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Know Your Rights: COVID 19 Eviction Protection Ordinance (Expired)

Updated Jan. 10, 2022

The provisions of the COVID-nineteen Eviction Protection Ordinance no longer use to new eviction cases as of Dec. 2, 2021. However, the tenant protections and remedies still use to cases concerning tenancies that were terminated during the dates the ordinance was in effect: October. 3, 2021 to Dec. ii, 2021.

In June 2020, City Council approved the COVID-19 Eviction Protection Ordinance, providing additional eviction protections to tenants who inform their landlords in writing of their inability to pay their rent due to a "COVID-nineteen Touch on." An amendment to the ordinance was passed past City Quango in July 2021.

The ordinance was in effect for the 60 days after Gov. J.B. Pritzker's Executive Gild limiting evictions for those impacted by COVID-19 expired onOct. 3, 2021.

A COVID-19 Impact can be claimed when a tenant or another household member:

• Is laid-off from work
• Has their hours at piece of work reduced
• Has to isolate or quarantine because of COVID-19 diagnosis or possible exposure
• Has to care for someone else affected past COVID-xix

What Landlords Need to Know and Do

1. Landlords who result five-mean solar day notices of eviction for nonpayment must include a notice informing tenant of their rights under the COVID-19 Eviction Protection Ordinance.
2. Required Landlord Observe to Tenant (.pdf)
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Landlords who receive a Tenant Notice of COVID-19 Touch andhave not applied for emergency rental assist funds from either the city or state must register with the Department of Housing (DOH) no later than the fifth day after issuing a five-twenty-four hours observe of termination of tenancy.

3. Landlords that do non come to an agreement with a tenant after the negotiation catamenia ends and file an action with the Excursion Court to evict the tenant for nonpayment, must file an affidavit with the action affirming (1) reasonable attempts to contact the tenant and negotiate in good faith faith and, (2) that the landlord registered for the Emergency Rental Aid Program or similar program offered by the country or canton.

Template Affidavit Confirming Landlord Compliance with COVID-19 Eviction Protection Ordinance (CEPO) (.medico)

What Impacted Tenants Need to Know and Exercise

Chicago residential tenants who have lost income every bit a directly or indirect effect of the COVID-19 pandemic should notify their landlords in writing inside 5 days of receiving an eviction notice to further protect themselves from eviction.

This written notification can take place through letter, e-mail or text message. This can be a message as simple as "I accept been unable to pay hire because I have been financially affected by the COVID-xix pandemic." A more formal template is available below.

Tenant to Landlord COVID-19 Template (.doc)

What Happens Next

1. Tenants who notify their landlords of a COVID-19 Impact will have the v-solar day detect catamenia extended by seven days, for a total of 12 days.
   During the 12-day period, the landlord must contact the tenant and endeavor to work out with the tenant a plan to avert eviction .
2. During the 12-day menstruation, the landlord must contact the tenant and try to work out with the tenant a programme to avert eviction.
   The programme to avoid eviction could include a repayment plan, mediation or arbitration, letting the tenant utilize their security deposit to embrace the missed rent, an agreement for the tenant to move out without the landlord getting an eviction judgment against them, or other arrangements agreed to past the landlord and tenant.

   A repayment plan must give a tenant at least ii months to re-pay each month of missed rent, but the landlord and tenant can agree to more fourth dimension if they cull. The ordinance specifies what interest and fees a landlord can accuse on missed rent, how a tenant can show the landlord proof of a COVID-xix Touch on, and what happens if the landlord and tenant determine to use the security deposit. Landlords are prohibited from requiring tenants agree to a non-disclosure agreement or waiver of rights related to the status of the unit as part of an understanding.

3. Landlords that received a Tenant Notice of COVID-19 Bear upon must register with the Urban center of Chicago'southward Section of Housing, with some exceptions.
   The purpose of requiring landlords to annals is to notify them of the availability of boosted rental assist options as they go available and to provide tenants with access to additional resources.

   This registration must occur no later than the fifth 24-hour interval later issuing a five-24-hour interval notice of termination of tenancy . Landlords who accept applied for emergency rental assistance funds from either the city or state are not required to register.
   

4. The ordinance does not require that the landlord and tenant reach an agreement, only that they make a good faith effort to practice so.
   If a landlord does not apply good faith to endeavour and work out an arrangement with the tenant or does not annals with the Department of Housing'south Emergency Rental Assistance Program, only files an eviction instance anyway, the tenant volition take a defence confronting the eviction.
5. Proof of complying with the City's registration requirement volition be required in the event a landlord seeks to file for eviction with the Circuit Court.
   Landlords seeking to adios a tenant and that received a notification of COVID-19 bear upon must file an affidavit affirming they attempted skillful organized religion negations with the tenant and registered with the Department of Housing.

   Proof of complying with the registration requirement can be accomplished by screen printouts of the DOH registration or downloads of a previously completed ERAP application, with commanded redactions of individual or personal data.

For more information on conflict resolution, contact the Eye for Disharmonize Resolution at cm@ccrchicago.org or 312-922-6464, ext. 22.

Status of Federal and State Eviction Moratoria

State of Illinois

Gov. J.B. Pritzker has announced that starting Aug. 1, 2021 landlords volition exist able to file for eviction for nonpayment, and that evictions will not be enforced until Oct. 3, 2021. Visit the Urban center's Eviction and Lockout Resources folio for farther data.

Federal (expired)

The Centers for Disease Control and Prevention (CDC) issued an Eviction Moratorium Order that temporarily delayed certain evictions in counties experiencing high levels of COVID-nineteen transmissions, provided the tenant met certain eligibility requirements. On Aug. 26, 2021, the U.S. Supreme Court issued a decision that ended the pandemic-related federal moratorium on residential evictions.

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Source: https://www.chicago.gov/city/en/depts/doh/provdrs/renters/svcs/know-your-rights--covid-19-protection-ordinance.html

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