The Illinois Housing Development Authority has recently opened a new court-based rental assistance program. This program can be advantageous to both landlords and tenants if the parties are willing to continue working together through the process of eviction. Under the program, where an active eviction case exists, the program may award a tenant up to $15,000 in back rent. As a part of this award, the program can also award up 2 months rent in the future and $500 towards court costs.

It’s important to note that while the maximum award is $15,000, the amount is based entirely on the amount the tenant owes at the time funds are disbursed, as well as the potential amount for 2 months of future rent if the tenant owes less than the full award amount. Once a tenant fills out their application, the landlord is emailed asking to fill out an application as well. The application is relatively straight forward and just requires the landlord have its documentation as to a lease, ledger, as well as the file stamped Court Complaint and Summons. This is because only active eviction cases are eligible for the funding from this program. Landlords will also want to be sure to save their receipt for filing fees as the application process will request that if the landlord is seeking a reimbursement on court costs.

This applies to any active eviction case as well as new cases filed for the foreseeable future. However, it is not clear how long the funding will last, so if you have a tenant in arrears that you’d like to get paid on, and are willing to work with the tenant as they are not a problem outside of the non-payment issue, it can be a great tool for a savvy landlord to see payment come in on an otherwise struggling income property. Additionally, if the tenant does not qualify for assistance for any reason, you’ll be already be in line in eviction court so you can proceed forward towards a final eviction order along with recovery of the rental property.

Attorney John Norkus is Of Counsel to DeBlasio Law Group and serves the firm on select client engagements.  Mr. Norkus has been practicing law for over 10 years, primarily focusing on real estate issues, both through litigation and transactional matters, as well as working with small businesses on a variety of litigation-related issues that may appear in their day-to-day operations.  For information on scheduling a consultation, call DeBlasio Law Group at (630) 560.1123, or you may reach us through our firm’s website at www.DGLLC.net/contact.

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The Court granted the TRO to prevent the demolition and destruction of the leased property and also awarded mandatory injunctive relief directing the landlord to restore the keypad codes to the building entrances to ensure our client’s right of access to, and quiet use and enjoyment of, the leased office premises, which were critical to its business operations.

Attorney Antonio DeBlasio has been selected by Super Lawyers® in 2008 and in each year from 2014 through 2025.  No more than 5% of Illinois attorneys receive this distinction.  Mr. DeBlasio has over 30 years of experience as an Illinois attorney, representing businesses, individuals, employees, employers, estates and beneficiaries of estates in Illinois.  To reach Mr. DeBlasio, you may call (630) 560-1124.  For more information on the firm, visit www.DGLLC.net.

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For example, if you are obtain a judgment against a former employer (e.g., company) for past due wages or commissions and you serve a citation on the company, the company generally cannot pay anyone before the company pays you first.

So in this example, the company cannot use any of its money to pay for its rent, or the wages of its current employees, before the company pays you.

The attorneys at our firm used the citation tool against a company that owed our client over $3 million.  That company could not pay its employees payroll without satisfying our judgment first.

Citation can also be used by commercial landlords and residential landlords in eviction cases.  Often times, when the landlord gets an eviction order, the court will give the tenant time to move out.   And most tenants know how to “play the game” to buy as much time as possible before they have to vacate the premises.

But a savvy landlord that obtains an eviction order and a money judgment against a tenant can perhaps force the clock to move more quickly by serving the tenant with a citation to discover assets.  Once the citation is served, it acts as a lien on the tenant’s assets and likely will force the tenant to cut a deal on the past due rent along with an agreement to voluntarily move out of the property long before he or she is required to.  The reason?  The tenant wants that lien released as soon as possible and the shrewd landlord will be glad to do so after the tenant vacates the property and pays some or all of the past due rent.

Our law firm used this strategy for a commercial landlord who obtained an eviction order and money judgment against a dry cleaning business tenant that was still operating its business.  As soon as we served the citation to discover assets on the dry cleaner, he vacated the premises many days before he was required to under the eviction order.

The lawyers at DeBlasio Law Group have the experience you need to face the most difficult challenges in court, including the DuPage County Courthouse located in Wheaton, Illinois, the federal and state courts in Chicago and other collar counties.  Strategically located in Oakbrook Terrace, Illinois, our office is minutes from all courts in the Chicagoland area and surrounding collar counties.  Call us for a consultation on any business related litigation matter at 630.560.1123.  www.DGLLC.net.

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