Bill Amendment: IL SB3066 | 2019-2020 | 101st General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: TREASURER-CLERK & RECORD FEES
Status: 2021-01-13 - Session Sine Die [SB3066 Detail]
Download: Illinois-2019-SB3066-House_Amendment_003.html
Bill Title: TREASURER-CLERK & RECORD FEES
Status: 2021-01-13 - Session Sine Die [SB3066 Detail]
Download: Illinois-2019-SB3066-House_Amendment_003.html
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1 | AMENDMENT TO SENATE BILL 3066
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2 | AMENDMENT NO. ______. Amend Senate Bill 3066 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | COVID-19 Emergency and Economic Recovery Renter and Homeowner | ||||||
6 | Protection Act.
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7 | Section 5. Purpose and findings. The purpose of this Act is | ||||||
8 | to protect renters, homeowners, and persons in need of housing, | ||||||
9 | based upon the following findings: | ||||||
10 | International, national, state, and local governments and | ||||||
11 | health authorities are responding to an outbreak of a disease | ||||||
12 | caused by the novel coronavirus referred to as COVID-19. | ||||||
13 | African American and Latino households in the State of | ||||||
14 | Illinois are at disproportionate risk of exposure to and the | ||||||
15 | contraction of COVID-19 and to economic effects of this | ||||||
16 | pandemic. |
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1 | On March 9, 2020, the Governor of the State of Illinois | ||||||
2 | issued a disaster declaration proclamation in Illinois because | ||||||
3 | of the threat of COVID-19. | ||||||
4 | On March 26, 2020, the President of the United States | ||||||
5 | declared that a major disaster exists in the State of Illinois | ||||||
6 | and ordered Federal assistance to supplement State, tribal, and | ||||||
7 | local recovery efforts in the areas affected by the COVID-19 | ||||||
8 | pandemic beginning on January 20, 2020 and continuing. | ||||||
9 | On April 1, 2020, the Governor of the State of Illinois | ||||||
10 | issued a second disaster declaration proclamation in Illinois | ||||||
11 | because of the threat of COVID-19. | ||||||
12 | On April 30, 2020, the Governor of the State of Illinois | ||||||
13 | issued a third disaster declaration proclamation in Illinois | ||||||
14 | because of the threat of COVID-19. | ||||||
15 | The Centers for Disease Control and Prevention and the | ||||||
16 | Illinois Department of Public Health have issued | ||||||
17 | recommendations including, but not limited to, social | ||||||
18 | distancing, staying home if sick, shutting down all | ||||||
19 | nonessential businesses, canceling or postponing large group | ||||||
20 | events, working from home, and other precautions to protect | ||||||
21 | public health and prevent transmission of this communicable | ||||||
22 | virus. | ||||||
23 | Experts predict a vaccine will not be approved for at least | ||||||
24 | a year, and the World Health Organization has stated, "There is | ||||||
25 | currently no evidence that people who have recovered from | ||||||
26 | COVID-19 and have antibodies are protected from a second |
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1 | infection." | ||||||
2 | Because of the public health emergency and the precautions | ||||||
3 | recommended by health authorities, many residents and | ||||||
4 | businesses in the State of Illinois have experienced or expect | ||||||
5 | soon to experience sudden and unexpected income loss. | ||||||
6 | A quarter of this State's workforce is employed in | ||||||
7 | industries directly impacted by the closure of nonessential | ||||||
8 | services as recommended by health authorities, and | ||||||
9 | unemployment claims in this State are exceeding levels from the | ||||||
10 | 2008 Great Recession. | ||||||
11 | Further long-term economic impacts are anticipated, with | ||||||
12 | reliable forecasts of 30% unemployment rate in the second | ||||||
13 | quarter of 2020, leaving residential and commercial tenants | ||||||
14 | vulnerable to eviction and homeowners vulnerable to | ||||||
15 | foreclosure. | ||||||
16 | The Governor of the State of Illinois has stated that | ||||||
