessary delay to any applicant.
| 8 | | Article 10. | 9 | | Section 10-5. The Code of Civil Procedure is amended by | 10 | | changing Section 9-121 and by adding Sections 9-122, 9-123, | 11 | | 15-1513, and 15-1514 as follows: | 12 | | (735 ILCS 5/9-121) | 13 | | Sec. 9-121. Sealing of court file. | 14 | | (a) Definition. As used in this Section, "court file"
means | 15 | | the court file created when an eviction
action is filed with | 16 | | the court. | 17 | | (b) The court shall order the sealing of any court file in | 18 | | a residential eviction action if: | 19 | | (1) the interests of justice in sealing the court file | 20 | | outweigh the public interest in maintaining a public | 21 | | record; | 22 | | (2) the parties to the eviction action agree to seal | 23 | | the court file; |
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| 1 | | (3) there was no material violation of the terms of the | 2 | | tenancy by the tenant; or | 3 | | (4) the case was dismissed with or without prejudice. | 4 | | Discretionary sealing of court file. The court may
order | 5 | | that a court file in an eviction action
be placed under | 6 | | seal if the court finds that the plaintiff's
action is | 7 | | sufficiently without a basis in fact or law, which
may | 8 | | include a lack of jurisdiction, that placing the court file
| 9 | | under seal is clearly in the interests of justice, and that
| 10 | | those interests are not outweighed by the public's interest | 11 | | in
knowing about the record. | 12 | | (c) Mandatory sealing of court file. The court file | 13 | | relating to an eviction action brought against a tenant under | 14 | | Section 9-207.5 of this Code or as set forth in subdivision | 15 | | (h)(6) of Section 15-1701 of this Code shall be placed under | 16 | | seal.
| 17 | | (d) A sealed court file shall be made available only to the | 18 | | litigants in the case, their counsel or prospective counsel, | 19 | | and public employees responsible for processing the | 20 | | residential eviction action. | 21 | | (e) Upon motion and order of the court, a sealed court file | 22 | | may be made available for scholarly, educational, | 23 | | journalistic, or governmental purposes only, balancing the | 24 | | interests of the parties and the public in nondisclosure with | 25 | | the interests of the requesting party. Identifying information | 26 | | of the parties shall remain sealed, unless the court determines |
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| 1 | | that release of the information is necessary to fulfill the | 2 | | purpose of the request and the interests of justice so dictate. | 3 | | Nothing in this subsection shall permit the release of a sealed | 4 | | court file or the information contained therein for a | 5 | | commercial purpose. | 6 | | (f) Except as provided in subsections (c) and (d), any | 7 | | person who disseminates a court file sealed under this Section, | 8 | | or the information contained therein, for commercial purposes | 9 | | shall be liable for a civil penalty of $2,000, or twice the | 10 | | actual and consequential damages sustained, whichever is | 11 | | greater, as well as the costs of the action, including | 12 | | reasonable attorney's fees. | 13 | | (g) The Attorney General may enforce a violation of this | 14 | | Section as an unlawful practice under the Consumer Fraud and | 15 | | Deceptive Business Practices Act. All remedies, penalties, and | 16 | | authority granted to the Attorney General by the Consumer Fraud | 17 | | and Deceptive Business Practices Act shall be available to him | 18 | | or her for the enforcement of this Section. | 19 | | (h) Nothing in this Section prohibits a landlord from | 20 | | receiving a reference from a previous landlord of a prospective | 21 | | tenant. Nothing in this Section prohibits a landlord from | 22 | | providing a reference for a previous or current tenant to a | 23 | | prospective landlord of that tenant. | 24 | | (Source: P.A. 100-173, eff. 1-1-18 .) | 25 | | (735 ILCS 5/9-122 new) |
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| 1 | | Sec. 9-122. COVID-19 emergency sealing of court file. | 2 | | (a) As used in this Section, "COVID-19 emergency and | 3 | | economic recovery period" means the period beginning on March | 4 | | 9, 2020, when the Governor issued the first disaster | 5 | | proclamation for the State to address the circumstances related | 6 | | to COVID-19, and ending on March 31, 2022. | 7 | | (b) The court file shall be sealed upon the commencement of | 8 | | any residential eviction action during the COVID-19 emergency | 9 | | and economic recovery period. If a residential eviction action | 10 | | filed during the COVID-19 emergency and economic recovery | 11 | | period is pending on the effective date of this Act and is not | 12 | | sealed, the court shall order the sealing of the court file. In | 13 | | accordance with Section 9-121, no sealed court file, sealed | 14 | | under this Section, shall be disseminated. | 15 | | (c) If the court enters a judgment in favor of the | 16 | | landlord, the court may also enter an order to unseal the court | 17 | | file under this Section. A court shall order the court file to | 18 | | be unsealed if: | 19 | | (1) the action is not based in whole or in part on the | 20 | | nonpayment of rent during the COVID-19 emergency and | 21 | | economic recovery period; and | 22 | | (2) The requirements of subsection (b) or (c) of | 23 | | Section 9-121 have not been met. | 24 | | (d) Subsections (d) through (h) of Section 9-121 shall also | 25 | | be applicable and incorporated into this Section. |
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| 1 | | (735 ILCS 5/9-123 new) | 2 | | Sec. 9-123. Temporary COVID-19 moratorium on certain | 3 | | residential evictions. | 4 | | (a) Purpose and findings. International, national, State, | 5 | | and local governments and health authorities are responding to | 6 | | an outbreak of a disease caused by the novel Coronavirus | 7 | | referred to as COVID-19. African American and Latino households | 8 | | in the State are at disproportionate risk of exposure to and | 9 | | the contraction of COVID-19 and to economic effects of this | 10 | | pandemic. | 11 | | On March 9, 2020, the Governor issued a disaster | 12 | | declaration proclamation in this State because of the threat of | 13 | | COVID-19. | 14 | | On March 26, 2020, the President of the United States | 15 | | declared that a major disaster exists in the State and ordered | 16 | | Federal assistance to supplement State, tribal, and local | 17 | | recovery efforts in the areas affected by the COVID-19 pandemic | 18 | | beginning on January 20, 2020 and continuing. | 19 | | During this emergency and in the interest of protecting the | 20 | | public health and preventing transmission of COVID-19, it is | 21 | | essential to avoid unnecessary housing displacement to prevent | 22 | | housed individuals from falling into homelessness. | 23 | | The State deems it necessary to protect public health, | 24 | | life, and property during this declared state of emergency by | 25 | | protecting residential tenants, homeowners, and housing | 26 | | providers from certain evictions and other hardships during |
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| 1 | | this public health and economic crisis. | 2 | | On April 23, 2020, the Governor issued Executive Order | 3 | | 2020-30, in part, because the ongoing public health emergency | 4 | | required further action to prevent the commencement of | 5 | | residential eviction proceedings. On April 30, 2020, the | 6 | | Governor issued Executive Order 2020-33, which amended | 7 | | Executive Order 2020-30 to continue the prohibition on the | 8 | | enforcement of residential eviction actions, and the | 9 | | prohibitions on commencement of residential eviction actions | 10 | | and the enforcement of residential eviction orders in Executive | 11 | | Order 2020-33 have been extended, with some changes, by | 12 | | subsequent Executive Orders. As, however, the Governor may only | 13 | | enact and extend these moratoria by 30-day intervals, enacting | 14 | | an extended moratorium by legislation is necessary to provide | 15 | | additional protection and certainty, though nothing in this | 16 | | Section should be interpreted to rebut the Governor's ability | 17 | | to enact or extend a moratorium or the like by Executive Order, | 18 | | as permitted by Law. | 19 | | (a-5) As used in this Section: | 20 | | "Covered person" means any tenant, lessee, sublessee, or | 21 | | resident of a residential property who provides to his or her | 22 | | landlord, the owner of the residential property, or other | 23 | | person or entity with a legal right to pursue an eviction or | 24 | | possessory action, a declaration under penalty of perjury | 25 | | indicating that: | 26 | | (1) the individual either: (i) expects to earn no more |
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| 1 | | than $99,000, or no more than $198,000 if filing a joint | 2 | | tax return, in annual income for Calendar Year 2020 or | 3 | | 2021; (ii) was not required to report any income in 2019 or | 4 | | 2020 to the U.S. Internal Revenue Service; or (iii) | 5 | | received an Economic Impact Payment pursuant to Section | 6 | | 2201 of the CARES Act or the Coronavirus Response and | 7 | | Relief Supplemental Appropriations Act of 2021; | 8 | | (2) the individual is unable to make a full rent or | 9 | | housing payment due to a COVID-19 related hardship; | 10 | | (3) the individual is using his or her best efforts to | 11 | | make timely partial payments that are as close to the full | 12 | | payment as the individual's circumstances may permit, | 13 | | taking into account other nondiscretionary expenses; and | 14 | | (4) eviction would likely render the individual | 15 | | homeless or force the individual to move into and live in | 16 | | close quarters in a new congregate or shared living setting | 17 | | because the individual has no other available housing | 18 | | options. | 19 | | "Covered person" does not include any individual who now | 20 | | occupies the residential property if no individuals in the | 21 | | household have had a verbal or written rental agreement at any | 22 | | time for the subject property. | 23 | | "COVID-19 related financial hardship" means any negative | 24 | | financial impact on an individual or household because of | 25 | | COVID-19 and associated governmental orders, including: loss | 26 | | of income, furlough, hour reduction or other interruption to |
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| 1 | | employment due to workplace, school, and other facility | 2 | | closures; or increased household, child care, health care, or | 3 | | other expenses. | 4 | | "Declaration", "COVID-19 hardship declaration", or | 5 | | "COVID-19 declaration" means the form declaration made | 6 | | available by the Illinois Housing Development Authority, or a | 7 | | similar declaration under penalty of perjury, that tenants of | 8 | | residential properties who are covered by this Section may use | 9 | | to invoke the protections of this Section. | 10 | | "Dwelling unit" means a building, structure, or part of a | 11 | | building or structure or land appurtenant to a building or, a | 12 | | unit or lot of a manufactured home as defined in Section 3 of | 13 | | the Mobile Home Landlord and Tenant Rights Act, or other | 14 | | residential real estate used or held out for human habitation, | 15 | | together with all common areas and storage areas held out for | 16 | | use by the resident. | 17 | | "Eviction" or "to evict" means using any judicial or | 18 | | nonjudicial means to involuntarily remove a residential tenant | 19 | | from a dwelling unit, including, but not limited to: | 20 | | (1) issuing an eviction notice or other notice to | 21 | | terminate a tenancy; | 22 | | (2) filing, serving, or other otherwise initiating a | 23 | | judicial eviction action; | 24 | | (3) prosecuting a pending eviction action, other than | 25 | | as necessary to request a continuance or suspension of the | 26 | | matter or to comply with an order of the tribunal; or |
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| 1 | | (4) seeking or causing any order for the physical | 2 | | eviction of a residential tenant to be executed. | 3 | | "Eviction order" or "order of eviction" means any order | 4 | | entered in an eviction that directs or authorizes the removal | 5 | | of a residential tenant from a dwelling unit. "Eviction order" | 6 | | or "order of eviction" does not include an order entered to | 7 | | remove a resident who is the perpetrator of violence in order | 8 | | to protect another resident or tenant from domestic violence, | 9 | | sexual violence, dating violence, or stalking. "Eviction | 10 | | order" or "order of eviction" does not include an order | 11 | | restoring a resident to possession of the dwelling unit. | 12 | | "Eviction notice" means any notice directing a residential | 13 | | tenant to vacate the dwelling unit or premises or otherwise | 14 | | purporting to terminate a tenancy. | 15 | | "Landlord" means an owner of record, agent, lessor, | 16 | | sublessor, court-appointed receiver or master, mortgagee in | 17 | | possession, or the successor in interest of any of them of a | 18 | | dwelling unit or the building of which it is a part and any | 19 | | person authorized to exercise any aspect of the management of | 20 | | the premises. "Landlord" includes any person who directly or | 21 | | indirectly receives rents and has no obligation to deliver the | 22 | | whole of the receipts to another person. "Landlord" also | 23 | | includes the owner of a mobile home park. | 24 | | "Nondiscretionary expenses" include, but are not limited | 25 | | to, food, utilities, phone and internet access, school | 26 | | supplies, cold-weather clothing, medical expenses, childcare, |
