Bill Amendment: IL HB2621 | 2021-2022 | 102nd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: WEIGHTS&MEASURES-CONTINUING ED
Status: 2021-07-29 - Public Act . . . . . . . . . 102-0175 [HB2621 Detail]
Download: Illinois-2021-HB2621-Senate_Amendment_002.html
Bill Title: WEIGHTS&MEASURES-CONTINUING ED
Status: 2021-07-29 - Public Act . . . . . . . . . 102-0175 [HB2621 Detail]
Download: Illinois-2021-HB2621-Senate_Amendment_002.html
| |||||||
| |||||||
| |||||||
| 1 | AMENDMENT TO HOUSE BILL 2621
| ||||||
| 2 | AMENDMENT NO. ______. Amend House Bill 2621 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
| ||||||
| 4 | "ARTICLE 1. COVID-19 AFFORDABLE HOUSING GRANT PROGRAM ACT | ||||||
| 5 | Section 1-1. Short title. This Act may be cited as the | ||||||
| 6 | COVID-19 Affordable Housing Grant Program Act.
| ||||||
| 7 | Section 1-5. Purpose and findings. The State of Illinois | ||||||
| 8 | faces a large shortage of decent, affordable rental housing | ||||||
| 9 | for low-income and moderate-income households. The COVID-19 | ||||||
| 10 | pandemic has dramatically increased this need for affordable | ||||||
| 11 | housing. The development of affordable housing will help | ||||||
| 12 | Illinois to address the need for more housing, jobs, tax base, | ||||||
| 13 | tax revenue, and population in the State. These funds will | ||||||
| 14 | help developers to overcome increased construction costs | ||||||
| 15 | related to pandemic-created supply shortages (in lumber and | ||||||
| |||||||
| |||||||
| 1 | other materials) and to jump-start a housing recovery in | ||||||
| 2 | Illinois in the wake of the pandemic. These funds will also | ||||||
| 3 | incentivize and attract private equity and private lending and | ||||||
| 4 | will allow the State to more fully utilize and draw down unused | ||||||
| 5 | federal resources for affordable housing. Funding will be used | ||||||
| 6 | for the acquisition, construction, development, | ||||||
| 7 | predevelopment, or rehabilitation of affordable multifamily | ||||||
| 8 | rental development.
| ||||||
| 9 | Section 1-10. Definitions. As used in this Act: | ||||||
| 10 | "Authority" means the Illinois Housing Development | ||||||
| 11 | Authority. | ||||||
| 12 | "Disproportionately impacted area" means a census tract or | ||||||
| 13 | comparable geographic area that meets at least one of the | ||||||
| 14 | following criteria, as determined by the Department of | ||||||
| 15 | Commerce and Economic Opportunity: | ||||||
| 16 | (1) the area has a poverty rate of at least 20% | ||||||
| 17 | according to the latest federal decennial census; | ||||||
| 18 | (2) 75% or more of the children in the area | ||||||
| 19 | participate in the federal free lunch program according to | ||||||
| 20 | reported statistics from the State Board of Education; | ||||||
| 21 | (3) at least 20% of the households in the area receive | ||||||
| 22 | assistance under the Supplemental Nutrition Assistance | ||||||
| 23 | Program; or | ||||||
| 24 | (4) the area has an average unemployment rate, as | ||||||
| 25 | determined by the Department of Employment Security, that | ||||||
| |||||||
| |||||||
| 1 | is more than 120% of the national unemployment average, as | ||||||
| 2 | determined by the United States Department of Labor, for a | ||||||
| 3 | period of at least 2 consecutive calendar years preceding | ||||||
| 4 | the date of the application. | ||||||
| 5 | "Federal tax credit" means the federal low-income housing | ||||||
| 6 | tax credit provided by Section 42 of the federal Internal | ||||||
| 7 | Revenue Code, including federal low-income housing tax credits | ||||||
| 8 | issued pursuant to 26 U.S.C. 42(h)(3) and 26 U.S.C. 42(h)(4). | ||||||
| 9 | "Qualified development" means a qualified low-income | ||||||
| 10 | housing project, as that term is defined in Section 42 of the | ||||||
| 11 | federal Internal Revenue Code of 1986, that is located in the | ||||||
| 12 | State and is determined to be eligible for the federal tax | ||||||
| 13 | credit set forth in Section 42 of the Internal Revenue Code.
| ||||||
| 14 | Section 1-15. Grant program. Subject to appropriation for | ||||||
| 15 | this purpose, the Authority shall establish an affordable | ||||||
| 16 | housing grant program to encourage the construction and | ||||||
| 17 | rehabilitation of affordable multifamily rental housing in | ||||||
| 18 | response to the COVID-19 pandemic. Funding may be used for the | ||||||
| 19 | acquisition, construction, development, predevelopment, or | ||||||
| 20 | rehabilitation of a qualified development. The goal of the | ||||||
| 21 | grant program shall be to fund the development and | ||||||
| 22 | preservation of up to 3,500 affordable rental homes and | ||||||
| 23 | apartments by December 31, 2024. Project sponsors who wish to | ||||||
| 24 | participate in the affordable housing grant program shall | ||||||
| 25 | submit a grant application to the Authority in accordance with | ||||||
| |||||||
| |||||||
| 1 | rules adopted by the Authority. The Authority shall prescribe, | ||||||
| 2 | by rule, standards and procedures for the provision of | ||||||
| 3 | demonstration grant funds in relation to each grant | ||||||
| 4 | application.
| ||||||
| 5 | Section 1-20. Affordable multifamily rental housing gap | ||||||
| 6 | financing. Where a qualified development has been awarded a | ||||||
| 7 | federal tax credit, the recipient may request additional gap | ||||||
| 8 | financing under this grant program as the Authority deems | ||||||
| 9 | appropriate. Through the program, the Authority shall provide | ||||||
| 10 | grants with no expectation of repayment.
| ||||||
| 11 | Section 1-25. Prioritization efforts. | ||||||
| 12 | (a) The Authority shall make best efforts to prioritize | ||||||
| 13 | grant applications for proposed developments as follows: | ||||||
| 14 | (1) developments that are located within an area that | ||||||
| 15 | was disproportionately affected by the COVID-19 pandemic | ||||||
| 16 | based on the number of positive COVID-19 cases; | ||||||
| 17 | (2) developments involving contracts with certified | ||||||
| 18 | disadvantaged business enterprises and certified | ||||||
| 19 | underrepresented business enterprises owned by minorities, | ||||||
| 20 | women, veterans, LGBT persons, and persons with | ||||||
| 21 | disabilities during construction; | ||||||
| 22 | (3) developments involving project labor agreements | ||||||
| 23 | with local organized labor; and | ||||||
| 24 | (4) developments involving contracts or subcontracts | ||||||
| |||||||
| |||||||
| 1 | with a registered apprenticeship program or | ||||||
| 2 | preapprenticeship program. | ||||||
| 3 | (b) The Authority shall balance the approval of projects | ||||||
| 4 | between those located within a disproportionately impacted | ||||||
| 5 | area as defined under this Act and those located in areas of | ||||||
| 6 | opportunity, as defined or recognized by the Authority.
| ||||||
| 7 | Section 1-30. Annual reporting to the General Assembly. | ||||||
| 8 | (a) The Authority shall submit an annual report to the | ||||||
| 9 | General Assembly no later than March 31 of each calendar year | ||||||
| 10 | with the first annual report due no later than March 31, 2022. | ||||||
| 11 | (b) The annual report must describe the grant program's | ||||||
| 12 | administration and the number and type of projects funded as | ||||||
| 13 | of the date of the report with the following information: | ||||||
| 14 | (1) location of projects and demographics of the | ||||||
| 15 | surrounding community; | ||||||
| 16 | (2) accessibility of projects to public | ||||||
| 17 | transportation, schools, health care, grocery stores, and | ||||||
| 18 | banking institutions; | ||||||
| 19 | (3) total number of residential units developed or | ||||||
| 20 | rehabbed per project; | ||||||
| 21 | (4) total number of affordable units developed or | ||||||
| 22 | rehabbed per project; | ||||||
| 23 | (5) total number of affordable units put into service; | ||||||
| 24 | (6) number of program applications; | ||||||
| 25 | (7) number of applications awarded; | ||||||
| |||||||
| |||||||
| 1 | (8) amount of funding awarded through the program per | ||||||
| 2 | calendar year; | ||||||
| 3 | (9) amount of funding awarded through the grant | ||||||
| 4 | program to date; | ||||||
| 5 | (10) specific data for each prioritization category | ||||||
| 6 | listed under Section 1-25; | ||||||
| 7 | (11) delays or issues with development including, but | ||||||
| 8 | not limited to, acquisition, zoning and permits, labor, | ||||||
| 9 | and materials; and | ||||||
| 10 | (12) any compliance issues with grant recipients and | ||||||
| 11 | the corrective action taken.
| ||||||
| 12 | Section 1-35. Repeal. This Act is repealed on April 1, | ||||||
| 13 | 2025.
| ||||||
| 14 | ARTICLE 5. AMENDATORY PROVISIONS | ||||||
| 15 | Section 5-5. The Illinois Housing Development Act is | ||||||
| 16 | amended by changing Section 7.28 as follows:
| ||||||
| 17 | (20 ILCS 3805/7.28)
| ||||||
| 18 | Sec. 7.28. Tax credit for donation to sponsors. The | ||||||
| 19 | Authority may administer and adopt rules
for
an affordable | ||||||
| 20 | housing tax donation credit program to provide tax credits for
| ||||||
| 21 | donations as set forth in this
Section.
| ||||||
| 22 | (a) In this Section:
| ||||||
| |||||||
| |||||||
| 1 | "Administrative housing agency" means either the Authority | ||||||
| 2 | or an agency of the City of Chicago.
