Full Text of SB2304 102nd General Assembly
SB2304sam001 102ND GENERAL ASSEMBLY | Sen. Ann Gillespie Filed: 4/8/2021
| | 10200SB2304sam001 | | LRB102 11469 HLH 24847 a |
|
| 1 | | AMENDMENT TO SENATE BILL 2304
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2304 on page 1, | 3 | | line 8, by deleting " or rehabilitation "; and
| 4 | | on page 2, line 2, by deleting " and "; and | 5 | | on page 2, immediately below line 2, by inserting the | 6 | | following: | 7 | | " (2) except as defined in subparagraphs (E), (F), and | 8 | | (G) of paragraph (5) of subsection (c) of this Section, | 9 | | prior to the newly constructed residential real property | 10 | | located in a low affordability community being put in | 11 | | service, the owner of the residential real property | 12 | | commits that, for a period of 30 years after the newly | 13 | | constructed residential real property are put in service, | 14 | | at least 20% of the multifamily building's units will have | 15 | | rents as defined in this Section that are at or below | 16 | | maximum rents and are occupied by households with |
| | | 10200SB2304sam001 | - 2 - | LRB102 11469 HLH 24847 a |
|
| 1 | | household incomes at or below maximum income limits; and "; | 2 | | and | 3 | | on page 2, line 3, by replacing " (2) " with " (3) "; and | 4 | | on page 2, line 4, by replacing " (d) " with " (c) "; and | 5 | | on page 2, by deleting lines 5 through 21; and | 6 | | on page 2, line 22, by replacing " (c) " with " (b) "; and | 7 | | on page 2, line 23, by replacing " (b) " with " (a) "; and | 8 | | on page 2, line 26, by replacing " or improvements are " with | 9 | | " is "; and | 10 | | on page 3, line 7, by replacing " or improvements are " with | 11 | | " is "; and | 12 | | on page 3, line 14, by replacing " or improvements are " with | 13 | | " is "; and | 14 | | on page 3, line 21, by replacing " or improvements are " with | 15 | | " is "; and | 16 | | on page 4, lines 3 and 4, by replacing " or improvements are " |
| | | 10200SB2304sam001 | - 3 - | LRB102 11469 HLH 24847 a |
|
| 1 | | with " is "; and | 2 | | on page 4, line 10, by replacing " (d) " with " (c) "; and | 3 | | on page 4, lines 23 and 24, by deleting " or
qualifying | 4 | | rehabilitation "; and | 5 | | on page 5, line 3, by deleting " or rehabilitation "; and | 6 | | on page 6, line 18, by replacing " (d) " with " (c) "; and | 7 | | on page 6, line 21, by replacing " paragraph (1) of subsection | 8 | | (d) " with " subparagraphs (A), (B), (C), (F), (G), (H), (I), | 9 | | (J), and (K) of paragraph (1) of this subsection (c) "; and | 10 | | on page 6, line 25, by deleting " (3) "; and | 11 | | on page 7, line 1, by replacing " (f) " with " (c) "; and | 12 | | on page 8, line 17, by replacing " subparagraph (B) of | 13 | | paragraph (4) of subsection (d) " with " subparagraphs (A), (B), | 14 | | (C), (F), (G), (H), (I), (J), and (K) of paragraph (1) of this | 15 | | subsection (c) "; and | 16 | | on page 8, line 20, by replacing " (c) " with " (b) "; and |
| | | 10200SB2304sam001 | - 4 - | LRB102 11469 HLH 24847 a |
|
| 1 | | on page 9, line 2, by deleting " or qualifying rehabilitation "; | 2 | | and | 3 | | on page 9, lines 13 and 14, by deleting " or qualifying | 4 | | rehabilitation "; and | 5 | | on page 9, line 19, by deleting " or qualifying | 6 | | rehabilitation "; and | 7 | | on page 10, lines 20 and 21, by deleting " or substantial | 8 | | rehabilitation "; and | 9 | | on page 11, lines 11 and 12, by replacing " subparagraph (1) of | 10 | | subsection (c) " with " paragraph (1) of subsection (b) "; and | 11 | | on page 11, line 16, by replacing " (e) " with " (d) "; and | 12 | | on page 11, immediately below line 18, by inserting the | 13 | | following: | 14 | | " "Assessed value for the residential real property in the | 15 | | base year" means the value in effect at the end of the taxable | 16 | | year prior to the latter of: (1) the date of initial | 17 | | application; or (2) the date in which 20% of the total number | 18 | | of units in the property are occupied by eligible tenants | 19 | | paying eligible rent under this Section. "; and |
