HB5574ham001 101ST GENERAL ASSEMBLY

Rep. Delia C. Ramirez

Filed: 5/15/2020

10100HB5574ham001 LRB101 19364 LNS 71973 a

AMENDMENT TO HOUSE BILL 5574

AMENDMENT NO. ______. Amend House Bill 5574 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the COVID-19 Emergency and Economic Recovery Renter and Homeowner Protection Act.

Section 5. Purpose and findings. The purpose of this Act is to protect renters, homeowners, and persons in need of housing, based upon the following findings:

International, national, state, and local governments and health authorities are responding to an outbreak of a disease caused by the novel coronavirus referred to as COVID-19.

Minority households in the State of Illinois are at disproportionate risk of exposure to and the contraction of COVID-19 and to economic effects of this pandemic.

On March 12, 2020, the Governor of the State of Illinois issued a disaster declaration proclamation in Illinois because of the threat of COVID-19.

On March 26, 2020, the President of the United States declared that a major disaster exists in the State of Illinois and ordered Federal assistance to supplement State, tribal, and local recovery efforts in the areas affected by the COVID-19 pandemic beginning on January 20, 2020 and continuing.

On April 1, 2020, the Governor of the State of Illinois issued a second disaster declaration proclamation in Illinois because of the threat of COVID-19.

On April 30, 2020, the Governor of the State of Illinois issued a third disaster declaration proclamation in Illinois because of the threat of COVID-19.

The Centers for Disease Control and Prevention and the Illinois Department of Public Health have issued recommendations including, but not limited to, social distancing, staying home if sick, shutting down all nonessential businesses, canceling or postponing large group events, working from home, and other precautions to protect public health and prevent transmission of this communicable virus.

Experts predict a vaccine will not be approved for at least a year, and the World Health Organization has stated, "There is currently no evidence that people who have recovered from COVID-19 and have antibodies are protected from a second infection."

Because of the public health emergency and the precautions recommended by health authorities, many residents and businesses in the State of Illinois have experienced or expect soon to experience sudden and unexpected income loss.

A quarter of this State's workforce is employed in industries directly impacted by the closure of nonessential services as recommended by health authorities, and unemployment claims in this State are exceeding levels from the 2008 Great Recession.

Further long-term economic impacts are anticipated, with reliable forecasts of 30% unemployment rate in the second quarter of 2020, leaving residential and commercial tenants vulnerable to eviction and homeowners vulnerable to foreclosure.

The Governor of the State of Illinois has stated that individuals exposed to COVID-19 may be temporarily unable to report to work due to illness caused by COVID-19 or quarantines related to COVID-19 and individuals directly affected by COVID-19 may experience potential loss of income, health care and medical coverage, and ability to pay for housing and basic needs, thereby placing increased demands on already strained regional and local health and safety resources, including shelters and food banks.

Before COVID-19, over half of Illinois low-income renters were already rent-burdened, and the rate of underwater mortgages in Illinois was one of the highest in the nation.

31% of adults in a nationally representative sample taken during the pandemic report that they are worried that they cannot pay rent, a mortgage, or utilities.

During this emergency and in the interest of protecting the public health and preventing transmission of COVID-19, it is essential to avoid unnecessary housing displacement to prevent housed individuals from falling into homelessness.

On March 20, 2020, the Governor issued Executive Order 2020-10, which instructed authorities to cease enforcement of orders for residential evictions.

On March 18, 2020, the Illinois Commerce Commission required all private water, electric, and natural gas utilities in Illinois to suspend service disconnections, waive late-payment penalties, and implement temporary flexible credit and payment procedures to ensure all customers remain connected to essential utility service.

On April 23, 2020, the Governor issued Executive Order 2020-30, which further prohibited persons and entities from commencing residential eviction actions in most cases and ceasing the enforcement of eviction orders for most nonresidential premises.

Unpaid rent, late fees, and court costs are currently accruing against residential and commercial tenants and will be demanded by landlords after the expiration of the emergency period.

Public health is endangered if tenants will face immediate demand for the entire sum after the emergency period expires, the courts are clogged with thousands of additional eviction court filings, tenants leave their homes and enter into homelessness in order to avoid an eviction filing, resulting in a chaotic displacement process.

Involuntary displacement caused by an eviction interrupts a child's education, causing the child to have lower school achievement and delayed literacy skills and be more likely to be truant, threatens the child's social and emotional security, and adversely impacts families in the form of stress and exposure to substandard housing with environmental hazards.

The State of Illinois needs to ensure that returning citizens have fair and equitable access to housing, that persons who have or who are perceived to have COVID-19 are protected from housing discrimination, and that renters and homeowners cannot be discriminated against for relying upon third-party sources of financial support to pay their rent and mortgages.

The State of Illinois deems it necessary to protect public health, life, and property during this declared state of emergency by protecting small business commercial and residential tenants and homeowners from certain evictions and foreclosures and other hardships during this public health and economic crisis.

Section 10. Definitions. Unless the context clearly indicates otherwise, as used in this Act:

"COVID-19 emergency and economic recovery period" means the period beginning on March 9, 2020, when the Governor issued the first disaster proclamation for the State of Illinois to address the circumstances related to COVID-19, and ending on the first day of the month following a month in which both the published statewide unemployment rate is no more than 1.5 percentage points higher than the statewide unemployment rate for February 2020, and the published statewide unemployment rate has decreased in 2 of the previous 3 months. However, if a gubernatorial disaster proclamation issued to address circumstances related to COVID-19 is still in effect on that date, the COVID-19 emergency and economic recovery period expires 45 days after that proclamation expires.

"COVID-19 related hardship" means any negative financial, medical, or other impact on an individual or household because of COVID-19 and associated governmental orders, including: diagnosis of the individual or household member with COVID-19 or the advice to self-quarantine by a health care provider; loss of income, furlough, hour reduction or other interruption to employment due to workplace, school, and other facility closures; or increased household, child care, health care, or other expenses.

"Dwelling unit" means a building, structure, or part of a building or structure or land appurtenant to a building or structure, a unit or lot of a manufactured home as defined in Section 3 of the Mobile Home Landlord and Tenant Rights Act, or other residential real estate used or held out for human habitation, together with all common areas and storage areas held out for use by the resident.