| ||||||
| 3 | "Affordable housing project" means either: | ||||||
| 4 | (1) (i) a rental project in which at
least 25% of the | ||||||
| 5 | units have rents (including tenant-paid heat) that do not
| ||||||
| 6 | exceed, on a monthly basis,
maximum gross rent figures, as | ||||||
| 7 | published by the Authority, that are: | ||||||
| 8 | (i)
based
on data published annually by the U.S. | ||||||
| 9 | Department of Housing and Urban
Development; , | ||||||
| 10 | (ii) based on the annual income of households | ||||||
| 11 | earning 60% of the
area median income; , | ||||||
| 12 | (iii) computed using a 30% of gross monthly
income
| ||||||
| 13 | standard; and | ||||||
| 14 | (iv) adjusted for unit size and at least 25% of the | ||||||
| 15 | units are
occupied by persons and families whose | ||||||
| 16 | incomes do not exceed 60% of the median
family income | ||||||
| 17 | for the geographic area in which the residential unit | ||||||
| 18 | is located;
or | ||||||
| 19 | (2) (ii) a unit for sale to homebuyers whose gross | ||||||
| 20 | household income is at or
below (A) 60% of the area median | ||||||
| 21 | income (for taxable years beginning prior to January 1, | ||||||
| 22 | 2022) or (B) 120% of the area median income (for taxable | ||||||
| 23 | years beginning on or after January 1, 2022) and who pay no | ||||||
| 24 | more than 30% of their gross
household income for mortgage | ||||||
| 25 | principal, interest, property taxes, and
property | ||||||
| 26 | insurance (PITI).
| ||||||
| |||||||
| |||||||
| 1 | "Donation" means money, securities, or real or personal | ||||||
| 2 | property that is
donated to a not-for-profit sponsor that is | ||||||
| 3 | used solely for costs associated
with either (i) purchasing, | ||||||
| 4 | constructing, or rehabilitating an affordable
housing project | ||||||
| 5 | in this State, (ii) an employer-assisted housing project in
| ||||||
| 6 | this State, (iii) general operating support, or (iv) technical | ||||||
| 7 | assistance as
defined by this Section.
| ||||||
| 8 | "Employer-assisted housing project" means either | ||||||
| 9 | down-payment assistance,
reduced-interest mortgages, mortgage | ||||||
| 10 | guarantee programs, rental subsidies, or
individual | ||||||
| 11 | development account savings plans that are provided by | ||||||
| 12 | employers to
employees to assist in securing affordable | ||||||
| 13 | housing near the work place, that
are restricted to housing | ||||||
| 14 | near the work place, and that are restricted to
employees | ||||||
| 15 | whose gross household income is at or below 120% of the area | ||||||
| 16 | median
income.
| ||||||
| 17 | "General operating support" means any cost incurred by a | ||||||
| 18 | sponsor that is a
part of its general program costs and is not | ||||||
| 19 | limited to costs directly incurred
by the affordable housing | ||||||
| 20 | project.
| ||||||
| 21 | "Geographical area" means the metropolitan area or county | ||||||
| 22 | designated as an
area by the federal Department of Housing and | ||||||
| 23 | Urban Development under Section 8
of the United States Housing | ||||||
| 24 | Act of 1937, as amended, for purposes of
determining fair | ||||||
| 25 | market rental rates.
| ||||||
| 26 | "Median income" means the incomes that are determined by | ||||||
| |||||||
| |||||||
| 1 | the federal
Department of Housing and Urban Development | ||||||
| 2 | guidelines and adjusted for family
size.
| ||||||
| 3 | "Project" means an affordable housing project, an | ||||||
| 4 | employer-assisted housing
project, general operating support, | ||||||
| 5 | or technical assistance.
| ||||||
| 6 | "Sponsor" means a not-for-profit organization that (i) is | ||||||
| 7 | organized as a
not-for-profit organization under the laws of | ||||||
| 8 | this State or another
state and (1) for an affordable housing | ||||||
| 9 | project, has as one of its purposes the
development of | ||||||
| 10 | affordable housing; (2) for an employer-assisted housing
| ||||||
| 11 | project, has as one of its purposes home ownership education; | ||||||
| 12 | and (3) for a
technical assistance project, has as one of
its | ||||||
| 13 | purposes either the development of affordable housing or home | ||||||
| 14 | ownership
education; (ii) is organized
for the purpose of | ||||||
| 15 | constructing or rehabilitating affordable housing units and
| ||||||
| 16 | has
been issued a ruling from the Internal Revenue Service of | ||||||
| 17 | the United States
Department of the Treasury that the | ||||||
| 18 | organization is exempt from income taxation
under provisions | ||||||
| 19 | of the Internal Revenue Code; or (iii) is an organization
| ||||||
| 20 | designated as a community development corporation by the | ||||||
| 21 | United States
government under Title VII of the Economic | ||||||
| 22 | Opportunity Act of 1964.
| ||||||
| 23 | "Tax credit" means a tax credit allowed under Section 214 | ||||||
| 24 | of the Illinois
Income Tax Act.
| ||||||
| 25 | "Technical assistance" means any cost incurred by a | ||||||
| 26 | sponsor for project
planning, assistance with applying for | ||||||
| |||||||
| |||||||
| 1 | financing, or counseling services
provided to prospective | ||||||
| 2 | homebuyers.
| ||||||
| 3 | (b) A sponsor must apply to an administrative housing | ||||||
| 4 | agency for approval of the project. The
administrative housing
| ||||||
| 5 | agency must reserve a specific amount of tax credits for each | ||||||
| 6 | approved project.
Tax credits for general operating support | ||||||
| 7 | can only be reserved as part of a
reservation of tax credits | ||||||
| 8 | for an affordable housing project, an
employer-assisted | ||||||
| 9 | housing project, or technical assistance. No tax credits
shall | ||||||
| 10 | be allowed for a project without a reservation of such tax | ||||||
| 11 | credits by an
administrative housing agency for that project.
| ||||||
| 12 | (c) The Authority must adopt rules
establishing
criteria | ||||||
| 13 | for eligible costs and donations, issuing and verifying tax | ||||||
| 14 | credits,
and selecting projects that are eligible for a tax
| ||||||
| 15 | credit.
| ||||||
| 16 | (d) Tax credits for employer-assisted housing projects are | ||||||
| 17 | limited to
that pool of
tax credits that have been set aside | ||||||
| 18 | for employer-assisted housing. Tax
credits for general | ||||||
| 19 | operating support are limited to 10% of the total tax
credit | ||||||
| 20 | reservation for the related project (other than general | ||||||
| 21 | operating
support) and are also limited to that pool of
tax
| ||||||
| 22 | credits that have been set aside for general operating | ||||||
| 23 | support. Tax credits
for technical assistance are limited to | ||||||
| 24 | that pool of tax credits that have been
set aside for technical | ||||||
| 25 | assistance.
| ||||||
| 26 | (e) The amount of tax credits reserved by the | ||||||
| |||||||
| |||||||
| 1 | administrative housing agency
for an approved project is | ||||||
| 2 | limited to $32,850,352 in State fiscal years 2022 and 2023 $13 | ||||||
| 3 | million in the initial year and shall
increase by 5% each | ||||||
| 4 | fiscal year thereafter by 5%. The City of Chicago shall | ||||||
| 5 | receive 24.5% of total tax
credits authorized for each fiscal | ||||||
| 6 | year. The
Authority shall receive the balance of the tax | ||||||
| 7 | credits authorized for each
fiscal year. The tax credits may | ||||||
| 8 | be used anywhere in this State.
The tax
credits have the | ||||||
| 9 | following set-asides:
| ||||||
| 10 | (1) for employer-assisted housing projects, $2 | ||||||
| 11 | million; and
| ||||||
| 12 | (2) for general operating support and technical | ||||||
| 13 | assistance, $1 million.
| ||||||
| 14 | The balance of the funds must be used for affordable | ||||||
| 15 | housing
projects.
During the first 9 months of a fiscal year, | ||||||
| 16 | if an administrative housing
agency is unable to reserve the | ||||||
| 17 | tax credits set aside for the purposes
described in
subsection | ||||||
| 18 | (e), the administrative housing agency may reserve the tax | ||||||
| 19 | credits
for any approved projects.
| ||||||
| 20 | (f) The administrative housing agency that reserves tax | ||||||
| 21 | credits for an
affordable housing project must record
against | ||||||
| 22 | the land upon which the affordable housing project is located | ||||||
| 23 | an
instrument to assure that
the property maintains its | ||||||
| 24 | affordable housing compliance for a minimum of 10
years. The | ||||||
| 25 | Authority has flexibility to assure that the instrument
does
| ||||||
| 26 | not cause undue hardship on homeowners.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 92-491, eff. 8-23-01; 93-369, eff. 7-24-03.)
| ||||||
| 2 | Section 5-15. The Illinois Income Tax Act is amended by | ||||||
| 3 | changing Section 214 as follows:
| ||||||
| 4 | (35 ILCS 5/214)
| ||||||
| 5 | Sec. 214. Tax credit for affordable housing donations.
| ||||||
| 6 | (a) Beginning with taxable years ending on or after | ||||||
| 7 | December 31, 2001 and
until the taxable year ending on | ||||||
| 8 | December 31, 2026 December 31, 2021, a taxpayer who makes a
| ||||||
| 9 | donation under Section 7.28 of the Illinois Housing | ||||||
| 10 | Development Act is entitled to a credit
against the tax | ||||||
| 11 | imposed by subsections (a) and (b) of Section 201 in an amount
| ||||||
| 12 | equal
to 50% of the value of the donation. Partners, | ||||||
| 13 | shareholders of subchapter S
corporations, and owners of | ||||||
| 14 | limited liability companies (if the limited
liability company | ||||||
| 15 | is treated as a partnership for purposes of federal and State
| ||||||
| 16 | income
taxation) are entitled to a credit under this Section | ||||||
| 17 | to be determined in
accordance with the determination of | ||||||
| 18 | income and distributive share of income
under Sections 702 and | ||||||
| 19 | 703 and subchapter S of the Internal Revenue Code.
