Full Text of SB1476 103rd General Assembly
SB1476eng 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning housing.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Affordable Housing Planning and Appeal Act | 5 | | is 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 | 9 | | cost or rental amount
that is within the means of a household | 10 | | that may occupy moderate-income or
low-income
housing. In the | 11 | | case of owner-occupied dwelling units,
housing that is | 12 | | affordable means housing in which mortgage, amortization,
| 13 | | taxes, insurance, and condominium or association fees, if any, | 14 | | constitute no
more than 30% of the gross annual household | 15 | | income for a household of the size
that may occupy the unit. In | 16 | | the case of dwelling units for rent, housing that
is | 17 | | affordable means housing for which the rent , any required | 18 | | parking, maintenance, landlord-imposed fees, and utilities | 19 | | constitute no more
than 30% of the gross annual household | 20 | | income for a household of the size that
may occupy the unit. In | 21 | | the case of dwelling units for rent, the costs of any required | 22 | | parking, maintenance, or landlord-imposed fees are to be | 23 | | included in the calculation of affordable housing if available |
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| 1 | | from the U.S. Census Bureau.
| 2 | | "Affordable housing developer" means a nonprofit entity, | 3 | | limited equity
cooperative or public agency, or private | 4 | | individual, firm, corporation, or
other entity
seeking to | 5 | | build an affordable housing development.
| 6 | | "Affordable housing development" means (i) any housing | 7 | | that is subsidized by
the federal or State government or (ii) | 8 | | any housing in which at least 20% of
the dwelling units are | 9 | | subject to covenants or restrictions that require that
the | 10 | | dwelling units be sold or rented at prices that preserve them | 11 | | as affordable
housing for a period of at least 15 years, in the | 12 | | case of owner-occupied housing, and
at least 30 years, in the | 13 | | case of rental housing.
| 14 | | "Approving authority" means the governing body of the | 15 | | county or municipality. | 16 | | "Area median household income" means the median household | 17 | | income adjusted for family size for applicable income limit | 18 | | areas as determined annually by the federal Department of | 19 | | Housing and Urban Development under Section 8 of the United | 20 | | States Housing Act of 1937.
| 21 | | "Community land trust" means a private, not-for-profit | 22 | | corporation organized exclusively for charitable, cultural, | 23 | | and other purposes and created to acquire and own land for the | 24 | | benefit of the local government, including the creation and | 25 | | preservation of affordable housing.
| 26 | | "Development" means any building, construction, |
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| 1 | | renovation, or excavation or
any material change in any | 2 | | structure or land, or change in the
use
of such structure or | 3 | | land, that results in a net increase in the number of dwelling | 4 | | units in a structure or on a parcel of land by more than one | 5 | | dwelling unit.
| 6 | | "Exempt local government" means any local government in | 7 | | which at least 15% of its total year-round housing units are | 8 | | affordable, as determined by the Illinois Housing Development | 9 | | Authority in accordance with Section 20, or any municipality | 10 | | with a population under 2,500. "Exempt local government" means | 11 | | any local government in which at least 10% of
its total | 12 | | year-round housing units are affordable, as determined by the
| 13 | | Illinois Housing Development Authority pursuant to Section 20 | 14 | | of this Act; or
any municipality under 1,000 population.
| 15 | | "Household" means the person or persons occupying a | 16 | | dwelling unit.
| 17 | | "Housing trust fund" means a separate fund, either within | 18 | | a local government or between local governments pursuant to | 19 | | intergovernmental agreement, established solely for the | 20 | | purposes authorized in subsection (d) of Section 25, | 21 | | including, without limitation, the holding and disbursing of | 22 | | financial resources to address the affordable housing needs of | 23 | | individuals or households that may occupy low-income or | 24 | | moderate-income housing.
| 25 | | "Local government" means a county or municipality.
| 26 | | "Low-income housing" means housing that is affordable, |
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| 1 | | according to the
federal Department of Housing and Urban | 2 | | Development, for either home ownership
or rental, and that is | 3 | | occupied, reserved, or marketed for occupancy by
households | 4 | | with a gross household income that does not exceed 50% of the | 5 | | area median
household income.
| 6 | | "Moderate-income housing" means housing that is | 7 | | affordable, according to the
federal Department of Housing and | 8 | | Urban Development, for either home ownership
or
rental, and | 9 | | that is occupied, reserved, or marketed for occupancy by | 10 | | households
with a gross household income that is greater than | 11 | | 50% but does not exceed 80%
of the area median household | 12 | | income.
| 13 | | "Non-appealable local government requirements" means all | 14 | | essential
requirements that protect the public health and | 15 | | safety, including any local
building, electrical, fire, or | 16 | | plumbing code requirements or those requirements
that
are | 17 | | critical 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 | 22 | | governments must approve an
affordable housing plan. Any local | 23 | | government that is determined by the Illinois Housing | 24 | | Development Authority under Section 20 to be non-exempt for | 25 | | the first time based on the recalculation of U.S. Census |
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| 1 | | Bureau data after 2010 shall have 18 months from the date of | 2 | | notification of its non-exempt status to approve an affordable | 3 | | housing plan under this Act.
