Bill Amendment: IL HB1361 | 2015-2016 | 99th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: IHDA-RENTAL HOUSING PROGRAM
Status: 2015-07-22 - Public Act . . . . . . . . . 99-0097 [HB1361 Detail]
Download: Illinois-2015-HB1361-House_Amendment_001.html
Bill Title: IHDA-RENTAL HOUSING PROGRAM
Status: 2015-07-22 - Public Act . . . . . . . . . 99-0097 [HB1361 Detail]
Download: Illinois-2015-HB1361-House_Amendment_001.html
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 1361
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 1361 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Rental Housing Support
Program Act is | ||||||
5 | amended by changing Sections 7, 10, and 25 as follows:
| ||||||
6 | (310 ILCS 105/7)
| ||||||
7 | Sec. 7. Definitions. In this Act:
| ||||||
8 | "Annual receipts" means revenue derived from the Rental
| ||||||
9 | Housing Support Program State surcharge from July 1 to June
30. | ||||||
10 | "Authority" means the Illinois Housing Development | ||||||
11 | Authority.
| ||||||
12 | "Developer" means any entity that receives a grant under | ||||||
13 | Section 20. | ||||||
14 | "Program" means the Rental Housing Support Program.
| ||||||
15 | "Real estate-related document" means any recorded document | ||||||
16 | that affects an
interest in real property excluding documents |
| |||||||
| |||||||
1 | which solely affect or relate to an easement for water, sewer, | ||||||
2 | electricity, gas, telephone or other public service.
| ||||||
3 | "Unit" means a rental apartment unit receiving a subsidy by | ||||||
4 | means of a grant
under this Act. "Unit" does not include | ||||||
5 | housing units intended as transitional
or
temporary housing.
| ||||||
6 | (Source: P.A. 94-118, eff. 7-5-05.)
| ||||||
7 | (310 ILCS 105/10)
| ||||||
8 | Sec. 10. Creation of Program and distribution of funds.
| ||||||
9 | (a) The Rental Housing Support Program is created within | ||||||
10 | the Illinois Housing Development Authority. The Authority | ||||||
11 | shall administer the Program program and adopt rules for its | ||||||
12 | implementation. | ||||||
13 | (b) The Authority shall distribute amounts for the Program | ||||||
14 | solely from annual receipts on deposit in the Rental Housing | ||||||
15 | Support Program Fund that are appropriated in each year for | ||||||
16 | distribution by the Authority for the Program, and not from any | ||||||
17 | other source of funds for the Authority, The Authority shall | ||||||
18 | distribute amounts appropriated for the Program from the Rental | ||||||
19 | Housing Support Program Fund and any other appropriations | ||||||
20 | provided for the Program as follows: | ||||||
21 | (1) A proportionate share of annual receipts on deposit | ||||||
22 | appropriated to the Fund each year the annual | ||||||
23 | appropriation , as determined under subsection (d) of | ||||||
24 | Section 15 of this Act , shall be distributed to | ||||||
25 | municipalities with a population greater than 2,000,000. |
| |||||||
| |||||||
1 | Those municipalities shall use at least 10% of those funds | ||||||
2 | in accordance with Section 20 of this Act, and all | ||||||
3 | provisions governing the Authority's actions under Section | ||||||
4 | 20 shall govern the actions of the corporate authorities of | ||||||
5 | a municipality under this Section. As to the balance of the | ||||||
6 | annual distribution, the municipality shall designate a | ||||||
7 | non-profit organization that meets the specific criteria | ||||||
8 | set forth in Section 25 of this Act to serve as the "local | ||||||
9 | administering agency" under Section 15 of this Act. | ||||||
10 | (2) Of the remaining annual receipts on deposit | ||||||
11 | appropriated to the Fund each year appropriation after the | ||||||
12 | distribution in paragraph (1) of this subsection, the | ||||||
13 | Authority shall designate at least 10% for the purposes of | ||||||
14 | Section 20 of this Act in areas of the State not covered | ||||||
15 | under paragraph (1) of this subsection. | ||||||
16 | (3) The remaining annual receipts on deposit | ||||||
17 | appropriated to the Fund each year appropriation after the | ||||||
18 | distributions in paragraphs (1) and (2) of this subsection | ||||||
19 | shall be distributed according to Section 15 of this Act in | ||||||
20 | areas of the State not covered under paragraph (1) of this | ||||||
21 | subsection.
