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1 | AN ACT concerning rental housing.
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2 | Be it enacted by the People of the State of Illinois, | ||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | ||||||||||||||||||||||||||||||
5 | Rental Housing Support
Program Act .
| ||||||||||||||||||||||||||||||
6 | Section 5. Legislative findings and purpose. The General | ||||||||||||||||||||||||||||||
7 | Assembly finds
that in many parts of this State, large numbers | ||||||||||||||||||||||||||||||
8 | of citizens are faced with the
inability to secure affordable | ||||||||||||||||||||||||||||||
9 | rental housing. Due to either insufficient wages
or a shortage | ||||||||||||||||||||||||||||||
10 | of affordable rental housing stock, or both, many families have
| ||||||||||||||||||||||||||||||
11 | difficulty securing decent housing, are subjected to | ||||||||||||||||||||||||||||||
12 | overcrowding, pay too
large a portion of their total monthly | ||||||||||||||||||||||||||||||
13 | income for housing and consequently
suffer the lack of other
| ||||||||||||||||||||||||||||||
14 | basic needs, live in substandard or unhealthy housing, or | ||||||||||||||||||||||||||||||
15 | experience chronic
housing instability. Instability and | ||||||||||||||||||||||||||||||
16 | inadequacy in housing limits the
employability and | ||||||||||||||||||||||||||||||
17 | productivity of many citizens, adversely affects family
health | ||||||||||||||||||||||||||||||
18 | and stress levels, impedes children's ability to learn, and | ||||||||||||||||||||||||||||||
19 | produces
corresponding drains on public resources. It is the | ||||||||||||||||||||||||||||||
20 | purpose of this Act to
create a State program to help | ||||||||||||||||||||||||||||||
21 | localities address the need for decent,
affordable, permanent | ||||||||||||||||||||||||||||||
22 | rental housing.
| ||||||||||||||||||||||||||||||
23 | Section 7. Definitions. In this Act:
| ||||||||||||||||||||||||||||||
24 | "Authority" means the Illinois Housing Development | ||||||||||||||||||||||||||||||
25 | Authority.
| ||||||||||||||||||||||||||||||
26 | "Program" means the Rental Housing Support Program.
| ||||||||||||||||||||||||||||||
27 | "Real estate-related document" means any recorded document | ||||||||||||||||||||||||||||||
28 | that effects an
interest in real property.
| ||||||||||||||||||||||||||||||
29 | "Rental Housing Support Program State surcharge" means the | ||||||||||||||||||||||||||||||
30 | $10 surcharge
imposed by this Act on the privilege of recording | ||||||||||||||||||||||||||||||
31 | any real estate-related document.
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1 | "Unit" means a rental apartment unit receiving a subsidy by | ||||||
2 | means of a grant
under this Act. "Unit" does not include | ||||||
3 | housing units intended as transitional
or
temporary housing.
| ||||||
4 | Section 10. Creation of program. The Rental Housing Support | ||||||
5 | Program is
created within the Illinois
Housing Development | ||||||
6 | Authority. The
Authority shall administer the program and | ||||||
7 | create rules for its implementation.
| ||||||
8 | Section 15. Grants to local administering agencies. | ||||||
9 | (a) Under the program, the Authority shall make grants to | ||||||
10 | local
administering agencies to provide subsidies to landlords | ||||||
11 | to enable the
landlords to charge rent affordable for | ||||||
12 | low-income tenants. Grants shall also
include an amount for the | ||||||
13 | operating expenses of local administering agencies.
| ||||||
14 | (b) The Authority shall develop a request-for-proposals | ||||||
15 | process for
soliciting proposals from local administering | ||||||
16 | agencies and for
awarding grants. The request-for-proposals | ||||||
17 | process and the funded projects must
be consistent with the | ||||||
18 | criteria set forth in Section 25 and with
additional criteria | ||||||
19 | set forth by the Authority in rules implementing this Act.
| ||||||
20 | (c) Local administering agencies may be local governmental | ||||||
21 | bodies, local
housing authorities, or not-for-profit | ||||||
22 | organizations. The Authority shall
set forth in rules the | ||||||
23 | financial and capacity requirements necessary for an
| ||||||
24 | organization to qualify as a local administering agency and the | ||||||
25 | parameters for administration of the grants by local | ||||||
26 | administering agencies.