17 | individuals exposed to COVID-19 may be temporarily unable to | ||||||
18 | report to work due to illness caused by COVID-19 or quarantines | ||||||
19 | related to COVID-19 and individuals directly affected by | ||||||
20 | COVID-19 may experience potential loss of income, health care | ||||||
21 | and medical coverage, and ability to pay for housing and basic | ||||||
22 | needs, thereby placing increased demands on already strained | ||||||
23 | regional and local health and safety resources, including | ||||||
24 | shelters and food banks. | ||||||
25 | Before COVID-19, over half of Illinois low-income renters | ||||||
26 | were already rent-burdened, and the rate of underwater |
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1 | mortgages in Illinois was one of the highest in the nation. | ||||||
2 | 31% of adults in a nationally representative sample taken | ||||||
3 | during the pandemic report that they are worried that they | ||||||
4 | cannot pay rent, a mortgage, or utilities. | ||||||
5 | During this emergency and in the interest of protecting the | ||||||
6 | public health and preventing transmission of COVID-19, it is | ||||||
7 | essential to avoid unnecessary housing displacement to prevent | ||||||
8 | housed individuals from falling into homelessness. | ||||||
9 | On March 20, 2020, the Governor issued Executive Order | ||||||
10 | 2020-10, which instructed authorities to cease enforcement of | ||||||
11 | orders for residential evictions. | ||||||
12 | On March 18, 2020, the Illinois Commerce Commission | ||||||
13 | required all private water, electric, and natural gas utilities | ||||||
14 | in Illinois to suspend service disconnections, waive | ||||||
15 | late-payment penalties, and implement temporary flexible | ||||||
16 | credit and payment procedures to ensure all customers remain | ||||||
17 | connected to essential utility service. | ||||||
18 | On April 23, 2020, the Governor issued Executive Order | ||||||
19 | 2020-30, which further prohibited persons and entities from | ||||||
20 | commencing residential eviction actions in most cases and | ||||||
21 | ceasing the enforcement of eviction orders for most | ||||||
22 | nonresidential premises. | ||||||
23 | Unpaid rent, late fees, and court costs are currently | ||||||
24 | accruing against residential and commercial tenants and will be | ||||||
25 | demanded by landlords after the expiration of the emergency | ||||||
26 | period. |
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1 | Public health is endangered if tenants will face immediate | ||||||
2 | demand for the entire sum after the emergency period expires, | ||||||
3 | the courts are clogged with thousands of additional eviction | ||||||
4 | court filings, tenants leave their homes and enter into | ||||||
5 | homelessness in order to avoid an eviction filing, resulting in | ||||||
6 | a chaotic displacement process. | ||||||
7 | Involuntary displacement caused by an eviction interrupts | ||||||
8 | a child's education, causing the child to have lower school | ||||||
9 | achievement and delayed literacy skills and be more likely to | ||||||
10 | be truant, threatens the child's social and emotional security, | ||||||
11 | and adversely impacts families in the form of stress and | ||||||
12 | exposure to substandard housing with environmental hazards. | ||||||
13 | The State of Illinois needs to ensure that returning | ||||||
14 | citizens have fair and equitable access to housing, that | ||||||
15 | persons who have or who are perceived to have COVID-19 are | ||||||
16 | protected from housing discrimination, and that renters and | ||||||
17 | homeowners cannot be discriminated against for relying upon | ||||||
18 | third-party sources of financial support to pay their rent and | ||||||
19 | mortgages. | ||||||
20 | The State of Illinois deems it necessary to protect public | ||||||
21 | health, life, and property during this declared state of | ||||||
22 | emergency by protecting small business commercial and | ||||||
23 | residential tenants and homeowners from certain evictions and | ||||||
24 | foreclosures and other hardships during this public health and | ||||||
25 | economic crisis.
