Eviction Moratoriums

If you receive an eviction notice or you think you want to use the Illinois moratorium to protect you from eviction, please talk to a lawyer before signing a declaration. Call Chicago Tenants Movement at our hotline at 773-657-8700 to be connected free legal aid.

Illinois State Moratorium

The Lawyers’ Committee for Better Housing held an overview of the most recent updates to the IL Eviction moratorium on Facebook live video.

As of Nov. 13, 2020

The Illinois evictions ban was recently extended to be in effect until Dec. 16, 2020. The guidelines under the most recent extension have changed.

  • It now only applies to tenants who earn less than $99,000 (person files taxes as single) or $198,000 (couple files taxes jointly)
  • Tenants who cannot pay rent and want to be protected by the moratorium must now submit a declaration to their landlord. Landlords are required to give tenants copies before serving an eviction notice. If a landlord fails to provide the declaration it is available here or at Illinois Housing Development Authority’s website (www.ihda.org). A tenant verbally telling or texting their landlord their ability to pay rent has been impacted by COVID is not probably not enough.
  • The declaration has the tenant swear that they:
    • cannot pay rent in full due to a COVID related hardship
    • are expected to make less than $99,000 ($198,000 for couples) this year
    • will make best efforts to make partial rent payments
    • would likely become homeless or have to double up if evicted
  • There are downsides to this declaration
    • Lying on a signed declaration is a crime and a tenant could face penalties under perjury — Do not fill one out if you cannot truthfully say everything in it
    • The declaration admits that the tenant owes rent. It could prevent tenants from participating in a rent strike or the landlord could use that admission later in court.

CDC Federal Moratorium

On Sept. 4, 2020,

The Center for Disease Control has made most evictions due to nonpayment of rent until Dec. 31, 2020.

The CDC moratorium does not come into effect in Illinois until (if) the Illinois ban expires first. This is because Illinois moratorium is considered a stronger protection. To be protected by the federal moratorium, certain conditions must be met. The conditions are similar to the current Illinois conditions.

  • Only applies to tenants who earn less than $99,000 (person files taxes as single) or $198,000 (couple files taxes jointly)
  • Tenants who cannot pay rent and want to be protected by the CDC moratorium must submit a declaration to their landlord. It is provided by the tenant. You can find the declaration here or on the CDC’s website (www.cdc.gov).
  • The declaration states that the tenant swears they:
    • cannot pay rent in full due to an income loss or “extraordinary” medical bills
    • have made best efforts to get all available government rent/housing assistance
    • make timely partial payments that are as close to the full payment as the tenant’s situation permits
    • would likely become homeless or have to live in “close quarters” if evicted
  • There are downsides to this declaration
    • lying on this signed declaration is crime and a tenant could face penalties under perjury– Do not fill one out if you cannot truthfully say everything in it.
    • The declaration admits the tenant owes rent. It could prevent tenants from participating in a rent strike. Also the landlord could use that admission later in court.

Above information taken from:

Please remember the above information is our best attempt at taking very complicated laws and restating them in a more accessible way.