Answers, Counterclaims, and Defenses
As my readers know from my posting infrequency over the last few months, things are super busy in our landlord-tenant practice. However, this morning, a fellow attorney alerted me to an issue that I want to take time out to share. The Supreme Court Commission on Access to Justice has promulgated a set of new Answer, Defenses, and Counterclaim forms for tenants’ use in eviction cases. The forms can be found here on the Illinois Courts webpage. Continue reading
Posted in Eviction
Section 8 protections expanded
House Bill 2775 was signed into law on May 23, 2022. The law, introduced by Representative La Shawn K. Ford, amends the Illinois Human Rights Act by prohibiting source of income discrimination in real estate transaction under the State’s fair housing laws. This change brings the entire State of Illinois into line with Chicago and Cook County on the issue of participation in the Section 8 housing voucher program which will no longer be voluntary. It also opens up a number of questions with regard to whether a landlord must participate in emergency rental assistance programs. The new law goes into effect January 1, 2023.
Can we evict?
I get the phonecalls from landlords every day. “I hear we can evict tenants again – is that true?” Hmm… that’s a simple question that requires a nuanced answer. It is true that on October 4, 2021, the eviction moratorium was lifted, but what replaced it is a system that pre-covid landlords (and their attorneys) might not recognize. A system that was flawed could arguably be said to be purposefully broken. We couldn’t evict (except in rare circumstances) before the moratorium ended. Now, with the moratorium lifted, we face a system that seems almost designed to slow the process and is already in need of significant reform. Here’s a “state of the union” for evictions in Cook County’s 1st district: Continue reading
UPDATE: Shortly after publication of this article, the Interest Rate Summary was made available by the City of Chicago and it can be found here. The point about the City’s tardy delivery remains valid.
Why does this happen every year? It is now January 4, 2022 and we still do not have a bilingual interest rate summary from the City of Chicago as required by Section 5-12-170 of the Chicago Residential Landlord Tenant Ordinance. Why? Continue reading
Just today, January 3, 2022, the IDFPR has issued a press release indicating the new Security Deposit Interest Rate for 2022 for those tenancies governed by the Illinois Security Deposit Interest Act. The new rate for 2022 is Continue reading
Happy New Year to Chicago Landlords still holding security deposits! If you’ve been in this game long enough, you probably could have guessed this year’s interest rate, but, for the sake of form, here it is right from the City of Chicago: Continue reading
Ordinance Protection Expired?
Will it happen? Has it happened? Will it stick? Who knows? I would not put it past the powers that be. What am I talking about? The Chicago Covid 19 eviction protection ordinance is set to expire by its own terms. Could the Governor do something this weekend to somehow extend the executive order providing eviction protections? Probably not. The protections in that last order were extended on August 20, 2021 and expired October 3, 2021. The Chicago COVID 19 Eviction Protection Ordinance extended its provisions for 60 days beyond that date. Continue reading
Illinois Governor Pritzker’s 19 month moratorium on evictions expired this past weekend. Beginning today, October 4, 2021, evictions can be filed and processed as before the moratorium was put into place. A nightmare for landlords seems to be at an end. What will the playing field look like now that the ban on evictions has been lifted? Continue reading
Well, I for one never believed the moratorium would expire as promised at the end of August. Never. And, very quietly, after subtle signals at the Illinois State Fair, the Governor went ahead and extended. Why? Pick your reason. Delta variant (hmmmm…. there were less than 3000 cases yesterday and the pandemic seems to be more of an endemic and less of an emergency now that Illinois has been “restored”); emergency rental assistance money (why isn’t that making its way into the hands of landlords sooner? We’ve heard this excuse before); maybe it is to coincide with the likely improper but somehow in force Center for Disease Control eviction moratorium; or maybe “just because”… The reason really doesn’t matter. By way of executive order 2021-19, the moratorium is now extended to Continue reading
Section 42-806 – Tenant Remedies
First, the ordinance became effective yesterday. I know – I’m behind in getting these posts out. Hang in there and we’ll get through it. Section 806 of the CCRTLO is entitled “Tenant Remedies”. This section has Continue reading