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1 | Section 10. Definitions. Unless the context clearly | ||||||
2 | indicates otherwise, as used in this Act: | ||||||
3 | "COVID-19 related hardship" means any negative financial | ||||||
4 | impact on an individual or household because of COVID-19 and | ||||||
5 | associated governmental orders, including: loss of income, | ||||||
6 | furlough, hour reduction or other interruption to employment | ||||||
7 | due to workplace, school, and other facility closures; or | ||||||
8 | increased household, child care, health care, or other | ||||||
9 | expenses. | ||||||
10 | "Dwelling unit" means a building, structure, or part of a | ||||||
11 | building or structure or land appurtenant to a building or | ||||||
12 | structure, a unit or lot of a manufactured home as defined in | ||||||
13 | Section 3 of the Mobile Home Landlord and Tenant Rights Act, or | ||||||
14 | other residential real estate used or held out for human | ||||||
15 | habitation, together with all common areas and storage areas | ||||||
16 | held out for use by the resident. | ||||||
17 | "Eviction" or "to evict" means using any judicial or | ||||||
18 | nonjudicial means to involuntarily remove a resident or small | ||||||
19 | business commercial tenant from a dwelling unit or a small | ||||||
20 | business commercial premises, including, but not limited to: | ||||||
21 | (1) issuing an eviction notice or other notice to | ||||||
22 | terminate a tenancy; | ||||||
23 | (2) filing, serving, or other otherwise initiating a | ||||||
24 | judicial eviction action; | ||||||
25 | (3) prosecuting a pending eviction action, other than | ||||||
26 | as necessary to request a continuance or suspension of the |
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1 | matter or to comply with an order of the tribunal; or | ||||||
2 | (4) seeking or causing any order for the physical | ||||||
3 | eviction of a resident or small business commercial tenant | ||||||
4 | to be executed. | ||||||
5 | "Eviction action" means any judicial or administrative | ||||||
6 | proceeding that seeks recovery of possession of a dwelling unit | ||||||
7 | or small business commercial premises from a resident or small | ||||||
8 | business commercial tenant. | ||||||
9 | "Eviction order" means any order entered in an eviction | ||||||
10 | action that directs or authorizes the removal of a resident or | ||||||
11 | small business commercial tenant from a dwelling unit or a | ||||||
12 | small business commercial premises. "Eviction order" does not | ||||||
13 | include an order entered to remove a resident who is the | ||||||
14 | perpetrator of violence in order to protect another resident or | ||||||
15 | tenant from domestic violence, sexual violence, dating | ||||||
16 | violence, or stalking. "Eviction order" does not include an | ||||||
17 | order restoring a resident to possession of the dwelling unit | ||||||
18 | entered under subsection (h) of Section 15. | ||||||
19 | "Eviction notice" means any notice directing a resident or | ||||||
20 | small business commercial tenant to vacate the dwelling unit or | ||||||
21 | small business commercial premises or otherwise purporting to | ||||||
22 | terminate a tenancy. | ||||||
23 | "Fund" means the Residential Housing Relief Fund created | ||||||
24 | under Section 20. | ||||||
25 | "IHDA" or "Department" means the Illinois Housing | ||||||
26 | Development Authority. |
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1 | "Landlord" means an owner of record, agent, lessor, | ||||||
2 | sublessor, court-appointed receiver or master, mortgagee in | ||||||
3 | possession, or the successor in interest of any of them of a | ||||||
4 | dwelling unit or the building of which it is a part and any | ||||||
5 | person authorized to exercise any aspect of the management of | ||||||
6 | the premises. "Landlord" includes any person who directly or | ||||||
7 | indirectly receives rents and has no obligation to deliver the | ||||||
8 | whole of the receipts to another person. "Landlord" also | ||||||
9 | includes the owner of a mobile home park. | ||||||
10 | "Premises" means the dwelling unit and the building or | ||||||
11 | structure of which it is a part, facilities and appurtenances | ||||||
