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


Rep. Delia C. Ramirez

Filed: 1/11/2021





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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    Unpaid rent, late fees, and court costs are currently
12accruing against residential tenants and will be demanded by
13landlords after the expiration of the emergency period.
14    To reduce the rental arrears throughout this State, all
15eligible residential landlords and tenants alike shall avail
16themselves of the Emergency Rental Assistance Program.
17    The State deems it necessary to protect public health,
18life, and property during this declared state of emergency by
19protecting residential tenants, homeowners, and housing
20providers from certain evictions and other hardships during
21this public health and economic crisis.
22    Section 5-10. Definitions. As used in this Act:
23    "Administering State agency" means any agency or
24department of the State that is eligible to receive a direct
25federal allocation of federal Emergency Rental Assistance



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1funds that will disburse and administer the Federal Emergency
2Rental Assistance Program.
3    "Applicant" or "program applicant" means any person or
4entity who is a residential tenant or lessee or landlord or
5lessor that has submitted an application, individually or
6jointly, to receive federal Emergency Rental Assistance funds.
7    "Eligible household" has the same meaning as used by the
8federal law enacting the federal Emergency Rental Assistance
10    "Program" means the federal Emergency Rental Assistance
12    "Recipient" or "program recipient" means any person or
13entity that is a residential tenant or lessee, landlord or
14lessor, or utility provider that had a successful application,
15in that the administering State agency disbursed funds either:
16(i) on behalf of a residential tenant directly to the landlord
17or utility provider; or (ii) directly to the residential
19    Section 5-15. Federal Emergency Rental Assistance program.
20    (a) Any department or agency of the State eligible to
21receive a direct federal allocation and charged with disbursing
22allocated funds and administering the federal program shall do
23so in accordance with federal and State law.
24    (b) Consistent with federal law, any State agency
25administering this program shall create a process to provide



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1rental assistance directly to eligible renters and to obviate
2or minimize the necessity of lessor or utility provider
3participation in submitting the application when the lessor or
4utility provider: (i) refuses to accept a direct payment; or
5(ii) fails to complete an application for assistance. The
6administering State agency shall make payments to a lessor or
7utility provider on behalf of an eligible household with a
8statement indicating which eligible household the payment is
9being made for, except that, if the lessor or utility provider
10does not agree to accept such a payment from the administering
11State agency after the administering State agency has made
12contact with the lessor or utility provider, then the
13administering State agency may make such payments directly to
14the eligible household for the purpose of the eligible
15household making payments to the lessor or utility provider.
16Notwithstanding the foregoing, nothing in this Act shall be
17construed to require a lessor or utility provider to accept
18funds from the program, whether paid directly by the
19administering State agency or by the eligible household.
20    (c) Consistent with federal law, any State agency
21administering this program shall provide program recipients
22with relief payments in an amount based on stated need rather
23than on a flat or fixed amount. An eligible household's stated
24need may include, but is not limited to, the amount of arrears
25owed to a lessor, utility provider, or both, or future rental
26payments based on monthly rent.



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1    (d) Consistent with federal law, nothing in this Act shall
2be construed as precluding any administering State agency from
3capping or setting a limit on the amount of emergency rental
4payments made on behalf of any single household. The
5administering State agency may adopt additional eligibility
6criteria, application procedures, and program rules necessary
7to administer the program in conformity with the priorities and
8public policies expressed within this Act and federal law, as
9it may be amended.
10    (e) Consistent with federal law prohibiting duplicative
11payments from other federal programs, an administering State
12agency shall not disqualify an eligible household from the
13program based on previous application for or receipt of other
14similar federal assistance for periods that are different than
15that for which the program assistance is being provided under
16this Act.
17    (f) Unless necessary to comply with applicable federal or
18State law, the administering State agency shall not, for
19purposes of determining program eligibility, require a fully
20executed written lease or any type of documentation relating to
21any household member's immigration status. The administering
22State agency may accept a demand for rent letter, ledger or
23statement containing the outstanding balance, termination
24notice, or other alternative form of documentation containing
25or 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
3State agency shall make publicly accessible by publishing on
4its website any important program information, including, but
5not 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
26important program information, including the application and



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1all marketing materials, is language accessible by publishing
2to its website the same in both English and Spanish.
3    Section 5-25. Process for further prioritizing applicants
4for financial assistance and housing stability services. In
5addition to federal program eligibility and prioritization
6requirements, the administering State agency shall make best
7efforts to give further prioritization to an eligible
8household: (i) located within a disproportionately impacted
9area based on positive COVID-19 cases; (ii) that has a
10documented 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.
13The administering State agency shall ensure it communicates
14clearly with an applicant about the application determination
15process, including acceptance, status of a pending
16application, 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.
Article 10.

9    Section 10-5. The Code of Civil Procedure is amended by
10changing Section 9-121 and by adding Sections 9-122, 9-123,
1115-1513, 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
15the court file created when an eviction action is filed with
16the court.
17    (b) The court shall order the sealing of any court file in
18a 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
13relating to an eviction action brought against a tenant under
14Section 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
17    (d) A sealed court file shall be made available only to the
18litigants in the case, their counsel or prospective counsel,
19and public employees responsible for processing the
20residential eviction action.
21    (e) Upon motion and order of the court, a sealed court file
22may be made available for scholarly, educational,
23journalistic, or governmental purposes only, balancing the
24interests of the parties and the public in nondisclosure with
25the interests of the requesting party. Identifying information
26of the parties shall remain sealed, unless the court determines



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1that release of the information is necessary to fulfill the
2purpose of the request and the interests of justice so dictate.
3Nothing in this subsection shall permit the release of a sealed
4court file or the information contained therein for a
5commercial purpose.
6    (f) Except as provided in subsections (c) and (d), any
7person who disseminates a court file sealed under this Section,
8or the information contained therein, for commercial purposes
9shall be liable for a civil penalty of $2,000, or twice the
10actual and consequential damages sustained, whichever is
11greater, as well as the costs of the action, including
12reasonable attorney's fees.
13    (g) The Attorney General may enforce a violation of this
14Section as an unlawful practice under the Consumer Fraud and
15Deceptive Business Practices Act. All remedies, penalties, and
16authority granted to the Attorney General by the Consumer Fraud
17and Deceptive Business Practices Act shall be available to him
18or her for the enforcement of this Section.
19    (h) Nothing in this Section prohibits a landlord from
20receiving a reference from a previous landlord of a prospective
21tenant. Nothing in this Section prohibits a landlord from
22providing a reference for a previous or current tenant to a
23prospective 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
3economic recovery period" means the period beginning on March
49, 2020, when the Governor issued the first disaster
5proclamation for the State to address the circumstances related
6to COVID-19, and ending on March 31, 2022.
7    (b) The court file shall be sealed upon the commencement of
8any residential eviction action during the COVID-19 emergency
9and economic recovery period. If a residential eviction action
10filed during the COVID-19 emergency and economic recovery
11period is pending on the effective date of this Act and is not
12sealed, the court shall order the sealing of the court file. In
13accordance with Section 9-121, no sealed court file, sealed
14under this Section, shall be disseminated.
15    (c) If the court enters a judgment in favor of the
16landlord, the court may also enter an order to unseal the court
17file under this Section. A court shall order the court file to
18be 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
25be 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
3residential evictions.
4    (a) Purpose and findings. International, national, State,
5and local governments and health authorities are responding to
6an outbreak of a disease caused by the novel Coronavirus
7referred to as COVID-19. African American and Latino households
8in the State are at disproportionate risk of exposure to and
9the contraction of COVID-19 and to economic effects of this
11    On March 9, 2020, the Governor issued a disaster
12declaration proclamation in this State because of the threat of
14    On March 26, 2020, the President of the United States
15declared that a major disaster exists in the State and ordered
16Federal assistance to supplement State, tribal, and local
17recovery efforts in the areas affected by the COVID-19 pandemic
18beginning on January 20, 2020 and continuing.
19    During this emergency and in the interest of protecting the
20public health and preventing transmission of COVID-19, it is
21essential to avoid unnecessary housing displacement to prevent
22housed individuals from falling into homelessness.
23    The State deems it necessary to protect public health,
24life, and property during this declared state of emergency by
25protecting residential tenants, homeowners, and housing
26providers from certain evictions and other hardships during