| ||||||
27 | (d) The Authority shall distribute grants to local | ||||||
28 | administering agencies
according to a formula based on U.S. | ||||||
29 | Census data. The formula shall determine
percentages of the | ||||||
30 | funds to be distributed to the following geographic areas:
(i)
| ||||||
31 | Chicago; (ii) suburban areas: Cook County (excluding Chicago), | ||||||
32 | DuPage County,
Lake County, Kane County, Will County, and | ||||||
33 | McHenry County; (iii) small
metropolitan areas: Springfield, | ||||||
34 | Rockford, Peoria, Decatur, Champaign-Urbana,
|
| |||||||
|
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1 | Bloomington-Normal, Rock Island, DeKalb, Madison County, | ||||||
2 | Moline, Pekin,
Rantoul, and St. Clair County; and (iv) rural | ||||||
3 | areas. A geographic area's
percentage share shall be determined | ||||||
4 | by the total number of households that
have an annual income of | ||||||
5 | less than 50% of State median income for a household
of 4 and | ||||||
6 | that are paying more than 30% of their income for rent. The | ||||||
7 | geographic distribution shall be re-determined
by the | ||||||
8 | Authority each time new U.S. Census data becomes available. The
| ||||||
9 | Authority shall phase in any changes to the geographic formula | ||||||
10 | to prevent a
large
withdrawal of resources from one area that | ||||||
11 | could negatively impact households
receiving rental housing | ||||||
12 | support.
| ||||||
13 | (e) In order to ensure applications from all geographic | ||||||
14 | areas of the
State, the
Authority shall create a plan to ensure | ||||||
15 | that potential local
administering agencies have
ample time and | ||||||
16 | support to consider making an application and to prepare an
| ||||||
17 | application.
Such a plan must include, but is not limited to: | ||||||
18 | an outreach and education plan
regarding
the program and the | ||||||
19 | requirements for a local administering agency; ample time
| ||||||
20 | between the
initial
notice of funding ability and the deadline | ||||||
21 | to submit an application, which
shall not be less than 9
| ||||||
22 | months;
and access to assistance from the Authority or another | ||||||
23 | agency in considering
and preparing the application.
| ||||||
24 | (f) The Chicago Low-Income Housing Trust Fund has an | ||||||
25 | existing program that
matches the function and purpose of the | ||||||
26 | program described in this Act and meets
the
specific criteria | ||||||
27 | set forth in Section 25. Therefore, the Chicago Low-Income
| ||||||
28 | Housing
Trust Fund shall be the local administering agency of | ||||||
29 | the program for Chicago
and shall
receive the funds designated | ||||||
30 | for Chicago under the geographic distribution
formula set
forth | ||||||
31 | in subsection (d).
| ||||||
32 | (g) In order to maintain consistency for households | ||||||
33 | receiving rental housing
support, the Authority shall, to the | ||||||
34 | extent possible given funding resources available in the Rental | ||||||
35 | Housing Support Program,
continue to fund local administering | ||||||
36 | agencies at the same level on an annual
basis, unless the |
| |||||||
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1 | Authority determines that a local administering agency is not
| ||||||
2 | meeting the criteria set forth in Section 25 or is not adhering | ||||||
3 | to other standards set forth by rule by the Authority.
| ||||||
4 | Section 20. Grants for affordable housing developments.
| ||||||
5 | (a) The Authority may award grants under the program | ||||||
6 | directly for
the development of affordable rental housing for | ||||||
7 | long-term
operating support to enable the rent on such units to | ||||||
8 | be affordable.
Developers of such new housing shall apply | ||||||
9 | directly to the
Authority for this type of grant under the | ||||||
10 | program.
| ||||||
11 | (b) The Authority shall prescribe by rule the application | ||||||
12 | requirements
and the qualifications necessary for a developer | ||||||
13 | and a development
to qualify for a grant under the program. In | ||||||
14 | any event, however, to
qualify for a grant, the development | ||||||
15 | must satisfy the criteria set
forth in Section 25, unless | ||||||
16 | waived by the Authority
based on special circumstances and in | ||||||
17 | furtherance of the purpose
of the program to increase the | ||||||
18 | supply of affordable rental housing.
| ||||||
19 | (c) The Authority must use at least 10% of the funds | ||||||
20 | generated for the
Program in any
given year for grants under | ||||||
21 | this Section.
