Filed Complaint Eviction Moratorium

Andrea Lynn Chasteen
Will County Circuit Clerk

Twelfth Judicial Circuit Court
Electronically Filed
20CH601
Filed Date: 6/23/2020 7:32 PM
2195-1 Envelope: 9565216
Clerk: JH
IN THE TWELFTH JUDICIAL CIRCUIT COURT

WILL COUNTY, ILLINOIS CHANCERY DIVISION
JL Properties Group B LLC, Mark

Dauenbaugh, and Steven Cole, not
individually, but as Trustee of the ALI
(401K) Trust FBO Steven Cole,
Case No. 20CH601
Plaintiffs,
-vs-
Jay Robert “J..B.” Pritzker, the

Governor of Illinois, not individually,
but in his executive capacity,
Defendant.
VERIFIED COMPLAINT FOR

DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF
Plaintiffs, JL Properties Group B LLC, Mark Dauenbaugh, and Steven Cole, not
individually but as Trustee of the ALI (401 K) FBO Steven Cole, (“Plaintiffs”) by and through
their attorneys, Noonan & Lieberman, Ltd. and Jeffrey Grant Brown, P.C., seek a declaratory
judgment and a preliminary and permanent injunction barring the enforcement of portions of the
Illinois Governor’s COVID-19 Executive Orders which have imposed a moratorium on the
commencement of residential evictions; barring the enforcement of portions of the Illinois
Governor’s COVID-19 Executive Orders which have imposed a moratorium on enforcing
residential and nonresidential orders of possession entered in actions currently pending in the
circuit courts of this state; and permanently enjoining the Governor from issuing, re-issuing or
extending any moratoria on the commencement of residential evictions and the enforcement of
10/13/2020 9:00
residential and nonresidential orders possession that have been entered in the circuit courts of
this state. In support, Plaintiffs state as follows:
INTRODUCTION
1. The global COVID-19 pandemic (“Pandemic”) brought on by the 2019 Novel
Coronavirus has caused catastrophic and unprecedented economic damage across the globe, and
with it, significant loss of life and fundamental change to both world and national economies.
The Pandemic has turned the world upside-down, causing profound damage to the lives of all
Americans and to the national economy. To be sure, State and U.S. officials have faced
tremendous adversity in planning, coordinating, and at times, executing effective nationwide and
statewide policies to protect the general public’s health, safety and welfare during this time of
crisis.
2. In response, Illinois Governor Jay Pritzker, acting under the authority given to
him by the Illinois legislature pursuant to The Illinois Emergency Management Agency Act (20
ILCS 3305, et seq.) “to adequately deal with any disasters, preserve the lives and property of the
people of this State and protect the public peace, health, and safety in the event of a disaster” has
issued a number of Executive Orders addressing the Pandemic and curtailing various rights,
movement and activities heretofore enjoyed by Illinois citizens. Among the rights curtailed were
the rights of landlords to commence residential eviction actions and to enforce residential and
nonresidential orders of possession they obtained prior to issuance of the Executive Orders.
3. The portions of Governor Pritzker’s Executive Orders prohibiting the
commencement of residential evictions, and the enforcement of residential and nonresidential
orders of possession, as well-intentioned as they may be, have had an unlawful and
disproportionate impact on landlords, including Plaintiffs, to the point of jeopardizing their
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businesses and livelihoods. Protecting economically needy citizens such as tenants, who the
relevant portion of the Executive Orders were intended to protect, is sound and proper policy.
But compelled subsidization by landlords is an improper and unconstitutional method of solving
that problem.
4. This case goes to the heart of our constitutional, tripartite form of government and
the separation of powers. This case focuses on whether the Illinois Governor can rely on his own
declared public-health emergency to assume authority the legislature never granted, to waive or
amend provisions in private contracts, to override and amend explicit statutory provisions as he
chooses in his sole discretion, and to usurp powers belonging to the legislative and judicial
branches of this state. In issuing the Executive Orders barring evictions and the enforcement of
residential and nonresidential orders of possession previously entered, the Governor exceeded
his statutory authority and the portions of those orders addressing evictions violate the Illinois
Constitution.
PARTIES
5. Plaintiff, JL Properties Group B LLC is an Illinois Limited Liability Company,
and is a landlord of real property in Will County, Illinois.
6. Plaintiff, Mark Dauenbaugh, is an individual landlord of real property in
Winnebago County, Illinois.
7. Plaintiff, Steven Cole, not individually is the Trustee of the ALI (401 K) Trust
FBO Steven Cole is the landlord of a real property owned by the Trust in Will County, Illinois.
8. Defendant Governor Jay Robert “J. B.” Pritzker is the Governor of Illinois (the
“Governor”). He is sued not individually, but in his official capacity as Governor.
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FACTS COMMON TO ALL COUNTS
The Plaintiffs
9. JL Properties Group B LLC (“JL”) is the owner and landlord for a single family
residential property in that portion of Bolingbrook, Illinois, a Village located in Will County,
Illinois.
10. On January 1, 2020, JL entered into a lease agreement with a tenant for the
property described in paragraph 1 above. The rental rate was $1350 per month. The tenant
became delinquent in March of 2020, and currently owes $450 for March rent and rent for April,
May, and June, 2020, for a total of $4500.00. Exhibit A. (Lease redacted as to information
regarding the tenants and identification of the specific property where they reside).
11. Mark Dauenbaugh is the owner and landlord for a multi-unit residential property
in Rockford Illinois, a City located in Winnebago County, Illinois.
12. On November 1, 2019, Dauenbaugh entered into a lease with tenants for one of
the units in the property described in paragraph 3, at a monthly rental rate of $425.00. The
tenants became delinquent on their rent in February, 2020 and currently owe $30.00 for
February, 2020 rent and the full amount of the monthly rent for March, April, May and June,
2020, a total of $1730.00; see, Group Exhibit B, p.4. (Lease redacted as to information regarding
the tenants and identification of the specific property where they reside).
13. As of the date of filing this Complaint, the tenants residing in both Plaintiffs JL
and Dauenbaugh’s properties continue to occupy the respective properties and remain delinquent
on their rent payments.
14. As of the date of filing this Complaint, both Plaintiffs JL and Dauenbaugh are
prohibited from commencing a proceeding for eviction of their respective tenants to recover the
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rent due and owing because of the Governor’s Disaster Proclamations and Executive Orders
described below barring commencement of eviction actions.
15. The ALI (401 K) Trust FBO Steven Cole, (“Cole”) is the owner of a residential
property located in University Park, Illinois, a Village in Will County, Illinois. Steven Cole is
the Trustee for the Trust and the landlord.
16. On March 6, 2020, Cole obtained an order of eviction (“Eviction Order”) against
the known and unknown occupants in the University Park, Illinois residential property. Exhibit
C, Will County Circuit Court Order. (case number, tenant information and property information
redacted).
17. Under terms of the Eviction Order, the subject of the order and any unknown
occupants, were to vacate the property on or before March 13, 2020.
18. On March 9, 2020, the Governor issued Executive Order EO 2020-10, instructing
all state, county, and local law enforcement officers in the State of Illinois to cease enforcement
of orders of eviction for residential premises for the duration of the Gubernatorial Disaster
Proclamation. EO 2020-10.
19. As of the date of the filing of this Complaint, the individual subject to the
Eviction Order continues to occupy the property.
20 As of the date of filing of this Complaint, Cole remains unable to enforce the
Eviction Order lawfully obtained in state court.
21. An actual controversy exists between Plaintiffs and Defendant, caused by the
issuance and implementation of portions of the Executive Orders described below barring
commencement and enforcement of evictions and barring evictions and the enforcement of
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residential and nonresidential orders of possession previously entered, and there is no other
available remedy at law.
Restore Illinois Plan
22. “Restore Illinois” is the Executive Branch’s plan for reopening the State of
Illinois as the need for restrictions on commerce and social behavior imposed under the
Governor’s Disaster Proclamations and Executive Orders due to the Pandemic are reduced (the
“Plan”). Exhibit D, Restore Illinois Plan.
23. Under the Plan, the State is divided into four quadrants. There are five phases for
the activity allowed to take place in each quadrant. Progression into a new, less restrictive phase
which allows a broader range of activities is based on health metrics assessed by the Illinois
Department of Public Health. Id.
24. As of the date of filing this complaint, all regions of the state are in Phase 3 of the
Plan, Recovery, in which the rate of COVID-19 infection is stable or declining, and select
industries and retail establishments are allowed to reopen suspect to certain restrictions. On or
about June 26, 2020, the state is prepared to move into Phase 4, Revitalization, in which the rate
of infection continues to descend, and hospitals have capacity and can quickly adapt, and among
other services, schools and child care facilities can reopen.
https://www.nbcchicago.com/news/local/all-4-regions-in-illinois-on-track-to-enter-phase-4-next-
week-pritzker-says/2291864/.
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Illinois Emergency Management Agency Act 20 ILCS 3305 et. seq.
25. Prior to March 9, 2020, there existed in Illinois a certain law entitled The Illinois
Emergency Management Agency Act (the “Act”) (20 ILCS 3305, et seq.). Section 2 of the Act is
captioned “Policy and Purposes” and provides that “to adequately deal with any disasters,
preserve the lives and property of the people of this State and protect the public peace, health,
and safety in the event of a disaster, it is found and declared to be necessary” to confer upon the
Governor certain powers provided in the Act.
26. Section 7 of the Act captioned “Powers of the Governor” provides that “[i]n the
event of a disaster, as defined in Section 4, the Governor may, by proclamation, declare that a
disaster exists.” Upon such proclamation, the Governor shall have and may exercise for a period
not to exceed 30 days the following emergency powers.” Those include the power:
(1) To suspend the provisions of any regulatory statute prescribing procedures for
conduct of State business, or the orders, rules and regulations of any State agency,
if strict compliance with the provisions of any statute, order, rule, or regulation
would in any way prevent, hinder or delay necessary action, including emergency
purchases, by the Illinois Emergency Management Agency, in coping with the
disaster.
(2) To utilize all available resources of the State government as reasonably

necessary to cope with the disaster and of each political subdivision of the State.
(3) To transfer the direction, personnel or functions of State departments and

agencies or units thereof for the purpose of performing or facilitating disaster
response and recovery programs.
(4) On behalf of this State to take possession of, and to acquire full title or a lesser
specified interest in, any personal property as may be necessary to accomplish the
objectives set forth in Section 2 of this Act ***and to take possession of and for a
limited period occupy and use any real estate necessary to accomplish those
objectives; but only upon the undertaking by the State to pay just compensation
therefor as in this Act provided, and then only under the following provisions ***.
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***
(8) To control ingress and egress to and from a disaster area, the movement of
persons within the area, and the occupancy of premises therein.
(9) To suspend or limit the sale, dispensing, or transportation of alcoholic

beverages, firearms, explosives, and combustibles.
***
(12) Control, restrict, and regulate by rationing, freezing, use of quotas,

