Full Text of HB0648 102nd General Assembly
HB0648ham001 102ND GENERAL ASSEMBLY | Rep. Denyse Stoneback Filed: 3/11/2021
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| 1 | | AMENDMENT TO HOUSE BILL 648
| 2 | | AMENDMENT NO. ______. Amend House Bill 648 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Rental Housing Support
Program Act is | 5 | | amended by changing Section 25 as follows: | 6 | | (310 ILCS 105/25)
| 7 | | Sec. 25. Criteria for awarding grants. The Authority | 8 | | shall adopt rules
to govern the awarding of grants and the | 9 | | continuing eligibility for grants
under Sections 15 and 20. | 10 | | Requests for proposals under
Section 20 must specify that | 11 | | proposals must satisfy these rules.
The rules must contain and | 12 | | be consistent with, but need not be limited to,
the following | 13 | | criteria:
| 14 | | (1) Eligibility for tenancy in the units supported by | 15 | | grants to local
administering agencies must be
limited
to | 16 | | households with gross income at or below 30% of the median
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| 1 | | family income for the area in which the grant will be
made. | 2 | | Fifty percent of the units that are supported by any grant | 3 | | must be set
aside for households whose income is at or | 4 | | below 15% of the area median
family income for the area in | 5 | | which the grant will be made, provided that local | 6 | | administering agencies may negotiate flexibility in
this | 7 | | set-aside with the Authority if they demonstrate that they | 8 | | have been
unable to locate sufficient tenants in this | 9 | | lower income range. Income eligibility for units supported | 10 | | by grants to local administering agencies must be verified | 11 | | annually by landlords and submitted to local administering | 12 | | agencies. Tenants
must have sufficient income to be able | 13 | | to afford the tenant's share of the
rent. For grants | 14 | | awarded under Section 20, eligibility for tenancy in units
| 15 | | supported by grants must be limited to households with a | 16 | | gross income at or
below
30% of area median family income | 17 | | for the area in which the grant will be made. Fifty percent | 18 | | of the units that are supported by any grant must be set | 19 | | aside for households whose income is at or below 15% of the | 20 | | median family income for the area in which the grant will | 21 | | be made, provided that developers may negotiate | 22 | | flexibility in this set-aside with the Authority or | 23 | | municipality as defined in subsection (b) of Section 10 if | 24 | | it demonstrates that it has been unable to locate | 25 | | sufficient tenants in this lower income range.
The | 26 | | Authority shall determine what sources qualify as a |
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| 1 | | tenant's income. Once a tenant has received assistance | 2 | | under the Program, the tenant shall remain eligible for | 3 | | assistance under the Program until the tenant reaches an | 4 | | income level of 35% of area median family income and will | 5 | | then begin the transition out of the Program, as described | 6 | | in the rules governing the Program.
| 7 | | (2) Local administering agencies should must include | 8 | | 2-bedroom, 3-bedroom,
and 4-bedroom units among those | 9 | | intended to be supported by grants
under the Program. In | 10 | | grants under Section 15, the precise number of
these units | 11 | | among all the units intended to be supported by a grant | 12 | | must be
based on need in the community for larger units and | 13 | | other factors that the
Authority specifies in rules. The | 14 | | local administering agency must specify
the basis for the | 15 | | numbers of these units that are proposed for support under
| 16 | | a grant. Local administering agencies must make a good | 17 | | faith effort to
comply with this allocation of unit sizes. | 18 | | In grants awarded under Section
20, developers and the | 19 | | Authority or municipality, as defined in subsection (b) of | 20 | | Section 10, shall negotiate the numbers and sizes of
units | 21 | | to be built in a project and supported by the grant.
| 22 | | (3) Under grants awarded under Section 15, local | 23 | | administering agencies
must enter into a payment contract | 24 | | with the landlord that defines the method of payment and | 25 | | must pay subsidies to landlords on a quarterly basis and | 26 | | in advance of the
quarter paid for.
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| 1 | | (4) Local administering agencies and developers must | 2 | | specify how
vacancies in units supported by a grant must | 3 | | be advertised and they must include provisions for | 4 | | outreach to local
homeless shelters, organizations that | 5 | | work with people with disabilities,
and others interested | 6 | | in affordable housing.
| 7 | | (5) The local administering agency or developer must | 8 | | establish a schedule
for the tenant's rental obligation | 9 | | for units supported by a grant. The
tenant's share of the | 10 | | rent must be a flat amount, calculated annually, based on | 11 | | the size of the
unit and the household's income category. | 12 | | In establishing the schedule for
the tenant's rental | 13 | | obligation, the local administering agency or developer
| 14 | | must use 30% of gross income within an income range as a | 15 | | guide, and it
may charge an additional or lesser amount.
| 16 | | (6) The amount of the subsidy provided under a grant | 17 | | for a unit must be
the difference between the amount of the | 18 | | tenant's obligation and the total
amount of rent for the
| 19 | | unit. The total amount of rent for the unit must be | 20 | | negotiated between the
local
administering authority and | 21 | | the landlord under Section 15, or between the
Authority or | 22 | | municipality, as defined in subsection (b) of Section 10, | 23 | | and the developer under Section 20, using comparable rents | 24 | | for units of comparable size and condition in the | 25 | | surrounding community as a guideline.
| 26 | | (7) Local administering agencies and developers, |
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| 1 | | pursuant to criteria
the
Authority develops in rules, must | 2 | | ensure that there are procedures in place
to maintain the | 3 | | safety and habitability of units supported under grants. | 4 | | Local administering agencies must inspect
units before | 5 | | supporting them under a grant awarded under Section 15.
| 6 | | (8) Local administering agencies must provide or | 7 | | ensure that tenants are
provided with a "bill of rights" | 8 | | with their lease setting forth local
landlord-tenant laws | 9 | | and procedures and contact information for the local
| 10 | | administering agency.
| 11 | | (9) A local administering agency must create
a plan | 12 | | detailing a process for helping
to provide information, | 13 | | when necessary, on how to access education, training, and | 14 | | other
supportive services to tenants living in units | 15 | | supported under the grant. The
plan must be
submitted as a | 16 | | part of the administering agency's proposal to the | 17 | | Authority
required under
Section 15.
| 18 | | (10) Local administering agencies and developers may | 19 | | not use funding under
the
grant to develop or support | 20 | | housing that requires that a tenant has a particular | 21 | | diagnosis or type of disability as a condition of | 22 | | eligibility for occupancy unless the requirement is | 23 | | mandated by another funding source for the housing. Local | 24 | | administering agencies and developers may use grant | 25 | | funding to develop integrated housing opportunities for | 26 | | persons with disabilities, but not housing restricted to a |
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| 1 | | specific disability type.
| 2 | | (11) In order to plan for periodic fluctuations in | 3 | | annual receipts on deposit appropriated to the Fund each | 4 | | year, the Authority shall establish by rule a mechanism | 5 | | for establishing a reserve fund and the level of funding | 6 | | that shall be held in reserve either by the Authority or by | 7 | | local administering agencies.
| 8 | | (12) The Authority shall perform annual | 9 | | reconciliations of all distributions made in connection | 10 | | with the Program and may offset future distributions to | 11 | | balance geographic distribution requirements of this Act. | 12 | | (Source: P.A. 99-97, eff. 7-22-15.)".
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