Bill Amendment: IL SB1476 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: AFFORDABLE HOUSING PLANS
Status: 2023-08-04 - Public Act . . . . . . . . . 103-0487 [SB1476 Detail]
Download: Illinois-2023-SB1476-Senate_Amendment_001.html
Bill Title: AFFORDABLE HOUSING PLANS
Status: 2023-08-04 - Public Act . . . . . . . . . 103-0487 [SB1476 Detail]
Download: Illinois-2023-SB1476-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 1476
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2 | AMENDMENT NO. ______. Amend Senate Bill 1476 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Affordable Housing Planning and Appeal Act | ||||||
5 | is amended by changing Sections 15, 25, 30, and 50 as follows:
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6 | (310 ILCS 67/15)
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7 | Sec. 15. Definitions. As used in this Act:
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8 | "Affordable housing" means housing that has a value or | ||||||
9 | cost or rental amount
that is within the means of a household | ||||||
10 | that may occupy moderate-income or
low-income
housing. In the | ||||||
11 | case of owner-occupied dwelling units,
housing that is | ||||||
12 | affordable means housing in which mortgage, amortization,
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13 | taxes, insurance, and condominium or association fees, if any, | ||||||
14 | constitute no
more than 30% of the gross annual household | ||||||
15 | income for a household of the size
that may occupy the unit. In | ||||||
16 | the case of dwelling units for rent, housing that
is |
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1 | affordable means housing for which the rent , any required | ||||||
2 | parking, maintenance, landlord-imposed fees, and utilities | ||||||
3 | constitute no more
than 30% of the gross annual household | ||||||
4 | income for a household of the size that
may occupy the unit. In | ||||||
5 | the case of dwelling units for rent, the costs of any required | ||||||
6 | parking, maintenance, or landlord-imposed fees are to be | ||||||
7 | included in the calculation of affordable housing if available | ||||||
8 | from the U.S. Census Bureau.
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9 | "Affordable housing developer" means a nonprofit entity, | ||||||
10 | limited equity
cooperative or public agency, or private | ||||||
11 | individual, firm, corporation, or
other entity
seeking to | ||||||
12 | build an affordable housing development.
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13 | "Affordable housing development" means (i) any housing | ||||||
14 | that is subsidized by
the federal or State government or (ii) | ||||||
15 | any housing in which at least 20% of
the dwelling units are | ||||||
16 | subject to covenants or restrictions that require that
the | ||||||
17 | dwelling units be sold or rented at prices that preserve them | ||||||
18 | as affordable
housing for a period of at least 15 years, in the | ||||||
19 | case of owner-occupied housing, and
at least 30 years, in the | ||||||
20 | case of rental housing.
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21 | "Approving authority" means the governing body of the | ||||||
22 | county or municipality. | ||||||
23 | "Area median household income" means the median household | ||||||
24 | income adjusted for family size for applicable income limit | ||||||
25 | areas as determined annually by the federal Department of | ||||||
26 | Housing and Urban Development under Section 8 of the United |
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1 | States Housing Act of 1937.
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2 | "Community land trust" means a private, not-for-profit | ||||||
3 | corporation organized exclusively for charitable, cultural, | ||||||
4 | and other purposes and created to acquire and own land for the | ||||||
5 | benefit of the local government, including the creation and | ||||||
6 | preservation of affordable housing.
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7 | "Development" means any building, construction, | ||||||
8 | renovation, or excavation or
any material change in any | ||||||
9 | structure or land, or change in the
use
of such structure or | ||||||
10 | land, that results in a net increase in the number of dwelling | ||||||
11 | units in a structure or on a parcel of land by more than one | ||||||
12 | dwelling unit.
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13 | "Exempt local government" means any local government in | ||||||
14 | which at least 15% of its total year-round housing units are | ||||||
15 | affordable, as determined by the Illinois Housing Development | ||||||
16 | Authority in accordance with Section 20, or any municipality | ||||||
17 | with a population under 2,500. "Exempt local government" means | ||||||
18 | any local government in which at least 10% of
its total | ||||||
19 | year-round housing units are affordable, as determined by the
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20 | Illinois Housing Development Authority pursuant to Section 20 | ||||||
21 | of this Act; or
any municipality under 1,000 population.
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22 | "Household" means the person or persons occupying a | ||||||
23 | dwelling unit.