prohibitions on shipments, price fixing, allocation or other means, the use, sale or
distribution of food, feed, fuel, clothing and other commodities, materials, goods,
or services; and perform and exercise any other functions, powers, and duties as
may be necessary to promote and secure the safety and protection of the civilian
population.
20 ILCS 3305/7.
Disaster Proclamations
27. On March 9, 2020, due to the threat of COVID-19, “a novel severe acute
respiratory illness that can spread among people,” Governor Pritzker issued a Gubernatorial
Disaster Proclamation in which he declared all counties in the State of Illinois a disaster area
pursuant to Section 7 of the Act. See, March 9, 2020 Disaster Proclamation, (“First
Proclamation”). This First Proclamation remained in effect for 30 days. Group Exhibit E,
Disaster Proclamations.
28. Based in part on the rising number of COVID-19 cases, on April 1, 2020, the
Governor issued a second Gubernatorial Disaster Proclamation finding a “continuing disaster
exists” (based upon the same COVID-19 pandemic) and declaring all counties a disaster area
(the “Second Proclamation”). The Second Proclamation also declared that it remained in effect
for 30 days.
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29. Based in part on the fact that the State’s modeling, “… shows that its health care
resources utilization will not peak until May and resources will continue to be limited after the
peak…”, and that without a “stay at home” order 100,000 hospital beds, 25,000 ICU beds, and
upwards of 100,000 ventilators would be necessary, and the number of deaths in the state would
be 10 to 20 times higher than with a “stay at home” order, on April 30, 2020, the Governor
issued a third Gubernatorial Disaster Proclamation, for all counties, which remained in effect for
30 days (the “Third Proclamation”).
30. On May 29, 2020, the Governor issued a fourth Gubernatorial Disaster
Proclamation, for all counties (the “Fourth Proclamation”). The Fourth Proclamation is based in
part on the fact that the number of COVID-19 cases continued to increase, and the peak health
care resource utilization which was anticipated in May had not occurred. The Fourth
Proclamation notes that the R₀, the number of cases that an infectious person will cause during
their infection, “has improved based on the State’s emergency measures, including most
importantly, the “stay at home” order.” This is the only reference to the “stay at home” order in
the Fourth Proclamation. The proclamation remains in effect by its terms for 30 days, expiring
on June 27, 2020.
Executive Orders
31. On March 20, 2020, citing sections 7(1), 7(2), 7(8), 7(10), and 7(12) of the Illinois
Emergency Management Agency Act (“the Act”), 20 ILCS 3305/7, the Governor issued
Executive Order 2020-10, COVID-19 Executive Order No. 8, (“EO 2020-10”). EO 2020-10
ordering that all individuals currently living within the State of Illinois stay at home or at their
place of residence except for Essential Activities, Essential Governmental Functions, or to
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operate Essential Businesses. (“Stay at Home Order”). Group Exhibit F, Executive Orders,
specifically EO 2020-10.
32. Citing sections 7(2), (8), and (10), of the Act, the Governor in EO 2020-10 also
instructed all state, county, and local law enforcement officers in the State of Illinois to cease
enforcement of orders of eviction for residential premises for the duration of the Gubernatorial
Disaster Proclamation. Id. The basis for this instruction was that “the enforcement of eviction
orders for residential premises is contrary to the interest of preserving public health and ensuring
that individuals remain in their homes during this public health emergency….” (herein,
“Residential Enforcement Moratorium”) Id. Under EO 2020-10, tenants were not relieved of the
obligation to pay rent, or to comply with any other obligation of their tenancy. Id. EO 2020-10,
Section 2.
33. EO 2020-10 provided that it and the Stay at Home Order would remain in effect
for the remainder of the duration of the Gubernatorial Disaster Proclamation, which at the time
extended through April 7, 2020. Id.
34. On April 1, 2020, citing sections 7(1), 7(2), 7(3), 7(8), 7(9), and 7(12) of the Act,
the Governor issued Executive Order 2020-18, COVID-19 Executive Order No. 16, (“EO 2020-
18”) continuing and extending EO 2020-10, and the Stay at Home Order, through the remainder
of the duration of the Gubernatorial Disaster Proclamations, which at the time extended through
April 30, 2020. Id. EO 2020-18.
35. On April 23, 2020, the Governor issued Executive Order 2020-30, COVID-19
Executive Order No. 28, (“EO 2020-30”) citing sections 7(1), 7(2), 7(8), 7(10), and 7(12) of the
Act, 20 ILCS 3305 extending the Stay at Home Order for thirty days, until May 30, 2020,
pursuant to the Third Proclamation. Id., 2020-30.
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36. Under Section 2 of EO 2020-30, the Governor also mandated that persons were
prohibited from commencing a residential eviction action pursuant to or arising under 735 ILCS
5/9-101 et seq., with limited exceptions (herein, “Residential Eviction Moratorium”). The
Residential Eviction Moratorium was necessary, according to the Governor, because “ *** the
ongoing public health emergency requires further action to prevent the initiation of residential
eviction proceedings; and, *** residential evictions are contrary to the interest of preserving
public health by ensuring that individuals remain in their homes during this public health
emergency. *** ”. Id.
37. EO 2020-30 also provided that the continued need for the directive related to
evictions shall be evaluated upon issuance of any new Gubernatorial Disaster Proclamation. EO
2020-30. Sec. 3. Id.
38. EO 2020-30 also instructed that all state, county, and local law enforcement
officers in the State of Illinois shall cease enforcement of orders of eviction for non-residential
premises for the duration of the Gubernatorial Disaster Proclamation (the “Non-Residential
Enforcement Moratorium”). Id.
39. On April 30, 2020 the Governor issued the Third Gubernatorial Disaster
Proclamation which ran through May 28, 2020. Group Exhibit E. The Third Gubernatorial
Disaster Proclamation does not indicate on its face that the directive related to evictions had been
evaluated and, upon information and belief, the directive had not been evaluated. Id.
40. Nonetheless, on April 30, 2020, citing Article V, Section 8 of the Illinois
Constitution, in addition to sections 7(1), 7(2), 7(3), 7(8), 7(9), and 7(12) of the Act, the
Governor issued Executive Order 2020-32, COVID-19 Executive Order No. 28, (“EO 2020-32”)
revising and expanding the exceptions to the Stay at Home Order. The stated intent of EO 2020-
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32 was ‘…to ensure that the maximum number of people self-isolate in their places of residence
to the maximum extent feasible, while enabling essential services to continue, to slow the spread
of COVID-19 to the greatest extent possible.” Group Exhibit F, 2020-32.
41. On the same date, April 30, 2020, the Governor issued Executive Order 2020-33,
COVID-19 Executive Order No. 32, which amended and reissued Executive Order 2020-30,
(“EO 2020-33”) in its entirety including the Residential Enforcement Moratorium, the Non-
Residential Enforcement Moratorium, and the Residential Eviction Moratorium (collectively
“Moratoria”) and extended them through May 29, 2020. Id. 2020-33.
42. On May 29, 2020 the Governor issued Executive Order 2020-38, “COVID-19
Executive Order No. 26, Restoring Illinois - Protecting Our Communities.” (“EO 2020-38”). The
stated intent of the 2020-38 was to “ *** conscientiously resume activities that were paused as
COVID-19 cases rose exponentially and threatened to overwhelm our healthcare system.” 2020-
38 Sec. 1, “Intent.” EO 2020-38 superseded EO 2020-32. Id. EO 2020-38 did not contain a stay-
at-home requirement, other than urging the elderly and individuals with health conditions that
may make them vulnerable to COVID-19 to stay in their residences. 2020-38 Sec. 2 (c).
(emphasis added). In effect, the Stay at Home Order was not renewed and was effectively lifted.
Id. 2020-38.
43. The Illinois Department of Public Health has acknowledged that as of May 20,
2020 that Stay at Home Order was lifted and no longer in effect. Exhibit G, IDPH Restoring
Illinois Protecting Our Communities FAQs.
44 Despite the lifting of the Stay at Home Order, on the same date, May 29, 2020,
the Governor issued Executive Order 2020-39, COVID-19 Executive Order No. 37, (“EO 2020-
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39”) which amended and reissued Executive Order 2020-30, (EO 2020-30) in its entirety,
including the Moratoria, and extended them through June 27, 2020. Group Exhibit F, 2020- 39
45. In issuing EO 2020-39, the Governor did not reissue or extend the Stay at Home
Orders found in EO 2020-10 and 2020-32. Id.
46. As with the Third Gubernatorial Disaster Proclamation, the Fourth Gubernatorial
Disaster Proclamation issued on through May 29, 2020 did not indicate on its face that the
directive related to evictions had been evaluated and, upon information and belief, the directive
had not in fact been evaluated. Group Exhibit E.
47. On June 17, 2020 the Governor announced that in August of 2020 Illinois will
launch a rental assistance program for renters impacted by the pandemic, and that the “ongoing
residential eviction” ban would be extended through July 31, 2020, “to provide a smooth
transition to the assistance Program.” Exhibit H, June 17 Press Release.
COUNT I
(The Governor does not have the authority to enforce or extend the Moratoria because they
are based upon a public health emergency which no longer exists and the Stay at Home
Order which is no longer in effect)
48. Plaintiff restates and realleges paragraphs 1-47 of the Facts Common to All
Counts as paragraph 48 of Count I.
49. On March 20, 2020, under the authority of EO 2020-10, the Stay at Home Order
was put into effect ordering all individuals currently living within the State of Illinois to stay at
home or at their place of residence except for Essential Activities, Essential Governmental
Functions, or to operate Essential Businesses. The Stay at Home Order was renewed and
extended by EO 2020-18 through the remainder of the duration of the Second Proclamations.
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50. The Moratoria imposed by EO 2020-30, 2020-33 and 2020-39 are based upon the
Stay at Home Order as evidenced by statements such as “ *** residential evictions are contrary
to the interest of preserving public health by ensuring that individuals remain in their homes
during this public health emergency. *** .” EO 2020-30.
51. The provisions of EO 2020-30 continued through the duration of the Third
Proclamation. EO 2020-30 does not indicate that the directive related to evictions had been
evaluated and, upon information and belief, the directive had not been evaluated.
52. On April 30, 2020, the Governor issued EO 2020-32 which revised and created
expanded exceptions to the Stay at Home Order.
53. On the same day, the Governor issued EO 2020-33 where he expressly warranted
that the continued need for the directive related to evictions would be evaluated upon issuance of
any new Gubernatorial Disaster Proclamation. EO 2020-33, Sec. 3.
54. The Third Proclamation expired on May 28, 2020.
55. On May 29, 2020, the Governor issued EO 2020-38, allowing Illinoisans to leave
their homes, but subject only to the requirement that individuals take public health precautions
such wearing a face mask in public, avoiding congregating in large groups, and practicing social
distancing. Critically, EO 2020-38 did not extend the Stay at Home Order. EO2020-38 only
“urges” rather than orders the elderly and vulnerable individuals to stay at home.
56. By loosening the restrictions imposed by the Stay at Home Order in EO 2020-32,
and by not renewing or extending the Stay at Home Order in EO 2020-38, the Governor
effectively lifted the Stay at Home Order as of May 29, 2020.
57. In fact, according to the Illinois Department of Public Health’s website, as of May
29, 2020, the Stay at Home Order is over. Exhibit G.
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58. Moreover, as of the date of filing this complaint, all areas of the State are in phase
3 of the Restore Illinois Plan, “Recovery”, and it is anticipated that the entire State will be
prepared to move into phase 4, “Revitalization”, on June 26, 2020.
https://abc7chicago.com/illinois-reopening-coronavirus-covid-19-cases-deaths/6259834/
59. Because the Stay at Home Order is no longer in effect, the Governor’s extension
of the Moratoria in EO 2020-39, which was based upon the mandate that Illinois citizens shelter
in place, was therefore illegal and the result of ultra vires conduct, the extension is therefore both
void and cannot be further extended.
60. Because the extension of the Moratoria in EO 2020-39 was expressly premised on
the Governor undertaking an evaluation of the need to extend the Moratoria which had not been
reevaluated, rendering the current extension of the Moratoria illegal, and was the result of ultra
vires conduct, the extension is therefore both void and cannot be further extended.
61, Because the Stay at Home Order was predicated on the need to shelter in place,
which need no longer exists, there was no existing legal or public health reason for the Governor
to extend the Moratoria in EO 2020-39 and it therefore cannot be further extended.
62. One or more of the Plaintiffs have been harmed by the extension of the Moratoria
in one or more of the following ways:
A. by the State’s constructive possession of Plaintiffs’ property without the
simultaneous payment of just compensation to the Plaintiffs;
B. by being prohibited and restricted from commencing an eviction action where
their tenants are in breach of the lease for non-payment of rent;
C. by being prohibited and restricted from the right to enforce a valid court order of
possession to restore possession of their property following their successful eviction actions;
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D. by being compelled to provide housing to non-paying tenants without receiving
any remuneration or compensation for doing so;
E. by suffering a violation of their constitutional rights to a civil jury trial, remedy
and justice, due process, equal protection, freedom from unwarranted interference with a private
contract, and to receive just compensation for the taking of their private property; and
PRAYER FOR RELIEF
WHEREFORE: Plaintiffs request that this Court enter an order:
A. Finding that the Stay at Home Order has expired;
B. Finding that the “Residential Eviction Moratorium” as defined above is unenforceable

and no longer in effect, and terminating those portions of the Executive Orders related to
the Eviction Moratorium;
C. Finding the “Residential Enforcement Moratorium” and the “Non-Residential

Enforcement Moratorium” as defined above are unenforceable and no longer in effect,
and terminating those portions of the Executive Orders related to the “Residential
Enforcement Moratorium” and the “Non-Residential Enforcement Moratorium”;
D. Finding that the Governor exceeded his authority in extending the Mortaria once the Stay
at Home Order was no longer in effect;
E. Finding that the Governor exceeded his authority in extending the Mortaria once the
public health emergency upon which the Stay at Home Order was based no longer
existed;
F. Finding that one or more of the Plaintiffs have been subjected to irreparable harm through
the continuation of the Moratoria past the date the Stay at Home Order lapsed;
G. Finding that one or more of Plaintiffs have no adequate remedy at law other than the
issuance of an injunction prohibiting any further enforcement of the Moratoria;
H. Entering a preliminary and permanent injunction barring enforcement of the Moratoria

