When Can Landlords Start Evictions Again

Know Your Rights: COVID 19 Eviction Protection Ordinance (Expired)

Updated Jan. 10, 2022

The provisions of the COVID-19 Eviction Protection Ordinance no longer utilize to new eviction cases as of Dec. 2, 2021. Nevertheless, the tenant protections and remedies all the same apply to cases concerning tenancies that were terminated during the dates the ordinance was in outcome: Oct. 3, 2021 to December. two, 2021.

In June 2020, City Quango approved the COVID-19 Eviction Protection Ordinance, providing additional eviction protections to tenants who inform their landlords in writing of their inability to pay their hire due to a "COVID-nineteen Bear on." An subpoena to the ordinance was passed by Metropolis Council in July 2021.

The ordinance was in outcome for the 60 days after Gov. J.B. Pritzker's Executive Society limiting evictions for those impacted past COVID-xix expired onOct. 3, 2021.

A COVID-19 Touch on tin be claimed when a tenant or some other household member:

• Is laid-off from piece of work
• Has their hours at piece of work reduced
• Has to isolate or quarantine because of COVID-xix diagnosis or possible exposure
• Has to intendance for someone else affected past COVID-xix

What Landlords Demand to Know and Do

1. Landlords who upshot 5-day notices of eviction for nonpayment must include a discover informing tenant of their rights under the COVID-19 Eviction Protection Ordinance.
2. Required Landlord Notice to Tenant (.pdf)
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Landlords who receive a Tenant Notice of COVID-19 Impact andtake not applied for emergency rental assist funds from either the city or state must register with the Department of Housing (DOH) no afterward than the fifth day subsequently issuing a five-twenty-four hours observe of termination of tenancy.

3. Landlords that practise not come to an agreement with a tenant afterwards the negotiation catamenia ends and file an action with the Circuit Court to evict the tenant for nonpayment, must file an affidavit with the action affirming (1) reasonable attempts to contact the tenant and negotiate in good faith faith and, (2) that the landlord registered for the Emergency Rental Assistance Program or similar plan offered by the land or county.

Template Affidavit Confirming Landlord Compliance with COVID-19 Eviction Protection Ordinance (CEPO) (.physician)

What Impacted Tenants Need to Know and Practice

Chicago residential tenants who have lost income as a directly or indirect result of the COVID-nineteen pandemic should notify their landlords in writing inside v days of receiving an eviction notice to farther protect themselves from eviction.

This written notification can take place through letter, email or text bulletin. This tin can be a message as simple every bit "I have been unable to pay rent because I have been financially afflicted by the COVID-19 pandemic." A more formal template is bachelor below.

Tenant to Landlord COVID-19 Template (.doctor)

What Happens Next

1. Tenants who notify their landlords of a COVID-19 Impact volition have the five-twenty-four hour period notice period extended by seven days, for a total of 12 days.
   During the 12-twenty-four hours menses, the landlord must contact the tenant and endeavour to piece of work out with the tenant a plan to avoid eviction .
2. During the 12-day flow, the landlord must contact the tenant and try to work out with the tenant a plan to avert eviction.
   The plan to avoid eviction could include a repayment plan, mediation or arbitration, letting the tenant utilize their security deposit to cover the missed rent, an agreement for the tenant to motion out without the landlord getting an eviction judgment against them, or other arrangements agreed to past the landlord and tenant.

   A repayment plan must give a tenant at to the lowest degree two months to re-pay each month of missed rent, but the landlord and tenant can concur to more time if they choose. The ordinance specifies what interest and fees a landlord can charge on missed hire, how a tenant tin can show the landlord proof of a COVID-19 Impact, and what happens if the landlord and tenant determine to apply the security deposit. Landlords are prohibited from requiring tenants agree to a not-disclosure agreement or waiver of rights related to the condition of the unit every bit function of an understanding.

3. Landlords that received a Tenant Observe of COVID-xix Impact must register with the Metropolis of Chicago's Department of Housing, with some exceptions.
   The purpose of requiring landlords to register is to notify them of the availability of additional rental assistance options as they become available and to provide tenants with admission to additional resources.

   This registration must occur no later than the fifth day afterward issuing a five-day find of termination of tenancy . Landlords who have practical for emergency rental assistance funds from either the city or state are not required to register.
   

4. The ordinance does not require that the landlord and tenant achieve an agreement, but that they brand a good faith effort to practice and then.
   If a landlord does non use good faith to try and piece of work out an organization with the tenant or does not annals with the Section of Housing's Emergency Rental Assist Program, just files an eviction example anyway, the tenant volition have a defense against the eviction.
5. Proof of complying with the City's registration requirement will be required in the event a landlord seeks to file for eviction with the Circuit Court.
   Landlords seeking to adios a tenant and that received a notification of COVID-19 touch on must file an affidavit affirming they attempted adept faith negations with the tenant and registered with the Department of Housing.

   Proof of complying with the registration requirement can be accomplished by screen printouts of the DOH registration or downloads of a previously completed ERAP application, with allowable redactions of individual or personal data.

For more information on conflict resolution, contact the Center for Conflict Resolution at cm@ccrchicago.org or 312-922-6464, ext. 22.

Status of Federal and State Eviction Moratoria

State of Illinois

Gov. J.B. Pritzker has appear that starting Aug. one, 2021 landlords will exist able to file for eviction for nonpayment, and that evictions will non be enforced until October. 3, 2021. Visit the City's Eviction and Lockout Resources page for further information.

Federal (expired)

The Centers for Affliction Control and Prevention (CDC) issued an Eviction Moratorium Social club that temporarily delayed sure evictions in counties experiencing loftier levels of COVID-19 transmissions, provided the tenant met certain eligibility requiremments. On Aug. 26, 2021, the U.S. Supreme Court issued a decision that ended the pandemic-related federal moratorium on residential evictions.

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Source: https://www.chicago.gov/city/en/depts/doh/provdrs/renters/svcs/know-your-rights--covid-19-protection-ordinance.html

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