Rep. Abdelnasser Rashid

Filed: 4/18/2023





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2    AMENDMENT NO. ______. Amend Senate Bill 1476 by replacing
3everything after the enacting clause with the following:
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



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1affordable means housing for which the rent, any required
2parking, maintenance, landlord-imposed fees, and utilities
3constitute no more than 30% of the gross annual household
4income for a household of the size that may occupy the unit. In
5the case of dwelling units for rent, the costs of any required
6parking, maintenance, or landlord-imposed fees are to be
7included in the calculation of affordable housing if available
8from the U.S. Census Bureau.
9    "Affordable housing developer" means a nonprofit entity,
10limited equity cooperative or public agency, or private
11individual, firm, corporation, or other entity seeking to
12build an affordable housing development.
13    "Affordable housing development" means (i) any housing
14that is subsidized by the federal or State government or (ii)
15any housing in which at least 20% of the dwelling units are
16subject to covenants or restrictions that require that the
17dwelling units be sold or rented at prices that preserve them
18as affordable housing for a period of at least 15 years, in the
19case of owner-occupied housing, and at least 30 years, in the
20case of rental housing.
21    "Approving authority" means the governing body of the
22county or municipality.
23    "Area median household income" means the median household
24income adjusted for family size for applicable income limit
25areas as determined annually by the federal Department of
26Housing and Urban Development under Section 8 of the United



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1States Housing Act of 1937.
2    "Community land trust" means a private, not-for-profit
3corporation organized exclusively for charitable, cultural,
4and other purposes and created to acquire and own land for the
5benefit of the local government, including the creation and
6preservation of affordable housing.
7    "Development" means any building, construction,
8renovation, or excavation or any material change in any
9structure or land, or change in the use of such structure or
10land, that results in a net increase in the number of dwelling
11units in a structure or on a parcel of land by more than one
12dwelling unit.
13    "Exempt local government" means any local government in
14which at least 10% of its total year-round housing units are
15affordable, as determined by the Illinois Housing Development
16Authority in accordance with Section 20, or any municipality
17with a population under 1,000. "Exempt local government" means
18any local government in which at least 10% of its total
19year-round housing units are affordable, as determined by the
20Illinois Housing Development Authority pursuant to Section 20
21of this Act; or any municipality under 1,000 population.
22    "Household" means the person or persons occupying a
23dwelling unit.
24    "Housing organization" means a trade or industry group
25engaged in the construction or management of housing units, or
26a nonprofit organization whose mission includes providing or



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1advocating for increased access to housing for low or
2moderate-income households.
3    "Housing trust fund" means a separate fund, either within
4a local government or between local governments pursuant to
5intergovernmental agreement, established solely for the
6purposes authorized in subsection (d) of Section 25,
7including, without limitation, the holding and disbursing of
8financial resources to address the affordable housing needs of
9individuals or households that may occupy low-income or
10moderate-income housing.
11    "Local government" means a county or municipality.
12    "Low-income housing" means housing that is affordable,
13according to the federal Department of Housing and Urban
14Development, for either home ownership or rental, and that is
15occupied, reserved, or marketed for occupancy by households
16with a gross household income that does not exceed 50% of the
17area median household income.
18    "Moderate-income housing" means housing that is
19affordable, according to the federal Department of Housing and
20Urban Development, for either home ownership or rental, and
21that is occupied, reserved, or marketed for occupancy by
22households with a gross household income that is greater than
2350% but does not exceed 80% of the area median household
25    "Non-appealable local government requirements" means all
26essential requirements that protect the public health and



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1safety, including any local building, electrical, fire, or
2plumbing code requirements or those requirements that are
3critical to the protection or preservation of the environment.
4(Source: P.A. 102-175, eff. 7-29-21.)
5    (310 ILCS 67/25)
6    Sec. 25. Affordable housing plan.
7    (a) Prior to April 1, 2005, all non-exempt local
8governments must approve an affordable housing plan. Any local
9government that is determined by the Illinois Housing
10Development Authority under Section 20 to be non-exempt for
11the first time based on the recalculation of U.S. Census
12Bureau data after 2010 shall have 18 months from the date of
13notification of its non-exempt status to approve an affordable
14housing plan under this Act. On and after the effective date of
15this amendatory Act of the 102nd General Assembly, an
16affordable housing plan, or any revision thereof, shall not be
17adopted by a non-exempt local government until notice and
18opportunity for public hearing have first been afforded.
19    (b) For the purposes of this Act, the affordable housing
20plan shall consist of at least the following:
21        (i) a statement of the total number of affordable
22    housing units that are necessary to exempt the local
23    government from the operation of this Act as defined in
24    Section 15 and Section 20;
25        (ii) an identification of lands within the



