Rep. Delia C. Ramirez

Filed: 5/15/2020





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2    AMENDMENT NO. ______. Amend House Bill 5574 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the
5COVID-19 Emergency and Economic Recovery Renter and Homeowner
6Protection Act.
7    Section 5. Purpose and findings. The purpose of this Act is
8to protect renters, homeowners, and persons in need of housing,
9based upon the following findings:
10    International, national, state, and local governments and
11health authorities are responding to an outbreak of a disease
12caused by the novel coronavirus referred to as COVID-19.
13    Minority households in the State of Illinois are at
14disproportionate risk of exposure to and the contraction of
15COVID-19 and to economic effects of this pandemic.
16    On March 12, 2020, the Governor of the State of Illinois



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1issued a disaster declaration proclamation in Illinois because
2of the threat of COVID-19.
3    On March 26, 2020, the President of the United States
4declared that a major disaster exists in the State of Illinois
5and ordered Federal assistance to supplement State, tribal, and
6local recovery efforts in the areas affected by the COVID-19
7pandemic beginning on January 20, 2020 and continuing.
8    On April 1, 2020, the Governor of the State of Illinois
9issued a second disaster declaration proclamation in Illinois
10because of the threat of COVID-19.
11    On April 30, 2020, the Governor of the State of Illinois
12issued a third disaster declaration proclamation in Illinois
13because of the threat of COVID-19.
14    The Centers for Disease Control and Prevention and the
15Illinois Department of Public Health have issued
16recommendations including, but not limited to, social
17distancing, staying home if sick, shutting down all
18nonessential businesses, canceling or postponing large group
19events, working from home, and other precautions to protect
20public health and prevent transmission of this communicable
22    Experts predict a vaccine will not be approved for at least
23a year, and the World Health Organization has stated, "There is
24currently no evidence that people who have recovered from
25COVID-19 and have antibodies are protected from a second



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1    Because of the public health emergency and the precautions
2recommended by health authorities, many residents and
3businesses in the State of Illinois have experienced or expect
4soon to experience sudden and unexpected income loss.
5    A quarter of this State's workforce is employed in
6industries directly impacted by the closure of nonessential
7services as recommended by health authorities, and
8unemployment claims in this State are exceeding levels from the
92008 Great Recession.
10    Further long-term economic impacts are anticipated, with
11reliable forecasts of 30% unemployment rate in the second
12quarter of 2020, leaving residential and commercial tenants
13vulnerable to eviction and homeowners vulnerable to
15    The Governor of the State of Illinois has stated that
16individuals exposed to COVID-19 may be temporarily unable to
17report to work due to illness caused by COVID-19 or quarantines
18related to COVID-19 and individuals directly affected by
19COVID-19 may experience potential loss of income, health care
20and medical coverage, and ability to pay for housing and basic
21needs, thereby placing increased demands on already strained
22regional and local health and safety resources, including
23shelters and food banks.
24    Before COVID-19, over half of Illinois low-income renters
25were already rent-burdened, and the rate of underwater
26mortgages in Illinois was one of the highest in the nation.



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1    31% of adults in a nationally representative sample taken
2during the pandemic report that they are worried that they
3cannot pay rent, a mortgage, or utilities.
4    During this emergency and in the interest of protecting the
5public health and preventing transmission of COVID-19, it is
6essential to avoid unnecessary housing displacement to prevent
7housed individuals from falling into homelessness.
8    On March 20, 2020, the Governor issued Executive Order
92020-10, which instructed authorities to cease enforcement of
10orders for residential evictions.
11    On March 18, 2020, the Illinois Commerce Commission
12required all private water, electric, and natural gas utilities
13in Illinois to suspend service disconnections, waive
14late-payment penalties, and implement temporary flexible
15credit and payment procedures to ensure all customers remain
16connected to essential utility service.
17    On April 23, 2020, the Governor issued Executive Order
182020-30, which further prohibited persons and entities from
19commencing residential eviction actions in most cases and
20ceasing the enforcement of eviction orders for most
21nonresidential premises.
22    Unpaid rent, late fees, and court costs are currently
23accruing against residential and commercial tenants and will be
24demanded by landlords after the expiration of the emergency
26    Public health is endangered if tenants will face immediate



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1demand for the entire sum after the emergency period expires,
2the courts are clogged with thousands of additional eviction
3court filings, tenants leave their homes and enter into
4homelessness in order to avoid an eviction filing, resulting in
5a chaotic displacement process.
6    Involuntary displacement caused by an eviction interrupts
7a child's education, causing the child to have lower school
8achievement and delayed literacy skills and be more likely to
9be truant, threatens the child's social and emotional security,
10and adversely impacts families in the form of stress and
11exposure to substandard housing with environmental hazards.
12    The State of Illinois needs to ensure that returning
13citizens have fair and equitable access to housing, that
14persons who have or who are perceived to have COVID-19 are
15protected from housing discrimination, and that renters and
16homeowners cannot be discriminated against for relying upon
17third-party sources of financial support to pay their rent and
19    The State of Illinois deems it necessary to protect public
20health, life, and property during this declared state of
21emergency by protecting small business commercial and
22residential tenants and homeowners from certain evictions and
23foreclosures and other hardships during this public health and
24economic crisis.
25    Section 10. Definitions. Unless the context clearly



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1indicates otherwise, as used in this Act:
2    "COVID-19 emergency and economic recovery period" means
3the period beginning on March 9, 2020, when the Governor issued
4the first disaster proclamation for the State of Illinois to
5address the circumstances related to COVID-19, and ending on
6the first day of the month following a month in which both the
7published statewide unemployment rate is no more than 1.5
8percentage points higher than the statewide unemployment rate
9for February 2020, and the published statewide unemployment
10rate has decreased in 2 of the previous 3 months. However, if a
11gubernatorial disaster proclamation issued to address
12circumstances related to COVID-19 is still in effect on that
13date, the COVID-19 emergency and economic recovery period
14expires 45 days after that proclamation expires.
15    "COVID-19 related hardship" means any negative financial,
16medical, or other impact on an individual or household because
17of COVID-19 and associated governmental orders, including:
18diagnosis of the individual or household member with COVID-19
19or the advice to self-quarantine by a health care provider;
20loss of income, furlough, hour reduction or other interruption
21to employment due to workplace, school, and other facility
22closures; or increased household, child care, health care, or
23other expenses.
24    "Dwelling unit" means a building, structure, or part of a
25building or structure or land appurtenant to a building or
26structure, a unit or lot of a manufactured home as defined in



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1Section 3 of the Mobile Home Landlord and Tenant Rights Act, or
2other residential real estate used or held out for human
3habitation, together with all common areas and storage areas
4held out for use by the resident.
5    "Eviction" or "to evict" means using any judicial or
6nonjudicial means to involuntarily remove a resident from a
7dwelling unit or a small business commercial premises,
8including, but not limited to:
9         (1) issuing an eviction notice or other notice to
10    terminate a tenancy;
11         (2) filing, serving, or other otherwise initiating a
12    judicial eviction action;
13         (3) prosecuting a pending eviction action, other than
14    as necessary to request a continuance or suspension of the
15    matter or to comply with an order of the tribunal; or
16         (4) seeking or causing any order for the physical
17    eviction of a resident to be executed.
18    "Eviction action" means any judicial or administrative
19proceeding that seeks recovery of possession of a dwelling unit
20or small business commercial premises from a resident.
21    "Eviction order" means any order entered in an eviction
22action that directs or authorizes the removal of a resident
23from a dwelling unit or a small business commercial premises.
24"Eviction order" does not include an order entered to remove a
25resident who is the perpetrator of violence in order to protect
26another resident or tenant from domestic violence, sexual