and those portions of any Executive Orders related to eviction actions and the
enforcement of order of possession;
I. Barring the extension or renewal of the Moratoria, or any portion thereof, past June 27,
2020; and
J. Providing for any other relief that this Court deems appropriate, just and proper.
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COUNT II
(The Eviction Moratorium and its renewal or extension exceeds the Governor’s authority
under the Illinois Emergency Management Agency Act)
63. Plaintiffs restate and reallege paragraphs 1-62, of the Complaint as paragraph 63
of this Count II.
64. In the event of a disaster, the Governor can issue Executive Orders where the
authority to do so is expressly provided under the Act.
65. The Governor does not have implied authority to issue Executive Orders where
the authority to do so is not expressly provided under the Act, and an executive action that goes
beyond the grant of statutory and constitutional authority is invalid.
66. The Governor’s authority to impose the Moratoria issued under EO 2020-10,
2020-18, 2020-30, 2020-33, and 2020-39 is purportedly based on the authority given the
Governor under sections 7(1), 7(2), 7(3), 7(8), 7(9), and 7(12) of the Act.
67. The Moratoria variously prohibit, restrict and interfere with a landlord’s right to
commence an eviction action where their tenants are in breach of the lease for non-payment of
rent and from a landlord’s right to the enforcement of a valid court order of possession to restore
possession of their property following their successful eviction actions.
68. The only relevant sections of the Act the Governor invoked to impose the
Moratoria, are sections 7(8) allowing him “[t]o control ingress and egress to and from a disaster
area, the movement of persons within the area, and the occupancy of premises therein” and the
general police powers granted in 7(12) allowing him to take actions, “necessary to promote and
secure the safety and protection of the civilian population.” See, 20 ILCS 3305/7.
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69. But under the Act, if the action is done “[t]o control ingress and egress to and
from a disaster area, the movement of persons within the area, and the occupancy of premises
therein” or because it is “necessary to promote and secure the safety and protection of the
civilian population”, and also amounts to the constructive possession of real property as the
Moratia goes, the action must also include an undertaking by the State to pay just compensation
as provided for in the Act.
70. The Governor had no authority under the Act to impose the Moratoria without
simultaneously providing for just compensation, and otherwise complying with section 7(4) of
the Act, and therefore the Moratoria are illegal, invalid and ultra vires and therefore void.
71. Alternatively, the Governor had no authority under the Act to impose the
Residential Eviction Moratorium because preventing a landlord from commencing an eviction
action has no effect on, connection to or relation to the control of ingress and egress to and from
a disaster area, the movement of persons within the area, the occupancy of premises therein, or
the promotion of the safety and protection of the civilian population, because the commencement
of an eviction action does not dispossess tenants of their interests in the rental property.
72. Therefore, in the event the court does not find the Residential Enforcement
Moratorium and Non- Residential Enforcement Moratorium illegal, invalid, ultra vires and void,
the Residential Eviction Moratorium is illegal, invalid and ultra vires and therefore void for the
reasons stated in paragraphs 7-9.
73. The purpose of the extension of the Moratoria through July 31, 2020 is to keep
tenants in place until the State is prepared to provide financial assistance which is slated to begin
in August. Any extension related to that purpose is well beyond the scope of the Act, and any
Executive Order providing for a continuance on that basis is void. Exhibit H.
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74. One or more of the Plaintiffs have been harmed by the extension of the one or
more of the Moratoria in one or more of the following ways:
any remuneration or compensation for doing so; and
contract, and to receive just compensation for the taking of their private property.
PRAYER FOR RELIEF
A. Finding that the Governor exceeded his authority under the Act in issuing the
“Residential Eviction Moratorium” as defined above and those portions of the Executive
Orders related to the “Residential Eviction Moratorium”;
B. Finding that the Governor exceeded his authority under the Act in issuing the
“Residential Possession Moratorium” as defined above and those portions of the
Executive Orders related to the “Residential Possession Moratorium”;
C. Finding that the Governor exceeded his authority under the Act in issuing the “Non-
Residential Possession Moratorium” as defined above and those portions of the
Executive Orders related to the “Non-Residential Possession Moratorium”;
D. Finding that the Moratoria as defined above is illegal, invalid and ultra vires and
therefore unenforceable, and terminating the implementation of those portions of any
Executive Orders related to the Moratoria;
19
E. Finding that the Governor violated the Act by constructively taking possession of
Plaintiffs’ property without simultaneously offering to pay just compensation;
F. Finding that one or more of the Plaintiffs have been subjected to irreparable harm
through the issuance of the Moratoria and those portions of the Executive Orders related
to the Moratoria;
issuance of an injunction prohibiting the enforcement of the Moratoria;
H. Enjoining the enforcement and any continuation of the Moratoria; and
I. Providing for any other relief that this Court deems appropriate, just and proper.
COUNT III
(The Moratoria and its renewal or extension are invalid and illegal as they amount to the
constructive possession of Plaintiffs’ property and they did not provide for just
compensation as required by the Act)
74. Plaintiff restates and re-alleges paragraphs 1- 73 of Complaint as paragraph 74 of
this Count III.
75. In the event of a disaster, the Governor can issue Executive Orders where the
authority to do so is expressly provided under the Act.
76. The Governor does not have implied authority and an executive action that goes
beyond the grant of statutory and constitutional authority is invalid.
77. Section 7(4) of the Act authorizes the Governor on behalf of the State to take
possession of and use the real property of any private person for a limited period of time, but
only upon an undertaking by the State to pay just compensation as provided for in the Act. 20
ILCS 3305/7(4).
75. The taking under section 7(4) must be simultaneously accompanied by a signed
statement in writing that, among other things, describes the interest in the property taken. Id. The
20
Governor is also obliged to promptly file a copy of that statement with the Director of the Illinois
Emergency Management Agency. Id.
76. The Moratoria issued under EO 2020-10, 18, 30, 33, and 39 amount to a
constructive possession of Plaintiffs’ properties because Plaintiffs are compelled to provide
housing to non-paying tenants without receiving any remuneration or compensation for doing so
and and are legally barred from the restoration of the possession of their property under the
Eviction Act against non-paying tenants.
77. The effect of the Moratoria is to transfer the possession of Plaintiffs’ property
from Plaintiffs, who have the present legal right to possession, to the tenants for the duration of
the Moratoria who because of their default have no right to possession, which transfer amounts
to divesting Plaintiffs of their right to the possession and use of their property.
78. Because the Moratoria result in the constructive possession of Plaintiffs’ property
by the State, the Governor was required to simultaneously undertake to pay just compensation to
the Plaintiffs and otherwise comply with section 7(4) of the Act when he imposed the Moratoria.
79. Under EO 2020-10, 18, 30, 33, and 39 the Governor did not simultaneously
undertake to pay just compensation to the Plaintiffs or otherwise comply with section 7(4) of the
Act.
80. Because the Governor did not comply with the terms in section 7(4) of the Act,
the Moratoria are illegal, invalid and ultra vires and therefore void.
81. One or more of the Plaintiffs have been harmed in one or more of the following
ways:
21
PRAYER FOR RELIEF
A. Finding that the Governor exceeded his authority under the Act in issuing the
“Residential Eviction Moratorium” as defined above and those portions of the
Executive Orders related to the “Residential Eviction Moratorium”;
B. Finding that the Governor exceeded his authority under the Act in issuing the
“Residential Possession Moratorium” as defined above and those portions of the
Executive Orders related to the “Residential Possession Moratorium”;
C. Finding that the Governor exceeded his authority under the Act in issuing the “Non-
Residential Possession Moratorium” as defined above and those portions of the
Executive Orders related to the “Non-Residential Possession Moratorium”;
D. Finding that the Governor violated the Act by constructively taking possession of
Plaintiffs’ property without simultaneously offering to pay just compensation;
E. Finding that the Moratoria as defined above is illegal, invalid and ultra vires and
therefore unenforceable, and terminating the implementation of those portions of any
F. Finding that one or more of the Plaintiffs have been subjected to irreparable harm
through the issuance of the Moratoria and those portions of the Executive Orders
related to the Moratoria;
22
H. Enjoining the enforcement and any continuation of the Moratoria; and
I. Providing for any other relief that this Court deems appropriate, just and proper.
COUNT IV
(The Moratoria violate Article II, Section 1 of the Illinois Constitution mandating the
Separation of Powers)
82. Plaintiff restates and re-alleges paragraphs 1- 81 of Complaint as paragraph 82 of
this Count III.
83. Under the Illinois Constitution, the legislative, executive, and judicial branches
are separate, and no branch may exercise powers properly belonging to another branch. Ill.
Const. art. II, Sec. 1.
84. Executive power is vested in the Governor. Ill. Const. Art. V. Sec.8. The state
Supreme Court is vested with general administrative and supervisory authority over the state
courts. Ill. Const. Art. VI. Sec. 16.
85. Under the Separation of Powers doctrine, the Governor does not have inherent
authority and can only exercise the authority specifically granted to him by the Illinois
Constitution or by the General Assembly.
86. When one branch aggrandizes power unilaterally—including when the Governor
does so through an executive order—it violates this constitutional principle of the separation of
power.
23
87. The courts must hold invalid an executive action that goes beyond the Governor's
grant of authority, such that it is fundamentally incompatible with existing laws and statutes as to
impair the essential integrity of the constitutional powers of the General Assembly.
88. The General Assembly has granted the Governor specific emergency powers
during crises, including the Covid-19 disaster and the resulting public health emergency,
impacting the state of Illinois under Section 7 of the Act. 20 ILCS 3305/7. But an “[e]mergency
does not create power. Emergency does not increase granted power or remove or diminish the
restrictions imposed upon power granted or reserved.” Home Bldg. & Loan Ass’n v. Blaisdell,
290 U.S. 398, 425- 426 (1934).
89. The powers granted to the Governor under Section 7 of the Act to address the
exigencies of the COVID-19 disaster and the resulting public health emergency do not permit the
Governor to prohibit or restrict landlords from enforcing the terms of private leases.
90. The above powers granted to the Governor under the Act to address the
exigencies of the COVID-19 disaster and public health emergency do not permit the Governor to
prohibit or prevent landlords from commencing an eviction action where their tenants are in
breach of the lease for non-payment of rent.
91. The powers granted to the Governor under Section 7 of the Act to address the
exigencies of the COVID-19 disaster and the resulting public health emergency do not permit the
Governor to bar the Plaintiffs from the right to enforce a valid court order of possession to
restore possession of their property following their successful eviction action.
92. The above powers granted to the Governor under the Act to address the
exigencies of the COVID-19 disaster and public health emergency do not permit the Governor to
take constructive possession of Plaintiffs’ property without simultaneously undertaking to pay
24
just compensation to the Plaintiffs and filing an acknowledgement of same with the Director of
Illinois Emergency Management Agency.
93. Furthermore, the above powers granted to the Governor under the Act to address
the exigencies of the COVID-19 disaster and public health emergency do not permit the
Governor to aggrandize the power of the judiciary to hear and decide cases or to interfere with
the Supreme Court’s general administrative and supervisory authority over the state courts in
regards to eviction actions.
94. By the Moratoria, the Governor has unilaterally waived or modified numerous
validly enacted laws without express legislative authorization; has usurped the power of the
judiciary to hear and decide cases; and/or has interfered with the Supreme Court’s general
administrative and supervisory authority over the state courts in regards to eviction actions, by
means of the Moratoria, all in violation of the Separation of Powers doctrine.
95. The Governor’s unilateral waiver or amendment of valid legislative enactments
has violated the separation of powers, and his aggrandizement of the power of the judiciary to
hear and decide cases and/or his interference with the Supreme Court’s general administrative
and supervisory authority over the state courts in regards to eviction actions, through the
Moratoria, are void ab initio and must fail.
96. One or more of the Plaintiffs have been harmed in one or more or the following
ways by the Governor's violation of the Separation of Powers doctrine:
A. by being prohibited and restricted from commencing an eviction action where
B. by being compelled to provide housing to non-paying tenants without receiving
25
C. by suffering a violation of their constitutional rights to a civil jury trial, remedy
PRAYER FOR RELIEF
A. Finding that the Governor’s issuance and extension of the Moratoria violated the
Separation of Powers doctrine;
B. Finding that the Moratoria as defined above is unconstitutional and therefore

unenforceable, and terminating the implementation of those portions of any
C. Finding that one or more of the Plaintiffs have been subjected to irreparable harm
D. Finding that one or more of Plaintiffs have no adequate remedy at law other than
the issuance of an injunction prohibiting the enforcement of the Moratoria;
E. Preliminarily and permanently enjoining the enforcement of any continuation of

the Moratoria and those portions of the Executive Orders related to the
commencement of eviction actions and to the enforce of lawful orders of
possession; and
F. Providing for any other relief that this Court deems appropriate, just and proper.
COUNT V
(The Residential Eviction Moratorium violates Article I, Section 13 of the Illinois

Constitution guaranteeing the right to a civil jury trial)
96. Plaintiffs restate and reallege paragraphs 1- 95 of the Complaint as paragraph 96
of this Count V.
97. Article I, Section 13 of the Illinois Constitution provides that the right of trial by
jury as heretofore enjoyed shall remain inviolate. Ill. Const. Art. I, § 13.
26
98. Currently, Section 9-108 of the Eviction Act entitles “either party” to demand trial
by jury, notwithstanding any waiver of jury trial contained in any lease or contract. 735 ILCS
5/9-108.
99. Furthermore, prior to the adoption of the 1970 Constitution, the right to a jury trial
in evictions were codified by Sections 11a, 12, 17 and 19 of the Civil Procedure Act
(Ill.Rev.Stat. 1965, chap. 57, pars. 11a, 12, 17 and 19).
100. Moreover, the right to a jury trial in evictions was also available at common law.
101. In short, the right to a jury trial in evictions is the law of the land and has always
been.
102. The Illinois Constitution’s right to a civil jury trial is violated when, because of a
denial or suspension, an individual is not afforded, for any significant period of time, a jury trial
he or she would otherwise receive.
103. Unlike other civil actions, an eviction action is an expedited, summary proceeding
whose distinctive purpose is to restore possession of the property to the party that has the right of
possession.
103. The Residential Eviction Moratorium mandated by Executive Orders 2020-30 and
39 violate Article I, Section 13 of the Illinois Constitution by depriving landlords of the right to
an expedited civil jury trial that they are entitled to under the common law and the Eviction Act.
ways by the Governor's denial or suspension of the Plaintiffs’ right to a jury trial:
27
B. by being compelled to provide housing to non-paying tenants without receiving
C. by suffering a violation of their constitutional rights to a civil jury trial.
PRAYER FOR RELIEF
A. Finding that the Governor’s issuance and extension of the Moratoria violated one
or more of the Plaintiffs’ constitutional rights to a civil jury trial;


possession; and
COUNT VI
(The Moratoria Violate the Right to Remedy and Justice under Article I, Section 12 of the
Illinois Constitution)
105. Plaintiffs restate and reallege paragraphs 1- 104 of the Complaint as paragraph 105
as paragraph 1 of this Count VI.
106. Article I, Section 12 of the Illinois Constitution provides that “[e]very person shall
find a certain remedy in the laws for all injuries and wrongs which he receives to his person,
privacy, property or reputation. He shall obtain justice by law, freely, completely, and promptly.”
Ill. Const. Art. I. §12.
28
107. Landlords who have leased their properties to tenants are guaranteed a remedy
when their tenants do not pay or otherwise breaches the terms of the lease agreement through an
eviction action governed by Article IX of the Illinois Code of Civil Procedure. 735 ILCS 5/9-
101.
108. An eviction action under Article IX is the sole means for settling a dispute over
the possession of a leasehold when the tenant fails to pay rent or otherwise breaches the terms of
the lease agreement. An eviction is an expedited, summary proceeding whose distinctive purpose
is to restore possession of the property to the party that has the right of possession.
109. It is through an eviction action, and only through an eviction action, that property
owners, such as Plaintiffs, are able to protect their fundamental property interests in their leased
premises when a tenant is in breach of the lease.
110. The Moratoria prohibit, restrict and interfere with Plaintiffs’ right to commence an
eviction action where their tenants are in breach of their lease for non-payment of rent, and
prohibit, restrict and interfere with a landlord’s Plaintiff’s entitlement to the enforcement of a
valid court order of possession to restore possession of their property following their successful
eviction actions.
111. By prohibiting, restricting and interfering with a landlord’s right to commence an
eviction action where their tenants are in breach of their lease for non-payment of rent, and
prohibiting restricting and interfering with a landlord’s the Moratoria violates a landlords right
under Article I, Section 12 of the Illinois Constitution to obtain, by law, remedy, right and justice
promptly, and without delay.
29
ways by the Governor's violation of the constitutional right to obtain, by law, remedy, right and
justice promptly, and without delay:
B. by being prohibited and restricted from the right to enforce a valid court order of
possession to restore possession of their property following their successful eviction actions; and
C. by suffering a violation of their constitutional rights to obtain, by law, remedy,
right and justice promptly, and without delay.
PRAYER FOR RELIEF

A. Finding that the Governor’s issuance and extension of the Moratoria violated one or
more of the Plaintiffs’ constitutional rights to obtain, by law, remedy, right and justice
promptly, and without delay;

unenforceable, and terminating the implementation of those portions of any Executive
Orders related to the Moratoria;
D. Finding that one or more of Plaintiffs have no adequate remedy at law other than the
E. Preliminarily and permanently enjoining the enforcement of any continuation of the

Moratoria and those portions of the Executive Orders related to the commencement of
eviction actions and to the enforce of lawful orders of possession; and
30
COUNT VII
(The Moratoria Violates the Equal Protection Clause of Article I, Section 2

of the Illinois Constitution)
113. Plaintiffs restate and reallege paragraphs 1- 112 of the Facts Common to All
Counts as paragraph 113 of this Count VII.
114. Article I, Section 2 of the Illinois Constitution, known as the Equal Protection
Clause, provides that “[n]o person shall be… denied the equal protection of the laws.” Ill. Const.
Art. I. Sec. 2.
115. The equal protection clause requires that the government treat similarly situated
individuals in a similar fashion, unless the government can demonstrate an appropriate reason to
treat them differently.
116. The applicable level of scrutiny applied to an equal protection challenge is
determined by the nature of the right impacted.
117. Access to the courts and the right to obtain, by law, remedy, right and justice
promptly, and without delay and the right to a civil jury trial are fundamental rights protected by
the Constitution. Ill. Const. Art. I, Secs. 12, 13.
118. Government legislation implicating a fundamental right is subject to “strict
scrutiny” analysis and will be upheld only if it is narrowly tailored to serve a compelling state
interest.
119. The Moratoria imposed under EO 2020-30, 2020-33 and 2020-39 are based upon
the Stay at Home Order evidenced by the statements such as, “*** residential evictions are
31
contrary to the interest of preserving public health by ensuring that individuals remain in their
homes during this public health emergency. *** .” EO 2020-30.
120. The Moratoria are not narrowly tailored to serve the State’s compelling state
interest to maintain the public health by ensuring that individuals remain in their homes during
this public health emergency, for they apply only to a certain class of property owners, i.e., those
who have leased their real property to a tenant and whose remedy in the event of default is an
101.
121. Though the Government’s avowed compelling state interest is to ensure that
individuals remain in their homes during this public health emergency, the Moratoria does not
affect, bar or prohibit other types of property owners from obtaining possession of their property
from an occupant through the courts.
122. The Moratoria does not affect, bar or prohibit an owner of real property from
commencing an action for ejectment against a person unlawfully withholding possession of the
property. 735 ILCS 5/6-101 et seq.
123. The Moratoria also does not affect, bar or prohibit a mortgagee with a mortgage
on real property from being placed in possession where, in the case of a non-residential
mortgage, the note is in default, mortgage allows possession and there is a reasonable probability
that the mortgagee will prevail at the final hearing, 735 ILCS 5/15-1701(b)(2).
124. The Moratoria also does not affect, bar or prohibit a mortgagee with a mortgage
on real property from being placed in possession where, in the case of a residential mortgage
where the note is in default, the mortgagee can show good cause, the mortgagee has authority by
the terms of the mortgage or other written instrument, and the court is satisfied that there is a
32
reasonable probability that the mortgagee will prevail on a final hearing of the cause. 735 ILCS
5/15-1701(b)(1).
125. The Moratoria also does not affect, bar or prohibit the holder of a security interest
in a manufactured home from commencing a replevin action where the obligor is in default and
is wrongfully withholding possession under Section 19-101 of the Illinois Code of Civil
Procedure. 735 ILCS 5/19-101 et seq.
126. The Moratoria also does not affect, bar or prohibit a condominium association
from evicting a unit owner for failing to perform his or her obligations under the Illinois
Condominium Property Act. 765 ILCS. 605/9.2.
127. If the state interest is to is to ensure that individuals remain in their homes during
this public health emergency, there is no basis to treat landlords differently than these other types
of owners who also have the right to regain possession of their property but who are not
prohibited or restricted from bringing actions in the court to restore possession of their property.
128. Because the Moratoria treat landlords differently than other property
owners, and there are less restrictive means available to attain the State’s goal, the Eviction
Moratoria does not withstand the strict scrutiny analysis and therefore violates the equal
protection clause of Article I, § 2 of the Illinois Constitution.
ways by the Governor's violation of their constitutional right to equal protection:
33
C. by suffering a violation of their constitutional right to equal protection under the
law.
PRAYER FOR RELIEF
or more of the Plaintiffs’ constitutional right to equal protection under the law;

