Illinois General Assembly - Full Text of SB1476
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Full Text of SB1476  103rd General Assembly




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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 Affordable Housing Planning and Appeal Act
5is amended by changing Sections 15, 25, 30, and 50 as follows:
6    (310 ILCS 67/15)
7    Sec. 15. Definitions. As used in this Act:
8    "Affordable housing" means housing that has a value or
9cost or rental amount that is within the means of a household
10that may occupy moderate-income or low-income housing. In the
11case of owner-occupied dwelling units, housing that is
12affordable means housing in which mortgage, amortization,
13taxes, insurance, and condominium or association fees, if any,
14constitute no more than 30% of the gross annual household
15income for a household of the size that may occupy the unit. In
16the case of dwelling units for rent, housing that is
17affordable means housing for which the rent, any required
18parking, maintenance, landlord-imposed fees, and utilities
19constitute no more than 30% of the gross annual household
20income for a household of the size that may occupy the unit. In
21the case of dwelling units for rent, the costs of any required
22parking, maintenance, or landlord-imposed fees are to be
23included in the calculation of affordable housing if available



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1from the U.S. Census Bureau.
2    "Affordable housing developer" means a nonprofit entity,
3limited equity cooperative or public agency, or private
4individual, firm, corporation, or other entity seeking to
5build an affordable housing development.
6    "Affordable housing development" means (i) any housing
7that is subsidized by the federal or State government or (ii)
8any housing in which at least 20% of the dwelling units are
9subject to covenants or restrictions that require that the
10dwelling units be sold or rented at prices that preserve them
11as affordable housing for a period of at least 15 years, in the
12case of owner-occupied housing, and at least 30 years, in the
13case of rental housing.
14    "Approving authority" means the governing body of the
15county or municipality.
16    "Area median household income" means the median household
17income adjusted for family size for applicable income limit
18areas as determined annually by the federal Department of
19Housing and Urban Development under Section 8 of the United
20States Housing Act of 1937.
21    "Community land trust" means a private, not-for-profit
22corporation organized exclusively for charitable, cultural,
23and other purposes and created to acquire and own land for the
24benefit of the local government, including the creation and
25preservation of affordable housing.
26    "Development" means any building, construction,



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1renovation, or excavation or any material change in any
2structure or land, or change in the use of such structure or
3land, that results in a net increase in the number of dwelling
4units in a structure or on a parcel of land by more than one
5dwelling unit.
6    "Exempt local government" means any local government in
7which at least 15% of its total year-round housing units are
8affordable, as determined by the Illinois Housing Development
9Authority in accordance with Section 20, or any municipality
10with a population under 2,500. "Exempt local government" means
11any local government in which at least 10% of its total
12year-round housing units are affordable, as determined by the
13Illinois Housing Development Authority pursuant to Section 20
14of this Act; or any municipality under 1,000 population.
15    "Household" means the person or persons occupying a
16dwelling unit.
17    "Housing trust fund" means a separate fund, either within
18a local government or between local governments pursuant to
19intergovernmental agreement, established solely for the
20purposes authorized in subsection (d) of Section 25,
21including, without limitation, the holding and disbursing of
22financial resources to address the affordable housing needs of
23individuals or households that may occupy low-income or
24moderate-income housing.
25    "Local government" means a county or municipality.
26    "Low-income housing" means housing that is affordable,



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1according to the federal Department of Housing and Urban
2Development, for either home ownership or rental, and that is
3occupied, reserved, or marketed for occupancy by households
4with a gross household income that does not exceed 50% of the
5area median household income.
6    "Moderate-income housing" means housing that is
7affordable, according to the federal Department of Housing and
8Urban Development, for either home ownership or rental, and
9that is occupied, reserved, or marketed for occupancy by
10households with a gross household income that is greater than
1150% but does not exceed 80% of the area median household
13    "Non-appealable local government requirements" means all
14essential requirements that protect the public health and
15safety, including any local building, electrical, fire, or
16plumbing code requirements or those requirements that are
17critical to the protection or preservation of the environment.
18(Source: P.A. 102-175, eff. 7-29-21.)
19    (310 ILCS 67/25)
20    Sec. 25. Affordable housing plan.
21    (a) Prior to April 1, 2005, all non-exempt local
22governments must approve an affordable housing plan. Any local
23government that is determined by the Illinois Housing
24Development Authority under Section 20 to be non-exempt for
25the first time based on the recalculation of U.S. Census