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1violence, dating violence, or stalking. "Eviction order" does
2not include an order restoring a resident to possession of the
3dwelling unit entered under subsection (e) of Section 35.
4    "Eviction notice" means any notice directing a resident to
5vacate the dwelling unit or small business commercial premises
6or otherwise purporting to terminate a tenancy.
7    "Fund" means the Residential Housing Relief Fund created
8under Section 15.
9    "IHDA" or "Department" means the Illinois Housing
10Development Authority.
11    "Landlord" means an owner of record, agent, lessor,
12sublessor, court-appointed receiver or master, mortgagee in
13possession, or the successor in interest of any of them of a
14dwelling unit or the building of which it is a part and any
15person authorized to exercise any aspect of the management of
16the premises. "Landlord" includes any person who directly or
17indirectly receives rents and has no obligation to deliver the
18whole of the receipts to another person. "Landlord" also
19includes the owner of a mobile home park.
20    "Material economic hardship" means that a landlord
21enduring the hardship would have to limit spending on household
22necessities. "Material economic hardship" does not include
23reduction in savings, profit margins, discretionary spending,
24or nonessential assets. If a landlord is a limited liability
25company, the assets and liabilities of the landlord shall be
26adjudged with consideration of its individual members, parent



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1companies, umbrella, and series corporations and related
3    "Material violation" means, except as provided by federal
4law, a substantial violation of a material term of the rental
5agreement. "Material violation" does not include a tenant's
6failure to pay rent or other amounts due under the rental
7agreement or the tenant's failure to surrender possession after
8the expiration of the rental agreement.
9    "Moratorium" means the 180-day period beginning on the
10effective date of this Act.
11    "Premises" means the dwelling unit and the building or
12structure of which it is a part, facilities and appurtenances
13therein, and grounds, areas, and facilities held out for the
14use of residents.
15    "Rental agreement" means every letting or lease, whether by
16written or verbal agreement, of a dwelling unit or small
17business commercial premises.
18    "Residential landlord" means an owner of record, agent,
19lessor, sublessor, court-appointed receiver or master,
20mortgagee in possession, or the successor in interest of any of
21them of a dwelling unit or the building of which it is a part,
22and any person authorized to exercise any aspect of the
23management of the premises. "Residential landlord" includes
24any person who directly or indirectly receives rents and has no
25obligation to deliver the whole of the receipts to another
26person. "Residential landlord" also includes the owner of a



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1mobile home park.
2    "Residential tenant" means a person entitled by written or
3verbal agreement, subtenancy approved by the landlord, or by
4sufferance to occupy a dwelling unit to the exclusion of
5others. "Residential tenant" includes members of a tenant's
6household occupying the dwelling unit.
7    "Small business commercial landlord" means an owner of
8record, agent, lessor, sublessor, court-appointed receiver or
9master, mortgagee in possession, or the successor in interest
10of any of them of a small business commercial premises or the
11building of which it is a part and any person authorized to
12exercise any aspect of the management of the premises. "Small
13business commercial landlord" includes any person who directly
14or indirectly receives rents and has no obligation to deliver
15the whole of the receipts to another person.
16    "Small business commercial premises" means any parcel of
17real property that is developed and used either in part or in
18whole for commercial purposes by a business that is not a part
19of a multinational corporation, has less than 25 employees, and
20the average income per employee is $50,000 or less.
21    "Small business commercial tenant" means a commercial
22tenant that is not a part of a multinational corporation, has
23less than 25 employees, and the average income per employee is
24$50,000 or less.
25    "Statewide unemployment rate" means the official
26seasonally adjusted unemployment rate provided by the U.S.



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1Bureau of Labor Statistics and published monthly by the
2Illinois Department of Economic Security.
3    "Tenancy" means the occupation or use of a dwelling unit
4under a rental agreement.
5    "Tenant" means a resident or occupant of a dwelling unit.
6    Section 15. Residential rent and mortgage cancellation and
8    (a) Subject to appropriation in furtherance of subsection
9(c), there is hereby declared a cancellation of rental debt
10accrued to any residential tenant in this State who has
11experienced a COVID-19 related hardship during the moratorium.
12    (a-5) The following prohibitions apply:
13         (1) No residential landlord shall charge a fine or fee
14    to a residential tenant for nonpayment of rent in
15    accordance with subsection (a), including late fees and
16    liquidated or other damages, and the nonpayment of rent
17    shall not be grounds for the issuance of any eviction
18    notice or initiation of any eviction action.
19         (2) No residential tenant may be treated by any
20    individual or entity as accruing any debt because of the
21    cancellation of rent under subsection (a).
22         (3) No residential tenant may be held liable by any
23    person or entity for repayment of any amount of rent
24    canceled under subsection (a).
25         (4) The nonpayment of rent by a residential tenant



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1    shall not be reported to a consumer reporting agency or
2    tenant screening agency, nor shall the nonpayment
3    adversely affect a residential tenant's credit score.
4    (b) To the extent permitted by federal law, and subject to
5appropriation in furtherance of subsection (c), the obligation
6of each mortgagor to make mortgage payments of principal and
7interest that come due during the moratorium are hereby
8canceled to any mortgagor in this State who has experienced a
9COVID-19 related hardship during the moratorium.
10    (c) The Illinois Housing Development Authority shall
11establish a Residential Housing Relief Fund to provide payments
12under this Section to:
13        (1) compensate residential landlords and mortgagees
14    for certain rental and mortgage amounts cancelled under
15    subsections (a) and (b);
16        (2) provide assistance to residential tenants who need
17    to move;
18        (3) provide assistance to mortgagors unable to make
19    certain mortgage payments after the moratorium expires;
20    and
21        (4) provide assistance to residential tenants who are
22    unable to make certain rental payments after the moratorium
23    expires.
24    (d) IHDA shall allocate funds to local administering
25agencies for distribution to residential landlords,
26residential tenants, and mortgagors of dwelling units subject



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1to subsections (a) and (b) and further administrative
2requirements as set forth by IHDA.
3    (e) IHDA shall develop standards by which to determine the
4priority of payments under this Section. The standards shall
5prioritize funding eligibility in the following manner:
6        (1) Prioritize residential landlords that demonstrate
7    that rent cancellation created a material economic
8    hardship.
9        (2) Prioritize mortgagors who are at risk of
10    foreclosure, despite the protections in Section 25, due to
11    a COVID-19 related hardship, as well as mortgagors whose
12    secured property is in a neighborhood or zip code
13    experiencing high levels of poverty when compared to the
14    State as a whole.
15        (3) Prioritize residential tenants at or below 60% of
16    the median family income for the area of the local
17    administering agency.
18        (4) Prioritize State or other funds for residential
19    landlords, mortgagees, or residential tenants not eligible
20    for federal funds.
21    (f) The Department and local administering agencies may
22provide payments under this Section only with respect to
23residential landlords who enter into binding agreements with
24the Department or local administering agencies to ensure that,
25during the period that a residential landlord receives payment
26under this Section for occupancy of a dwelling unit, the



