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Illinois' eviction moratorium set to expire Oct. 3

SPRINGFIELD - The state's moratorium on enforcement of residential evictions will expire on Oct. 3, according to Gov. J.B. Pritzker's latest COVID-19 executive order.

Pritzker had extended the order each month with minor to substantial revisions since March 2020. The extensions have come in 30-day windows, coinciding with his monthly reissuance of a disaster proclamation in response to the pandemic.

While most of the provisions in Pritzker's latest executive order were extended through Oct. 16, the section providing for the eviction moratorium is scheduled to be rescinded just two weeks into the 30-day order which was issued Friday.

The most recent iteration of the moratorium, which will expire Oct. 3, allows for court proceedings but prevents law enforcement from carrying out an eviction. It also allows for evictions in health and safety circumstances, and for "uncovered persons," which include those who refuse to fill out paperwork for assistance, who can't prove loss of income from COVID-19 or who earn more than $99,000 individually or $198,000 as a joint-filing household.

A state Supreme Court order preventing certain judgments in covered eviction cases expired on Sept. 18 and had not been extended as of Monday.

Last week, the Supreme Court announced a court-based rental relief program received $60 million in funding to provide a "safety net for litigants who are on the brink of eviction," according to the court. That program is available outside of Cook County, which is expected to launch its own court-based assistance program sometime in October.

Per the latest Supreme Court order, 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.

Those who have lost income due to COVID-19 may be eligible for up to 12 months of past due rent and three months of future rent to prevent eviction, per the program. The check would be paid directly to the landlord, who would be required to agree not to evict the tenant for nonpayment of the rent that is repaid.

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% 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.

Assistance may also still be available in certain areas through the Illinois Department of Human Services and the Illinois Housing Development Authority, the two state agencies overseeing disbursement of federal funding, at www.illinoisrentalassistance.org/providers.

Free legal assistance may be accessed by visiting evictionhelpillinois.org or calling (855) 631-0811.

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