CHICAGO (AP) – The Illinois Rental Property Owners Association is supporting a lawsuit filed by its members JL Properties Group, Mark Dauenbaugh and Steven Cole, challenging Governor Pritzker’s legal authority to deny housing providers access to the courts.
The lawsuit claims the governor’s moratorium on evictions essentially ties the hands of housing providers to enforce their lease agreements.
The association said while they agree with the Governor’s intent of protecting renters affected by COVID-19, the moratorium also applies to people who are not affected by COVID-19 and choosing not to pay their rent.
They added the moratorium limits a housing provider’s ability to address lease violations that are related to behavior and not COVID-19.
According to the association, its members have been waiving late fees, offering payment plans, and directing tenants to resources for rental assistance, but members need access to the courts for those tenants who have been unresponsive or are violating leases in ways unrelated to COVID-19.
In addition, they said small mom-and-pop landlords, who make up the majority of their members, cannot go without income for over five months when sole proprietors have not been receiving assistance from COVID-19 programs to compensate for the lost income.