Landlord wants state to allow evictions
Property owner seeks to continue processes started before crisis
AWill County landlordwants Gov. J.B. Pritzker to modify his blanket moratorium on evictions to address tenants whowere set to be evicted for nonpayment of rent before the pandemic began.
CraigHorvath, 48, of Chicago, said he is dealing with a tenant in unincorporated Lockport who has not paid rent for more than a year.
“This is incredibly unfair to me as a landlord, asmy problem existed prior to anything related to theCOVID-19 pandemic,” Horvath said.
Horvath owns multiple properties in Cook andWill counties, he said. He said he hasworked with some tenants who fell behind in rent payments because their incomeswere affected by the pandemic.
“Iwas fair,” he said.“We worked it out.”
Some renters, however, are abusing the system, he said. They knowthey can’t be evicted, so they have no incentive to pay their rent, even if they’re healthy and working, Horvath said.
Horvath and many other landlords are like small-business owners. Typically, they must still pay mortgages and property taxes even when they suffer income loss due to tenants’ nonpayment of rent.
Numerous financial analysts havewarned that eviction moratoriums are contributing to a growing crisis that will result in a wave of foreclosures and bankruptcies in 2021. Horvath agrees with their views.
“They’re kicking the can down the road,” he said of moratorium advocates. “Nothing is going to stop this.”
Horvath believes theworst effects of the impending financial crisis could be lessened if Pritzker allowed some evictions to occur now. For starters, landlords should be able to resume evictions thatwere initiated before the moratoriumwas first issued March 20, he said.
Also, the governor’s monthly last-minute extensions of the moratorium create frustration and uncertainty for landlords, Horvath said.
Jordan Abudayyeh, Pritzker’s press secretary, said the extensions must occur on a monthly basis. The current moratorium is in effect through Oct. 17. “It is renewed every 30 days because
the moratorium is being issued under the governor’s emergency powers froma disaster proclamation,” she said. “Those proclamations have to be renewed every 30 days.”
No politicianwants to appear cruel or inhumane during a public health crisis. Temporarily halting evictions seven months ago at the start of the pandemic seemed reasonable to many. Now, however, it appears the state’s moratorium on evictions may last for a year or more, Horvath said.
“No judge is going to evict someone in the middle of winter,” he said.
Public health and safety concerns shaped the state’s eviction moratorium, Abudayyeh said.
“The eviction moratoriumwas issued to ensure that the economic hardships renters and homeownerswere facing because of an unprecedented pandemic didn’t leave them homeless at a time where putting more people into shared housing or other congregate settings, like shelters, came with increased risk of spread,” she said.
The state’s moratorium is more stringent than a temporary federal ban on many evictions. In early September, the Centers for Disease Control and Pre
vention, through theU.S. Department ofHealth and Human Services, ordered an unprecedented halt on evictions to prevent the further spread of
COVID-19.
The order is in effect through Dec. 31. However, renters must fill out a form and certify they meet five criteria for eligibility. The criteria include meeting income requirements, demonstrating an effort to make partial rent payments and making “best efforts” to seek financial assistance through various programs.
Numerous government
supported relief efforts are available to help renters. The IllinoisHousing DevelopmentAuthority has designated $150 million in federal funds to provide up to $5,000 each to help an estimated 30,000 households pay their rents.
“In an effort to help people during the pandemic the administration created the largest rent and mortgage assistance program in the nation that is providing direct relief to thousands of Illinoisans,” Abudayyeh said.
The city of Chicago has apportioned $33 million in
rental assistance for 10,000 homes, and Cook County has authorized $20 million to help 4,400 suburban households.
Still, there are renters who do not bother to apply for programs because they knowthey cannot be evicted so long as the blanket moratorium remains in place, Horvath said.
“These people are squatters with no intention of paying rent,” Horvath said of his tenants in unincorporated Lockport. “None of the rental assistance plans willwork withmy situation.”
Horvath said he had initiated eviction proceedings against the Lockport tenant before the moratoriumfirst took effect in March.
Many have criticized the governor’s response to the pandemic. The village of Orland Park and others sued the state over restrictions on restaurants and other businesses, though thisweek the village dropped its federal lawsuit.
Parents have sued the Illinois High School Association, seeking a court ruling to force the IHSA to restore football and other fall sports. Illinois is the only state in the Midwest without high school football this fall.
Some of the debate involves differing views on policy issues. Other criticism sounds more like political attacks. Some complaints concern administrative practices, such as howIllinois has handled unemployment claims or operated secretary of state facilities.
People in Illinois have worked hard to restore many services sinceMarch. Cook County courthouses reopened in July. Most public libraries have resumed operations. Schools are in session, with many offering in-person classes.
People have figured out ways to mitigate health risks and allowmost commerce and public services to resume. That is, except when it comes to evictions.
Like them or not, evictions are an essential part of the financial system. Society can and should show compassion toward those who have fallen on hard times. But giving a free pass to scofflaws who abuse a system offends those who believe in justice and fairness.
This is about more than landlords suffering financial losses. The situation would not be made right even if the government compensated landlords whose tenants refused to pay rent. There is still the issue of people living rentfree for months. They seem to mock law-abiding taxpayers who followthe rules and pay their bills.
“When the moratoriums do finally end, does anyone think that the renters are actually going to be able to pay almost one year’s back rent to the property owners?” Horvath said. “Good luck to the property owners who attempt to get those moneys.”
The situation demands a more nuanced approach than a blanket ban on all evictions.
“All pre-COVID-19 eviction situations are being lumped into the same bucket,” Horvath said.
“This blanket eviction moratorium is incredibly unfair formy situation.”