Persons or | ||||||
| 20 | entities not subject to the tax imposed by subsections (a) and | ||||||
| 21 | (b)
of Section 201 and who make a donation under Section 7.28 | ||||||
| 22 | of the Illinois
Housing Development Act are entitled to a | ||||||
| 23 | credit as described in this
subsection and may transfer that | ||||||
| 24 | credit as described in subsection (c).
| ||||||
| |||||||
| |||||||
| 1 | (b) If the amount of the credit exceeds the tax liability | ||||||
| 2 | for the year, the
excess may be carried forward and applied to | ||||||
| 3 | the tax liability of the 5 taxable
years following the excess | ||||||
| 4 | credit year. The tax credit shall be applied to the
earliest | ||||||
| 5 | year for which there is a tax liability. If there are credits | ||||||
| 6 | for
more than one year that are available to offset a | ||||||
| 7 | liability, the earlier credit
shall be applied first.
| ||||||
| 8 | (c) The transfer of the tax credit allowed under this | ||||||
| 9 | Section may be made
(i) to the purchaser of land that has been | ||||||
| 10 | designated solely for affordable
housing projects in | ||||||
| 11 | accordance with the Illinois Housing Development Act or
(ii) | ||||||
| 12 | to another donor who has also made a donation in accordance | ||||||
| 13 | with Section 7.28 of the
Illinois Housing
Development Act.
| ||||||
| 14 | (d) A taxpayer claiming the credit provided by this | ||||||
| 15 | Section must maintain
and record any information that the | ||||||
| 16 | Department may require by regulation
regarding the project for | ||||||
| 17 | which the credit is claimed.
When
claiming the credit provided | ||||||
| 18 | by this Section, the taxpayer must provide
information | ||||||
| 19 | regarding the taxpayer's donation to the project under the | ||||||
| 20 | Illinois Housing Development Act.
| ||||||
| 21 | (Source: P.A. 99-915, eff. 12-20-16.)
| ||||||
| 22 | Section 5-20. The Property Tax Code is amended by changing | ||||||
| 23 | Section 10-260 and by adding Section 15-178 as follows:
| ||||||
| 24 | (35 ILCS 200/10-260)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 10-260. Low-income housing. In determining the fair
| ||||||
| 2 | cash value of property receiving benefits from the Low-Income | ||||||
| 3 | Housing Tax
Credit authorized by Section 42 of the Internal | ||||||
| 4 | Revenue Code, 26 U.S.C. 42,
emphasis shall be given to the | ||||||
| 5 | income approach, except in those circumstances
where another | ||||||
| 6 | method is clearly more appropriate.
| ||||||
| 7 | In counties with more than 3,000,000 inhabitants, during a | ||||||
| 8 | general reassessment year in accordance with Section 9-220 or | ||||||
| 9 | at such other time that a property is reassessed, to determine | ||||||
| 10 | the fair cash value of any low-income housing project that | ||||||
| 11 | qualifies for the Low-Income Housing Tax Credit under Section | ||||||
| 12 | 42 of the Internal Revenue Code: (i) in assessing any building | ||||||
| 13 | with 7 or more units, the assessment officer must consider the | ||||||
| 14 | actual or projected net operating income attributable to the | ||||||
| 15 | property, capitalized at rates for similarly encumbered | ||||||
| 16 | Section 42 properties; and (ii) in assessing any building with | ||||||
| 17 | 6 units or less, the assessment officer, prior to finalizing | ||||||
| 18 | and certifying assessments to the Board of Review, shall | ||||||
| 19 | reassess the building considering the actual or projected net | ||||||
| 20 | operating income attributable to the property, capitalized at | ||||||
| 21 | rates for similarly encumbered Section 42 properties. The | ||||||
| 22 | capitalization rate for items (i) and (ii) shall be one that | ||||||
| 23 | reflects the prevailing cost of capital for other types of | ||||||
| 24 | similarly encumbered Section 42 properties in the geographic | ||||||
| 25 | market in which the low-income housing project is located. | ||||||
| 26 | All low-income housing projects that seek to be assessed | ||||||
| |||||||
| |||||||
| 1 | in accordance with the provisions of this Section shall | ||||||
| 2 | certify to the appropriate local assessment officer that the | ||||||
| 3 | owner or owners qualify for the Low-Income Housing Tax Credit | ||||||
| 4 | under Section 42 of the Internal Revenue Code for the | ||||||
| 5 | property, in a form prescribed by that assessment officer. | ||||||
| 6 | (Source: P.A. 91-502, eff. 8-13-99; 92-16, eff. 6-28-01.)
| ||||||
| 7 | (35 ILCS 200/15-178 new) | ||||||
| 8 | Sec. 15-178. Reduction in assessed value for affordable | ||||||
| 9 | rental housing construction or rehabilitation. | ||||||
| 10 | (a) The General Assembly finds that there is a shortage of | ||||||
| 11 | high quality affordable rental homes for low-income and | ||||||
| 12 | very-low-income households throughout Illinois; that owners | ||||||
| 13 | and developers of rental housing face significant challenges | ||||||
| 14 | building newly constructed apartments or undertaking | ||||||
| 15 | rehabilitation of existing properties that results in rents | ||||||
| 16 | that are affordable for low-income and very-low-income | ||||||
| 17 | households; and that it will help Cook County and other parts | ||||||
| 18 | of Illinois address the extreme shortage of affordable rental | ||||||
| 19 | housing by developing a Statewide policy to determine the | ||||||
| 20 | assessed value for newly constructed and rehabilitated | ||||||
| 21 | affordable rental housing that both encourages investment and | ||||||
| 22 | incentivizes property owners to keep rents affordable. | ||||||
| 23 | (b) Each chief county assessment officer shall implement | ||||||
| 24 | special assessment programs to reduce the assessed value of | ||||||
| 25 | all eligible newly constructed residential real property or | ||||||
| |||||||
| |||||||
| 1 | qualifying rehabilitation to all eligible existing residential | ||||||
| 2 | real property in accordance with subsection (c) for 10 taxable | ||||||
| 3 | years after the newly constructed residential real property or | ||||||
| 4 | improvements to existing residential real property are put in | ||||||
| 5 | service. Any county with less than 3,000,000 inhabitants may | ||||||
| 6 | decide not to implement one or both of the special assessment | ||||||
| 7 | programs defined in in subparagraph (1) of subsection (c) of | ||||||
| 8 | this Section and subparagraph (2) of subsection (c) of this | ||||||
| 9 | Section upon passage of an ordinance by a majority vote of the | ||||||
| 10 | county board. Subsequent to a vote to opt out of this special | ||||||
| 11 | assessment program, any county with less than 3,000,000 | ||||||
| 12 | inhabitants may decide to implement one or both of the special | ||||||
| 13 | assessment programs defined in in subparagraph (1) of | ||||||
| 14 | subsection (c) of this Section and subparagraph (2) of | ||||||
| 15 | subsection (c) of this Section upon passage of an ordinance by | ||||||
| 16 | a majority vote of the county board. Property is eligible for | ||||||
| 17 | the special assessment program if and only if all of the | ||||||
| 18 | following factors have been met: | ||||||
| 19 | (1) at the conclusion of the new construction or
| ||||||
| 20 | qualifying rehabilitation, the property consists of a | ||||||
| 21 | newly constructed multifamily building containing 7 or | ||||||
| 22 | more rental dwelling units or an existing multifamily | ||||||
| 23 | building that has undergone qualifying rehabilitation | ||||||
| 24 | resulting in 7 or more rental dwelling units; and | ||||||
| 25 | (2) the property meets the application requirements | ||||||
| 26 | defined in subsection (f). | ||||||
| |||||||
| |||||||
| 1 | (c) For those counties that are required to implement the | ||||||
| 2 | special assessment program and do not opt out of such special | ||||||
| 3 | assessment program, the chief county assessment officer for | ||||||
| 4 | that county shall require that residential real property is | ||||||
| 5 | eligible for the special assessment program if and only if one | ||||||
| 6 | of the additional factors have been met: | ||||||
| 7 | (1) except as defined in subparagraphs (E), (F), and
| ||||||
| 8 | (G) of paragraph (5) of subsection (f) of this Section,
| ||||||
| 9 | prior to the newly constructed residential real property
| ||||||
| 10 | or improvements to existing residential real property
| ||||||
| 11 | being put in service, the owner of the residential real | ||||||
| 12 | property commits that, for a period of 10 years, at least
| ||||||
| 13 | 15% of the multifamily building's units will have rents as
| ||||||
| 14 | defined in this Section that are at or below maximum rents
| ||||||
| 15 | and are occupied by households with household incomes at | ||||||
| 16 | or below maximum income limits; or | ||||||
| 17 | (2) except as defined in subparagraphs (E), (F), and
| ||||||
| 18 | (G) of paragraph (5) of subsection (f) of this Section,
| ||||||
| 19 | prior to the newly constructed residential real property | ||||||
| 20 | located in a low affordability community being
put in | ||||||
| 21 | service, the owner of the residential real property
| ||||||
| 22 | commits that, for a period of 30 years after the newly
| ||||||
| 23 | constructed residential real property or improvements to
| ||||||
| 24 | existing residential real property are put in service, at
| ||||||
| 25 | least 20% of the multifamily building's units will have
| ||||||
| 26 | rents as defined in this Section that are at or below
| ||||||
| |||||||
| |||||||
| 1 | maximum rents and are occupied by households with | ||||||
| 2 | household incomes at or below maximum income limits. | ||||||
| 3 | If a reduction in assessed value is granted under one | ||||||
| 4 | special assessment program provided for in this Section, then | ||||||
| 5 | that same residential real property is not eligible for an | ||||||
| 6 | additional special assessment program under this Section at | ||||||
| 7 | the same time. | ||||||
| 8 | (d) The amount of the reduction in assessed value for | ||||||
| 9 | residential real property meeting the conditions set forth in | ||||||
| 10 | subparagraph (1) of subsection (c) shall be calculated as | ||||||
| 11 | follows: | ||||||
| 12 | (1) if the owner of the residential real property | ||||||
| 13 | commits for a period of at least 10 years that at least 15% | ||||||
| 14 | but fewer than 35% of the multifamily building's units | ||||||
| 15 | have rents at or below maximum rents and are occupied by | ||||||
| 16 | households with household incomes at or below maximum | ||||||
| 17 | income limits, the assessed value of the property used to | ||||||
| 18 | calculate the tax bill shall be reduced by an amount equal | ||||||
| 19 | to 25% of the assessed value of the property as determined | ||||||
| 20 | by the assessor for the property in the current taxable | ||||||
| 21 | year for the newly constructed residential real property | ||||||
| 22 | or based on the improvements to an existing residential | ||||||
| 23 | real property; and | ||||||
| 24 | (2) if the owner of the residential real property | ||||||
