EO 2021-19 (COVID-19 EO No. 65): Re-Issue of Previous Executive Orders through September 18, 2021
***Not posted to the public until 8.23.21
EO 2021-13: Residential eviction moratorium
- Sections 1, 4, 5, 7, and 8 re-issued through September 18, 2021.
- Section 9 is revised to state that nothing in this EO shall preclude a person or entity with a legal right to pursue an eviction or possessory action from challenging the truthfulness of a tenant’s, lessee’s, sub-lessee’s, or resident’s declaration in court, as permitted by law and the applicable court’s rules.
From EO 2021-13:
Section 1 – Definitions
Section 4 - All state, county, and local law enforcement officers in the State of Illinois are instructed to cease enforcement of orders of eviction for residential premises entered against a Covered Person or Non-Covered Person, unless that person has been found to pose a direct threat to the health and safety of other tenants or an immediate and severe risk to property. This section shall not apply to orders entered before March 20, 2020 and, beginning on June 25, 2021, to orders entered against Non-Covered Persons. Enforcement of eviction orders must conform with the requirements of 735 ILCS 5/9-117.
Section 5 - Nothing in this Executive Order shall be construed as relieving any individual of the obligation to pay rent or comply with any other obligation that an individual may have pursuant to a lease or rental agreement.
Section 7 - This Executive Order supersedes Executive Order 2020-72.
Section 8 - If any provision of this Executive Order or its application to any person or circumstance is held invalid by any court of competent jurisdiction, this invalidity does not affect any other provision or application of this Executive Order, which can be given effect without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are declared to be severable. This Executive Order is entered with the understanding that the judicial branch has the authority to adopt appropriate procedural measures governing the order’s application in judicial proceedings.
IMHA recommends members consult with their legal advisors to determine how this extension may impact your operations.