SB3066ham004 101ST GENERAL ASSEMBLY

Rep. Delia C. Ramirez

Filed: 1/8/2021

10100SB3066ham004 LRB101 17653 HEP 74672 a

AMENDMENT TO SENATE BILL 3066

AMENDMENT NO. ______. Amend Senate Bill 3066 by replacing everything after the enacting clause with the following:

"Article 5.

"Section 5-1. Short title. This Act may be cited as the COVID-19 Federal Emergency Rental Assistance Program Act.

Section 5-5. Purposes and findings. The purpose of this Act is for the State to implement federal Coronavirus Relief Fund (CRF) assistance to renters administered by the U.S. Department of the Treasury, appropriated from the Consolidated Appropriations Act, 2021.

International, national, State, and local governments and health authorities are responding to an outbreak of a disease caused by the novel Coronavirus referred to as COVID-19. African American and Latino households in the State are at disproportionate risk of exposure to and the contraction of COVID-19 and to economic effects of this pandemic.

On March 9, 2020, the Governor issued a disaster declaration proclamation in this State because of the threat of COVID-19.

On March 26, 2020, the President of the United States declared that a major disaster exists in the State and ordered Federal assistance to supplement State, tribal, and local recovery efforts in the areas affected by the COVID-19 pandemic beginning on January 20, 2020 and continuing.

During this emergency and in the interest of protecting the public health and preventing transmission of COVID-19, it is essential to avoid unnecessary housing displacement to prevent housed individuals from falling into homelessness.

Unpaid rent, late fees, and court costs are currently accruing against residential tenants and will be demanded by landlords after the expiration of the emergency period.

To reduce the rental arrears throughout this State, all eligible residential landlords and tenants alike shall avail themselves of the Emergency Rental Assistance Program.

The State deems it necessary to protect public health, life, and property during this declared state of emergency by protecting residential tenants from certain evictions and other hardships during this public health and economic crisis.

Section 5-10. Definitions. As used in this Act:

"Administering State agency" means any agency or department of the State that is eligible to receive a direct federal allocation of federal Emergency Rental Assistance funds that will disburse and administer the Federal Emergency Rental Assistance Program.

"Applicant" or "program applicant" means any person or entity who is a residential tenant or lessee or landlord or lessor that has submitted an application, individually or jointly, to receive federal Emergency Rental Assistance funds.

"Eligible household" has the same meaning as used by the federal law enacting the federal Emergency Rental Assistance program.

"Program" means the federal Emergency Rental Assistance Program.

"Recipient" or "program recipient" means any person or entity that is a residential tenant or lessee, landlord or lessor, or utility provider that had a successful application, in that the administering State agency disbursed funds either: (i) on behalf of a residential tenant directly to the landlord or utility provider; or (ii) directly to the residential tenant.

Section 5-15. Federal Emergency Rental Assistance program.

(a) Any department or agency of the State eligible to receive a direct federal allocation and charged with disbursing allocated funds and administering the federal program shall do so in accordance with federal and State law.

(b) Consistent with federal law, any State agency administering this program shall create a process to provide rental assistance directly to eligible renters and to obviate or minimize the necessity of lessor or utility provider participation in submitting the application when the lessor or utility provider: (i) refuses to accept a direct payment; or (ii) fails to complete an application for assistance.

(c) Consistent with federal law, any State agency administering this program shall provide program recipients with relief payments in an amount based on stated need rather than on a flat or fixed amount. An eligible household's stated need may include, but is not limited to, the amount of arrears owed to a lessor, utility provider, or both, or future rental payments based on monthly rent.

(d) Consistent with federal law, nothing in this Act shall be construed as precluding the administering State agency from capping or setting a limit on the amount of emergency rental payments made on behalf of any single household. The administering State agency may adopt additional eligibility criteria, application procedures, and program rules necessary to administer the program in conformity with the priorities and public policies expressed within this Act.

(e) Consistent with federal law, the administering State agency shall not disqualify an eligible household based on application for or receipt of other permissible assistance.

