103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1348
 
Introduced 2/6/2023, by Sen. Ann Gillespie
 
SYNOPSIS AS INTRODUCED:
 

 
310 ILCS 65/18.1 new

     Amends the Illinois Affordable Housing Act. Provides that the Illinois Housing Development Authority may develop on behalf of the State or with an eligible developer, or may
assist under a government assistance program in the
development of, housing projects that shall be exempt from all
statutes, ordinances, charter provisions, and rules of any
governmental agency relating to planning, zoning, construction
standards for subdivisions, the development and improvement of
land, and the construction of dwelling units, regardless of whether or not the project receives funding
under this Act, if: (1) the Illinois Housing Development Authority finds
the housing project is consistent with the purpose and
intent of the Act and meets minimum requirements of
health and safety; (2) the development of the proposed housing project
does not contravene any safety standards, tariffs, rates,
or fees approved by the Illinois Commerce Commission for
public utilities or of the various community water supply
advisory boards; and (3) the legislative body of the county in which the
housing project is to be situated approves the project
with or without modifications. Provides that the Affordable Housing Advisory Commission shall approve, approve with modification, or disapprove a boundary change within 45 days after the Illinois Housing Development Authority has submitted a petition to the Commission.  Provides that if, on the 46th day, the petition is not disapproved, it shall be deemed approved by the Commission.
  


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A BILL FOR
 

  
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1    AN ACT concerning housing.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Illinois Affordable Housing Act is amended  
5by adding Section 18.1 as follows:
 
6    (310 ILCS 65/18.1 new)
7    Sec. 18.1. Exemption from statutes, ordinances, charter 
8provisions, and rules.    
9    (a)  As used in this Section, "government assistance 
10program" means a housing program qualified by the Illinois 
11Housing Development Authority and administered or operated by 
12the Illinois Housing Development Authority or the U.S. 
13Department of Housing and Urban Development or any of their 
14political subdivisions, agencies, or instrumentalities, 
15corporate or otherwise.
16    (b)  The Illinois Housing Development Authority may develop 
17on behalf of the State or with an eligible developer, or may 
18assist under a government assistance program in the 
19development of, housing projects that shall be exempt from all 
20statutes, ordinances, charter provisions, and rules of any 
21governmental agency relating to planning, zoning, construction 
22standards for subdivisions, the development and improvement of 
23land, and the construction of dwelling units thereon, 
 
 
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1regardless of whether or not the project receives funding 
2under this Act, if all of the following is satisfied:
3        (1)  The Illinois Housing Development Authority finds 
4    the housing project is consistent with the purpose and 
5    intent of this Act and meets minimum requirements of 
6    health and safety.
7        (2)  The development of the proposed housing project 
8    does not contravene any safety standards, tariffs, rates, 
9    or fees approved by the Illinois Commerce Commission for 
10    public utilities or of the various community water supply 
11    advisory boards.
12        (3)  The legislative body of the county in which the 
13    housing project is to be situated approves the project 
14    with or without modifications.
15            (A)  The legislative body shall approve, approve 
16        with modification, or disapprove the project by 
17        resolution within 45 days after the Illinois Housing 
18        Development Authority has submitted the preliminary 
19        plans and specifications for the project to the 
20        legislative body.  If on the 46th day a project is not 
21        disapproved, it shall be deemed approved by the 
22        legislative body.
23            (B)  No action shall be prosecuted or maintained 
24        against any county, its officials, or employees on 
25        account of actions taken by them in reviewing, 
26        approving, modifying, or disapproving the plans and 
 
 
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1        specifications.
2            (C)  The final plans and specifications for the 
3        project shall be deemed approved by the legislative 
4        body if the final plans and specifications do not 
5        substantially deviate from the preliminary plans and 
6        specifications.  The final plans and specifications for 
7        the project shall constitute the zoning, building, 
8        construction, and subdivision standards for that 
9        project.  The Executive Director of the Illinois 
10        Housing Development Authority or the responsible 
11        county official may certify maps and plans of lands 
12        connected with the project as having complied with 
13        applicable laws and ordinances relating to 
14        consolidation and subdivision of lands, and the maps 
15        and plans shall be accepted for registration or 
16        recordation by the county's Office of Recorder of 
17        Deeds.
18    (c) The Affordable Housing Advisory Commission shall 
19approve, approve with modification, or disapprove a boundary 
20change within 45 days after the Illinois Housing Development 
21Authority has submitted a petition to the Commission.  If, on 
22the 46th day, the petition is not disapproved, it shall be 
23deemed approved by the Commission.