In any given year, the Authority is not required | ||||||
22 | to spend the 10% of its
funds that accrues
in that year but may | ||||||
23 | add all or part of that 10% to the 10% allocation for
| ||||||
24 | subsequent years
for the purpose of funding grants under this | ||||||
25 | Section.
| ||||||
26 | Section 25. Criteria for awarding grants. The Authority | ||||||
27 | shall adopt rules
to govern the awarding of grants and the | ||||||
28 | continuing eligibility for grants
under Sections 15 and 20. | ||||||
29 | Requests for proposals under
Section 20 must specify that | ||||||
30 | proposals must satisfy these rules.
The rules must contain and | ||||||
31 | be consistent with, but need not be limited to,
the following | ||||||
32 | criteria:
| ||||||
33 | (1) Eligibility for tenancy in the units supported by | ||||||
34 | grants to local
administering agencies must be
limited
to |
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1 | households with gross income at or below 30% of the area | ||||||
2 | median
income, determined by the Authority using | ||||||
3 | statistical data it deems to be
reliable and as specific as | ||||||
4 | possible for the area in which the grant will be
made. | ||||||
5 | Fifty percent of the units that are supported by any grant | ||||||
6 | must be set
aside for households whose income is at or | ||||||
7 | below 15% of the area median
income, provided that | ||||||
8 | localities may negotiate flexibility in
this set-aside | ||||||
9 | with the Authority if they demonstrate that they have been
| ||||||
10 | unable to locate sufficient tenants in this lower income | ||||||
11 | range. Income eligibility for units supported by grants to | ||||||
12 | local administering agencies must be verified annually by | ||||||
13 | landlords and submitted to local administering agencies. | ||||||
14 | Tenants
must have sufficient income to be able to afford | ||||||
15 | the tenant's share of the
rent. For grants awarded under | ||||||
16 | Section 20, eligibility for tenancy in units
supported by | ||||||
17 | grants must be limited to households with a gross income at | ||||||
18 | or
below
30% of area median income.
The Authority shall | ||||||
19 | determine what sources qualify as a tenant's income.
| ||||||
20 | (2) Local administering authorities must include | ||||||
21 | 2-bedroom, 3-bedroom,
and 4-bedroom units among those | ||||||
22 | intended to be supported by grants
under the program. In | ||||||
23 | grants under Section 15, the precise number of
these units | ||||||
24 | among all the units intended to be supported by a grant | ||||||
25 | must be
based on need in the community for larger units and | ||||||
26 | other factors that the
Authority specifies in rules. The | ||||||
27 | local administering agency must specify
the basis for the | ||||||
28 | numbers of these units that are proposed for support under
| ||||||
29 | a grant. Local administering agencies must make a good | ||||||
30 | faith effort to
comply with this allocation of unit sizes. | ||||||
31 | In grants awarded under Section
20, developers and the | ||||||
32 | Authority shall negotiate the numbers and sizes of
units to | ||||||
33 | be built in a project and supported by the grant.
| ||||||
34 | (3) Under grants awarded under Section 15, local | ||||||
35 | administering agencies
must enter into a payment contract | ||||||
36 | with the landlord that defines the method of payment and |
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1 | must pay subsidies to landlords on a quarterly basis and in | ||||||
2 | advance of the
quarter paid for.
| ||||||
3 | (4) Local administering agencies and developers must | ||||||
4 | specify how
vacancies in units supported by a grant must be | ||||||
5 | advertised, and with
respect to each vacancy they must | ||||||
6 | include provisions for outreach to local
homeless | ||||||
7 | shelters, organizations that work with people with | ||||||
8 | disabilities,
and others interested in affordable housing.
| ||||||
9 | (5) The local administering agency or developer must | ||||||
10 | establish a schedule
for the tenant's rental obligation for | ||||||
11 | units supported by a grant. The
tenant's share of the rent | ||||||
12 | must be a flat amount based on the size of the
unit and the | ||||||
13 | household's income category. In establishing the schedule | ||||||
14 | for
the tenant's rental obligation, the local | ||||||
15 | administering agency or developer
must use 30% of gross | ||||||
16 | income within an income range as a guide, and it
may charge | ||||||
17 | an additional or lesser amount.
