Governor JB Pritzker Further Extends and Strengthens Illinois Residential Eviction Moratorium through April 3, 2021

On March 5, 2021, Governor JB Pritzker issued Executive Order 2021- 05, which is a reissuance of Executive Order 2020-72 (as previously amended by Executive Orders 2020-74 and 2021-04).

This Executive Order is yet another continuation of Governor JB Pritzker’s statewide prohibition on residential evictions in Illinois which will now continue through April 3, 2021. Specifically, the Executive Orders offer anti-eviction protections to Covered Persons who provide a certified Declaration to their landlord in conformance with the requirements of the Executive Orders. Additionally, Executive Order 2021-05 further expands tenant protections by offering the same anti-eviction protections to a tenant that is already subject to an ongoing eviction action. Specifically, if such tenant- defendant provides a conforming, certified Declaration (even if provided after an eviction action is filed), then the landlord-plaintiff is prohibited from continuing such action.

For landlords, it is important to comply with the Executive Orders in connection with eviction actions. It is also important to recognize (and inform your tenants upon receipt of a conforming Declaration) that the eviction moratorium does not excuse tenant from his or her obligation to pay rent. Finally, it is important to note that the eviction moratorium does not apply or prohibit eviction proceedings against a tenant that poses a direct threat to the health and safety of other tenants or an immediate and severe risk to property.