(f) Notwithstanding any federal or State law to the contrary, the administering State agency shall not, for purposes of determining program eligibility, require a written lease or any type of documentation relating to any household member's immigration status. The administering State agency may accept a demand for rent letter, ledger or statement containing the outstanding balance, termination notice, or other alternative form of documentation containing or showing the amount of rental or utility arrears owed.

(g) A landlord, lessor, or utility provider that accepts Emergency Rental Assistance payments from the administering State agency or tenant pursuant to this program inherently agrees to: (i) waive any and all late fees, charges, assessments, or other costs incurred as a result of rental or utility arrears, or both; (ii) forgo termination of a tenancy pursuant to Section 9-207 of the Code of Civil Procedure for the period covered by the amount of the Emergency Rental Assistance payment; and (iii) abstain from initiating or proceeding a pending eviction action except for a future breach of the lease.

Section 5-20. Accessibility and transparency.

(a) In addition to federal requirements, the administering State agency shall make publicly accessible by publishing on its website any important program information, including, but not limited to, the following:

(1) program application forms for households, lessors, and utility providers, including any joint program application forms;

(2) program eligibility requirements;

(3) the administering State agency's procedures and processes for administering the program;

(4) the administering State agency's procedures and communication methods for notifying program applicants of defective applications due to incompletion, errors, missing information, or any other impediment;

(5) the administering State agency's procedures and methods for applicants to remedy defective applications due to incompletion, errors, missing information, or any other impediment;

(6) all program information and all program data that the administering State agency must report to the federal government pursuant to the federal law, including quarterly reports; and

(7) any other important program information critical to applicants, including renters, lessors, and utility providers, relating to the application requirements and process, eligibility determination, and disbursement of payment.

(b) The administering State agency shall ensure that important program information, including the application and all marketing materials, is language accessible by publishing to its website the same in both English and Spanish.

Section 5-25. Process for further prioritizing applicants for financial assistance and housing stability services. In addition to federal program eligibility and prioritization requirements, the administering State agency shall give further prioritization to an eligible household: (i) located within a disproportionately impacted area based on positive COVID-19 cases; (ii) that has a documented history of housing instability or homelessness; or (iii) that has a significant amount of rental arrears.

Section 5-30. Required notifications and correspondence. The administering State agency shall ensure it communicates clearly with an applicant about the application determination process, including acceptance, status of a pending application, and any reason for denying an application.

(1) The administering State agency shall provide notice to an applicant upon finding that a submitted application is defective or should otherwise be considered ineligible, denied, or rejected.

(2) The notice from the administering State agency shall explain the reason why an applicant's submitted application is defective or should otherwise be considered ineligible, denied, or rejected.

(3) The notice shall contain the necessary information, process, accepted method, and deadline for the applicant to remedy any defective or deficient application, provided that remedy is possible.

(4) All notice and correspondence required to be provided by the administering State agency shall be given promptly and without unnecessary delay to any applicant.

Article 10.

Section 10-5. The Code of Civil Procedure is amended by changing Section 9-121 and by adding Sections 9-122, 9-123, 9-124, 9-125, and 15-1513 as follows:

(735 ILCS 5/9-121)

Sec. 9-121. Sealing of court file.

(a) Definition. As used in this Section, "court file" means the court file created when an eviction action is filed with the court.

(b) The court shall order the sealing of any court file in a residential eviction action if:

(1) the interests of justice in sealing the court file outweigh the public interest in maintaining a public record;

(2) the parties to the eviction action agree to seal the court file;

(3) there was no material violation of the terms of the tenancy by the tenant; or

(4) the case was dismissed with or without prejudice.

Discretionary sealing of court file. The court may order that a court file in an eviction action be placed under seal if the court finds that the plaintiff's action is sufficiently without a basis in fact or law, which may include a lack of jurisdiction, that placing the court file under seal is clearly in the interests of justice, and that those interests are not outweighed by the public's interest in knowing about the record.

