Illinois General Assembly - Full Text of SB1367
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Full Text of SB1367  103rd General Assembly




SB1367 EnrolledLRB103 27724 KTG 54101 b

1    AN ACT concerning housing.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Housing Authorities Act is amended by
5changing Sections 8.10a, 17, 25, 25.01, and 25.02 as follows:
6    (310 ILCS 10/8.10a)
7    Sec. 8.10a. Criminal history record and housing data.
8    (a) Every Authority organized under the provisions of this
9Act shall collect the following criminal history record data:
10        (1) the number of applications submitted for admission
11    to federally assisted housing;
12        (2) the number of applications submitted for admission
13    to federally assisted housing by individuals with a
14    criminal history record, if the Authority is conducting
15    criminal history records checks of applicants or other
16    household members;
17        (3) the number of applications for admission to
18    federally assisted housing that were denied on the basis
19    of a criminal history record, if the Authority is
20    conducting criminal history records checks of applicants
21    or other household members;
22        (4) the number of criminal records assessment hearings
23    requested by applicants for housing who were denied



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1    federally assisted housing on the basis of a criminal
2    history records check; and
3        (5) the number of denials for federally assisted
4    housing that were overturned after a criminal records
5    assessment hearing.
6    (b) The information required in this subsection Section
7shall be disaggregated by the race, ethnicity, and sex of
8applicants for housing.
9    (b) Every Authority organized under the provisions of this
10Act shall collect the following data:
11        (1) the number of vacant rental units within each
12    housing project operated by the Authority; and
13        (2) information on whether each waiting list
14    maintained by the Authority is open or closed.
15    (c) The information collected under subsections (a) and
16(b) This information shall be reported to the Illinois
17Criminal Justice Information Authority and shall be compiled
18and reported to the General Assembly annually by the Illinois
19Criminal Justice Information Authority. The Illinois Criminal
20Justice Information Authority shall also make this report
21publicly available, including on its website, without fee.
23(Source: P.A. 101-659, eff. 3-23-21.)
24    (310 ILCS 10/17)  (from Ch. 67 1/2, par. 17)
25    Sec. 17. Definitions. The following terms, wherever used



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1or referred to in this Act shall have the following respective
2meanings, unless in any case a different meaning clearly
3appears from the context:
4    (a) "Authority" or "housing authority" shall mean a
5municipal corporation organized in accordance with the
6provisions of this Act for the purposes, with the powers and
7subject to the restrictions herein set forth.
8    (b) "Area" or "area of operation" shall mean: (1) in the
9case of an authority which is created hereunder for a city,
10village, or incorporated town, the area within the territorial
11boundaries of said city, village, or incorporated town, and so
12long as no county housing authority has jurisdiction therein,
13the area within three miles from such territorial boundaries,
14except any part of such area located within the territorial
15boundaries of any other city, village, or incorporated town;
16and (2) in the case of a county shall include all of the county
17except the area of any city, village or incorporated town
18located therein in which there is an Authority. When an
19authority is created for a county subsequent to the creation
20of an authority for a city, village or incorporated town
21within the same county, the area of operation of the authority
22for such city, village or incorporated town shall thereafter
23be limited to the territory of such city, village or
24incorporated town, but the authority for such city, village or
25incorporated town may continue to operate any project
26developed in whole or in part in an area previously a part of



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1its area of operation, or may contract with the county housing
2authority with respect to the sale, lease, development or
3administration of such project. When an authority is created
4for a city, village or incorporated town subsequent to the
5creation of a county housing authority which previously
6included such city, village or incorporated town within its
7area of operation, such county housing authority shall have no
8power to create any additional project within the city,
9village or incorporated town, but any existing project in the
10city, village or incorporated town currently owned and
11operated by the county housing authority shall remain in the
12ownership, operation, custody and control of the county
13housing authority.
14    (b-5) "Criminal history record" means a record of arrest,
15complaint, indictment, or any disposition arising therefrom.
16    (b-6) "Criminal history report" means any written, oral,
17or other communication of information that includes criminal
18history record information about a natural person that is
19produced by a law enforcement agency, a court, a consumer
20reporting agency, or a housing screening agency or business.
21    (c) "Presiding officer" shall mean the presiding officer
22of the board of a county, or the mayor or president of a city,
23village or incorporated town, as the case may be, for which an
24Authority is created hereunder.
25    (d) "Commissioner" shall mean one of the members of an
26Authority appointed in accordance with the provisions of this