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24 | "Housing trust fund" means a separate fund, either within | ||||||
25 | a local government or between local governments pursuant to | ||||||
26 | intergovernmental agreement, established solely for the |
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1 | purposes authorized in subsection (d) of Section 25, | ||||||
2 | including, without limitation, the holding and disbursing of | ||||||
3 | financial resources to address the affordable housing needs of | ||||||
4 | individuals or households that may occupy low-income or | ||||||
5 | moderate-income housing.
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6 | "Local government" means a county or municipality.
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7 | "Low-income housing" means housing that is affordable, | ||||||
8 | according to the
federal Department of Housing and Urban | ||||||
9 | Development, for either home ownership
or rental, and that is | ||||||
10 | occupied, reserved, or marketed for occupancy by
households | ||||||
11 | with a gross household income that does not exceed 50% of the | ||||||
12 | area median
household income.
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13 | "Moderate-income housing" means housing that is | ||||||
14 | affordable, according to the
federal Department of Housing and | ||||||
15 | Urban Development, for either home ownership
or
rental, and | ||||||
16 | that is occupied, reserved, or marketed for occupancy by | ||||||
17 | households
with a gross household income that is greater than | ||||||
18 | 50% but does not exceed 80%
of the area median household | ||||||
19 | income.
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20 | "Non-appealable local government requirements" means all | ||||||
21 | essential
requirements that protect the public health and | ||||||
22 | safety, including any local
building, electrical, fire, or | ||||||
23 | plumbing code requirements or those requirements
that
are | ||||||
24 | critical to the protection or preservation of the environment.
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25 | (Source: P.A. 102-175, eff. 7-29-21.)
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1 | (310 ILCS 67/25)
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2 | Sec. 25. Affordable housing plan.
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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.
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15 | (b) For the purposes of this Act, the affordable housing | ||||||
16 | plan shall consist
of at least the following:
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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;
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21 | (ii) an identification of lands within the | ||||||
22 | jurisdiction that are most
appropriate for the | ||||||
23 | construction of affordable housing and of existing
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24 | structures most appropriate for conversion to, or | ||||||
25 | rehabilitation for,
affordable housing,
including a | ||||||
26 | consideration of affordable housing for both |
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1 | owner-occupied dwelling units and dwelling units for rent, | ||||||
2 | lands and structures of developers who have
expressed a | ||||||
3 | commitment to provide affordable housing , and lands and | ||||||
4 | structures
that are publicly or semi-publicly owned;
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5 | (iii) incentives that local governments may provide | ||||||
6 | for the purpose of
attracting affordable housing to their | ||||||
7 | jurisdiction; and
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8 | (iv) a description of any housing market conditions, | ||||||
9 | infrastructure limitations, local government ordinances, | ||||||
10 | including zoning and land use ordinances, local government | ||||||
11 | policies or practices that do not affirmatively further | ||||||
12 | fair housing as defined in the federal Fair Housing Act, | ||||||
13 | and other local factors that constrain the local | ||||||
14 | government's ability to create and preserve affordable | ||||||
15 | housing; | ||||||
16 | (v) a plan or potential strategies to eliminate or | ||||||
17 | mitigate these constraints identified in item (iv); | ||||||
18 | (vi) one or more of the following goals with plans to | ||||||
19 | accomplish the goals within a period of no more than 5 | ||||||
20 | years: (iv) a goal of a minimum of 15% of all new | ||||||
21 | development or
redevelopment within the local government | ||||||
22 | that would be defined as affordable
housing in this Act; | ||||||
23 | or a minimum of a 5 3 percentage point increase in the
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24 | overall percentage of affordable housing within its | ||||||
25 | jurisdiction, as
described in subsection (b) of Section 20 | ||||||
26 | of this Act; or a minimum of a total of 15% 10% affordable
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1 | housing
within its jurisdiction as described in subsection | ||||||
2 | (b) of Section 20 of this Act. These goals may be met, in | ||||||
3 | whole or in part, through the creation of affordable | ||||||
4 | housing units under intergovernmental agreements as | ||||||
5 | described in subsection (e) of this Section ; and .
