Supreme Court eviction order extended to coincide with governor’s
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[September 22, 2021]
By JERRY NOWICKI
Capitol News Illinois
SPRINGFIELD – The Illinois Supreme Court on
Tuesday extended its order limiting judgements in certain eviction cases
to Oct. 3, putting it in line with the governor’s latest executive
The only thing changed in the Supreme Court order was the date it is set
to expire, from Sept. 18 to Oct. 3. It still prevents dispositive
motions, trials on the merits or judgments in residential eviction
proceedings against a “covered person.” Eviction cases can otherwise
proceed as normal.
Covered persons include those who expect to earn less than $99,000
individually or $198,000 in a joint filing household, if they’ve
experienced financial hardships due to the COVID-19 pandemic. The tenant
must also certify they are making “best efforts to make timely partial
payments that are as close to the full payment” as “circumstances
An eviction case can be exempt from the order if the landlord can prove
they shared the necessary documentation with the tenant but did not
receive proof that the tenant qualified as a covered person. Landlords
can also seek a judgement if a rental aid application has been denied or
if the tenant refused to apply for one.
In a news release, the court said the extension will allow more renters
to apply for aid through a court-based rental assistance program which
launched earlier this month and received $60 million in funding.
That program would allow a tenant to receive up to 12 months of past-due
rent and three months in future rent, provided they can prove a loss of
income due to COVID-19.
The Supreme Court has required that any summons in an eviction case must
be accompanied by a form informing the tenant and landlord of the
court-based program. It includes information on the program, what
documentation is needed and the web address for the court-based aid,
ilrpp.ihda.org. The Illinois Housing Development Authority call center
can be reached at 866-454-3571.
The governor’s order, which he extended Friday, prevents law enforcement
from enforcing an eviction of a covered person.
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Illinois Supreme Court building in Springfield
(Capitol News Illinois file photo)
Assistance may also still be available in certain
areas through the Illinois Department of Human Services and the IHDA,
the two state agencies overseeing disbursement of federal funding.
In a statement Monday, Pritzker’s office noted Illinois paid out
more than $230 million in federal funds in 2020 and has made more
than $500 million available this year for rental assistance
“While the eviction moratorium has kept families suffering hardship
from losing their homes during the pandemic, these programs and
additional resources will ensure families have a roof over their
heads while they regain their financial footing into the future,”
Alex Hanns, a Pritzker spokesperson, said in an email.
“As we continue with the planned sunset of the eviction moratorium
in coordination with the court system, the Illinois Housing
Development Authority will continue to review the pipeline of
completed applications, and the Illinois Department of Human
Services will continue to accept applications for additional rental
assistance until funding runs out,” he added.
The funds come from the federal government, which means applicants
must be under certain income limits as defined by the U.S. Treasury.
Those earning 80 percent of the area median income or less are
eligible. That threshold differs based on the county, ranging from
$35,700 in Alexander County to $52,200 in Cook County. It goes up
about $5,000-$6,000 for each additional person in the household.
Free legal assistance may be accessed through Eviction Help Illinois
by visiting evictionhelpillinois.org or calling 855-631-0811.
Capitol News Illinois is a nonprofit, nonpartisan
news service covering state government and distributed to more than
400 newspapers statewide. It is funded primarily by the Illinois
Press Foundation and the Robert R. McCormick Foundation.