(c) Mandatory sealing of court file. The court file relating to an eviction action brought against a tenant under Section 9-207.5 of this Code or as set forth in subdivision (h)(6) of Section 15-1701 of this Code shall be placed under seal.

(d) A sealed court file shall be made available only to the litigants in the case, their counsel or prospective counsel, and public employees responsible for processing the residential eviction action.

(e) Upon motion and order of the court, a sealed court file may be made available for scholarly, educational, journalistic, or governmental purposes only, balancing the interests of the parties and the public in nondisclosure with the interests of the requesting party. Identifying information of the parties shall remain sealed, unless the court determines that release of the information is necessary to fulfill the purpose of the request and the interests of justice so dictate. Nothing in this subsection shall permit the release of a sealed court file or the information contained therein for a commercial purpose.

(f) Except as provided in subsections (c) and (d), any person who disseminates a court file sealed under this Section, or the information contained therein, for commercial purposes shall be liable for a civil penalty of $2,000, or twice the actual and consequential damages sustained, whichever is greater, as well as the costs of the action, including reasonable attorney's fees.

(g) The Attorney General may enforce a violation of this Section as an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. All remedies, penalties, and authority granted to the Attorney General by the Consumer Fraud and Deceptive Business Practices Act shall be available to him or her for the enforcement of this Section.

(Source: P.A. 100-173, eff. 1-1-18.)

(735 ILCS 5/9-122 new)

Sec. 9-122. COVID-19 emergency sealing of court file.

(a) As used in this Section, "COVID-19 emergency and economic recovery period" means the period beginning on March 9, 2020, when the Governor issued the first disaster proclamation for the State to address the circumstances related to COVID-19, and ending on September 30, 2022.

(b) The court file shall be sealed upon the commencement of any residential eviction action during the COVID-19 emergency and economic recovery period. If a residential eviction action filed during the COVID-19 emergency and economic recovery period is pending on the effective date of this Act and is not sealed, the court shall order the sealing of the court file. In accordance with Section 9-121, no sealed court file, sealed under this Section, shall be disseminated.

(735 ILCS 5/9-123 new)

Sec. 9-123. Temporary COVID-19 moratorium on certain residential evictions.

(a) As used in this Section:

"Covered person" means any tenant, lessee, sublessee, or resident of a residential property who provides to his or her landlord, the owner of the residential property, or other person or entity with a legal right to pursue an eviction or possessory action, a declaration under penalty of perjury indicating that:

(1) the individual either: (i) expects to earn no more than $99,000, or no more than $198,000 if filing a joint tax return, in annual income for Calendar Year 2020 or 2021; (ii) was not required to report any income in 2019 or 2020 to the U.S. Internal Revenue Service; or (iii) received an Economic Impact Payment pursuant to Section 2001 of the CARES Act or the Coronavirus Response and Relief Supplemental Appropriations Act of 2021;

(2) the individual is unable to make a full rent or housing payment due to a COVID-19 related hardship;

(3) the individual is using his or her 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 nondiscretionary expenses; and

(4) eviction would likely render the individual homeless or force the individual to move into and live in close quarters in a new congregate or shared living setting because the individual has no other available housing options.

"COVID-19 related financial hardship" means any negative financial impact on an individual or household because of COVID-19 and associated governmental orders, including: loss of income, furlough, hour reduction or other interruption to employment due to workplace, school, and other facility closures; or increased household, child care, health care, or other expenses.

"Declaration", "COVID-19 hardship declaration", or "COVID-19 declaration" means the form declaration made available by the Illinois Housing Development Authority, or a similar declaration under penalty of perjury, that tenants of residential properties who are covered by this Section may use to invoke the protections of this Section.

"Dwelling unit" means a building, structure, or part of a building or structure or land appurtenant to a building or, a unit or lot of a manufactured home as defined in Section 3 of the Mobile Home Landlord and Tenant Rights Act, or other residential real estate used or held out for human habitation, together with all common areas and storage areas held out for use by the resident.