12 | therein, and grounds, areas, and facilities held out for the | ||||||
13 | use of residents. | ||||||
14 | "Rental agreement" means every letting or lease, whether by | ||||||
15 | written or verbal agreement, of a dwelling unit or small | ||||||
16 | business commercial premises. | ||||||
17 | "Residential landlord" means an owner of record, agent, | ||||||
18 | lessor, sublessor, court-appointed receiver or master, | ||||||
19 | mortgagee in possession, or the successor in interest of any of | ||||||
20 | them of a dwelling unit or the building of which it is a part, | ||||||
21 | and any person authorized to exercise any aspect of the | ||||||
22 | management of the premises. "Residential landlord" includes | ||||||
23 | any person who directly or indirectly receives rents and has no | ||||||
24 | obligation to deliver the whole of the receipts to another | ||||||
25 | person. "Residential landlord" also includes the owner of a | ||||||
26 | mobile home park. |
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1 | "Residential tenant" or "tenant" means a person entitled by | ||||||
2 | written or verbal agreement, subtenancy approved by the | ||||||
3 | landlord, or by sufferance to occupy a dwelling unit to the | ||||||
4 | exclusion of others. "Residential tenant" includes members of a | ||||||
5 | tenant's household occupying the dwelling unit. | ||||||
6 | "Small business commercial premises" means any parcel of | ||||||
7 | real property that is developed and used either in part or in | ||||||
8 | whole for commercial purposes by a business that is not a part | ||||||
9 | of a multinational corporation and that has less than 25 | ||||||
10 | employees. | ||||||
11 | "Small business commercial tenant" means a commercial | ||||||
12 | tenant that is not a part of a multinational corporation and | ||||||
13 | that has less than 25 employees.
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14 | Section 15. Moratorium on residential and small business | ||||||
15 | commercial premises eviction. | ||||||
16 | (a) There is hereby declared a moratorium on evictions from | ||||||
17 | residential and small business commercial premises in this | ||||||
18 | State that shall remain in effect for 60 days after the | ||||||
19 | effective date of this Act. | ||||||
20 | (b) Except as provided in subsection (f), during the | ||||||
21 | moratorium: | ||||||
22 | (1) No person or entity shall evict or attempt to evict | ||||||
23 | a residential tenant or small business commercial tenant | ||||||
24 | from a dwelling unit or small business commercial premises. | ||||||
25 | (2) No court shall accept any filing, including a |
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1 | complaint, summons, or motion, other than those authorized | ||||||
2 | under subsection (f), in an eviction action, or hear or | ||||||
3 | decide any matter, or enter a judgment in favor of the | ||||||
4 | plaintiff for eviction, rent, or other remedies that may | ||||||
5 | have otherwise been permitted by law. | ||||||
6 | (3) No sheriff, local law enforcement officer, or any | ||||||
7 | other person or entity may serve process or attempt to | ||||||
8 | serve process for an eviction action. | ||||||
9 | (c) Any eviction notice issued on or after March 9, 2020 | ||||||
10 | through the date on which the moratorium expires is invalid and | ||||||
11 | shall not be deemed to have terminated the residential or small | ||||||
12 | business commercial tenancy, except in an action commenced | ||||||
13 | under subsection (f) or in a pending eviction actions filed on | ||||||
14 | or before April 22, 2020. | ||||||
15 | (d) (Blank). | ||||||
16 | (e) Any deadline or period for action by a party to an | ||||||
17 | eviction action commenced before the effective date of this | ||||||
18 | Act, including the time to appeal a judgment, is tolled during | ||||||
19 | the moratorium. | ||||||
20 | (f) This moratorium does not prevent a residential landlord | ||||||
21 | from taking any legal action to protect other residential | ||||||
22 | tenants by evicting or otherwise barring from the premises any | ||||||
23 | person who poses a credible threat of violence to other | ||||||
