07/07/2021
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The Supreme Court has allowed for the CDC Eviction moratorium to remain in place until July 31, 2021. HUD estimated that there were over 6 million tenants who were behind in their rent as of March 2021 (though President Biden cited 14 million on Inauguration Day last January). The State of Illinois has enacted its own eviction moratorium that somewhat mirrored the CDC moratorium in its effective dates, but the state could possibly extend the moratorium if the state identifies an emergency. Under the current moratorium, it applies only to those who are identified as "covered persons" for which there are four (4) qualifications. If the person is not considered a "covered person," then the moratorium does not apply. Any landlords with tenants that have not paid rent, and are not "covered persons" under the Illinois moratorium, may be able to initiate your eviction suits now if you have first served the tenant with a moratorium declaration form at least five (5) days prior to the service of a notice for termination of tenancy.
However, if you own a property in Chicago, the City Council recently approved a "COVID 19 Eviction Protection Ordinance." This ordinance allows for a seven (7) day "cooling off period" for renters who have been served with a five (5) day notice for termination of tenancy based upon the failure to pay rent and who provide the landlord with a notice that the inability to pay rent is directly related to the pandemic (but they must be able to prove it). Make sure that you speak to experienced landlord/tenant attorneys to ensure that you comply with all the requirements of the various laws related to the eviction moratoriums.
Chief Justice John Roberts and Justice Brett Kavanaugh join the court’s liberals to save the moratorium, which is to expire at the end of July.