| | | 10200SB2304sam001 | - 5 - | LRB102 11469 HLH 24847 a |
|
| 1 | | by deleting everything from line 8 on page 14 through line 6 on | 2 | | page 21; and | 3 | | on page 21, line 8, by replacing "Section 25" with "Sections | 4 | | 15, 25, and 50"; and | 5 | | on page 21, immediately below line 9, by inserting the | 6 | | following:
| 7 | | "(310 ILCS 67/15)
| 8 | | Sec. 15. Definitions. As used in this Act:
| 9 | | "Affordable housing" means housing that has a value or | 10 | | cost or rental amount
that is within the means of a household | 11 | | that may occupy moderate-income or
low-income
housing. In the | 12 | | case of owner-occupied dwelling units,
housing that is | 13 | | affordable means housing in which mortgage, amortization,
| 14 | | taxes, insurance, and condominium or association fees, if any, | 15 | | constitute no
more than 30% of the gross annual household | 16 | | income for a household of the size
that may occupy the unit. In | 17 | | the case of dwelling units for rent, housing that
is | 18 | | affordable means housing for which the rent , any required | 19 | | parking, maintenance, landlord-imposed fees, and utilities | 20 | | constitute no more
than 30% of the gross annual household | 21 | | income for a household of the size that
may occupy the unit.
| 22 | | "Affordable housing developer" means a nonprofit entity, | 23 | | limited equity
cooperative or public agency, or private |
| | | 10200SB2304sam001 | - 6 - | LRB102 11469 HLH 24847 a |
|
| 1 | | individual, firm, corporation, or
other entity
seeking to | 2 | | build an affordable housing development.
| 3 | | "Affordable housing development" means (i) any housing | 4 | | that is subsidized by
the federal or State government or (ii) | 5 | | any housing in which at least 20% of
the dwelling units are | 6 | | subject to covenants or restrictions that require that
the | 7 | | dwelling units be sold or rented at prices that preserve them | 8 | | as affordable
housing for a period of at least 15 years, in the | 9 | | case of owner-occupied housing, and
at least 30 years, in the | 10 | | case of rental housing.
| 11 | | "Approving authority" means the governing body of the | 12 | | county or municipality. | 13 | | "Area median household income" means the median household | 14 | | income adjusted for family size for applicable income limit | 15 | | areas as determined annually by the federal Department of | 16 | | Housing and Urban Development under Section 8 of the United | 17 | | States Housing Act of 1937.
| 18 | | "Community land trust" means a private, not-for-profit | 19 | | corporation organized exclusively for charitable, cultural, | 20 | | and other purposes and created to acquire and own land for the | 21 | | benefit of the local government, including the creation and | 22 | | preservation of affordable housing.
| 23 | | "Development" means any building, construction, | 24 | | renovation, or excavation or
any material change in any | 25 | | structure or land, or change in the
use
of such structure or | 26 | | land, that results in a net increase in the number of dwelling |
| | | 10200SB2304sam001 | - 7 - | LRB102 11469 HLH 24847 a |
|
| 1 | | units in a structure or on a parcel of land by more than one | 2 | | dwelling unit.
| 3 | | "Exempt local government" means any local government in | 4 | | which at least 10% of
its total year-round housing units are | 5 | | affordable, as determined by the
Illinois Housing Development | 6 | | Authority pursuant to Section 20 of this Act; or
any | 7 | | municipality under 1,000 population.
| 8 | | "Household" means the person or persons occupying a | 9 | | dwelling unit.
