CAPITOL RECAP: Eviction moratorium to end Oct. 3

SPRINGFIELD – The state’s moratorium on enforcement of residential evictions will expire on Oct. 3, according to Gov. JB Pritzker’s latest COVID-19 executive order issued Friday.

Pritzker had extended the order each month with minor to substantial revisions since March 2020. The extensions have come in 30-day windows, coinciding with his monthly reissuance of a disaster proclamation in response to the pandemic.

The most recent iteration of the moratorium, which will expire Oct. 3, allows for court proceedings but prevents law enforcement from carrying out an eviction. It also allows for evictions in health and safety circumstances, and for “uncovered persons,” which include those who refuse to fill out paperwork for assistance, who can’t prove loss of income from COVID-19 or who earn more than $99,000 individually or $198,000 as a joint-filing household.

In a statement, Pritzker’s office pointed out that Illinois remains one of the top states in distributing emergency rental assistance funding from the federal government. Illinois has distributed almost $330 million of $630 million allotted, placing it sixth out of all states, according to a database maintained by the National Low Income Housing Coalition.

A state Supreme Court order preventing certain judgments in covered eviction cases was extended Tuesday to Oct. 3 as well, coinciding with the governor's order.

Last week, the Supreme Court announced a court-based rental relief program received $60 million in funding to provide a “safety net for litigants who are on the brink of eviction,” according to the court. That program is available outside of Cook County, which is expected to launch its own court-based assistance program sometime in October.

Per the latest Supreme Court order, any summons in an eviction case must be accompanied by a form informing the tenant and landlord of the court-based program. It includes information on the program, what documentation is needed and the web address for the court-based aid, ilrpp.ihda.org. The Illinois Housing Development Authority call center can be reached at 866-454-3571.

Those who have lost income due to COVID-19 may be eligible for up to 12 months of past due rent and three months of future rent to prevent eviction, per the program. The check would be paid directly to the landlord, who would be required to agree not to evict the tenant for nonpayment of the rent that is repaid.

Assistance may also still be available in certain areas through the Illinois Department of Human Services and the Illinois Housing Development Authority, the two state agencies overseeing disbursement of federal funding, at https://www.illinoisrentalassistance.org/providers.

Free legal assistance may be accessed through Eviction Help Illinois by visiting evictionhelpillinois.org or calling 855-631-0811.

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SUPREME COURT DEFAMATION CASE: A case before the Illinois Supreme Court centers on whether a former Super Bowl MVP has a right to learn the identity of a woman who accused him of sexual harassment, allegedly leading to the termination of contracts between his energy services company and a subsidiary of Exelon Corporation.

Richard Dent, a Pro Football Hall-of-Famer and Chicago Bears defensive lineman from 1983 to 1993, is the proprietor of RLD Resources LLC, a business specializing in energy products and services, according to its website. RLD had several energy supply and marketing contracts with Constellation NewEnergy Inc. and related companies, according to court documents. Constellation is a subsidiary of Exelon.

But Dent’s lawyers alleged that those contracts were terminated on Oct. 1, 2018, after Dent was informed in a Sept. 14, 2018, meeting with two of Constellation’s lawyers that he was the subject of a sexual harassment complaint by a female employee of Constellation.

A letter sent from Constellation to Dent’s lawyers in December 2018 concluded that “although Mr. Dent denied the allegations, his denials were not credible and the investigation concluded that the reports accurately described behaviors that were, at a minimum, in violation of Exelon's code of business conduct, completely outside the norms of socially acceptable behavior, and demeaning to Constellation employees.”

Now, the court is asked to decide whether the employee – identified in Dent’s court petition as Person A – and a witness to separate “drunk and disorderly” conduct by Dent at a different location than where the alleged harassment occurred – identified as Person B – are protected by the court principle of “qualified privilege,” allowing for their anonymity in a sexual harassment case.

Dent’s lawyers argued that he’s entitled to know the identities and locations of Person A and Person B through the pre-suit discovery process because their statements were false and defamatory. The individuals, not Constellation, are the publishers of the defamatory claims, his lawyers argued.

Constellation’s lawyers argued the employees should remain anonymous because their statements were made as part of a privileged confidential workplace investigation of sexual harassment. 

Dent’s petition is also seeking the identity of Person C, which his legal team identified in the court filing as an “investigator” examining the harassment claims on behalf of Constellation.

The case started in 2019 in Cook County Circuit Court, which sided with Constellation. But the 1st District Court of Appeals sided with Dent, which led Constellation’s legal team to bring the challenge to the Supreme Court.

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SUPREME COURT FOID CASE: The Illinois Supreme Court is being asked to consider the laws of the state of California and the U.S. Constitution in ruling on one man’s eligibility to be issued a Firearm Owners Identification card by the Illinois State Police.

The high court heard oral arguments Thursday, Sept. 16, in Springfield in Thomas Brown v. the Illinois State Police.

Brown was a FOID cardholder for several years, most recently applying for and being granted renewal in 2013. But in 2016, he tried to purchase a gun at a federal firearm licensee, leading the Illinois State Police to conduct a background check. That unearthed a 2001 conviction in California on a “misdemeanor offense of inflicting corporal injury on a spouse” that he did not disclose on his FOID application, according to a filing before the Supreme Court.

The conviction ultimately qualified as a misdemeanor crime of domestic violence, prohibiting Brown from possessing a firearm under federal law. Because Illinois’ FOID Act states that a card may not be issued “contrary to federal law,” the State Police revoked his card upon the failed background check. 

Federal law does, however, allow exceptions for gun ownership if a person convicted of a domestic violence misdemeanor has had their “civil rights restored” in the jurisdiction that convicted them – in this case, California. 

Brown’s legal team specifically noted that California only penalizes gun possession for 10 years following a misdemeanor conviction. That means, they argue, Brown had his civil rights restored under California law in 2011, qualifying him for the federal exception which would in turn qualify him for a FOID card.

But Katelin Buell, a lawyer for the attorney general’s office which represents the Illinois State Police, said California’s 10-year window is “a matter of forbearance, not forgiveness.”

If the Supreme Court does not determine that the California law equates to a restoration of civil rights, Brown’s lawyers have asked it to consider the case through the lens of the U.S. Constitution.

Specifically, Brown’s team asserted that requiring a person who “poses no risk to the general public” to successfully seek a pardon for a misdemeanor before they can own a firearm is an unconstitutional “perpetual ban” on gun ownership.

But the state also argued the Supreme Court can avoid the constitutional question altogether by applying the legal principles of the FOID Act, which says ISP can deny a FOID if issuing it would be against the public interest.

In court documents, the state cited Brown’s 2001 arrest, a 2005 DUI conviction in Bureau County, a 2005 arrest for battery in LaSalle County that did not lead to criminal charges, and a 1997 conviction for misdemeanor assault that occurred when he was a minor.

Even considering that, Buell said, Brown omitted the 2001 conviction from his FOID application, which is reason enough for a denial.

Capitol News Illinois is a nonprofit, nonpartisan news service covering state government and distributed to more than 400 newspapers statewide. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation.