Full Text of SB1790 98th General Assembly
SB1790eng 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning housing.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Affordable Housing Planning and Appeal Act | 5 | | is amended by changing Sections 15, 20, 25, 30, and 50 as | 6 | | follows:
| 7 | | (310 ILCS 67/15)
| 8 | | Sec. 15. Definitions. As used in this Act:
| 9 | | "Affordable housing" means housing that has a value or cost | 10 | | sales price or rental amount
that is within the means of a | 11 | | household that may occupy moderate-income or
low-income
| 12 | | housing. In the case of owner-occupied dwelling units for sale ,
| 13 | | housing that is affordable means housing in which mortgage, | 14 | | amortization,
taxes, insurance, and condominium or association | 15 | | fees, if any, constitute no
more than 30% of the gross annual | 16 | | household income for a household of the size
that may occupy | 17 | | the unit. In the case of dwelling units for rent, housing that
| 18 | | is affordable means housing for which the rent and utilities | 19 | | constitute no more
than 30% of the gross annual household | 20 | | income for a household of the size that
may occupy the unit.
| 21 | | "Affordable housing developer" means a nonprofit entity, | 22 | | limited equity
cooperative or public agency, or private | 23 | | individual, firm, corporation, or
other entity
seeking to build |
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| 1 | | an affordable housing development.
| 2 | | "Affordable housing development" means (i) any housing | 3 | | that is subsidized by
the federal or State government or (ii) | 4 | | any housing in which at least 20% of
the dwelling units are | 5 | | subject to covenants or restrictions that require that
the | 6 | | dwelling units be sold or rented at prices that preserve them | 7 | | as affordable
housing for a period of at least 15 years, in the | 8 | | case of owner-occupied for-sale housing, and
at least 30 years, | 9 | | in the case of rental housing.
| 10 | | "Approving authority" means the governing body of the | 11 | | county or municipality. | 12 | | "Area median household income" means the median household | 13 | | income adjusted for family size for applicable income limit | 14 | | areas as determined annually by the federal Department of | 15 | | Housing and Urban Development under Section 8 of the United | 16 | | States Housing Act of 1937.
| 17 | | "Community land trust" means a private, not-for-profit | 18 | | corporation organized exclusively for charitable, cultural, | 19 | | and other purposes and created to acquire and own land for the | 20 | | benefit of the local government, including the creation and | 21 | | preservation of affordable housing.
| 22 | | "Development" means any building, construction, | 23 | | renovation, or excavation or
any material change in any | 24 | | structure or land, or change in the
use
of such structure or | 25 | | land, that results in a net increase in the number of dwelling | 26 | | units in a structure or on a parcel of land by more than one |
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| 1 | | dwelling unit.
| 2 | | "Exempt local government" means any local government in | 3 | | which at least 10% of
its total year-round housing units are | 4 | | affordable, as determined by the
Illinois Housing Development | 5 | | Authority pursuant to Section 20 of this Act; or
any | 6 | | municipality under 1,000 population.
| 7 | | "Household" means the person or persons occupying a | 8 | | dwelling unit.
| 9 | | "Housing trust fund" means a separate fund, either within a | 10 | | local government or between local governments pursuant to | 11 | | intergovernmental agreement, established solely for the | 12 | | purposes authorized in subsection (d) of Section 25, including, | 13 | | without limitation, the holding and disbursing of financial | 14 | | resources to address the affordable housing needs of | 15 | | individuals or households that may occupy low-income or | 16 | | moderate-income housing.
| 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 | | area median
household income.
| 24 | | "Moderate-income housing" means housing that is | 25 | | affordable, according to the
federal Department of Housing and | 26 | | Urban Development, for either home ownership
or
rental, and |
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| 1 | | that is occupied, reserved, or marketed for occupancy by | 2 | | households
with a gross household income that is greater than | 3 | | 50% but does not exceed 80%
of the area median household | 4 | | income.