| ||||||
18 | (6) The amount of the subsidy provided under a grant | ||||||
19 | for a unit must be
the difference between the amount of the | ||||||
20 | tenant's obligation and the total
amount of rent for the
| ||||||
21 | unit. The total amount of rent for the unit must be | ||||||
22 | negotiated between the
local
administering authority and | ||||||
23 | the landlord under Section 15, or between the
Authority and | ||||||
24 | the developer under Section 20, based on the operating
| ||||||
25 | expenses for the unit and using fair market rent as a | ||||||
26 | guideline.
| ||||||
27 | (7) Local administering agencies and developers, | ||||||
28 | pursuant to criteria
the
Authority develops in rules, must | ||||||
29 | ensure that there are procedures in place
to maintain the | ||||||
30 | safety and habitability of units supported under grants. | ||||||
31 | Local administering agencies must inspect
units before | ||||||
32 | supporting them under a grant awarded under Section 15.
| ||||||
33 | (8) Local administering agencies must provide or | ||||||
34 | ensure that tenants are
provided with a "bill of rights" | ||||||
35 | with their lease setting forth local
landlord-tenant laws | ||||||
36 | and procedures and contact information for the local
|
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1 | administering agency.
| ||||||
2 | (9) A local administering agency must create
a plan | ||||||
3 | detailing a process for helping
to provide information and | ||||||
4 | referrals when necessary for
education, training, and | ||||||
5 | other
supportive services to tenants living in units | ||||||
6 | supported under the grant. The
plan must be
submitted as a | ||||||
7 | part of the administering agency's proposal to the | ||||||
8 | Authority
required under
Section 15.
| ||||||
9 | (10) Local administering agencies and developers may | ||||||
10 | not use funding under
the
grant to develop or support | ||||||
11 | housing that segregates tenants according to
presence of or
| ||||||
12 | type of disability.
| ||||||
13 | (11) In order to plan for periodic fluctuations in | ||||||
14 | program revenue, the Authority shall establish by rule a | ||||||
15 | mechanism for establishing a reserve fund held either by | ||||||
16 | the Authority or by local administering agencies.
| ||||||
17 | Section 85. The State Finance Act is amended by adding | ||||||
18 | Section 5.625
as follows:
| ||||||
19 | (30 ILCS 105/5.625 new)
| ||||||
20 | Sec. 5.625. The Rental Housing Support Program Fund.
| ||||||
21 | Section 90. The Counties Code is amended by changing
| ||||||
22 | Sections 3-5018 and 4-12002 as follows:
| ||||||
23 | (55 ILCS 5/3-5018) (from Ch. 34, par. 3-5018)
| ||||||
24 | Sec. 3-5018. Fees. The recorder elected as provided for in | ||||||
25 | this
Division shall receive such fees as are or may be provided | ||||||
26 | for him by law,
in case of provision therefor: otherwise he | ||||||
27 | shall receive the same fees as
are or may be provided in this | ||||||
28 | Section, except when increased by county
ordinance pursuant to | ||||||
29 | the provisions of this Section, to be paid to the
county clerk | ||||||
30 | for his services in the office of recorder for like services.
| ||||||
31 | For recording deeds or other instruments $12 for the first | ||||||
32 | 4 pages
thereof, plus $1 for each additional page thereof, plus |
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1 | $1 for each
additional document number therein noted. The | ||||||
2 | aggregate minimum fee
for recording any one instrument shall | ||||||
3 | not be less than $12.
| ||||||
4 | For recording deeds or other instruments wherein the | ||||||
5 | premises
affected thereby are referred to by document number | ||||||
6 | and not by legal
description a fee of $1 in addition to that | ||||||
7 | hereinabove referred to for
each document number therein noted.