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1Bureau data after 2010 shall have 18 months from the date of
2notification of its non-exempt status to approve an affordable
3housing plan under this Act. On and after the effective date of
4this amendatory Act of the 102nd General Assembly, an
5affordable housing plan, or any revision thereof, shall not be
6adopted by a non-exempt local government until notice and
7opportunity for public hearing have first been afforded.
8    (b) For the purposes of this Act, the affordable housing
9plan shall consist of at least the following:
10        (i) a statement of the total number of affordable
11    housing units that are necessary to exempt the local
12    government from the operation of this Act as defined in
13    Section 15 and Section 20;
14        (ii) an identification of lands within the
15    jurisdiction that are most appropriate for the
16    construction of affordable housing and of existing
17    structures most appropriate for conversion to, or
18    rehabilitation for, affordable housing, including a
19    consideration of affordable housing for both
20    owner-occupied dwelling units and dwelling units for rent,
21    lands and structures of developers who have expressed a
22    commitment to provide affordable housing, and lands and
23    structures that are publicly or semi-publicly owned;
24        (iii) incentives that local governments may provide
25    for the purpose of attracting affordable housing to their
26    jurisdiction; and



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1        (iv) a description of any housing market conditions,
2    infrastructure limitations, local government ordinances,
3    including zoning and land use ordinances, local government
4    policies or practices that do not affirmatively further
5    fair housing as defined in the federal Fair Housing Act,
6    and other local factors that constrain the local
7    government's ability to create and preserve affordable
8    housing;
9        (v) a plan or potential strategies to eliminate or
10    mitigate these constraints identified in item (iv);
11        (vi) one or more of the following goals with plans to
12    accomplish the goals within a period of no more than 5
13    years: (iv) a goal of a minimum of 15% of all new
14    development or redevelopment within the local government
15    that would be defined as affordable housing in this Act;
16    or a minimum of a 5 3 percentage point increase in the
17    overall percentage of affordable housing within its
18    jurisdiction, as described in subsection (b) of Section 20
19    of this Act; or a minimum of a total of 15% 10% affordable
20    housing within its jurisdiction as described in subsection
21    (b) of Section 20 of this Act. These goals may be met, in
22    whole or in part, through the creation of affordable
23    housing units under intergovernmental agreements as
24    described in subsection (e) of this Section; and .
25        (vii) proposed timelines, within the first 24 months
26    after the date upon which the affordable housing plan was



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1    adopted, for actions to implement the components of the
2    affordable housing plan.
3    Local governments that have previously been determined as
4a non-exempt municipality and that have submitted an
5affordable housing plan shall also include a summary of
6actions taken to implement the previously submitted plan, as
7well as a summary of progress made toward achieving the goals
8of the plan.
9    To comply with the affordable housing plan requirements,
10no later than 36 months after adopting or updating an
11affordable housing plan the local government shall submit a
12report to the Illinois Housing Development Authority
13summarizing actions taken to implement the current plan.
14    (c) Within 60 days after the adoption of an affordable
15housing plan or revisions to its affordable housing plan, the
16local government must submit a copy of that plan to the
17Illinois Housing Development Authority.
18    (d) In order to promote the goals of this Act and to
19maximize the creation, establishment, or preservation of
20affordable housing throughout the State of Illinois, a local
21government, whether exempt or non-exempt under this Act, may
22adopt the following measures to address the need for
23affordable housing:
24        (1) Local governments may individually or jointly
25    create or participate in a housing trust fund or otherwise
26    provide funding or support for the purpose of supporting



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1    affordable housing, including, without limitation, to
2    support the following affordable housing activities:
3            (A) Housing production, including, without
4        limitation, new construction, rehabilitation, and
5        adaptive re-use.
6            (B) Acquisition, including, without limitation,
7        land, single-family homes, multi-unit buildings, and
8        other existing structures that may be used in whole or
9        in part for residential use.
10            (C) Rental payment assistance.
11            (D) Home-ownership purchase assistance.
12            (E) Preservation of existing affordable housing.
13            (F) Weatherization.
14            (G) Emergency repairs.
15            (H) Housing related support services, including
16        homeownership education and financial counseling.
17            (I) Grants or loans to not-for-profit
18        organizations engaged in addressing the affordable
19        housing needs of low-income and moderate-income
20        households.
21        Local governments may authorize housing trust funds to
22    accept and utilize funds, property, and other resources
23    from all proper and lawful public and private sources so
24    long as those funds are used solely for addressing the
25    affordable housing needs of individuals or households that
26    may occupy low-income or moderate-income housing.