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1landlord complies with the requirements of this Section. If a
2residential landlord violates any requirement with respect to a
3covered rental dwelling unit under any certification or
4agreement entered into pursuant to this subsection, the
5Department or the local administering agencies shall have the
6right to recapture from the residential landlord an amount
7equal to the entire amount of assistance provided under this
8Section that is attributable to the dwelling unit and deposit
9the recaptured amount into the Fund.
10    (f-5) During the COVID-19 emergency and economic recovery
11period, a residential landlord receiving relief under this
12Section may not report the residential tenant of the dwelling
13unit to a debt collector or provide any adverse information
14regarding the residential tenant to any credit reporting
16    (g) The amount of a payment under this Section may not
17exceed the aggregate amount of rent for the dwelling unit
18suspended pursuant to subsection (a) and attributable only to
19days during the moratorium that the dwelling unit was occupied
20by a residential tenant otherwise required to pay rent.
21    (h) The amount of payment with respect to a covered
22dwelling unit shall be reduced by the amount of payment made to
23the landlord from the Residential Housing Relief Fund in
24connection to the tenant's use and occupancy.
25    (i) This Section is subject to appropriation.



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1    Section 20. Foreclosure moratorium.
2    (a) Notwithstanding any provision of the Illinois Mortgage
3Foreclosure Law, beginning on the effective date of this Act
4and for the moratorium, unless a shorter time is required by
5federal law, a mortgagee, servicer, creditor, or trustee, for
6the purposes of foreclosure of residential real estate as
7defined by Section 15-1219 of the Code of Civil Procedure, may
9        (1) initiate or continue a foreclosure action;
10        (2) cause notice of a foreclosure to be published;
11        (3) exercise the power of a judicial sale; or
12        (4) pursue an eviction order or execution thereof.
13    (b) All time deadlines related to the foreclosure
14proceeding, including the running of any redemption period, is
15tolled for the duration of the moratorium.
16    (c) Each judicial circuit shall establish a foreclosure
17mediation program consistent with Illinois Supreme Court Rule
1899.1, to begin upon the expiration of the moratorium.
19    (d) Notwithstanding any provision of the Condominium
20Property Act or any other provision of Illinois law, the board
21of managers of a condominium association may not, for the
22duration of the COVID-19 emergency and economic recovery
24        (1) impose charges or levy fines against any unit owner
25    who fails to make any payment of the common expenses when
26    due;



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1        (2) record a lien against the property interest of a
2    unit owner who fails to make any payment of the common
3    expenses when due; or
4        (3) evict a homeowner or residential tenant for a
5    COVID-19 related hardship.
6    Section 25. Homeowner protections.
7    (a) Notwithstanding any provision of the Residential
8Mortgage License Act of 1987 or any other provision of State
9law, during the COVID-19 emergency and economic recovery
10period, each entity that holds mortgage servicing rights,
11including entities that service their own loans, to a
12residential mortgage loan under the jurisdiction of the
13Department of Financial and Professional Regulation shall
14develop a forbearance program for borrowers within 45 days of
15the effective date of this Act that, at a minimum:
16        (1) grants at least a 180-day forbearance period to
17    make ongoing installment payments for all applicable
18    principal, interest, taxes, insurance, and association
19    fees, renewable for one additional period of 180 days, of
20    mortgage payments for borrowers;
21        (2) waives any late fee, processing fee, penalties, or
22    other charges due to failure to make scheduled payments in
23    connection with forbearance or any other fees accrued
24    during the pendency of the forbearance period or public
25    health emergency; and



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1        (3) does not report to a credit reporting agency any
2    delinquency or other derogatory information as a result of
3    the deferral.
4    The forbearance program shall be provided to borrowers who
5request forbearance and affirm that they are experiencing a
6COVID-19 related hardship.
7    (b) The mortgage servicer shall establish application
8criteria and procedures for borrowers to apply for loss
9mitigation options following the termination of the
10forbearance program that requires that either:
11        (1) the loan repayment term shall be extended in
12    monthly increments to match the number of delinquent
13    payments in order to maintain pre-forbearance payment
14    levels;
15        (2) the loan shall be modified by capitalizing the
16    deferred arrearages into the principal balance and
17    extending the loan repayment term to reach an affordable
18    payment for the borrower;
19        (3) the forborne principal, interest, and escrow
20    advances be converted to a non-interest-bearing lien
21    payable when the property is sold or the loan is paid off;
22    or
23        (4) forgives the forborne payments in full.
24    (c) In response to a borrower inquiry about forbearance
25options and before approving a request for forbearance, the
26mortgage servicer shall provide the borrower with a complete



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1and accurate description of the forbearance options and
2procedures for requesting forbearance that includes a
3description of the post-forbearance options for reinstatement
4of the mortgage loan. This written notice shall be provided in
57 days and in English and Spanish and any other language the
6servicer regularly uses to communicate with the borrower.
7    (d) The mortgage servicer shall approve each application
8for post-forbearance loss mitigation in which a borrower:
9        (1) affirms to the mortgage servicer that they have
10    suffered a COVID-19 related hardship, including an
11    existing delinquency or future ability to make payments;
12    and
13        (2) affirms the ability to pay the forbearance payment
14    through one of the options in subsection (b).
15    (e) A mortgage servicer who receives a request for
16forbearance pursuant to this Section shall retain the request,
17whether approved or denied, for at least 3 years after final
18payment is made on the mortgage or the mortgage is sold,
19whichever occurs first. Upon request, a mortgage servicer shall
20make an application for forbearance available to the Secretary
21of Financial and Professional Regulation.
22    (f) A mortgage servicer may not require a lump sum payment
23of the principal, interest, and escrow amounts from any
24borrower making payments under a forbearance payment program
25pursuant to subsection (b), subject to investor guidelines,
26unless the lump sum payment is due at the end of the loan term



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1or upon the sale, transfer, or refinance of the loan.
2    Only servicers and lenders that can establish to the
3satisfaction of the Secretary of Financial and Professional
4Regulation that they are contractually barred from providing
5the forbearance relief shall be exempted from compliance with
6this Section. The servicer shall inform the borrower and the
7Secretary of Financial and Professional Regulation of any
8exemption claim at the time of the borrower's request for
9relief. The servicer shall document the exemption claim with
10reference to specific contract provisions applicable to the
12    (g) A person or business whose request for forbearance is
13denied may file a written complaint with the Secretary of
14Financial and Professional Regulation. The Secretary of
15Financial and Professional Regulation is authorized to
16investigate the complaint in accordance with Section 4-6 of the
17Residential Mortgage License Act of 1987. Nothing in this
18subsection shall limit the borrower's rights with respect to
19Section 110.
20    (h) A borrower receiving a mortgage forbearance pursuant to
21subsection (b) on a property that has a tenant shall reduce the
22rent charged for the property to any tenant during the period
23in which there is mortgage forbearance in place in an amount
24proportional to the reduced mortgage amount paid by the
25borrower to the mortgage servicer. The borrower shall notify
26the tenant or tenants in writing of the forbearance, explaining