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| 1 | | and transportation costs, including car payments and | 2 | | insurance. | 3 | | "Premises" means the dwelling unit and the building or | 4 | | structure of which it is a part, facilities and appurtenances | 5 | | therein, and grounds, areas, and facilities held out for the | 6 | | use of residents. | 7 | | "Rental agreement" means every letting or lease, whether by | 8 | | written or verbal agreement, of a dwelling unit or small | 9 | | business commercial premises. | 10 | | "Residential eviction action" means any judicial or | 11 | | administrative proceeding that seeks recovery of possession of | 12 | | a residential dwelling unit from a tenant, lessee, sublessee, | 13 | | or resident. | 14 | | "Residential tenant" or "tenant" means a person entitled by | 15 | | written or verbal agreement, subtenancy approved by the | 16 | | landlord, or by sufferance to occupy a dwelling unit to the | 17 | | exclusion of others. "Residential tenant" or "tenant" includes | 18 | | persons referred to as a lessee, sublessee, and members of a | 19 | | tenant's household occupying the dwelling unit. | 20 | | (b) A landlord or lessor may not commence a residential | 21 | | eviction action pursuant to or arising under this Article | 22 | | against a covered person, as defined in this Section, unless: | 23 | | (1) the landlord or lessor pleads with specificity that | 24 | | the person is: | 25 | | (i) engaging in criminal activity while on the | 26 | | premises; |
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| 1 | | (ii) threatening the health or safety of other | 2 | | residents; | 3 | | (iii) damaging or posing an immediate and | 4 | | significant risk of damage to property; or | 5 | | (iv) engaging in unreasonable behavior that | 6 | | substantially infringes on the use and enjoyment by | 7 | | other tenants or occupants; and | 8 | | (2) the landlord or lessor certifies that he or she: | 9 | | (i) provided each tenant or other person a COVID-19 | 10 | | Hardship declaration at least 5 days prior to | 11 | | commencement of the residential eviction action | 12 | | including, but not limited to, at least 5 days prior to | 13 | | the issuance of a notice of termination of tenancy; and | 14 | | (ii) has not received an executed declaration form | 15 | | from the tenant declaring that he or she is a covered | 16 | | person. | 17 | | (c) A landlord or lessor may not commence a residential | 18 | | eviction action pursuant to or arising under this Article | 19 | | against any tenant, lessee, sublessee, or resident who does not | 20 | | owe rent unless the landlord or lessor pleads with specificity | 21 | | that the person is: | 22 | | (1) engaging in criminal activity while on the | 23 | | premises; | 24 | | (2) threatening the health or safety of other | 25 | | residents; | 26 | | (3) damaging or posing an immediate and significant |
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| 1 | | risk of damage to property; or | 2 | | (4) engaging in unreasonable behavior that | 3 | | substantially infringes on the use and enjoyment by other | 4 | | tenants or occupants. | 5 | | A tenant shall not be required to provide a declaration if | 6 | | he or she is covered by this Section. | 7 | | (d) If upon review the court determines that the landlord | 8 | | or lessor fails to meet the requirements set forth in either | 9 | | subsection (b) or (c), the court shall issue an order | 10 | | dismissing the action, without prejudice, and sealing the | 11 | | record if not previously sealed by the court. If the court | 12 | | finds that a landlord or its attorney knowingly filed an action | 13 | | contrary to this Section, the court, in its discretion, may | 14 | | order the case dismissed with prejudice and award attorney's | 15 | | fees, if any, to the tenant. | 16 | | (e) If, upon review, the court determines that the landlord | 17 | | or lessor properly meets the requirements of either subsection | 18 | | (b) or (c), whichever is applicable, the matter may proceed. | 19 | | (f) The tenant may serve a completed COVID-19 hardship | 20 | | declaration on a landlord or lessor after the commencement of a | 21 | | residential eviction action pursuant to or arising under this | 22 | | Article. If the tenant serves the completed declaration on the | 23 | | landlord or lessor after the landlord has filed the action, the | 24 | | Court shall stay the eviction proceeding until this Section | 25 | | becomes inoperative. | 26 | | (g) A landlord shall not file an action based on an |
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| 1 | | allegation arising under paragraph (1) of subsection (b) unless | 2 | | the landlord has previously served the tenant with a notice to | 3 | | quit pursuant to Section 9-210. If a landlord files an eviction | 4 | | action based on allegations arising under paragraph (1) of | 5 | | subsection (b), the landlord may file a single count complaint | 6 | | for possession only and shall not join with it a claim for rent | 7 | | pursuant to Section 9-106. This Section does not affect the | 8 | | landlord's ability to claim past due rent in a separate civil | 9 | | action. | 10 | | (h) When the landlord or lessor provides each tenant with a | 11 | | declaration, the landlord or lessor shall also serve the plain | 12 | | language cover sheet prepared by the Illinois Housing | 13 | | Development Authority. If the landlord or lessor knows that the | 14 | | tenant primarily communicates in a language other than English, | 15 | | the landlord shall serve a version of the form declaration and | 16 | | plain language cover sheet in the language primarily used by | 17 | | the household. The Illinois Housing Development Authority | 18 | | shall prepare and make available on its website the form | 19 | | declaration and plain language cover sheet in English and | 20 | | Spanish through at least August 1, 2021. | 21 | | (i) All State, county, and local law enforcement officers | 22 | | in the State are instructed to cease enforcement of orders of | 23 | | eviction for residential premises, unless the tenant of the | 24 | | residential property has been found by a court of law to be | 25 | | subject to an allegation under paragraph (1) of subsection (b). | 26 | | (j) If a landlord who has been prohibited from filing an |
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| 1 | | action under this Section later files an eviction at the | 2 | | conclusion of this moratorium, the landlord may join with its | 3 | | claim for an eviction order and for rent a claim that the | 4 | | tenant committed perjury by filing a false declaration. The | 5 | | tenant shall have a rebuttable presumption that his or her | 6 | | declaration was truthful. If the landlord rebuts this | 7 | | presumption with clear and convincing evidence, the court shall | 8 | | enter judgment in the amount of the landlord's actual damages. | 9 | | If the court determines the tenant knowingly committed perjury, | 10 | | the court may enter such other sanctions as it deems just. | 11 | | (k) Nothing in this Section shall be construed as relieving | 12 | | any individual of the obligation to pay rent or comply with any | 13 | | other obligation that an individual might have pursuant to a | 14 | | lease or rental agreement. | 15 | | (l) Nothing in this Section shall be construed as a | 16 | | prohibition, limitation, or any other restriction on the | 17 | | Governor's authority pursuant to the Illinois Emergency | 18 | | Management Agency Act. | 19 | | (m) This Section shall not be construed to preempt any home | 20 | | rule unit ordinance or local court order providing tenants | 21 | | similar protections so long as it is not in conflict and no | 22 | | less restrictive than the provisions provided herein. | 23 | | (n) This Section is inoperative on and after August 1, | 24 | | 2021. | 25 | | (735 ILCS 5/15-1513 new) |
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| 1 | | Sec. 15-1513. Temporary COVID-19 stay of judicial sales, | 2 | | orders of possession. | 3 | | (a) Notwithstanding Section 15-1507, no judicial | 4 | | foreclosure sale shall be held between the effective date of | 5 | | this Section and July 31, 2021. Any judicial foreclosure sale | 6 | | pending as of the effective date of this Section shall be | 7 | | cancelled and renoticed for a date after July 31, 2021. | 8 | | (b) Notwithstanding subsection (g) of Section 15-1508, no | 9 | | order of possession pursuant to a confirmation of judicial | 10 | | foreclosure sale shall be entered by a court, placed with a | 11 | | sheriff for execution, or executed by a sheriff until a date | 12 | | after July 31, 2021. | 13 | | (c) This Section applies to any action to foreclose a | 14 | | mortgage relating to residential real estate, which, as used in | 15 | | this Section, includes any real estate except a single tract of | 16 | | agricultural real estate consisting of more than 40 acres, that | 17 | | is improved with a single family residence or residential | 18 | | condominium units or a multiple dwelling structure containing | 19 | | single family dwelling units for 6 or fewer families living | 20 | | independently of each other, except that this Section does not | 21 | | apply in cases in which the plaintiff establishes by competent | 22 | | proof that the subject real property is vacant or abandoned. | 23 | | (735 ILCS 5/15-1514 new) | 24 | | Sec. 15-1514. Temporary COVID-19 stay of certain | 25 | | foreclosure proceedings and filings. |