| ||||||
8 | For recording assignments of mortgages, leases or liens $12 | ||||||
9 | for the
first 4 pages thereof, plus $1 for each additional page | ||||||
10 | thereof. However,
except for leases and liens pertaining to | ||||||
11 | oil, gas and other minerals,
whenever a mortgage, lease or lien | ||||||
12 | assignment assigns more than one
mortgage, lease or lien | ||||||
13 | document, a $7 fee shall be charged for the recording
of each | ||||||
14 | such mortgage, lease or lien document after the first one.
| ||||||
15 | For recording maps or plats of additions or subdivisions | ||||||
16 | approved by the
county or municipality (including the spreading | ||||||
17 | of the same of record in
map case or other proper books) or | ||||||
18 | plats of condominiums $50 for the first
page, plus $1 for each | ||||||
19 | additional page thereof except that in the case of
recording a | ||||||
20 | single page, legal size 8 1/2 x 14, plat of survey in which
| ||||||
21 | there are no more than two lots or parcels of land, the fee | ||||||
22 | shall be $12.
In each county where such maps or plats are to be | ||||||
23 | recorded, the recorder
may require the same to be accompanied | ||||||
24 | by such number of exact, true and
legible copies thereof as the | ||||||
25 | recorder deems necessary for the efficient
conduct and | ||||||
26 | operation of his office.
| ||||||
27 | For certified copies of records the same fees as for | ||||||
28 | recording, but
in no case shall the fee for a certified copy of | ||||||
29 | a map or plat of an
addition, subdivision or otherwise exceed | ||||||
30 | $10.
| ||||||
31 | Each certificate of such recorder of the recording of the | ||||||
32 | deed or
other writing and of the date of recording the same | ||||||
33 | signed by such
recorder, shall be sufficient evidence of the | ||||||
34 | recording thereof, and
such certificate including the indexing | ||||||
35 | of record, shall be furnished
upon the payment of the fee for | ||||||
36 | recording the instrument, and no
additional fee shall be |
| |||||||
|
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1 | allowed for the certificate or indexing.
| ||||||
2 | The recorder shall charge an additional fee, in an amount | ||||||
3 | equal to the
fee otherwise provided by law, for recording a | ||||||
4 | document (other than a
document filed under the Plat Act or the | ||||||
5 | Uniform Commercial Code) that does
not conform to the following | ||||||
6 | standards:
| ||||||
7 | (1) The document shall consist of one or more | ||||||
8 | individual sheets measuring
8.5 inches by 11 inches, not | ||||||
9 | permanently bound and not a continuous form.
Graphic | ||||||
10 | displays accompanying a document to be recorded that | ||||||
11 | measure up to 11
inches by 17 inches shall be recorded | ||||||
12 | without charging an additional fee.
| ||||||
13 | (2) The document shall be legibly printed in black ink, | ||||||
14 | by hand, type,
or computer. Signatures and dates may be in | ||||||
15 | contrasting colors if they will
reproduce clearly.
| ||||||
16 | (3) The document shall be on white paper of not less | ||||||
17 | than 20-pound
weight and shall have a clean margin of at | ||||||
18 | least one-half inch on the top, the
bottom, and each side. | ||||||
19 | Margins may be used for non-essential notations that
will | ||||||
20 | not affect the validity of the document, including but not | ||||||
21 | limited to
form numbers, page numbers, and customer | ||||||
22 | notations.
| ||||||
23 | (4) The first page of the document shall contain a | ||||||
24 | blank space, measuring
at least 3 inches by 5 inches, from | ||||||
25 | the upper right corner.
| ||||||
26 | (5) The document shall not have any attachment stapled | ||||||
27 | or otherwise
affixed to any page.
| ||||||
28 | A document that does not conform to these standards shall
not | ||||||
29 | be recorded except upon payment of the additional fee required | ||||||
30 | under
this paragraph. This paragraph, as amended by this | ||||||
31 | amendatory Act of 1995,
applies only to documents dated after | ||||||
32 | the effective date of this amendatory
Act of 1995.
| ||||||
33 | The county board of any county may provide for an | ||||||
34 | additional charge of $3
for filing every instrument, paper, or | ||||||
35 | notice for record, (1)
in order to
defray the cost of | ||||||
36 | converting the county recorder's document storage system
to |
| |||||||
|
|||||||
1 | computers or micrographics
and (2) in order to defray the cost | ||||||
2 | of providing access to records through
the global
information | ||||||
3 | system known as the Internet.