24 | residential tenants at the premises. | ||||||
25 | (g) (Blank). | ||||||
26 | (h) Any residential or small business commercial tenant |
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1 | dispossessed of a dwelling unit or small business commercial | ||||||
2 | premises in violation of subsection (b) may bring an action in | ||||||
3 | a court of competent jurisdiction to regain possession of the | ||||||
4 | dwelling unit or small business commercial premises. Such a | ||||||
5 | claim shall constitute an emergency and shall be scheduled by | ||||||
6 | the court for a hearing as soon as practicable. | ||||||
7 | (i) In any action pending or commenced after expiration of | ||||||
8 | the moratorium, a residential landlord may not maintain any | ||||||
9 | eviction action based on the nonpayment of rent that first | ||||||
10 | became due on or after March 9, 2020 through the expiration of | ||||||
11 | the moratorium, late fees, or any other fee or cost associated | ||||||
12 | with such nonpayment, nor may any residential landlord issue an | ||||||
13 | eviction notice demanding such rent or fees. | ||||||
14 | (j) Nothing in this Section prohibits: | ||||||
15 | (1) a residential or small business commercial tenant | ||||||
16 | from terminating a rental agreement in a manner otherwise | ||||||
17 | prescribed by contract or law; | ||||||
18 | (2) the termination of a residential or small business | ||||||
19 | commercial rental agreement by mutual agreement; or | ||||||
20 | (3) a landlord from bringing a claim for rent due in | ||||||
21 | the manner described in Illinois Supreme Court Rules 281 | ||||||
22 | through 289. | ||||||
23 | (k) Any eviction action may be sealed if the tenant shows a | ||||||
24 | COVID-19 related hardship or the interests of justice outweigh | ||||||
25 | the interests of the public in viewing the court file. | ||||||
26 | (l) Any eviction proceeding against a tenant who applies |
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1 | for relief under Section 20 of this Act shall be stayed from | ||||||
2 | the date that his or her application is submitted, for the time | ||||||
3 | that his or her application is pending and being considered by | ||||||
4 | the Department.
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5 | Section 20. Residential Housing Relief Fund. | ||||||
6 | (a) Within 30 days of this Act becoming law, the Illinois | ||||||
7 | Housing Development Authority shall establish a Residential | ||||||
8 | Housing Relief Fund, to provide assistance to: | ||||||
9 | (1) Residential landlords and residential tenants in | ||||||
10 | order to preserve the tenancy by covering certain rental | ||||||
11 | amounts due from residential tenants unable to pay rent | ||||||
12 | because they are experiencing a COVID-19 related hardship | ||||||
13 | and are at risk of homelessness. | ||||||
14 | (2) Residential tenants experiencing a COVID-19 | ||||||
15 | related hardship who need to move and have demonstrated a | ||||||
16 | financial need for funds to cover expenses, including, but | ||||||
17 | not limited to, the first month's rent or a security | ||||||
18 | deposit, or both. | ||||||
19 | (3) Homeowners who have demonstrated that they are | ||||||
20 | unable to make mortgage payments, after exhausting all | ||||||
21 | forbearance options available. | ||||||
22 | (b) IHDA shall allocate available funds to homeowners, | ||||||
23 | residential landlords, and residential tenants and establish | ||||||
24 | further administrative requirements on the application for and | ||||||
25 | the distribution of these funds as is necessary. |
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1 | (c) In accordance with existing eligibility and other | ||||||
2 | funding requirements, available funds shall be prioritized as | ||||||
3 | follows: | ||||||
4 | (1) qualified residential tenants at 50% or below of | ||||||
5 | the median family income for the area of the local | ||||||
6 | administering agency unable to make rental payments; | ||||||
7 | (2) qualified residential tenants who are not eligible | ||||||
8 | for federal funds and who are unable to make rental | ||||||
9 | payments; | ||||||
10 | (3) qualified residential tenants at imminent risk of | ||||||