D. Finding that one or more of Plaintiffs have no adequate remedy at law other than the

Moratoria and those portions of the Executive Orders related to the commencement
of eviction actions and to the enforce of lawful orders of possession; and
COUNT VIII
(The Moratoria Violate the Right to Due Process under Article I, Section 2 of the
Illinois Constitution)
130. Plaintiffs restates and realleges paragraphs 1-130 of the Complaint as paragraph
131 of this Count VIII.
131. Article I, Sec. 2 of the Illinois Constitution provides that “[n]o person shall be
deprived of life, liberty or property without due process of law.”
34
132. Though the government has broad latitude to legislate for public health or safety
during an emergency, that power is not unlimited. The Illinois Constitution limits the scope of
the state’s police power, even during a pandemic.
134. Access to the courts and the right to obtain, by law, remedy, right and justice
promptly, and without delay and the right to a civil jury trial are fundamental rights protected by
the Constitution. Ill. Const. art. I, §§ 12, 13.
` 135. Government action that impacts a fundamental constitutional right is not
reasonably related to a compelling state interest when it is overly broad, and is therefore, it is an
unconstitutional restriction on a fundamental constitutional right.
136. The Moratoria imposed under EO 2020-30, 2020-33 and 2020-39 are based upon
the Stay at Home Order evidenced by Governor’s tatements such as,“ *** residential evictions
are contrary to the interest of preserving public health by ensuring that individuals remain in
their homes during this public health emergency. *** .” EO 2020-30.
137. The Moratoria are not narrowly tailored to serve the State’s compelling state
interest to maintain the public health by ensuring that individuals remain in their homes during
this public health emergency, for they bar access to the court, to jury trial and remedy to those
who have leased their real property to a tenant and whose remedy in the event of default is an
101.
138. The Moratoia are an overly broad means of achieving the compelling state’s
interest because the Governor could have achieved the goal of protecting the health and safety of
Illinois tenants who are in default under their leases by taking possession of landlords’ property,
subject to the payment of just compensation under section 7(4) of the Act or to utilize the
35
resources of the State to make provisions for and use temporary housing under section 7(10) of
the Act.
139. Though the Government’s avowed compelling state interest is to ensure that
individuals remain in their homes during this public health emergency, the Moratoria is clearly
overbroad since the Stay at Home order is no longer in effect, and Illinoians are free to be out in
public and the means expressed by the Government to avoid contracting COVID-19 is social
distancing and face masks.
140. Because the Moratoria is overly broad, it is not reasonably related to the state’s
interest in ensuring that individuals remain in homes during the public health emergency, and is
therefore an unconstitutional restriction on the Plaintiffs fundamental constitutional right to due
process in violation of due process clause of Article I, Sec. 2 of the Illinois Constitution.
ways by the Governor's violation of their constitutional right to due process:
C. by suffering a violation of their constitutional right to due process and to obtain,
by law, remedy, right and justice promptly, and without delay.
PRAYER FOR RELIEF
or more of the Plaintiffs’ constitutional right to constitutional right to due process
and to obtain, by law, remedy, right and justice promptly, and without delay;
36

possession; and
COUNT IX
(The Moratoria Violates the Takings Clause of under Article I, Section 15 of the Illinois
Constitution)
142. Plaintiffs restate and reallege paragraphs 1- 141 of Complaint s as paragraph 142
of this Count IX.
143. Article I, Section 15 of the Illinois Constitution provides that “[p]rivate property
shall not be taken or damaged for public use without just compensation as provided by law. Such
compensation shall be determined by a jury as provided by law.” Ill. Const. Art. I. Sec. 15.
144. A temporary taking is as subject to just compensation as is a permanent taking.
145. Land use regulation does not result in a “taking” if it substantially advances
legitimate governmental interests and does not deny an owner an economically viable use of its
land. But when government regulation goes too far, it will be recognized as a taking. Id.
37
146. When government regulation compels a landlord to suffer a physical invasion of
his property or when the regulation deprives a landlord of beneficial or productive use of the
property it constitutes a taking.
147. The Moratoria prohibit landlords from using the remedies provided in the Eviction
Act from regaining possession of their property, and results in keeping the unpaying tenant in
possession and in physical occupancy of the property for the duration of the Moratoria.
148. The Moratoria deprive landlords from regaining possession of their property, and
thus deprives landlords from being able to rent the property to a paying tenant or to otherwise
use the property as they see fit for the duration of the Moratoria.
149. The Moratoria operate to take constructive possession of landlords’ property and
denies landlords the economic benefit of the property for the duration of the Moratoria without
making provisions for just compensation.
150. The Moratoria goes too far and amount to a taking of landlords’ properties without
just compensation in violation of Article I, Sec. 15 of the Illinois Constitution.
ways by the unconstitutional taking of their property:
B. by being denied the right to the restoration of their property;
C. by being prohibited and restricted from commencing an eviction action where
38
D. by being prohibited and restricted from the right to enforce a valid court order of
E. by being compelled to provide housing to non-paying tenants without receiving
F. by suffering a violation of their constitutional right to receive just compensation
for the taking of their private property.
PRAYER FOR RELIEF
or more of the Plaintiffs’ constitutional right to receive just compensation for the
taking of their private property;


Moratoria and those portions of the Executive Orders related to the commencement
of eviction actions and to the enforce of lawful orders of possession; and
COUNT X
(The Moratoria Violate the Contract Clause of under Article I, Section 16 of the Illinois
Constitution)
152. Plaintiffs restate and reallege paragraphs 1- 151 of the Complaint as paragraph
152 of this Count X.
39
153. Article I, Section 16 of the Illinois Constitution provides that “No ex post facto
law, or law impairing the obligation of contracts or making an irrevocable grant of special
privileges or immunities, shall be passed.” Ill. Const. Art. I, Sec. 16.
154. A law trenches impermissibly on contract rights (1) where there is a contractual
relationship; (2) where the law at issue impairs that relationship; (3) where the impairment is
substantial; and (4) where the law serves an important public purpose.
155. As alleged above, Plaintiffs had contractual relationships with their tenants which,
among other things, required the tenants to pay the rent each month and an agreement that if the
tenants failed to do so, the Plaintiffs may avail themselves of the right to evict the tenant under
the Eviction Act.
156. The Moratoria substantially impairs Plaintiffs’ rights under their leases by
prohibiting, restricting and interfering with the Plaintiffs’ right to commence an eviction action
against non-paying tenants. The Moratoria nullify agreed-upon and bargained-for contract terms
by allowing tenants to remain in the Plaintiff’s properties without paying rent which is exactly
what the Contracts Clause forbids.
157. While the Governor’s Executive Orders generally serve a legitimate public
purpose during this horrific Pandemic, the Moratoria do not. It is of tremendous importance that
renters in the State receive relief from eviction during these terrible times, and the Act provides
a mechanism to do this, but it does not adequately serve the public's interest to treat a discrete
class of property owners differently than other property owners who are free to remove
occupants from their properties during the Pandemic.
40
158. The goal of the Moratoria, to not displace tenants during the Pandemic, has been
provided for under the Act and can be met by allowing the State to take possession of landlords’
property, subject to the payment of just compensation under section 7(4) of the Act or to utilize
the resources of the State to make provisions for and use temporary housing under section 7(10)
of the Act.
159. The Governor elected to not utilize these powers bestowed on him under the Act,
which would perforce cause the state to bear the cost burden of supporting displaced tenants, and
instead has through the Moratoria put that cost burden solely on Illinois landlords.
ways by the unconstitutional impairment of their contract rights:
B. by being denied the right to the restoration of their property;
C. by being prohibited and restricted from commencing an eviction action where
F. by substantially impairing and/or nullifying agreed-upon and bargained-for
contract terms between Plaintiffs and their tenants.
PRAYER FOR RELIEF
A. Finding that the Governor’s issuance and extension of the Moratoria violated the
Contracts Clause by substantially impairing and/or nullifying agreed-upon and
bargained-for contract terms between Plaintiffs and their tenants;
41
the issuance of the Moratoria and those portions of the Executive Orders related to
the Moratoria;

possession; and
Respectfully submitted,
/s/ James V. Noonan______________

One of the Attorneys for the Plaintiffs
James V. Noonan #6200366

Solomon Maman #6299407
Noonan & Lieberman, Ltd.
105 W. Adams, Suite 1800
Chicago, IL 60603
(312) 431-1455
[email protected]
[email protected]
[email protected]
Jeffrey Grant Brown #6194262

Jeffery Grant Brown, P.C.
65 West Jackson Blvd. Suite 107
Chicago, Illinois 60604
(312)789-9700
[email protected]
42
EXHIBIT A
GROUP EXHIBIT B
EXHIBIT C
COVID-19 Update: RESTORE Illinois Roll-
Out Plan and COVID-19 Resources
EXHIBIT D
State’s Response to COVID-19
From the beginning of the novel coronavirus
pandemic, Illinois’ response has been guided by data,
science, and public health experts. Relying on the
experts, Governor Pritzker took decisive action to
slow the spread of COVID-19 and save as many lives
as possible.
Millions of Illinoisans working together by staying at

home and following experts’ recommendations have
COVID-19:
proven Update from
these mitigation Erindistancing
and social Guthrie,
Director of the Illinois
measures effective so far, butDepartment of a
modeling projects
rapid surge in new
Commerce cases if all ofOpportunity
& Economic these measures are
immediately lifted.
(DCEO)
We must follow a safe and deliberate path forward
to reopen our economy, guided by public health and
data, to keep Illinoisans as safe as possible.
Restore Illinois
COVID-19: Update from Erin Guthrie,
Director of the Illinois Department of
Commerce & Economic Opportunity
(DCEO)
RESTORE ILLINOIS: Five-Phase Regional Plan
• Clear Phases: Restore Illinois lays out five phases that regions will
move through together, ensuring we move forward in a safe and
deliberate manner while providing businesses and families more
clarity on our next steps.
• Health Metrics: The plan is based on key health metrics, like

positive test rates and hospital capacity and admissions, that the
Illinois Department of Public Health will assess to determine when it
is safe for a region to move forward.
• Regional Approach: Restore Illinois recognizes the distinct impact

COVID-19 has had on different regions of the state. Using the long-
existing Emergency Medical Services Networks, the plan uses four
regions – Northeast Illinois, North-Central Illinois, Central Illinois,
and Southern Illinois – that will move through each phase together.
• Safe Reopening: As health metrics tell us it is safe to move forward,

regions will gradually reopen nonessential businesses, allow
employees to begin returning to work, expand outdoor recreation,
and increase gathering sizes.
Phase 1: Rapid Spread
The number of COVID-19 positive patients in the hospital, in ICU beds, and on ventilators is increasing.
What’s open? How do we move to the next phase?

Gatherings: Essential gatherings of 10 or fewer
allowed; No non-essential gatherings of any size Cases and Capacity:
Education and child care: Remote learning in P- • Slowing of the number of new cases
12 schools and higher education; Child care in • Availability of surge capacity in adult
groups of 10 or fewer for essential workers medical and surgical beds, ICU beds,
Travel: Non-essential travel discouraged. and ventilators
Businesses:
• Manufacturing: Essential manufacturing only Testing:
• “Non-essential” businesses: Employees of • Ability to perform 10,000 tests per
“non-essential” businesses are required to day statewide
work from home except for Minimum Basic • Testing available in region for any
Operations symptomatic health care workers
• Bars and restaurants: Open for delivery, and first responders
pickup and drive-through only
• Entertainment: Closed
• Personal care services and health clubs:
Closed
• Retail: Essential stores are open with strict
restrictions; Non-essential stores are closed
Phase 2: Flattening
The rise in the rate of infection is beginning to slow and stabilize.

Gatherings: Essential gatherings of 10 or fewer Cases and Capacity: To move from Phase 2 to
allowed; No non-essential gatherings of any size Phase 3 a region must be:
Education and child care: Remote learning in P- • At or under a 20% positivity rate and
12 schools and higher education; Child care in increasing no more than 10% points over a 14-
groups of 10 or fewer for essential workers day period, AND
Travel: Non-essential travel is discouraged • Have no overall increase (i.e. stability or
Businesses: decrease) in hospital admissions for COVID-
• Manufacturing: Essential manufacturing only 19-like illness for 28 days, AND
• “Non-essential” businesses: Employees of • Have an available surge capacity of at least 14
“non-essential” businesses are required to percent of ICU beds, medical and surgical
work from home except for Minimum Basic beds, and ventilators
Operations
• Bars and restaurants: Open for delivery, Testing: Available for all patients, health care
pickup, and drive through only workers, first responders, people with underlying
• Personal care services and health clubs: conditions, and residents and staff in congregate
Closed living facilities
• Retail: Essential stores are open with
restrictions; Non-essential stores open for Tracing: Begin contact tracing and monitoring
delivery and curbside pickup within 24 hours of diagnosis
Phase 3: Recovery
The rate of infection among those surveillance tested is stable or declining.
Gatherings: 10 people or fewer Cases and Capacity: To move from Phase 3 to
Travel: Travel should follow IDPH and CDC guidance Phase 4 a region must be:
Education and child care: Remote learning in P-12 • At or under a 20% positivity rate and
schools and higher education; Limited child care and increasing no more than 10% points over a
summer programs open 14-day period, AND
Businesses (subject to IDPH safety guidance): • No overall increase (i.e. stability or
• Manufacturing: Non-essential manufacturing that decrease) in hospital admissions for
can safely operate w/ social distancing can reopen COVID-19-like illness for 28 days, AND
• “Non-essential” businesses: Employees are • Available surge capacity of at least 14
allowed to return to work, tele-work strongly percent of ICU beds, medical and surgical
encouraged; Employers are encouraged to beds, and ventilators
provide accommodations for COVID-19-vulnerable
employees Testing: Testing available in region regardless
• Bars and restaurants: Open for delivery, pickup, of symptoms or risk factors
and drive through only
• Personal care services and health clubs: Tracing: Begin contact tracing and monitoring
Barbershops and salons open; Health and fitness within 24 hours of diagnosis for more than
clubs can provide outdoor classes and one-on-one 90% of cases in region
personal training
• Retail: Open with capacity limits and face
coverings
Phase 4: Revitalization
There is a continued decline in the rate of infection in new COVID-19 cases.