"Eviction" or "to evict" means using any judicial or nonjudicial means to involuntarily remove a resident from a dwelling unit or a small business commercial premises, including, but not limited to:

(1) issuing an eviction notice or other notice to terminate a tenancy;

(2) filing, serving, or other otherwise initiating a judicial eviction action;

(3) prosecuting a pending eviction action, other than as necessary to request a continuance or suspension of the matter or to comply with an order of the tribunal; or

(4) seeking or causing any order for the physical eviction of a resident to be executed.

"Eviction action" means any judicial or administrative proceeding that seeks recovery of possession of a dwelling unit or small business commercial premises from a resident.

"Eviction order" means any order entered in an eviction action that directs or authorizes the removal of a resident from a dwelling unit or a small business commercial premises. "Eviction order" does not include an order entered to remove a resident who is the perpetrator of violence in order to protect another resident or tenant from domestic violence, sexual violence, dating violence, or stalking. "Eviction order" does not include an order restoring a resident to possession of the dwelling unit entered under subsection (e) of Section 35.

"Eviction notice" means any notice directing a resident to vacate the dwelling unit or small business commercial premises or otherwise purporting to terminate a tenancy.

"Fund" means the Residential Housing Relief Fund created under Section 15.

"IHDA" or "Department" means the Illinois Housing Development Authority.

"Landlord" means an owner of record, agent, lessor, sublessor, court-appointed receiver or master, mortgagee in possession, or the successor in interest of any of them of a dwelling unit or the building of which it is a part and any person authorized to exercise any aspect of the management of the premises. "Landlord" includes any person who directly or indirectly receives rents and has no obligation to deliver the whole of the receipts to another person. "Landlord" also includes the owner of a mobile home park.

"Material economic hardship" means that a landlord enduring the hardship would have to limit spending on household necessities. "Material economic hardship" does not include reduction in savings, profit margins, discretionary spending, or nonessential assets. If a landlord is a limited liability company, the assets and liabilities of the landlord shall be adjudged with consideration of its individual members, parent companies, umbrella, and series corporations and related organizations.

"Material violation" means, except as provided by federal law, a substantial violation of a material term of the rental agreement. "Material violation" does not include a tenant's failure to pay rent or other amounts due under the rental agreement or the tenant's failure to surrender possession after the expiration of the rental agreement.

"Moratorium" means the 180-day period beginning on the effective date of this Act.

"Premises" means the dwelling unit and the building or structure of which it is a part, facilities and appurtenances therein, and grounds, areas, and facilities held out for the use of residents.

"Rental agreement" means every letting or lease, whether by written or verbal agreement, of a dwelling unit or small business commercial premises.

"Residential landlord" means an owner of record, agent, lessor, sublessor, court-appointed receiver or master, mortgagee in possession, or the successor in interest of any of them of a dwelling unit or the building of which it is a part, and any person authorized to exercise any aspect of the management of the premises. "Residential landlord" includes any person who directly or indirectly receives rents and has no obligation to deliver the whole of the receipts to another person. "Residential landlord" also includes the owner of a mobile home park.

"Residential tenant" means a person entitled by written or verbal agreement, subtenancy approved by the landlord, or by sufferance to occupy a dwelling unit to the exclusion of others. "Residential tenant" includes members of a tenant's household occupying the dwelling unit.

"Small business commercial landlord" means an owner of record, agent, lessor, sublessor, court-appointed receiver or master, mortgagee in possession, or the successor in interest of any of them of a small business commercial premises or the building of which it is a part and any person authorized to exercise any aspect of the management of the premises. "Small business commercial landlord" includes any person who directly or indirectly receives rents and has no obligation to deliver the whole of the receipts to another person.

"Small business commercial premises" means any parcel of real property that is developed and used either in part or in whole for commercial purposes by a business that is not a part of a multinational corporation, has less than 25 employees, and the average income per employee is $50,000 or less.

"Small business commercial tenant" means a commercial tenant that is not a part of a multinational corporation, has less than 25 employees, and the average income per employee is $50,000 or less.

"Statewide unemployment rate" means the official seasonally adjusted unemployment rate provided by the U.S. Bureau of Labor Statistics and published monthly by the Illinois Department of Economic Security.

"Tenancy" means the occupation or use of a dwelling unit under a rental agreement.

"Tenant" means a resident or occupant of a dwelling unit.

Section 15. Residential rent and mortgage cancellation and relief.

(a) Subject to appropriation in furtherance of subsection (c), there is hereby declared a cancellation of rental debt accrued to any residential tenant in this State who has experienced a COVID-19 related hardship during the moratorium.

(a-5) The following prohibitions apply:

(1) No residential landlord shall charge a fine or fee to a residential tenant for nonpayment of rent in accordance with subsection (a), including late fees and liquidated or other damages, and the nonpayment of rent shall not be grounds for the issuance of any eviction notice or initiation of any eviction action.

(2) No residential tenant may be treated by any individual or entity as accruing any debt because of the cancellation of rent under subsection (a).

(3) No residential tenant may be held liable by any person or entity for repayment of any amount of rent canceled under subsection (a).

(4) The nonpayment of rent by a residential tenant shall not be reported to a consumer reporting agency or tenant screening agency, nor shall the nonpayment adversely affect a residential tenant's credit score.

(b) To the extent permitted by federal law, and subject to appropriation in furtherance of subsection (c), the obligation of each mortgagor to make mortgage payments of principal and interest that come due during the moratorium are hereby canceled to any mortgagor in this State who has experienced a COVID-19 related hardship during the moratorium.

(c) The Illinois Housing Development Authority shall establish a Residential Housing Relief Fund to provide payments under this Section to:

(1) compensate residential landlords and mortgagees for certain rental and mortgage amounts cancelled under subsections (a) and (b);

(2) provide assistance to residential tenants who need to move;

(3) provide assistance to mortgagors unable to make certain mortgage payments after the moratorium expires; and

(4) provide assistance to residential tenants who are unable to make certain rental payments after the moratorium expires.

(d) IHDA shall allocate funds to local administering agencies for distribution to residential landlords, residential tenants, and mortgagors of dwelling units subject to subsections (a) and (b) and further administrative requirements as set forth by IHDA.