11 | or who are experiencing homelessness because they are | ||||||
12 | unable to make rental payments; and | ||||||
13 | (4) homeowners who are unable to make mortgage | ||||||
14 | payments, after exhausting all forbearance options | ||||||
15 | available. | ||||||
16 | (d) Application for residential housing relief funds. | ||||||
17 | (1) A landlord, tenant, or homeowner may apply for such | ||||||
18 | funds in accordance with the application requirements | ||||||
19 | established by IHDA. The funds shall go to the landlord or | ||||||
20 | the mortgagee. | ||||||
21 | (2) A landlord must apply for funds under this Section | ||||||
22 | before bringing a claim for rent, including under Illinois | ||||||
23 | Supreme Court Rules 281 through 289. Once an application | ||||||
24 | for funds is completed, the landlord may not bring a claim | ||||||
25 | for rental debt owed during the moratorium for the tenant's | ||||||
26 | use and occupancy of the dwelling unit pursuant to Illinois |
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1 | Supreme Court Rules 281 through 289 until the application | ||||||
2 | is denied. | ||||||
3 | (e) Receipt of residential housing relief funds. | ||||||
4 | (1) Landlords who receive such funds cannot charge or | ||||||
5 | otherwise collect rent or other fees to residential tenants | ||||||
6 | due during the term of the moratorium or report residential | ||||||
7 | tenants to a debt collector. | ||||||
8 | (2) Landlords must in good faith cooperate with and | ||||||
9 | complete all requirements established by IHDA, including | ||||||
10 | any agreements to maintain the residential tenant's | ||||||
11 | tenancy. | ||||||
12 | (3) Landlords cannot refuse to accept funds from or on | ||||||
13 | behalf of tenants from the Residential Housing Relief Fund | ||||||
14 | on the basis that the tenants' funds come from the | ||||||
15 | Residential Housing Relief Fund. | ||||||
16 | (4) Landlords who violate paragraph (1), (2), or (3) of | ||||||
17 | this subsection (e) may be subject to recapture of any | ||||||
18 | received Residential Housing Relief Fund dollars by IHDA | ||||||
19 | without penalty to the residential tenant. | ||||||
20 | (f) The Residential Housing Relief Fund is created as a | ||||||
21 | special fund
in the State treasury. Subject to appropriation, | ||||||
22 | all money in the fund shall
be distributed to the Department to | ||||||
23 | carry out the purposes of this Act. Any
repayments, interest, | ||||||
24 | or new appropriations shall be deposited into the fund.
Money | ||||||
25 | in the fund shall not be subject to transfer to the General | ||||||
26 | Revenue Fund
or to any other fund. Federal funds made available |
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1 | to the states as a result of
the COVID-19 pandemic may be | ||||||
2 | deposited into the fund. It is the intent of the
General | ||||||
3 | Assembly to prioritize the use of available federal funds | ||||||
4 | before using
General Revenue funds. | ||||||
5 | (g) This Section is subject to appropriation.
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6 | Section 25. Eviction provisions preempted. For the | ||||||
7 | duration of this Act, Article IX of the Code of Civil Procedure | ||||||
8 | is preempted only to the extent that any of its provisions | ||||||
9 | conflict with any provision of this Act.
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10 | Section 30. Conflict with federal law. Nothing with respect | ||||||
11 | to this Act conflicts with or is intended to conflict with | ||||||
12 | federal law.
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13 | Section 35. Repeal. Sections 5, 10, 15, 25, and 30 are | ||||||
14 | repealed on January 1, 2021.
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15 | Section 90. The State Finance Act is amended by adding | ||||||
16 | Section 5.930 as follows:
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17 | (30 ILCS 105/5.930 new) | ||||||
18 | Sec. 5.930. The Residential Housing Relief Fund.
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19 | Section 99. Effective date. This Act takes effect upon | ||||||
20 | becoming law.".
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