"Eviction" or "to evict" means using any judicial or nonjudicial means to involuntarily remove a residential tenant from a dwelling unit, including, but not limited to:

(1) issuing an eviction notice or other notice to terminate a tenancy;

(2) filing, serving, or other otherwise initiating a judicial eviction action;

(3) prosecuting a pending eviction action, other than as necessary to request a continuance or suspension of the matter or to comply with an order of the tribunal; or

(4) seeking or causing any order for the physical eviction of a residential tenant to be executed.

"Eviction order" or "order of eviction" means any order entered in an eviction that directs or authorizes the removal of a residential tenant from a dwelling unit. "Eviction order" or "order of eviction" does not include an order entered to remove a resident who is the perpetrator of violence in order to protect another resident or tenant from domestic violence, sexual violence, dating violence, or stalking. "Eviction order" or "order of eviction" does not include an order restoring a resident to possession of the dwelling unit.

"Eviction notice" means any notice directing a residential tenant to vacate the dwelling unit or premises or otherwise purporting to terminate a tenancy.

"Landlord" means an owner of record, agent, lessor, sublessor, court-appointed receiver or master, mortgagee in possession, or the successor in interest of any of them of a dwelling unit or the building of which it is a part and any person authorized to exercise any aspect of the management of the premises. "Landlord" includes any person who directly or indirectly receives rents and has no obligation to deliver the whole of the receipts to another person. "Landlord" also includes the owner of a mobile home park.

"Nondiscretionary expenses" include, but are not limited to, food, utilities, phone and internet access, school supplies, cold-weather clothing, medical expenses, childcare, and transportation costs, including car payments and insurance.

"Premises" means the dwelling unit and the building or structure of which it is a part, facilities and appurtenances therein, and grounds, areas, and facilities held out for the use of residents.

"Rental agreement" means every letting or lease, whether by written or verbal agreement, of a dwelling unit or small business commercial premises.

"Residential eviction action" means any judicial or administrative proceeding that seeks recovery of possession of a residential dwelling unit from a tenant, lessee, sublessee, or resident.

"Residential tenant" or "tenant" means a person entitled by written or verbal agreement, subtenancy approved by the landlord, or by sufferance to occupy a dwelling unit to the exclusion of others. "Residential tenant" or "tenant" includes persons referred to as a lessee, sublessee, and members of a tenant's household occupying the dwelling unit.

(b) A landlord or lessor may not commence a residential eviction action pursuant to or arising under this Article against a covered person, as defined in this Section, unless:

(1) the landlord or lessor pleads with specificity that the person poses a direct threat to the health and safety of other tenants or an immediate and severe risk to property; and

(2) the landlord or lessor certifies that he or she:

(i) provided each tenant or other person a COVID-19 Hardship declaration at least 5 days prior to commencement of the residential eviction action including, but not limited to, at least 5 days prior to the issuance of a notice of termination of tenancy; and

(ii) has not received an executed declaration form from the tenant declaring that he or she is a covered person. Service of the declaration shall be in conformity with the requirements of Section 9-211.

(c) A landlord or lessor may not commence a residential eviction action pursuant to or arising under this Article against any tenant, lessee, sublessee, or resident who does not owe rent unless the landlord or lessor pleads with specificity that the person poses a direct threat to the health and safety of other tenants or an immediate and severe risk to property. A tenant shall not be required to provide a declaration if he or she is covered by this Section.

(d) If upon review the court determines that the landlord or lessor fails to meet the requirements set forth in either subsection (b) or (c), the court shall issue an order dismissing the action, without prejudice, and sealing the record if not previously sealed by the court. If the court finds that a landlord or its attorney knowingly filed an action contrary to this Section, the court, in its discretion, may order the case dismissed with prejudice and award attorney's fees, if any, to the tenant.

(e) If, upon review, the court determines that the landlord or lessor properly meets the requirements of either subsection (b) or (c), whichever is applicable, the matter may proceed.