(e) IHDA shall develop standards by which to determine the priority of payments under this Section. The standards shall prioritize funding eligibility in the following manner:

(1) Prioritize residential landlords that demonstrate that rent cancellation created a material economic hardship.

(2) Prioritize mortgagors who are at risk of foreclosure, despite the protections in Section 25, due to a COVID-19 related hardship, as well as mortgagors whose secured property is in a neighborhood or zip code experiencing high levels of poverty when compared to the State as a whole.

(3) Prioritize residential tenants at or below 60% of the median family income for the area of the local administering agency.

(4) Prioritize State or other funds for residential landlords, mortgagees, or residential tenants not eligible for federal funds.

(f) The Department and local administering agencies may provide payments under this Section only with respect to residential landlords who enter into binding agreements with the Department or local administering agencies to ensure that, during the period that a residential landlord receives payment under this Section for occupancy of a dwelling unit, the landlord complies with the requirements of this Section. If a residential landlord violates any requirement with respect to a covered rental dwelling unit under any certification or agreement entered into pursuant to this subsection, the Department or the local administering agencies shall have the right to recapture from the residential landlord an amount equal to the entire amount of assistance provided under this Section that is attributable to the dwelling unit and deposit the recaptured amount into the Fund.

(f-5) During the COVID-19 emergency and economic recovery period, a residential landlord receiving relief under this Section may not report the residential tenant of the dwelling unit to a debt collector or provide any adverse information regarding the residential tenant to any credit reporting agency.

(g) The amount of a payment under this Section may not exceed the aggregate amount of rent for the dwelling unit suspended pursuant to subsection (a) and attributable only to days during the moratorium that the dwelling unit was occupied by a residential tenant otherwise required to pay rent.

(h) The amount of payment with respect to a covered dwelling unit shall be reduced by the amount of payment made to the landlord from the Residential Housing Relief Fund in connection to the tenant's use and occupancy.

(i) This Section is subject to appropriation.

Section 20. Foreclosure moratorium.

(a) Notwithstanding any provision of the Illinois Mortgage Foreclosure Law, beginning on the effective date of this Act and for the moratorium, unless a shorter time is required by federal law, a mortgagee, servicer, creditor, or trustee, for the purposes of foreclosure of residential real estate as defined by Section 15-1219 of the Code of Civil Procedure, may not:

(1) initiate or continue a foreclosure action;

(2) cause notice of a foreclosure to be published;

(3) exercise the power of a judicial sale; or

(4) pursue an eviction order or execution thereof.

(b) All time deadlines related to the foreclosure proceeding, including the running of any redemption period, is tolled for the duration of the moratorium.

(c) Each judicial circuit shall establish a foreclosure mediation program consistent with Illinois Supreme Court Rule 99.1, to begin upon the expiration of the moratorium.

(d) Notwithstanding any provision of the Condominium Property Act or any other provision of Illinois law, the board of managers of a condominium association may not, for the duration of the COVID-19 emergency and economic recovery period:

(1) impose charges or levy fines against any unit owner who fails to make any payment of the common expenses when due;

(2) record a lien against the property interest of a unit owner who fails to make any payment of the common expenses when due; or

(3) evict a homeowner or residential tenant for a COVID-19 related hardship.

Section 25. Homeowner protections.

(a) Notwithstanding any provision of the Residential Mortgage License Act of 1987 or any other provision of State law, during the COVID-19 emergency and economic recovery period, each entity that holds mortgage servicing rights, including entities that service their own loans, to a residential mortgage loan under the jurisdiction of the Department of Financial and Professional Regulation shall develop a forbearance program for borrowers within 45 days of the effective date of this Act that, at a minimum:

(1) grants at least a 180-day forbearance period to make ongoing installment payments for all applicable principal, interest, taxes, insurance, and association fees, renewable for one additional period of 180 days, of mortgage payments for borrowers;

(2) waives any late fee, processing fee, penalties, or other charges due to failure to make scheduled payments in connection with forbearance or any other fees accrued during the pendency of the forbearance period or public health emergency; and

(3) does not report to a credit reporting agency any delinquency or other derogatory information as a result of the deferral.

The forbearance program shall be provided to borrowers who request forbearance and affirm that they are experiencing a COVID-19 related hardship.

(b) The mortgage servicer shall establish application criteria and procedures for borrowers to apply for loss mitigation options following the termination of the forbearance program that requires that either:

(1) the loan repayment term shall be extended in monthly increments to match the number of delinquent payments in order to maintain pre-forbearance payment levels;

(2) the loan shall be modified by capitalizing the deferred arrearages into the principal balance and extending the loan repayment term to reach an affordable payment for the borrower;

(3) the forborne principal, interest, and escrow advances be converted to a non-interest-bearing lien payable when the property is sold or the loan is paid off; or

(4) forgives the forborne payments in full.

(c) In response to a borrower inquiry about forbearance options and before approving a request for forbearance, the mortgage servicer shall provide the borrower with a complete and accurate description of the forbearance options and procedures for requesting forbearance that includes a description of the post-forbearance options for reinstatement of the mortgage loan. This written notice shall be provided in 7 days and in English and Spanish and any other language the servicer regularly uses to communicate with the borrower.

(d) The mortgage servicer shall approve each application for post-forbearance loss mitigation in which a borrower:

(1) affirms to the mortgage servicer that they have suffered a COVID-19 related hardship, including an existing delinquency or future ability to make payments; and

(2) affirms the ability to pay the forbearance payment through one of the options in subsection (b).

(e) A mortgage servicer who receives a request for forbearance pursuant to this Section shall retain the request, whether approved or denied, for at least 3 years after final payment is made on the mortgage or the mortgage is sold, whichever occurs first. Upon request, a mortgage servicer shall make an application for forbearance available to the Secretary of Financial and Professional Regulation.

(f) A mortgage servicer may not require a lump sum payment of the principal, interest, and escrow amounts from any borrower making payments under a forbearance payment program pursuant to subsection (b), subject to investor guidelines, unless the lump sum payment is due at the end of the loan term or upon the sale, transfer, or refinance of the loan.

