Illinois General Assembly - Full Text of SB3066
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Full Text of SB3066  101st General Assembly


Rep. Delia C. Ramirez

Filed: 1/12/2021





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2    AMENDMENT NO. ______. Amend Senate Bill 3066 by replacing
3everything after the enacting clause with the following:
"Article 5.

5    Section 5-1. Short title. This Act may be cited as the
6COVID-19 Federal Emergency Rental Assistance Program Act.
7    Section 5-5. Purposes and findings. The purpose of this Act
8is for the State to implement federal Coronavirus Relief Fund
9(CRF) assistance to renters administered by the U.S. Department
10of the Treasury, appropriated from the Consolidated
11Appropriations Act, 2021.
12    International, national, State, and local governments and
13health authorities are responding to an outbreak of a disease
14caused by the novel Coronavirus referred to as COVID-19.
15African American and Latino households in the State are at



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1disproportionate risk of exposure to and the contraction of
2COVID-19 and to economic effects of this pandemic.
3    On March 9, 2020, the Governor issued a disaster
4declaration proclamation in this State because of the threat of
6    On March 26, 2020, the President of the United States
7declared that a major disaster exists in the State and ordered
8Federal assistance to supplement State, tribal, and local
9recovery efforts in the areas affected by the COVID-19 pandemic
10beginning on January 20, 2020 and continuing.
11    Unpaid rent, late fees, and court costs are currently
12accruing against residential tenants and will be demanded by
13landlords after the expiration of the emergency period.
14    To reduce the rental arrears throughout this State, all
15eligible residential landlords and tenants alike shall avail
16themselves of the Emergency Rental Assistance Program.
17    The State deems it necessary to protect public health,
18life, and property during this declared state of emergency by
19protecting residential tenants, homeowners, and housing
20providers from certain evictions and other hardships during
21this public health and economic crisis.
22    Section 5-10. Definitions. As used in this Act:
23    "Administering State agency" means any agency or
24department of the State that is eligible to receive a direct
25federal allocation of federal Emergency Rental Assistance



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1funds that will disburse and administer the Federal Emergency
2Rental Assistance Program.
3    "Applicant" or "program applicant" means any person or
4entity who is a residential tenant or lessee or landlord or
5lessor that has submitted an application, individually or
6jointly, to receive federal Emergency Rental Assistance funds.
7    "Eligible household" has the same meaning as used by the
8federal law enacting the federal Emergency Rental Assistance
10    "Program" means the federal Emergency Rental Assistance
12    "Recipient" or "program recipient" means any person or
13entity that is a residential tenant or lessee, landlord or
14lessor, or utility provider that had a successful application,
15in that the administering State agency disbursed funds either:
16(i) on behalf of a residential tenant directly to the landlord
17or utility provider; or (ii) directly to the residential
19    Section 5-15. Federal Emergency Rental Assistance program.
20    (a) Any department or agency of the State eligible to
21receive a direct federal allocation and charged with disbursing
22allocated funds and administering the federal program shall do
23so in accordance with federal and State law.
24    (b) Consistent with federal law, any State agency
25administering this program shall create a process to provide



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1rental assistance directly to eligible renters and to obviate
2or minimize the necessity of lessor or utility provider
3participation in submitting the application when the lessor or
4utility provider: (i) refuses to accept a direct payment; or
5(ii) fails to complete an application for assistance. The
6administering State agency shall make payments to a lessor or
7utility provider on behalf of an eligible household with a
8statement indicating which eligible household the payment is
9being made for, except that, if the lessor or utility provider
10does not agree to accept such a payment from the administering
11State agency after the administering State agency has made
12contact with the lessor or utility provider, then the
13administering State agency may make such payments directly to
14the eligible household for the purpose of the eligible
15household making payments to the lessor or utility provider.
16Notwithstanding the foregoing, nothing in this Act shall be
17construed to require a lessor or utility provider to accept
18funds from the program, whether paid directly by the
19administering State agency or by the eligible household.
20    (c) Consistent with federal law, any State agency
21administering this program shall provide program recipients
22with relief payments in an amount based on stated need rather
23than on a flat or fixed amount. An eligible household's stated
24need may include, but is not limited to, the amount of arrears
25owed to a lessor, utility provider, or both, or future rental
26payments based on monthly rent.