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6 | (vii) proposed timelines, within the first 24 months | ||||||
7 | after the date upon which the affordable housing plan was | ||||||
8 | adopted, for actions to implement the components of the | ||||||
9 | affordable housing plan. | ||||||
10 | Local governments that have previously been determined as | ||||||
11 | a non-exempt municipality and that have submitted an | ||||||
12 | affordable housing plan shall also include a summary of | ||||||
13 | actions taken to implement the previously submitted plan, as | ||||||
14 | well as a summary of progress made toward achieving the goals | ||||||
15 | of the plan. | ||||||
16 | To comply with the affordable housing plan requirements, | ||||||
17 | no later than 36 months after adopting or updating an | ||||||
18 | affordable housing plan the local government shall submit a | ||||||
19 | report to the Illinois Housing Development Authority | ||||||
20 | summarizing actions taken to implement the current plan. | ||||||
21 | (c) Within 60 days after the adoption of an affordable | ||||||
22 | housing plan or
revisions to its affordable housing plan, the | ||||||
23 | local government must submit a
copy of that plan to the | ||||||
24 | Illinois Housing Development Authority.
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25 | (d) In order to promote the goals of this Act and to | ||||||
26 | maximize the creation, establishment, or preservation of |
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1 | affordable housing throughout the State of Illinois, a local | ||||||
2 | government, whether exempt or non-exempt under this Act, may | ||||||
3 | adopt the following measures to address the need for | ||||||
4 | affordable housing: | ||||||
5 | (1) Local governments may individually or jointly | ||||||
6 | create or participate in a housing trust fund or otherwise | ||||||
7 | provide funding or support for the purpose of supporting | ||||||
8 | affordable housing, including, without limitation, to | ||||||
9 | support the following affordable housing activities: | ||||||
10 | (A) Housing production, including, without | ||||||
11 | limitation, new construction, rehabilitation, and | ||||||
12 | adaptive re-use. | ||||||
13 | (B) Acquisition, including, without limitation, | ||||||
14 | land, single-family homes, multi-unit buildings, and | ||||||
15 | other existing structures that may be used in whole or | ||||||
16 | in part for residential use. | ||||||
17 | (C) Rental payment assistance. | ||||||
18 | (D) Home-ownership purchase assistance. | ||||||
19 | (E) Preservation of existing affordable housing. | ||||||
20 | (F) Weatherization. | ||||||
21 | (G) Emergency repairs. | ||||||
22 | (H) Housing related support services, including | ||||||
23 | homeownership education and financial counseling. | ||||||
24 | (I) Grants or loans to not-for-profit | ||||||
25 | organizations engaged in addressing the affordable | ||||||
26 | housing needs of low-income and moderate-income |
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1 | households. | ||||||
2 | Local governments may authorize housing trust funds to | ||||||
3 | accept and utilize funds, property, and other resources | ||||||
4 | from all proper and lawful public and private sources so | ||||||
5 | long as those funds are used solely for addressing the | ||||||
6 | affordable housing needs of individuals or households that | ||||||
7 | may occupy low-income or moderate-income housing. | ||||||
8 | (2) A local government may create a community land | ||||||
9 | trust, which may: acquire developed or undeveloped | ||||||
10 | interests in real property and hold them for affordable | ||||||
11 | housing purposes; convey such interests under long-term | ||||||
12 | leases, including ground leases; convey such interests for | ||||||
13 | affordable housing purposes; and retain an option to | ||||||
14 | reacquire any such real property interests at a price | ||||||
15 | determined by a formula ensuring that such interests may | ||||||
16 | be utilized for affordable housing purposes. | ||||||
17 | (3) A local government may use its zoning powers to | ||||||
18 | require the creation and preservation of affordable | ||||||
19 | housing as authorized under Section 5-12001 of the | ||||||
20 | Counties Code and Section 11-13-1 of the Illinois | ||||||
21 | Municipal Code. | ||||||
22 | (4) A local government may accept donations of money | ||||||
23 | or land for the purpose of addressing the affordable | ||||||
24 | housing needs of individuals or households that may occupy | ||||||
25 | low-income or moderate-income housing. These donations may | ||||||
26 | include, without limitation, donations of money or land |
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1 | from persons, as long as the donations are demonstrably | ||||||
2 | used to preserve, create, or subsidize low-income housing | ||||||
3 | or moderate-income housing within the jurisdiction. | ||||||
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 |
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1 | housing unit may not be counted by more than one local | ||||||
2 | government.
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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 | (g) The Illinois Housing Development Authority shall post | ||||||
17 | each affordable housing plan submitted by a local government | ||||||
18 | on the Illinois Housing Development Authority's website. | ||||||
19 | (Source: P.A. 102-175, eff. 7-29-21.)