Gatherings: Gatherings of 50 people or less
Education and child care: P-12 schools, higher Post-pandemic: Vaccine, effective and widely
education, all summer programs, and child care available treatment, or the elimination of new
open cases over a sustained period of time through
Travel: Follow IDPH and CDC guidelines herd immunity or other factors
Businesses (subject to IDPH safety guidance):
• Manufacturing: All manufacturing open
• “Non-essential” businesses: All employees
return to work. Employers are encouraged to
provide accommodations for COVID-19-
vulnerable employees
• Bars and restaurants: Open with capacity
limits Personal care services and health clubs:
All barbershops, salons, spas and health and
fitness clubs open with capacity limits
• Entertainment: Cinema and theaters open
with capacity limits
• Retail: Open with capacity limits
Phase 5: Illinois Restored
Testing, tracing and treatment are widely available throughout the state. Either a vaccine is developed to prevent
additional spread of COVID-19, a treatment option is readily available.
What’s open? What could cause us to move back?

• All sectors of the economy reopen with IDPH will closely monitor data and receive
businesses, schools, and recreation resuming on-the-ground feedback from local health
normal operations with new safety guidance departments and regional
and procedures. healthcare councils and will recommend
moving back to the previous phase based
• Conventions, festivals, and large events can on the following factors:
take place. • Sustained rise in positivity rate
• Sustained increase in hospital
admissions for COVID-19 like illness
• Reduction in hospital capacity
threatening surge capabilities
• Significant outbreak in the region that
threatens the health of the region
Support for
Businesses
(DCEO)
Fast-Track Public Infrastructure Grant
Governor Pritzker announced Fast-Track Public Infrastructure Grants as part of Rebuild Illinois. This is a new program
designed to accelerate work on planned public infrastructure projects around the state, but especially in underserved areas
and Opportunity Zones. The State is making $25 million available to all types of local governments in the wake of the
COVID-19 pandemic, as many are face lost revenues and losing the ability to finance these much needed projects.
• Funds can be used to support projects such as expansions of water and

sewer systems and reinvestment to modernize schools and other public
buildings.
• Grants will range in size between $500,000 and $5 million and will be
awarded on a rolling basis. For this grant, 30% of application scoring will
be based on community need, such as whether a project is in an
underserved area or Opportunity Zone. To see a map of underserved
areas, click here. To see a map of Opportunity Zones, click here.
• Fast-Track projects must meet shovel-ready criteria, as well as the
minority business participation requirements of the State of Illinois'
Business Enterprise Program. Grant awardees must be prepared to start
work within 90-days of receiving funds.
• To apply for the grants, please visit the Rebuild Illinois website. A full
program Guidebook can be found here.
Rebuild Illinois Community Resources
Public Infrastructure
• The State has allocated $50,000,000 in Rebuild Illinois funds. A grant ceiling of $5,000,000 per project has been established. Grants for
less than $250,000 will not be awarded. Applications are due on June 30th.
• Eligible projects include water, sewer, rail, utility, and other public infrastructure capital improvements that can provide an improved
foundation for economic growth in Illinois communities.
• Eligible applicants are local units of government (cities, villages, towns).
• Full Program Guidebook Here.
Regional Economic Development

less than $250,000 will not be awarded. Applications are accepted on a rolling basis.
• Eligible projects are capital infrastructure improvements that will foster economic development and increase employment.
• Eligible applicants include local units of government, local economic development organizations, local non-profits, and private
companies.
Shovel Ready Sites

less than $250,000 will not be awarded. Applications are accepted on a rolling basis.
• Provide funding for site preparation for underutilized properties that can transform into economic development opportunities across
Illinois. This includes development of vacant buildings, parking lots, empty schools, or other underused sites.
• Eligible applicants include local units of government, local economic development organizations, local non-profits, and private
companies.
Downstate Small Business Stabilization Fund
• This new $20 million program supports non-essential small businesses in suburban and
rural counties across Illinois.
• The program provides grants up to $25,000 to small businesses in communities served

by DCEO’s Office of Community Development.
• Eligible businesses with up to 50 employees can partner with local governments to

obtain grants of up to $25,000 in working capital.
• The program redeploys Community Development Block Grant funds to support

local small businesses.
• You can find out additional information and apply here.

Federal Stimulus Bill – CARES Act
• Paycheck Protection Program: Up to $10M forgivable loan program with loan amount based on payroll history (2.5x monthly average) with 2-year term at 1%
• Small businesses and non-profits with < 500 employees are eligible (other eligibility determinations may apply).
• Independent contractor expenses (1099’s) cannot be included in payroll calculation or as expenses eligible to contribute for purpose of forgiveness
• To apply, work with an SBA approved lender. Find an approved lender here.
• To check on application status, contact your lender.
• Amount of forgiveness of a PPP loan depends on the borrower’s payroll costs over an eight-week period that begins on the date the lender makes the first
disbursement of the PPP loan to the borrower.
• As of May 7th, there was $127 billion in remaining in appropriations for the program.
• Economic Injury Disaster Loan: This program is currently ONLY open for agricultural enterprises. Working Capital Loan Program where eligible entities may qualify
for loans up to $2 million with terms up to 30 years.
• The interest rates for this disaster are 3.75 % for small businesses/2.75 % for nonprofit organizations (first payment deferred for one year).
• Small businesses with < 500 employees and private non-profits are eligible.
• Businesses who submitted their application prior to the new portal (pre-3/30/20) who haven't gone back in the system to reapply should do so.
• Applications are processed on a first come, first served basis. Apply through SBA here.
• Loan closing activities have begun.
• To check on application status, go to [email protected].
• Economic Injury Disaster Loan Advance: Applicants can receive an emergency advance up to $10,000 within days of a successful application and DO NOT have to
repay the advance if they are denied a loan.
• Disbursements are ongoing.
• Subsidy for Current Loan Payments: The SBA will cover up to 6 months of principal and interest payments that are owed on most existing SBA loans. Full list of
SBA debt relief resources can be found here.
• SBA Express Bridge Loans: Allows small businesses who currently have a business relationship with an SBA Express Lender to access up to $25,000 quickly. These
loans can provide vital economic support to small businesses to help overcome the temporary loss of revenue they are experiencing and can be a term loans or
used to bridge the gap while applying for a direct SBA Economic Injury Disaster loan. For more information, including how to apply, review the SBA’s Program
Guide.
Other Lending Resources
Other SBA Loan Programs Community Development Financial The Business Invest - Illinois Small
Institutions (CDFIs) Business COVID-19 Relief Program
• SBA guarantees loans made by
participant lenders to small businesses • CDFIs offer loans (usually less than • Through this program, the Treasurer's
who may not have been approved for $250k) for those typically ineligible Office partners with approved financial
traditional lender financing. for traditional bank loans. institutions to provide loans -- either
• CFDIs are dedicated to responsible lower rate loans, or loans to a business
• Primary programs are 7(a) loans, affordable lending to underserved or non-profit that would not otherwise
CDC/504, and microloans. entrepreneurs and low-income qualify -- to Illinois small businesses
communities. impacted by the COVID-19.
• Uses include working capital, • CDFIs provide in-depth support
inventory, real estate, equipment, including mentoring and • The State Treasurer has made up to
export assistance, etc. technical assistance. $250 million in deposits available to
• Many CDFIs offer microloan financial institutions.
• Advantages include, very competitive programs, loans less than $50k.
rates, longer term loans, and no • Financial institutions must be or apply
balloon payments. RESOURCE: to become an approved program
• Opportunity Finance Network is a depository with the Treasurer's Office.
• Work with an SBA-approved lender national membership organization
of CDFIs across the country. Find a RESOURCE:
RESOURCE: CDFI for small business loans near For more information, visit the Treasurer’s
• Find an SBA approved lender near you: you: ofn.org/cdfi-locator website here.
www.sba.gov/lendermatch
BRINGG NOW Verizon Small Business Recovery Fund
BRINGG has released a new SME solution for FREE to An investment of $2.5 million from Verizon is making it possible
help businesses manage delivery to customers. for LISC to begin offering critical relief and resiliency-building
support to small businesses facing immediate financial threat
because of the COVID-19 pandemic. The funding will go to make
Using BringgNOW small business owners can quickly load
grants of up to $10,000, especially to entrepreneurs of color,
incoming orders, dispatch deliveries to their own drivers women-owned businesses and other enterprises in historically
or crowdsourced fleets and deliver items to customers under-served places who don’t have access to flexible,
with a fully branded, real-time Uber-like experience. affordable capital.
If interested contact: • Grants will be made in the amounts of $5,000, $7,500, and
Tamir Gotfried $10,000.
[email protected] • Non-profit organizations are ineligible for this funding.
• Funds can be used for paying rent and utilities, meeting
payroll, paying outstanding debt to vendors, and other
Isaac Buahnik immediate operational costs.
[email protected] • Applications reopen Thursday, May 14th.
Website: www.bringg.com For more information, visit LISC’s FAQ on the Grant Program.
Apply here.
For More Information
General Inquires: 1-800-252-2923 or [email protected]
Essential Business inquiries: contact 1-800-252-2923 or

[email protected] – Frequently Asked Questions
Business insurance coverage: contact the Department of

Insurance (DOI) to file an online complaint:
https://mc.insurance.illinois.gov/messagecenter.nsf
Federal Small Business loans inquiries: contact (800) 659-2955,

COVID-19:orUpdate
[email protected], from Erin Guthrie,
https://disasterloan.sba.gov
Governor’s Office COVID-19 Website: coronavirus.illinois.gov
DCEO COVID-19 Resources: www2.illinois.gov/dceo
(DCEO)
APPENDIX
• State Program FAQ
• Paycheck Protection Program FAQ
• Illinois Small Business Loan Fund
• Unemployment Insurance
• Unemployment Insurance FAQ
• Workforce Opportunities
• PPECOVID-19: Update
and IL COVID-19 from Erin
Response Guthrie,
Fund
(DCEO)
Q&A
(DCEO)
State Program FAQ
Q: How do I find out if my business qualifies for the Downstate Stabilization Fund?
A: Local governments can apply on behalf of businesses with 50 employees or less. Only cities, villages, and counties that are not a HUD
direct entitlement community or located in an urban county that receives “entitlement” funds are eligible to apply. A list of ineligible
counties and municipalities can be found here.
Q: Can independent contractors apply for unemployment insurance?

A: Yes. IDES is working to have the program running in early May. All benefits will be backdated to date of unemployment. Weekly benefit
is calculated the same as that for regular unemployment in Illinois (table here) plus $600/week.
Q: Is there any national / state discussion that benefits paid relating to COVID would not increase the tax rate?
A: Two things: (1) Any expansion of benefits due to the CARES Act (+$600/wk, extension to 39 weeks from 26, sole proprietors) is
completely covered by federal gov’t and will not affect unemployment compensation tax; (2) As of now, unemployment compensation
tax will be affected by baseline (as in, not including enhancements from CARES Act) unemployment insurance benefits received by
employees from the business, like in normal times. There is discussion on this at both state and national level, but not far enough along
to provide details here.
Commerce
Resiliency Fund& Economic Opportunity
Q: If I’m located in the City of Chicago or Cook County, are there any programs available for my business?
A: Yes. For business in Chicago there is the Chicago Small Business is the and for businesses in Cook County there is the
Cook County Recovery Initiative. (DCEO)
Q: Where can I find guidance on “essential businesses”? Is there an appeals process for a business if they disagree with a "non-
essential" ruling from DCEO? Who enforces the determination?
A: You can find an essential business and operation FAQ on DCEO’s website. No, there is no appeals process. The enforcement piece can
either by the state or the local municipality. DCEO generally give deference to municipalities.
Paycheck Protection Program FAQ
Full List of FAQs HERE
Q: Will a borrower’s PPP loan forgiveness amount be reduced if the borrower laid off an employee, offered to rehire the same employee, but the
employee declined the offer?
A: No. The SBA and Treasury intend to issue an interim final rule excluding laid-off employees whom the borrower offered to rehire (for the same
salary/wages and same number of hours) from the CARES Act’s loan forgiveness reduction calculation. The interim final rule will specify that, to qualify for
this exception, the borrower must have made a good faith, written offer of rehire, and the employee’s rejection of that offer must be documented by the
borrower. Employees and employers should be aware that employees who reject offers of re-employment may forfeit eligibility for continued
unemployment compensation.
Q: Can you apply for both the Paycheck Protection Program and the SBA Economic Injury Disaster Loan?
A: Yes. A recipient of an Economic Injury Disaster Loan is still eligible for a Paycheck Protection Program. Businesses cannot use an EIDL and a Paycheck
Protection Program Loan for the same purpose. If you take advantage of an emergency EIDL grant advance up to $10,000, that amount is subtracted from
the amount forgiven up to the Paycheck Protection Loan. Businesses can also refinance an EIDL into the Paycheck Protection Loan for loan forgiveness
purposes. Remaining portions of the EIDL, for purposes other than those laid out in loan forgiveness for a Paycheck Protection Loan, remain a loan.
Q: How can the Paycheck Protection Program Loan be forgiven?

A: At least 75% of funds must be used for payroll costs; continuation of group health care benefits during periods of paid sick, medical, or family leave, or
insurance premiums; salaries or commissions or similar compensation. The employer also has to maintains or rehires their workforce.
Q: Should payments that an eligible borrower made to an independent contractor or sole proprietor be included in calculations of the eligible
borrower’s payroll costs?
A: No. Any amounts that an eligible borrower has paid to an independent contractor or sole proprietor should be excluded from the eligible business’s
payroll costs. However, an independent contractor or sole proprietor will itself be eligible for a loan under the PPP, if it satisfies the applicable
requirements.
Q: What is the maximum amount I can borrow?