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2    (e) "Government" shall include the State and Federal
3governments and the governments of any subdivisions, agency or
4instrumentality, corporate or otherwise, of either of them.
5    (f) "Department" shall mean the Department of Commerce and
6Economic Opportunity.
7    (g) "Project" shall include all lands, buildings, and
8improvements, acquired, owned, leased, managed or operated by
9a housing authority, and all buildings and improvements
10constructed, reconstructed or repaired by a housing authority,
11designed to provide housing accommodations and facilities
12appurtenant thereto (including community facilities and
13stores) which are planned as a unit, whether or not acquired or
14constructed at one time even though all or a portion of the
15buildings are not contiguous or adjacent to one another; and
16the planning of buildings and improvements, the acquisition of
17property, the demolition of existing structures, the clearing
18of land, the construction, reconstruction, and repair of
19buildings or improvements and all other work in connection
20therewith. As provided in Sections 8.14 to 8.18, inclusive,
21"project" also means, for Housing Authorities for
22municipalities of less than 500,000 population and for
23counties, the conservation of urban areas in accordance with
24an approved conservation plan. "Project" shall also include:
25        (1) acquisition of:
26            (i) a slum or blighted area or a deteriorated or



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1        deteriorating area which is predominantly residential
2        in character, or
3            (ii) any other deteriorated or deteriorating area
4        which is to be developed or redeveloped for
5        predominantly residential uses, or
6            (iii) platted urban or suburban land which is
7        predominantly open and which because of obsolete
8        platting, diversity of ownership, deterioration of
9        structures or of site improvements, or otherwise
10        substantially impairs or arrests the sound growth of
11        the community and which is to be developed for
12        predominantly residential uses, or
13            (iv) open unplatted urban or suburban land
14        necessary for sound community growth which is to be
15        developed for predominantly residential uses, or
16            (v) any other area where parcels of land remain
17        undeveloped because of improper platting, delinquent
18        taxes or special assessments, scattered or uncertain
19        ownerships, clouds on title, artificial values due to
20        excessive utility costs, or any other impediments to
21        the use of such area for predominantly residential
22        uses;
23        (2) installation, construction, or reconstruction of
24    streets, utilities, and other site improvements essential
25    to the preparation of sites for uses in accordance with
26    the development or redevelopment plan; and



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1        (3) making the land available for development or
2    redevelopment by private enterprise or public agencies
3    (including sale, initial leasing, or retention by the
4    local public agency itself).
5    If, in any city, village, or incorporated town, there
6exists a land clearance commission created under the Blighted
7Areas Redevelopment Act of 1947 (repealed) prior to August 20,
82021 (the effective date of Public Act 102-510) having the
9same area of operation as a housing authority created in and
10for any such municipality, such housing authority shall have
11no power to acquire land of the character described in
12subparagraph (iii), (iv), or (v) of paragraph (1) of the
13definition of "project" for the purpose of development or
14redevelopment by private enterprise.
15    (h) "Community facilities" shall include lands, buildings,
16and equipment for recreation or social assembly, for
17education, health or welfare activities and other necessary
18utilities primarily for use and benefit of the occupants of
19housing accommodations to be constructed, reconstructed,
20repaired or operated hereunder.
21    (i) "Real property" shall include lands, lands under
22water, structures, and any and all easements, franchises and
23incorporeal hereditaments and estates, and rights, legal and
24equitable, including terms for years and liens by way of
25judgment, mortgage or otherwise.
26    (j) The term "governing body" shall include the city



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1council of any city, the president and board of trustees of any
2village or incorporated town, the council of any city or
3village, and the county board of any county.
4    (k) The phrase "individual, association, corporation or
5organization" shall include any individual, private
6corporation, limited or general partnership, limited liability
7company, insurance company, housing corporation, neighborhood
8redevelopment corporation, non-profit corporation,
9incorporated or unincorporated group or association,
10educational institution, hospital, or charitable organization,
11and any mutual ownership or cooperative organization.
12    (l) "Conservation area", for the purpose of the exercise
13of the powers granted in Sections 8.14 to 8.18, inclusive, for
14housing authorities for municipalities of less than 500,000
15population and for counties, means an area of not less than 2
16acres in which the structures in 50% or more of the area are
17residential having an average age of 35 years or more. Such an
18area by reason of dilapidation, obsolescence, deterioration or
19illegal use of individual structures, overcrowding of
20structures and community facilities, conversion of residential
21units into non-residential use, deleterious land use or
22layout, decline of physical maintenance, lack of community
23planning, or any combination of these factors may become a
24slum and blighted area.
25    (m) "Conservation plan" means the comprehensive program
26for the physical development and replanning of a "Conservation