| ||||||
22 | (Source: P.A. 94-118, eff. 7-5-05.)
| ||||||
23 | (310 ILCS 105/25)
| ||||||
24 | Sec. 25. Criteria for awarding grants. The Authority shall | ||||||
25 | adopt rules
to govern the awarding of grants and the continuing |
| |||||||
| |||||||
1 | eligibility for grants
under Sections 15 and 20. Requests for | ||||||
2 | proposals under
Section 20 must specify that proposals must | ||||||
3 | satisfy these rules.
The rules must contain and be consistent | ||||||
4 | with, but need not be limited to,
the following criteria:
| ||||||
5 | (1) Eligibility for tenancy in the units supported by | ||||||
6 | grants to local
administering agencies must be
limited
to | ||||||
7 | households with gross income at or below 30% of the median
| ||||||
8 | family income for the area in which the grant will be
made. | ||||||
9 | Fifty percent of the units that are supported by any grant | ||||||
10 | must be set
aside for households whose income is at or | ||||||
11 | below 15% of the area median
family income for the area in | ||||||
12 | which the grant will be made, provided that local | ||||||
13 | administering agencies may negotiate flexibility in
this | ||||||
14 | set-aside with the Authority if they demonstrate that they | ||||||
15 | have been
unable to locate sufficient tenants in this lower | ||||||
16 | income range. Income eligibility for units supported by | ||||||
17 | grants to local administering agencies must be verified | ||||||
18 | annually by landlords and submitted to local administering | ||||||
19 | agencies. Tenants
must have sufficient income to be able to | ||||||
20 | afford the tenant's share of the
rent. For grants awarded | ||||||
21 | under Section 20, eligibility for tenancy in units
| ||||||
22 | supported by grants must be limited to households with a | ||||||
23 | gross income at or
below
30% of area median family income | ||||||
24 | for the area in which the grant will be made. Fifty percent | ||||||
25 | of the units that are supported by any grant must be set | ||||||
26 | aside for households whose income is at or below 15% of the |
| |||||||
| |||||||
1 | median family income for the area in which the grant will | ||||||
2 | be made, provided that developers may negotiate | ||||||
3 | flexibility in this set-aside with the Authority or | ||||||
4 | municipality as defined in subsection (b) of Section 10 if | ||||||
5 | it demonstrates that it has been unable to locate | ||||||
6 | sufficient tenants in this lower income range.
The | ||||||
7 | Authority shall determine what sources qualify as a | ||||||
8 | tenant's income.
| ||||||
9 | (2) Local administering agencies must include | ||||||
10 | 2-bedroom, 3-bedroom,
and 4-bedroom units among those | ||||||
11 | intended to be supported by grants
under the Program | ||||||
12 | program . In grants under Section 15, the precise number of
| ||||||
13 | these units among all the units intended to be supported by | ||||||
14 | a grant must be
based on need in the community for larger | ||||||
15 | units and other factors that the
Authority specifies in | ||||||
16 | rules. The local administering agency must specify
the | ||||||
17 | basis for the numbers of these units that are proposed for | ||||||
18 | support under
a grant. Local administering agencies must | ||||||
19 | make a good faith effort to
comply with this allocation of | ||||||
20 | unit sizes. In grants awarded under Section
20, developers | ||||||
21 | and the Authority or municipality, as defined in subsection | ||||||
22 | (b) of Section 10, shall negotiate the numbers and sizes of
| ||||||
23 | units to be built in a project and supported by the grant.
| ||||||
24 | (3) Under grants awarded under Section 15, local | ||||||
25 | administering agencies
must enter into a payment contract | ||||||
26 | with the landlord that defines the method of payment and |
| |||||||
| |||||||
1 | must pay subsidies to landlords on a quarterly basis and in | ||||||
2 | advance of the
quarter paid for.