A: The amount any small business is eligible to borrow is 250 percent of their average monthly payroll expenses, up to a total of $10 million.
Illinois Small Business Emergency Loan Fund Local Government
UPDATE: DCEO and our lending partners are continuing to review the large
Resources
number of submitted loan applications. To allow us to process received
The Cook County Recovery Initiative
applications as quickly as possible, we are temporarily suspending the acceptance is a comprehensive initiative to provide
of applications from businesses. Please refer back to the DCEO website and follow economic relief to small businesses,
us on social media to stay updated on upcoming opportunities. non-profits, community service
organizations and independent
• $60 million fund to support low-interest loans of up to $50,000 for small contractors (1099 workers) in response
businesses outside of Chicago. Businesses with fewer than 50 employees and to the COVID-19 pandemic.
less than $3 million in revenue in 2019 will be eligible to apply.
• Successful applicants will owe nothing for six months and then will begin making
fixed payments at 3% interest for the remainder of COVID-19: Update from
a five-year loan repayment Erin Guthrie,
period with no payments due for the first six months.
• Loan funds must be used for working capital. At leastCommerce & Economic
50% of loan proceeds must Opportunity
be applied toward payroll or other eligible compensation, with a commitment to
hire or retain at least 50% of a business workforce for six months. (DCEO)
• For more information, visit our website here. Lenders differ based on business
location.
Unemployment Insurance
• Individuals without access to paid sick leave or unable
to work due to COVID-19 can apply for unemployment
insurance by visiting the IDES website: IDES.Illinois.gov
• Gov. Pritzker is waiving the 7-day waiting period for

residents to apply for unemployment benefits
• The federal CARES Act:

COVID-19:
• ExtendedUpdate
length offrom Erin
benefits fromGuthrie,
26 weeks to 39
weeks
• Additional $600 per week
• Independent contractors/gig workers can access
benefits. IDES(DCEO)
plans to have this program live on
May 11th.
Unemployment Insurance FAQ
Q: When will applications for the Pandemic Unemployment Assistance (PUA) from the CARES Act be open?
A: If someone is unemployed or underemployed, they should file for unemployment immediately. Upon receipt of the application, IDES will
handle the claim so that the individual receives benefits from the proper program. IDES expects to be able to begin paying PAU benefits by the
week of May 11th. To receive PUA, you must first be denied for unemployment insurance.
Q: Many small businesses are concerned that their unemployment contribution rates will go up as a result of COVID-19. Many states have
already implemented legislation that provides that no COVID-19 related layoffs will be chargeable to the employer. Does IDES plan to raise
rates or increase UI contributions from businesses who have laid off staff who are collecting UI benefits? If yes, how will the rate increase be
decided as to not burden small and local businesses?
A: Assuming no legislative changes are made, employer rates will likely be higher next year. An employer that has laid someone off can typically
expect a higher tax rate in the future. However, employers will not be charged for any of the benefits paid under the CARES Act (PUA, FPUC,
PEUC).
Q: Will employers (i.e. park districts) be responsible for the $600 in additional compensation?
A: No. The additional $600 per week is 100% federally funded.
Q: Can unemployment rates for small businesses be frozen given the current situation?
A: IDES does not have the authority to do this; only the General Assembly has the authority to pass legislation effectively insulating employers
from rate increases.
Q: As a business owner, I have received notice from IDES, requiring a "Reply Due Date". Unfortunately, the date for which a response was due,
was the same date that I received the notice. Will there be any relief on these due dates?
A: You should retain the envelope, bearing the postmark date, and explain the issue in your response.
Q: If 1099 employees benefit from the PPP, are they eligible for UI through IDES?
A: It depends. If the loans are used to pay wages, those wages could impact an individual’s eligibility or weekly benefit amount.
Workforce Opportunities
Virtual Workforce Centers Rapid Response Workshops
All 22 local workforce Investment areas are DCEO has provided Rapid Response to
providing services via technology to Illinois’ approximately 200 companies with more
jobseekers. The workforce system has than 26,500 workers over the last
transitioned to providing virtual/remote month. This includes outreach, customized
workforce services including the use of video information and virtual rapid response
conferences and social media. workshops. Rapid response workshops
provide workers with information regarding
the workforce services that are available
Rapid Response Funds to Help Businesses including job matching, retraining services
Avoid Layoffs and access to unemployment insurance.
The OET has reprioritized WIOA Statewide

Workforce Funds to help businesses avoid Essential Jobs
layoffs and adhere to “social distancing”
provisions established by state and federal All the Illinois’ Local Workforce Investment
public health authorities. Areas (LWIAs) are working with companies to
• Funds can be used for cross training match job seekers with high-demand
For information and to access
workers, deep cleaning services,
these programs work directly with occupations that pay a living wage.
establishing remote offices and other
your local LWIA
services.
Live Interactive LWIA Map
Personal Protective Equipment (PPE) and COVID-19 Relief Fund
To DONATE PPE please Financial Support
email: [email protected] • The Illinois COVID-19 Response Fund created to support
PPE Items include: nonprofit organizations serving those who lives have
• Masks: N-95, ear loop, or surgical been upended by COVID-19 –launching with nearly $23
• Gowns: Isolation or non-descript million.
• Gloves: Nitrile, sterile, or surgical • More information can be found at
• Eye Protection: Face shields and goggles www.ilcovidresponsefund.org
• Infection Control Kits • For businesses wanting to make monetary DONATIONS
• Hand Sanitizer: Any size please email: [email protected]
• Disinfectant Wipes: Any size
• Digital thermometers: Forehead only
• PAPR hoods
• Ventilators
To MANUFACTURE PPE contact the Illinois Manufacturers

Association (IMA) at: https://ima-net.org/covid-
19/supplies/
To SELL PPE or if you plan to in the future,

contact: [email protected]
GUBERNATORIAL DISASTER PROCLAMATION
WHEREAS, in late 2019, a new and significant outbreak of Coronavirus Disease 2019
(COVID-19) emerged in China; and,
WHEREAS, COVID-19 is a novel severe acute respiratory illness that can spread among
people through respiratory transmissions and present with symptoms similar to those of
influenza; and,
WHEREAS, certain populations are at higher risk of experiencing more severe illness as
a result of COVID-19, including older adults and people who have serious chronic medical
conditions such as heart disease, diabetes, or lung disease; and,
WHEREAS, we are continuing our efforts to prepare for any eventuality given that this is
a novel illness and given the known health risks it poses for the elderly and those with
serious chronic medical conditions; and,
WHEREAS, the World Health Organization declared COVID-19 a Public Health

Emergency of International Concern on January 30, 2020, and the United States Secretary
of Health and Human Services declared that COVID-19 presents a public health emergency
on January 27, 2020; and,
WHEREAS, the World Health Organization has reported 109,578 confirmed cases of
COVID-19 and 3,809 deaths attributable to COVID-19 globally as of March 9, 2020; and,
WHEREAS, in response to the recent COVID-19 outbreaks in China, Iran, Italy and South
Korea, the Centers for Disease Control and Prevention (“CDC”) has deemed it necessary
to prohibit or restrict non-essential travel to or from those countries; and,
WHEREAS, the CDC has advised older travelers and those with chronic medical
conditions to avoid nonessential travel, and has advised all travelers to exercise enhanced
precautions; and,
WHEREAS, the CDC currently recommends community preparedness and everyday

prevention measures be taken by all individuals and families in the United States, including
voluntary home isolation when individuals are sick with respiratory symptoms, covering
coughs and sneezes with a tissue, washing hands often with soap and water for at least 20
seconds, use of alcohol-based hand sanitizers with at least 60% alcohol if soap and water
are not readily available, and routinely cleaning frequently touched surfaces and objects to
increase community resilience and readiness for responding to an outbreak; and,
WHEREAS, a vaccine or drug is currently not available for COVID-19; and,
WHEREAS, in communities with confirmed COVID-19 cases, the CDC currently

recommends mitigation measures, including staying at home when sick, when a household
GROUP EXHIBIT E
GDP 3-9-20
member is sick with respiratory disease symptoms or when instructed to do so by public
health officials or a health care provider and keeping away from others who are sick; and,
WHEREAS, despite efforts to contain COVID-19, the World Health Organization and the
CDC indicate that it is expected to spread; and,
WHEREAS, there are currently 11 confirmed cases of COVID-19 and an additional 260
persons under investigation in Illinois; and,
WHEREAS, one of the confirmed cases of COVID-19 in Illinois has not been linked to
any travel activity or to an already-confirmed COVID-19 case, which indicates community
transmission in Illinois; and,
WHEREAS, based on the foregoing, the circumstances surrounding COVID-19 constitute

a public health emergency under Section 4 of the Illinois Emergency Management Agency
Act; and,
WHEREAS, it is the policy of the State of Illinois that the State will be prepared to address
any disasters and, therefore, it is necessary and appropriate to make additional State
resources available to ensure that the effects of COVID-19 are mitigated and minimized
and that residents and visitors in the State remain safe and secure; and,
WHEREAS, this proclamation will assist Illinois agencies in coordinating State and
Federal resources, including the Strategic National Stockpile of medicines and protective
equipment, to support local governments in preparation for any action that may be
necessary related to the potential impact of COVID-19 in the State of Illinois; and,
WHEREAS, these conditions provide legal justification under Section 7 of the Illinois
Emergency Management Agency Act for the issuance of a proclamation of disaster;
NOW, THEREFORE, in the interest of aiding the people of Illinois and the local
governments responsible for ensuring public health and safety, I, JB Pritzker, Governor of
the State of Illinois, hereby proclaim as follows:
Section 1. Pursuant to the provisions of Section 7 of the Illinois Emergency Management

Agency Act, 20 ILCS 3305/7, I find that a disaster exists within the State of Illinois and
specifically declare all counties in the State of Illinois as a disaster area.
Section 2. The Illinois Department of Public Health and the Illinois Emergency
Management Agency are directed to coordinate with each other with respect to planning
for and responding to the present public health emergency.
Section 3. The Illinois Department of Public Health is further directed to cooperate with
the Governor, other State agencies and local authorities, including local public health
authorities, in the development of strategies and plans to protect the public health in
connection with the present public health emergency.
Section 4. The Illinois Emergency Management Agency is directed to implement the State
Emergency Operations Plan to coordinate State resources to support local governments in
disaster response and recovery operations.
Section 5. To aid with emergency purchases necessary for response and other emergency
powers as authorized by the Illinois Emergency Management Agency Act, the provisions
of the Illinois Procurement Code that would in any way prevent, hinder or delay necessary
action in coping with the disaster are suspended to the extent they are not required by
federal law. If necessary, and in accordance with Section 7(1) of the Illinois Emergency
Management Agency Act, 20 ILCS 3305/7(1), the Governor may take appropriate
executive action to suspend additional statutes, orders, rules, and regulations.
Section 6. Pursuant to Section 7(3) of the Illinois Emergency Management Agency Act,
20 ILCS 3305/7(3), this proclamation activates the Governor’s authority, as necessary, to
transfer the direction, personnel or functions of State departments and agencies or units
thereof for the purpose of performing or facilitating emergency response programs.
Section 7. The Illinois Department of Public Health, Illinois Department of Insurance and
the Illinois Department of Healthcare and Family Services are directed to recommend, and,
as appropriate, take necessary actions to ensure consumers do not face financial barriers in
accessing diagnostic testing and treatment services for COVID-19.
Section 8. The Illinois State Board of Education is directed to recommend, and, as

appropriate, take necessary actions to address chronic absenteeism due to transmission of
COVID-19 and to alleviate any barriers to the use of e-learning during the effect of this
proclamation that exist in the Illinois School Code, 105 ILCS 5/1-1 et. seq.
Section 9. Pursuant to Section 7(14) of the Illinois Emergency Management Agency Act,
20 ILCS 3305/7(14), increases in the selling price of goods or services, including medical
supplies, protective equipment, medications and other commodities intended to assist in
the prevention of or treatment and recovery of COVID-19, shall be prohibited in the State
of Illinois while this proclamation is in effect:
Section 10. This proclamation can facilitate a request for Federal emergency and/or
disaster assistance if a complete and comprehensive assessment of damage indicates that
effective recovery is beyond the capabilities of the State and affected local governments.
Section 11. This proclamation shall be effective immediately and remain in effect for 30
days.
Issued by the Governor March 9, 2020

Filed by the Secretary of State March 9, 2020
GDP 4-1-20
GDP 4-30-20
GDP 5-29-20
GROUP EXHIBIT F
EO 2020-10
EO 2020-18
EO 2020-30
EO 2020-32
EO 2020-33
May 29, 2020 Executive Order 2020-38
EXECUTIVE ORDER 2020-38

