When will eviction moratorium end?
CraigHorvath is a landlord who has a good sense of the looming eviction crisis that the pandemic has caused.
Horvath, of Chicago, shared his story with readers in October about how the state’s eviction moratorium blocked him from doing anything about a scofflaw-tenant in unincorporated Lockport who has paid no rent since last year.
“My situation is not COVID-related,” Horvath said. “It started in 2019.”
We spoke again this week about the state eviction moratorium that is set to expire Saturday, a federal moratorium in effect through Dec. 31 and the massive backlog of evictions that have been piling up since March.
“We’re all in the unknown,” Horvath said. “Withmy situation, it’s incredibly unfair.”
Horvath had initiated eviction proceedings against his Will County tenant before Gov. J.B. Pritzker first declared a moratorium March 14. Since then, the governor has used emergency powers to extend the ban on evictions in 30-day increments eight times.
The most recent extension, in November, included new provisions. Tenants were required to provide sworn statements about why theywere unable to pay rent. People could still be evicted if they exceeded certain income levels.
The changes appeared to be framed as a response to criticism that the administration should do more to extend protections to landlords who faced financial hardships of their own.
Landlords are sometimes portrayed as greedy, mustache-twirling villains intent on throwing widows and orphans out into the street the moment they fall behind on rent.
Contrary to that depiction, many landlords are small-business owners scraping by like everyone else during the pandemic. In many cases, they still
have to pay utility bills, mortgages and real estate taxes even when they are getting no revenue because tenants have stopped paying rent. Unlike big corporations, many landlords are unable to absorb such significant operating losses.
Horvath took a closer look at the new rules issued by Pritzker last month andwas dismayed by what he found.
“Iwant to be fair and say it’s something, I will give the governor that,” he said. “But you can poke a hole right through it.”
The changes said landlords could proceed with evictions unless tenants were “covered persons” protected by various criteria. Renters were covered if they expected to earn less than $99,000 during 2020, or $198,000 if married filing jointly.
Horvath thought the income exception would cover just about every renter in the state. He believed the exceptions carved out huge loopholes that essentially provided no new protections for landlords.
Then therewas the issue of enforcement. If tenants refused to respond to inquiries about nonpayment of rent, howare landlords supposed to get them to fill out a form attesting to their hardship circumstances?
“If they don’t fill it out and ignore it, then what?” Horvath asked. “None of this is tested.”
Horvath and other landlords are confronted with a dilemma. Why spend money hiring a lawyer to pursue an eviction case when it seems unlikely that any judge will order a tenant out of a home during the winter of theworst pandemic in more than a century?
Shelters that provided relief for groups of people without homes are not operating due to concerns about community spread of the coronavirus. Agencies that have been serving families and individuals with vouchers for shelter in hotels and motels are overwhelmed with requests.
There is nowhere for people to go, other than the streets. In that sense, eviction moratoriums seem like acts of compassion and concern for public health.
However, there is no indication about when the state might lift the eviction moratorium. What are landlords like Horvath supposed to do?
Horvath thinks the state missed an opportunity to cut into the backlog of pending evictions by allowing some evictions to proceed during the summer.
“All I have been asking for is for evictions that started pre-COVID, let those go through,” he said. “Now we’re into winter.”
It might be reasonable to assume the state will lift the moratorium later in 2021, if sufficient numbers of people are successfully vaccinated for COVID-19.
Pritzker’s press office did not immediately respond to an inquiry about the moratorium. Horvath said he is frustrated that the governor’s office has not responded to his questions.
Every other state and many other jurisdictions around theworld are struggling with eviction dilemmas due to the pandemic. In some states, legislators have shared a greater role in determining eviction policies and procedures.
But here in Illinois, the fall veto session was canceled. There is uncertainty about how quickly lawmakers can address business in January because nothing can happen until legislators select leaders. House Speaker Michael Madigan has said he intends to seek another term, though he appears to lack support from enough representatives.
Political opponents have heaped relentless criticism upon Pritzker. Some of it is based on lies. Pritzker lashed out at critics who falsely accused his daughter of violating guidance about dining and gathering in groups.
Ugly politics, however, is different from valid debate about policy decisions affecting the lives and livelihoods of many people. In an August letter that urged Pritzker to extend the moratorium, Cook County Sheriff Tom Dart estimated that the issue affected some 250,000 households in the county.
“A continued evictions moratorium coupled with aggressive pursuit of every possible avenue for financial relief for both property owners and renters provides the best opportunity for helping Cook County residents weather this unprecedented financial calamity,” Dart wrote.
When the Centers for Disease Control and Prevention issued its eviction ban in September, it said as many as 40 million Americans faced eviction due to nonpayment of rent.
Federal, state and local authorities have provided funds to help people pay rent. Many of those resources appear to have been exhausted. Meanwhile, Congress seems to be deadlocked over additional relief.
The inability to achieve political compromise and the lack of bipartisan agreement on addressing the economic crisis seem to make it harder to address the evictions backlog and other aspects of the economic crisis.
There are no easy answers. Anyone who researches the evictions issue is likely to encounter worrisome facts, troubling data and gloomy forecasts about a dire situation.
It seems as if eviction moratoriums are placing enormous pressure on the financial system. People deserve to know how and when the state plans to allow evictions to resume.
Last month, Horvath thought the governor’s changes would provide relief for landlords. But when he read the requirements more carefully, he concluded that the situation hasn’t really changed.
“I’ve wrestled with this,” he said. “What am I going to do?”