The Illinois Supreme Court has entered an amended order (M.R. 30370) drafted with the intent of clarifying the standards for residential evictions impacted by the governor’s executive orders on the eviction moratorium. These standards are to be applied by all Illinois courts interpreting complaints seeking eviction during the moratorium. The amended order specifically addresses what must be filed in support of any order seeking a residential eviction in Illinois while the moratorium is in effect:
- The filing of any complaint seeking residential eviction must be accompanied by a certification form which demonstrates that the plaintiff/landlord has provided the defendant/tenant with a form declaration (available from Illinois Housing Development Authority (or a similar form)) pursuant to which the plaintiff landlord declares that they either (1) have not received a qualifying declaration from any defendant/tenant that they are a “covered” person under the executive order or (2) another stated exception to the Governor’s moratorium applies.
- Under the executive order, a person or entity cannot commence an eviction against a “covered person” who does not owe rent unless the person poses a direct threat to the health and safety of other tenants or an immediate and severe risk to property.
- Promptly upon filing, eviction cases are to be referred by the clerk to a judge designated by the court to review all complaints for eviction.
- If the reviewing judge determines that the required certification form was not filed or is not complete, that judge is required to dismiss the case, seal the record and not allow a summons to be issued. The case can be refiled under a new case number after the moratorium expires and a new filing will be waived.
- If a plaintiff/landlord receives a declaration which, on its face, shows a tenant is a “covered person” but wishes to challenge that declaration, they can request a hearing before the court on that issue at the time the complaint for eviction is filed.
- Plaintiff/landlords cannot take it upon themselves to enforce an eviction order.
The full text of the order can be found on the Illinois Supreme Court website.
The Plaintiff’s Certification of Compliance with the Governor’s Executive Order on Evictions is also on the website as Appendix A of Order M.R. 30370.