COVID-19

Due to the COVID-19 pandemic, the Supreme Court of Illinois issued guidelines for the closing of courthouses for all cases except essential legal matters.   Most court hearings in Kane County may now be attended remotely via video or phone using the Zoom platform.

 

If you currently have a court matter with Donat & Donat, P.C. and have questions about your next court date, please contact us at kate@donatlaw.com or office@donatlaw.com.  If you are not yet represented by Donat & Donat, P.C. but have questions about a court matter, please contact us to discuss.

 

Evictions:  As of March 5, 2021, Governor Pritzker extended the statewide moratorium on residential evictions until April 3, 2021. The moratorium offers protection to tenants or residents that are “Covered Persons” who meet all four of the following criteria:

"(1) the individual either (i) expects to earn no more than $99,000 in annual income for Calendar Year 2020 (or no more than $198,000 if filing a joint tax return), (ii) was not required to report any income in 2019 to the U.S. Internal Revenue Service, or (iii) received an Economic Impact Payment pursuant to Section 2001 of the CARES Act;" and is (2) "unable to make a full rent or housing payment due to a COVID-19 related hardship including, but not limited to, substantial loss of income, loss of compensable hours of work or wages, or an increase in out-of-pocket expenses directly related to the COVID-19 pandemic;" and (3) "the individual is using best efforts to make timely partial payments that are as close to the full payment as the individual’s circumstances may permit, taking into account other Non-Discretionary Expenses;" and (4)  eviction would likely render the individual homeless . . .".

Landlords must provide a Declaration form to the resident or tenant at least 5 days prior to the notice of termination of tenancy. If the tenant can establish that they meet all four requirements of the Covered Person test, the eviction will fail unless the person either 1) poses a direct threat to the health and safety of other tenants or 2) an immediate and severe risk to the property. Landlords may now challenge the truth of the Declaration via a motion to the Court.

 

Foreclosures: Foreclosure matters resumed June 1, 2020. Some, but not all, foreclosures are stayed due to COVID-related holds related to the C.A.R.E.S. Act. Contact Donat & Donat, P.C. if you have questions about your particular case. 

 

COVID-19 Related Hardship: If you experienced a financial hardship due to the pandemic and have questions about your rights and responsibilities, please contact Donat & Donat, P.C. to discuss your options.

Image by iMattSmart