On and after the effective date of | 4 | | this amendatory Act of the 102nd General Assembly, an | 5 | | affordable housing plan, or any revision thereof, shall not be | 6 | | adopted by a non-exempt local government until notice and | 7 | | opportunity for public hearing have first been afforded.
| 8 | | (b) For the purposes of this Act, the affordable housing | 9 | | plan 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 | 4 | | a non-exempt municipality and that have submitted an | 5 | | affordable housing plan shall also include a summary of | 6 | | actions taken to implement the previously submitted plan, as | 7 | | well as a summary of progress made toward achieving the goals | 8 | | of the plan. | 9 | | To comply with the affordable housing plan requirements, | 10 | | no later than 36 months after adopting or updating an | 11 | | affordable housing plan the local government shall submit a | 12 | | report to the Illinois Housing Development Authority | 13 | | summarizing actions taken to implement the current plan. | 14 | | (c) Within 60 days after the adoption of an affordable | 15 | | housing plan or
revisions to its affordable housing plan, the | 16 | | local government must submit a
copy of that plan to the | 17 | | Illinois Housing Development Authority.
| 18 | | (d) In order to promote the goals of this Act and to | 19 | | maximize the creation, establishment, or preservation of | 20 | | affordable housing throughout the State of Illinois, a local | 21 | | government, whether exempt or non-exempt under this Act, may | 22 | | adopt the following measures to address the need for | 23 | | affordable 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 | 24 | | maximum creation of affordable housing in areas lacking such | 25 | | housing in the State of Illinois, any non-exempt local | 26 | | government may enter into intergovernmental agreements under |
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| 1 | | subsection (e) of Section 25 with local governments within 10 | 2 | | miles of its corporate boundaries in order to create | 3 | | affordable housing units to meet the goals of this Act. A | 4 | | non-exempt local government may not enter into an | 5 | | intergovernmental agreement, however, with any local | 6 | | government that contains more than 25% affordable housing as | 7 | | determined under Section 20 of this Act. All intergovernmental | 8 | | agreements entered into to create affordable housing units to | 9 | | meet the goals of this Act must also specify the basis for | 10 | | determining how many of the affordable housing units created | 11 | | will be credited to each local government participating in the | 12 | | agreement for purposes of complying with this Act. All | 13 | | intergovernmental agreements entered into to create affordable | 14 | | housing units to meet the goals of this Act must also specify | 15 | | the anticipated number of newly created affordable housing | 16 | | units that are to be credited to each local government | 17 | | participating in the agreement for purposes of complying with | 18 | | this Act. In specifying how many affordable housing units will | 19 | | be credited to each local government, the same affordable | 20 | | housing unit may not be counted by more than one local | 21 | | government.
| 22 | | (f) To enforce compliance with the provisions of this | 23 | | Section, and to encourage local governments to submit their | 24 | | affordable housing plans to the Illinois Housing Development | 25 | | Authority in a timely manner, the Illinois Housing Development | 26 | | Authority shall notify any local government and may notify the |
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| 1 | | Office of the Attorney General that the local government is in | 2 | | violation of State law if the Illinois Housing Development | 3 | | Authority finds that the affordable housing plan submitted is | 4 | | not in substantial compliance with this Section or that the | 5 | | local government failed to submit an affordable housing plan. | 6 | | The Attorney General may enforce this provision of the Act by | 7 | | an action for mandamus or injunction or by means of other | 8 | | appropriate relief. | 9 | | (g) The Illinois Housing Development Authority shall post | 10 | | each affordable housing plan submitted by a local government | 11 | | on 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 | 17 | | housing developer whose
application is either denied or | 18 | | approved with conditions that in his or her
judgment render | 19 | | the
provision of affordable housing infeasible may, within 45 | 20 | | days after the
decision, appeal to the State Housing Appeals | 21 | | Board challenging that decision
unless the municipality or | 22 | | county that rendered the decision is exempt under
Section 15 | 23 | | of this Act. The developer must submit information regarding | 24 | | why the
developer believes he or she was unfairly denied or | 25 | | unreasonable conditions
were placed upon the tentative |
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| 1 | | approval of the development. In the case of local governments | 2 | | that are determined by the Illinois Housing Development | 3 | | Authority under Section 20 to be non-exempt for the first time | 4 | | based on the recalculation of U.S. Census Bureau data after | 5 | | the effective date of this amendatory Act of the 98th General | 6 | | Assembly, no developer may appeal to the State Housing Appeals | 7 | | Board until 60 months after a local government has been | 8 | | notified of its non-exempt status.