| ||||||
3 | (4) Local administering agencies and developers must | ||||||
4 | specify how
vacancies in units supported by a grant must be | ||||||
5 | advertised and they must include provisions for outreach to | ||||||
6 | local
homeless shelters, organizations that work with | ||||||
7 | people with disabilities,
and others interested in | ||||||
8 | affordable housing.
| ||||||
9 | (5) The local administering agency or developer must | ||||||
10 | establish a schedule
for the tenant's rental obligation for | ||||||
11 | units supported by a grant. The
tenant's share of the rent | ||||||
12 | must be a flat amount, calculated annually, based on the | ||||||
13 | size of the
unit and the household's income category. In | ||||||
14 | establishing the schedule for
the tenant's rental | ||||||
15 | obligation, the local administering agency or developer
| ||||||
16 | must use 30% of gross income within an income range as a | ||||||
17 | guide, and it
may charge an additional or lesser amount.
| ||||||
18 | (6) The amount of the subsidy provided under a grant | ||||||
19 | for a unit must be
the difference between the amount of the | ||||||
20 | tenant's obligation and the total
amount of rent for the
| ||||||
21 | unit. The total amount of rent for the unit must be | ||||||
22 | negotiated between the
local
administering authority and | ||||||
23 | the landlord under Section 15, or between the
Authority or | ||||||
24 | municipality, as defined in subsection (b) of Section 10, | ||||||
25 | and the developer under Section 20, using comparable rents | ||||||
26 | for units of comparable size and condition in the |
| |||||||
| |||||||
1 | surrounding community as a guideline.
| ||||||
2 | (7) Local administering agencies and developers, | ||||||
3 | pursuant to criteria
the
Authority develops in rules, must | ||||||
4 | ensure that there are procedures in place
to maintain the | ||||||
5 | safety and habitability of units supported under grants. | ||||||
6 | Local administering agencies must inspect
units before | ||||||
7 | supporting them under a grant awarded under Section 15.
| ||||||
8 | (8) Local administering agencies must provide or | ||||||
9 | ensure that tenants are
provided with a "bill of rights" | ||||||
10 | with their lease setting forth local
landlord-tenant laws | ||||||
11 | and procedures and contact information for the local
| ||||||
12 | administering agency.
| ||||||
13 | (9) A local administering agency must create
a plan | ||||||
14 | detailing a process for helping
to provide information, | ||||||
15 | when necessary, on how to access education, training, and | ||||||
16 | other
supportive services to tenants living in units | ||||||
17 | supported under the grant. The
plan must be
submitted as a | ||||||
18 | part of the administering agency's proposal to the | ||||||
19 | Authority
required under
Section 15.
| ||||||
20 | (10) Local administering agencies and developers may | ||||||
21 | not use funding under
the
grant to develop or support | ||||||
22 | housing that requires that a tenant has a particular | ||||||
23 | diagnosis or type of disability as a condition of | ||||||
24 | eligibility for occupancy unless the requirement is | ||||||
25 | mandated by another funding source for the housing. Local | ||||||
26 | administering agencies and developers may use grant |
| |||||||
| |||||||
1 | funding to develop integrated housing opportunities for | ||||||
2 | persons with disabilities, but not housing restricted to a | ||||||
3 | specific disability type.
| ||||||
4 | (11) In order to plan for periodic fluctuations in | ||||||
5 | annual receipts on deposit appropriated to the Fund each | ||||||
6 | year program revenue , the Authority shall establish by rule | ||||||
7 | a mechanism for establishing a reserve fund and the level | ||||||
8 | of funding that shall be held in reserve either by the | ||||||
9 | Authority or by local administering agencies.
| ||||||
10 | (12) The Authority shall perform annual | ||||||
11 | reconciliations of all distributions made in connection | ||||||
12 | with the Program and may offset future distributions to | ||||||
13 | balance geographic distribution requirements of this Act. | ||||||
14 | (Source: P.A. 97-892, eff. 8-3-12.)
| ||||||
15 | Section 99. Effective date. This Act takes effect upon | ||||||
16 | becoming law.".
|