(COVID-19 EXECUTIVE ORDER NO. 36)
Restoring Illinois – Protecting Our Communities
WHEREAS, since early March 2020, Illinois has been faced with a disaster caused by a pandemic
that has taken the lives of thousands of residents, infecting over 100,000 and growing, and resulting
in extraordinary sickness and loss of life; and,
WHEREAS, at all times but especially during a public health crisis, protecting the health and
safety of Illinoisans is among the most important functions of State government; and,
WHEREAS, as Illinois enters the fourth month of responding to the public health disaster caused
by Coronavirus Disease 2019 (COVID-19), a novel severe acute respiratory illness that has spread
and continues to spread rapidly among people through respiratory transmissions and continues to
be without an effective treatment or vaccine, the burden on residents, healthcare providers, first
responders and governments throughout the State is unprecedented; and,
WHEREAS, the World Health Organization declared COVID-19 a Public Health Emergency of
International Concern on January 30, 2020, and the United States Secretary of Health and Human
Services declared that COVID-19 presents a public health emergency on January 27, 2020; and,
WHEREAS, on March 11, 2020, the World Health Organization characterized the COVID-19
outbreak as a pandemic, and has now reported more than 5.5 million confirmed cases of COVID-
19 and 350,000 deaths attributable to COVID-19 globally; and,
EO 2020-38
WHEREAS, despite efforts to contain COVID-19, the World Health Organization and the federal
Centers for Disease Control and Prevention (CDC) indicated that the virus was expected to
continue spreading and it has, in fact, continued to spread rapidly, resulting in the need for federal
and State governments to take significant steps; and,
WHEREAS, on March 9, 2020, I, JB Pritzker, Governor of Illinois, declared all counties in the
State of Illinois as a disaster area in response to the outbreak of COVID-19; and,
WHEREAS, on March 13, 2020, the President declared a nationwide emergency pursuant to
Section 501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C.
5121-5207 (the “Stafford Act”), covering all states and territories, including Illinois; and,
WHEREAS, on March 26, 2020, the President declared a major disaster in Illinois pursuant to
Section 401 of the Stafford Act; and,
WHEREAS, on April 1, 2020, due to the exponential spread of COVID-19 in Illinois, I again
declared all counties in the State of Illinois as a disaster area; and,
WHEREAS, on April 30, 2020, due to the continued spread of COVID-19 in Illinois, the
threatened shortages of hospital beds, emergency room capacity, and ventilators, and the
inadequate testing capacity, I again declared all counties in the State of Illinois as a disaster area;
and,
WHEREAS, on May 29, 2020, due to the thousands of lives lost to COVID-19 in Illinois, the
continued increase of cases, the continued threat of shortages of hospital beds, emergency room
capacity, and ventilators, the improved but still insufficient testing capacity, and the financial
destruction caused by the virus, I again declared all counties in the State of Illinois as a disaster
area; and,
WHEREAS, the CDC advises that limiting face-to-face contact with others is the best way to
reduce the spread of COVID-19, and that social distancing – staying at least 6 feet away from
other people, not gathering in groups, and staying out of crowded places – is among the best
tools to slow the spread of the virus; and,
WHEREAS, the CDC recommends wearing cloth face coverings in public settings where social
distancing measures are difficult to maintain; and,
WHEREAS, the CDC recommends other critical precautions to slow the spread of COVID-19,
such as frequent hand washing, covering coughs and sneezes, and cleaning and disinfecting
frequently touched surfaces; and,
WHEREAS, there have been over 117,000 confirmed cases of COVID-19 in 101 Illinois
counties; and,
WHEREAS, Illinois has had more than 5,200 deaths resulting from COVID-19, and many days
more than 100 Illinoisans lose their lives to the virus; and,
2
WHEREAS, although the number of new COVID-19 cases has stabilized and potentially begun
to decrease in recent weeks, the virus continues to infect thousands of individuals and claim the
lives of too many Illinoisans each day; and,
WHEREAS, COVID-19 has claimed the lives of and continues to impact the health of Black
and Hispanic Illinoisans at a disproportionately high rate – magnifying significant health
disparities and inequities; and,
WHEREAS, as the virus has progressed through Illinois, the crisis facing the State continues to
develop and requires an evolving response to ensure hospitals, health care professionals and first
responders are able to meet the health care needs of all Illinoisans and in a manner consistent
with CDC guidance that continues to be updated; and,
WHEREAS, while hospitalizations have very recently stabilized, Illinois is using a significant
percentage of hospital beds, ICU beds, and ventilators to treat COVID-19 patients that require
hospitalization and, if cases were to surge higher, the State could face a shortage of one or more
of these critical health care resources; and,
WHEREAS, the State worked with top researchers from the University of Illinois at Urbana-
Champaign, the Northwestern School of Medicine, the University of Chicago, the Chicago and
Illinois Departments of Public Health, along with McKinsey and Mier Consulting Group, and
Civis Analytics, to analyze data on COVID-19 deaths and ICU usage and model potential
outcomes; and,
WHEREAS, the State’s modeling showed that its health care resource utilization would peak in
May, and that health care resources would continue to be limited after the peak, updated
modeling now shows that the peak may have been delayed, with the tail extending several more
weeks; and,
WHEREAS, the State’s modeling continues to show that without extensive social distancing
and other precautions, the State will face a shortage of hospital beds, ICU beds and/or
ventilators; and,
WHEREAS, in addition to causing the tragic loss of more than 5,200 Illinoisans and wreaking
havoc on the physical health of tens of thousands more, COVID-19 has caused extensive
economic loss and continues to threaten the financial welfare of a significant number of
individuals and businesses across the nation and the State; and,
WHEREAS, nationwide, 40 million people have filed unemployment claims since the start of
the pandemic – representing one in four U.S. workers; and,
WHEREAS, the Illinois Department of Employment Security announced that the State’s
unemployment rate rose to 16.4% in April, with 762,000 jobs lost during that month; and,
WHEREAS, over 180,000 small businesses in Illinois have received over $22 billion in
COVID-19 related financial support through the federal Paycheck Protection Program in an
effort to prevent these businesses from closing; and,
3
WHEREAS, the economic loss and insecurity caused by COVID-19 threatens the viability of
business and the access to housing, medical care, food, and other critical resources that impact
the health and safety of residents; and,
THEREFORE, by the powers vested in me as the Governor of the State of Illinois, pursuant to
the Illinois Constitution and Sections 7(1), 7(2), 7(3), 7(8), 7(9), and 7(12) of the Illinois
Emergency Management Agency Act, 20 ILCS 3305, and consistent with the powers in public
health laws, I hereby order the following, effective immediately:
Restoring Illinois – Protecting Our Communities
1. Intent of this Executive Order. The intent of this Executive Order is to safely and
conscientiously resume activities that were paused as COVID-19 cases rose exponentially
and threatened to overwhelm our healthcare system. As Illinoisans resume these
activities, we must not backslide on the progress we have made. We cannot risk
overwhelming our healthcare system, and we must prioritize the health and lives of all
Illinoisans, especially the most vulnerable among us. While protecting our communities,
we will restore our economy and begin to repair the economic damage that the virus has
caused. The intent of this Executive Order is to effectuate those goals.
This Executive Order supersedes Executive Order 2020-32 and Section 1 of Executive
Order 2020-07.
2. Public health requirements for individuals. Individuals must take the following public
health steps to protect their own and their neighbors’ health and lives:
a. Practice social distancing. To the extent individuals are using shared spaces
when outside their residence, including when outdoors, they must at all times and
as much as reasonably possible maintain social distancing of at least six feet from
any other person who does not live with them.
b. Wear a face covering in public places or when working.1 Any individual who
is over age two and able to medically tolerate a face covering (a mask or cloth
face covering) shall be required to cover their nose and mouth with a face
covering when in a public place and unable to maintain a six-foot social distance.
This requirement applies whether in an indoor space, such as a store, or in a
public outdoor space where maintaining a six-foot social distance is not always
possible.
1
Throughout this Executive Order, any reference to a face covering requirement excludes those two years old and
younger and those for whom wearing a face covering is not medically advisable. Guidance on use of face coverings
from the Illinois Department of Human Rights is available here:
https://www2.illinois.gov/dhr/Documents/IDHR_FAQ_for_Businesses_Concerning_Use_of_Face-
Coverings_During_COVID-19_Ver_2020511b%20copy.pdf
4
c. Elderly people and those who are vulnerable as a result of illness should take
additional precautions. People at high risk of severe illness from COVID-19,
including elderly people and those with a health condition that may make them
vulnerable, are urged to stay in their residence and minimize in-person contact
with others to the extent possible.
d. Limit gatherings. Any gathering of more than ten people is prohibited unless
exempted by this Executive Order. Nothing in this Executive Order prohibits the
gathering of members of a household or residence. Because in-person contact
presents the greatest risk of transmission of COVID-19, Illinoisans are
encouraged to continue limiting in-person contact with others and to expand their
social contact cautiously. Gathering remotely continues to be the safest way to
interact with those outside a household or residence.
e. Go outdoors. Public health guidance suggests that the risks of transmission of

COVID-19 are greatly reduced outdoors as opposed to indoors. Where possible,
Illinoisans are encouraged to conduct their activities outdoors.
3. Public health requirements for businesses, nonprofits, and other organizations. For
the purposes of this Executive Order, covered businesses include any for-profit, non-
profit, or educational entity, regardless of the nature of the service, the function it
performs, or its corporate or entity structure. Those entities must take the following
public health measures to protect their employees, their customers, and all others who
come into physical contact with their operations:
a. Requirements for all businesses. All businesses must:

• continue to evaluate which employees are able to work from home, and
are encouraged to facilitate remote work from home when possible;
• ensure that employees practice social distancing and wear face coverings
when social distancing is not always possible;
• ensure that all spaces where employees may gather, including locker
rooms and lunchrooms, allow for social distancing; and
• ensure that all visitors (customers, vendors, etc.) to the workplace can
practice social distancing; but if maintaining a six-foot social distance
will not be possible at all times, encourage visitors to wear face
coverings; and
• prominently post the guidance from the Illinois Department of Public
Health (IDPH) and Office of the Illinois Attorney General regarding
workplace safety during the COVID-19 emergency.2
2
This guidance is available at: https://www.dph.illinois.gov/sites/default/files/COVID-
19_WorkplaceHealth_SafetyGuidance20200505.pdf
5
The Department of Commerce and Economic Opportunity (DCEO), in
partnership with IDPH, has developed industry-specific guidance and toolkits to
help businesses operate safely and responsibly. These documents are available at:
https://www2.illinois.gov/dceo/Pages/RestoreILP3.aspx.
b. Requirements for retail stores. Retail stores must ensure all employees practice
social distancing and must take appropriate additional public health precautions,
in accordance with DCEO guidance, which include:
• provide face coverings to all employees who are not able to maintain a
minimum six-foot social distance from customers and other employees at
all times;
• cap occupancy at 50 percent of store capacity, or, alternatively, at the
occupancy limits based on store square footage set by the Department of
Commerce and Economic Opportunity;
• communicate with customers through in-store signage, and public service
announcements and advertisements, about the social distancing and face
covering requirements set forth in this Order; and
• discontinue use of reusable bags.
c. Requirements for manufacturers. Manufacturers must ensure all employees

practice social distancing and must take appropriate additional public health
precautions, in accordance with DCEO guidance, which include:
minimum six-foot social distance at all times;
• ensure that all spaces where employees may gather, including locker
rooms and lunchrooms, allow for social distancing; and
• modify and downsize operations (staggering shifts, reducing line speeds,
operating only essential lines, while shutting down non-essential lines) to
the extent necessary to allow for social distancing and to provide a safe
workplace in response to the COVID-19 emergency.
d. Requirements for office buildings. Employers in office buildings must ensure

all employees practice social distancing and must take appropriate additional
public health precautions, in accordance with DCEO guidance, which may
include:
minimum six-foot social distance at all times;
• consider implementing capacity limits where the physical space does not
allow for social distancing;
• allow telework where possible; and
• develop and prominently post plans and signage to ensure social
distancing in shared spaces such as waiting rooms, service counters, and
cafeterias.
6
e. Requirements for restaurants and bars. All businesses that offer food or
beverages for on-premises consumption—including restaurants, bars, grocery
stores, and food halls—must suspend service for and may not permit on-premises
consumption, except as permitted by DCEO guidance. Such businesses are
permitted and encouraged to serve food and beverages so that they may be
consumed off-premises, as permitted by law, through means such as in-house
delivery, third-party delivery, drive-through, and curbside pick-up. In addition,
customers may enter the premises to purchase food or beverages for carry-out.
However, establishments offering food or beverages for carry-out, including food
trucks, must ensure that they have an environment where patrons maintain
adequate social distancing.
Bars and restaurants located in airports, hospitals, and dining halls in colleges and
universities are exempt from the requirements of this Executive Order. Hotel
restaurants may continue to provide room service and carry-out. Catering services
may continue. Schools and other entities that typically provide food services to
students or members of the public may continue to do so under this Executive
Order on the condition that the food is provided to students or members of the
public on a pick-up and takeaway basis only.
All businesses covered in this section may permit outdoor on-premises food and
beverage consumption in accordance with DCEO guidance and when permitted
by local ordinances and regulations.
f. Requirements for fitness and exercise gyms. Fitness and exercise gyms may be
open for the following activities, but must conduct business in a manner
consistent with DCEO guidance: Personal training sessions involving one trainer
and one customer; outdoor training in groups no larger than 10 with social
distancing; sale of retail merchandise; and onsite filming or streaming of remote
classes conducted by a single trainer. Fitness and exercise gyms may not allow
other activities, including member workouts, because of the heightened risk of
transmission of COVID-19 when people exercise together and share equipment in
an indoor space.
g. Requirements for personal services facilities. Personal services facilities such

as spas, hair salons, barber shops, nail salons, waxing centers, tattoo parlors, and
similar facilities may be open but must ensure the use of face coverings,
adherence to social distancing requirements, and use of capacity limits in
accordance with DCEO guidance.
h. Requirements for outdoor recreation, youth day camps, and youth sports.
Businesses offering outdoor recreation, youth day camps, and youth sports may
7
be open but must ensure the use of face coverings, adherence to social distancing
requirements, and must take other public health steps in accordance with DCEO
guidance.
i. Places of public amusement. Except as permitted by this Executive Order or by

DCEO guidance, places of public amusement must remain closed to the public.
Places of public amusement include but are not limited to, locations with
amusement rides, carnivals, amusement parks, water parks, aquariums, zoos,
museums, arcades, fairs, children’s play centers, playgrounds, theme parks,
bowling alleys, movie and other theaters, and concert and music halls. Places of
public amusement, like other businesses, may continue to:
i. Perform necessary activities to maintain the value of the business’s

inventory, preserve the condition of the business’s physical plant and
equipment, ensure security, process payroll and employee benefits, or for
related functions.
ii. Perform necessary activities to facilitate employees of the business being

able to continue to work remotely.
iii. Fulfill online and telephonic retail orders through pick-up or delivery.
4. Exemptions.
a. Free exercise of religion. This Executive Order does not limit the free exercise
of religion. To protect the health and safety of faith leaders, staff, congregants
and visitors, religious organizations and houses of worship are encouraged to
consult and follow the recommended practices and guidelines from the Illinois
Department of Public Health.3 As set forth in the IDPH guidelines, the safest
practices for religious organizations at this time are to provide services online, in
a drive-in format, or outdoors (and consistent with social distancing requirements
and guidance regarding wearing face coverings), and to limit indoor services to 10
people. Religious organizations are encouraged to take steps to ensure social
distancing, the use of face coverings, and implementation of other public health
measures.
b. Emergency functions. All first responders, emergency management personnel,

emergency dispatchers, court personnel, law enforcement and corrections
personnel, hazardous materials responders, child protection and child welfare
personnel, housing and shelter personnel, military, and other governmental
employees working for or to support the emergency response are exempt from
3
This guidance is available at: https://www.dph.illinois.gov/covid19/community-guidance/places-worship-guidance
8
this Executive Order, but are encouraged to practice social distancing and take
recommended public health measures.
c. Governmental functions. This Executive Order does not apply to the United
States government and does not affect services provided by the State or any
municipal, township, county, subdivision or agency of government and needed to
ensure the continuing operation of the government agencies or to provide for or
support the health, safety and welfare of the public.
5. Social Distancing, Face Covering, and PPE Requirements. For purposes of this
Executive Order, social distancing includes maintaining at least six-foot distance from
other individuals, washing hands with soap and water for at least twenty seconds as
frequently as possible or using hand sanitizer, covering coughs or sneezes (into the sleeve
or elbow, not hands), regularly cleaning high-touch surfaces, and not shaking hands.
a. Required measures. Businesses must take proactive measures to ensure

compliance with Social Distancing Requirements, including where possible:
i. Designate six-foot distances. Designating with signage, tape, or by other

means six-foot spacing for employees and customers to maintain
appropriate distance;
ii. Hand sanitizer and sanitizing products. Having hand sanitizer and
sanitizing products readily available for employees and customers;
iii. Separate operating hours for vulnerable populations. Implementing

separate operating hours for elderly and vulnerable customers;
iv. Online and remote access. Posting online whether a facility is open and
how best to reach the facility and continue services by phone or remotely;
and
v. Face Coverings and PPE. Providing employees with appropriate face

coverings and requiring that employees wear face coverings where
maintaining a six-foot social distance is not possible at all times. When
the work circumstances require, providing employees with other PPE in
addition to face coverings.
6. Enforcement. This Executive Order may be enforced by State and local law
enforcement pursuant to, inter alia, Section 7, Section 15, Section 18, and Section 19 of
the Illinois Emergency Management Agency Act, 20 ILCS 3305.
9
Businesses must follow guidance provided or published by the Illinois Department of
Commerce and Economic Opportunity regarding safety measures during Phase III, and
the Illinois Department of Public Health, local public health departments, and the
Workplace Rights Bureau of the Office of the Illinois Attorney General with respect to
Social Distancing Requirements. Pursuant to Section 25(b) of the Whistleblower Act,
740 ILCS 174, businesses are prohibited from retaliating against an employee for
disclosing information where the employee has reasonable cause to believe that the
information discloses a violation of this Order.
7. No limitation on authority. Nothing in this Executive Order shall, in any way, alter or
modify any existing legal authority allowing the State or any county, or local government
body to order (1) any quarantine or isolation that may require an individual to remain
inside a particular residential property or medical facility for a limited period of time,
including the duration of this public health emergency, or (2) any closure of a specific
location for a limited period of time, including the duration of this public health
emergency. Nothing in this Executive Order shall be construed as an exercise of any
authority to order any quarantine, isolation, or closure. Nothing in this Executive Order
shall, in any way, alter or modify any existing legal authority allowing a county or local
government body to enact provisions that are stricter than those in this Executive Order.
8. Savings clause. If any provision of this Executive Order or its application to any person
or circumstance is held invalid by any court of competent jurisdiction, this invalidity does
not affect any other provision or application of this Executive Order, which can be given
effect without the invalid provision or application. To achieve this purpose, the
provisions of this Executive Order are declared to be severable. This Executive Order is
meant to be read consistently with any Court order regarding this Executive Order.
_______________________
JB Pritzker, Governor
Issued by the Governor May 29, 2020