(f) The tenant may serve a completed COVID-19 hardship declaration on a landlord or lessor after the commencement of a residential eviction action pursuant to or arising under this Article. If the tenant serves the completed declaration on the landlord or lessor after the landlord has filed the action, the Court shall stay the eviction proceeding until this Section becomes inoperative.

(g) A landlord shall not file an action based on an allegation of direct threat to health and safety unless the landlord has previously served the tenant with a notice to quit pursuant to Section 9-210. If a landlord files an eviction action based on allegations of direct threat to health and safety, the landlord may file a single count complaint for possession only and shall not join with it a claim for rent pursuant to Section 9-106. This Section does not affect the landlord's ability to claim past due rent in a separate civil action.

(h) When the landlord or lessor provides each tenant with a declaration, the landlord or lessor shall also serve the plain language cover sheet prepared by the Illinois Housing Development Authority. If the landlord or lessor knows that the tenant primarily communicates in a language other than English, the landlord shall serve a version of the form declaration and plain language cover sheet in the language primarily used by the household. The Illinois Housing Development Authority shall prepare and make available on its website the form declaration and plain language cover sheet in English and Spanish through at least October 1, 2021.

(i) All State, county, and local law enforcement officers in the State are instructed to cease enforcement of orders of eviction for residential premises, unless the tenant of the residential property has been found by a court of law to pose a direct threat to the health and safety of other tenants or an immediate and severe risk to property.

(j) Nothing in this Section shall be construed as relieving any individual of the obligation to pay rent or comply with any other obligation that an individual might have pursuant to a lease or rental agreement.

(k) Nothing in this Section shall be construed as a prohibition, limitation, or any other restriction on the Governor's authority pursuant to the Illinois Emergency Management Agency Act.

(l) This Section shall not be construed to preempt any home rule unit ordinance or local court order providing tenants similar protections so long as it is not in conflict and no less restrictive than the provisions provided herein.

(m) This Section is inoperative on and after October 1, 2021.

(735 ILCS 5/9-124 new)

Sec. 9-124. Temporary rebuttable presumption established; COVID-19 related financial hardship.

(a) Notwithstanding any law to the contrary, no court shall enter an eviction order or judgment for possession against a residential tenant, who is suffering from a COVID-19 related financial hardship, for the nonpayment of rent that accrues or becomes due while this Section is operative.

(b) In any residential eviction action brought against a tenant for the nonpayment of rent pursuant to or arising under this Article, after the effective date of this Section until it becomes inoperative, there shall be a presumption that the tenant is suffering from a COVID-19 related financial hardship.

(c) The presumption established under this Section may be rebutted by sufficient evidence presented by the landlord or lessor. In determining whether a tenant or lessee suffered a COVID-19 related financial hardship, the court shall consider, among other relevant factors:

(1) The tenant's or lessee's income prior to the COVID-19 emergency and economic recovery period;

(2) The tenant's or lawful occupant's income during the COVID-19 emergency and economic recovery period;

(3) The tenant's or lawful occupant's liquid assets;

(4) The tenant's or lawful occupant's eligibility for and receipt of:

(i) cash assistance;

(ii) Supplemental Nutrition Assistance Program;

(iii) Supplemental Security Income;

(iv) Low Income Home Energy Assistance Program;

(v) unemployment insurance benefits under State or federal law; or

(vi) emergency rental assistance, including application or receipt of funds, pursuant to State or federal law;

(5) Any declaration, affidavit, or other document that the tenant completed and submitted, under penalty of perjury, to a landlord, court, or other governmental agency or department so as to declare or affirm experiencing a COVID-19 related financial hardship.

(d) This Section is inoperative on and after October 1, 2022.

(735 ILCS 5/9-125 new)

Sec. 9-125. Partial payment during the COVID-19 emergency and economic recovery period.

(a) As used in this Section, "COVID-19 emergency and economic recovery period" means the period beginning on March 9, 2020, when the Governor issued the first disaster proclamation for the State to address the circumstances related to COVID-19, and ending on September 30, 2022.