| 25 | commits for a period of at least 10 years that at least 35% | ||||||
| 26 | of the multifamily building's units have rents at or below | ||||||
| |||||||
| |||||||
| 1 | maximum rents and are occupied by households with | ||||||
| 2 | household incomes at or below maximum income limits, the | ||||||
| 3 | assessed value of the property used to calculate the tax | ||||||
| 4 | bill shall be reduced by an amount equal to 35% of the | ||||||
| 5 | assessed value of the property as determined by the | ||||||
| 6 | assessor for the property in the current assessment year | ||||||
| 7 | for the newly constructed residential real property or | ||||||
| 8 | based on the improvements to an existing residential real | ||||||
| 9 | property. | ||||||
| 10 | (e) The amount of the reduction for residential real | ||||||
| 11 | property meeting the conditions set forth in subparagraph (2) | ||||||
| 12 | of subsection (c) shall be calculated as follows: | ||||||
| 13 | (1) for the first, second, and third taxable year | ||||||
| 14 | after the residential real property is placed in service, | ||||||
| 15 | the residential real property is entitled to a reduction | ||||||
| 16 | in its assessed value in an amount equal to the difference | ||||||
| 17 | between the assessed value in the year for which the | ||||||
| 18 | incentive is sought and the assessed value for the | ||||||
| 19 | residential real property in the base year; | ||||||
| 20 | (2) for the fourth, fifth, and sixth taxable year | ||||||
| 21 | after the residential real property is placed in service, | ||||||
| 22 | the property is entitled to a reduction in its assessed | ||||||
| 23 | value in an amount equal to 80% of the difference between | ||||||
| 24 | the assessed value in the year for which the incentive is | ||||||
| 25 | sought and the assessed value for the residential real | ||||||
| 26 | property in the base year; | ||||||
| |||||||
| |||||||
| 1 | (3) for the seventh, eighth, and ninth taxable year | ||||||
| 2 | after the property is placed in service, the residential | ||||||
| 3 | real property is entitled to a reduction in its assessed | ||||||
| 4 | value in an amount equal to 60% of the difference between | ||||||
| 5 | the assessed value in the year for which the incentive is | ||||||
| 6 | sought and the assessed value for the residential real | ||||||
| 7 | property in the base year; | ||||||
| 8 | (4) for the tenth, eleventh, and twelfth taxable year | ||||||
| 9 | after the residential real property is placed in service, | ||||||
| 10 | the residential real property is entitled to a reduction | ||||||
| 11 | in its assessed value in an amount equal to 40% of the | ||||||
| 12 | difference between the assessed value in the year for | ||||||
| 13 | which the incentive is sought and the assessed value for | ||||||
| 14 | the residential real property in the base year; and | ||||||
| 15 | (5) for the thirteenth through the thirtieth taxable | ||||||
| 16 | year after the residential real property is placed in | ||||||
| 17 | service, the residential real property is entitled to a | ||||||
| 18 | reduction in its assessed value in an amount equal to 20% | ||||||
| 19 | of the difference between the assessed value in the year | ||||||
| 20 | for which the incentive is sought and the assessed value | ||||||
| 21 | for the residential real property in the base year. | ||||||
| 22 | (f) Application requirements. | ||||||
| 23 | (1) In order to receive the reduced valuation under | ||||||
| 24 | this Section, the owner must submit an application | ||||||
| 25 | containing the following information to the chief county | ||||||
| 26 | assessment officer for review in the form and by the date | ||||||
| |||||||
| |||||||
| 1 | required by the chief county assessment officer: | ||||||
| 2 | (A) the owner's name; | ||||||
| 3 | (B) the postal address and permanent index number | ||||||
| 4 | or numbers of the parcel or parcels for which the owner | ||||||
| 5 | is applying to receive reduced valuation under this | ||||||
| 6 | Section; | ||||||
| 7 | (C) a deed or other instrument conveying the | ||||||
| 8 | parcel or parcels to the current owner; | ||||||
| 9 | (D) written evidence that the new construction or | ||||||
| 10 | qualifying rehabilitation has been completed with | ||||||
| 11 | respect to the residential real property, including, | ||||||
| 12 | but not limited to, copies of building permits, a | ||||||
| 13 | notarized contractor's sworn affidavit, and | ||||||
| 14 | photographs of the interior and exterior of the | ||||||
| 15 | building after new construction or rehabilitation is | ||||||
| 16 | completed; | ||||||
| 17 | (E) written evidence that the residential real | ||||||
| 18 | property meets local building codes, or if there are | ||||||
| 19 | no local building codes, Housing Quality Standards, as | ||||||
| 20 | determined by the United States Department of Housing | ||||||
| 21 | and Urban Development; | ||||||
| 22 | (F) a list identifying the affordable units in | ||||||
| 23 | residential real property and a written statement that | ||||||
| 24 | the affordable units are comparable to the market rate | ||||||
| 25 | units in terms of unit type, number of bedrooms per | ||||||
| 26 | unit, quality of exterior appearance, energy | ||||||
| |||||||
| |||||||
| 1 | efficiency, and overall quality of construction; | ||||||
| 2 | (G) a written schedule certifying the rents in | ||||||
| 3 | each affordable unit and a written statement that | ||||||
| 4 | these rents do not exceed the maximum rents allowable | ||||||
| 5 | for the area in which the residential real property is | ||||||
| 6 | located; | ||||||
| 7 | (H) documentation from the administering agency | ||||||
| 8 | verifying the owner's participation in a qualifying | ||||||
| 9 | income-based rental subsidy program as defined in | ||||||
| 10 | subsection (e) of this Section if units receiving | ||||||
| 11 | rental subsidies are to be counted among the | ||||||
| 12 | affordable units in order to meet the thresholds | ||||||
| 13 | defined in this Section; | ||||||
| 14 | (I) a written statement identifying the household | ||||||
| 15 | income for every household occupying an affordable | ||||||
| 16 | unit and certifying that the household income does not | ||||||
| 17 | exceed the maximum income limits allowable for the | ||||||
| 18 | area in which the residential real property is | ||||||
| 19 | located; | ||||||
| 20 | (J) a written statement that the owner has | ||||||
| 21 | verified and retained documentation of household | ||||||
| 22 | income for every household occupying an affordable | ||||||
| 23 | unit; and | ||||||
| 24 | (K) any additional information consistent with | ||||||
| 25 | this Section as reasonably required by the chief | ||||||
| 26 | county assessment officer, including, but not limited | ||||||
| |||||||
| |||||||
| 1 | to, any information necessary to ensure compliance | ||||||
| 2 | with applicable local ordinances and to ensure the | ||||||
| 3 | owner is complying with the provisions of subparagraph | ||||||
| 4 | (F) of paragraph (4) of subsection (d) of this | ||||||
| 5 | Section. | ||||||
| 6 | (1.1) In order for a development to receive the | ||||||
| 7 | reduced valuation under subsection (e), the owner must | ||||||
| 8 | provide evidence to the county assessor's office of a | ||||||
| 9 | fully executed project labor agreement entered into with | ||||||
| 10 | the applicable local building trades council, prior to | ||||||
| 11 | commencement of any and all construction, building, | ||||||
| 12 | renovation, demolition, or any material change to the | ||||||
| 13 | structure or land. | ||||||
| 14 | (2) The application requirements contained in | ||||||
| 15 | paragraph (1) of subsection (f) are continuing | ||||||
| 16 | requirements for the duration of the reduction in assessed | ||||||
| 17 | value received and may be annually or periodically | ||||||
| 18 | verified by the chief county assessment officer for the | ||||||
| 19 | county whereby the benefit is being issued. | ||||||
| 20 | (3) In lieu of submitting an application containing | ||||||
| 21 | the information prescribed in paragraph (1) of subsection | ||||||
| 22 | (f), the chief county assessment officer may allow for | ||||||
| 23 | submission of a substantially similar certification | ||||||
| 24 | granted by the Illinois Housing Development Authority or a | ||||||
| 25 | comparable local authority provided that the chief county | ||||||
| 26 | assessment officer independently verifies the veracity of | ||||||
| |||||||
| |||||||
| 1 | the certification with the Illinois Housing Development | ||||||
| 2 | Authority or comparable local authority. | ||||||
| 3 | (4) The chief county assessment officer shall notify | ||||||
| 4 | the owner as to whether or not the property meets the | ||||||
| 5 | requirements of this Section. If the property does not | ||||||
| 6 | meet the requirements of this Section, the chief county | ||||||
| 7 | assessment officer shall provide written notice of any | ||||||
| 8 | deficiencies to the owner, who shall then have 30 days | ||||||
| 9 | from the date of notification to provide supplemental | ||||||
| 10 | information showing compliance with this Section. The | ||||||
| 11 | chief county assessment officer shall, in its discretion, | ||||||
| 12 | grant additional time to cure any deficiency. If the owner | ||||||
| 13 | does not exercise this right to cure the deficiency, or if | ||||||
| 14 | the information submitted, in the sole judgment of the | ||||||
| 15 | chief county assessment officer, is insufficient to meet | ||||||
| 16 | the requirements of this Section, the chief county | ||||||
| 17 | assessment officer shall provide a written explanation of | ||||||
| 18 | the reasons for denial. | ||||||
| 19 | (5) The chief county assessment officer may charge a | ||||||
| 20 | reasonable application fee to offset the administrative | ||||||
| 21 | expenses associated with the program. | ||||||
| 22 | (6) The reduced valuation conferred by this Section is | ||||||
| 23 | limited as follows: | ||||||
| 24 | (A) The owner is eligible to apply for the reduced | ||||||
| 25 | valuation conferred by this Section beginning in the | ||||||
| 26 | first assessment year after the effective date of this | ||||||
| |||||||
| |||||||
| 1 | amendatory Act of the 102nd General Assembly through | ||||||
| 2 | December 31, 2027. If approved, the reduction will be | ||||||
| 3 | effective for the current assessment year, which will | ||||||
| 4 | be reflected in the tax bill issued in the following | ||||||
| 5 | calendar year. Owners that are approved for the | ||||||
| 6 | reduced valuation under paragraph (1) of subsection | ||||||
| 7 | (c) of this Section before December 31, 2027 shall, at | ||||||
| 8 | minimum, be eligible for annual renewal of the reduced | ||||||
| 9 | valuation during an initial 10-year period if annual | ||||||
| 10 | certification requirements are met for each of the 10 | ||||||
| 11 | years, as described in subparagraph (B) of paragraph | ||||||
| 12 | (4) of subsection (d) of this Section. | ||||||
| 13 | (B) Property receiving a reduction outlined in | ||||||
