Language ReleasedUPDATE: the notice has been released and we are suggesting that landlords also serve the tenant notification as well.
On June 17, 2020, the City of Chicago passed the Covid-19 Eviction Protection Ordinance. The law provides that the City’s Department of Housing was to prepare a notice that is supposed to accompany any 5 day notice served in Chicago that is governed by the ordinance. Almost immediately, the City published
UPDATE: This flowchart is now OUT OF DATE and SHOULD NOT BE RELIED UPON.
During the Covid-19 pandemic outbreak, I’ve been asked perhaps thousands of times in one way or another “what rights does a Chicago landlord have right now”? The quick answer is VERY FEW. Nonetheless, such a short answer is trite and unhelpful. So, maybe we can help to clear things up. There are a number of laws, local rules, and orders that are governing the situation for landlords in Chicago right now. I’ve distilled them into a flowchart that might help to untangle the mess.
Governor Pritzker promised an eviction freeze until July 31, 2020 but only delivered with a moratorium until July 26, 2020. Cook County Chief Judge Timothy Evans must have saw that and decided to deliver on the Gov’s promise. On June 26, 2020, he entered General Administrative Order 2020-02. This nine page monster order
Forgive the clickbait (it’s a Monday!). Despite the Governor’s verbal promises on June 17, 2020 to extend his previous ban on the commencement of any residential eviction lawsuit and ban on enforcement of commercial or residential eviction orders to July 31, 2020, the Governor instead enacted Executive Order 2020-44 which extends the authority in Executive … Read more
A few quick notes before the weekendIt was an interesting week on the landlord-tenant law front. Most notably, a group of landlords have filed a complaint against Governor Pritzker and his Executive Orders prohibiting evictions. The folks bringing the complaint appear to have done some homework. Not only are they challenging the Governor’s authority to deny housing providers with access to the court system, they are also arguing that this amounts to a governmental taking and are seeking damages from the State. The lawsuit has
Took them long enough! (Now, where is the Covid-19 Notice the City Requires?)Finally, the people at the City Clerk’s office have made available to the public the official text of the freshly passed into law Chicago Covid-19 Eviction Moratorium ordinance. As discussed on this blog, the new ordinance requires a 7 day negotiating period after a landlord serves a 5 day notice (or any other notice for non-payment of rent) if a tenant notifies the landlord that the tenant experienced a Covid-19 impact.
The full text of the ordinance can be found here. Some language (but not the official form) for the notice has been released
Well, today was a busy day at City Hall. The Governor also got into the act. Here are some quick hits on what happened today.
As expected, today, the City Council passed the Mayor’s Eviction Protection Ordinance. The Ordinance puts a plan in place for 60 days after Governor Pritzker lifts his ban on evictions (Executive Order 2020-30). The City’s press release can be found here.
Shortly thereafter, Governor Pritzker said
UPDATE: the City has released the official text of the ordinance
The Mayor asked you landlords to give tenants some grace. She is now imposing grace upon you. So much for your housing solidarity pledge. Apparently, you landlords can’t be trusted to give grace voluntarily. The City of Chicago Housing Committee met this afternoon (6/15/2020) and after about three hours of debate, passed the Mayor’s Covid-19 “Eviction Protection Ordinance” on to the full City Council for a vote on Wednesday, June 17, 2020 at 10am. This is a new Chicago ordinance that will apply to residential (not commercial) properties. We have what we think is an early copy of the law. So, based on that, let’s take a dive into what is likely to pass into law on Wednesday (6/17/2020).
We’re in Phase 3 – Now what?Unless you’ve haven’t been paying attention for the last week or so, you probably know that the entire State (including Chicago) has now moved into “Phase 3” of the Governor’s Restore Illinois Plan which has been titled as the “Recovery” phase. The Stay at Home portion of Executive Order 32 has been lifted. During Phase 2, as readers of this blog know, landlords were prohibited in any circumstance from performing a showing of any “occupied rental property”. What rules apply now that we are out of Phase 2
Illinois continues eviction shutdown UPDATE: The moratorium is now extended to July 26, 2020. You didn’t think you would get off that easy, did you Mr. Landlord? Nope. As expected, evictions will not resume on Monday of next week. Instead, the governor’s Executive Order 30 prohibiting evictions was extended bay way of Executive Order 39 … Read more