Bill Text: IL HB0656 | 2013-2014 | 98th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the State Housing Act. Makes a technical change in a Section concerning the short title.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2014-12-03 - Session Sine Die [HB0656 Detail]
Download: Illinois-2013-HB0656-Amended.html
Bill Title: Amends the State Housing Act. Makes a technical change in a Section concerning the short title.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2014-12-03 - Session Sine Die [HB0656 Detail]
Download: Illinois-2013-HB0656-Amended.html
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1 | AMENDMENT TO HOUSE BILL 656
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2 | AMENDMENT NO. ______. Amend House Bill 656 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 Section 30 as follows:
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6 | (310 ILCS 67/30)
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7 | Sec. 30. Appeal to State Housing Appeals Board.
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8 | (a) (Blank).
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9 | (b) Beginning January 1, 2009, an affordable housing | ||||||
10 | developer whose
application is either denied or approved with | ||||||
11 | conditions that in his or her
judgment render the
provision of | ||||||
12 | affordable housing infeasible may, within 45 days after the
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13 | decision, appeal to the State Housing Appeals Board challenging | ||||||
14 | that decision
unless the municipality or county that rendered | ||||||
15 | the decision is exempt under
Section 15 of this Act. The | ||||||
16 | developer must submit information regarding why the
developer |
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1 | believes he or she was unfairly denied or unreasonable | ||||||
2 | conditions
were placed upon the tentative approval of the | ||||||
3 | development. In the case of local governments that are | ||||||
4 | determined by the Illinois Housing Development Authority under | ||||||
5 | Section 20 to be non-exempt for the first time based on the | ||||||
6 | recalculation of decennial census data after 2010, no developer | ||||||
7 | may appeal to the State Housing Appeals Board until 60 months | ||||||
8 | after a local government has been notified of its non-exempt | ||||||
9 | status.
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10 | (c) Beginning on the effective date of this amendatory Act | ||||||
11 | of the 98th General Assembly January 1, 2009 , the Board shall , | ||||||
12 | whenever possible, render a decision on the
appeal within 120 | ||||||
13 | days after the appeal is filed.
The Board may extend the time | ||||||
14 | by which it will render a decision where circumstances outside | ||||||
15 | the Board's control make it infeasible for the Board to render | ||||||
16 | a decision within 120 days. In any proceeding before the Board, | ||||||
17 | the affordable housing developer
bears the burden of | ||||||
18 | demonstrating that the proposed affordable housing development | ||||||
19 | (i) has been unfairly denied or (ii) has had
unreasonable | ||||||
20 | conditions
placed upon it by the decision of the local | ||||||
21 | 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 established | ||||||
3 | in its affordable housing plan as
defined in Section 25 of | ||||||
4 | 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 approval | ||||||
7 | is a non-appealable local government
requirement
under Section | ||||||
8 | 15 of this Act.
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9 | (f) The Board may affirm, reverse, or modify the conditions | ||||||
10 | of, or add
conditions to, a decision made by the approving | ||||||
11 | authority. The decision of the
Board constitutes an order | ||||||
12 | directed to the approving authority and is binding
on the local | ||||||
13 | 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.
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19 | (Source: P.A. 93-595, eff. 1-1-04; 94-303, eff. 7-21-05.)
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20 | Section 99. Effective date. This Act takes effect upon | ||||||
21 | becoming law.".
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