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20 | (310 ILCS 67/30)
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21 | Sec. 30. Appeal to State Housing Appeals Board.
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22 | (a) (Blank).
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23 | (b) (Blank). Beginning January 1, 2009, an affordable | ||||||
24 | housing developer whose
application is either denied or | ||||||
25 | approved with conditions that in his or her
judgment render |
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1 | the
provision of affordable housing infeasible may, within 45 | ||||||
2 | days after the
decision, appeal to the State Housing Appeals | ||||||
3 | Board challenging that decision
unless the municipality or | ||||||
4 | county that rendered the decision is exempt under
Section 15 | ||||||
5 | of this Act. The developer must submit information regarding | ||||||
6 | why the
developer believes he or she was unfairly denied or | ||||||
7 | unreasonable conditions
were placed upon the tentative | ||||||
8 | approval of the development. In the case of local governments | ||||||
9 | that are determined by the Illinois Housing Development | ||||||
10 | Authority under Section 20 to be non-exempt for the first time | ||||||
11 | based on the recalculation of U.S. Census Bureau data after | ||||||
12 | the effective date of this amendatory Act of the 98th General | ||||||
13 | Assembly, no developer may appeal to the State Housing Appeals | ||||||
14 | Board until 60 months after a local government has been | ||||||
15 | notified of its non-exempt status.
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16 | (b-5) Beginning January 1, 2026, an affordable housing | ||||||
17 | developer, or resident of the municipality where an affordable | ||||||
18 | housing development is proposed, may file an appeal as an | ||||||
19 | appellant to the State Housing Appeals Board against a | ||||||
20 | non-exempt municipality if the proposed affordable housing | ||||||
21 | development was denied by the municipality or approved with | ||||||
22 | conditions that in the appellant's judgment render the | ||||||
23 | provision of affordable housing infeasible. Appeals must be | ||||||
24 | filed within 45 days after the decision by the municipality. | ||||||
25 | The appellant must submit information regarding why the | ||||||
26 | appellant believes the affordable housing development was |
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1 | unfairly denied or unreasonable conditions were placed upon | ||||||
2 | the tentative approval of the development. In the case of | ||||||
3 | local governments that are determined by the Illinois Housing | ||||||
4 | Development Authority under Section 20 to be non-exempt for | ||||||
5 | the first time based on the recalculation of U.S. Census | ||||||
6 | Bureau data after the effective date of this amendatory Act of | ||||||
7 | the 103rd General Assembly, no developer may appeal to the | ||||||
8 | State Housing Appeals Board until 6 months after a local | ||||||
9 | government has been notified of its non-exempt status. | ||||||
10 | (c) Beginning on the effective date of this amendatory Act | ||||||
11 | of the 98th General Assembly, the Board shall, whenever | ||||||
12 | possible, render a decision on the
appeal within 120 days | ||||||
13 | after the appeal is filed. The Board may extend the time
by | ||||||
14 | which it will render a decision where circumstances outside
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15 | the Board's control make it infeasible for the Board to render
| ||||||
16 | a decision within 120 days.
In any proceeding before the | ||||||
17 | Board, the appellant affordable housing developer
bears the | ||||||
18 | burden of demonstrating that the proposed affordable housing | ||||||
19 | development (i) has been unfairly denied or (ii) has had
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20 | unreasonable conditions
placed upon it by the decision of the | ||||||
21 | local government.
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22 | (d) The Board shall dismiss any appeal if:
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23 | (i) the local government has adopted an affordable | ||||||
24 | housing plan as defined
in Section 25 of this Act and | ||||||
25 | submitted that plan to the Illinois Housing
Development | ||||||
26 | Authority within the time frame required by this Act; and
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1 | (ii) the local government has implemented its | ||||||
2 | affordable housing plan
and has met its goal as | ||||||
3 | established in its affordable housing plan as
defined in | ||||||
4 | Section 25 of this Act.
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5 | (e) The Board shall dismiss any appeal if the reason for | ||||||
6 | denying the
application or placing
conditions upon the | ||||||
7 | approval is a non-appealable local government
requirement
| ||||||
8 | under Section 15 of this Act.
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9 | (f) The Board may affirm, reverse, or modify the | ||||||
10 | conditions of, or add
conditions to, a decision made by the | ||||||
11 | approving authority. The decision of the
Board constitutes an | ||||||
12 | order directed to the approving authority and is binding
on | ||||||
13 | the local government.