Only servicers and lenders that can establish to the satisfaction of the Secretary of Financial and Professional Regulation that they are contractually barred from providing the forbearance relief shall be exempted from compliance with this Section. The servicer shall inform the borrower and the Secretary of Financial and Professional Regulation of any exemption claim at the time of the borrower's request for relief. The servicer shall document the exemption claim with reference to specific contract provisions applicable to the loan.

(g) A person or business whose request for forbearance is denied may file a written complaint with the Secretary of Financial and Professional Regulation. The Secretary of Financial and Professional Regulation is authorized to investigate the complaint in accordance with Section 4-6 of the Residential Mortgage License Act of 1987. Nothing in this subsection shall limit the borrower's rights with respect to Section 110.

(h) A borrower receiving a mortgage forbearance pursuant to subsection (b) on a property that has a tenant shall reduce the rent charged for the property to any tenant during the period in which there is mortgage forbearance in place in an amount proportional to the reduced mortgage amount paid by the borrower to the mortgage servicer. The borrower shall notify the tenant or tenants in writing of the forbearance, explaining with specificity the rent reduction, within 30 days of approval of the forbearance.

(i) To the extent necessary to conform to this Section, the exemptions in subsection (d) of Section 1-4 of the Residential Mortgage License Act of 1987 are waived for the duration of the COVID-19 emergency and economic recovery period.

Section 30. Eviction provisions preempted. For the duration of the COVID-19 emergency and economic recovery period, Article IX of the Code of Civil Procedure is preempted only to the extent that any of its provisions conflict with any provision of this Act.

Section 35. Moratorium on residential and small business commercial premises eviction; enforcement; expiration.

(a) There is hereby declared a moratorium on evictions from residential and small business commercial premises in this State that shall remain in effect until the expiration of the moratorium.

(b) Except as provided in subsection (c), during the moratorium:

(1) No person or entity shall evict or attempt to evict a residential tenant or small business commercial tenant from a dwelling unit or small business commercial premises.

(2) Any eviction notice issued during the moratorium is invalid and shall not be deemed to have terminated the residential or small business commercial tenancy.

(3) No court shall accept any filing, including a complaint, summons, or motion, other than those authorized under subsection (c), in an eviction action, or hear or decide any matter, or enter a judgment in favor of the plaintiff for eviction, rent, or other remedies that may have otherwise been permitted by law. Any deadline or period for action by a party to an eviction action, including the time to appeal a judgment, is tolled during the moratorium.

(4) No sheriff, local law enforcement officer, or any other person or entity may serve process or attempt to serve process for an eviction action. Any process served during the moratorium is insufficient service of process and will not confer jurisdiction on the court.

(c) This moratorium does not prevent a residential landlord from taking any legal action to protect other residential tenants by evicting or otherwise barring from the premises any person who poses a credible threat of violence to other residential tenants at the premises.

(d) This Act shall not be interpreted as restricting or eliminating a residential tenant's ability to file and a court's ability to hold a hearing and issue a ruling on a motion to seal under Section 60.

(e) Any residential or small business commercial tenant dispossessed of a dwelling unit or small business commercial premises in violation of subsection (b) may bring an action in a court of competent jurisdiction to regain possession of the dwelling unit or small business commercial premises. Such a claim shall constitute an emergency and shall be scheduled by the court for a hearing as soon as practicable.

(f) Nothing in this Section prohibits:

(1) a residential or small business commercial tenant from terminating a rental agreement in a manner otherwise prescribed by contract or law; or

(2) the termination of a residential or small business commercial tenancy by mutual agreement.

Section 40. Post-moratorium residential eviction actions and process.

(a) After the expiration of the moratorium, a residential landlord may only seek possession of a dwelling unit for just cause and pursuant to advance written notice stating the cause and terminating the rental agreement, as provided in Section 45. A residential landlord shall have just cause to seek possession if:

(1) Rent that accrued after the expiration of the moratorium is delinquent and the residential tenant fails to pay the delinquent rent within 30 days of service of a written notice under subsection (b) of Section 45. If the rent, together with the filing fees and fees for service of process, is paid before enforcement of the eviction order, then the residential landlord, within 7 days of payment, shall file a motion with the court to vacate the eviction order and to dismiss the court case.

(2) The residential landlord and residential tenant have entered into an equitable and reasonable payment plan and the residential tenant has failed to comply with the terms of the payment plan within 14 days of written notice under subsection (c) of Section 45. If the rent, together with the filing fees and fees for service of process, is paid before enforcement of the eviction order, then the residential landlord, within 7 days of payment, shall file a motion with the court to vacate the eviction order and to dismiss the court case.

(3) The residential tenant commits a material violation of the rental agreement and fails to cure the violation within 30 days of service of a written notice under subsection (d) of Section 45, or the residential tenant has notified the residential landlord that the violation is related to a COVID-19 related hardship but fails to cure the violation within 60 days of the service of the notice.

(b) No residential landlord shall issue an eviction notice based on nonpayment of rent for the tenant's use and occupancy of the dwelling unit that accrued during the moratorium, nor may a residential landlord commence or maintain any eviction action based on the nonpayment. Nothing in this Section prohibits a residential landlord from bringing a claim for rental debt for the tenant's use and occupancy of the dwelling unit that accrues after the expiration of the moratorium, in the manner described in Illinois Supreme Court Rules 281 through 289.

(c) A residential landlord may not commence an eviction action until the requirements of this Section have been satisfied. Any action commenced without first satisfying the requirements shall be dismissed, and the court file pertaining to the action shall be ordered sealed by the court.

(d) A residential landlord shall notify a residential tenant of the tenant's rights and obligations under this Act not less than 60 days before termination of the residential tenant's rental agreement, and not on a date before the expiration of the moratorium. Such notice:

(1) Shall be in writing, headed in boldface 14-point type, in the language the residential landlord commonly uses to communicate with the residential tenant, titled "Important Notice for Tenants", shall include the date the notice was served, and shall state the following in 14-point type:

"This is not a notice to vacate the rental unit. Your landlord cannot terminate your rental agreement or ask you to leave until at least 60 days after [insert date of service].

Your landlord cannot evict you or ask you to leave your rental unit without just cause. Just cause means failing to make rental payments or violating your lease. Before your landlord can evict you, you must be given a new notice that explains why you are being asked to leave and that gives you a chance to stay in your housing.