| 14 | paragraph (1) of subsection (c) of this Section shall | ||||||
| 15 | continue to be eligible for an initial period of up to | ||||||
| 16 | 10 years if annual certification requirements are met | ||||||
| 17 | for each of the 10 years, but shall be extended for up | ||||||
| 18 | to 2 additional 10-year periods with annual renewals | ||||||
| 19 | if the owner continues to meet the requirements of | ||||||
| 20 | this Section, including annual certifications, and | ||||||
| 21 | excluding the requirements regarding new construction | ||||||
| 22 | or qualifying rehabilitation defined in subparagraph | ||||||
| 23 | (D) of paragraph (1) of this subsection. | ||||||
| 24 | (C) The annual certification materials in the year | ||||||
| 25 | prior to final year of eligibility for the reduction | ||||||
| 26 | in assessed value must include a dated copy of the | ||||||
| |||||||
| |||||||
| 1 | written notice provided to tenants informing them of | ||||||
| 2 | the date of the termination if the owner is not seeking | ||||||
| 3 | a renewal. | ||||||
| 4 | (D) If the property is sold or transferred, the | ||||||
| 5 | purchaser or transferee must comply with all | ||||||
| 6 | requirements of this Section, excluding the | ||||||
| 7 | requirements regarding new construction or qualifying | ||||||
| 8 | rehabilitation defined in subparagraph (D) of | ||||||
| 9 | paragraph (1) of this subsection, in order to continue | ||||||
| 10 | receiving the reduction in assessed value. Purchasers | ||||||
| 11 | and transferees who comply with all requirements of | ||||||
| 12 | this Section excluding the requirements regarding new | ||||||
| 13 | construction or qualifying rehabilitation defined in | ||||||
| 14 | subparagraph (D) of paragraph (1) of this subsection | ||||||
| 15 | are eligible to apply for renewal on the schedule set | ||||||
| 16 | by the initial application. | ||||||
| 17 | (E) The owner may apply for the reduced valuation | ||||||
| 18 | if the residential real property meets all | ||||||
| 19 | requirements of this Section and the newly constructed | ||||||
| 20 | residential real property or improvements to existing | ||||||
| 21 | residential real property were put in service on or | ||||||
| 22 | after January 1, 2015. However, the initial 10-year | ||||||
| 23 | eligibility period or 30-year eligibility period, | ||||||
| 24 | depending on the applicable program, shall be reduced | ||||||
| 25 | by the number of years between the placed in service | ||||||
| 26 | date and the date the owner first receives this | ||||||
| |||||||
| |||||||
| 1 | reduced valuation. | ||||||
| 2 | (F) The owner may apply for the reduced valuation | ||||||
| 3 | within 2 years after the newly constructed residential | ||||||
| 4 | real property or improvements to existing residential | ||||||
| 5 | real property are put in service. However, the initial | ||||||
| 6 | 10-year eligibility period or 30-year eligibility | ||||||
| 7 | period, depending on the applicable program, shall be | ||||||
| 8 | reduced for the number of years between the placed in | ||||||
| 9 | service date and the date the owner first receives | ||||||
| 10 | this reduced valuation. | ||||||
| 11 | (G) Owners of a multifamily building receiving a | ||||||
| 12 | reduced valuation through the Cook County Class 9 | ||||||
| 13 | program during the year in which this amendatory Act | ||||||
| 14 | of the 102nd General Assembly takes effect shall be | ||||||
| 15 | deemed automatically eligible for the reduced | ||||||
| 16 | valuation defined in paragraph (1) of subsection (c) | ||||||
| 17 | of this Section in terms of meeting the criteria for | ||||||
| 18 | new construction or substantial rehabilitation for a | ||||||
| 19 | specific multifamily building regardless of when the | ||||||
| 20 | newly constructed residential real property or | ||||||
| 21 | improvements to existing residential real property | ||||||
| 22 | were put in service. If a Cook County Class 9 owner had | ||||||
| 23 | Class 9 status revoked on or after January 1, 2017 but | ||||||
| 24 | can provide documents sufficient to prove that the | ||||||
| 25 | revocation was in error or any deficiencies leading to | ||||||
| 26 | the revocation have been cured, the chief county | ||||||
| |||||||
| |||||||
| 1 | assessment officer may deem the owner to be eligible. | ||||||
| 2 | However, owners may not receive both the reduced | ||||||
| 3 | valuation under this Section and the reduced valuation | ||||||
| 4 | under the Cook County Class 9 program in any single | ||||||
| 5 | assessment year. In addition, the number of years | ||||||
| 6 | during which an owner has participated in the Class 9 | ||||||
| 7 | program shall count against the 3 10-year periods of | ||||||
| 8 | eligibility for the reduced valuation as defined in | ||||||
| 9 | subparagraph (1) of subsection (c) of this Section. | ||||||
| 10 | (H) At the completion of the assessment reduction | ||||||
| 11 | period described in this Section: the entire parcel | ||||||
| 12 | will be assessed as otherwise provided by law. | ||||||
| 13 | (e) For the purposes of this Section, | ||||||
| 14 | "Affordable units" means units that have rents that do not | ||||||
| 15 | exceed the maximum rents as defined in this Section. | ||||||
| 16 | "Assessed value for the residential real property in the | ||||||
| 17 | base year" means the value in effect at the end of the taxable | ||||||
| 18 | year prior to the latter of: (1) the date of initial | ||||||
| 19 | application; or (2) the date on which 20% of the total number | ||||||
| 20 | of units in the property are occupied by eligible tenants | ||||||
| 21 | paying eligible rent under this Section. | ||||||
| 22 | "Household income" includes the annual income for all the | ||||||
| 23 | people who occupy a housing unit that is anticipated to be | ||||||
| 24 | received from a source outside of the family during the | ||||||
| 25 | 12-month period following admission or the annual | ||||||
| 26 | recertification, including related family members and all the | ||||||
| |||||||
| |||||||
| 1 | unrelated people who share the housing unit. Household income | ||||||
| 2 | includes the sum total of the following income sources: wages, | ||||||
| 3 | salaries and tips before any payroll deductions; net business | ||||||
| 4 | income; interest and dividends; payments in lieu of earnings, | ||||||
| 5 | such as unemployment and disability compensation, worker's | ||||||
| 6 | compensation and severance pay; Social Security income, | ||||||
| 7 | including lump-sum payments; payments from insurance policies, | ||||||
| 8 | annuities, pensions, disability benefits and other types of | ||||||
| 9 | periodic payments, alimony, child support, and other regular | ||||||
| 10 | monetary contributions; and public assistance, except for | ||||||
| 11 | assistance from the Supplemental Nutrition Assistance Program | ||||||
| 12 | (SNAP). "Household income" does not include: earnings of | ||||||
| 13 | children under age 18; temporary income such as cash gifts; | ||||||
| 14 | reimbursement for medical expenses; lump-sums from | ||||||
| 15 | inheritance, insurance payments, settlements for personal or | ||||||
| 16 | property losses; student financial assistance paid directly to | ||||||
| 17 | the student or to an educational institution; foster child | ||||||
| 18 | care payments; receipts from government-funded training | ||||||
| 19 | programs; assistance from the Supplemental Nutrition | ||||||
| 20 | Assistance Program (SNAP). | ||||||
| 21 | "Low affordability community" means (1) a municipality or | ||||||
| 22 | jurisdiction in which 40% or less of its total year-round | ||||||
| 23 | housing units are affordable, as determined by the Illinois | ||||||
| 24 | Housing Development Authority during the exemption | ||||||
| 25 | determination process under the Affordable Housing Planning | ||||||
| 26 | and Appeal Act; or (2) a jurisdiction located in a | ||||||
| |||||||
| |||||||
| 1 | municipality with 1,000,000 or more inhabitants that has been | ||||||
| 2 | designated as a low affordability community by passage of a | ||||||
| 3 | local ordinance by that municipality, specifying the census | ||||||
| 4 | tract or property by permanent index number or numbers. | ||||||
| 5 | "Maximum income limits" means the maximum regular income | ||||||
| 6 | limits for 60% of area median income for the geographic area in | ||||||
| 7 | which the multifamily building is located for multifamily | ||||||
| 8 | programs as determined by the United States Department of | ||||||
| 9 | Housing and Urban Development and published annually by the | ||||||
| 10 | Illinois Housing Development Authority. | ||||||
| 11 | "Maximum rent" means the maximum regular rent for 60% of | ||||||
| 12 | the area median income for the geographic area in which the | ||||||
| 13 | multifamily building is located for multifamily programs as | ||||||
| 14 | determined by the United States Department of Housing and | ||||||
| 15 | Urban Development and published annually by the Illinois | ||||||
| 16 | Housing Development Authority. To be eligible for the reduced | ||||||
| 17 | valuation defined in this Section, maximum rents are to be | ||||||
| 18 | consistent with the Illinois Housing Development Authority's | ||||||
| 19 | rules; or if the owner is leasing an affordable unit to a | ||||||
| 20 | household with an income at or below the maximum income limit | ||||||
| 21 | who is participating in qualifying income-based rental subsidy | ||||||
| 22 | program, "maximum rent" means the maximum rents allowable | ||||||
| 23 | under the guidelines of the qualifying income-based rental | ||||||
| 24 | subsidy program. | ||||||
| 25 | "Qualifying income-based rental subsidy program" means a | ||||||
| 26 | Housing Choice Voucher issued by a housing authority under | ||||||
| |||||||
| |||||||
| 1 | Section 8 of the United States Housing Act of 1937, a tenant | ||||||
| 2 | voucher converted to a project-based voucher by a housing | ||||||
| 3 | authority or any other program administered or funded by a | ||||||
| 4 | housing authority, the Illinois Housing Development Authority, | ||||||
| 5 | another State agency, a federal agency, or a unit of local | ||||||
| 6 | government where participation is limited to households with | ||||||
| 7 | incomes at or below the maximum income limits as defined in | ||||||
| 8 | this Section and the tenants' portion of the rent payment is | ||||||
| 9 | based on a percentage of their income or a flat amount that | ||||||
| 10 | does not exceed the maximum rent as defined in this Section. | ||||||
| 11 | "Qualifying rehabilitation" means, at a minimum, | ||||||
| 12 | compliance with local building codes and the replacement or | ||||||
| 13 | renovation of at least 2 primary building systems to be | ||||||
| 14 | approved for the reduced valuation under paragraph (1) of | ||||||
| 15 | subsection (d) of this Section and at least 5 primary building | ||||||
| 16 | systems to be approved for the reduced valuation under | ||||||
| 17 | paragraph (2) of subsection (d) of this Section. Although the | ||||||
| 18 | cost of each primary building system may vary, to be approved | ||||||