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| 1 | | (a) This Section applies to any action to foreclose a | 2 | | mortgage relating to residential real estate, which, as used in | 3 | | this Section, includes any real estate except a single tract of | 4 | | agricultural real estate consisting of more than 40 acres, that | 5 | | is improved with a single family residence or residential | 6 | | condominium units or a multiple dwelling structure containing | 7 | | single family dwelling units for 6 or fewer families living | 8 | | independently of each other, except that this Section does not | 9 | | apply in cases in which the plaintiff establishes by competent | 10 | | proof that the subject real property is vacant or abandoned. As | 11 | | used in this Section, "residential real estate" includes shares | 12 | | assigned to a unit in a residential cooperative. | 13 | | (b) Any action to foreclose a mortgage pending on the | 14 | | effective date of this amendatory Act of the 101st General | 15 | | Assembly, including actions filed on or before March 9, 2020, | 16 | | or commenced within 30 days of the effective date of this | 17 | | amendatory Act of the 101st General Assembly, shall be stayed | 18 | | until May 1, 2021. | 19 | | (c) No court shall accept for filing any action to | 20 | | foreclose a mortgage before May 1, 2021. | 21 | | (d) All deadlines related to any pending foreclosure | 22 | | proceeding on the effective date of this Section, including the | 23 | | running of any redemption period, are tolled until May 1, 2021. | 24 | | (e) If any clause, sentence, paragraph, subsection, or part | 25 | | of this Section shall be adjudged by any court of competent | 26 | | jurisdiction to be invalid and after exhaustion of all further |
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| 1 | | judicial review, the judgment shall not affect, impair, or | 2 | | invalidate the remainder thereof, but shall be confined in its | 3 | | operation to the clause, sentence, paragraph, subsection, or | 4 | | part of this Section directly involved in the controversy in | 5 | | which the judgment shall have been rendered. | 6 | | Section 10-10. The Condominium Property Act is amended by | 7 | | adding Section 36 as follows: | 8 | | (765 ILCS 605/36 new) | 9 | | Sec. 36. Temporary COVID-19 restriction on remedies for | 10 | | failure to pay assessments or rent. | 11 | | (a) Notwithstanding any provision of this Act or any other | 12 | | provision of law, when a unit owner or residential tenant has a | 13 | | COVID-19 related financial hardship and submitted to the board | 14 | | a COVID-19 declaration, as those terms are defined in Section | 15 | | 9-123 of the Code of Civil Procedure, the board of managers of | 16 | | a condominium association may not: | 17 | | (1) impose charges or levy fines against any unit owner | 18 | | who fails to make any payment of the common expenses when | 19 | | due; or | 20 | | (2) evict a unit owner or residential tenant. | 21 | | (b) This Section is repealed on August 1, 2021. | 22 | | Section 10-15. The Consumer Fraud and Deceptive Business | 23 | | Practices Act is amended by changing Section 2Z as follows:
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| 1 | | (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
| 2 | | Sec. 2Z. Violations of other Acts. Any person who knowingly | 3 | | violates
the Automotive Repair Act, the Automotive Collision | 4 | | Repair Act,
the Home Repair and Remodeling Act,
the Dance | 5 | | Studio Act,
the Physical Fitness Services Act,
the Hearing | 6 | | Instrument Consumer Protection Act,
the Illinois Union Label | 7 | | Act, the Installment Sales Contract Act,
the Job Referral and | 8 | | Job Listing Services Consumer Protection Act,
the Travel | 9 | | Promotion Consumer Protection Act,
the Credit Services | 10 | | Organizations Act,
the Automatic Telephone Dialers Act,
the | 11 | | Pay-Per-Call Services Consumer Protection Act,
the Telephone | 12 | | Solicitations Act,
the Illinois Funeral or Burial Funds Act,
| 13 | | the Cemetery Oversight Act, the Cemetery Care Act,
the Safe and | 14 | | Hygienic Bed Act,
the Illinois Pre-Need Cemetery Sales Act,
the | 15 | | High Risk Home Loan Act, the Payday Loan Reform Act, the | 16 | | Mortgage Rescue Fraud Act, subsection (a) or (b) of Section | 17 | | 3-10 of the
Cigarette Tax Act, subsection
(a) or (b) of Section | 18 | | 3-10 of the Cigarette Use Tax Act, the Electronic
Mail Act, the | 19 | | Internet Caller Identification Act, paragraph (6)
of
| 20 | | subsection (k) of Section 6-305 of the Illinois Vehicle Code, | 21 | | Section 11-1431, 18d-115, 18d-120, 18d-125, 18d-135, 18d-150, | 22 | | or 18d-153 of the Illinois Vehicle Code, Article 3 of the | 23 | | Residential Real Property Disclosure Act, the Automatic | 24 | | Contract Renewal Act, the Reverse Mortgage Act, Section 25 of | 25 | | the Youth Mental Health Protection Act, Section 9-121 of the |
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| 1 | | Code of Civil Procedure, the Personal Information Protection | 2 | | Act, or the Student Online Personal Protection Act commits an | 3 | | unlawful practice within the meaning of this Act.
| 4 | | (Source: P.A. 99-331, eff. 1-1-16; 99-411, eff. 1-1-16; 99-642, | 5 | | eff. 7-28-16; 100-315, eff. 8-24-17; 100-416, eff. 1-1-18; | 6 | | 100-863, eff. 8-14-18.) | 7 | | Article 99.
| 8 | | Section 99-99. Effective date. This Act takes effect upon | 9 | | becoming law.".
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