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14 | (g) The appellate court has the exclusive jurisdiction to | ||||||
15 | review decisions
of the Board. Any appeal to the Appellate | ||||||
16 | Court of a final ruling by the State Housing Appeals Board may | ||||||
17 | be heard only in the Appellate Court for the District in which | ||||||
18 | the local government involved in the appeal is located.
The | ||||||
19 | appellate court shall apply the "clearly erroneous" standard | ||||||
20 | when reviewing such appeals. An appeal of a final ruling of the | ||||||
21 | Board shall be filed within 35 days after the
Board's decision | ||||||
22 | and in all respects shall be in accordance with Section 3-113 | ||||||
23 | of the Code of Civil Procedure.
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24 | (Source: P.A. 98-287, eff. 8-9-13.)
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25 | (310 ILCS 67/50)
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1 | Sec. 50. Housing Appeals Board.
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2 | (a) On and after the effective date of this amendatory Act | ||||||
3 | of the 103rd General Assembly, the Prior to January 1, 2008, a | ||||||
4 | Housing Appeals Board consists shall be created
consisting of | ||||||
5 | 5 7 members appointed by the Governor as follows:
| ||||||
6 | (1) a current or retired circuit judge , or retired | ||||||
7 | appellate judge , administrative law judge, or attorney | ||||||
8 | with experience in the area of land use law , who shall act | ||||||
9 | as
chairperson;
| ||||||
10 | (2) 3 members selected from among the following | ||||||
11 | categories: | ||||||
12 | (A) county or municipal zoning board of appeals | ||||||
13 | members; | ||||||
14 | (B) county or municipal planning board members; | ||||||
15 | (C) a mayor or municipal council or board member; | ||||||
16 | (D) a county board member; and a zoning board of | ||||||
17 | appeals member;
| ||||||
18 | (3) a planning board member;
| ||||||
19 | (4) a mayor or municipal council or board member;
| ||||||
20 | (5) a county board member;
| ||||||
21 | (6) an affordable housing developer; and
| ||||||
22 | (7) an affordable housing advocate.
| ||||||
23 | In addition, the Chairman of the Illinois Housing | ||||||
24 | Development Authority, ex
officio, shall serve as a non-voting | ||||||
25 | member.
At least one of the appointments under paragraph (2) | ||||||
26 | shall be from a local government that is non-exempt under this |
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| |||||||
1 | Act. No more than 4 of the appointed members may be from the | ||||||
2 | same political party.
Appointments under items (2), (3), and | ||||||
3 | (4) shall be from local governments that
are not exempt under | ||||||
4 | this Act.
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5 | (b) Initial terms of 3 of the 4 members designated by the | ||||||
6 | Governor under this amendatory Act of the 103rd General | ||||||
7 | Assembly shall be for 2
years. Initial terms of 2 of the 3 | ||||||
8 | members designated by the Governor under this amendatory Act | ||||||
9 | of the 103rd General Assembly shall be for one
year. | ||||||
10 | Thereafter, members shall be appointed for terms of 2 years. | ||||||
11 | After a member's term expires, the member shall continue to | ||||||
12 | serve until a successor is appointed. There shall be no limit | ||||||
13 | to the number of terms an appointee may serve. A member
shall | ||||||
14 | receive no
compensation for his or her services, but shall be | ||||||
15 | reimbursed by the State for
all reasonable expenses actually | ||||||
16 | and necessarily incurred in the performance of
his or her
| ||||||
17 | official duties. The board shall hear all petitions for review | ||||||
18 | filed under this
Act and shall conduct all hearings in | ||||||
19 | accordance with the rules and regulations
established by the | ||||||
20 | chairperson. The Illinois Housing Development Authority
shall | ||||||
21 | provide space and
clerical and other assistance that the Board | ||||||
22 | may require.
| ||||||
23 | (c) (Blank).
| ||||||
24 | (d) To the extent possible, any vacancies in the Housing | ||||||
25 | Appeals Board shall be filled within 90 days of the vacancy. | ||||||
26 | (e) The terms of members serving before the effective date |
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| |||||||
1 | of this amendatory Act of the 103rd General Assembly expire on | ||||||
2 | the effective date of this amendatory Act of the 103rd General | ||||||
3 | Assembly. | ||||||
4 | (Source: P.A. 102-175, eff. 7-29-21.)".
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