| 19 | for the reduced valuation under paragraph (1) of subsection | ||||||
| 20 | (d) of this Section, the combined expenditure for making the | ||||||
| 21 | building compliant with local codes and replacing primary | ||||||
| 22 | building systems must be at least $8 per square foot for work | ||||||
| 23 | completed between January 1 of the year in which this | ||||||
| 24 | amendatory Act of the 102nd General Assembly takes effect and | ||||||
| 25 | December 31 of the year in which this amendatory Act of the | ||||||
| 26 | 102nd General Assembly takes effect and, in subsequent years, | ||||||
| |||||||
| |||||||
| 1 | $8 adjusted by the Consumer Price Index for All Urban | ||||||
| 2 | Consumers, as published annually by the U.S. Department of | ||||||
| 3 | Labor. To be approved for the reduced valuation under | ||||||
| 4 | paragraph (2) of subsection (d) of this Section, the combined | ||||||
| 5 | expenditure for making the building compliant with local codes | ||||||
| 6 | and replacing primary building systems must be at least $12.50 | ||||||
| 7 | per square foot for work completed between January 1 of the | ||||||
| 8 | year in which this amendatory Act of the 102nd General | ||||||
| 9 | Assembly takes effect and December 31 of the year in which this | ||||||
| 10 | amendatory Act of the 102nd General Assembly takes effect, and | ||||||
| 11 | in subsequent years, $12.50 adjusted by the Consumer Price | ||||||
| 12 | Index for All Urban Consumers, as published annually by the | ||||||
| 13 | U.S. Department of Labor. To be approved for the reduced | ||||||
| 14 | valuation under subsection (e) of this Section, the combined | ||||||
| 15 | expenditure for making the building compliant with local codes | ||||||
| 16 | and replacing primary building systems must be at least $60 | ||||||
| 17 | per square foot for work completed between January 1 of the | ||||||
| 18 | year that this amendatory Act of the 102nd General Assembly | ||||||
| 19 | becomes effective and December 31 of the year that this | ||||||
| 20 | amendatory Act of the 102nd General Assembly becomes effective | ||||||
| 21 | and, in subsequent years, $60 adjusted by the Consumer Price | ||||||
| 22 | Index for All Urban Consumers, as published annually by the | ||||||
| 23 | U.S. Department of Labor. "Primary building systems", together | ||||||
| 24 | with their related rehabilitations, specifically approved for | ||||||
| 25 | this program are: | ||||||
| 26 | (1) Electrical. All electrical work must comply with | ||||||
| |||||||
| |||||||
| 1 | applicable codes; it may consist of a combination of any | ||||||
| 2 | of the following alternatives: | ||||||
| 3 | (A) installing individual equipment and appliance | ||||||
| 4 | branch circuits as required by code (the minimum being | ||||||
| 5 | a kitchen appliance branch circuit); | ||||||
| 6 | (B) installing a new emergency service, including | ||||||
| 7 | emergency lighting with all associated conduits and | ||||||
| 8 | wiring; | ||||||
| 9 | (C) rewiring all existing feeder conduits ("home | ||||||
| 10 | runs") from the main switchgear to apartment area | ||||||
| 11 | distribution panels; | ||||||
| 12 | (D) installing new in-wall conduits for | ||||||
| 13 | receptacles, switches, appliances, equipment, and | ||||||
| 14 | fixtures; | ||||||
| 15 | (E) replacing power wiring for receptacles, | ||||||
| 16 | switches, appliances, equipment, and fixtures; | ||||||
| 17 | (F) installing new light fixtures throughout the | ||||||
| 18 | building including closets and central areas; | ||||||
| 19 | (G) replacing, adding, or doing work as necessary | ||||||
| 20 | to bring all receptacles, switches, and other | ||||||
| 21 | electrical devices into code compliance; | ||||||
| 22 | (H) installing a new main service, including | ||||||
| 23 | conduit, cables into the building, and main disconnect | ||||||
| 24 | switch; and | ||||||
| 25 | (I) installing new distribution panels, including | ||||||
| 26 | all panel wiring, terminals, circuit breakers, and all | ||||||
| |||||||
| |||||||
| 1 | other panel devices. | ||||||
| 2 | (2) Heating. All heating work must comply with | ||||||
| 3 | applicable codes; it may consist of a combination of any | ||||||
| 4 | of the following alternatives: | ||||||
| 5 | (A) installing a new system to replace one of the | ||||||
| 6 | following heat distribution systems: | ||||||
| 7 | (i) piping and heat radiating units, including | ||||||
| 8 | new main line venting and radiator venting; or | ||||||
| 9 | (ii) duct work, diffusers, and cold air | ||||||
| 10 | returns; or | ||||||
| 11 | (iii) any other type of existing heat | ||||||
| 12 | distribution and radiation/diffusion components; | ||||||
| 13 | or | ||||||
| 14 | (B) installing a new system to replace one of the | ||||||
| 15 | following heat generating units: | ||||||
| 16 | (i) hot water/steam boiler; | ||||||
| 17 | (ii) gas furnace; or | ||||||
| 18 | (iii) any other type of existing heat | ||||||
| 19 | generating unit. | ||||||
| 20 | (3) Plumbing. All plumbing work must comply with | ||||||
| 21 | applicable codes. Replace all or a part of the in-wall | ||||||
| 22 | supply and waste plumbing; however, main supply risers, | ||||||
| 23 | waste stacks and vents, and code-conforming waste lines | ||||||
| 24 | need not be replaced. | ||||||
| 25 | (4) Roofing. All roofing work must comply with | ||||||
| 26 | applicable codes; it may consist of either of the | ||||||
| |||||||
| |||||||
| 1 | following alternatives, separately or in combination: | ||||||
| 2 | (A) replacing all rotted roof decks and | ||||||
| 3 | insulation; or | ||||||
| 4 | (B) replacing or repairing leaking roof membranes | ||||||
| 5 | (10% is the suggested minimum replacement of | ||||||
| 6 | membrane); restoration of the entire roof is an | ||||||
| 7 | acceptable substitute for membrane replacement. | ||||||
| 8 | (5) Exterior doors and windows. Replace the exterior | ||||||
| 9 | doors and windows. Renovation of ornate entry doors is an | ||||||
| 10 | acceptable substitute for replacement. | ||||||
| 11 | (6) Floors, walls, and ceilings. Finishes must be | ||||||
| 12 | replaced or covered over with new material. Acceptable | ||||||
| 13 | replacement or covering materials are as follows: | ||||||
| 14 | (A) floors must have new carpeting, vinyl tile, | ||||||
| 15 | ceramic, refurbished wood finish, or a similar | ||||||
| 16 | substitute; | ||||||
| 17 | (B) walls must have new drywall, including joint | ||||||
| 18 | taping and painting; or | ||||||
| 19 | (C) new ceilings must be either drywall, suspended | ||||||
| 20 | type, or a similar material. | ||||||
| 21 | (7) Exterior walls. | ||||||
| 22 | (A) replace loose or crumbling mortar and masonry | ||||||
| 23 | with new material; | ||||||
| 24 | (B) replace or paint wall siding and trim as | ||||||
| 25 | needed; | ||||||
| 26 | (C) bring porches and balconies to a sound | ||||||
| |||||||
| |||||||
| 1 | condition; or | ||||||
| 2 | (D) any combination of (A), (B), and (C). | ||||||
| 3 | (8) Elevators. Where applicable, at least 4 of the | ||||||
| 4 | following 7 alternatives must be accomplished: | ||||||
| 5 | (A) replace or rebuild the machine room controls | ||||||
| 6 | and refurbish the elevator machine (or equivalent | ||||||
| 7 | mechanisms in the case of hydraulic elevators); | ||||||
| 8 | (B) replace hoistway electro-mechanical items | ||||||
| 9 | including: ropes, switches, limits, buffers, levelers, | ||||||
| 10 | and deflector sheaves (or equivalent mechanisms in the | ||||||
| 11 | case of hydraulic elevators); | ||||||
| 12 | (C) replace hoistway wiring; | ||||||
| 13 | (D) replace door operators and linkage; | ||||||
| 14 | (E) replace door panels at each opening; | ||||||
| 15 | (F) replace hall stations, car stations, and | ||||||
| 16 | signal fixtures; or | ||||||
| 17 | (G) rebuild the car shell and refinish the | ||||||
| 18 | interior. | ||||||
| 19 | (9) Health and safety. | ||||||
| 20 | (A) Install or replace fire suppression systems; | ||||||
| 21 | (B) install or replace security systems; or | ||||||
| 22 | (C) environmental remediation of lead-based paint, | ||||||
| 23 | asbestos, leaking underground storage tanks, or radon. | ||||||
| 24 | (10) Energy conservation improvements undertaken to | ||||||
| 25 | limit the amount of solar energy absorbed by a building's | ||||||
| 26 | roof or to reduce energy use for the property, including, | ||||||
| |||||||
| |||||||
| 1 | but not limited to, any of the following activities: | ||||||
| 2 | (A) installing or replacing reflective roof | ||||||
| 3 | coatings (flat roofs); | ||||||
| 4 | (B) installing or replacing R-49 roof insulation; | ||||||
| 5 | (C) installing or replacing R-19 perimeter wall | ||||||
| 6 | insulation; | ||||||
| 7 | (D) installing or replacing insulated entry doors; | ||||||
| 8 | (E) installing or replacing Low E, insulated | ||||||
| 9 | windows; | ||||||
| 10 | (F) installing or replacing WaterSense labeled | ||||||
| 11 | plumbing fixtures; | ||||||
| 12 | (G) installing or replacing 90% or better sealed | ||||||
| 13 | combustion heating systems; | ||||||
| 14 | (H) installing Energy Star hot water heaters; | ||||||
| 15 | (I) installing or replacing mechanical ventilation | ||||||
| 16 | to exterior for kitchens and baths; | ||||||
| 17 | (J) installing or replacing Energy Star | ||||||
| 18 | appliances; | ||||||
| 19 | (K) installing or replacing Energy Star certified | ||||||
| 20 | lighting in common areas; or | ||||||
| 21 | (L) installing or replacing grading and | ||||||
| 22 | landscaping to promote on-site water retention if the | ||||||
| 23 | retained water is used to replace water that is | ||||||
| 24 | provided from a municipal source. | ||||||
| 25 | (11) Accessibility improvements. All accessibility | ||||||
| 26 | improvements must comply with applicable codes. An owner | ||||||
| |||||||
| |||||||
| 1 | may make accessibility improvements to residential real | ||||||
| 2 | property to increase access for people with disabilities. | ||||||
| 3 | As used in this paragraph (11), "disability" has the | ||||||
| 4 | meaning given to that term in the Illinois Human Rights | ||||||
| 5 | Act. As used in this paragraph (11), "accessibility | ||||||
| 6 | improvements" means a home modification listed under the | ||||||
| 7 | Home Services Program administered by the Department of | ||||||
| 8 | Human Services (Part 686 of Title 89 of the Illinois | ||||||
| 9 | Administrative Code) including, but not limited to: | ||||||
| 10 | installation of ramps, grab bars, or wheelchair lifts; | ||||||
| 11 | widening doorways or hallways; re-configuring rooms and | ||||||
| 12 | closets; and any other changes to enhance the independence | ||||||
| 13 | of people with disabilities. | ||||||
| 14 | (12) Any applicant who has purchased the property in | ||||||
| 15 | an arm's length transaction not more than 90 days before | ||||||
| 16 | applying for this reduced valuation may use the cost of | ||||||
| 17 | rehabilitation or repairs required by documented code | ||||||
| 18 | violations, up to a maximum of $2 per square foot, to meet | ||||||
| 19 | the qualifying rehabilitation requirements.