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1with specificity the rent reduction, within 30 days of approval
2of the forbearance.
3    (i) To the extent necessary to conform to this Section, the
4exemptions in subsection (d) of Section 1-4 of the Residential
5Mortgage License Act of 1987 are waived for the duration of the
6COVID-19 emergency and economic recovery period.
7    Section 30. Eviction provisions preempted. For the
8duration of the COVID-19 emergency and economic recovery
9period, Article IX of the Code of Civil Procedure is preempted
10only to the extent that any of its provisions conflict with any
11provision of this Act.
12    Section 35. Moratorium on residential and small business
13commercial premises eviction; enforcement; expiration.
14    (a) There is hereby declared a moratorium on evictions from
15residential and small business commercial premises in this
16State that shall remain in effect until the expiration of the
18    (b) Except as provided in subsection (c), during the
20        (1) No person or entity shall evict or attempt to evict
21    a residential tenant or small business commercial tenant
22    from a dwelling unit or small business commercial premises.
23        (2) Any eviction notice issued during the moratorium is
24    invalid and shall not be deemed to have terminated the



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1    residential or small business commercial tenancy.
2        (3) No court shall accept any filing, including a
3    complaint, summons, or motion, other than those authorized
4    under subsection (c), in an eviction action, or hear or
5    decide any matter, or enter a judgment in favor of the
6    plaintiff for eviction, rent, or other remedies that may
7    have otherwise been permitted by law. Any deadline or
8    period for action by a party to an eviction action,
9    including the time to appeal a judgment, is tolled during
10    the moratorium.
11        (4) No sheriff, local law enforcement officer, or any
12    other person or entity may serve process or attempt to
13    serve process for an eviction action. Any process served
14    during the moratorium is insufficient service of process
15    and will not confer jurisdiction on the court.
16    (c) This moratorium does not prevent a residential landlord
17from taking any legal action to protect other residential
18tenants by evicting or otherwise barring from the premises any
19person who poses a credible threat of violence to other
20residential tenants at the premises.
21    (d) This Act shall not be interpreted as restricting or
22eliminating a residential tenant's ability to file and a
23court's ability to hold a hearing and issue a ruling on a
24motion to seal under Section 60.
25    (e) Any residential or small business commercial tenant
26dispossessed of a dwelling unit or small business commercial



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1premises in violation of subsection (b) may bring an action in
2a court of competent jurisdiction to regain possession of the
3dwelling unit or small business commercial premises. Such a
4claim shall constitute an emergency and shall be scheduled by
5the court for a hearing as soon as practicable.
6    (f) Nothing in this Section prohibits:
7        (1) a residential or small business commercial tenant
8    from terminating a rental agreement in a manner otherwise
9    prescribed by contract or law; or
10        (2) the termination of a residential or small business
11    commercial tenancy by mutual agreement.
12    Section 40. Post-moratorium residential eviction actions
13and process.
14    (a) After the expiration of the moratorium, a residential
15landlord may only seek possession of a dwelling unit for just
16cause and pursuant to advance written notice stating the cause
17and terminating the rental agreement, as provided in Section
1845. A residential landlord shall have just cause to seek
19possession if:
20        (1) Rent that accrued after the expiration of the
21    moratorium is delinquent and the residential tenant fails
22    to pay the delinquent rent within 30 days of service of a
23    written notice under subsection (b) of Section 45. If the
24    rent, together with the filing fees and fees for service of
25    process, is paid before enforcement of the eviction order,



10100HB5574ham001- 23 -LRB101 19364 LNS 71973 a

1    then the residential landlord, within 7 days of payment,
2    shall file a motion with the court to vacate the eviction
3    order and to dismiss the court case.
4        (2) The residential landlord and residential tenant
5    have entered into an equitable and reasonable payment plan
6    and the residential tenant has failed to comply with the
7    terms of the payment plan within 14 days of written notice
8    under subsection (c) of Section 45. If the rent, together
9    with the filing fees and fees for service of process, is
10    paid before enforcement of the eviction order, then the
11    residential landlord, within 7 days of payment, shall file
12    a motion with the court to vacate the eviction order and to
13    dismiss the court case.
14        (3) The residential tenant commits a material
15    violation of the rental agreement and fails to cure the
16    violation within 30 days of service of a written notice
17    under subsection (d) of Section 45, or the residential
18    tenant has notified the residential landlord that the
19    violation is related to a COVID-19 related hardship but
20    fails to cure the violation within 60 days of the service
21    of the notice.
22    (b) No residential landlord shall issue an eviction notice
23based on nonpayment of rent for the tenant's use and occupancy
24of the dwelling unit that accrued during the moratorium, nor
25may a residential landlord commence or maintain any eviction
26action based on the nonpayment. Nothing in this Section



10100HB5574ham001- 24 -LRB101 19364 LNS 71973 a

1prohibits a residential landlord from bringing a claim for
2rental debt for the tenant's use and occupancy of the dwelling
3unit that accrues after the expiration of the moratorium, in
4the manner described in Illinois Supreme Court Rules 281
5through 289.
6    (c) A residential landlord may not commence an eviction
7action until the requirements of this Section have been
8satisfied. Any action commenced without first satisfying the
9requirements shall be dismissed, and the court file pertaining
10to the action shall be ordered sealed by the court.
11    (d) A residential landlord shall notify a residential
12tenant of the tenant's rights and obligations under this Act
13not less than 60 days before termination of the residential
14tenant's rental agreement, and not on a date before the
15expiration of the moratorium. Such notice:
16        (1) Shall be in writing, headed in boldface 14-point
17    type, in the language the residential landlord commonly
18    uses to communicate with the residential tenant, titled
19    "Important Notice for Tenants", shall include the date the
20    notice was served, and shall state the following in
21    14-point type:
22         "This is not a notice to vacate the rental unit. Your
23    landlord cannot terminate your rental agreement or ask you
24    to leave until at least 60 days after [insert date of
25    service].
26         Your landlord cannot evict you or ask you to leave



10100HB5574ham001- 25 -LRB101 19364 LNS 71973 a

1    your rental unit without just cause. Just cause means
2    failing to make rental payments or violating your lease.
3    Before your landlord can evict you, you must be given a new
4    notice that explains why you are being asked to leave and
5    that gives you a chance to stay in your housing.
6         Your landlord cannot evict you, tell you to leave, or
7    refuse to renew your tenancy based on any nonpayment of
8    rent during the [insert effective dates of the moratorium].
9         You have rights as a tenant if you are facing
10    financial difficulty from a COVID-19 related hardship or
11    were otherwise impacted by the government stay-at-home
12    order, including income lost due to workplace closures and
13    increased household expenses, such as child care and health
14    care expenses, as well as other reasonable expenditures.
15         Your landlord has the obligation to seek rent
16    forgiveness from the Residential Housing Relief Fund for
17    any rent due during the period of [insert effective dates
18    of the moratorium] that you were unable to pay due to
19    COVID-19. Your landlord must provide you with a copy of
20    this paperwork when submitting an application related to
21    your tenancy to the Residential Housing Relief Fund.
22         You have a right to ask for a fair and reasonable
23    payment plan. If you continue to face financial
24    difficulties due to COVID-19 or if you owe rent from before
25    [insert date the moratorium started], you may have the
26    right to repay any rent you owed through a repayment plan