Your landlord cannot evict you, tell you to leave, or refuse to renew your tenancy based on any nonpayment of rent during the [insert effective dates of the moratorium].

You have rights as a tenant if you are facing financial difficulty from a COVID-19 related hardship or were otherwise impacted by the government stay-at-home order, including income lost due to workplace closures and increased household expenses, such as child care and health care expenses, as well as other reasonable expenditures.

Your landlord has the obligation to seek rent forgiveness from the Residential Housing Relief Fund for any rent due during the period of [insert effective dates of the moratorium] that you were unable to pay due to COVID-19. Your landlord must provide you with a copy of this paperwork when submitting an application related to your tenancy to the Residential Housing Relief Fund.

You have a right to ask for a fair and reasonable payment plan. If you continue to face financial difficulties due to COVID-19 or if you owe rent from before [insert date the moratorium started], you may have the right to repay any rent you owed through a repayment plan in order to preserve your tenancy.

You should seek free legal help. You may wish to contact a lawyer at your local legal aid or housing counseling agency to discuss any rights you may have under the COVID-19 Emergency and Economic Recovery Renter and Homeowner Protection Act."

(2) Shall be served, in accordance with subsection (e) of Section 45, at least 60 days before the date of the service of any eviction notice to a residential tenant or occupant.

(e) A residential landlord shall provide the tenant with a written or electronic statement showing all debits and credits over the COVID-19 emergency and economic recovery period or the past 12 months, whichever is longer, that clearly identifies the amount of rent cancelled under Section 15 and the amount of the tenant's rent deficiency that the tenant must pay in order to preserve the tenancy:

(1) within 10 days of receiving a request for such a written statement from a residential tenant; or

(2) when the residential landlord serves the tenant with an eviction notice as required under subsections (b) and (c) of Section 45.

(f) Upon the receipt of an oral or written request for a repayment plan or to terminate the rental agreement from a residential tenant experiencing a COVID-19 related hardship or notification from the tenant that he or she is experiencing a COVID-19 related hardship, a residential landlord shall deliver a written offer to the tenant of the election to either:

(1) terminate the rental agreement and deliver possession of the rental unit within 60 days of delivery of the residential landlord's written offer; or

(2) enter into and participate in an equitable and reasonable payment plan, as defined in subsection (g).

(g) An agreement is presumptively an equitable and reasonable payment rent plan if:

(1) the residential tenant demonstrates that a COVID-19 related hardship existed during all or some of the time during which the rent went unpaid;

(2) only the agreed rental amount due to the residential tenant's use and occupancy for the covered months shall be due; costs, including late fees, shall not be permitted, nor shall rental increases that occurred during the COVID-19 Emergency Economic Recovery Period be assessed;

(3) the residential tenant is entitled to no less than 12 months to pay the back rent;

(4) the rent is due at the most convenient time for the residential tenant, with regard to the residential tenant's expenditure and income schedule;

(5) the residential tenant does not waive any right or claim guaranteed by federal, State, or local law;

(6) the residential tenant is permitted at least 14 days to cure any default after notice of overdue rent is given; and

(7) the total rental debt accrued each month that the residential tenant experienced a COVID-19 related hardship is reduced by up to 50%, such that the residential tenant's total monthly rental obligation under the payment plan, and including the rent due prospectively, is no greater than one-third of the residential tenant's household income.

(h) If the residential tenant fails to make an election pursuant to subsection (f) within 30 days of service of the written offer or makes an election to terminate his or her rental agreement but fails to deliver possession of the dwelling unit within 60 days of the residential landlord's written offer, the residential landlord may proceed to terminate the residential tenant's rental agreement, but only if the residential landlord has complied with this Section, and there is just cause to terminate the rental agreement.

(i) If the residential landlord has complied with this Section, a residential landlord may only terminate a rental agreement for just cause by serving a new eviction notice under Section 45.

Section 45. Notice and service of notice requirements for residential tenants.

(a) An eviction notice, including a notice to terminate a rental agreement, shall:

(1) be served, as described in subsection (e), to the residential tenant;

(2) state the date on which the notice was served;

(3) describe the dwelling unit with reasonable specificity;

(4) include the name of the residential landlord or the authorized agent, along with his or her phone number, address, and email address;

(5) be signed by an authorized agent;

(6) state that the residential tenant may have rights and defenses if impacted by the COVID-19 related hardship; and

(7) state that the residential tenant should seek help from a lawyer, especially from a local legal aid organization that provides free legal services.

(b) If a residential landlord terminates a rental agreement under paragraph (1) of subsection (a) of Section 40, the notice shall:

(1) specify the amount of rent due and each pay period for which rent is demanded;

(2) append a current accounting statement as required by subsection (e) of Section 40;

(3) state that the rental agreement will terminate on a designated date not less than 30 days after service of the notice;

(4) state that the rental agreement will not be terminated if the residential tenant pays the amount demanded in the notice by a designated date no less than 30 days after service of the notice;

(5) notify the residential tenant that he or she may request an equitable and reasonable payment plan from the residential landlord if impacted by a COVID-19 related hardship; and

(6) state that the residential tenant may reinstate the rental agreement and cause the eviction action to be dismissed if, before enforcement of the eviction order, the residential tenant pays all rents due and any court filing fees the residential landlord has incurred as of the date the payment is made.

(c) If a residential landlord terminates a rental agreement under paragraph (2) of subsection (a) of Section 40, the notice shall:

(1) specify the amount of rent due and each pay period for which rent is demanded;

(2) append a current accounting statement as required by subsection (e) of Section 40;

(3) append the equitable and reasonable payment plan, as defined by subsection (g) of Section 40;

(4) state that the rental agreement will terminate on a designated date not less than 14 days after service of the notice;

(5) state that the rental agreement will not be terminated if the residential tenant pays the amount demanded in the notice by a designated date no less than 14 days after service of the notice; and

(6) state that the residential tenant may reinstate the rental agreement and cause the eviction action to be dismissed if, before enforcement of the eviction order, the residential tenant pays all rents due and any court filing fees the landlord has incurred as of the date the payment is made.