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1    (d) Consistent with federal law, nothing in this Act shall
2be construed as precluding any administering State agency from
3capping or setting a limit on the amount of emergency rental
4payments made on behalf of any single household. The
5administering State agency may adopt additional eligibility
6criteria, application procedures, and program rules necessary
7to administer the program in conformity with the priorities and
8public policies expressed within this Act and federal law, as
9it may be amended.
10    (e) Consistent with federal law prohibiting duplicative
11payments from other federal programs, an administering State
12agency shall not disqualify an eligible household from the
13program based on previous application for or receipt of other
14similar federal assistance for periods that are different than
15that for which the program assistance is being provided under
16this Act.
17    (f) Unless necessary to comply with applicable federal or
18State law, the administering State agency shall not, for
19purposes of determining program eligibility, require a fully
20executed written lease or any type of documentation relating to
21any household member's immigration status. The administering
22State agency may accept a demand for rent letter, ledger or
23statement containing the outstanding balance, termination
24notice, or other alternative form of documentation containing
25or showing the amount of rental or utility arrears owed.



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1    Section 5-20. Accessibility and transparency.
2    (a) In addition to federal requirements, the administering
3State agency shall make publicly accessible by publishing on
4its website any important program information, including, but
5not limited to, the following:
6        (1) program application forms for households, lessors,
7    and utility providers, including any joint program
8    application forms;
9        (2) program eligibility requirements;
10        (3) the administering State agency's procedures and
11    processes for administering the program;
12        (4) the administering State agency's procedures and
13    communication methods for notifying program applicants of
14    defective applications due to incompletion, errors,
15    missing information, or any other impediment;
16        (5) the administering State agency's procedures and
17    methods for applicants to remedy defective applications
18    due to incompletion, errors, missing information, or any
19    other impediment; and
20        (6) any other important program information critical
21    to applicants, including renters and lessors relating to
22    the application requirements and process, eligibility
23    determination, and disbursement of payment.
24    (b) The administering State agency shall ensure that
25important program information, including the application and
26all marketing materials, is language accessible by publishing



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1to its website the same in both English and Spanish.
2    Section 5-25. Process for further prioritizing applicants
3for financial assistance and housing stability services. In
4addition to federal program eligibility and prioritization
5requirements, the administering State agency shall make best
6efforts to give further prioritization to an eligible
7household: (i) located within a disproportionately impacted
8area based on positive COVID-19 cases; (ii) that has a
9documented history of housing instability or homelessness; or
10(iii) that has a significant amount of rental arrears.
11    Section 5-30. Required notifications and correspondence.
12The administering State agency shall ensure it communicates
13clearly with an applicant about the application determination
14process, including acceptance, status of a pending
15application, and any reason for denying an application.
16        (1) The administering State agency shall provide
17    notice to an applicant upon finding that a submitted
18    application is defective or should otherwise be considered
19    ineligible, denied, or rejected.
20        (2) The notice from the administering State agency
21    shall explain the reason why an applicant's submitted
22    application is defective or should otherwise be considered
23    ineligible, denied, or rejected.
24        (3) The notice shall contain the necessary



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1    information, process, accepted method, and deadline for
2    the applicant to remedy any defective or deficient
3    application, provided that remedy is possible.
4        (4) All notice and correspondence required to be
5    provided by the administering State agency shall be given
6    promptly and without unnecessary delay to any applicant.
Article 10.