10100HB5574ham001- 26 -LRB101 19364 LNS 71973 a

1    in order to preserve your tenancy.
2         You should seek free legal help. You may wish to
3    contact a lawyer at your local legal aid or housing
4    counseling agency to discuss any rights you may have under
5    the COVID-19 Emergency and Economic Recovery Renter and
6    Homeowner Protection Act."
7        (2) Shall be served, in accordance with subsection (e)
8    of Section 45, at least 60 days before the date of the
9    service of any eviction notice to a residential tenant or
10    occupant.
11    (e) A residential landlord shall provide the tenant with a
12written or electronic statement showing all debits and credits
13over the COVID-19 emergency and economic recovery period or the
14past 12 months, whichever is longer, that clearly identifies
15the amount of rent cancelled under Section 15 and the amount of
16the tenant's rent deficiency that the tenant must pay in order
17to preserve the tenancy:
18        (1) within 10 days of receiving a request for such a
19    written statement from a residential tenant; or
20        (2) when the residential landlord serves the tenant
21    with an eviction notice as required under subsections (b)
22    and (c) of Section 45.
23    (f) Upon the receipt of an oral or written request for a
24repayment plan or to terminate the rental agreement from a
25residential tenant experiencing a COVID-19 related hardship or
26notification from the tenant that he or she is experiencing a



10100HB5574ham001- 27 -LRB101 19364 LNS 71973 a

1COVID-19 related hardship, a residential landlord shall
2deliver a written offer to the tenant of the election to
4        (1) terminate the rental agreement and deliver
5    possession of the rental unit within 60 days of delivery of
6    the residential landlord's written offer; or
7        (2) enter into and participate in an equitable and
8    reasonable payment plan, as defined in subsection (g).
9    (g) An agreement is presumptively an equitable and
10reasonable payment rent plan if:
11        (1) the residential tenant demonstrates that a
12    COVID-19 related hardship existed during all or some of the
13    time during which the rent went unpaid;
14        (2) only the agreed rental amount due to the
15    residential tenant's use and occupancy for the covered
16    months shall be due; costs, including late fees, shall not
17    be permitted, nor shall rental increases that occurred
18    during the COVID-19 Emergency Economic Recovery Period be
19    assessed;
20        (3) the residential tenant is entitled to no less than
21    12 months to pay the back rent;
22        (4) the rent is due at the most convenient time for the
23    residential tenant, with regard to the residential
24    tenant's expenditure and income schedule;
25        (5) the residential tenant does not waive any right or
26    claim guaranteed by federal, State, or local law;



10100HB5574ham001- 28 -LRB101 19364 LNS 71973 a

1        (6) the residential tenant is permitted at least 14
2    days to cure any default after notice of overdue rent is
3    given; and
4        (7) the total rental debt accrued each month that the
5    residential tenant experienced a COVID-19 related hardship
6    is reduced by up to 50%, such that the residential tenant's
7    total monthly rental obligation under the payment plan, and
8    including the rent due prospectively, is no greater than
9    one-third of the residential tenant's household income.
10    (h) If the residential tenant fails to make an election
11pursuant to subsection (f) within 30 days of service of the
12written offer or makes an election to terminate his or her
13rental agreement but fails to deliver possession of the
14dwelling unit within 60 days of the residential landlord's
15written offer, the residential landlord may proceed to
16terminate the residential tenant's rental agreement, but only
17if the residential landlord has complied with this Section, and
18there is just cause to terminate the rental agreement.
19    (i) If the residential landlord has complied with this
20Section, a residential landlord may only terminate a rental
21agreement for just cause by serving a new eviction notice under
22Section 45.
23    Section 45. Notice and service of notice requirements for
24residential tenants.
25    (a) An eviction notice, including a notice to terminate a



10100HB5574ham001- 29 -LRB101 19364 LNS 71973 a

1rental agreement, shall:
2        (1) be served, as described in subsection (e), to the
3    residential tenant;
4        (2) state the date on which the notice was served;
5        (3) describe the dwelling unit with reasonable
6    specificity;
7        (4) include the name of the residential landlord or the
8    authorized agent, along with his or her phone number,
9    address, and email address;
10        (5) be signed by an authorized agent;
11        (6) state that the residential tenant may have rights
12    and defenses if impacted by the COVID-19 related hardship;
13    and
14        (7) state that the residential tenant should seek help
15    from a lawyer, especially from a local legal aid
16    organization that provides free legal services.
17    (b) If a residential landlord terminates a rental agreement
18under paragraph (1) of subsection (a) of Section 40, the notice
20        (1) specify the amount of rent due and each pay period
21    for which rent is demanded;
22        (2) append a current accounting statement as required
23    by subsection (e) of Section 40;
24        (3) state that the rental agreement will terminate on a
25    designated date not less than 30 days after service of the
26    notice;



10100HB5574ham001- 30 -LRB101 19364 LNS 71973 a

1        (4) state that the rental agreement will not be
2    terminated if the residential tenant pays the amount
3    demanded in the notice by a designated date no less than 30
4    days after service of the notice;
5        (5) notify the residential tenant that he or she may
6    request an equitable and reasonable payment plan from the
7    residential landlord if impacted by a COVID-19 related
8    hardship; and
9        (6) state that the residential tenant may reinstate the
10    rental agreement and cause the eviction action to be
11    dismissed if, before enforcement of the eviction order, the
12    residential tenant pays all rents due and any court filing
13    fees the residential landlord has incurred as of the date
14    the payment is made.
15    (c) If a residential landlord terminates a rental agreement
16under paragraph (2) of subsection (a) of Section 40, the notice
18        (1) specify the amount of rent due and each pay period
19    for which rent is demanded;
20        (2) append a current accounting statement as required
21    by subsection (e) of Section 40;
22        (3) append the equitable and reasonable payment plan,
23    as defined by subsection (g) of Section 40;
24        (4) state that the rental agreement will terminate on a
25    designated date not less than 14 days after service of the
26    notice;



10100HB5574ham001- 31 -LRB101 19364 LNS 71973 a

1        (5) state that the rental agreement will not be
2    terminated if the residential tenant pays the amount
3    demanded in the notice by a designated date no less than 14
4    days after service of the notice; and
5        (6) state that the residential tenant may reinstate the
6    rental agreement and cause the eviction action to be
7    dismissed if, before enforcement of the eviction order, the
8    residential tenant pays all rents due and any court filing
9    fees the landlord has incurred as of the date the payment
10    is made.
11    (d) If a residential landlord terminates a rental agreement
12under paragraph (3) of subsection (a) of Section 40, the notice
14        (1) specify the acts and omissions constituting a
15    material violation of the terms of the rental agreement;
16        (2) state that the lease or tenancy will terminate on a
17    designated date not less than 30 days after service of the
18    notice;
19        (3) state that the material violation may be cured by a
20    designated date not less than 30 days after service of the
21    notice;
22        (4) state that if the violation of the rental agreement
23    is, directly or indirectly, a result of a COVID-19 related
24    hardship and the residential landlord is provided
25    notification of such, the violation may be cured by a
26    designated date not less than 60 days after service of the



