093_HB0220ham001 LRB093 04610 BDD 13960 a 1 AMENDMENT TO HOUSE BILL 220 2 AMENDMENT NO. . Amend House Bill 220 by replacing 3 everything after the enacting clause with the following: 4 "Section 1. Short title. This Act may be cited as the 5 Affordable Housing Planning and Appeal Act. 6 Section 5. Findings. The legislature finds and declares 7 that: 8 (1) there exists a shortage of affordable, 9 accessible, safe, and sanitary housing for low-income and 10 moderate-income households in the State; 11 (2) it is imperative that action be taken to assure 12 the availability of low-income and moderate-income 13 housing; and 14 (3) local governments in the State that do not have 15 sufficient affordable housing are encouraged to assist in 16 providing low-income and moderate-income housing 17 opportunities to assure the health, safety, and welfare 18 of all citizens of the State. 19 Section 10. Purpose. The purpose of this Act is to 20 encourage counties and municipalities to incorporate 21 affordable housing within their housing stock sufficient to -2- LRB093 04610 BDD 13960 a 1 meet the needs of their county or community. Further, 2 builders who construct affordable housing developments who 3 believe that they have been unfairly treated due to the fact 4 that the development contains affordable housing stock may 5 seek relief from local ordinances and regulations that may 6 inhibit the construction of affordable housing needed to 7 serve low-income and moderate-income households in this 8 State. 9 Section 15. Definitions. As used in this Act: 10 "Affordable housing" means housing that has a sales price 11 or rental amount that is within the means of a household that 12 may occupy moderate-income, low-income, or very low-income 13 housing. In the case of dwelling units for sale, housing that 14 is affordable means housing in which mortgage, amortization, 15 taxes, insurance, and condominium or association fees, if 16 any, constitute no more than 30% of the gross annual 17 household income for a household of the size that may occupy 18 the unit. In the case of dwelling units for rent, housing 19 that is affordable means housing for which the rent and 20 utilities constitute no more than 30% of the gross annual 21 household income for a household of the size that may occupy 22 the unit. 23 "Affordable housing developer" means a nonprofit entity, 24 limited equity cooperative or public agency, or private 25 individual, firm, corporation, or other entity seeking to 26 build an affordable housing development. 27 "Affordable housing development" means (i) any housing 28 that is subsidized by the federal or State government or (ii) 29 any housing in which at least 20% of the dwelling units are 30 subject to covenants or restrictions that require that the 31 dwelling units be sold or rented at prices that preserve them 32 as affordable housing for a period of at least 15 years, in 33 the case of for-sale housing, and at least 30 years, in the -3- LRB093 04610 BDD 13960 a 1 case of rental housing. 2 "Approving authority" means the governing body of the 3 county or municipality. 4 "Development" means any building, construction, 5 renovation, or excavation or any material change in the use 6 or appearance of any structure or in the land itself; the 7 division of land into parcels; or any change in the intensity 8 or use of land, such as an increase in the number of dwelling 9 units in a structure or a change to a commercial use. 10 "Exempt local government" means any local government in 11 which at least 10% of its total year-round housing units are 12 affordable, as determined by the Illinois Housing Development 13 Authority pursuant to Section 20 of this Act; or any 14 municipality under 1,000 population. 15 "Household" means the person or persons occupying a 16 dwelling unit. 17 "Local government" means a county or municipality. 18 "Low-income housing" means housing that is affordable, 19 according to the federal Department of Housing and Urban 20 Development, for either home ownership or rental, and that is 21 occupied, reserved, or marketed for occupancy by households 22 with a gross household income that does not exceed 50% of the 23 median gross household income for households of the same size 24 within the county in which the housing is located. 25 "Moderate-income housing" means housing that is 26 affordable, according to the federal Department of Housing 27 and Urban Development, for either home ownership or rental, 28 and that is occupied, reserved, or marketed for occupancy by 29 households with a gross household income that is greater than 30 50% but does not exceed 80% of the median gross household 31 income for households of the same size within the county in 32 which the housing is located. 33 "Non-appealable local government requirements" means all 34 essential requirements that protect the public health and -4- LRB093 04610 BDD 13960 a 1 safety, including any local building, electrical, or plumbing 2 code requirements or those requirements that are critical to 3 the protection or preservation of the environment. 4 Section 20. Determination of exempt local governments. 