"Phase 5" Guidelines & "Phase Out" of Eviction Moratorium Effective June 11th
All of Illinois "Reopens" June 11th; Multifamily No Longer Has "Industry-Specific" Guidance; Eviction Moratorium to "Phase Out"
On Friday, June 11th, the City of Chicago, Cook County, and the State of Illinois will enter "Phase 5" of the RESTORE ILLINOIS plan. Coinciding with the full reopening of the state, Governor Pritzker issued Executive Order 2021-13 which begins a 'phase out' of the statewide eviction moratorium after fifteen months.
"Phase 5" Guidance: State Fully Reopened (Wear a Mask if Unvaccinated)
The Illinois Department of Public Health (IDPH) has published guidance for ALL businesses and venues here. The guidance is summarized as follows:
"This guidance replaces the industry-specific guidance that the Department of Commerce and Economic Opportunity published as part of the state’s Restore Illinois plan. This guidance includes recommendations for all types of businesses and venues, customers, and employees in order to help maintain healthy environments and operations, as well as lower the risk of COVID-19 spread.
The following are recommended prevention strategies that recognize that while the state of Illinois has made substantial progress in vaccinating its residents, a number of individuals remain ineligible or have not yet chosen to be vaccinated. Consistent use of prevention strategies will help reduce the spread of COVID-19 and protect people who are not fully vaccinated, including customers, employees, and their families. As always, businesses and local municipalities may choose to implement additional prevention strategies as they deem appropriate.
- COVID-19 vaccines are safe, effective, and widely available across Illinois. Everyone aged 12 years and older should be vaccinated against COVID-19 as soon as possible to keep from getting and/or spreading COVID-19.
- For businesses and venues where everyone present is fully vaccinated, the state does not require face coverings and social distancing in both indoor and outdoor settings. Businesses and municipalities are permitted to continue requiring face coverings and social distancing as they deem appropriate.
- For indoor businesses and venues where everyone present is not fully vaccinated, unvaccinated persons should wear a face covering and maintain six feet social distance. Businesses and venues may continue to require face coverings and/or social distancing. At outdoor businesses and venues, unvaccinated persons may choose not to wear a face covering when able to maintain a six-foot social distance while outdoors, unless required to do so by a business or municipality.
- Although people who are fully vaccinated are not required to wear a face covering under state guidance, businesses and venues should be supportive of customers and employees who choose to wear a face covering.
- Persons who are immunocompromised should consider wearing face coverings when in settings where others may not be fully vaccinated.
- All unvaccinated persons should wear face coverings in crowded settings, both indoors and outdoors, especially when youth are present. See CDC guidance for further information.
- There are limited circumstances and settings where all individuals, including those who are fully vaccinated, must continue to wear a mask in accordance with CDC guidance: (1) on public transportation, (2) in congregate facilities, (3) in health care settings, and where required by federal, state, local, tribal, or territorial laws, rules, and regulations, including local business and workplace guidance.
- All businesses and venues should support social distancing to the extent possible, especially in indoor settings. Businesses and venues should apply best practices in managing distancing at such places as concessions/counters, public restrooms, and lines/queuing.
- This guidance will be updated as the CDC releases new recommendations and is meant to supplement any federal or local guidance, safety laws, rules, regulations or business safety policies that may expressly require a face covering and/or social distancing.
- Continue to consult the CDC and IDPH websites for updated resources, guidelines, and rules related to COVID-19 safety."
Statewide Eviction Moratorium Amended and Will "Phase Out" Immediately
- Orders for possession issued prior to March 20, 2020 can be executed subject to the conditions outlined in Section 4 of the order.
- The categories of eviction cases that can be filed against non-covered persons is expanded beginning June 26, 2021.
- Orders for possession issued after March 20, 2020 against non-covered persons can be executed beginning June 26, 2021 subject to conditions outlined in Section 4 of the order.
- The judicial branch has the authority to adopt appropriate procedural measures governing the order’s application in judicial proceedings.
- CAA plans to meet with the Cook County Sheriff soon, and continue to provide updates as the order evolves.
- For other details on the Executive Order and how it impacts your property operations, please consult with legal counsel.