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1Area" as defined in paragraph (l) embodying the steps required
2to prevent such Conservation Area from becoming a slum and
3blighted area.
4    (n) "Fair use value" means the fair cash market value of
5real property when employed for the use contemplated by a
6"Conservation Plan" in municipalities of less than 500,000
7population and in counties.
8    (o) "Community facilities" means, in relation to a
9"Conservation Plan", those physical plants which implement,
10support and facilitate the activities, services and interests
11of education, recreation, shopping, health, welfare, religion
12and general culture.
13    (p) "Loan agreement" means any agreement pursuant to which
14an Authority agrees to loan the proceeds of its revenue bonds
15issued with respect to a multifamily rental housing project or
16other funds of the Authority to any person upon terms
17providing for loan repayment installments at least sufficient
18to pay when due all principal of, premium, if any, and interest
19on the revenue bonds of the Authority issued with respect to
20the multifamily rental housing project, and providing for
21maintenance, insurance, and other matters as may be deemed
22desirable by the Authority.
23    (q) "Multifamily rental housing" means any rental project
24designed for mixed-income or low-income occupancy.
25    (r) "Federally assisted housing" means any housing units
26or subsidized housing programs funded in whole or in part by



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1the federal government including all properties owned or
2financed by a housing authority, or a subsidiary or
3partnership in which the housing authority is a member.
4(Source: P.A. 101-659, eff. 3-23-21; 102-510, eff. 8-20-21;
5102-813, eff. 5-13-22.)
6    (310 ILCS 10/25)   (from Ch. 67 1/2, par. 25)
7    Sec. 25. Rentals and tenant selection. In the operation or
8management of housing projects an Authority shall at all times
9observe the following duties with respect to rentals and
10tenant selection:
11    (a) It shall not accept any person as a tenant in any
12dwelling in a housing project if the persons who would occupy
13the dwelling have an aggregate annual income which equals or
14exceeds the amount which the Authority determines (which
15determination shall be conclusive) to be necessary in order to
16enable such persons to secure safe, sanitary and uncongested
17dwelling accommodations within the area of operation of the
18Authority and to provide an adequate standard of living for
20    (b) It may rent or lease the dwelling accommodations
21therein only at rentals within the financial reach of persons
22who lack the amount of income which it determines (pursuant to
23(a) of this Section) to be necessary in order to obtain safe,
24sanitary and uncongested dwelling accommodations within the
25area of operation of the Authority and to provide an adequate



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1standard of living.
2    (c) It may rent or lease to a tenant a dwelling consisting
3of the number of rooms (but no greater number) which it deems
4necessary to provide safe and sanitary accommodations to the
5proposed occupants thereof, without overcrowding.
6    (d) It shall not change the residency preference of any
7prospective tenant once the application has been accepted by
8the authority.
9    (e) If an Authority desires a criminal history records
10check of all 50 states or a 50-state confirmation of a
11conviction record, the Authority shall submit the fingerprints
12of the relevant applicant, tenant, or other household member
13to the Illinois State Police in a manner prescribed by the
14Illinois State Police. These fingerprints shall be checked
15against the fingerprint records now and hereafter filed in the
16Illinois State Police and Federal Bureau of Investigation
17criminal history records databases. The Illinois State Police
18shall charge a fee for conducting the criminal history records
19check, which shall be deposited in the State Police Services
20Fund and shall not exceed the actual cost of the records check.
21The Illinois State Police shall furnish pursuant to positive
22identification, records of conviction to the Authority. An
23Authority that requests a criminal history report of an
24applicant or other household member shall inform the applicant
25at the time of the request that the applicant or other
26household member may provide additional mitigating information



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1for consideration with the application for housing.
2    (e-5) Criminal history record assessment. The Authority
3shall use the following process when evaluating the criminal
4history report of an applicant or other household member to
5determine whether to rent or lease to the applicant:
6        (1) Unless required by federal law, the Authority
7    shall not consider the following information when
8    determining eligibility for federally assisted housing
9    whether to rent or lease to an applicant for housing:
10            (A) an arrest or detention;
11            (B) criminal charges or indictments, and the
12        nature of any disposition arising therefrom, that do
13        not result in a conviction;
14            (C) a conviction that has been vacated, ordered,
15        expunged, sealed, or impounded by a court;
16            (D) matters under the jurisdiction of the Illinois
17        Juvenile Court;
18            (E) the amount of time since the applicant or
19        other household member completed his or her sentence
20        in prison or jail or was released from prison or jail;
21        or
22            (F) convictions occurring more than 180 days prior
23        to the date the applicant's applicant submitted his or
24        her application for housing is reviewed for
25        acceptance.
26        (2) The Authority shall create a system for the