5 (a) Beginning January 1, 2006, the Illinois Housing 6 Development Authority shall determine which local governments 7 are exempt and not exempt from the operation of this Act 8 based on an identification of the total number of year-round 9 housing units in the most recent decennial census for each 10 local government within the State and by an inventory of 11 for-sale and rental affordable housing units, as defined in 12 this Act, for each local government from the decennial census 13 and other relevant sources. 14 (b) The Illinois Housing Development Authority shall 15 make this determination by: 16 (i) totaling the number of for-sale housing units 17 in each local government that are affordable to 18 households with a gross household income that is less 19 than 80% of the median household income within the county 20 or primary metropolitan statistical area; 21 (ii) totaling the number of rental units in each 22 local government that are affordable to households with a 23 gross household income that is less than 60% of the 24 median household income within county or primary 25 metropolitan statistical area; 26 (iii) adding the number of for-sale and rental 27 units for each local government from items (i) and (ii); 28 and 29 (iv) dividing the sum of (iii) above by the total 30 number of year-round housing units in the local 31 government as contained in the latest decennial census 32 and multiplying the result by 100 to determine the 33 percentage of affordable housing units within the -5- LRB093 04610 BDD 13960 a 1 jurisdiction of the local government. 2 (c) Beginning January 1, 2006, the Illinois Housing 3 Development Authority shall publish on an annual basis a list 4 of exempt and non-exempt local governments and the data that 5 it used to calculate its determination. The data shall be 6 shown for each local government in the State and for the 7 State as a whole. 8 (d) A local government or developer of affordable 9 housing may appeal the determination of the Illinois Housing 10 Development Authority as to whether the local government is 11 exempt or non-exempt under this Act in connection with an 12 appeal under Section 30 of this Act. 13 Section 25. Affordable housing plan. 14 (a) Prior to July 1, 2004, all non-exempt local 15 governments must approve an affordable housing plan. 16 (b) For the purposes of this Act, the affordable housing 17 plan shall consist of at least the following: 18 (i) a statement of the total number of affordable 19 housing units that are necessary to exempt the local 20 government from the operation of this Act as defined in 21 Section 15 and Section 20. 22 (ii) an identification of lands within the local 23 government that are most appropriate for the construction 24 of affordable housing and of existing structures most 25 appropriate for conversion to, or rehabilitation for, 26 affordable housing, including a consideration of lands 27 and structures of developers who have expressed a 28 commitment to provide affordable housing and lands and 29 structures that are publicly or semi-publicly owned; 30 (iii) incentives that local governments may provide 31 for the purpose of attracting affordable housing to their 32 jurisdiction; and 33 (iv) a goal of a minimum of 15% of all new -6- LRB093 04610 BDD 13960 a 1 development or redevelopment within the local government 2 that would be defined as affordable housing in this Act; 3 or a minimum of a 3 percentage point increase in the 4 overall percentage of affordable housing within its 5 jurisdiction, as defined in Section 20 of this Act; or a 6 minimum of a total of 10% of affordable housing within 7 its jurisdiction. 8 (c) Within 60 days after the adoption of an affordable 9 housing plan or revisions to its affordable housing plan, the 10 local government must submit a copy of that plan to the 11 Illinois Housing Development Authority. 12 Section 30. Appeal to State Housing Appeals Board. 13 (a) Beginning January 1, 2006, an affordable housing 14 developer whose application is either denied or approved with 15 conditions that in his or her judgment render the provision 16 of affordable housing infeasible may, within 45 days after 17 the decision, submit to the State Housing Appeals Board 18 information regarding why the developer believes he or she 19 was unfairly denied or conditions were placed upon the 20 tentative approval of the development unless the local 21 government that rendered the decision is exempt under Section 22 15 or Section 20 of this Act. The Board shall maintain all 23 information forwarded to them by developers and shall compile 24 and make available an annual report summarizing the 25 information thus received. 26 (b) Beginning January 1, 2009, an affordable housing 27 developer whose application is either denied or approved with 28 conditions that in his or her judgment render the provision 29 of affordable housing infeasible may, within 45 days after 30 the decision, appeal to the State Housing Appeals Board 31 challenging that decision unless the municipality or county 32 that rendered the decision is exempt under Section 15 of this 33 Act. The developer must submit information regarding why the -7- LRB093 04610 BDD 13960 a 1 developer believes he or she was unfairly denied or 2 conditions was placed upon the tentative approval of the 3 development. 