Full Text of SB2724 93rd General Assembly
SB2724enr 93RD GENERAL ASSEMBLY
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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 Affordable Housing Planning and Appeal Act | 5 |
| is amended by changing Sections 15, 20, and 25 as follows:
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| (310 ILCS 67/15)
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| Sec. 15. Definitions. As used in this Act:
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| "Affordable housing" means housing that has a sales price | 9 |
| or rental amount
that is within the means of a household that | 10 |
| may occupy moderate-income or
low-income
housing. In the case | 11 |
| of dwelling units for sale,
housing that is affordable means | 12 |
| housing in which mortgage, amortization,
taxes, insurance, and | 13 |
| condominium or association fees, if any, constitute no
more | 14 |
| than 30% of the gross annual household income for a household | 15 |
| of the size
that may occupy the unit. In the case of dwelling | 16 |
| units for rent, housing that
is affordable means housing for | 17 |
| which the rent and utilities constitute no more
than 30% of the | 18 |
| gross annual household income for a household of the size that
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| may occupy the unit.
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| "Affordable housing developer" means a nonprofit entity, | 21 |
| limited equity
cooperative or public agency, or private | 22 |
| individual, firm, corporation, or
other entity
seeking to build | 23 |
| an affordable housing development.
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| "Affordable housing development" means (i) any housing | 25 |
| that is subsidized by
the federal or State government or (ii) | 26 |
| any housing in which at least 20% of
the dwelling units are | 27 |
| subject to covenants or restrictions that require that
the | 28 |
| dwelling units be sold or rented at prices that preserve them | 29 |
| as affordable
housing for a period of at least 15 years, in the | 30 |
| case of for-sale housing, and
at least 30 years, in the case of | 31 |
| rental housing.
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| "Approving authority" means the governing body of the |
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| county or municipality. | 2 |
| "Area median household income" means the median household | 3 |
| income adjusted for family size for applicable income limit | 4 |
| areas as determined annually by the federal Department of | 5 |
| Housing and Urban Development under Section 8 of the United | 6 |
| States Housing Act of 1937.
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| "Development" means any building, construction, | 8 |
| renovation, or excavation or
any material change in the use or | 9 |
| appearance of any structure or in the land
itself; the division | 10 |
| of land into parcels; or any change in the intensity or
use
of | 11 |
| land, such as an increase in the number of dwelling units in a | 12 |
| structure or
a change to a commercial use.
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| "Exempt local government" means any local government in | 14 |
| which at least 10% of
its total year-round housing units are | 15 |
| affordable, as determined by the
Illinois Housing Development | 16 |
| Authority pursuant to Section 20 of this Act; or
any | 17 |
| municipality under 1,000 population.
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| "Household" means the person or persons occupying a | 19 |
| dwelling unit.
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| "Local government" means a county or municipality.
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| "Low-income housing" means housing that is affordable, | 22 |
| according to the
federal Department of Housing and Urban | 23 |
| Development, for either home ownership
or rental, and that is | 24 |
| occupied, reserved, or marketed for occupancy by
households | 25 |
| with a gross household income that does not exceed 50% of the | 26 |
| area median
gross household income for households of the same | 27 |
| size
within the
county in
which the housing is located .
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| "Moderate-income housing" means housing that is | 29 |
| affordable, according to the
federal Department of Housing and | 30 |
| Urban Development, for either home ownership
or
rental, and | 31 |
| that is occupied, reserved, or marketed for occupancy by | 32 |
| households
with a gross household income that is greater than | 33 |
| 50% but does not exceed 80%
of the area median gross household | 34 |
| income for households of the same size within the
county in | 35 |
| which the housing is located .
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| "Non-appealable local government requirements" means all |
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| essential
requirements that protect the public health and | 2 |
| safety, including any local
building, electrical, fire, or | 3 |
| plumbing code requirements or those requirements
that
are | 4 |
| critical to the protection or preservation of the environment.
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| (Source: P.A. 93-595, eff. 1-1-04.)
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| (310 ILCS 67/20)
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| Sec. 20. Determination of exempt local governments.