Filed by the Secretary of State May 29, 2020
10
Restoring Illinois – Protecting Our Communities FAQs | IDPH https://www.dph.illinois.gov/restore/restore-faqs
(/)
On May 29, Gov. JB Pritzker signed Executive Order 36 – Restoring Illinois – Protecting Our Communities –
to safely and conscientiously resume activities that were paused due to the COVID-19 pandemic. While
continuing to protect communities, the Governor’s action is part of the Restore Illinois plan and is designed to
reopen the state’s economy and begin to repair the economic damage brought on by the pandemic. For
more information, see below.
A: Yes. However, when outside your residence you must always and as reasonably possible maintain social
distancing of at least 6 feet (about 2 arms’ length) from other people who do not live with you. Keeping space
between you and others is one of the best tools to avoiding being exposed to the virus.
A: Any individual over the age of 2 and able to medically tolerate a face covering (a mask or cloth covering)
must cover their nose and mouth with a face covering when in a public place and unable to maintain a six-
foot social distance. This applies whether indoor, such as in a store, or in a public outdoor space where
maintaining a 6-foot distance is not always possible.
A: Yes. Gatherings of more than 10 people are prohibited, except for members of a household or residence.
Because in-person contact presents the greatest risk of COVID-19 transmission, Illinoisans are encouraged
to continue limiting in-person contact with others and to expand their social contact cautiously.
A: Yes. The risks of transmission of COVID-19 are greatly reduced outdoors as opposed to indoors.
Wherever possible, Illinoisans are encouraged to go outdoors for fresh air and exercise – walk, hike, jog,
EXHIBIT G
1 of 6 6/22/2020, 3:37 PM
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Illinois News
Gov. Pritzker Announces $900 Million Package of
Equity-Driven Community and Business Grant
Programs
Support for Working Families and Small Businesses’ Disproportionately Impacted by
COVID-19 and Civil Unrest
Wednesday, June 17, 2020 - Governor, Office of the
Chicago — Today, Governor JB Pritzker joined members of the Black, Latino and Asian Caucuses of
the state legislature and small business owners to announce a package of state grant programs to
support communities and businesses impacted by the pandemic and recent civil unrest.
The package includes more than $900 million across more than ten programs and four state agencies
to help working families and small businesses who have been hit the hardest by COVID-19's
economic impacts, which was compounded by recent property damage and civil unrest.
"We are in a moment that requires a historic effort to mitigate this virus's devastating effects on the
health and livelihoods of the residents of this state," said Governor Pritzker. "We must do so in a
way that prioritizes those who were hurting long before we'd ever heard of COVID-19 - to be there for
people who are in need, people who are falling through the cracks, people who never expected
themselves to need a helping hand from anyone else - but now they do. With assistance from the
federal CARES Act and in partnership with the General Assembly, including from the Black Caucus,
Latino Caucus, and Asian Caucus, my administration has put together a support package of over 900
million dollars to lift up small businesses, working families and Black and Brown communities who
have been hit the hardest by COVID-19's financial impacts. I'm deeply proud to lead a state
government so committed to being there for the people we serve."
The economic toll of the COVID-19 pandemic has impacted residents across Illinois but has
disproportionately affected households with limited resources who are least able to weather financial
hardship. Businesses across every industry sector have faced significant economic strain.
To ensure families and businesses receive ongoing support to maintain their livelihoods, the new
package of grant programs operate with equity requirements, ensuring that disproportionately
impacted areas (DIAs) receive their fair share of support.
EMERGENCY RENTAL ASSISTANCE PROGRAM
The Illinois Housing Development Authority (IHDA) is launching a $150 million program with $5,000
grants to provide emergency rental assistance to Illinois tenants who are unable to pay their rent. The
Emergency Rental Assistance Program (ERA) is expected to reach approximately 30,000 renters
who are disproportionately impacted by the pandemic. The program will launch in August 2020 and
EXHIBIT H
1 of 4 6/22/20, 7:40 PM
run through the end of the year. Governor Pritzker will extend the ongoing residential eviction ban
through July 31 to provide a smooth transition into the assistance program.
To address housing instability due to COVID-19, renters who have been disproportionately impacted
by the pandemic will be prioritized in the grants process. Eligible tenants must already carry an
unpaid rent balance from March through present day and certify that the reason they were unable to
pay rent was due to a COVID-19 related loss of income on or after March 1, 2020. The assistance will
be paid directly to a property owner or landlord on behalf of the tenant and as a condition of accepting
the assistance, landlords must agree not to evict the tenant for the duration of the ERA. Assistance
will be available on a first-come, first-approved basis until the funds are exhausted.
EMERGENCY MORTGAGE ASSISTANCE PROGRAM
IHDA is also launching a separate $150 million program for eligible Illinois homeowners with grants of
up to $15,000 to provide support with mortgage payments. The Emergency Mortgage Assistance
Program (EMA) is expected to assist approximately 10,000 eligible homeowners who are unable to
pay their mortgage. The program is also expected to launch in August 2020 and provide assistance
through the end of the year.
Building upon efforts to mitigate housing instability, homeowners who have been disproportionately
impacted by the pandemic will also be prioritized in the grants process. Homeowners' income prior to
the pandemic cannot exceed 120% of the area median income (AMI). Therefore, only homeowners
with mortgage arrearages, or in forbearance, on or after March 2020 through present day may be
eligible to apply. Eligible homeowners must be able to certify that the reason they could not pay their
mortgage in full was due to a COVID-19-related loss of income on or after March 1, 2020. The
assistance will be paid directly to the mortgagor's loan servicer on behalf of the homeowner.
Assistance will be available on a first-come, first-approved basis until the funds are exhausted.
NEW BUSINESS INTERRUPTION GRANTS PROGRAM
The Department of Commerce and Economic Opportunity (DCEO) will launch the first round of
Business Interruption Grants (BIG) by providing $60 million to businesses experiencing losses or
business interruption as a result of COVID-19 related closures. The BIG Program is available for up
to 3,500 businesses that experienced a limited ability to operate due to COVID-19 related closures.
DCEO will begin distributing funds to qualifying businesses in early July. The total program funding
will amount to at least $540 million in grants for small businesses, $270 of which has been set aside
for childcare providers, and is funded by the CARES Act.
In the first wave of grants, priority will be given to small businesses that have been heavily restricted
or completely shut down during the pandemic and are located in DIAs. Businesses eligible for the
program must have experienced extreme hardship, demonstrated by eligible costs or losses in
excess of the grant amount, since March and may continue to face depressed revenues or closure.
Businesses must also have been in operation for at least three months prior to March 2020. An
emphasis will also be placed on those businesses that are located in areas that have experienced
recent property damage due to civil unrest, exacerbating the economic impacts of COVID-19.
Specifically, the program includes support for:
• Businesses in DIAs - $20 million for businesses that are located in a subset of DIAs that have
recently experienced significant property damage, providing 1,000 grants of $20,000 each
2 of 4 6/22/20, 7:40 PM
• Bars and Restaurants - $20 million for bars and restaurants unable to offer outside service,
providing at least 1,000 grants of up to $20,000 each
• Barbershops and Salons - $10 million for barbershops and salons, providing 1,000 grants of
$10,000 each
• Gyms and Fitness Centers - $10 million for gyms and fitness centers that have lost significant
revenue due to COVID-19, providing 500 grants of $20,000 each
DCEO will make the application for BIG available on Monday, June 22.
DISTRESSED CAPITAL PROGRAM
The Department of Commerce and Economic Opportunity's new economic recovery program will
provide $25 million to support Illinois businesses that have sustained property damage as a result of
civil unrest during the recent protests and demonstrations on or after May 25, 2020.
The Distressed Capital Program will reimburse the costs to repair structural damages, including
repairs to storefronts and entrances, improving electrical systems, and restoring exterior work.
The program will prioritize small businesses, women and minority-owned businesses, underinsured or
uninsured businesses, businesses that have a high community impact - such as grocery stores - and
businesses in communities that have experienced historic disinvestment.
The Rebuild Distressed Communities NOFO will solicit applications from regional and local
organizations that will perform outreach, coordinate local qualified vendors, and provide funds to
cover the cost of repairs and building improvements for businesses in their region. The Distressed
Capital Program also includes provisions to ensure BEP-certified contractors, including minority- and
women-owned businesses, are the first in line to do the repair work.
DCEO will invite applications for the Distressed Capital Program with a NOFO made available on
Monday, June 22.
POVERTY ALLEVIATION STRATEGIES
The Department of Human Services (IDHS) will provide $32.5 million in an effort to immediately
mitigate poverty in Illinois and respond to the needs of hard-hit communities by COVID-19 and by the
civil unrest. The program will support more than 73,000 people across the state by building upon
contracts and services to target communities disproportionately affected by the pandemic. The
actions will begin in June and extend through the summer.
Specifically, the IDHS strategies will provide:
• Unemployed Adults - Stipends of up to $4 million to help rebuild businesses

• Summer Youth Providers - More than $6 million to empower and engage youth and help
rebuild communities
• Foods Banks - $2 million to expand the capacity to feed hungry families in the hardest hit
areas
• Illinois Black and Brown Farmers - $1 million to increase the availability of fresh food and
produce
• Mental Health Services - $2 million to help meet the increased demand for crisis services and
better serve diverse communities
3 of 4 6/22/20, 7:40 PM
• Community-Based Organizations - $5 million to provide small grants for healing circles,

restorative justice circles, and other healing activities
• Temporary Assistance for Needy Families (TANF) - One-time $500 payment to help ensure
food security, totaling $11.5 million
Additionally, the Department on Aging will expand the Emergency Senior Services Funds by providing
up to $5 million to support senior residents in need of meals, groceries, medicine, and medical care.
The funding will assist seniors who may not have been able to access necessary supplies due to
damages to physical locations in their communities. The department will utilize the statewide case
coordinator units (CCUs) throughout the Aging network to take referrals from all Aging providers for
services.
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Filed Complaint Eviction Moratorium

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Filed Complaint Eviction Moratorium

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Andrea Lynn Chasteen

Will County Circuit Clerk

IN THE TWELFTH JUDICIAL CIRCUIT COURT

JL Properties Group B LLC, Mark

Jay Robert “J..B.” Pritzker, the

VERIFIED COMPLAINT FOR

commencement of residential evictions; barring the enforcement of portions of the Illinois

Governor’s COVID-19 Executive Orders which have imposed a moratorium on enforcing

this state. In support, Plaintiffs state as follows:

1. The global COVID-19 pandemic (“Pandemic”) brought on by the 2019 Novel

3. The portions of Governor Pritzker’s Executive Orders prohibiting the

commencement of residential evictions, and the enforcement of residential and nonresidential

disproportionate impact on landlords, including Plaintiffs, to the point of jeopardizing their

But compelled subsidization by landlords is an improper and unconstitutional method of solving

5. Plaintiff, JL Properties Group B LLC is an Illinois Limited Liability Company,

and is a landlord of real property in Will County, Illinois.

6. Plaintiff, Mark Dauenbaugh, is an individual landlord of real property in

Winnebago County, Illinois.

“Governor”). He is sued not individually, but in his official capacity as Governor.

in Rockford Illinois, a City located in Winnebago County, Illinois.

on their rent payments.

described below barring commencement of eviction actions.

the Trustee for the Trust and the landlord.

occupants, were to vacate the property on or before March 13, 2020.

Eviction Order continues to occupy the property.

Eviction Order lawfully obtained in state court.

available remedy at law.

Restore Illinois Plan

“Plan”). Exhibit D, Restore Illinois Plan.

Department of Public Health. Id.

other services, schools and child care facilities can reopen.

Governor certain powers provided in the Act.

(2) To utilize all available resources of the State government as reasonably

(3) To transfer the direction, personnel or functions of State departments and

(9) To suspend or limit the sale, dispensing, or transportation of alcoholic

(12) Control, restrict, and regulate by rationing, freezing, use of quotas,

Governor issued a second Gubernatorial Disaster Proclamation finding a “continuing disaster

30 days (the “Third Proclamation”).

on June 27, 2020.

place of residence except for Essential Activities, Essential Governmental Functions, or to

extended through April 7, 2020. Id.

April 30, 2020. Id. EO 2020-18.

pursuant to the Third Proclamation. Id., 2020-30.

emergency. *** ”. Id.

2020-30. Sec. 3. Id.

Enforcement Moratorium”). Id.

of COVID-19 to the greatest extent possible.” Group Exhibit F, 2020-32.

Residential Enforcement Moratorium, and the Residential Eviction Moratorium (collectively

Illinois Protecting Our Communities FAQs.

Orders found in EO 2020-10 and 2020-32. Id.

had not in fact been evaluated. Group Exhibit E.

transition to the assistance Program.” Exhibit H, June 17 Press Release.

Counts as paragraph 48 of Count I.

during this public health emergency. *** .” EO 2020-30.

expanded exceptions to the Stay at Home Order.

any new Gubernatorial Disaster Proclamation. EO 2020-33, Sec. 3.

54. The Third Proclamation expired on May 28, 2020.

effectively lifted the Stay at Home Order as of May 29, 2020.

29, 2020, the Stay at Home Order is over. Exhibit G.