LEGAL EXPERTS: Cook County Circuit Court allowing ILLEGAL EVICTIONS every day!
1 month into Executive Order closing eviction filings, the court is STILL not in compliance, legal experts say. Hundreds of Cook Country Residents demand filings halted and vacated.
CHICAGO — In a letter addressed to Clerk of the Circuit Court of Cook County Dorothy Brown and Chief Judge Timothy C. Evans, Beyond Legal Aid has joined the Autonomous Tenants Union (ATU) and renters across the county in requesting that the Court comply with Governor Pritzker’s orders to close eviction filings for non-payment.
Hundreds of evictions have been filed since Illinois’ first stay-at-home order was placed, and filings have continued even after Governor J.B. Pritzker ordered a halt to commencement of eviction actions.
In late March, ATU joined dozens of other community organizations, legal aid groups, and elected officials to publish a petition which now has over 17,400 signatures calling for bold tenant protections during the public health crisis, including a complete closure of eviction filings in Cook County. On April 23, the Governor finally heeded this demand through Illinois Executive Order 2020–30, stating that “a person or entity may not commence a residential eviction action” unless a tenant poses a threat to other tenants or property or violates a building code or similar regulation.
According to Beyond Legal Aid attorney Evan Stahr, this executive order means that “evictions for non-payment cannot be filed in Illinois for the duration of the COVID-19 crisis.” And yet over 200 evictions have been filed in Cook County alone since the April 23 executive order was placed.
CLICK HERE TO WRITE A LETTER URGING COOK COUNTY COURT TO FOLLOW THE LAW!
This lack of enforcement of eviction regulations appears to represent a pattern at the Circuit Court, as earlier this month TLC Management was forced to cancel and dismiss two eviction lawsuits filed in violations of the federal CARES Act — but only after tenants and advocates pointed out the violations!
Hundreds of Cook County residents have now written to Circuit Court Clerk Brown and Chief Judge Evans to ask them to comply with the state executive order and close eviction filings. Beyond Legal Aid has affirmed their request, noting that the Court “hold[s] the tool” to enforce this order by rejecting eviction filings.
Due to the massive surge in unemployment caused by the coronavirus crisis, the strain this has put on renters in making ends meet, and the Court’s reluctance to enforce eviction regulations, the Autonomous Tenants Union also calls on the Circuit Court to dismiss and seal all evictions filed since the original Illinois stay-at-home order issued on March 20, 2020.
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CLICK HERE TO WRITE A LETTER URGING COOK COUNTY COURT TO FOLLOW THE LAW!
Full text of legal analysis and letter to Cook County Circuit Court officials below:
May 21, 2020Dorothy Brown
Clerk of the Circuit Court
50 W. Washington St., Room 1001
Chicago, IL 60602Honorable Timothy C. Evans
Chief Judge of the Circuit Court
50 W. Washington St., Room 2600
Chicago, IL 60602Re: Executive Order 2020-30 and Eviction Filings in the Circuit CourtDear Clerk Brown and Chief Judge Evans:As organizations that advocate on behalf of renters, we are writing to urge the Chief Judge’s and Clerk’s offices to reject eviction filings for non-payment in the Circuit Court of Cook County for the duration of the COVID-19 crisis.Illinois Executive Order 2020-30, issued by Governor Pritzker on April 23, 2020, states that “a person or entity may not commence a residential eviction action” unless a tenant poses a threat to other tenants or property or violates a building code or similar regulation. In other words, evictions for non-payment cannot be filed in Illinois for the duration of the COVID-19 crisis.The forcible entry and detainer statute supports this interpretation. 735 ILCS 5/9-209, for example, states that a landlord may “commence an eviction” (in other words, file the eviction complaint) only after serving a demand for rent in the form of a 5-day notice. The Illinois Code of Civil Procedure, 735 ILCS 5/2-201, also makes it clear that “every action . . . shall be commenced by the filing of a complaint.” Landlords should not be allowed to commence evictions for non-payment by filing eviction complaints.Despite the Executive Order, new evictions are being filed in the Circuit Court every day. It is clear that landlords are not abiding by the Executive Order and are attempting to remove tenants in the middle of the largest public health crisis in recent memory.The Chief Judge’s and the Clerk’s offices hold the tool to fix this issue: the ability to reject filings. Eviction filings for non-payment of rent should be rejected until the COVID-19 crisis passes. It is not enough for tenants’ advocates to try to get the cases dismissed after the fact – tenants may have already moved, even if the initial eviction was filed illegally. The mere fact that an eviction case was filed – even an eviction that is dismissed in the end – makes it harder to find housing in the meantime, as many landlords perform background checks.Living in Cook County during this pandemic can be a harrowing experience for everyone – and most especially renters. Facing the prospect of job loss, economic crisis, and disproportionate burdens from COVID-19, renters do not need the additional worry of wondering whether their landlord is going to evict them for being unable to pay. We urge the Circuit Court to reject all eviction filings for non-payment until the crisis is over.Sincerely,Beyond Legal Aid
Autonomous Tenants Union