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1    independent review of criminal history reports:
2            (A) the reviewer shall examine the applicant's or
3        other household member's criminal history report and
4        report only those records not prohibited under
5        paragraph (1) to the person or persons making the
6        decision about whether to offer federally assisted
7        housing to the applicant; and
8            (B) the reviewer shall not participate in any
9        final decisions on an applicant's application for
10        federally assisted housing.
11        (3) The Authority may deny an applicant's application
12    for federally assisted housing because of the applicant's
13    or another household member's criminal history record,
14    only if the Authority:
15            (A) determines that the denial is required under
16        federal law; or
17            (B) determines that there is a direct relationship
18        between the applicant or the other household member's
19        criminal history record and a risk to the health,
20        safety, and peaceful enjoyment of fellow tenants. The
21        mere existence of a criminal history record does not
22        demonstrate such a risk.
23    (f) It may, if a tenant has created or maintained a threat
24constituting a serious and clear danger to the health or
25safety of other tenants or Authority employees, after 3 days'
26written notice of termination and without a hearing, file suit



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1against any such tenant for recovery of possession of the
2premises. The tenant shall be given the opportunity to contest
3the termination in the court proceedings. A serious and clear
4danger to the health or safety of other tenants or Authority
5employees shall include, but not be limited to, any of the
6following activities of the tenant or of any other person on
7the premises with the consent of the tenant:
8        (1) Physical assault or the threat of physical
9    assault.
10        (2) Illegal use of a firearm or other weapon or the
11    threat to use in an illegal manner a firearm or other
12    weapon.
13        (3) Possession of a controlled substance by the tenant
14    or any other person on the premises with the consent of the
15    tenant if the tenant knew or should have known of the
16    possession by the other person of a controlled substance,
17    unless the controlled substance was obtained directly from
18    or pursuant to a valid prescription.
19        (4) Streetgang membership as defined in the Illinois
20    Streetgang Terrorism Omnibus Prevention Act.
21    The management of low-rent public housing projects
22financed and developed under the U.S. Housing Act of 1937
23shall be in accordance with that Act.
24    Nothing contained in this Section or any other Section of
25this Act shall be construed as limiting the power of an
26Authority to vest in a bondholder or trustee the right, in the



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1event of a default by the Authority, to take possession and
2operate a housing project or cause the appointment of a
3receiver thereof, free from all restrictions imposed by this
4Section or any other Section of this Act.
5(Source: P.A. 101-659, eff. 3-23-21; 102-538, eff. 8-20-21;
6102-813, eff. 5-13-22.)
7    (310 ILCS 10/25.01)
8    Sec. 25.01. Notification. Before denying an applicant's
9federally assisted housing application based, in whole or in
10part, on a criminal history record permitted under this Act,
11the Authority shall provide the opportunity for an individual
12assessment. The applicant for federally assisted housing shall
13be provided with a clear, written notice that:
14        (1) explains why the Authority has determined that the
15    criminal history report it obtained requires further
16    review, including detailed information on whether the need
17    for further review is based on federal law or on the
18    Authority's determination that the criminal history record
19    of the applicant or other household member indicates a
20    risk to the health, safety, or peaceful enjoyment of
21    housing for other residents;
22        (2) identifies the specific conviction or convictions
23    upon which the Authority relied upon when making its
24    decision to deny the applicant's federally assisted
25    housing application;



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1        (3) explains that the applicant has a right to an
2    individualized criminal records assessment hearing
3    regarding the Authority's decision to deny the applicant's
4    federally assisted housing application, as set forth in
5    Section 25.02;
6        (4) provides clear instructions on what to expect
7    during an individualized criminal records assessment
8    hearing, as set forth in Section 25.02;
9        (5) explains that if the applicant chooses not to
10    participate in an individualized criminal records
11    assessment hearing, the applicant's application will be
12    denied; and
13        (6) provides a copy of the criminal history report the
14    Authority used to make its determination.
15(Source: P.A. 101-659, eff. 3-23-21.)
16    (310 ILCS 10/25.02)
17    Sec. 25.02. Criminal records assessment hearing.
18    (a) An applicant has the right to an individualized
19criminal records assessment hearing if the applicant's
20application for federally assisted housing requires further
21review because of the applicant's or another household
22member's criminal history record. The individualized criminal
23records assessment hearing shall allow the applicant or other
24household member to:
25        (1) contest the accuracy of the criminal history



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1    record;
2        (2) contest the relevance of the criminal history
3    record to the Authority's decision to deny the applicant's
4    application for federally assisted housing; and
5        (3) provide mitigating evidence concerning the
6    applicant's or other household member's criminal
7    conviction or evidence of rehabilitation.
8    (b) The Authority shall not rent or lease to any other
9person the available federally assisted housing unit that is
10the subject of the applicant's individualized criminal records
11assessment hearing until after the Authority has issued a
12final ruling.
13    (c) The Authority shall adopt rules for criminal records
14assessment hearings in accordance with Article 10 of the
15Illinois Administrative Procedure Act.
16(Source: P.A. 101-659, eff. 3-23-21.)