| ||||||
| 20 | Section 5-25. The Affordable Housing Planning and Appeal | ||||||
| 21 | Act is amended by changing Sections 15, 25, and 50 and by | ||||||
| 22 | adding Section 70 as follows:
| ||||||
| 23 | (310 ILCS 67/15)
| ||||||
| 24 | Sec. 15. Definitions. As used in this Act:
| ||||||
| |||||||
| |||||||
| 1 | "Affordable housing" means housing that has a value or | ||||||
| 2 | cost or rental amount
that is within the means of a household | ||||||
| 3 | that may occupy moderate-income or
low-income
housing. In the | ||||||
| 4 | case of owner-occupied dwelling units,
housing that is | ||||||
| 5 | affordable means housing in which mortgage, amortization,
| ||||||
| 6 | taxes, insurance, and condominium or association fees, if any, | ||||||
| 7 | constitute no
more than 30% of the gross annual household | ||||||
| 8 | income for a household of the size
that may occupy the unit. In | ||||||
| 9 | the case of dwelling units for rent, housing that
is | ||||||
| 10 | affordable means housing for which the rent, any required | ||||||
| 11 | parking, maintenance, landlord-imposed fees, and utilities | ||||||
| 12 | constitute no more
than 30% of the gross annual household | ||||||
| 13 | income for a household of the size that
may occupy the unit.
| ||||||
| 14 | "Affordable housing developer" means a nonprofit entity, | ||||||
| 15 | limited equity
cooperative or public agency, or private | ||||||
| 16 | individual, firm, corporation, or
other entity
seeking to | ||||||
| 17 | build an affordable housing development.
| ||||||
| 18 | "Affordable housing development" means (i) any housing | ||||||
| 19 | that is subsidized by
the federal or State government or (ii) | ||||||
| 20 | any housing in which at least 20% of
the dwelling units are | ||||||
| 21 | subject to covenants or restrictions that require that
the | ||||||
| 22 | dwelling units be sold or rented at prices that preserve them | ||||||
| 23 | as affordable
housing for a period of at least 15 years, in the | ||||||
| 24 | case of owner-occupied housing, and
at least 30 years, in the | ||||||
| 25 | case of rental housing.
| ||||||
| 26 | "Approving authority" means the governing body of the | ||||||
| |||||||
| |||||||
| 1 | county or municipality. | ||||||
| 2 | "Area median household income" means the median household | ||||||
| 3 | income adjusted for family size for applicable income limit | ||||||
| 4 | areas as determined annually by the federal Department of | ||||||
| 5 | Housing and Urban Development under Section 8 of the United | ||||||
| 6 | States Housing Act of 1937.
| ||||||
| 7 | "Community land trust" means a private, not-for-profit | ||||||
| 8 | corporation organized exclusively for charitable, cultural, | ||||||
| 9 | and other purposes and created to acquire and own land for the | ||||||
| 10 | benefit of the local government, including the creation and | ||||||
| 11 | preservation of affordable housing.
| ||||||
| 12 | "Development" means any building, construction, | ||||||
| 13 | renovation, or excavation or
any material change in any | ||||||
| 14 | structure or land, or change in the
use
of such structure or | ||||||
| 15 | land, that results in a net increase in the number of dwelling | ||||||
| 16 | units in a structure or on a parcel of land by more than one | ||||||
| 17 | dwelling unit.
| ||||||
| 18 | "Exempt local government" means any local government in | ||||||
| 19 | which at least 10% of
its total year-round housing units are | ||||||
| 20 | affordable, as determined by the
Illinois Housing Development | ||||||
| 21 | Authority pursuant to Section 20 of this Act; or
any | ||||||
| 22 | municipality under 1,000 population.
| ||||||
| 23 | "Household" means the person or persons occupying a | ||||||
| 24 | dwelling unit.
| ||||||
| 25 | "Housing trust fund" means a separate fund, either within | ||||||
| 26 | a local government or between local governments pursuant to | ||||||
| |||||||
| |||||||
| 1 | intergovernmental agreement, established solely for the | ||||||
| 2 | purposes authorized in subsection (d) of Section 25, | ||||||
| 3 | including, without limitation, the holding and disbursing of | ||||||
| 4 | financial resources to address the affordable housing needs of | ||||||
| 5 | individuals or households that may occupy low-income or | ||||||
| 6 | moderate-income housing.
| ||||||
| 7 | "Local government" means a county or municipality.
| ||||||
| 8 | "Low-income housing" means housing that is affordable, | ||||||
| 9 | according to the
federal Department of Housing and Urban | ||||||
| 10 | Development, for either home ownership
or rental, and that is | ||||||
| 11 | occupied, reserved, or marketed for occupancy by
households | ||||||
| 12 | with a gross household income that does not exceed 50% of the | ||||||
| 13 | area median
household income.
| ||||||
| 14 | "Moderate-income housing" means housing that is | ||||||
| 15 | affordable, according to the
federal Department of Housing and | ||||||
| 16 | Urban Development, for either home ownership
or
rental, and | ||||||
| 17 | that is occupied, reserved, or marketed for occupancy by | ||||||
| 18 | households
with a gross household income that is greater than | ||||||
| 19 | 50% but does not exceed 80%
of the area median household | ||||||
| 20 | income.
| ||||||
| 21 | "Non-appealable local government requirements" means all | ||||||
| 22 | essential
requirements that protect the public health and | ||||||
| 23 | safety, including any local
building, electrical, fire, or | ||||||
| 24 | plumbing code requirements or those requirements
that
are | ||||||
| 25 | critical to the protection or preservation of the environment.
| ||||||
| 26 | (Source: P.A. 98-287, eff. 8-9-13.)
| ||||||
| |||||||
| |||||||
| 1 | (310 ILCS 67/25)
| ||||||
| 2 | Sec. 25. Affordable housing plan.
| ||||||
| 3 | (a) Prior to April 1, 2005, all non-exempt local | ||||||
| 4 | governments must approve an
affordable housing plan. Any local | ||||||
| 5 | government that is determined by the Illinois Housing | ||||||
| 6 | Development Authority under Section 20 to be non-exempt for | ||||||
| 7 | the first time based on the recalculation of U.S. Census | ||||||
| 8 | Bureau data after 2010 shall have 18 months from the date of | ||||||
| 9 | notification of its non-exempt status to approve an affordable | ||||||
| 10 | housing plan under this Act.
On and after the effective date of | ||||||
| 11 | this amendatory Act of the 102nd General Assembly, an | ||||||
| 12 | affordable housing plan, or any revision thereof, shall not be | ||||||
| 13 | adopted by a non-exempt local government until notice and | ||||||
| 14 | opportunity for public hearing have first been afforded.
| ||||||
| 15 | (b) For the purposes of this Act, the affordable housing | ||||||
| 16 | plan shall consist
of at least the following:
| ||||||
| 17 | (i) a statement of the total number of affordable | ||||||
| 18 | housing units that are
necessary to exempt the local | ||||||
| 19 | government from the operation of this Act as
defined in | ||||||
| 20 | Section 15 and Section 20;
| ||||||
| 21 | (ii) an identification of lands within the | ||||||
| 22 | jurisdiction that are most
appropriate for the | ||||||
| 23 | construction of affordable housing and of existing
| ||||||
| 24 | structures most appropriate for conversion to, or | ||||||
| 25 | rehabilitation for,
affordable housing,
including a | ||||||
| |||||||
| |||||||
| 1 | consideration of lands and structures of developers who | ||||||
| 2 | have
expressed a commitment to provide affordable housing | ||||||
| 3 | and lands and structures
that are publicly or | ||||||
| 4 | semi-publicly owned;
| ||||||
| 5 | (iii) incentives that local governments may provide | ||||||
| 6 | for the purpose of
attracting affordable housing to their | ||||||
| 7 | jurisdiction; and
| ||||||
| 8 | (iv) a goal of a minimum of 15% of all new development | ||||||
| 9 | or
redevelopment within the local government that would be | ||||||
| 10 | defined as affordable
housing in this Act; or a minimum of | ||||||
| 11 | a 3 percentage point increase in the
overall percentage of | ||||||
| 12 | affordable housing within its jurisdiction, as
described | ||||||
| 13 | in subsection (b) of Section 20 of this Act; or a minimum | ||||||
| 14 | of a total of 10% affordable
housing
within its | ||||||
| 15 | jurisdiction as described in subsection (b) of Section 20 | ||||||
| 16 | of this Act. These goals may be met, in whole or in part, | ||||||
| 17 | through the creation of affordable housing units under | ||||||
| 18 | intergovernmental agreements as described in subsection | ||||||
| 19 | (e) of this Section.