| 5 | | "Non-appealable local government requirements" means all | 6 | | essential
requirements that protect the public health and | 7 | | safety, including any local
building, electrical, fire, or | 8 | | plumbing code requirements or those requirements
that
are | 9 | | critical to the protection or preservation of the environment.
| 10 | | (Source: P.A. 93-595, eff. 1-1-04; 93-678, eff. 6-28-04; | 11 | | 94-303, eff. 7-21-05.)
| 12 | | (310 ILCS 67/20)
| 13 | | Sec. 20. Determination of exempt local governments.
| 14 | | (a) Beginning October 1, 2004, the Illinois Housing | 15 | | Development Authority
shall determine which local governments | 16 | | are exempt and not exempt from the
operation of this
Act based | 17 | | on an identification of the total number of year-round housing | 18 | | units
in the most
recent data from the U.S. Census Bureau | 19 | | decennial census for each local government within the State and | 20 | | by an
inventory of owner-occupied for-sale and rental | 21 | | affordable housing units, as defined in this
Act, for each | 22 | | local government from the U.S. Census Bureau decennial census | 23 | | and other relevant
sources.
| 24 | | (b) The Illinois Housing Development Authority shall make | 25 | | this determination
by:
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| 1 | | (i) totaling the number of owner-occupied for-sale | 2 | | housing units in each local government
that are affordable | 3 | | to households with a gross household income that is less
| 4 | | than 80% of the median household income within the county | 5 | | or primary
metropolitan statistical area;
| 6 | | (ii) totaling the number of rental units in each local | 7 | | government that are
affordable to households with a gross | 8 | | household income that is less than 60% of
the median | 9 | | household income within the county or primary metropolitan
| 10 | | statistical
area;
| 11 | | (iii) adding the number of owner-occupied for-sale and | 12 | | rental units for each local
government from items (i) and | 13 | | (ii); and
| 14 | | (iv) dividing the sum of (iii) above by the total | 15 | | number of year-round
housing units in the local government | 16 | | as contained in the latest U.S. Census Bureau decennial
| 17 | | census and multiplying the result by 100 to determine the | 18 | | percentage of
affordable housing units within the | 19 | | jurisdiction of the local government.
| 20 | | (c) Beginning on the effective date of this amendatory Act | 21 | | of the 98th General Assembly October 1, 2004 , the Illinois | 22 | | Housing Development Authority
shall publish on an annual basis | 23 | | a list of exempt and non-exempt local
governments and the data | 24 | | that it
used to calculate its determination at least once every | 25 | | 5 years . The data shall be shown for each local
government in | 26 | | the State and for the State as a whole. Upon publishing a list |
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| 1 | | of exempt and non-exempt local governments, the Illinois | 2 | | Housing Development Authority shall notify a local government | 3 | | that it is not exempt from the operation of this Act and | 4 | | provide to it the data used to calculate its determination.
| 5 | | (d) A local government or developer of affordable housing | 6 | | may appeal the
determination of the Illinois Housing | 7 | | Development Authority as to whether the
local government is | 8 | | exempt or non-exempt under this Act in connection with an
| 9 | | appeal
under Section 30 of this Act.
| 10 | | (Source: P.A. 93-595, eff. 1-1-04; 93-678, eff. 6-28-04.)
| 11 | | (310 ILCS 67/25)
| 12 | | Sec. 25. Affordable housing plan.
| 13 | | (a) Prior to April 1, 2005, all non-exempt local | 14 | | governments must approve an
affordable housing plan. Any local | 15 | | government that is determined by the Illinois Housing | 16 | | Development Authority under Section 20 to be non-exempt for the | 17 | | first time based on the recalculation of U.S. Census Bureau | 18 | | decennial census data after 2010 shall have 18 months from the | 19 | | date of notification of its non-exempt status to approve an | 20 | | affordable housing plan under this Act.