(b) Notwithstanding Section 9-209, for the duration of the COVID-19 emergency and economic recovery period, acceptance of any amount of rent by a landlord from a tenant with the knowledge of a default for nonpayment by the tenant constitutes a waiver of the landlord's right to terminate the rental agreement for that breach under this Act.

(735 ILCS 5/15-1513 new)

Sec. 15-1513. Temporary COVID-19 stay of certain foreclosure proceedings and filings; consumer protections.

(a) This Section applies to any action to foreclose a mortgage relating to residential real estate which serves as a principal residence for at least one person or is available for rent to serve as the principal residence for at least one person so long as the owner or mortgagor of such property, regardless of how title is held, owns 10 or fewer dwelling units whether directly or indirectly. The 10 or fewer dwelling units may be in more than one property or building as long as the total aggregate number of 10 units includes the primary residence of the natural person requesting such relief and the remaining units are currently occupied by a tenant or are available for rent.

As used in this Section, "residential real property" includes shares assigned to a unit in a residential cooperative. As used in this Section, "residential real property" does not include property that is vacant and abandoned prior to March 9, 2020 and that still remains vacant and abandoned until this Section becomes inoperative.

(b) A hardship declaration shall be made in the following statement, or a substantially equivalent statement in the mortgagor's primary language, in 14-point type, published by the Administrative Office of the Illinois Courts, whether in physical or electronic written form:

"NOTICE TO MORTGAGOR: If you have lost income or had increased costs during the COVID-19 pandemic, and you sign and deliver this hardship declaration form to your mortgage lender or other foreclosing party, you cannot be foreclosed on until at least September 30, 2021.

If your mortgage lender or other foreclosing party provided you with this form, the mortgage lender or other foreclosing party shall also provide you with a mailing address and e-mail address to which you can return this form. If you are already in foreclosure proceedings, you may return this form to the court. You should keep a copy or picture of the signed form for your records. You will still owe any unpaid mortgage payments and lawful fees to your lender. You should also keep careful track of what you have paid and any amount you still owe.

MORTGAGOR'S DECLARATION OF COVID-19-RELATED HARDSHIP

I am the mortgagor of the property at (address of dwelling unit). Including my primary residence, I own, whether directly or indirectly, 10 or fewer residential dwelling units. I am experiencing financial hardship, and I am unable to pay my mortgage in full because of one or more of the following:

1. Significant loss of household income during the COVID-19 pandemic.

2. Increase in necessary out-of-pocket expenses related to performing essential work or related to health impacts during the COVID-19 pandemic.

3. Childcare responsibilities or responsibilities to care for an elderly, disabled, or sick family member during the COVID-19 pandemic have negatively affected my ability or the ability of someone in my household to obtain meaningful employment or earn income or increased my necessary out-of-pocket expenses.

4. Moving expenses and difficulty I have securing alternative housing make it a hardship for me to relocate to another residence during the COVID-19 pandemic.

5. Other circumstances related to the COVID-19 pandemic have negatively affected my ability to obtain meaningful employment or earn income or have significantly reduced my household income or significantly increased my expenses.

6. One or more of my tenants has defaulted on a significant amount of their rent payments since March 1, 2020.

To the extent I have lost household income or had increased expenses, any public assistance, including unemployment insurance, pandemic unemployment assistance, disability insurance, or paid family leave, that I have received since the start of the COVID-19 pandemic does not fully make up for my loss of household income or increased expenses.

I understand that I must comply with all other lawful terms under my mortgage agreement. I further understand that lawful fees, penalties or interest for not having paid my mortgage in full as required by my mortgage agreement may still be charged or collected and may result in a monetary judgment against me. I also understand that my mortgage lender or other foreclosing party may pursue a foreclosure action against me on or after October 1, 2021, if I do not fully repay any missed or partial payments and lawful fees.

Signed:

Printed Name:

Date Signed:

NOTICE: You are signing and submitting this form under penalty of law.

That means it is against the law to make a statement on this form that you know is false."