| ||||||
| 20 | (c) Within 60 days after the adoption of an affordable | ||||||
| 21 | housing plan or
revisions to its affordable housing plan, the | ||||||
| 22 | local government must submit a
copy of that plan to the | ||||||
| 23 | Illinois Housing Development Authority.
| ||||||
| 24 | (d) In order to promote the goals of this Act and to | ||||||
| 25 | maximize the creation, establishment, or preservation of | ||||||
| 26 | affordable housing throughout the State of Illinois, a local | ||||||
| |||||||
| |||||||
| 1 | government, whether exempt or non-exempt under this Act, may | ||||||
| 2 | adopt the following measures to address the need for | ||||||
| 3 | affordable housing: | ||||||
| 4 | (1) Local governments may individually or jointly | ||||||
| 5 | create or participate in a housing trust fund or otherwise | ||||||
| 6 | provide funding or support for the purpose of supporting | ||||||
| 7 | affordable housing, including, without limitation, to | ||||||
| 8 | support the following affordable housing activities: | ||||||
| 9 | (A) Housing production, including, without | ||||||
| 10 | limitation, new construction, rehabilitation, and | ||||||
| 11 | adaptive re-use. | ||||||
| 12 | (B) Acquisition, including, without limitation, | ||||||
| 13 | land, single-family homes, multi-unit buildings, and | ||||||
| 14 | other existing structures that may be used in whole or | ||||||
| 15 | in part for residential use. | ||||||
| 16 | (C) Rental payment assistance. | ||||||
| 17 | (D) Home-ownership purchase assistance. | ||||||
| 18 | (E) Preservation of existing affordable housing. | ||||||
| 19 | (F) Weatherization. | ||||||
| 20 | (G) Emergency repairs. | ||||||
| 21 | (H) Housing related support services, including | ||||||
| 22 | homeownership education and financial counseling. | ||||||
| 23 | (I) Grants or loans to not-for-profit | ||||||
| 24 | organizations engaged in addressing the affordable | ||||||
| 25 | housing needs of low-income and moderate-income | ||||||
| 26 | households. | ||||||
| |||||||
| |||||||
| 1 | Local governments may authorize housing trust funds to | ||||||
| 2 | accept and utilize funds, property, and other resources | ||||||
| 3 | from all proper and lawful public and private sources so | ||||||
| 4 | long as those funds are used solely for addressing the | ||||||
| 5 | affordable housing needs of individuals or households that | ||||||
| 6 | may occupy low-income or moderate-income housing. | ||||||
| 7 | (2) A local government may create a community land | ||||||
| 8 | trust, which may: acquire developed or undeveloped | ||||||
| 9 | interests in real property and hold them for affordable | ||||||
| 10 | housing purposes; convey such interests under long-term | ||||||
| 11 | leases, including ground leases; convey such interests for | ||||||
| 12 | affordable housing purposes; and retain an option to | ||||||
| 13 | reacquire any such real property interests at a price | ||||||
| 14 | determined by a formula ensuring that such interests may | ||||||
| 15 | be utilized for affordable housing purposes. | ||||||
| 16 | (3) A local government may use its zoning powers to | ||||||
| 17 | require the creation and preservation of affordable | ||||||
| 18 | housing as authorized under Section 5-12001 of the | ||||||
| 19 | Counties Code and Section 11-13-1 of the Illinois | ||||||
| 20 | Municipal Code. | ||||||
| 21 | (4) A local government may accept donations of money | ||||||
| 22 | or land for the purpose of addressing the affordable | ||||||
| 23 | housing needs of individuals or households that may occupy | ||||||
| 24 | low-income or moderate-income housing. These donations may | ||||||
| 25 | include, without limitation, donations of money or land | ||||||
| 26 | from persons, as long as the donations are demonstrably | ||||||
| |||||||
| |||||||
| 1 | used to preserve, create, or subsidize low-income housing | ||||||
| 2 | or moderate-income housing within the jurisdiction in lieu | ||||||
| 3 | of building affordable housing. | ||||||
| 4 | (e) In order to encourage regional cooperation and the | ||||||
| 5 | maximum creation of affordable housing in areas lacking such | ||||||
| 6 | housing in the State of Illinois, any non-exempt local | ||||||
| 7 | government may enter into intergovernmental agreements under | ||||||
| 8 | subsection (e) of Section 25 with local governments within 10 | ||||||
| 9 | miles of its corporate boundaries in order to create | ||||||
| 10 | affordable housing units to meet the goals of this Act. A | ||||||
| 11 | non-exempt local government may not enter into an | ||||||
| 12 | intergovernmental agreement, however, with any local | ||||||
| 13 | government that contains more than 25% affordable housing as | ||||||
| 14 | determined under Section 20 of this Act. All intergovernmental | ||||||
| 15 | agreements entered into to create affordable housing units to | ||||||
| 16 | meet the goals of this Act must also specify the basis for | ||||||
| 17 | determining how many of the affordable housing units created | ||||||
| 18 | will be credited to each local government participating in the | ||||||
| 19 | agreement for purposes of complying with this Act. All | ||||||
| 20 | intergovernmental agreements entered into to create affordable | ||||||
| 21 | housing units to meet the goals of this Act must also specify | ||||||
| 22 | the anticipated number of newly created affordable housing | ||||||
| 23 | units that are to be credited to each local government | ||||||
| 24 | participating in the agreement for purposes of complying with | ||||||
| 25 | this Act. In specifying how many affordable housing units will | ||||||
| 26 | be credited to each local government, the same affordable | ||||||
| |||||||
| |||||||
| 1 | housing unit may not be counted by more than one local | ||||||
| 2 | government.
| ||||||
| 3 | (f) To enforce compliance with the provisions of this | ||||||
| 4 | Section, and to encourage local governments to submit their | ||||||
| 5 | affordable housing plans to the Illinois Housing Development | ||||||
| 6 | Authority in a timely manner, the Illinois Housing Development | ||||||
| 7 | Authority shall notify any local government and may notify the | ||||||
| 8 | Office of the Attorney General that the local government is in | ||||||
| 9 | violation of State law if the Illinois Housing Development | ||||||
| 10 | Authority finds that the affordable housing plan submitted is | ||||||
| 11 | not in substantial compliance with this Section or that the | ||||||
| 12 | local government failed to submit an affordable housing plan. | ||||||
| 13 | The Attorney General may enforce this provision of the Act by | ||||||
| 14 | an action for mandamus or injunction or by means of other | ||||||
| 15 | appropriate relief. | ||||||
| 16 | (Source: P.A. 98-287, eff. 8-9-13.)
| ||||||
| 17 | (310 ILCS 67/50)
| ||||||
| 18 | Sec. 50. Housing Appeals Board.
| ||||||
| 19 | (a) Prior to January 1, 2008, a Housing Appeals Board | ||||||
| 20 | shall be created
consisting of 7 members appointed by the | ||||||
| 21 | Governor as follows:
| ||||||
| 22 | (1) a retired circuit judge or retired appellate | ||||||
| 23 | judge, who shall act as
chairperson;
| ||||||
| 24 | (2) a zoning board of appeals member;
| ||||||
| 25 | (3) a planning board member;
| ||||||
| |||||||
| |||||||
| 1 | (4) a mayor or municipal council or board member;
| ||||||
| 2 | (5) a county board member;
| ||||||
| 3 | (6) an affordable housing developer; and
| ||||||
| 4 | (7) an affordable housing advocate.
| ||||||
| 5 | In addition, the Chairman of the Illinois Housing | ||||||
| 6 | Development Authority, ex
officio, shall serve as a non-voting | ||||||
| 7 | member.
No more than 4 of the appointed members may be from the | ||||||
| 8 | same political party.
Appointments under items (2), (3), and | ||||||
| 9 | (4) shall be from local governments that
are not exempt under | ||||||
| 10 | this Act.
| ||||||
| 11 | (b) Initial terms of 4 members designated by the Governor | ||||||
| 12 | shall be for 2
years. Initial terms of 3 members designated by | ||||||
| 13 | the Governor shall be for one
year. Thereafter, members shall | ||||||
| 14 | be appointed for terms of 2 years. After a member's term | ||||||
| 15 | expires, the member shall continue to serve until a successor | ||||||
| 16 | is appointed. There shall be no limit to the number of terms an | ||||||
| 17 | appointee may serve. A member
shall receive no
compensation | ||||||
| 18 | for his or her services, but shall be reimbursed by the State | ||||||
| 19 | for
all reasonable expenses actually and necessarily incurred | ||||||
| 20 | in the performance of
his or her
official duties. The board | ||||||
| 21 | shall hear all petitions for review filed under this
Act and | ||||||
| 22 | shall conduct all hearings in accordance with the rules and | ||||||
| 23 | regulations
established by the chairperson. The Illinois | ||||||
| 24 | Housing Development Authority
shall provide space and
clerical | ||||||
| 25 | and other assistance that the Board may require.
| ||||||
| 26 | (c) (Blank).
| ||||||
| |||||||
| |||||||
| 1 | (d) Any vacancies in the Housing Appeals Board shall be | ||||||
| 2 | filled within 90 days of the vacancy. | ||||||
| 3 | (Source: P.A. 98-287, eff. 8-9-13.)
| ||||||
| 4 | (310 ILCS 67/70 new) | ||||||
| 5 | Sec. 70. Home rule application. Unless otherwise provided | ||||||
| 6 | under this Act or otherwise in accordance with State law, a | ||||||
| 7 | unit of local government, including a home rule unit, or any | ||||||
| 8 | non-home rule county within the unincorporated territory of | ||||||
| 9 | the county, may not regulate the activities described in this | ||||||
| 10 | Act in a manner more restrictive than the regulation of those | ||||||
| 11 | activities by the State under this Act. This Section is a | ||||||
| 12 | limitation under subsection (i) of Section 6 of Article VII of | ||||||
| 13 | the Illinois Constitution on the concurrent exercise by home | ||||||
| 14 | rule units of powers and functions exercised by the State.
| ||||||
| 15 | ARTICLE 99. EFFECTIVE DATE | ||||||
| 16 | Section 99-99. Effective date. This Act takes effect upon | ||||||
| 17 | becoming law.".
| ||||||