| ||||||
4 | A special fund shall be set up by the treasurer of the | ||||||
5 | county and such
funds collected pursuant to Public Act 83-1321 | ||||||
6 | shall be used (1)
for
a document storage system to provide the | ||||||
7 | equipment, materials and necessary
expenses incurred to help | ||||||
8 | defray the costs of implementing and maintaining
such a | ||||||
9 | document records system
and (2) for a system to provide | ||||||
10 | electronic access to
those records.
| ||||||
11 | The county board of any county that provides and maintains | ||||||
12 | a countywide map
through a Geographic Information System (GIS) | ||||||
13 | may provide for an additional
charge of $3 for filing every | ||||||
14 | instrument, paper, or notice for record (1)
in order
to defray | ||||||
15 | the cost of implementing or maintaining the county's Geographic
| ||||||
16 | Information System
and (2) in order to defray the cost of | ||||||
17 | providing electronic access to the
county's
Geographic
| ||||||
18 | Information System records.
Of that amount, $2 must be | ||||||
19 | deposited into a special fund
set up by the treasurer of the | ||||||
20 | county, and any moneys collected pursuant to
this amendatory | ||||||
21 | Act of the 91st General Assembly and deposited into that fund
| ||||||
22 | must be used solely for the equipment, materials, and necessary | ||||||
23 | expenses
incurred in implementing and maintaining a Geographic | ||||||
24 | Information System and
in order to defray the cost of providing | ||||||
25 | electronic access to the county's
Geographic Information | ||||||
26 | System records.
The remaining $1 must be deposited into the | ||||||
27 | recorder's special funds created
under Section 3-5005.4. The | ||||||
28 | recorder may, in his or her discretion, use moneys
in the funds | ||||||
29 | created under Section 3-5005.4 to defray the cost of | ||||||
30 | implementing
or maintaining the county's Geographic | ||||||
31 | Information System
and to defray the cost of providing | ||||||
32 | electronic access to the county's
Geographic
Information | ||||||
33 | System records.
| ||||||
34 | The recorder shall collect a $10 Rental Housing Support | ||||||
35 | Program
State surcharge for the recordation of any real | ||||||
36 | estate-related document. Payment of
the
Rental Housing Support |
| |||||||
|
|||||||
1 | Program State surcharge shall be evidenced by a
receipt that | ||||||
2 | shall be marked upon or otherwise affixed to the real
| ||||||
3 | estate-related
document by the recorder. The form of this | ||||||
4 | receipt shall be prescribed by
the Department of Revenue and | ||||||
5 | the receipts shall be issued by the
Department of Revenue to | ||||||
6 | each county recorder. One dollar of the
surcharge shall be | ||||||
7 | retained by the county in which it was collected in the
| ||||||
8 | county's general revenue fund.
| ||||||
9 | On the 15th day of each month, each county recorder shall | ||||||
10 | report
to the Department of Revenue, on a form prescribed by | ||||||
11 | the Department,
the number of real estate-related documents | ||||||
12 | recorded for which
the Rental Housing Support Program
State | ||||||
13 | surcharge was collected. Each recorder shall submit $9 of the
| ||||||
14 | Rental Housing Support Program State surcharges collected in | ||||||
15 | the
preceding month to the Department of Revenue and the | ||||||
16 | Department
shall deposit these amounts in the Rental Housing | ||||||
17 | Support Program Fund. Subject to appropriation, amounts in the | ||||||
18 | Fund may be expended only for the purpose of funding and | ||||||
19 | administering the Rental Housing Support Program.
| ||||||
20 | The foregoing fees allowed by this Section are the maximum | ||||||
21 | fees that
may be collected from any officer, agency, department | ||||||
22 | or other
instrumentality of the State. The county board may, | ||||||
23 | however, by ordinance,
increase the fees allowed by this | ||||||
24 | Section and collect such increased fees
from all persons and | ||||||
25 | entities other than officers, agencies, departments
and other | ||||||
26 | instrumentalities of the State if the increase is justified by | ||||||
27 | an
acceptable cost study showing that the fees allowed by this | ||||||
28 | Section are not
sufficient to cover the cost of providing the | ||||||
29 | service.
