SB2921 Enrolled

LRB093 21040 DRJ 47058 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 Housing Authorities Act is amended by 
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changing Section 25 as
follows:


 



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    (310 ILCS 10/25)
  (from Ch. 67 1/2, par. 25)



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    Sec. 25. Rentals and tenant selection. In the operation or 
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management
of housing projects an Authority
shall at all times 
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observe the following duties with respect to rentals and
tenant 
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selection:

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    (a) It shall not accept any person as a tenant in any

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dwelling in a housing project if the persons who would occupy 
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the dwelling
have an aggregate annual income which equals or 
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exceeds the amount which
the Authority determines (which 
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determination shall be conclusive) to be
necessary in order to 
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enable such persons to secure safe, sanitary and
uncongested 
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dwelling accommodations within the area of operation of the

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Authority and to provide an adequate standard of living for 
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themselves.

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    (b) It may rent or lease the dwelling accommodations 
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therein only at rentals
within the financial reach of persons 
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who lack the amount of income which
it determines (pursuant to 
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(a) of this Section) to be necessary in order to
obtain safe, 
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sanitary and uncongested dwelling accommodations within the

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area of operation of the Authority and to provide an adequate 
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standard of
living.

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    (c) It may rent or lease to a tenant a dwelling consisting 
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of the
number of rooms (but no greater number) which it deems 
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necessary to provide
safe and sanitary accommodations to the 
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proposed occupants thereof, without
overcrowding.

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    (d) It shall not change the residency preference of any 
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prospective
tenant once the application has been accepted by 
 


 






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the authority.

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    (e) It may refuse to certify or recertify applicants, 
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current tenants, or
other household members
renew the tenancy 
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of
any person if, after due notice
and an impartial hearing, 
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that person or any of the proposed occupants of
the dwelling 
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has, prior to or during a term of tenancy or occupancy in any

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housing
project operated by an Authority, been convicted of a 
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criminal offense
relating to the sale or distribution of 
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controlled
substances under the
laws of this State, the United 
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States or any other state.
If an Authority desires a criminal 
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history records check of all 50 states
or a 50-state 
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confirmation of a conviction record, the Authority shall submit

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the fingerprints of the relevant applicant, tenant, or other 
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household member
to the Department of State Police in a manner 
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prescribed by the Department of
State Police.
Confirmation of 
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conviction data shall be determined by a
fingerprint based

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criminal history records check.
In such cases, the tenant or

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proposed occupant to whom the disqualifying conviction record 
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belongs shall
have his or her fingerprints submitted to the 
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Department of State Police in the
form and manner prescribed by 
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the Department of State Police. These
fingerprints shall be 
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checked against the fingerprint records now and hereafter
filed 
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in the
Department of State Police and
Federal Bureau of 
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Investigation criminal history records databases.
The 
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Department of State Police shall charge a fee
for conducting 
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the criminal history records check, which shall be deposited in

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the State Police Services Fund and shall not exceed the actual 
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cost of the
records check.  The Department of State Police shall 
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furnish pursuant to
positive identification, records of 
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conviction to the Authority.

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    (f) It may, if a tenant has created or maintained a threat

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constituting a serious and clear danger to the health or safety 
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of other
tenants or Authority employees, after 3 days' written 
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notice
of termination and without a hearing, file suit against 
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any such tenant for
recovery of possession of the premises.  The 
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tenant shall be given the
opportunity to contest the 
 


 






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termination in the court proceedings.  A serious
and clear 
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danger to the health or safety of other tenants or Authority

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employees shall include, but not be limited to, any of the 
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following
activities of the tenant or of any other person on 
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the premises with the
consent of the tenant:


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        (1) Physical assault or the threat of physical assault.


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        (2) Illegal use of a firearm or other weapon or the 
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    threat to use in
an illegal manner a firearm or other 
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    weapon.


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        (3) Possession of a controlled substance by the tenant 
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    or any other person
on the premises with the consent of the 
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    tenant if the tenant knew or should
have known of the 
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    possession by the other person of a controlled
substance, 
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    unless the controlled substance was obtained
directly from 
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    or pursuant to a valid prescription.


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        (4) Streetgang membership as defined in the Illinois

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    Streetgang Terrorism Omnibus Prevention Act.

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    The management of low-rent public housing projects 
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financed and developed
under the U.S. Housing Act of 1937 shall

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be in accordance with that Act.

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    Nothing contained in this Section or any other Section of 
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this Act shall
be construed as limiting the power of an 
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Authority to vest in a bondholder
or trustee the right, in the 
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event of a default by the Authority, to take
possession and 
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operate a housing project or cause the appointment of a

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receiver thereof, free from all restrictions imposed by this 
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Section or any
other Section of this Act.

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(Source: P.A. 93-418, eff. 1-1-04.)



 
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    Section 99. Effective date.  This Act takes effect upon 
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becoming law.