Third Judicial Circuit Chief Judge William Mudge issued an administrative order Aug. 24 indicating that in order to proceed with residential eviction proceedings in Madison County, the case must qualify as an "exception" under restrictions provided in Gov. JB Pritzker's latest executive order.
In particular, a person or entity may not start a residential eviction action "unless a tenant poses a direct threat to the health and safety of other tenants, an immediate and severe risk to property or a violation of any applicable building code, health ordinance or similar regulation," according to Mudge's order.
Further, it says that all state, county and local law enforcement officers in Illinois are instructed to cease enforcement of orders of eviction for residential premises, "unless a tenant poses a direct threat to the health and safety of other tenants, an immediate and severe risk to property or a violation of any applicable building code, health ordinance or similar regulation."
"Nothing in this Executive Order shall be construed as relieving any individual of the obligation to pay rent, to make mortgage payments, or comply with any other obligation that an individual may have pursuant to a lease, rental agreement or mortgage," the order says.
Petitioners seeking a setting under the exception must file an amended or initial complaint identifying the case as an "emergency eviction" and set forth in detail the facts supporting the exception. A presiding judge assigned to eviction proceedings would then review for special setting.