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| Public Act 099-0097
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| HB1361 Enrolled | LRB099 08494 KTG 28650 b |
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AN ACT concerning housing.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Rental Housing Support
Program Act is |
amended by changing Sections 7, 10, and 25 as follows:
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(310 ILCS 105/7)
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Sec. 7. Definitions. In this Act:
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"Annual receipts" means revenue derived from the Rental
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Housing Support Program State surcharge from July 1 to June
30. |
"Authority" means the Illinois Housing Development |
Authority.
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"Developer" means any entity that receives a grant under |
Section 20. |
"Program" means the Rental Housing Support Program.
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"Real estate-related document" means any recorded document |
that affects an
interest in real property excluding documents |
which solely affect or relate to an easement for water, sewer, |
electricity, gas, telephone or other public service.
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"Unit" means a rental apartment unit receiving a subsidy by |
means of a grant
under this Act. "Unit" does not include |
housing units intended as transitional
or
temporary housing.
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(Source: P.A. 94-118, eff. 7-5-05.)
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(310 ILCS 105/10)
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Sec. 10. Creation of Program and distribution of funds.
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(a) The Rental Housing Support Program is created within |
the Illinois Housing Development Authority. The Authority |
shall administer the Program program and adopt rules for its |
implementation. |
(b) The Authority shall distribute amounts for the Program |
solely from annual receipts on deposit in the Rental Housing |
Support Program Fund that are appropriated in each year for |
distribution by the Authority for the Program, and not from any |
other source of funds for the Authority, The Authority shall |
distribute amounts appropriated for the Program from the Rental |
Housing Support Program Fund and any other appropriations |
provided for the Program as follows: |
(1) A proportionate share of annual receipts on deposit |
appropriated to the Fund each year the annual |
appropriation, as determined under subsection (d) of |
Section 15 of this Act, shall be distributed to |
municipalities with a population greater than 2,000,000. |
Those municipalities shall use at least 10% of those funds |
in accordance with Section 20 of this Act, and all |
provisions governing the Authority's actions under Section |
20 shall govern the actions of the corporate authorities of |
a municipality under this Section. As to the balance of the |
annual distribution, the municipality shall designate a |
non-profit organization that meets the specific criteria |
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set forth in Section 25 of this Act to serve as the "local |
administering agency" under Section 15 of this Act. |
(2) Of the remaining annual receipts on deposit |
appropriated to the Fund each year appropriation after the |
distribution in paragraph (1) of this subsection, the |
Authority shall designate at least 10% for the purposes of |
Section 20 of this Act in areas of the State not covered |
under paragraph (1) of this subsection. |
(3) The remaining annual receipts on deposit |
appropriated to the Fund each year appropriation after the |
distributions in paragraphs (1) and (2) of this subsection |
shall be distributed according to Section 15 of this Act in |
areas of the State not covered under paragraph (1) of this |
subsection.
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(Source: P.A. 94-118, eff. 7-5-05.)
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(310 ILCS 105/25)
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Sec. 25. Criteria for awarding grants. The Authority shall |
adopt rules
to govern the awarding of grants and the continuing |
eligibility for grants
under Sections 15 and 20. Requests for |
proposals under
Section 20 must specify that proposals must |
satisfy these rules.
The rules must contain and be consistent |
with, but need not be limited to,
the following criteria:
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(1) Eligibility for tenancy in the units supported by |
grants to local
administering agencies must be
limited
to |
households with gross income at or below 30% of the median
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family income for the area in which the grant will be
made. |
Fifty percent of the units that are supported by any grant |
must be set
aside for households whose income is at or |
below 15% of the area median
family income for the area in |
which the grant will be made, provided that local |
administering agencies may negotiate flexibility in
this |
set-aside with the Authority if they demonstrate that they |
have been
unable to locate sufficient tenants in this lower |
income range. Income eligibility for units supported by |
grants to local administering agencies must be verified |
annually by landlords and submitted to local administering |
agencies. Tenants
must have sufficient income to be able to |
afford the tenant's share of the
rent. For grants awarded |
under Section 20, eligibility for tenancy in units
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supported by grants must be limited to households with a |
gross income at or
below
30% of area median family income |
for the area in which the grant will be made. Fifty percent |
of the units that are supported by any grant must be set |
aside for households whose income is at or below 15% of the |
median family income for the area in which the grant will |
be made, provided that developers may negotiate |
flexibility in this set-aside with the Authority or |
municipality as defined in subsection (b) of Section 10 if |
it demonstrates that it has been unable to locate |
sufficient tenants in this lower income range.