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1this public health and economic crisis.
2    On April 23, 2020, the Governor issued Executive Order
32020-30, in part, because the ongoing public health emergency
4required further action to prevent the commencement of
5residential eviction proceedings. On April 30, 2020, the
6Governor issued Executive Order 2020-33, which amended
7Executive Order 2020-30 to continue the prohibition on the
8enforcement of residential eviction actions, and the
9prohibitions on commencement of residential eviction actions
10and the enforcement of residential eviction orders in Executive
11Order 2020-33 have been extended, with some changes, by
12subsequent Executive Orders. As, however, the Governor may only
13enact and extend these moratoria by 30-day intervals, enacting
14an extended moratorium by legislation is necessary to provide
15additional protection and certainty, though nothing in this
16Section should be interpreted to rebut the Governor's ability
17to enact or extend a moratorium or the like by Executive Order,
18as permitted by Law.
19    (a-5) As used in this Section:
20    "Covered person" means any tenant, lessee, sublessee, or
21resident of a residential property who provides to his or her
22landlord, the owner of the residential property, or other
23person or entity with a legal right to pursue an eviction or
24possessory action, a declaration under penalty of perjury
25indicating 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
20occupies the residential property if no individuals in the
21household have had a verbal or written rental agreement at any
22time for the subject property.
23    "COVID-19 related financial hardship" means any negative
24financial impact on an individual or household because of
25COVID-19 and associated governmental orders, including: loss
26of income, furlough, hour reduction or other interruption to



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1employment due to workplace, school, and other facility
2closures; or increased household, child care, health care, or
3other expenses.
4    "Declaration", "COVID-19 hardship declaration", or
5"COVID-19 declaration" means the form declaration made
6available by the Illinois Housing Development Authority, or a
7similar declaration under penalty of perjury, that tenants of
8residential properties who are covered by this Section may use
9to invoke the protections of this Section.
10    "Dwelling unit" means a building, structure, or part of a
11building or structure or land appurtenant to a building or, a
12unit or lot of a manufactured home as defined in Section 3 of
13the Mobile Home Landlord and Tenant Rights Act, or other
14residential real estate used or held out for human habitation,
15together with all common areas and storage areas held out for
16use by the resident.
17    "Eviction" or "to evict" means using any judicial or
18nonjudicial means to involuntarily remove a residential tenant
19from 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
4entered in an eviction that directs or authorizes the removal
5of a residential tenant from a dwelling unit. "Eviction order"
6or "order of eviction" does not include an order entered to
7remove a resident who is the perpetrator of violence in order
8to protect another resident or tenant from domestic violence,
9sexual violence, dating violence, or stalking. "Eviction
10order" or "order of eviction" does not include an order
11restoring a resident to possession of the dwelling unit.
12    "Eviction notice" means any notice directing a residential
13tenant to vacate the dwelling unit or premises or otherwise
14purporting to terminate a tenancy.
15    "Landlord" means an owner of record, agent, lessor,
16sublessor, court-appointed receiver or master, mortgagee in
17possession, or the successor in interest of any of them of a
18dwelling unit or the building of which it is a part and any
19person authorized to exercise any aspect of the management of
20the premises. "Landlord" includes any person who directly or
21indirectly receives rents and has no obligation to deliver the
22whole of the receipts to another person. "Landlord" also
23includes the owner of a mobile home park.
24    "Nondiscretionary expenses" include, but are not limited
25to, food, utilities, phone and internet access, school
26supplies, cold-weather clothing, medical expenses, childcare,