8    Section 10-5. The Code of Civil Procedure is amended by
9changing Section 9-121 and by adding Sections 9-121.5, 9-122,
1015-1513, and 15-1514 as follows:
11    (735 ILCS 5/9-121)
12    Sec. 9-121. Sealing of court file.
13    (a) Definition. As used in this Section, "court file" means
14the court file created when an eviction action is filed with
15the court.
16    (b) Discretionary sealing of court file. The court may
17order that a court file in an eviction action be placed under
18seal if the court finds that the plaintiff's action is
19sufficiently without a basis in fact or law, which may include
20a lack of jurisdiction, that placing the court file under seal
21is clearly in the interests of justice, and that those
22interests are not outweighed by the public's interest in
23knowing about the record.



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1    (c) Mandatory sealing of court file. The court file
2relating to an eviction action brought against a tenant under
3Section 9-207.5 of this Code or as set forth in subdivision
4(h)(6) of Section 15-1701 of this Code shall be placed under
6    (d) This Section is operative on and after August 1, 2022.
7(Source: P.A. 100-173, eff. 1-1-18.)
8    (735 ILCS 5/9-121.5 new)
9    Sec. 9-121.5. Sealing of court file.
10    (a) As used in this Section, "court file" means the court
11file created when an eviction action is filed with the court.
12    (b) The court shall order the sealing of any court file in
13a residential eviction action if:
14        (1) the interests of justice in sealing the court file
15    outweigh the public interest in maintaining a public
16    record;
17        (2) the parties to the eviction action agree to seal
18    the court file;
19        (3) there was no material violation of the terms of the
20    tenancy by the tenant; or
21        (4) the case was dismissed with or without prejudice.
22    (c) The court file relating to an eviction action brought
23against a tenant under Section 9-207.5 of this Code or as set
24forth in subdivision (h)(6) of Section 15-1701 of this Code
25shall be placed under seal.



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1    (d) A sealed court file shall be made available only to the
2litigants in the case, their counsel or prospective counsel,
3and public employees responsible for processing the
4residential eviction action.
5    (e) 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 and the interests of justice so dictate.
13Nothing in this subsection shall permit the release of a sealed
14court file or the information contained therein for a
15commercial purpose.
16    (f) Except as provided in subsections (c) and (d), any
17person who disseminates a court file sealed under this Section,
18or the information contained therein, for commercial purposes
19shall be liable for a civil penalty of $2,000, or twice the
20actual and consequential damages sustained, whichever is
21greater, as well as the costs of the action, including
22reasonable attorney's fees.
23    (g) The Attorney General may enforce a violation of this
24Section as an unlawful practice under the Consumer Fraud and
25Deceptive Business Practices Act. All remedies, penalties, and
26authority granted to the Attorney General by the Consumer Fraud



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1and Deceptive Business Practices Act shall be available to him
2or her for the enforcement of this Section.
3    (h) Nothing in this Section prohibits a landlord from
4receiving a reference from a previous landlord of a prospective
5tenant. Nothing in this Section prohibits a landlord from
6providing a reference for a previous or current tenant to a
7prospective landlord of that tenant.
8    (i) This Section is repealed on August 1, 2022.
9    (735 ILCS 5/9-122 new)
10    Sec. 9-122. COVID-19 emergency sealing of court file.
11    (a) As used in this Section, "COVID-19 emergency and
12economic recovery period" means the period beginning on March
139, 2020, when the Governor issued the first disaster
14proclamation for the State to address the circumstances related
15to COVID-19, and ending on March 31, 2022.
16    (b) The court file shall be sealed upon the commencement of
17any residential eviction action during the COVID-19 emergency
18and economic recovery period. If a residential eviction action
19filed during the COVID-19 emergency and economic recovery
20period is pending on the effective date of this Act and is not
21sealed, the court shall order the sealing of the court file. In
22accordance with Section 9-121.5, no sealed court file, sealed
23under this Section, shall be disseminated.
24    (c) If the court enters a judgment in favor of the
25landlord, the court may also enter an order to unseal the court