| 21 | | (b) For the purposes of this Act, the affordable housing | 22 | | plan shall consist
of at least the following:
| 23 | | (i) a statement of the total number of affordable | 24 | | housing units that are
necessary to exempt the local | 25 | | government from the operation of this Act as
defined in |
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| 1 | | Section 15 and Section 20;
| 2 | | (ii) an identification of lands within the | 3 | | jurisdiction that are most
appropriate for the | 4 | | construction of affordable housing and of existing
| 5 | | structures most appropriate for conversion to, or | 6 | | rehabilitation for,
affordable housing,
including a | 7 | | consideration of lands and structures of developers who | 8 | | have
expressed a commitment to provide affordable housing | 9 | | and lands and structures
that are publicly or semi-publicly | 10 | | owned;
| 11 | | (iii) incentives that local governments may provide | 12 | | for the purpose of
attracting affordable housing to their | 13 | | jurisdiction; and
| 14 | | (iv) a goal of a minimum of 15% of all new development | 15 | | or
redevelopment within the local government that would be | 16 | | defined as affordable
housing in this Act; or a minimum of | 17 | | a 3 percentage point increase in the
overall percentage of | 18 | | affordable housing within its jurisdiction, as
described | 19 | | in subsection (b) of Section 20 of this Act; or a minimum | 20 | | of a total of 10% affordable
housing
within its | 21 | | jurisdiction as described in subsection (b) of Section 20 | 22 | | of this Act. These goals may be met, in whole or in part, | 23 | | through the creation of affordable housing units under | 24 | | intergovernmental agreements as described in subsection | 25 | | (e) of this Section.
| 26 | | (c) Within 60 days after the adoption of an affordable |
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| 1 | | housing plan or
revisions to its affordable housing plan, the | 2 | | local government must submit a
copy of that plan to the | 3 | | Illinois Housing Development Authority.
| 4 | | (d) In order to promote the goals of this Act and to | 5 | | maximize the creation, establishment, or preservation of | 6 | | affordable housing throughout the State of Illinois, a local | 7 | | government, whether exempt or non-exempt under this Act, may | 8 | | adopt the following measures to address the need for affordable | 9 | | housing: | 10 | | (1) Local governments may individually or jointly | 11 | | create or participate in a housing trust fund or otherwise | 12 | | provide funding or support for the purpose of supporting | 13 | | affordable housing, including, without limitation, to | 14 | | support the following affordable housing activities: | 15 | | (A) Housing production, including, without | 16 | | limitation, new construction, rehabilitation, and | 17 | | adaptive re-use. | 18 | | (B) Acquisition, including, without limitation, | 19 | | land, single-family homes, multi-unit buildings, and | 20 | | other existing structures that may be used in whole or | 21 | | in part for residential use. | 22 | | (C) Rental payment assistance. | 23 | | (D) Home-ownership purchase assistance. | 24 | | (E) Preservation of existing affordable housing. | 25 | | (F) Weatherization. | 26 | | (G) Emergency repairs. |
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| 1 | | (H) Housing related support services, including | 2 | | homeownership education and financial counseling. | 3 | | (I) Grants or loans to not-for-profit | 4 | | organizations engaged in addressing the affordable | 5 | | housing needs of low-income and moderate-income | 6 | | households. | 7 | | Local governments may authorize housing trust funds to | 8 | | accept and utilize funds, property, and other resources | 9 | | from all proper and lawful public and private sources so | 10 | | long as those funds are used solely for addressing the | 11 | | affordable housing needs of individuals or households that | 12 | | may occupy low-income or moderate-income housing. | 13 | | (2) A local government may create a community land | 14 | | trust, which may: acquire developed or undeveloped | 15 | | interests in real property and hold them for affordable | 16 | | housing purposes; convey such interests under long-term | 17 | | leases, including ground leases; convey such interests for | 18 | | affordable housing purposes; and retain an option to | 19 | | reacquire any such real property interests at a price | 20 | | determined by a formula ensuring that such interests may be | 21 | | utilized for affordable housing purposes. | 22 | | (3) A local government may use its zoning powers to | 23 | | require the creation and preservation of affordable | 24 | | housing as authorized under Section 5-12001 of the Counties | 25 | | Code and Section 11-13-1 of the Illinois Municipal Code. | 26 | | (4) A local government may accept donations of money or |