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1and transportation costs, including car payments and
3    "Premises" means the dwelling unit and the building or
4structure of which it is a part, facilities and appurtenances
5therein, and grounds, areas, and facilities held out for the
6use of residents.
7    "Rental agreement" means every letting or lease, whether by
8written or verbal agreement, of a dwelling unit or small
9business commercial premises.
10    "Residential eviction action" means any judicial or
11administrative proceeding that seeks recovery of possession of
12a residential dwelling unit from a tenant, lessee, sublessee,
13or resident.
14    "Residential tenant" or "tenant" means a person entitled by
15written or verbal agreement, subtenancy approved by the
16landlord, or by sufferance to occupy a dwelling unit to the
17exclusion of others. "Residential tenant" or "tenant" includes
18persons referred to as a lessee, sublessee, and members of a
19tenant's household occupying the dwelling unit.
20    (b) A landlord or lessor may not commence a residential
21eviction action pursuant to or arising under this Article
22against 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
18eviction action pursuant to or arising under this Article
19against any tenant, lessee, sublessee, or resident who does not
20owe rent unless the landlord or lessor pleads with specificity
21that 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
6he or she is covered by this Section.
7    (d) If upon review the court determines that the landlord
8or lessor fails to meet the requirements set forth in either
9subsection (b) or (c), the court shall issue an order
10dismissing the action, without prejudice, and sealing the
11record if not previously sealed by the court. If the court
12finds that a landlord or its attorney knowingly filed an action
13contrary to this Section, the court, in its discretion, may
14order the case dismissed with prejudice and award attorney's
15fees, if any, to the tenant.
16    (e) If, upon review, the court determines that the landlord
17or 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
20declaration on a landlord or lessor after the commencement of a
21residential eviction action pursuant to or arising under this
22Article. If the tenant serves the completed declaration on the
23landlord or lessor after the landlord has filed the action, the
24Court shall stay the eviction proceeding until this Section
25becomes inoperative.
26    (g) A landlord shall not file an action based on an



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1allegation arising under paragraph (1) of subsection (b) unless
2the landlord has previously served the tenant with a notice to
3quit pursuant to Section 9-210. If a landlord files an eviction
4action based on allegations arising under paragraph (1) of
5subsection (b), the landlord may file a single count complaint
6for possession only and shall not join with it a claim for rent
7pursuant to Section 9-106. This Section does not affect the
8landlord's ability to claim past due rent in a separate civil
10    (h) When the landlord or lessor provides each tenant with a
11declaration, the landlord or lessor shall also serve the plain
12language cover sheet prepared by the Illinois Housing
13Development Authority. If the landlord or lessor knows that the
14tenant primarily communicates in a language other than English,
15the landlord shall serve a version of the form declaration and
16plain language cover sheet in the language primarily used by
17the household. The Illinois Housing Development Authority
18shall prepare and make available on its website the form
19declaration and plain language cover sheet in English and
20Spanish through at least August 1, 2021.
21    (i) All State, county, and local law enforcement officers
22in the State are instructed to cease enforcement of orders of
23eviction for residential premises, unless the tenant of the
24residential property has been found by a court of law to be
25subject 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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1action under this Section later files an eviction at the
2conclusion of this moratorium, the landlord may join with its
3claim for an eviction order and for rent a claim that the
4tenant committed perjury by filing a false declaration. The
5tenant shall have a rebuttable presumption that his or her
6declaration was truthful. If the landlord rebuts this
7presumption with clear and convincing evidence, the court shall
8enter judgment in the amount of the landlord's actual damages.
9If the court determines the tenant knowingly committed perjury,
10the court may enter such other sanctions as it deems just.
11    (k) Nothing in this Section shall be construed as relieving
12any individual of the obligation to pay rent or comply with any
13other obligation that an individual might have pursuant to a
14lease or rental agreement.
15    (l) Nothing in this Section shall be construed as a
16prohibition, limitation, or any other restriction on the
17Governor's authority pursuant to the Illinois Emergency
18Management Agency Act.
19    (m) This Section shall not be construed to preempt any home
20rule unit ordinance or local court order providing tenants
21similar protections so long as it is not in conflict and no
22less restrictive than the provisions provided herein.
23    (n) This Section is inoperative on and after August 1,
25    (735 ILCS 5/15-1513 new)



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1    Sec. 15-1513. Temporary COVID-19 stay of judicial sales,
2orders of possession.
3    (a) Notwithstanding Section 15-1507, no judicial
4foreclosure sale shall be held between the effective date of
5this Section and July 31, 2021. Any judicial foreclosure sale
6pending as of the effective date of this Section shall be
7cancelled and renoticed for a date after July 31, 2021.
8    (b) Notwithstanding subsection (g) of Section 15-1508, no
9order of possession pursuant to a confirmation of judicial
10foreclosure sale shall be entered by a court, placed with a
11sheriff for execution, or executed by a sheriff until a date
12after July 31, 2021.
13    (c) This Section applies to any action to foreclose a
14mortgage relating to residential real estate, which, as used in
15this Section, includes any real estate except a single tract of
16agricultural real estate consisting of more than 40 acres, that
17is improved with a single family residence or residential
18condominium units or a multiple dwelling structure containing
19single family dwelling units for 6 or fewer families living
20independently of each other, except that this Section does not
21apply in cases in which the plaintiff establishes by competent
22proof 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
25foreclosure proceedings and filings.