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1file under this Section. A court shall order the court file to
2be unsealed if:
3        (1) the action is not based in whole or in part on the
4    nonpayment of rent during the COVID-19 emergency and
5    economic recovery period; and
6        (2) The requirements of subsection (b) or (c) of
7    Section 9-121.5 have not been met.
8    (d) Subsections (d) through (h) of Section 9-121.5 shall
9also be applicable and incorporated into this Section.
10    (735 ILCS 5/15-1513 new)
11    Sec. 15-1513. Temporary COVID-19 stay of judicial sales,
12orders of possession.
13    (a) Notwithstanding Section 15-1507, no judicial
14foreclosure sale shall be held between the effective date of
15this Section and July 31, 2021. Any judicial foreclosure sale
16pending as of the effective date of this Section shall be
17cancelled and renoticed for a date after July 31, 2021.
18    (b) Notwithstanding subsection (g) of Section 15-1508, no
19order of possession pursuant to a confirmation of judicial
20foreclosure sale shall be entered by a court, placed with a
21sheriff for execution, or executed by a sheriff until a date
22after July 31, 2021.
23    (c) This Section applies to any action to foreclose a
24mortgage relating to residential real estate, which, as used in
25this Section, includes any real estate except a single tract of



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1agricultural real estate consisting of more than 40 acres, that
2is improved with a single family residence or residential
3condominium units or a multiple dwelling structure containing
4single family dwelling units for 6 or fewer families living
5independently of each other, except that this Section does not
6apply in cases in which the plaintiff establishes by competent
7proof that the subject real property is vacant or abandoned.
8    (735 ILCS 5/15-1514 new)
9    Sec. 15-1514. Temporary COVID-19 stay of certain
10foreclosure proceedings and filings.
11    (a) This Section applies to any action to foreclose a
12mortgage relating to residential real estate, which, as used in
13this Section, includes any real estate except a single tract of
14agricultural real estate consisting of more than 40 acres, that
15is improved with a single family residence or residential
16condominium units or a multiple dwelling structure containing
17single family dwelling units for 6 or fewer families living
18independently of each other, except that this Section does not
19apply in cases in which the plaintiff establishes by competent
20proof that the subject real property is vacant or abandoned. As
21used in this Section, "residential real estate" includes shares
22assigned to a unit in a residential cooperative.
23    (b) Any action to foreclose a mortgage pending on the
24effective date of this amendatory Act of the 101st General
25Assembly, including actions filed on or before March 9, 2020,



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1or commenced within 30 days of the effective date of this
2amendatory Act of the 101st General Assembly, shall be stayed
3until May 1, 2021.
4    (c) No court shall accept for filing any action to
5foreclose a mortgage before May 1, 2021.
6    (d) All deadlines related to any pending foreclosure
7proceeding on the effective date of this Section, including the
8running of any redemption period, are tolled until May 1, 2021.
9    (e) If any clause, sentence, paragraph, subsection, or part
10of this Section shall be adjudged by any court of competent
11jurisdiction to be invalid and after exhaustion of all further
12judicial review, the judgment shall not affect, impair, or
13invalidate the remainder thereof, but shall be confined in its
14operation to the clause, sentence, paragraph, subsection, or
15part of this Section directly involved in the controversy in
16which the judgment shall have been rendered.
17    Section 10-15. The Consumer Fraud and Deceptive Business
18Practices Act is amended by adding Section 2Z.5 as follows:
19    (815 ILCS 505/2Z.5 new)
20    Sec. 2Z.5. Dissemination of a sealed a court file.
21    (a) A private entity or person who violates Section 9-121.5
22of the Code of Civil Procedure commits an unlawful practice
23within the meaning of this Act.
24    (b) This Section is repealed on August 1, 2022.



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Article 99.

2    Section 99-99. Effective date. This Act takes effect upon
3becoming law.".