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Chicago/Illinois Eviction Moratorium Update

I wanted to update everyone on where things are at with Rental Eviction Moratorium here in Chicago and the surrounding suburbs here in Illinois.  As of the date posted this is the most up to date information available.  

  • Illinois Moratorium - Governor Pritzker has the statewide moratorium that will run through October 19, 2020.

  • City Of Chicago - The City Of Chicago has a citywide moratorium that will extend 60 days past the expiration of the state.  As that sits today this will run through December 19, 2020

  • Centers For Disease Control(CDC) - This nation wide band by the CDC will go until December 31, 2020

With almost two dozen having their statewide eviction moratorium expiring, the White House utilized their power with the CDC to put this federal moratorium in place.  Although most tenants will qualify under the CDC, there is specific criteria around the federal ban on evictions that a tenant must meet to be covered.

  1. Best Efforts Made For Assistance - The tenant must have used their "best efforts" to first obtain all available government assistance for rent or housing. This can include unemployment and any other local rental or federal assistance funding that has been made available to tenants.  

  2. Income Level - The tenant can expect to make no more than $99,000 in income as an individual or $198,000 if married or filing a joint tax return in the 2020 calendar year. They can also qualify if they were not required to file a tax return in 2019 or received a stimulus check as part of the CARES Act earlier this year.

  3. Substantial Loss of Income - They are unable to pay the full amount of rent due to experiencing a "substantial" loss of income, or because they were laid off or had to pay "extraordinary" medical expenses.

  4. Can Show Effort To Work With Landlord - They are using their "best efforts" to continue making at least partial rent payments as close to the full amount as possible, taking into account other non discretionary expenses.

  5. Result of Displacement - Eviction would "likely" make them either homeless or force them to move into a shared living situation, where they could potentially get sick or spread the virus to others.

Some states and cities may continue to have assistance programs in place. State and local municipalities might also continue to have a moratorium in place providing the same or better level protection, in which case the local rules would apply over the federal rules.

We do understand the need to have protection for tenants during this crazy year but we hope Landlords are doing all they can to help or be flexible with tenants truly affected by the fall out of this Pandemic.  

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Where these laws and regulations make landlords mad is for the percentage of tenants taking advantage of the scenario.  An example of this is when a tenant can pay their rent but refuses to do so because they feel the landlord has no resource against them.  

If you have a tenant trying to take advantage of these moratoriums then reach out to us and we can help advise you on what options you have.  

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