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What’s up with the state eviction moratorium?

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* As we’ve already discussed, Gov. JB Pritzker recently extended the eviction moratorium through September 18. But the US Supreme Court recently put a stop to the CDC eviction moratorium

In a statement late Thursday, White House Press Secretary Jen Psaki said, “In light of the Supreme Court ruling and the continued risk of COVID-19 transmission, President Biden is once again calling on all entities that can prevent evictions - from cities and states to local courts, landlords, Cabinet Agencies - to urgently act to prevent evictions.”

And Illinois is complying.

* Grace Asiegbu takes a look at what that means in Illinois

Under Pritzker’s latest order, courts won’t start hearing cases related to unpaid rent again until Sept. 18. [Michael Robin, an organizer with Autonomous Tenants Union] cautioned that landlords can sometimes abuse the process by getting emergency hearings on the pretext of health and safety issues. There’s also an exception for tenants who already had a hearing scheduled. They must show up to court or risk receiving an eviction judgment against them.

Does the federal eviction moratorium apply in Cook County?

Not anymore.

On Thursday night, the U.S. Supreme Court struck down the Biden administration’s moratorium, blocking an order issued through the CDC in early August that had banned evictions in counties experiencing “substantial” or “high” Covid-19 transmission rates through Oct. 3, a description that fits every Illinois county, according to the CDC’s Covid Data Tracker.

But the federal order wasn’t very robust, to begin with, said Michelle Gilbert, legal director of the nonprofit Lawyers’ Committee for Better Housing, or LCBH. The order only shielded tenants from being physically removed from their homes — the final stage in the eviction process that is carried out in Cook County by the sheriff. That left a lot of gray areas for local courts and judges to interpret.

posted by Rich Miller
Friday, Aug 27, 21 @ 11:08 am

Comments

  1. From what I have read only a small percentage of money allocated for tenants and landlords has been dispersed. Maybe the states should concentrate on getting that money out. Small landlords need help too.

    Comment by DuPage Saint Friday, Aug 27, 21 @ 11:41 am

  2. If they’re going to extend the moratorium they have to fix the rental assistance delays and problems. They also have to ensure people aren’t taking advantage of the situation by just saying, “Oh, I can’t pay due to COVID.”

    Comment by Just Me 2 Friday, Aug 27, 21 @ 12:26 pm

  3. == They also have to ensure people aren’t taking advantage of the situation by just saying, “Oh, I can’t pay due to COVID.”==
    The rental assistance goes to the landlords.

    Comment by All this Friday, Aug 27, 21 @ 12:42 pm

  4. All this — your point? If the person is working but not paying rent and enjoying the protections of the moratorium they don’t qualify for rental assistance, and the landlord is SOL.

    Comment by Just Me 2 Friday, Aug 27, 21 @ 1:41 pm

  5. “If the person is working but not paying rent and enjoying the protections of the moratorium they don’t qualify for rental assistance, and the landlord is SOL.”

    If the tenant has a lease, the landlord can take him to court for the money he owes the landlord and the landlord enjoy the garnished wages of his tenant.

    Comment by Mr. Green Genes Monday, Aug 30, 21 @ 10:06 am

  6. Moving the goalposts Just Me 2?

    First you were all concerned about people abusing the rental assistance program they qualified for. So I addressed that.

    Then you mentioned people who had nothing to do with the rental assistance program.

    So what is YOUR point?

    Look at Mr. GG for your answer to your second question.

    Comment by All this Monday, Aug 30, 21 @ 3:32 pm

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