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1        (2) A local government may create a community land
2    trust, which may: acquire developed or undeveloped
3    interests in real property and hold them for affordable
4    housing purposes; convey such interests under long-term
5    leases, including ground leases; convey such interests for
6    affordable housing purposes; and retain an option to
7    reacquire any such real property interests at a price
8    determined by a formula ensuring that such interests may
9    be utilized for affordable housing purposes.
10        (3) A local government may use its zoning powers to
11    require the creation and preservation of affordable
12    housing as authorized under Section 5-12001 of the
13    Counties Code and Section 11-13-1 of the Illinois
14    Municipal Code.
15        (4) A local government may accept donations of money
16    or land for the purpose of addressing the affordable
17    housing needs of individuals or households that may occupy
18    low-income or moderate-income housing. These donations may
19    include, without limitation, donations of money or land
20    from persons, as long as the donations are demonstrably
21    used to preserve, create, or subsidize low-income housing
22    or moderate-income housing within the jurisdiction.
23    (e) In order to encourage regional cooperation and the
24maximum creation of affordable housing in areas lacking such
25housing in the State of Illinois, any non-exempt local
26government may enter into intergovernmental agreements under



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1subsection (e) of Section 25 with local governments within 10
2miles of its corporate boundaries in order to create
3affordable housing units to meet the goals of this Act. A
4non-exempt local government may not enter into an
5intergovernmental agreement, however, with any local
6government that contains more than 25% affordable housing as
7determined under Section 20 of this Act. All intergovernmental
8agreements entered into to create affordable housing units to
9meet the goals of this Act must also specify the basis for
10determining how many of the affordable housing units created
11will be credited to each local government participating in the
12agreement for purposes of complying with this Act. All
13intergovernmental agreements entered into to create affordable
14housing units to meet the goals of this Act must also specify
15the anticipated number of newly created affordable housing
16units that are to be credited to each local government
17participating in the agreement for purposes of complying with
18this Act. In specifying how many affordable housing units will
19be credited to each local government, the same affordable
20housing unit may not be counted by more than one local
22    (f) To enforce compliance with the provisions of this
23Section, and to encourage local governments to submit their
24affordable housing plans to the Illinois Housing Development
25Authority in a timely manner, the Illinois Housing Development
26Authority shall notify any local government and may notify the



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1Office of the Attorney General that the local government is in
2violation of State law if the Illinois Housing Development
3Authority finds that the affordable housing plan submitted is
4not in substantial compliance with this Section or that the
5local government failed to submit an affordable housing plan.
6The Attorney General may enforce this provision of the Act by
7an action for mandamus or injunction or by means of other
8appropriate relief.
9    (g) The Illinois Housing Development Authority shall post
10each affordable housing plan submitted by a local government
11on the Illinois Housing Development Authority's website.
12(Source: P.A. 102-175, eff. 7-29-21.)
13    (310 ILCS 67/30)
14    Sec. 30. Appeal to State Housing Appeals Board.
15    (a) (Blank).
16    (b) (Blank). Beginning January 1, 2009, an affordable
17housing developer whose application is either denied or
18approved with conditions that in his or her judgment render
19the provision of affordable housing infeasible may, within 45
20days after the decision, appeal to the State Housing Appeals
21Board challenging that decision unless the municipality or
22county that rendered the decision is exempt under Section 15
23of this Act. The developer must submit information regarding
24why the developer believes he or she was unfairly denied or
25unreasonable conditions were placed upon the tentative



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1approval of the development. In the case of local governments
2that are determined by the Illinois Housing Development
3Authority under Section 20 to be non-exempt for the first time
4based on the recalculation of U.S. Census Bureau data after
5the effective date of this amendatory Act of the 98th General
6Assembly, no developer may appeal to the State Housing Appeals
7Board until 60 months after a local government has been
8notified of its non-exempt status.
9    (b-5) Beginning January 1, 2026, an affordable housing
10developer, or resident of the municipality where an affordable
11housing development is proposed, may file an appeal as an
12appellant to the State Housing Appeals Board against a
13non-exempt municipality if the proposed affordable housing
14development was denied by the municipality or approved with
15conditions that in the appellant's judgment render the
16provision of affordable housing infeasible. Appeals must be
17filed within 45 days after the decision by the municipality.
18The appellant must submit information regarding why the
19appellant believes the affordable housing development was
20unfairly denied or unreasonable conditions were placed upon
21the tentative approval of the development. In the case of
22local governments that are determined by the Illinois Housing
23Development Authority under Section 20 to be non-exempt for
24the first time based on the recalculation of U.S. Census
25Bureau data after the effective date of this amendatory Act of
26the 103rd General Assembly, no developer may appeal to the