The |
Authority shall determine what sources qualify as a |
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tenant's income.
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(2) Local administering agencies must include |
2-bedroom, 3-bedroom,
and 4-bedroom units among those |
intended to be supported by grants
under the Program |
program. In grants under Section 15, the precise number of
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these units among all the units intended to be supported by |
a grant must be
based on need in the community for larger |
units and other factors that the
Authority specifies in |
rules. The local administering agency must specify
the |
basis for the numbers of these units that are proposed for |
support under
a grant. Local administering agencies must |
make a good faith effort to
comply with this allocation of |
unit sizes. In grants awarded under Section
20, developers |
and the Authority or municipality, as defined in subsection |
(b) of Section 10, shall negotiate the numbers and sizes of
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units to be built in a project and supported by the grant.
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(3) Under grants awarded under Section 15, local |
administering agencies
must enter into a payment contract |
with the landlord that defines the method of payment and |
must pay subsidies to landlords on a quarterly basis and in |
advance of the
quarter paid for.
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(4) Local administering agencies and developers must |
specify how
vacancies in units supported by a grant must be |
advertised and they must include provisions for outreach to |
local
homeless shelters, organizations that work with |
people with disabilities,
and others interested in |
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affordable housing.
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(5) The local administering agency or developer must |
establish a schedule
for the tenant's rental obligation for |
units supported by a grant. The
tenant's share of the rent |
must be a flat amount, calculated annually, based on the |
size of the
unit and the household's income category. In |
establishing the schedule for
the tenant's rental |
obligation, the local administering agency or developer
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must use 30% of gross income within an income range as a |
guide, and it
may charge an additional or lesser amount.
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(6) The amount of the subsidy provided under a grant |
for a unit must be
the difference between the amount of the |
tenant's obligation and the total
amount of rent for the
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unit. The total amount of rent for the unit must be |
negotiated between the
local
administering authority and |
the landlord under Section 15, or between the
Authority or |
municipality, as defined in subsection (b) of Section 10, |
and the developer under Section 20, using comparable rents |
for units of comparable size and condition in the |
surrounding community as a guideline.
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(7) Local administering agencies and developers, |
pursuant to criteria
the
Authority develops in rules, must |
ensure that there are procedures in place
to maintain the |
safety and habitability of units supported under grants. |
Local administering agencies must inspect
units before |
supporting them under a grant awarded under Section 15.
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(8) Local administering agencies must provide or |
ensure that tenants are
provided with a "bill of rights" |
with their lease setting forth local
landlord-tenant laws |
and procedures and contact information for the local
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administering agency.
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(9) A local administering agency must create
a plan |
detailing a process for helping
to provide information, |
when necessary, on how to access education, training, and |
other
supportive services to tenants living in units |
supported under the grant. The
plan must be
submitted as a |
part of the administering agency's proposal to the |
Authority
required under
Section 15.
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(10) Local administering agencies and developers may |
not use funding under
the
grant to develop or support |
housing that requires that a tenant has a particular |
diagnosis or type of disability as a condition of |
eligibility for occupancy unless the requirement is |
mandated by another funding source for the housing. Local |
administering agencies and developers may use grant |
funding to develop integrated housing opportunities for |
persons with disabilities, but not housing restricted to a |
specific disability type.
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(11) In order to plan for periodic fluctuations in |
annual receipts on deposit appropriated to the Fund each |
year program revenue, the Authority shall establish by rule |
a mechanism for establishing a reserve fund and the level |
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of funding that shall be held in reserve either by the |
Authority or by local administering agencies.
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(12) The Authority shall perform annual |
reconciliations of all distributions made in connection |
with the Program and may offset future distributions to |
balance geographic distribution requirements of this Act. |
(Source: P.A. 97-892, eff. 8-3-12.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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