Regardless of any other provision in this Section, the | ||||||
30 | maximum fee that may
be collected from the Department of | ||||||
31 | Revenue for filing or indexing a
lien, certificate of lien | ||||||
32 | release or subordination, or any other type of notice
or other | ||||||
33 | documentation affecting or concerning a lien is $5. Regardless | ||||||
34 | of
any other provision in this Section, the maximum fee that | ||||||
35 | may be collected from
the Department of Revenue for indexing | ||||||
36 | each additional name in excess
of one for any lien, certificate |
| |||||||
|
|||||||
1 | of lien release or subordination, or any other
type of notice | ||||||
2 | or other documentation affecting or concerning a lien is $1.
| ||||||
3 | A statement of the costs of providing each service, program | ||||||
4 | and activity
shall be prepared by the county board. All | ||||||
5 | supporting documents shall be
public record and subject to | ||||||
6 | public examination and audit. All direct and
indirect costs, as | ||||||
7 | defined in the United States Office of Management and
Budget | ||||||
8 | Circular A-87, may be included in the determination of the | ||||||
9 | costs of
each service, program and activity.
| ||||||
10 | (Source: P.A. 92-16, eff. 6-28-01; 92-492, eff. 1-1-02; 93-256, | ||||||
11 | eff.
7-22-03.)
| ||||||
12 | (55 ILCS 5/4-12002) (from Ch. 34, par. 4-12002)
| ||||||
13 | Sec. 4-12002. Fees of recorder in third class counties. The | ||||||
14 | fees of
the recorder in counties of the third class for | ||||||
15 | recording deeds or other
instruments in writing and maps of | ||||||
16 | plats of additions, subdivisions or
otherwise, and for | ||||||
17 | certifying copies of records, shall be paid in advance
and | ||||||
18 | shall be as follows:
| ||||||
19 | For recording deeds or other instruments $20 for the first | ||||||
20 | 2 pages
thereof, plus $2 for each additional page thereof. The | ||||||
21 | aggregate minimum fee
for recording
any one instrument shall | ||||||
22 | not be less than $20.
| ||||||
23 | For recording deeds or other instruments wherein the | ||||||
24 | premises
affected thereby are referred to by document number | ||||||
25 | and not by legal
description the recorder shall charge a fee of | ||||||
26 | $4 in addition
to that hereinabove referred to for each | ||||||
27 | document number therein noted.
| ||||||
28 | For recording deeds or other instruments wherein more than | ||||||
29 | one tract,
parcel or lot is described and such additional | ||||||
30 | tract, or tracts, parcel
or parcels, lot or lots is or are | ||||||
31 | described therein as falling in a
separate or different | ||||||
32 | addition or subdivision the recorder
shall charge as an | ||||||
33 | additional fee, to that herein provided, the sum of
$2 for each | ||||||
34 | additional addition or subdivision referred to in such deed
or | ||||||
35 | instrument.
|
| |||||||
|
|||||||
1 | For recording maps or plats of additions, subdivisions or | ||||||
2 | otherwise
(including the spreading of the same of record in | ||||||
3 | well bound books) $100
plus $2 for each tract, parcel or lot | ||||||
4 | contained therein.
| ||||||
5 | For certified copies of records the same fees as for | ||||||
6 | recording, but
in no case shall the fee for a certified copy of | ||||||
7 | a map or plat of an
addition, subdivision or otherwise exceed | ||||||
8 | $200.
| ||||||
9 | For filing of each release of any chattel mortgage or trust | ||||||
10 | deed
which has been filed but not recorded and for indexing the | ||||||
11 | same in the
book to be kept for that purpose $10.
| ||||||
12 | For processing the sworn or affirmed statement required for | ||||||
13 | filing a deed
or assignment of a beneficial interest in a land | ||||||
14 | trust in accordance with
Section 3-5020 of this Code, $2.
