The COVID-19 pandemic has had a devastating effect on our State. The ramifications of the pandemic has no doubt extended far and affected many. Illinois Governor Pritzker has passed two Executive Orders that essentially stay all eviction proceedings. Specifically, Executive Order 2020-10 halted the enforcement of residential evictions. Under this Executive Order, landlords were unable to enforce orders of possession after March 20, 2020. Subsequently, Executive Order 2020-30 was signed on April 23, 2020. This Executive Order extended further and prohibited the commencement of eviction actions. Currently, there is no guidance from the Governor as to the application of the orders to condominiums and homeowners’ associations. Thus, counties within the State have different interpretations as to whether the language of these orders includes or excludes condominiums and homeowners’ associations from the eviction moratorium.
The eviction moratorium was extended one-step further under the CDC order that went into effect on September 1, 2020. Under the CDC Order, all residential evictions are temporarily halted until December 31, 2020. The CDC Order cites a need to halt evictions in jurisdictions where adequate protection is lacking. However, the CDC Order would not apply in jurisdictions that have a current eviction moratorium that “provides the same or greater level of public-health protection than the requirements listed in this order.” Presumably, Illinois would be exempt, as Governor Pritzker’s 2020-10 and 2020-30 would allow the same level of protection, except that the orders are renewed monthly by the Governor. As it stands, the CDC Order has the effect of staying eviction actions for all condominium and homeowners’ associations until December 31, 2020.