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1    (a) This Section applies to any action to foreclose a
2mortgage relating to residential real estate, which, as used in
3this Section, includes any real estate except a single tract of
4agricultural real estate consisting of more than 40 acres, that
5is improved with a single family residence or residential
6condominium units or a multiple dwelling structure containing
7single family dwelling units for 6 or fewer families living
8independently of each other, except that this Section does not
9apply in cases in which the plaintiff establishes by competent
10proof that the subject real property is vacant or abandoned. As
11used in this Section, "residential real estate" includes shares
12assigned to a unit in a residential cooperative.
13    (b) Any action to foreclose a mortgage pending on the
14effective date of this amendatory Act of the 101st General
15Assembly, including actions filed on or before March 9, 2020,
16or commenced within 30 days of the effective date of this
17amendatory Act of the 101st General Assembly, shall be stayed
18until May 1, 2021.
19    (c) No court shall accept for filing any action to
20foreclose a mortgage before May 1, 2021.
21    (d) All deadlines related to any pending foreclosure
22proceeding on the effective date of this Section, including the
23running of any redemption period, are tolled until May 1, 2021.
24    (e) If any clause, sentence, paragraph, subsection, or part
25of this Section shall be adjudged by any court of competent
26jurisdiction to be invalid and after exhaustion of all further



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1judicial review, the judgment shall not affect, impair, or
2invalidate the remainder thereof, but shall be confined in its
3operation to the clause, sentence, paragraph, subsection, or
4part of this Section directly involved in the controversy in
5which the judgment shall have been rendered.
6    Section 10-10. The Condominium Property Act is amended by
7adding Section 36 as follows:
8    (765 ILCS 605/36 new)
9    Sec. 36. Temporary COVID-19 restriction on remedies for
10failure to pay assessments or rent.
11    (a) Notwithstanding any provision of this Act or any other
12provision of law, when a unit owner or residential tenant has a
13COVID-19 related financial hardship and submitted to the board
14a COVID-19 declaration, as those terms are defined in Section
159-123 of the Code of Civil Procedure, the board of managers of
16a 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
23Practices 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
3violates the Automotive Repair Act, the Automotive Collision
4Repair Act, the Home Repair and Remodeling Act, the Dance
5Studio Act, the Physical Fitness Services Act, the Hearing
6Instrument Consumer Protection Act, the Illinois Union Label
7Act, the Installment Sales Contract Act, the Job Referral and
8Job Listing Services Consumer Protection Act, the Travel
9Promotion Consumer Protection Act, the Credit Services
10Organizations Act, the Automatic Telephone Dialers Act, the
11Pay-Per-Call Services Consumer Protection Act, the Telephone
12Solicitations Act, the Illinois Funeral or Burial Funds Act,
13the Cemetery Oversight Act, the Cemetery Care Act, the Safe and
14Hygienic Bed Act, the Illinois Pre-Need Cemetery Sales Act, the
15High Risk Home Loan Act, the Payday Loan Reform Act, the
16Mortgage Rescue Fraud Act, subsection (a) or (b) of Section
173-10 of the Cigarette Tax Act, subsection (a) or (b) of Section
183-10 of the Cigarette Use Tax Act, the Electronic Mail Act, the
19Internet Caller Identification Act, paragraph (6) of
20subsection (k) of Section 6-305 of the Illinois Vehicle Code,
21Section 11-1431, 18d-115, 18d-120, 18d-125, 18d-135, 18d-150,
22or 18d-153 of the Illinois Vehicle Code, Article 3 of the
23Residential Real Property Disclosure Act, the Automatic
24Contract Renewal Act, the Reverse Mortgage Act, Section 25 of
25the Youth Mental Health Protection Act, Section 9-121 of the



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1Code of Civil Procedure, the Personal Information Protection
2Act, or the Student Online Personal Protection Act commits an
3unlawful 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,
5eff. 7-28-16; 100-315, eff. 8-24-17; 100-416, eff. 1-1-18;
6100-863, eff. 8-14-18.)
Article 99.

8    Section 99-99. Effective date. This Act takes effect upon
9becoming law.".