(d) If a residential landlord terminates a rental agreement under paragraph (3) of subsection (a) of Section 40, the notice shall:

(1) specify the acts and omissions constituting a material violation of the terms of the rental agreement;

(2) state that the lease or tenancy will terminate on a designated date not less than 30 days after service of the notice;

(3) state that the material violation may be cured by a designated date not less than 30 days after service of the notice;

(4) state that if the violation of the rental agreement is, directly or indirectly, a result of a COVID-19 related hardship and the residential landlord is provided notification of such, the violation may be cured by a designated date not less than 60 days after service of the notice.

(e) The notices required under this Act shall be served by:

(1) delivering a copy of the notice to the residential tenant;

(2) leaving a copy of the notice with some person of the age of 13 years or older who resides in the residential tenant's dwelling unit; or

(3) sending a copy of the notice by certified mail or first-class mail, return receipt requested, to each residential tenant or occupant and addressed to each known residential tenant.

Section 50. Equitable and reasonable payment plan for residential evictions.

(a) In any eviction action in which the residential landlord is seeking possession on the basis of nonpayment under paragraph (1) of subsection (a) of Section 40 or noncompliance with an equitable and reasonable payment plan under paragraph (2) of subsection (a) of Section 40, the court shall determine whether the parties, before the filing of the action entered into an equitable and reasonable payment plan, as defined by subsection (g) of Section 40.

(1) If an equitable and reasonable payment plan was entered into but the plan does not comply with the requirements of subsection (g) of Section 40, the court shall either modify the plan to comply with the requirements or dismiss the eviction action with prejudice.

(2) If an equitable and reasonable payment plan was entered into and the plan complies with the requirements of subsection (g) of Section 40, then the court shall continue the case for 2 weeks.

(3) If an equitable and reasonable payment plan was not entered into, the court shall refer the parties to mediation or otherwise assist the parties in creating a plan. However, the court shall first review the history of negotiations and communications between the parties regarding the terms of a payment plan. If the court finds that the landlord acted in bad faith in attempting to reach an agreed equitable and reasonable payment plan, or acted recklessly with regard to informing the tenant of the tenant's rights to a payment plan in conformance with subsection (g) of Section 40, then the action shall be dismissed with prejudice.

(b) The landlord shall have the burden of proving the tenant's noncompliance with an equitable and reasonable payment plan by clear and convincing evidence, and the tenant shall have an opportunity to present a defense.

Section 55. Pleadings for residential evictions.

(a) An eviction complaint seeking possession of a dwelling unit shall state at least the following:

(1) that the plaintiff or plaintiffs are entitled to the possession of the premises (describing the premises with reasonable certainty);

(2) that the defendant (naming the defendant) is unlawfully withholding the possession thereof from the plaintiff or plaintiffs;

(3) the capacity in which the plaintiff brings the eviction action (indicate whether the plaintiff is the legal holder of the title, an agent, the trustee under a trust deed or otherwise, as appropriate);

(4) facts supporting any claim that the defendant is unlawfully withholding possession, including the basis for the landlord's demand for possession;

(5) proof of service of the notice required under subsection (d) of Section 40 (here indicate how the notice was served, who served the notice, and the date and time of service, if not already apparent from the notice attached in accordance with paragraph (2) of subsection (d));

(6) information about any offer to the tenant in accordance with Section 40 to enter into an equitable and reasonable payment plan, if offered; and

(7) proof of service of any eviction notice (here indicate how the notice was served, who served the notice, and the date and time of service, if not if not already apparent from the notice attached in accordance with paragraph (3) of subsection (d)).

(b) If the eviction complaint is based on the nonpayment of rent pursuant to a notice under subsection (b) or (c) of Section 45, the complaint shall also state:

(1) the frequency with which the rent is to be paid;

(2) the due date for each payment;

(3) the amount of rent due on each date;

(4) that nonpayment of late fees or charges is not in whole or in part the basis of the plaintiff's eviction action, and no late fees or charges were included in the rent demand on the eviction notice served pursuant to paragraphs (1) and (2) of subsection (a) of Section 40;

(5) the total amount of rents, late fees, and other fees, charges, or damages permitted by law that are due on the date of filing; and

(6) if the residential tenant requested a payment plan or rental agreement termination under Section 40, the date of that request, the date of the offer by the residential landlord, and whether the residential tenant responded.

(c) If the residential landlord's claim for possession is based on other reasons permitted by law other than the nonpayment of rent, the complaint shall also state the reason for the termination of the tenancy with specific facts, including the date, place, and circumstances of the reason for termination with enough specificity to provide the residential tenant with an opportunity to prepare a defense.

(d) In addition to the requirements set forth in subsections (a) through (c), the complaint in an eviction action shall attach:

(1) An affidavit, verified by the plaintiff or the plaintiff's attorney, that states whether the dwelling unit that plaintiff seeks possession of is a "covered dwelling" within the meaning of Section 4024(a)(1) of the Coronavirus Aid, Relief, and Economic Security Act (Pub. L. 116-136) and whether the premises of which the dwelling unit is a part of is a "covered property" within the meaning of Section 4024(a)(2) of the Coronavirus Aid, Relief, and Economic Security Act.

(2) A true and accurate copy of any notices served pursuant to subsection (d) of Section 40, if any.

(3) A true and accurate copy of any eviction notice served, if any.

(4) A true and accurate copy of the written rental agreement, or if none, an affidavit, verified by the plaintiff, of the nature of the tenancy and its general terms.

(5) If the residential landlord received a forbearance for the dwelling unit or the property or premises in which the dwelling unit is part of pursuant to Section 25, a true and accurate copy of any notice confirming the forbearance from the servicer or lender, or if no notice is received, an affidavit certifying confirmation of the forbearance and the terms therefor.

(e) Except as provided in subsection (f) and (g), the rules of pleading and practice in other civil cases shall apply to eviction actions, including the requirement to make substantial allegations of fact necessary to state a cause of action.

(f) The defendant may under a general denial of the allegations of the complaint offer in evidence any matter in defense of the action.

(g) A claim for rent may not be joined to the complaint, nor may a separate action for rent be consolidated and no judgment for rent may be entered in an eviction action.

Section 60. Residential eviction case sealing.