10100HB5574ham001- 32 -LRB101 19364 LNS 71973 a

1    notice.
2    (e) The notices required under this Act shall be served by:
3        (1) delivering a copy of the notice to the residential
4    tenant;
5        (2) leaving a copy of the notice with some person of
6    the age of 13 years or older who resides in the residential
7    tenant's dwelling unit; or
8        (3) sending a copy of the notice by certified mail or
9    first-class mail, return receipt requested, to each
10    residential tenant or occupant and addressed to each known
11    residential tenant.
12    Section 50. Equitable and reasonable payment plan for
13residential evictions.
14    (a) In any eviction action in which the residential
15landlord is seeking possession on the basis of nonpayment under
16paragraph (1) of subsection (a) of Section 40 or noncompliance
17with an equitable and reasonable payment plan under paragraph
18(2) of subsection (a) of Section 40, the court shall determine
19whether the parties, before the filing of the action entered
20into an equitable and reasonable payment plan, as defined by
21subsection (g) of Section 40.
22    (1) If an equitable and reasonable payment plan was entered
23into but the plan does not comply with the requirements of
24subsection (g) of Section 40, the court shall either modify the
25plan to comply with the requirements or dismiss the eviction



10100HB5574ham001- 33 -LRB101 19364 LNS 71973 a

1action with prejudice.
2    (2) If an equitable and reasonable payment plan was entered
3into and the plan complies with the requirements of subsection
4(g) of Section 40, then the court shall continue the case for 2
6    (3) If an equitable and reasonable payment plan was not
7entered into, the court shall refer the parties to mediation or
8otherwise assist the parties in creating a plan. However, the
9court shall first review the history of negotiations and
10communications between the parties regarding the terms of a
11payment plan. If the court finds that the landlord acted in bad
12faith in attempting to reach an agreed equitable and reasonable
13payment plan, or acted recklessly with regard to informing the
14tenant of the tenant's rights to a payment plan in conformance
15with subsection (g) of Section 40, then the action shall be
16dismissed with prejudice.
17    (b) The landlord shall have the burden of proving the
18tenant's noncompliance with an equitable and reasonable
19payment plan by clear and convincing evidence, and the tenant
20shall have an opportunity to present a defense.
21    Section 55. Pleadings for residential evictions.
22    (a) An eviction complaint seeking possession of a dwelling
23unit shall state at least the following:
24        (1) that the plaintiff or plaintiffs are entitled to
25    the possession of the premises (describing the premises



10100HB5574ham001- 34 -LRB101 19364 LNS 71973 a

1    with reasonable certainty);
2        (2) that the defendant (naming the defendant) is
3    unlawfully withholding the possession thereof from the
4    plaintiff or plaintiffs;
5        (3) the capacity in which the plaintiff brings the
6    eviction action (indicate whether the plaintiff is the
7    legal holder of the title, an agent, the trustee under a
8    trust deed or otherwise, as appropriate);
9        (4) facts supporting any claim that the defendant is
10    unlawfully withholding possession, including the basis for
11    the landlord's demand for possession;
12        (5) proof of service of the notice required under
13    subsection (d) of Section 40 (here indicate how the notice
14    was served, who served the notice, and the date and time of
15    service, if not already apparent from the notice attached
16    in accordance with paragraph (2) of subsection (d));
17         (6) information about any offer to the tenant in
18    accordance with Section 40 to enter into an equitable and
19    reasonable payment plan, if offered; and
20        (7) proof of service of any eviction notice (here
21    indicate how the notice was served, who served the notice,
22    and the date and time of service, if not if not already
23    apparent from the notice attached in accordance with
24    paragraph (3) of subsection (d)).
25    (b) If the eviction complaint is based on the nonpayment of
26rent pursuant to a notice under subsection (b) or (c) of



10100HB5574ham001- 35 -LRB101 19364 LNS 71973 a

1Section 45, the complaint shall also state:
2        (1) the frequency with which the rent is to be paid;
3        (2) the due date for each payment;
4        (3) the amount of rent due on each date;
5        (4) that nonpayment of late fees or charges is not in
6    whole or in part the basis of the plaintiff's eviction
7    action, and no late fees or charges were included in the
8    rent demand on the eviction notice served pursuant to
9    paragraphs (1) and (2) of subsection (a) of Section 40;
10        (5) the total amount of rents, late fees, and other
11    fees, charges, or damages permitted by law that are due on
12    the date of filing; and
13        (6) if the residential tenant requested a payment plan
14    or rental agreement termination under Section 40, the date
15    of that request, the date of the offer by the residential
16    landlord, and whether the residential tenant responded.
17    (c) If the residential landlord's claim for possession is
18based on other reasons permitted by law other than the
19nonpayment of rent, the complaint shall also state the reason
20for the termination of the tenancy with specific facts,
21including the date, place, and circumstances of the reason for
22termination with enough specificity to provide the residential
23tenant with an opportunity to prepare a defense.
24    (d) In addition to the requirements set forth in
25subsections (a) through (c), the complaint in an eviction
26action shall attach:



10100HB5574ham001- 36 -LRB101 19364 LNS 71973 a

1        (1) An affidavit, verified by the plaintiff or the
2    plaintiff's attorney, that states whether the dwelling
3    unit that plaintiff seeks possession of is a "covered
4    dwelling" within the meaning of Section 4024(a)(1) of the
5    Coronavirus Aid, Relief, and Economic Security Act (Pub. L.
6    116-136) and whether the premises of which the dwelling
7    unit is a part of is a "covered property" within the
8    meaning of Section 4024(a)(2) of the Coronavirus Aid,
9    Relief, and Economic Security Act.
10        (2) A true and accurate copy of any notices served
11    pursuant to subsection (d) of Section 40, if any.
12        (3) A true and accurate copy of any eviction notice
13    served, if any.
14        (4) A true and accurate copy of the written rental
15    agreement, or if none, an affidavit, verified by the
16    plaintiff, of the nature of the tenancy and its general
17    terms.
18        (5) If the residential landlord received a forbearance
19    for the dwelling unit or the property or premises in which
20    the dwelling unit is part of pursuant to Section 25, a true
21    and accurate copy of any notice confirming the forbearance
22    from the servicer or lender, or if no notice is received,
23    an affidavit certifying confirmation of the forbearance
24    and the terms therefor.
25    (e) Except as provided in subsection (f) and (g), the rules
26of pleading and practice in other civil cases shall apply to



10100HB5574ham001- 37 -LRB101 19364 LNS 71973 a

1eviction actions, including the requirement to make
2substantial allegations of fact necessary to state a cause of
4    (f) The defendant may under a general denial of the
5allegations of the complaint offer in evidence any matter in
6defense of the action.
7    (g) A claim for rent may not be joined to the complaint,
8nor may a separate action for rent be consolidated and no
9judgment for rent may be entered in an eviction action.
10    Section 60. Residential eviction case sealing.
11    (a) The court file shall be sealed upon the commencement of
12any residential eviction action during the COVID-19 emergency
13and economic recovery period. If a residential eviction action
14commenced during the COVID-19 emergency and economic recovery
15period is pending on the effective date of this Act and is not
16sealed, the court shall, upon the motion of either party or its
17own motion, order the sealing of the court file.
18    (b) The court may, upon the motion of the either party or
19its own motion, order the sealing of any court file in a
20residential eviction action commenced before the COVID-19
21emergency and economic recovery period, if the court finds:
22        (1) the residential tenant has established an
23    affirmative defense to the eviction action, including, but
24    not limited to, a defense under Section 65 or 90;
25        (2) the defendant has experienced a COVID-19 related



