Despite Uncertain Future for Illinois Eviction Moratorium, Rental Assistance Remains

September 21, 2021

The Illinois Supreme Court announced an amendment to Order M.R. 30370, which extended the temporary stay on certain residential eviction trials and dispositive motions to September 18. The previous order was set to end on September 1.

The amended Order also includes provisions that exempt cases where rental assistance is clearly not viable and there is no reason to delay trial. Courts are instructed to defer to the rental assistance programs for eligibility determinations, only substituting their own assessments when the matter is clear and free from doubt. The order also permits landlords to challenge the veracity of a tenant’s declaration. This brings the Court’s order in line with the U.S. Supreme Court’s ruling in Chrysafis v. Marks.

In light of the new Illinois Supreme Court order, Governor JB Pritzker’s office is reminding tenant and landlords they can continue to apply for pandemic rental assistance in Illinois. This assistance, which comes from the Illinois Department of Human Services, is available through a wide network of service providers.

The Illinois Housing Development Authority is continuing to process applications for the Illinois Rental Payment Program, and is on target to approve all eligible applications in September, with additional rounds of rental and mortgage assistance expected to be announced in the coming months.

The governor’s office said landlords are “strongly encouraged” to not file evictions when their IHDA rental assistance application is pending and are reminded that, as a condition of receiving this help, there is an agreement to not pursue evictions due to unpaid rent in the program coverage period.

“While I am disappointed by the decision rendered by the U.S. Supreme Court, Illinoisans can be reassured that Governor Pritzker and his administration are doing everything possible to ensure our renters stay safe and stably housed,” said IHDA Executive Director Kristin Faust. “Illinois is a leader in the nation in administering and providing emergency rental assistance to those impacted by COVID-19. IHDA will continue to process pending applications for those renters eligible for the federal emergency rental assistance program to prevent eviction. While IHDA continues processing applications, those renters who are covered by the Governor’s eviction moratorium executive order do not have to worry about being evicted.”

For assistance or questions relating to the moratorium extension, applying for landlord assistance, or understanding your rights as a landlord under the law, contact the attorneys at Rock Fusco & Connelly, LLC.