(c) Any action to foreclose a mortgage pending on the effective date of this amendatory Act of the 101st General Assembly, including actions filed on or before March 9, 2020, or commenced within 30 days of the effective date of this amendatory Act of the 101st General Assembly shall be stayed for at least 60 days, or to such later date that the Administrative Office of the Illinois Courts shall determine is necessary to ensure that courts are prepared to conduct proceedings in compliance with this Section and to give mortgagors an opportunity to submit the hardship declaration pursuant to this Section. The court in each case shall promptly issue an order directing such stay and promptly mail the mortgagor a copy of the hardship declaration in English, and, to the extent practicable, the mortgagor's primary language, if other than English.

(d) The foreclosing party shall include a hardship declaration in 14-point type, with every notice provided to a mortgagor pursuant to Sections 15-1503 and 15-1504.5. If the translation of the hardship declaration in the mortgagor's primary language is not available on the Administrative Office of the Illinois Courts' or Attorney General's public websites, it shall be the foreclosing party's responsibility to obtain a suitable translation of the hardship declaration in the mortgagor's primary language. Such notice shall also include a mailing address, telephone number, and active email address the mortgagor can use to contact the foreclosing party and return the hardship declaration.

(e) If a mortgagor provides a hardship declaration to the foreclosing party or an agent of the foreclosing party, there shall be no initiation of an action to foreclose a mortgage against the mortgagor until at least September 30, 2021, and in such event any specific time limit for the commencement of an action to foreclose a mortgage shall be tolled until October 1, 2021.

(f) All deadlines related to any pending foreclosure proceeding on the effective date of this Section, including the running of any redemption period, is tolled until October 1, 2021.

(g) No court shall accept for filing any action to foreclose a mortgage unless the foreclosing party or an agent of the foreclosing party files an affidavit, under penalty of perjury:

(1) of service demonstrating the manner in which the foreclosing party's agent served a copy of the hardship declaration in English and the mortgagor's primary language, if other than English, with the notice, if any, provided to the mortgagor pursuant to Sections 15-1503 and 15-1504.5; and

(2) attesting that at the time of filing, neither the foreclosing party nor any agent of the foreclosing party has received a hardship declaration from the mortgagor.

At the earliest possible opportunity, the court shall seek confirmation on the record or in writing that the mortgagor has received a copy of the hardship declaration and that the mortgagor has not returned the hardship declaration to the foreclosing party or an agent of the foreclosing party. If the court determines a mortgagor has not received a hardship declaration, then the court shall stay the proceeding for a reasonable period, which shall be no less than 10 business days or any longer period provided by law, to ensure the mortgagor received and fully considered whether to submit the hardship declaration.

(h) In any action to foreclose a mortgage in which a judgment of sale has not been issued, including actions filed on or before March 9, 2020, if the mortgagor provides a hardship declaration to the foreclosing party, the court, or an agent of the foreclosing party or the court, the proceeding shall be stayed until at least October 1, 2021. If such hardship declaration is provided to the foreclosing party or agent of the foreclosing party, such foreclosing party or agent shall promptly file it with the court, advising the court in writing.

(i) In any pending action to foreclose a mortgage in which an order confirming the sale has not been issued prior to the effective date of this Section including actions filed on or before March 9, 2020, the court shall stay the hearing to confirm the sale or issuance of an order confirming the sale at least until the court has held a status conference with the parties so that the court may assess whether the mortgagor has been properly provided with the declaration which, if executed by the borrower, stays the proceedings, including the confirmation of sale, until September 30, 2021.

(k) In any pending action to foreclose a mortgage, if the mortgagor provides a hardship declaration to the foreclosing party, the court, or an agent of the foreclosing party or the court, prior to the issuance of an order confirming the sale, the issuance shall be stayed until at least October 1, 2021. If such hardship declaration is provided to the foreclosing party or agent of the foreclosing party, such foreclosing party or agent shall promptly file it with the court.