10100HB5574ham001- 38 -LRB101 19364 LNS 71973 a

1    hardship; or
2        (3) the interests of justice in sealing the court file
3    outweigh the public interest in maintaining a public
4    record.
5    (c) Upon motion and order of the court, a sealed court file
6may be made available for scholarly, educational,
7journalistic, or governmental purposes only, balancing the
8interests of the parties and the public in nondisclosure with
9the interests of the requesting party. Identifying information
10of the parties shall remain sealed, unless the court determines
11that release of the information is necessary to fulfill the
12purpose of the request. Nothing in this subsection shall permit
13the release of a sealed court file or the information contained
14therein for a commercial purpose.
15    Section 65. Affirmative defenses to residential evictions.
16It is an affirmative defense to an eviction if the court finds
18        (1) the residential landlord's demand for possession
19    is based in whole or in part upon violations of the
20    Illinois Human Rights Act;
21        (2) the residential landlord's demand for possession
22    is based upon rent or utilities being owed during the term
23    of the COVID-19 emergency and economic recovery period and
24    the residential tenant has experienced a COVID-19 related
25    hardship;



10100HB5574ham001- 39 -LRB101 19364 LNS 71973 a

1        (3) the residential landlord's demand for possession
2    is based on rent nonpayment under paragraph(1) or (2) of
3    subsection (a) of Section 40, and the residential tenant
4    attempted to pay the full rent due at any point before the
5    entry of an eviction order;
6        (4) the residential landlord's demand for possession
7    is based in whole or in part on a refusal to accept rent or
8    rental assistance on behalf of the residential tenant from
9    any third-party source;
10        (5) the residential landlord received a mortgage
11    forbearance in accordance with Section 25, and the
12    residential landlord did not reduce the residential
13    tenant's rent in accordance therewith;
14        (6) the residential landlord's demand for possession
15    is based in whole or in part on the presence of an
16    unauthorized guest or occupant in violation of the lease
17    during the term of the COVID-19 emergency and economic
18    recovery period and the unauthorized guest or occupant is
19    present as a result of COVID-19 related hardship or a
20    shelter in place or other public health emergency order; or
21        (7) the residential landlord has engaged in an act or
22    actions in violation of Section 70, 75, 80, or 85.
23    Section 70. Prohibited fees, charges, and rent increases.
24    (a) During the moratorium, a residential landlord shall not
25increase rent or provide notice of a rent increase under



10100HB5574ham001- 40 -LRB101 19364 LNS 71973 a

1Section 75.
2    (b) A residential landlord shall not charge, impose, or
3collect any late fees, penalties, or other charges to a
4residential tenant for any purpose, including as a result of
5any late or unpaid rent, utility charges, or any other costs
6associated with the use and occupancy of the dwelling unit that
7accrued before the expiration of the moratorium, including the
8residential landlord's attorneys' fees.
9    Section 75. Limitation on rent increase and recovery.
10    (a) From the date on which the moratorium expires through
11the expiration of this Act, a residential landlord shall not,
12during the course of any consecutive 12-month period, increase
13a residential tenant's rent unless the landlord provides the
14tenant with:
15        (1) 30 days' written notice before the effective date
16    of the change for any increase by less than 5%;
17        (2) 60 days' written notice before the effective date
18    of the change for any increase by 5% or more, but less than
19    10%;
20        (3) 90 days' written notice before the effective date
21    of the change for any increase by 10% or more, but less
22    than 15%; or
23        (4) 120 days' written notice before the effective date
24    of the change for any increase by 15% or more.
25    (b) During the COVID-19 emergency and economic recovery



10100HB5574ham001- 41 -LRB101 19364 LNS 71973 a

1period, a residential landlord shall not seek or be awarded
2relief or damages pursuant to Section 9-202 or 9-203 of the
3Code of Civil Procedure.
4    Section 80. Retaliation prohibited. During the COVID-19
5emergency and economic recovery period, a residential landlord
6shall not terminate or refuse to renew a rental agreement,
7increase rent, decrease services, or bring or threaten to bring
8an eviction action because:
9        (1) The residential tenant has in good faith complained
10    to the residential landlord, a governmental agency,
11    community organization, or the media about:
12             (A) housing, building, or health code violations
13        at the premises;
14             (B) violations of this Act by the residential
15        landlord; or
16             (C) a failure by the residential landlord to
17        comply with any gubernatorial disaster proclamation
18        that impacts the health, safety, or right to quiet
19        enjoyment of the residential tenant.
20        (2) The residential tenant has organized or become a
21    member of a tenants' union or similar organization.
22        (3) The residential tenant has performed or expressed
23    the intent to perform any other act for the purpose of
24    asserting, protecting, or invoking the protection of any
25    right secured to tenants under any federal, State, or local



10100HB5574ham001- 42 -LRB101 19364 LNS 71973 a

1    law.
2    Section 85. Lockout prohibited.
3    (a) A residential landlord may not directly or indirectly
4cause or threaten:
5        (1) The termination or interruption of any utility
6    service furnished to a dwelling unit, including water,
7    heat, light, electricity, gas, elevator, Internet, or
8    garbage collection services, regardless of whether the
9    utility service is under the control of, or payment is made
10    by, the residential landlord.
11        (2) The residential tenant to be without reasonable
12    access to the dwelling unit, including, without
13    limitation, by changing the locks, obstructing a door, or
14    using a boot lock or similar device.
15        (3) The removal of any outside door, lock, roof, wall,
16    or window of the dwelling unit.
17        (4) The removal of any of the residential tenant's
18    personal property from the dwelling unit.
19    (b) A residential landlord shall have an affirmative
20defense to a claim brought under this Section if the
21residential landlord shows, by a preponderance of the evidence,
23        (1) the landlord acted in compliance with local, State,
24    and federal laws pertaining to eviction; and
25        (2) the sheriff of the county where the property is



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1    located was used to enforce an eviction order entered in a
2    judicial eviction action.
3    Section 90. Compliance deadlines for residential
5    (a) For eviction actions wherein parties have compliance
6deadlines during the COVID-19 emergency and economic recovery
7period, it is an affirmative defense to a claim of
8noncompliance if the court finds that one or more of the
9following affected the residential tenant's ability to comply:
10        (1) The residential tenant experienced a COVID-19
11    related hardship; is over the age of 55; or is part of a
12    group deemed to be at higher risk for severe illness from
13    COVID-19.
14        (2) An executive order, shelter in place, or public
15    health emergency order restricting the movement of
16    persons, issued to slow the transmission of COVID-19,
17    prevented the residential tenant from meeting a compliance
18    deadline.
19    (b) When asserting one or more of the affirmative defenses
20defined in subsection (a), any one of the following types of
21evidence may be provided, at the residential tenant's election:
22medical, employment, or other records showing the residential
23tenant's COVID-19 related hardship; records showing that the
24residential tenant is at a higher risk of severe illness from
25COVID-19; or any other records or statements, oral or written,



