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_005.html
Bill Title: TREASURER-CLERK & RECORD FEES
Status: 2021-01-13 - Session Sine Die [SB3066 Detail]
Download: Illinois-2019-SB3066-House_Amendment_005.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 | "Article 5. | ||||||
5 | Section 5-1. Short title. This Act may be cited as the | ||||||
6 | COVID-19 Federal Emergency Rental Assistance Program Act.
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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.
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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.
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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.
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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.
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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.
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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.
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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:
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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
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9 | under seal is clearly in the interests of justice, and that
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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.
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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 .)
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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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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) |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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:
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.".
|