(a) The court file shall be sealed upon the commencement of any residential eviction action during the COVID-19 emergency and economic recovery period. If a residential eviction action commenced during the COVID-19 emergency and economic recovery period is pending on the effective date of this Act and is not sealed, the court shall, upon the motion of either party or its own motion, order the sealing of the court file.

(b) The court may, upon the motion of the either party or its own motion, order the sealing of any court file in a residential eviction action commenced before the COVID-19 emergency and economic recovery period, if the court finds:

(1) the residential tenant has established an affirmative defense to the eviction action, including, but not limited to, a defense under Section 65 or 90;

(2) the defendant has experienced a COVID-19 related hardship; or

(3) the interests of justice in sealing the court file outweigh the public interest in maintaining a public record.

(c) Upon motion and order of the court, a sealed court file may be made available for scholarly, educational, journalistic, or governmental purposes only, balancing the interests of the parties and the public in nondisclosure with the interests of the requesting party. Identifying information of the parties shall remain sealed, unless the court determines that release of the information is necessary to fulfill the purpose of the request. Nothing in this subsection shall permit the release of a sealed court file or the information contained therein for a commercial purpose.

Section 65. Affirmative defenses to residential evictions. It is an affirmative defense to an eviction if the court finds that:

(1) the residential landlord's demand for possession is based in whole or in part upon violations of the Illinois Human Rights Act;

(2) the residential landlord's demand for possession is based upon rent or utilities being owed during the term of the COVID-19 emergency and economic recovery period and the residential tenant has experienced a COVID-19 related hardship;

(3) the residential landlord's demand for possession is based on rent nonpayment under paragraph(1) or (2) of subsection (a) of Section 40, and the residential tenant attempted to pay the full rent due at any point before the entry of an eviction order;

(4) the residential landlord's demand for possession is based in whole or in part on a refusal to accept rent or rental assistance on behalf of the residential tenant from any third-party source;

(5) the residential landlord received a mortgage forbearance in accordance with Section 25, and the residential landlord did not reduce the residential tenant's rent in accordance therewith;

(6) the residential landlord's demand for possession is based in whole or in part on the presence of an unauthorized guest or occupant in violation of the lease during the term of the COVID-19 emergency and economic recovery period and the unauthorized guest or occupant is present as a result of COVID-19 related hardship or a shelter in place or other public health emergency order; or

(7) the residential landlord has engaged in an act or actions in violation of Section 70, 75, 80, or 85.

Section 70. Prohibited fees, charges, and rent increases.

(a) During the moratorium, a residential landlord shall not increase rent or provide notice of a rent increase under Section 75.

(b) A residential landlord shall not charge, impose, or collect any late fees, penalties, or other charges to a residential tenant for any purpose, including as a result of any late or unpaid rent, utility charges, or any other costs associated with the use and occupancy of the dwelling unit that accrued before the expiration of the moratorium, including the residential landlord's attorneys' fees.

Section 75. Limitation on rent increase and recovery.

(a) From the date on which the moratorium expires through the expiration of this Act, a residential landlord shall not, during the course of any consecutive 12-month period, increase a residential tenant's rent unless the landlord provides the tenant with:

(1) 30 days' written notice before the effective date of the change for any increase by less than 5%;

(2) 60 days' written notice before the effective date of the change for any increase by 5% or more, but less than 10%;

(3) 90 days' written notice before the effective date of the change for any increase by 10% or more, but less than 15%; or

(4) 120 days' written notice before the effective date of the change for any increase by 15% or more.

(b) During the COVID-19 emergency and economic recovery period, a residential landlord shall not seek or be awarded relief or damages pursuant to Section 9-202 or 9-203 of the Code of Civil Procedure.

Section 80. Retaliation prohibited. During the COVID-19 emergency and economic recovery period, a residential landlord shall not terminate or refuse to renew a rental agreement, increase rent, decrease services, or bring or threaten to bring an eviction action because:

(1) The residential tenant has in good faith complained to the residential landlord, a governmental agency, community organization, or the media about:

(A) housing, building, or health code violations at the premises;

(B) violations of this Act by the residential landlord; or

(C) a failure by the residential landlord to comply with any gubernatorial disaster proclamation that impacts the health, safety, or right to quiet enjoyment of the residential tenant.

(2) The residential tenant has organized or become a member of a tenants' union or similar organization.

(3) The residential tenant has performed or expressed the intent to perform any other act for the purpose of asserting, protecting, or invoking the protection of any right secured to tenants under any federal, State, or local law.

Section 85. Lockout prohibited.

(a) A residential landlord may not directly or indirectly cause or threaten:

(1) The termination or interruption of any utility service furnished to a dwelling unit, including water, heat, light, electricity, gas, elevator, Internet, or garbage collection services, regardless of whether the utility service is under the control of, or payment is made by, the residential landlord.

(2) The residential tenant to be without reasonable access to the dwelling unit, including, without limitation, by changing the locks, obstructing a door, or using a boot lock or similar device.

(3) The removal of any outside door, lock, roof, wall, or window of the dwelling unit.

(4) The removal of any of the residential tenant's personal property from the dwelling unit.

(b) A residential landlord shall have an affirmative defense to a claim brought under this Section if the residential landlord shows, by a preponderance of the evidence, that:

(1) the landlord acted in compliance with local, State, and federal laws pertaining to eviction; and

(2) the sheriff of the county where the property is located was used to enforce an eviction order entered in a judicial eviction action.

Section 90. Compliance deadlines for residential evictions.

(a) For eviction actions wherein parties have compliance deadlines during the COVID-19 emergency and economic recovery period, it is an affirmative defense to a claim of noncompliance if the court finds that one or more of the following affected the residential tenant's ability to comply:

(1) The residential tenant experienced a COVID-19 related hardship; is over the age of 55; or is part of a group deemed to be at higher risk for severe illness from COVID-19.

(2) An executive order, shelter in place, or public health emergency order restricting the movement of persons, issued to slow the transmission of COVID-19, prevented the residential tenant from meeting a compliance deadline.

(b) When asserting one or more of the affirmative defenses defined in subsection (a), any one of the following types of evidence may be provided, at the residential tenant's election: medical, employment, or other records showing the residential tenant's COVID-19 related hardship; records showing that the residential tenant is at a higher risk of severe illness from COVID-19; or any other records or statements, oral or written, supporting the affirmative defense.

