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| 1 | | AN ACT concerning 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 5. The Housing Authorities Act is amended by |
| 5 | | changing Sections 8.21 and 8.22 as follows:
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| 6 | | (310 ILCS 10/8.21) (from Ch. 67 1/2, par. 8.21)
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| 7 | | Sec. 8.21.
In determining the income of tenants for the |
| 8 | | purpose of
determining rent, the Housing Authority shall comply |
| 9 | | with all federal
housing statutes and regulations of the U.S. |
| 10 | | Department of Housing and
Urban Development.
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| 11 | | Exemptions to federal, State, or local requirements may be |
| 12 | | granted to a Housing Authority in the form of Waivers, |
| 13 | | Exclusions, Public Notices, Executive Orders, or Moving to Work |
| 14 | | Agreements approved by the U.S. Department of Housing and Urban |
| 15 | | Development. |
| 16 | | (Source: P.A. 86-789; 87-200.)
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| 17 | | (310 ILCS 10/8.22)
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| 18 | | Sec. 8.22. Determination of income.
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| 19 | | (a) Exclusions from income. In determining the income of a |
| 20 | | tenant for the
purpose of determining rent, the Housing |
| 21 | | Authority shall exclude the following
as provided in subsection |
| 22 | | (b):
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| 1 | | (i) The amount of any income received by the tenant as |
| 2 | | a result of
anti-drug, anti-crime, and related security |
| 3 | | initiatives conducted by the
Housing Authority. Any |
| 4 | | activities or income excluded under this subdivision
(i) |
| 5 | | must first be certified by the Housing Authority.
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| 6 | | (ii) Any income earned by a tenant during the first 12 |
| 7 | | months of
employment which follow a period of unemployment |
| 8 | | of 12 or
more consecutive months if:
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| 9 | | (A) a period of unemployment of 12 or more |
| 10 | | consecutive months or the
income received within the 12 |
| 11 | | months prior to employment is less than 10 hours
of |
| 12 | | work per week at the established minimum wage; or
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| 13 | | (B) the income earned during those 12 months is |
| 14 | | received as a result of
the tenant's participation in |
| 15 | | any economic self-sufficiency or other job
training |
| 16 | | program; or
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| 17 | | (C) the income earned during those 12 months is |
| 18 | | earned by a tenant due
to new employment or increased |
| 19 | | earnings, during or within 6 months after
receiving |
| 20 | | assistance under a State program for temporary |
| 21 | | assistance for needy
families funded under Part A of |
| 22 | | Title IV of the Social Security Act (42 U.S.C.
601 and |
| 23 | | following), provided that the total amount of earned |
| 24 | | income received by
the tenant within the previous 6 |
| 25 | | months was at least $500.
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| 26 | | (b) Procedure for excluding income.
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| 1 | | (i) Initial 12-month exclusion. Beginning on the first |
| 2 | | date the tenant is
employed or the first date the tenant's |
| 3 | | family experiences an increase in
annual income as |
| 4 | | determined under subdivision (a)(ii) of this Section, the
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| 5 | | Housing Authority must exclude the increase in annual |
| 6 | | income for each month in
which the increase is received, |
| 7 | | but not for more than 12 months.
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| 8 | | (ii) Second 12-month exclusion and phase-out. After |
| 9 | | the initial 12-month
exclusion period under subdivision |
| 10 | | (b)(i) of this Section, the Housing
Authority
must exclude, |
| 11 | | for each month in which the increase in income is received, |
| 12 | | but
not for more than 12 months, 50% of the increase in the |
| 13 | | annual
income that is received due to the tenant's |
| 14 | | employment or the tenant's family
experiencing an increase |
| 15 | | in annual income under subdivision (a)(ii).
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| 16 | | (iii) Maximum 48-month period for exclusions. The |
| 17 | | exclusion of increases
in income of an individual family |
| 18 | | member as provided in subdivision (b)(i) or
(b)(ii) of this |
| 19 | | Section is limited to a lifetime 48-month period. The |
| 20 | | exclusion
applies for a maximum of 12 months for the |
| 21 | | exclusion under subdivision (b)(i)
and a maximum of 12 |
| 22 | | months for the exclusion under subdivision (b)(ii), during
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| 23 | | the 48-month period starting with the beginning of the |
| 24 | | initial exclusion period
under subdivision (b)(i), which |
| 25 | | immediately follows 12 or more
months of unemployment.
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| 26 | | (c) Inapplicability of income exclusions to admission |
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| 1 | | process. The exclusion
of increases in income as a result of |
| 2 | | employment under this Section for the
purpose of determining |
| 3 | | rent does not apply for purposes of determining
eligibility for |
| 4 | | admission to the program (including determinations of income
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| 5 | | eligibility and income targeting).
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| 6 | | (d) Inapplicability of income exclusions to the HOME |
| 7 | | Investment Partnership Program, Housing Opportunities for |
| 8 | | Persons with AIDS, the Supportive Housing Program, and the |
| 9 | | Housing Choice Voucher Program. The exclusion of increases in |
| 10 | | income as a result of employment as provided under subsections |
| 11 | | (a) and (b) of this Section is not applicable to the following |
| 12 | | programs: the HOME Investment Partnership Program, Housing |
| 13 | | Opportunities for Persons with AIDS, the Supportive Housing |
| 14 | | Program, and the Housing Choice Voucher Program, except for a |
| 15 | | tenant family member who is a person with disabilities as |
| 16 | | defined in 42 U.S.C. 423. |
| 17 | | (Source: P.A. 93-242, eff. 7-22-03.)
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| 18 | | Section 99. Effective date. This Act takes effect upon |
| 19 | | becoming law.
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