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1supporting the affirmative defense.
2    (c) The residential tenant has the burden of proving an
3affirmative defense under this Section by preponderance of the
4evidence. Upon finding that the residential tenant has met this
6        (1) the court may reasonably extend any compliance
7    deadline; or
8        (2) the court may stay the enforcement of an eviction
9    order entered as a result of noncompliance for a period of
10    60 days, or any later date deemed reasonable by the court.
11    (d) If the residential tenant cures an alleged default, the
12residential tenant, within the period of stay, may file a
13motion to vacate the judgment in the court in which the
14judgment was entered, and if the court, upon the hearing of a
15motion, finds that the default has been cured, the court shall
16vacate the judgment and the court file shall be sealed under
17Section 60.
18    Section 95. Continuance to seek legal representation.
19    (a) In any eviction action, it is sufficient cause for a
20continuance under Section 2-1007 of the Code of Civil Procedure
21that a party requests a continuance to seek legal
22representation, or if the party does not state a basis for his
23or her request for a continuance, the court shall make an
24inquiry into the reasoning therefor. The court, in its
25discretion under Section 2-1007 of the Code of Civil Procedure,



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1may grant a continuance for 2 weeks or for a longer period as
2the court determines is just.
3    (b) If a tenant's request for a continuance is denied, the
4tenant may renew the motion before another judge, substituted
5under Section 2-1001 of the Code of Civil Procedure or
6otherwise assigned, without leave of court and at any time
7before trial. A judicial ruling on a request for a continuance
8does not constitute a decision of a substantial issue in the
9case under Section 2-1001 of the Code of Civil Procedure.
10    Section 100. Fair housing protections.
11    (a) As used in this Section:
12    "COVID-19 disability" means any person who is diagnosed
13with COVID-19, the illness caused by the SARS-CoV-2 virus,
14expresses symptoms similar to those caused by COVID-19, is
15regarded as having COVID-19, or who has been exposed to another
16person diagnosed with COVID-19.
17    "Criminal record" means the record of an arrest, charge,
18citation, or conviction; record of participation in a diversion
19or deferral of judgment program; record of participation in
20supervised release; juvenile record; or criminal history
21record information ordered sealed, expunged, or impounded
22under Section 5.2 of the Criminal Identification Act. For
23purposes of this definition:
24         (1) "Conviction" means a judgment of liability entered
25    upon a plea, verdict, or finding of guilt for an offense,



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1    rendered by a legally constituted jury, court or
2    administrative authority of competent jurisdiction.
3         (2) "Offense" means a violation of any penal statute,
4    ordinance, law, or code of any jurisdiction.
5         (3) The "unlawful activity" exemption for arrest
6    records in Section 3.102-5 of the Human Rights Act shall
7    apply to criminal records.
8    "Occupation" means any lawful vocation, trade, profession,
9or field of specialization.
10    "Source of income" means any lawful, verifiable, source of
11income or housing assistance paid by the occupant or on the
12occupant's behalf, including, but not limited to, federal,
13state or local assistance, including medical assistance,
14tenant-based federal, state or local subsidies, rental
15assistance, rent supplements, and housing choice vouchers.
16    (b) It is a civil rights violation under the Illinois Human
17Rights Act for an owner or any other person engaged in a real
18estate transaction to engage in any activities prohibited by
19Article 3 of the Illinois Human Rights Act on the basis of a
20COVID-19 disability, criminal record, occupation, or source of
22    (c) Notwithstanding subsection (k) of Section 3-102.1 of
23the Illinois Human Rights Act, a dwelling may not be denied to
24an individual, and a housing-related privilege or service may
25not be diminished, if the tenancy or the provision of the
26privilege or service would cause a direct threat to the health



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1or safety of others, unless the landlord has undertaken a
2reasonable effort to make a reasonable accommodation in rules,
3policies, practices, or services to ameliorate the direct
5    (d) Nothing in this Section shall be construed to deny or
6otherwise limit any other protection or remedy available under
7the Illinois Human Rights Act.
8    Section 105. Waiver prohibited. Any waiver of a right under
9this Act by a tenant is void as a matter of public policy.
10    Section 110. Individual relief.
11    (a) Except under Section 90, an injured party may file an
12action in a court of competent jurisdiction against a person
13who violates this Act for any violations of this Act that
14occurred during the COVID-19 emergency and economic recovery
15period. If the alleged injury occurred under a Section of this
16Act that expires at the end of the moratorium period, this
17Section does not prohibit the party from filing the action
18after the moratorium period expires, subject to any applicable
19statute of limitations.
20    (b) An injured party may recover $1,000, or the actual and
21consequential damages resulting from the injury, whichever is
22greater, for each violation of this Act, as well as costs and
23reasonable attorney's fees.
24    (c) If the violation is under Section 70, 80, or 85, the



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1injured party may recover $2,000, or twice the actual and
2consequential damages resulting from the injury, whichever is
3greater, for each violation, as well as costs and reasonable
4attorney's fees. If the injured party is over the age of 55,
5has a disability as defined under the Illinois Human Rights
6Act, or is suffering or caring for a household member suffering
7from a life-threatening illness, as verified by a third-party
8physician, then the damages shall be $3,000, or 3 times the
9actual and consequential damages.
10    (d) The injured party may recover these damages by an
11action at law or by a counterclaim in an eviction or any other
12action brought against the injured party.
13    (e) In addition to damages, an injured party may seek
14permanent or preliminary injunctive relief, or any other
15appropriate legal remedy, to remedy a violation of this Act.
16    Section 115. Enforcement by Attorney General or State's
18    (a) Whenever the Attorney General or a State's Attorney has
19reason to believe that any person is in violation of this Act,
20and that proceedings would be in the public interest, he or she
21may bring an action in the name of the People of the State
22against the person by seeking a permanent or preliminary
23injunction to restrain the violation.
24    (b) The Court, in its discretion, may exercise all powers
25necessary, including, but not limited to: injunction;



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1revocation, forfeiture or suspension of any license, charter,
2franchise, certificate or other evidence of authority of any
3person to do business in this State; appointment of a receiver;
4dissolution of domestic corporations or associations;
5suspension or terminations of the right of foreign corporations
6to do business in this State; and restitution.
7    (c) In addition to any relief provided under subsections
8(a) and (b), the Attorney General or State's Attorney may
9request, and the Court may impose, a civil penalty in a sum not
10to exceed $50,000 against any person found by the court to have
11engaged in any violation of this Act.
12    Section 120. Sovereign immunity. Sovereign immunity is
13waived with respect to any violation of this Act committed by a
14public official or agency, including any public housing
16    Section 125. Conflict with federal law. Nothing with
17respect to this Act conflicts with or is intended to conflict
18with federal law.
19    Section 130. Repeal. This Act is repealed at the end of the
20COVID-19 emergency and recovery period defined in Section 10.
21    Section 999. Effective date. This Act takes effect upon
22becoming law.".