Full Text of HB2758 99th General Assembly
HB2758ham001 99TH GENERAL ASSEMBLY | Rep. Mary E. Flowers Filed: 3/23/2015
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| 1 | | AMENDMENT TO HOUSE BILL 2758
| 2 | | AMENDMENT NO. ______. Amend House Bill 2758 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Housing Authorities Act is amended by | 5 | | changing Section 25 as follows:
| 6 | | (310 ILCS 10/25)
(from Ch. 67 1/2, par. 25)
| 7 | | Sec. 25. Rentals and tenant selection. In the operation or | 8 | | management
of housing projects an Authority
shall at all times | 9 | | observe the following duties with respect to rentals and
tenant | 10 | | selection:
| 11 | | (a) It shall not accept any person as a tenant in any
| 12 | | dwelling in a housing project if the persons who would occupy | 13 | | the dwelling
have an aggregate annual income which equals or | 14 | | exceeds the amount which
the Authority determines (which | 15 | | determination shall be conclusive) to be
necessary in order to | 16 | | enable such persons to secure safe, sanitary and
uncongested |
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| 1 | | dwelling accommodations within the area of operation of the
| 2 | | Authority and to provide an adequate standard of living for | 3 | | themselves.
| 4 | | (b) It may rent or lease the dwelling accommodations | 5 | | therein only at rentals
within the financial reach of persons | 6 | | who lack the amount of income which
it determines (pursuant to | 7 | | (a) of this Section) to be necessary in order to
obtain safe, | 8 | | sanitary and uncongested dwelling accommodations within the
| 9 | | area of operation of the Authority and to provide an adequate | 10 | | standard of
living.
| 11 | | (c) It may rent or lease to a tenant a dwelling consisting | 12 | | of the
number of rooms (but no greater number) which it deems | 13 | | necessary to provide
safe and sanitary accommodations to the | 14 | | proposed occupants thereof, without
overcrowding.
| 15 | | (d) It shall not change the residency preference of any | 16 | | prospective
tenant once the application has been accepted by | 17 | | the authority.
| 18 | | (e) It may refuse to certify or recertify applicants, | 19 | | current tenants, or
other household members if, after due | 20 | | notice
and an impartial hearing, that person or any of the | 21 | | proposed occupants of
the dwelling has, prior to or during a | 22 | | term of tenancy or occupancy in any
housing
project operated by | 23 | | an Authority, been convicted of a criminal offense
relating to | 24 | | the sale or distribution of controlled
substances under the
| 25 | | laws of this State, the United States or any other state.
If an | 26 | | Authority desires a criminal history records check of all 50 |
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| 1 | | states
or a 50-state confirmation of a conviction record, the | 2 | | Authority shall submit
the fingerprints of the relevant | 3 | | applicant, tenant, or other household member
to the Department | 4 | | of State Police in a manner prescribed by the Department of
| 5 | | State Police. These
fingerprints shall be checked against the | 6 | | fingerprint records now and hereafter
filed in the
Department | 7 | | of State Police and
Federal Bureau of Investigation criminal | 8 | | history records databases.
The Department of State Police shall | 9 | | charge a fee
for conducting the criminal history records check, | 10 | | which shall be deposited in
the State Police Services Fund and | 11 | | shall not exceed the actual cost of the
records check. The | 12 | | Department of State Police shall furnish pursuant to
positive | 13 | | identification, records of conviction to the Authority. Prior | 14 | | to refusing to certify or recertify an applicant, current | 15 | | tenant, or other household member pursuant to this subsection, | 16 | | the Authority shall make an individualized assessment and | 17 | | determine whether it is reasonable to conclude that the | 18 | | applicant, current tenant, or other household member would | 19 | | constitute a threat to those in the community where the | 20 | | applicant, current tenant, or other household member would | 21 | | reside; or whether it is reasonable to conclude that the | 22 | | applicant, current tenant, or other household member would | 23 | | otherwise engage in other unlawful activities in that | 24 | | community. During the individualized assessment, the Authority | 25 | | shall consider all mitigating circumstances, including, but | 26 | | not limited to: the nature of the crime; the time elapsed |
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| 1 | | between the date of conviction and the date of certification or | 2 | | recertification; the applicant's, tenant's, or other household | 3 | | member's background; the incentive to litigate the criminal | 4 | | matter; and any evidence demonstrating rehabilitation. The | 5 | | Authority shall provide notice to the applicant, current | 6 | | tenant, or other household member that he or she may be denied | 7 | | certification or recertification because of a criminal | 8 | | conviction and that he or she has the right to an impartial | 9 | | hearing to demonstrate that he or she should not be denied | 10 | | certification or recertification because of his or her | 11 | | particular circumstances.
| 12 | | (f) It may, if a tenant has created or maintained a threat
| 13 | | constituting a serious and clear danger to the health or safety | 14 | | of other
tenants or Authority employees, after 3 days' written | 15 | | notice
of termination and without a hearing, file suit against | 16 | | any such tenant for
recovery of possession of the premises. The | 17 | | tenant shall be given the
opportunity to contest the | 18 | | termination in the court proceedings. A serious
and clear | 19 | | danger to the health or safety of other tenants or Authority
| 20 | | employees shall include, but not be limited to, any of the | 21 | | following
activities of the tenant or of any other person on | 22 | | the premises with the
consent of the tenant:
| 23 | | (1) Physical assault or the threat of physical assault.
| 24 | | (2) Illegal use of a firearm or other weapon or the | 25 | | threat to use in
an illegal manner a firearm or other | 26 | | weapon.
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| 1 | | (3) Possession of a controlled substance by the tenant | 2 | | or any other person
on the premises with the consent of the | 3 | | tenant if the tenant knew or should
have known of the | 4 | | possession by the other person of a controlled
substance, | 5 | | unless the controlled substance was obtained
directly from | 6 | | or pursuant to a valid prescription.
| 7 | | (4) Streetgang membership as defined in the Illinois
| 8 | | Streetgang Terrorism Omnibus Prevention Act.
| 9 | | The management of low-rent public housing projects | 10 | | financed and developed
under the U.S. Housing Act of 1937 shall
| 11 | | be in accordance with that Act.
| 12 | | Nothing contained in this Section or any other Section of | 13 | | this Act shall
be construed as limiting the power of an | 14 | | Authority to vest in a bondholder
or trustee the right, in the | 15 | | event of a default by the Authority, to take
possession and | 16 | | operate a housing project or cause the appointment of a
| 17 | | receiver thereof, free from all restrictions imposed by this | 18 | | Section or any
other Section of this Act.
| 19 | | (Source: P.A. 93-418, eff. 1-1-04; 93-749, eff. 7-15-04.)".
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