Section 395.103 Definitions
The following terms used in this Part
shall have the following definitions:
"Act":
The Affordable Housing Planning and Appeal Act [310 ILCS 67].
"Affordable housing":
Housing that has a value or cost or rental amount that is within the means of a
household that may occupy moderate-income housing or low-income housing.
In the case of owner-occupied dwelling
units, affordable housing means housing in which mortgage, amortization, taxes,
insurance and condominium or association fees, if any, constitute no more than
30% of the gross annual household income for a household of the size that may
occupy the dwelling unit.
In the case of dwelling units
for rent, affordable housing means housing for which the rent and utilities
constitute no more than 30% of the gross annual household income for a
household of the size that may occupy the dwelling unit. In the case of dwelling
units for rent, the costs of any required parking, maintenance or
landlord-imposed fees are to be included in the calculation of affordable
housing if available from the U.S. Census Bureau.
"Affordable housing developer":
A nonprofit entity, limited equity cooperative or public agency, or private
individual, firm, corporation, or other entity seeking to build an Affordable housing
development.
"Affordable housing development":
Any housing that is subsidized by the federal or State government, or any
housing in which at least 20% of the dwelling units are subject to covenants or
restrictions that require the dwelling units to be sold or rented at prices
that preserve them as affordable housing for a period of at least 15 years, in
the case of owner-occupied housing, and at least 30 years, in the case of
rental housing. [310 ILCS 67/15]
"Affordable housing plan":
A plan approved by a non-exempt local government as set forth in Section 25 of
the Act and submitted to IHDA for review and subsequent approval.
"Appellant": Any of
the following parties:
The affordable housing developer
of the proposed affordable housing development;
A person who would be eligible
to apply for residency in the proposed affordable housing development; or
A housing organization whose
geographic focus area includes the municipality, or county if in an
unincorporated area, where the proposed affordable housing development is
located. [310 ILCS 67/30]
"Approving authority":
The governing body of the local government.
"Area median household income":
The median household income adjusted for family size for applicable income
limit areas as determined annually by HUD under Section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437). [310 ILCS 67/15]
"Board": The State
Housing Appeals Board.
"Chairperson": The Chairperson
of the Board.
"Contumacious Conduct":
A willful disobedience of the Board's order.
"Days": Calendar days.
Due dates under this Part falling on a Saturday, Sunday or a legal State or federal
holiday shall be deemed to fall on the next calendar day that is not a
Saturday, Sunday or a legal State or federal holiday.
"Development": Any
building, construction, renovation or excavation, or any material change in any
structure or land, or change in the use of a structure or land, that results in
a net increase in the number of dwelling units in a structure or on a parcel of
land by more than one dwelling unit.
"Dwelling unit": Real
property located within the State upon which there is located a structure or
structures that are a single family home, a condominium or a multi-unit
residential structure that is the principal residence of the household that
resides in the unit.
"Exempt local government":
Any local government in which at least 10% of its total year-round housing
units are affordable housing, as determined by IHDA pursuant to Section 20 of
the Act, or any municipality with a population under 1,000.
"Household": The
person or persons occupying a Dwelling Unit.
"Housing
Organization": A trade or industry group engaged in construction or
management of housing units, or a nonprofit organization whose mission includes
providing or advocating for increased access to housing for low- and
moderate-income households.
"HUD": The United
States Department of Housing and Urban Development.
"IHDA": The Illinois
Housing Development Authority.
"IHDA
Act": The Illinois Housing Development Act [20 ILCS 3805].
"IHDA Chairman": The
chairman of IHDA.
"Local Government": A
county or a municipality, including home rule units and counties and
municipalities other than home rule units, as described in Article VII of the
Constitution of the State of Illinois.
"Low-Income Housing":
Housing that is affordable, according to HUD, for either home ownership or
rental and that is occupied, reserved or marketed for occupancy by Households
with a gross household income that does not exceed 50% of the Area Median
Household Income.
"Member": A member of
the State Housing Appeals Board.
"Moderate-Income
Housing": Housing that is affordable, according to HUD, for either home
ownership or rental, and that is occupied, reserved or marketed for occupancy
by Households with a gross household income that is greater than 50%, but does
not exceed 80%, of the Area Median Household Income.
"Non-Appealable Local
Government Requirements": All essential requirements that protect the
public health and safety, including any local building, electrical, fire or
plumbing code requirements or those requirements that are critical to the
protection or preservation of the environment. [310 ILCS 67/15] Zoning,
density and bulk restrictions may count as Non-Appealable Local Government
Requirements if the Board finds that they qualify under the Act's definition of
Non-Appealable Local Government Requirements.
"Non-Exempt Local Governments":
All local governments that do not meet the definition of Exempt Local
Governments.
"Offices of IHDA": 111
E. Wacker, Suite 1000, Chicago, Illinois 60601.
"Public Building": Any
building or portion thereof owned or leased by a Public Body. [5
ILCS 120/2.01]
"Public Body": All
legislative, executive, administrative or advisory bodies of the State,
counties, townships, cities, villages, incorporated towns, school districts,
and all other municipal corporations, boards, bureaus, committees or
commissions of the State, and any subsidiary bodies of any of the foregoing,
including, but not limited to, committees and subcommittees supported in whole
or in part by tax revenue, or that expend tax revenue, except the General
Assembly and committees or commissions of the General Assembly. [5 ILCS
120/1.02]
"State": The State of Illinois.
(Source: Amended at 50 Ill. Reg. 1085,
effective January 8, 2026)