Took them long enough! (Now, where is the Covid-19 Notice the City Requires?)
Finally, the people at the City Clerk’s office have made available to the public the official text of the freshly passed into law Chicago Covid-19 Eviction Moratorium ordinance. As discussed on this blog, the new ordinance requires a 7 day negotiating period after a landlord serves a 5 day notice (or any other notice for non-payment of rent) if a tenant notifies the landlord that the tenant experienced a Covid-19 impact.
Interestingly, the ordinance is retroactive to March 21, 2020.
This law is going to require some scrutiny to divine all of its intricacies, especially those related to notices already served or cases already filed. The City’s Commissioner of the Department of Housing has rule making authority under the ordinance, so I’m sure we have not heard the last word on this new law from the City. For now, housing providers should be making a careful review of the ordinance and evaluating its impact on their rental business.
Further, the law provides, in part, that the 5 day notice needs to be accompanied by a written statement that is supposed to be provided by the Chicago Department of Housing. Where is it? Not posted yet (as of 6/19/20)
Such written notice of termination of tenancy for failure to pay rent shall be accompanied by a written statement provided by the landlord to the tenant infoming the tenant that such tenant has five days to provide the landlord with a Tenant Notice of COVID-19 Impact. The Department of Housing shall post on its website an example of the form that such written statement may take.
Landlords who are confused or looking for legal counsel during these confusing times can feel free to contact us. We provide landlord guidance and advice on landlording best practices our usual hourly rate. We can assist with the written documentation required by this ordinance if a landlord and tenant reach a good faith agreement.