| 9 | | (b-5) Beginning January 1, 2026, an affordable housing | 10 | | developer, or resident of the municipality where an affordable | 11 | | housing development is proposed, may file an appeal as an | 12 | | appellant to the State Housing Appeals Board against a | 13 | | non-exempt municipality if the proposed affordable housing | 14 | | development was denied by the municipality or approved with | 15 | | conditions that in the appellant's judgment render the | 16 | | provision of affordable housing infeasible. Appeals must be | 17 | | filed within 45 days after the decision by the municipality. | 18 | | The appellant must submit information regarding why the | 19 | | appellant believes the affordable housing development was | 20 | | unfairly denied or unreasonable conditions were placed upon | 21 | | the tentative approval of the development. In the case of | 22 | | local governments that are determined by the Illinois Housing | 23 | | Development Authority under Section 20 to be non-exempt for | 24 | | the first time based on the recalculation of U.S. Census | 25 | | Bureau data after the effective date of this amendatory Act of | 26 | | the 103rd General Assembly, no developer may appeal to the |
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| 1 | | State Housing Appeals Board until 6 months after a local | 2 | | government has been notified of its non-exempt status. | 3 | | (c) Beginning on the effective date of this amendatory Act | 4 | | of the 98th General Assembly, the Board shall, whenever | 5 | | possible, render a decision on the
appeal within 120 days | 6 | | after the appeal is filed. The Board may extend the time
by | 7 | | which it will render a decision where circumstances outside
| 8 | | the Board's control make it infeasible for the Board to render
| 9 | | a decision within 120 days.
In any proceeding before the | 10 | | Board, the appellant affordable housing developer
bears the | 11 | | burden of demonstrating that the proposed affordable housing | 12 | | development (i) has been unfairly denied or (ii) has had
| 13 | | unreasonable conditions
placed upon it by the decision of the | 14 | | local 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 | 25 | | denying the
application or placing
conditions upon the | 26 | | approval is a non-appealable local government
requirement
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| 1 | | under Section 15 of this Act.
| 2 | | (f) The Board may affirm, reverse, or modify the | 3 | | conditions of, or add
conditions to, a decision made by the | 4 | | approving authority. The decision of the
Board constitutes an | 5 | | order directed to the approving authority and is binding
on | 6 | | the local government.
| 7 | | (g) The appellate court has the exclusive jurisdiction to | 8 | | review decisions
of the Board. Any appeal to the Appellate | 9 | | Court of a final ruling by the State Housing Appeals Board may | 10 | | be heard only in the Appellate Court for the District in which | 11 | | the local government involved in the appeal is located.
The | 12 | | appellate court shall apply the "clearly erroneous" standard | 13 | | when reviewing such appeals. An appeal of a final ruling of the | 14 | | Board shall be filed within 35 days after the
Board's decision | 15 | | and in all respects shall be in accordance with Section 3-113 | 16 | | of 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 | 21 | | of the 103rd General Assembly, the Prior to January 1, 2008, a | 22 | | Housing Appeals Board consists shall be created
consisting of | 23 | | 5 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 | 17 | | Development Authority, ex
officio, shall serve as a non-voting | 18 | | member.
At least one of the appointments under paragraph (2) | 19 | | shall be from a local government that is non-exempt under this | 20 | | Act. No more than 4 of the appointed members may be from the | 21 | | same political party.
Appointments under items (2), (3), and | 22 | | (4) shall be from local governments that
are not exempt under | 23 | | this Act.
| 24 | | (b) Initial terms of 3 of the 4 members designated by the | 25 | | Governor under this amendatory Act of the 103rd General | 26 | | Assembly shall be for 2
years. Initial terms of 2 of the 3 |
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| 1 | | members designated by the Governor under this amendatory Act | 2 | | of the 103rd General Assembly shall be for one
year. | 3 | | Thereafter, members shall be appointed for terms of 2 years. | 4 | | After a member's term expires, the member shall continue to | 5 | | serve until a successor is appointed. There shall be no limit | 6 | | to the number of terms an appointee may serve. A member
shall | 7 | | receive no
compensation for his or her services, but shall be | 8 | | reimbursed by the State for
all reasonable expenses actually | 9 | | and necessarily incurred in the performance of
his or her
| 10 | | official duties. The board shall hear all petitions for review | 11 | | filed under this
Act and shall conduct all hearings in | 12 | | accordance with the rules and regulations
established by the | 13 | | chairperson. The Illinois Housing Development Authority
shall | 14 | | provide space and
clerical and other assistance that the Board | 15 | | may require.
| 16 | | (c) (Blank).
| 17 | | (d) To the extent possible, any vacancies in the Housing | 18 | | Appeals Board shall be filled within 90 days of the vacancy. | 19 | | (e) The terms of members serving before the effective date | 20 | | of this amendatory Act of the 103rd General Assembly expire on | 21 | | the effective date of this amendatory Act of the 103rd General | 22 | | Assembly. | 23 | | (Source: P.A. 102-175, eff. 7-29-21.)
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