4 (c) Beginning January 1, 2009, the Board shall render a 5 decision on the appeal within 120 days after the appeal is 6 filed. In its determination of an appeal, the Board shall 7 conduct a de novo review of the matter. In rendering its 8 decision, the Board shall consider the facts and whether the 9 developer was treated in a manner that places an undue burden 10 on the development due to the fact that the development 11 contains affordable housing as defined in this Act. The Board 12 shall further consider any action taken by the unit of local 13 government in regards to granting waivers or variances that 14 would have the effect of creating or prohibiting the economic 15 viability of the development. In any proceeding before the 16 Board, the developer bears the burden of demonstrating that 17 he or she has been unfairly denied or conditions have been 18 placed upon the tentative approval for the application for an 19 affordable housing development. 20 (d) The Board shall dismiss any appeal if: 21 (i) the local government has adopted an affordable 22 housing plan as defined in Section 25 of this Act and 23 submitted that plan to the Illinois Housing Development 24 Authority within the time frame required by this Act; and 25 (ii) the local government has implemented its 26 affordable housing plan and has met its goal as 27 established in their affordable housing plan as defined 28 in Section 25 of this Act. 29 (e) The Board shall dismiss any appeal if the reason for 30 denying the application or placing conditions upon the 31 approval is a non-appealable local government requirement 32 under Section 15 of this Act. 33 (f) The Board may affirm, reverse, or modify the 34 conditions of, or add conditions to, a decision made by the -8- LRB093 04610 BDD 13960 a 1 approving authority. The decision of the Board constitutes an 2 order directed to the approving authority and is binding on 3 the local government, which shall forthwith issue any and all 4 necessary permits and approvals consistent with the 5 determination of the Board. 6 (g) The appellate court has the exclusive jurisdiction 7 to review decisions of the Board. 8 Section 40. Nonresidential development as part of an 9 affordable housing development. 10 (a) An affordable housing developer who applies to 11 develop property that contains nonresidential uses in a 12 nonresidential zoning district must designate either at least 13 50% of the area or at least 50% of the square footage of the 14 development for residential use. Unless adjacent to a 15 residential development, the nonresidential zoning district 16 shall not include property zoned industrial. The applicant 17 bears the burden of proof of demonstrating that the purposes 18 of a nonresidential zoning district will not be impaired by 19 the construction of housing in the zoning district and that 20 the public health and safety of the residents of the 21 affordable housing will not be adversely affected by 22 nonresidential uses either in existence or permitted in that 23 zoning district. The development should be completed 24 simultaneously to the extent possible and shall be unified in 25 design. 26 (b) For purposes of subsection (a), the square footage 27 of the residential portion of the development shall be 28 measured by the interior floor area of dwelling units, 29 excluding that portion that is unheated. Square footage of 30 the nonresidential portion shall be calculated according to 31 the gross leasable area. 32 Section 50. Housing Appeals Board. -9- LRB093 04610 BDD 13960 a 1 (a) Prior to July 1, 2006, a Housing Appeals Board shall 2 be created consisting of 7 members appointed by the Governor 3 as follows: 4 (1) a circuit judge, who shall act as chairperson; 5 (2) a zoning board of appeals member; 6 (3) a planning board member; 7 (4) a mayor or municipal council or board member; 8 (5) a county board member; 9 (6) an affordable housing developer; and 10 (7) an affordable housing advocate. 11 In addition, the Chairman of the Illinois Housing 12 Development Authority, ex officio, shall serve as a 13 non-voting member. 14 (b) Initial terms of 4 members designated by the 15 Governor shall be for 2 years. Initial terms of 3 members 16 designated by the Governor shall be for one year. Thereafter, 17 members shall be appointed for terms of 2 years. A member 18 shall receive no compensation for his or her services, but 19 shall be reimbursed by the State for all reasonable expenses 20 actually and necessarily incurred in the performance of his 21 or her official duties. The board shall hear all petitions 22 for review filed under this Act and shall conduct all 23 hearings in accordance with the rules and regulations 24 established by the chairperson. The Illinois Housing 25 Development Authority shall provide space and clerical and 26 other assistance that the Board may require. 27 (c) The Board may adopt such other rules and regulations 28 as it deems necessary and appropriate to carry out its 29 responsibilities under this Act and to provide direction to 30 local governments and affordable housing developers."