Illinois Eviction Moratorium Safe… For Now

Hot off the presses! The eviction moratorium is safe for now, on the narrowest possible ground in the appellate court.

In sum, the Circuit Court judge denied the landlord’s motion for a preliminary injunction, finding the balancing of the equities favored the governor. The participation of 29 legal aid organizations that represent tenants as amici (CVLS included) were instrumental in that finding. The appellate court also noted our involvement (albeit briefly) and found the trial court did not abuse his discretion in denying the injunction, on the balance of the equities finding only. The appellate court did not reach the merits on any substantive issue, at all. The remaining portions of the appeal are dismissed on a technical issue, for lack of appellate jurisdiction under R 304(a). So does the governor have the authority to issue an eviction moratorium? Who knows…

Congrats and thank you to everyone who worked on that amicus brief, and to all the organizations who signed on. Special thanks is due to Sarah Megan of Prairie State, who led the effort in court. Thank you Sarah!

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