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| 1 | | land for the purpose of addressing the affordable housing | 2 | | needs of individuals or households that may occupy | 3 | | low-income or moderate-income housing. These donations may | 4 | | include, without limitation, donations of money or land | 5 | | from persons in lieu of building affordable housing. | 6 | | (e) In order to encourage regional cooperation and the | 7 | | maximum creation of affordable housing in areas lacking such | 8 | | housing in the State of Illinois, any non-exempt local | 9 | | government may enter into intergovernmental agreements under | 10 | | subsection (e) of Section 25 with local governments within 10 | 11 | | miles of its corporate boundaries in order to create affordable | 12 | | housing units to meet the goals of this Act. A non-exempt local | 13 | | government may not enter into an intergovernmental agreement, | 14 | | however, with any local government that contains more than 25% | 15 | | affordable housing as determined under Section 20 of this Act. | 16 | | All intergovernmental agreements entered into to create | 17 | | affordable housing units to meet the goals of this Act must | 18 | | also specify the basis for determining how many of the | 19 | | affordable housing units created will be credited to each local | 20 | | government participating in the agreement for purposes of | 21 | | complying with this Act. All intergovernmental agreements | 22 | | entered into to create affordable housing units to meet the | 23 | | goals of this Act must also specify the anticipated number of | 24 | | newly created affordable housing units that are to be credited | 25 | | to each local government participating in the agreement for | 26 | | purposes of complying with this Act. In specifying how many |
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| 1 | | affordable housing units will be credited to each local | 2 | | government, the same affordable housing unit may not be counted | 3 | | by more than one local government.
| 4 | | (Source: P.A. 93-595, eff. 1-1-04; 93-678, eff. 6-28-04; | 5 | | 94-303, eff. 7-21-05.)
| 6 | | (310 ILCS 67/30)
| 7 | | Sec. 30. Appeal to State Housing Appeals Board.
| 8 | | (a) (Blank).
| 9 | | (b) Beginning January 1, 2009, an affordable housing | 10 | | developer whose
application is either denied or approved with | 11 | | conditions that in his or her
judgment render the
provision of | 12 | | affordable housing infeasible may, within 45 days after the
| 13 | | decision, appeal to the State Housing Appeals Board challenging | 14 | | that decision
unless the municipality or county that rendered | 15 | | the decision is exempt under
Section 15 of this Act. The | 16 | | developer must submit information regarding why the
developer | 17 | | believes he or she was unfairly denied or unreasonable | 18 | | conditions
were placed upon the tentative approval of the | 19 | | development. In the case of local governments that are | 20 | | determined by the Illinois Housing Development Authority under | 21 | | Section 20 to be non-exempt for the first time based on the | 22 | | recalculation of U.S. Census Bureau decennial census data after | 23 | | the effective date of this amendatory Act of the 98th General | 24 | | Assembly 2010 , no developer may appeal to the State Housing | 25 | | Appeals Board until 60 months after a local government has been |
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| 1 | | notified of its non-exempt status.
| 2 | | (c) Beginning on the effective date of this amendatory Act | 3 | | of the 98th General Assembly January 1, 2009 , the Board shall , | 4 | | whenever possible, render a decision on the
appeal within 120 | 5 | | days after the appeal is filed. The Board may extend the time
| 6 | | by which it will render a decision where circumstances outside
| 7 | | the Board's control make it infeasible for the Board to render
| 8 | | a decision within 120 days.
