Phase 3 Recovery Executive Orders: Multifamily Update

Posted By: Tom Benedetto COVID-19 ,

Phase 3 Executive Orders: Multifamily Updates 

On Friday, May 29th, Governor JB Pritzker released new versions of his executive orders. Effective immedately, Executive Order #38 or “Phase 3: Reopening” is the newest overarching collection of guidelines pertaining to public health and business reopening guidelines.

The moratorium on eviction filing and enforcement, Executive Order 2020-30 (officially amended by Executive Order 2020-33),  is re-issued in its entirety and extended through June 27, 2020. It reads as follows: 

Section 2. A person or entity may not commence a residential eviction action pursuant to or arising under 735 ILCS 5/9-101 et seq., unless a tenant poses a direct 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. Nothing in this Executive Order shall be construed as relieving any individual of the obligation to pay rent or comply with any other obligation that an individual may have pursuant to a lease or rental agreement. This Executive Order does not supersede any provision of any other prior Executive Order.

Section 3. All state, county, and local law enforcement officers in the State of Illinois are instructed to cease enforcement of orders of eviction for non-residential premises, unless the tenant has been found to pose a direct 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. Nothing in this Executive Order shall be construed as relieving any individual or entity of the obligation to pay rent or comply with any other obligation that an individual or entity may have pursuant to a lease or rental agreement. The continued need for this directive shall be evaluated upon issuance of any new Gubernatorial Disaster Proclamation.

The State of Illinois Department of Financial and Professional Regulation's Real Estate Division has released guidance for real estate professionals titled "Phase 3: Recovery Guidance for Real Estate Licencees and Consumers"

Common Guidelines for all Phase 3 Businesses and Operations to follow can be found in the Phase 3 Business Toolkit, including Guidance on Fitness Centers and Gyms.

A larger collection of guidance on Phase 3 Reopening is here: https://www2.illinois.gov/dceo/pages/restoreILP3.aspx.