Evictions can now be filed under the New Eviction Moratorium Order in Cook County. 

The new Eviction Moratorium allows for the filing of evictions if the tenant/occupant is not a “covered person.” 

A Tenant/Occupant is a “Covered Person” if the Tenant/Occupants submits the attached Declaration. Note that we could try to dispute the Tenant/Occupant’s claim that they are a covered person, if you have evidence that the following statements are false:

• the individual either (i) expects to earn no more than $99,000 in annual income for Calendar Year 2020 (or no more than $198,000 if filing a joint tax return), (ii) was not required to report any income in 2019 to the U.S. Internal Revenue Service, or (iii) received an Economic Impact Payment pursuant to Section 2001 of the CARES Act; and,
• the individual is unable to make a full rent or housing payment due to a COVID-19 related hardship including, but not limited to, substantial loss of income, loss of compensable hours of work or wages, or an increase in out-of-pocket expenses directly related to the COVID-19 pandemic; and,
• the individual is using best efforts to make timely partial payments that are as close to the full payment as the individual’s circumstances may permit, taking into account other Non-Discretionary Expenses; and,
• eviction would likely render the individual homeless—or force the individual to move into and live in close quarters in a new congregate or shared living setting—because the individual has no other available housing options.

It is important to remember however, that although a case can be filed and an eviction order/judgement can be obtained, the tenant/occuptant cannot be evicted from the property until the Eviction Moratorium is lifted.

The Order sill prohibits the enforcement of any eviction order unless the tenant/occupant poses a threat to the health and safety of other tenants; an immediate and severe risk to property, or a violation of any applicable building code, health ordinance, or similar regulation.