(c) The residential tenant has the burden of proving an affirmative defense under this Section by preponderance of the evidence. Upon finding that the residential tenant has met this burden:

(1) the court may reasonably extend any compliance deadline; or

(2) the court may stay the enforcement of an eviction order entered as a result of noncompliance for a period of 60 days, or any later date deemed reasonable by the court.

(d) If the residential tenant cures an alleged default, the residential tenant, within the period of stay, may file a motion to vacate the judgment in the court in which the judgment was entered, and if the court, upon the hearing of a motion, finds that the default has been cured, the court shall vacate the judgment and the court file shall be sealed under Section 60.

Section 95. Continuance to seek legal representation.

(a) In any eviction action, it is sufficient cause for a continuance under Section 2-1007 of the Code of Civil Procedure that a party requests a continuance to seek legal representation, or if the party does not state a basis for his or her request for a continuance, the court shall make an inquiry into the reasoning therefor. The court, in its discretion under Section 2-1007 of the Code of Civil Procedure, may grant a continuance for 2 weeks or for a longer period as the court determines is just.

(b) If a tenant's request for a continuance is denied, the tenant may renew the motion before another judge, substituted under Section 2-1001 of the Code of Civil Procedure or otherwise assigned, without leave of court and at any time before trial. A judicial ruling on a request for a continuance does not constitute a decision of a substantial issue in the case under Section 2-1001 of the Code of Civil Procedure.

Section 100. Fair housing protections.

(a) As used in this Section:

"COVID-19 disability" means any person who is diagnosed with COVID-19, the illness caused by the SARS-CoV-2 virus, expresses symptoms similar to those caused by COVID-19, is regarded as having COVID-19, or who has been exposed to another person diagnosed with COVID-19.

"Criminal record" means the record of an arrest, charge, citation, or conviction; record of participation in a diversion or deferral of judgment program; record of participation in supervised release; juvenile record; or criminal history record information ordered sealed, expunged, or impounded under Section 5.2 of the Criminal Identification Act. For purposes of this definition:

(1) "Conviction" means a judgment of liability entered upon a plea, verdict, or finding of guilt for an offense, rendered by a legally constituted jury, court or administrative authority of competent jurisdiction.

(2) "Offense" means a violation of any penal statute, ordinance, law, or code of any jurisdiction.

(3) The "unlawful activity" exemption for arrest records in Section 3.102-5 of the Human Rights Act shall apply to criminal records.

"Occupation" means any lawful vocation, trade, profession, or field of specialization.

"Source of income" means any lawful, verifiable, source of income or housing assistance paid by the occupant or on the occupant's behalf, including, but not limited to, federal, state or local assistance, including medical assistance, tenant-based federal, state or local subsidies, rental assistance, rent supplements, and housing choice vouchers.

(b) It is a civil rights violation under the Illinois Human Rights Act for an owner or any other person engaged in a real estate transaction to engage in any activities prohibited by Article 3 of the Illinois Human Rights Act on the basis of a COVID-19 disability, criminal record, occupation, or source of income.

(c) Notwithstanding subsection (k) of Section 3-102.1 of the Illinois Human Rights Act, a dwelling may not be denied to an individual, and a housing-related privilege or service may not be diminished, if the tenancy or the provision of the privilege or service would cause a direct threat to the health or safety of others, unless the landlord has undertaken a reasonable effort to make a reasonable accommodation in rules, policies, practices, or services to ameliorate the direct threat.

(d) Nothing in this Section shall be construed to deny or otherwise limit any other protection or remedy available under the Illinois Human Rights Act.

Section 105. Waiver prohibited. Any waiver of a right under this Act by a tenant is void as a matter of public policy.

Section 110. Individual relief.

(a) Except under Section 90, an injured party may file an action in a court of competent jurisdiction against a person who violates this Act for any violations of this Act that occurred during the COVID-19 emergency and economic recovery period. If the alleged injury occurred under a Section of this Act that expires at the end of the moratorium period, this Section does not prohibit the party from filing the action after the moratorium period expires, subject to any applicable statute of limitations.

(b) An injured party may recover $1,000, or the actual and consequential damages resulting from the injury, whichever is greater, for each violation of this Act, as well as costs and reasonable attorney's fees.

(c) If the violation is under Section 70, 80, or 85, the injured party may recover $2,000, or twice the actual and consequential damages resulting from the injury, whichever is greater, for each violation, as well as costs and reasonable attorney's fees. If the injured party is over the age of 55, has a disability as defined under the Illinois Human Rights Act, or is suffering or caring for a household member suffering from a life-threatening illness, as verified by a third-party physician, then the damages shall be $3,000, or 3 times the actual and consequential damages.

(d) The injured party may recover these damages by an action at law or by a counterclaim in an eviction or any other action brought against the injured party.

(e) In addition to damages, an injured party may seek permanent or preliminary injunctive relief, or any other appropriate legal remedy, to remedy a violation of this Act.

Section 115. Enforcement by Attorney General or State's Attorney.

(a) Whenever the Attorney General or a State's Attorney has reason to believe that any person is in violation of this Act, and that proceedings would be in the public interest, he or she may bring an action in the name of the People of the State against the person by seeking a permanent or preliminary injunction to restrain the violation.

(b) The Court, in its discretion, may exercise all powers necessary, including, but not limited to: injunction; revocation, forfeiture or suspension of any license, charter, franchise, certificate or other evidence of authority of any person to do business in this State; appointment of a receiver; dissolution of domestic corporations or associations; suspension or terminations of the right of foreign corporations to do business in this State; and restitution.

(c) In addition to any relief provided under subsections (a) and (b), the Attorney General or State's Attorney may request, and the Court may impose, a civil penalty in a sum not to exceed $50,000 against any person found by the court to have engaged in any violation of this Act.

Section 120. Sovereign immunity. Sovereign immunity is waived with respect to any violation of this Act committed by a public official or agency, including any public housing authority.

Section 125. Conflict with federal law. Nothing with respect to this Act conflicts with or is intended to conflict with federal law.

Section 130. Repeal. This Act is repealed at the end of the COVID-19 emergency and recovery period defined in Section 10.

Section 999. Effective date. This Act takes effect upon becoming law.".