| ||||||
15 | The recorder shall charge an additional fee, in an amount | ||||||
16 | equal to the
fee otherwise provided by law, for recording a | ||||||
17 | document (other than a
document filed under the Plat Act or the | ||||||
18 | Uniform Commercial Code) that does
not conform to
the following | ||||||
19 | standards:
| ||||||
20 | (1) The document shall consist of one or more | ||||||
21 | individual sheets
measuring 8.5 inches by 11 inches, not | ||||||
22 | permanently bound and not a
continuous form. Graphic | ||||||
23 | displays accompanying a document to be recorded
that | ||||||
24 | measure up to 11 inches by 17 inches shall be recorded | ||||||
25 | without charging
an additional fee.
| ||||||
26 | (2) The document shall be legibly printed in black ink,
| ||||||
27 | by hand, type, or
computer. Signatures and dates may
be
in | ||||||
28 | contrasting colors if they will reproduce clearly.
| ||||||
29 | (3) The document shall be on white paper of not less | ||||||
30 | than 20-pound
weight and shall have a clean margin of at | ||||||
31 | least one-half inch on the top, the
bottom, and each side. | ||||||
32 | Margins may be used only for non-essential notations
that | ||||||
33 | will not affect the validity of the document, including but | ||||||
34 | not limited to
form numbers, page numbers, and customer | ||||||
35 | notations.
| ||||||
36 | (4) The first page of the document shall contain a |
| |||||||
|
|||||||
1 | blank space, measuring
at least 3 inches by 5 inches, from | ||||||
2 | the upper right corner.
| ||||||
3 | (5) The document shall not have any attachment stapled | ||||||
4 | or otherwise
affixed to any page.
| ||||||
5 | A document that does not conform to these standards shall
not | ||||||
6 | be recorded except upon payment of the additional fee required | ||||||
7 | under
this paragraph. This paragraph, as amended by this | ||||||
8 | amendatory Act of 1995,
applies only to documents dated after | ||||||
9 | the effective date of this amendatory
Act of 1995.
| ||||||
10 | The recorder shall collect a $10 Rental Housing Support | ||||||
11 | Program
State surcharge for the recordation of any real | ||||||
12 | estate-related document. Payment of
the
Rental Housing Support | ||||||
13 | Program State surcharge shall be evidenced by a
receipt that | ||||||
14 | shall be marked upon or otherwise affixed to the real
| ||||||
15 | estate-related
document by the recorder. The form of this | ||||||
16 | receipt shall be prescribed by
the Department of Revenue and | ||||||
17 | the receipts shall be issued by the
Department of Revenue to | ||||||
18 | each county recorder. One dollar of the
surcharge shall be | ||||||
19 | retained by the county in which it was collected in the
| ||||||
20 | county's general revenue fund.
| ||||||
21 | On the 15th day of each month, each county recorder shall | ||||||
22 | report
to the Department of Revenue, on a form prescribed by | ||||||
23 | the Department,
the number of real estate-related documents | ||||||
24 | recorded for which
the Rental Housing Support Program
State | ||||||
25 | surcharge was collected. Each recorder shall submit $9 of the
| ||||||
26 | Rental Housing Support Program State surcharges collected in | ||||||
27 | the
preceding month to the Department of Revenue and the | ||||||
28 | Department
shall deposit these amounts in the Rental Housing | ||||||
29 | Support Program Fund. Subject to appropriation, amounts in the | ||||||
30 | Fund may be expended only for the purpose of funding and | ||||||
31 | administering the Rental Housing Support Program.
| ||||||
32 | The fee requirements of this Section apply to units of | ||||||
33 | local
government and school districts.
| ||||||
34 | Regardless of any other provision in this Section, the | ||||||
35 | maximum fee that may
be collected from the Department of | ||||||
36 | Revenue for filing or indexing a
lien, certificate of lien |
| |||||||
|
|||||||
1 | release or subordination, or any other type of notice
or other | ||||||
2 | documentation affecting or concerning a lien is $5. Regardless | ||||||
3 | of any
other provision in this Section, the maximum fee that | ||||||
4 | may be collected from the
Department of Revenue for indexing | ||||||
5 | each additional name in excess of
one for any lien, certificate | ||||||
6 | of lien release or subordination, or any other
type of notice | ||||||
7 | or other documentation affecting or concerning a lien is $1.
| ||||||
8 | (Source: P.A. 92-492, eff. 1-1-02.)
| ||||||
9 | Section 99. Effective date. This Act takes effect on | ||||||
10 | January 1,
2005. |