(l) The Administrative Office of the Illinois Courts shall translate the hardship declaration under subsection (b) into Spanish, and shall post and maintain such translations and an English language copy of the hardship declaration on the website of the Administrative Office of the Illinois Courts beginning within 15 days of the effective date of this Section.

(m) Notwithstanding any law to the contrary, lending institutions shall not discriminate in the determination of whether credit should be extended to any owner of residential real property because such owner has been granted a stay of mortgage foreclosure proceedings, or that an owner of residential real property is currently in arrears and has filed a hardship declaration with such lender or a court.

(n) Notwithstanding any law to the contrary, the granting of a stay of mortgage foreclosure proceedings, or that an owner of residential real property is currently in arrears and has filed a hardship declaration with his or her lender shall not be negatively reported to any credit reporting agency.

(o) If any clause, sentence, paragraph, section, or part of this Section shall be adjudged by any court of competent jurisdiction to be invalid and after exhaustion of all further judicial review, the judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, or part of this Section directly involved in the controversy in which the judgment shall have been rendered.

Section 10-10. The Condominium Property Act is amended by adding Section 36 as follows:

(765 ILCS 605/36 new)

Sec. 36. Restriction on remedies for failure to pay assessments or rent.

(a) Notwithstanding any provision of this Act or any other provision of law, the board of managers of a condominium association may not:

(1) impose charges or levy fines against any unit owner who fails to make any payment of the common expenses when due;

(2) record a lien against the property interest of a unit owner who fails to make any payment of the common expenses when due; or

(3) evict a homeowner or residential tenant for a COVID-19 related financial hardship, as defined in Section 9-123 of the Code of Civil Procedure.

(b) This Section is repealed on October 1, 2021.

Section 10-15. The Consumer Fraud and Deceptive Business Practices Act is amended by changing Section 2Z as follows:

(815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)

Sec. 2Z. Violations of other Acts. Any person who knowingly violates the Automotive Repair Act, the Automotive Collision Repair Act, the Home Repair and Remodeling Act, the Dance Studio Act, the Physical Fitness Services Act, the Hearing Instrument Consumer Protection Act, the Illinois Union Label Act, the Installment Sales Contract Act, the Job Referral and Job Listing Services Consumer Protection Act, the Travel Promotion Consumer Protection Act, the Credit Services Organizations Act, the Automatic Telephone Dialers Act, the Pay-Per-Call Services Consumer Protection Act, the Telephone Solicitations Act, the Illinois Funeral or Burial Funds Act, the Cemetery Oversight Act, the Cemetery Care Act, the Safe and Hygienic Bed Act, the Illinois Pre-Need Cemetery Sales Act, the High Risk Home Loan Act, the Payday Loan Reform Act, the Mortgage Rescue Fraud Act, subsection (a) or (b) of Section 3-10 of the Cigarette Tax Act, subsection (a) or (b) of Section 3-10 of the Cigarette Use Tax Act, the Electronic Mail Act, the Internet Caller Identification Act, paragraph (6) of subsection (k) of Section 6-305 of the Illinois Vehicle Code, Section 11-1431, 18d-115, 18d-120, 18d-125, 18d-135, 18d-150, or 18d-153 of the Illinois Vehicle Code, Article 3 of the Residential Real Property Disclosure Act, the Automatic Contract Renewal Act, the Reverse Mortgage Act, Section 25 of the Youth Mental Health Protection Act, Section 9-121 of the Code of Civil Procedure, the Personal Information Protection Act, or the Student Online Personal Protection Act commits an unlawful practice within the meaning of this Act.

(Source: P.A. 99-331, eff. 1-1-16; 99-411, eff. 1-1-16; 99-642, eff. 7-28-16; 100-315, eff. 8-24-17; 100-416, eff. 1-1-18; 100-863, eff. 8-14-18.)

Article 99.

Section 99-99. Effective date. The provisions adding Section 9-124 to the Code of Civil Procedure take effect October 1, 2021. This Section and the provisions adding Section 15-1513 to the Code of Civil Procedure take effect upon becoming law.".