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| (a) Beginning October 1, 2004
January 1, 2006 , the Illinois | 9 |
| Housing Development Authority
shall determine which local | 10 |
| governments are exempt and not exempt from the
operation of | 11 |
| this
Act based on an identification of the total number of | 12 |
| year-round housing units
in the most
recent decennial census | 13 |
| for each local government within the State and by an
inventory | 14 |
| of for-sale and rental affordable housing units, as defined in | 15 |
| this
Act, for each local government from the decennial census | 16 |
| and other relevant
sources.
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| (b) The Illinois Housing Development Authority shall make | 18 |
| this determination
by:
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| (i) totaling the number of for-sale housing units in | 20 |
| each local government
that are affordable to households | 21 |
| with a gross household income that is less
than 80% of the | 22 |
| median household income within the county or primary
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| metropolitan statistical area;
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| (ii) totaling the number of rental units in each local | 25 |
| government that are
affordable to households with a gross | 26 |
| household income that is less than 60% of
the median | 27 |
| household income within the county or primary metropolitan
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| statistical
area;
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| (iii) adding the number of for-sale and rental units | 30 |
| for each local
government from items (i) and (ii); and
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| (iv) dividing the sum of (iii) above by the total | 32 |
| number of year-round
housing units in the local government | 33 |
| as contained in the latest decennial
census and multiplying | 34 |
| the result by 100 to determine the percentage of
affordable | 35 |
| housing units within the jurisdiction of the local |
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| government.
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| (c) Beginning October 1, 2004
January 1, 2006 , the Illinois | 3 |
| Housing Development Authority
shall publish on an annual basis | 4 |
| a list of exempt and non-exempt local
governments and the data | 5 |
| that it
used to calculate its determination. The data shall be | 6 |
| shown for each local
government in the State and for the State | 7 |
| as a whole. Upon publishing a list of exempt and non-exempt | 8 |
| local governments, the Illinois Housing Development Authority | 9 |
| shall notify a local government that it is not exempt from the | 10 |
| operation of this Act and provide to it the data used to | 11 |
| calculate its determination.
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| (d) A local government or developer of affordable housing | 13 |
| may appeal the
determination of the Illinois Housing | 14 |
| Development Authority as to whether the
local government is | 15 |
| exempt or non-exempt under this Act in connection with an
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| appeal
under Section 30 of this Act.
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| (Source: P.A. 93-595, eff. 1-1-04.)
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| (310 ILCS 67/25)
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| Sec. 25. Affordable housing plan.
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| (a) Prior to April 1, 2005
July 1, 2004 , all non-exempt | 21 |
| local governments must approve an
affordable housing plan.
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| (b) For the purposes of this Act, the affordable housing | 23 |
| plan shall consist
of at least the following:
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| (i) a statement of the total number of affordable | 25 |
| housing units that are
necessary to exempt the local | 26 |
| government from the operation of this Act as
defined in | 27 |
| Section 15 and Section 20;
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| (ii) an identification of lands within the | 29 |
| jurisdiction that are most
appropriate for the | 30 |
| construction of affordable housing and of existing
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| structures most appropriate for conversion to, or | 32 |
| rehabilitation for,
affordable housing,
including a | 33 |
| consideration of lands and structures of developers who | 34 |
| have
expressed a commitment to provide affordable housing | 35 |
| and lands and structures
that are publicly or semi-publicly |
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| owned;
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| (iii) incentives that local governments may provide | 3 |
| for the purpose of
attracting affordable housing to their | 4 |
| jurisdiction; and
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| (iv) a goal of a minimum of 15% of all new development | 6 |
| or
redevelopment within the local government that would be | 7 |
| defined as affordable
housing in this Act; or a minimum of | 8 |
| a 3 percentage point increase in the
overall percentage of | 9 |
| affordable housing within its jurisdiction, as
described | 10 |
| in subsection (b) of
defined in Section 20 of this Act; or | 11 |
| a minimum of a total of 10% of affordable
housing
within | 12 |
| its jurisdiction as described in subsection (b) of Section | 13 |
| 20 of this Act .
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| (c) Within 60 days after the adoption of an affordable | 15 |
| housing plan or
revisions to its affordable housing plan, the | 16 |
| local government must submit a
copy of that plan to the | 17 |
| Illinois Housing Development Authority.
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| (Source: P.A. 93-595, eff. 1-1-04.)
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| Section 99. Effective date. This Act takes effect upon | 20 |
| becoming law.
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