In any proceeding before the Board, | 9 | | the affordable housing developer
bears the burden of | 10 | | demonstrating that the proposed affordable housing development | 11 | | (i) has been unfairly denied or (ii) has had
unreasonable | 12 | | conditions
placed upon it by the decision of the local | 13 | | government.
| 14 | | (d) The Board shall dismiss any appeal if:
| 15 | | (i) the local government has adopted an affordable | 16 | | housing plan as defined
in Section 25 of this Act and | 17 | | submitted that plan to the Illinois Housing
Development | 18 | | Authority within the time frame required by this Act; and
| 19 | | (ii) the local government has implemented its | 20 | | affordable housing plan
and has met its goal as established | 21 | | in its affordable housing plan as
defined in Section 25 of | 22 | | this Act.
| 23 | | (e) The Board shall dismiss any appeal if the reason for | 24 | | denying the
application or placing
conditions upon the approval | 25 | | is a non-appealable local government
requirement
under Section | 26 | | 15 of this Act.
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| 1 | | (f) The Board may affirm, reverse, or modify the conditions | 2 | | of, or add
conditions to, a decision made by the approving | 3 | | authority. The decision of the
Board constitutes an order | 4 | | directed to the approving authority and is binding
on the local | 5 | | government.
| 6 | | (g) The appellate court has the exclusive jurisdiction to | 7 | | review decisions
of the Board. Any appeal to the Appellate | 8 | | Court of a final ruling by the State Housing Appeals Board may | 9 | | be heard only in the Appellate Court for the District in which | 10 | | the local government involved in the appeal is located.
The | 11 | | appellate court shall apply the "clearly erroneous" standard | 12 | | when reviewing such appeals. An appeal of a final ruling of the | 13 | | Board shall be filed within 35 days after the
Board's decision | 14 | | and in all respects shall be in accordance with Section 3-113 | 15 | | of the Code of Civil Procedure.
| 16 | | (Source: P.A. 93-595, eff. 1-1-04; 94-303, eff. 7-21-05.)
| 17 | | (310 ILCS 67/50)
| 18 | | Sec. 50. Housing Appeals Board.
| 19 | | (a) Prior to January 1, 2008, a Housing Appeals Board shall | 20 | | be created
consisting of 7 members appointed by the Governor as | 21 | | follows:
| 22 | | (1) a retired circuit judge or retired appellate judge, | 23 | | who shall act as
chairperson;
| 24 | | (2) a zoning board of appeals member;
| 25 | | (3) a planning board member;
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| 1 | | (4) a mayor or municipal council or board member;
| 2 | | (5) a county board member;
| 3 | | (6) an affordable housing developer; and
| 4 | | (7) an affordable housing advocate.
| 5 | | In addition, the Chairman of the Illinois Housing | 6 | | Development Authority, ex
officio, shall serve as a non-voting | 7 | | member.
No more than 4 of the appointed members may be from the | 8 | | same political party.
Appointments under items (2), (3), and | 9 | | (4) shall be from local governments that
are not exempt under | 10 | | this Act.
| 11 | | (b) Initial terms of 4 members designated by the Governor | 12 | | shall be for 2
years. Initial terms of 3 members designated by | 13 | | the Governor shall be for one
year. Thereafter, members shall | 14 | | be appointed for terms of 2 years. After a member's term | 15 | | expires, the member shall continue to serve until a successor | 16 | | is appointed. There shall be no limit to the number of terms an | 17 | | appointee may serve. A member
shall receive no
compensation for | 18 | | his or her services, but shall be reimbursed by the State for
| 19 | | all reasonable expenses actually and necessarily incurred in | 20 | | the performance of
his or her
official duties. The board shall | 21 | | hear all petitions for review filed under this
Act and shall | 22 | | conduct all hearings in accordance with the rules and | 23 | | regulations
established by the chairperson. The Illinois | 24 | | Housing Development Authority
shall provide space and
clerical | 25 | | and other assistance that the Board may require.
| 26 | | (c) (Blank).
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| 1 | | (Source: P.A. 93-595, eff. 1-1-04; 94-303, eff. 7-21-05.)
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.
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