| 10 | | "Housing trust fund" means a separate fund, either within | 11 | | a local government or between local governments pursuant to | 12 | | intergovernmental agreement, established solely for the | 13 | | purposes authorized in subsection (d) of Section 25, | 14 | | including, without limitation, the holding and disbursing of | 15 | | financial resources to address the affordable housing needs of | 16 | | individuals or households that may occupy low-income or | 17 | | moderate-income housing.
| 18 | | "Local government" means a county or municipality.
| 19 | | "Low-income housing" means housing that is affordable, | 20 | | according to the
federal Department of Housing and Urban | 21 | | Development, for either home ownership
or rental, and that is | 22 | | occupied, reserved, or marketed for occupancy by
households | 23 | | with a gross household income that does not exceed 50% of the | 24 | | area median
household income.
| 25 | | "Moderate-income housing" means housing that is | 26 | | affordable, according to the
federal Department of Housing and |
| | | 10200SB2304sam001 | - 8 - | LRB102 11469 HLH 24847 a |
|
| 1 | | Urban Development, for either home ownership
or
rental, and | 2 | | that is occupied, reserved, or marketed for occupancy by | 3 | | households
with a gross household income that is greater than | 4 | | 50% but does not exceed 80%
of the area median household | 5 | | income.
| 6 | | "Non-appealable local government requirements" means all | 7 | | essential
requirements that protect the public health and | 8 | | safety, including any local
building, electrical, fire, or | 9 | | plumbing code requirements or those requirements
that
are | 10 | | critical to the protection or preservation of the environment.
| 11 | | (Source: P.A. 98-287, eff. 8-9-13.)"; and
| 12 | | on page 26, immediately below line 26, by inserting the | 13 | | following:
| 14 | | "(310 ILCS 67/50)
| 15 | | Sec. 50. Housing Appeals Board.
| 16 | | (a) Prior to January 1, 2008, a Housing Appeals Board | 17 | | shall be created
consisting of 7 members appointed by the | 18 | | Governor as follows:
| 19 | | (1) a retired circuit judge or retired appellate | 20 | | judge, who shall act as
chairperson;
| 21 | | (2) a zoning board of appeals member;
| 22 | | (3) a planning board member;
| 23 | | (4) a mayor or municipal council or board member;
| 24 | | (5) a county board member;
|
| | | 10200SB2304sam001 | - 9 - | LRB102 11469 HLH 24847 a |
|
| 1 | | (6) an affordable housing developer; and
| 2 | | (7) an affordable housing advocate.
| 3 | | In addition, the Chairman of the Illinois Housing | 4 | | Development Authority, ex
officio, shall serve as a non-voting | 5 | | member.
No more than 4 of the appointed members may be from the | 6 | | same political party.
Appointments under items (2), (3), and | 7 | | (4) shall be from local governments that
are not exempt under | 8 | | this Act.
| 9 | | (b) Initial terms of 4 members designated by the Governor | 10 | | shall be for 2
years. Initial terms of 3 members designated by | 11 | | the Governor shall be for one
year. Thereafter, members shall | 12 | | be appointed for terms of 2 years. After a member's term | 13 | | expires, the member shall continue to serve until a successor | 14 | | is appointed. There shall be no limit to the number of terms an | 15 | | appointee may serve. A member
shall receive no
compensation | 16 | | for his or her services, but shall be reimbursed by the State | 17 | | for
all reasonable expenses actually and necessarily incurred | 18 | | in the performance of
his or her
official duties. The board | 19 | | shall hear all petitions for review filed under this
Act and | 20 | | shall conduct all hearings in accordance with the rules and | 21 | | regulations
established by the chairperson. The Illinois | 22 | | Housing Development Authority
shall provide space and
clerical | 23 | | and other assistance that the Board may require.
| 24 | | (c) (Blank).
| 25 | | (d) Any vacancies in the Housing Appeals Board shall be | 26 | | filled within 90 days of the vacancy. |
| | | 10200SB2304sam001 | - 10 - | LRB102 11469 HLH 24847 a |
|
| 1 | | (Source: P.A. 98-287, eff. 8-9-13.)".
|
|