For the first time in 18 months, housing providers in Illinois are now able to exercise their contractual rights and fully enforce the terms of their lease, as Gov. J.B. Pritzker’s residential eviction moratorium was allowed to expire on Oct. 3, 2021.

What does this mean for housing providers in Illinois?

Housing providers in Illinois are no longer prohibited by Gov. Pritzker’s executive order from enforcing the terms of their lease and regaining possession of their property from tenants who have not paid rent.

Does this mean a housing provider can immediately remove a tenant from their property?

No. Housing providers who wish to enforce the terms of their lease and evict a non-paying tenant must still follow the proper procedures and requirements under Illinois statutes and local ordinances to lawfully obtain and enforce an order of eviction.

Are all limits and restrictions that were put in place due to COVID-19 now completely lifted?

It depends. Gov. Pritzker’s statewide moratorium restrictions are no longer applicable. Additionally, the Illinois Supreme Court rules which stayed pending eviction cases against covered persons are also no longer in effect.

However, there may be other requirements and restrictions that remain in effect in some locations that housing providers will need to abide by to lawfully obtain and enforce an order of eviction.

In Chicago, for example, the COVID-19 Eviction Protection Ordinance is in effect for 60 days following the expiration of Gov. Pritzker’s statewide moratorium. Under the ordinance, housing providers in Chicago must abide by additional steps and procedures before they will be able to evict tenants who notify housing providers that they have been impacted by COVID-19. Some of these additional steps and procedures include:

• providing notice to tenants of the tenants’ rights under the ordinance
• waiting an additional seven days, described as a “cooling-off period,” before filing eviction complaints
• registering with the City of Chicago’s Emergency Rental Assistance Program

During the seven-day cooling off period, housing providers will be required to make good faith attempts to reach agreements with their tenants on repayment plans for any past due rent the tenants owe.

If I am a housing provider who has not received any relief money, are there programs still available to obtain assistance?

Yes. The Pritzker administration recently announced that nearly $500 million of relief money has been distributed through the state assistance program to 49,100 housing providers. The same press release noted that the state received nearly 100,000 applications, which indicates there are still potentially tens of thousands of housing providers in need of relief money.

In recognition of this continuing need, state and local governments have stated that additional relief programs are still available and new programs may be announced soon. This includes a recently announced program in Cook County that will distribute $75 million to eligible housing providers and tenants .  Applications for this assistance program are being accepted until Oct. 29, 2021.

Sixty million dollars in relief money is also in the process of being distributed to eligible housing providers and tenants with pending eviction cases, through the Court-Based Rental Assistance Program.

For a list of potential rental relief programs available through the state, please visit illinoisrentalassistance.org.

Is there anything else that I should consider?

Yes. While Gov. Pritzker’s statewide moratorium ended on Oct. 3, as mentioned above there may be other restrictions that still apply in your area. It is important that you meet with your attorney to ensure that you are making the best and most informed decision for your specific situation.