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1State Housing Appeals Board until 6 months after a local
2government has been notified of its non-exempt status.
3    (c) Beginning on the effective date of this amendatory Act
4of the 98th General Assembly, the Board shall, whenever
5possible, render a decision on the appeal within 120 days
6after the appeal is filed. The Board may extend the time by
7which it will render a decision where circumstances outside
8the Board's control make it infeasible for the Board to render
9a decision within 120 days. In any proceeding before the
10Board, the appellant affordable housing developer bears the
11burden of demonstrating that the proposed affordable housing
12development (i) has been unfairly denied or (ii) has had
13unreasonable conditions placed upon it by the decision of the
14local government.
15    (d) The Board shall dismiss any appeal if:
16        (i) the local government has adopted an affordable
17    housing plan as defined in Section 25 of this Act and
18    submitted that plan to the Illinois Housing Development
19    Authority within the time frame required by this Act; and
20        (ii) the local government has implemented its
21    affordable housing plan and has met its goal as
22    established in its affordable housing plan as defined in
23    Section 25 of this Act.
24    (e) The Board shall dismiss any appeal if the reason for
25denying the application or placing conditions upon the
26approval is a non-appealable local government requirement



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1under Section 15 of this Act.
2    (f) The Board may affirm, reverse, or modify the
3conditions of, or add conditions to, a decision made by the
4approving authority. The decision of the Board constitutes an
5order directed to the approving authority and is binding on
6the local government.
7    (g) The appellate court has the exclusive jurisdiction to
8review decisions of the Board. Any appeal to the Appellate
9Court of a final ruling by the State Housing Appeals Board may
10be heard only in the Appellate Court for the District in which
11the local government involved in the appeal is located. The
12appellate court shall apply the "clearly erroneous" standard
13when reviewing such appeals. An appeal of a final ruling of the
14Board shall be filed within 35 days after the Board's decision
15and in all respects shall be in accordance with Section 3-113
16of the Code of Civil Procedure.
17(Source: P.A. 98-287, eff. 8-9-13.)
18    (310 ILCS 67/50)
19    Sec. 50. Housing Appeals Board.
20    (a) On and after the effective date of this amendatory Act
21of the 103rd General Assembly, the Prior to January 1, 2008, a
22Housing Appeals Board consists shall be created consisting of
235 7 members appointed by the Governor as follows:
24        (1) a current or retired circuit judge, or retired
25    appellate judge, administrative law judge, or attorney



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1    with experience in the area of land use law, who shall act
2    as chairperson;
3        (2) 3 members selected from among the following
4    categories:
5            (A) county or municipal zoning board of appeals
6        members;
7            (B) county or municipal planning board members;
8            (C) a mayor or municipal council or board member;
9            (D) a county board member; and a zoning board of
10        appeals member;
11        (3) a planning board member;
12        (4) a mayor or municipal council or board member;
13        (5) a county board member;
14        (6) an affordable housing developer; and
15        (7) an affordable housing advocate.
16    In addition, the Chairman of the Illinois Housing
17Development Authority, ex officio, shall serve as a non-voting
18member. At least one of the appointments under paragraph (2)
19shall be from a local government that is non-exempt under this
20Act. No more than 4 of the appointed members may be from the
21same political party. Appointments under items (2), (3), and
22(4) shall be from local governments that are not exempt under
23this Act.
24    (b) Initial terms of 3 of the 4 members designated by the
25Governor under this amendatory Act of the 103rd General
26Assembly shall be for 2 years. Initial terms of 2 of the 3



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1members designated by the Governor under this amendatory Act
2of the 103rd General Assembly shall be for one year.
3Thereafter, members shall be appointed for terms of 2 years.
4After a member's term expires, the member shall continue to
5serve until a successor is appointed. There shall be no limit
6to the number of terms an appointee may serve. A member shall
7receive no compensation for his or her services, but shall be
8reimbursed by the State for all reasonable expenses actually
9and necessarily incurred in the performance of his or her
10official duties. The board shall hear all petitions for review
11filed under this Act and shall conduct all hearings in
12accordance with the rules and regulations established by the
13chairperson. The Illinois Housing Development Authority shall
14provide space and clerical and other assistance that the Board
15may require.
16    (c) (Blank).
17    (d) To the extent possible, any vacancies in the Housing
18Appeals Board shall be filled within 90 days of the vacancy.
19    (e) The terms of members serving before the effective date
20of this amendatory Act of the 103rd General Assembly expire on
21the effective date of this amendatory Act of the 103rd General
23(Source: P.A. 102-175, eff. 7-29-21.)