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1    jurisdiction that are most appropriate for the
2    construction of affordable housing and of existing
3    structures most appropriate for conversion to, or
4    rehabilitation for, affordable housing, including a
5    consideration of affordable housing for both
6    owner-occupied dwelling units and dwelling units for rent,
7    lands and structures of developers who have expressed a
8    commitment to provide affordable housing, and lands and
9    structures that are publicly or semi-publicly owned;
10        (iii) incentives that local governments may provide
11    for the purpose of attracting affordable housing to their
12    jurisdiction; and
13        (iv) a description of any housing market conditions,
14    infrastructure limitations, local government ordinances,
15    including zoning and land use ordinances, local government
16    policies or practices that do not affirmatively further
17    fair housing as defined in the federal Fair Housing Act,
18    and other factors that may constrain the local
19    government's ability to create and preserve affordable
20    housing;
21        (v) a plan or potential strategies to eliminate or
22    mitigate these constraints identified in item (iv);
23        (vi) one or more of the following goals: (iv) a goal of
24    a minimum of 15% of all new development or redevelopment
25    within the local government that would be defined as
26    affordable housing in this Act; or a minimum of a 5 3



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1    percentage point increase in the overall percentage of
2    affordable housing within its jurisdiction, as described
3    in subsection (b) of Section 20 of this Act; or a minimum
4    of a total of 10% affordable housing within its
5    jurisdiction as described in subsection (b) of Section 20
6    of this Act. These goals may be met, in whole or in part,
7    through the creation of affordable housing units under
8    intergovernmental agreements as described in subsection
9    (e) of this Section; and .
10        (vii) proposed timelines to commence, within the first
11    24 months after the date upon which the affordable housing
12    plan was adopted, for actions to implement the components
13    of the affordable housing plan.
14    Local governments that have previously been determined as
15a non-exempt municipality and that have submitted an
16affordable housing plan shall also include a summary of
17actions taken to implement the previously submitted plan, as
18well as a summary of progress made toward achieving the goals
19of the plan.
20    To comply with the affordable housing plan requirements,
21no later than 4 years after adopting or updating an affordable
22housing plan the local government shall submit a report to the
23Illinois Housing Development Authority summarizing actions
24taken to implement the current plan.
25    (c) Within 60 days after the adoption of an affordable
26housing plan or revisions to its affordable housing plan, the



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1local government must submit a copy of that plan to the
2Illinois Housing Development Authority.
3    (d) In order to promote the goals of this Act and to
4maximize the creation, establishment, or preservation of
5affordable housing throughout the State of Illinois, a local
6government, whether exempt or non-exempt under this Act, may
7adopt the following measures to address the need for
8affordable housing:
9        (1) Local governments may individually or jointly
10    create or participate in a housing trust fund or otherwise
11    provide funding or support for the purpose of supporting
12    affordable housing, including, without limitation, to
13    support the following affordable housing activities:
14            (A) Housing production, including, without
15        limitation, new construction, rehabilitation, and
16        adaptive re-use.
17            (B) Acquisition, including, without limitation,
18        land, single-family homes, multi-unit buildings, and
19        other existing structures that may be used in whole or
20        in part for residential use.
21            (C) Rental payment assistance.
22            (D) Home-ownership purchase assistance.
23            (E) Preservation of existing affordable housing.
24            (F) Weatherization.
25            (G) Emergency repairs.
26            (H) Housing related support services, including



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1        homeownership education and financial counseling.
2            (I) Grants or loans to not-for-profit
3        organizations engaged in addressing the affordable
4        housing needs of low-income and moderate-income
5        households.
6        Local governments may authorize housing trust funds to
7    accept and utilize funds, property, and other resources
8    from all proper and lawful public and private sources so
9    long as those funds are used solely for addressing the
10    affordable housing needs of individuals or households that
11    may occupy low-income or moderate-income housing.
12        (2) A local government may create a community land
13    trust, which may: acquire developed or undeveloped
14    interests in real property and hold them for affordable
15    housing purposes; convey such interests under long-term
16    leases, including ground leases; convey such interests for
17    affordable housing purposes; and retain an option to
18    reacquire any such real property interests at a price
19    determined by a formula ensuring that such interests may
20    be utilized for affordable housing purposes.
21        (3) A local government may use its zoning powers to
22    require the creation and preservation of affordable
23    housing as authorized under Section 5-12001 of the
24    Counties Code and Section 11-13-1 of the Illinois
25    Municipal Code.
26        (4) A local government may accept donations of money



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1    or land for the purpose of addressing the affordable
2    housing needs of individuals or households that may occupy
3    low-income or moderate-income housing. These donations may
4    include, without limitation, donations of money or land
5    from persons, as long as the donations are demonstrably
6    used to preserve, create, or subsidize low-income housing
7    or moderate-income housing within the jurisdiction.
8    (e) In order to encourage regional cooperation and the
9maximum creation of affordable housing in areas lacking such
10housing in the State of Illinois, any non-exempt local
11government may enter into intergovernmental agreements under
12subsection (e) of Section 25 with local governments within 10
13miles of its corporate boundaries in order to create
14affordable housing units to meet the goals of this Act. A
15non-exempt local government may not enter into an
16intergovernmental agreement, however, with any local
17government that contains more than 25% affordable housing as
18determined under Section 20 of this Act. All intergovernmental
19agreements entered into to create affordable housing units to
20meet the goals of this Act must also specify the basis for
21determining how many of the affordable housing units created
22will be credited to each local government participating in the
23agreement for purposes of complying with this Act. All
24intergovernmental agreements entered into to create affordable
25housing units to meet the goals of this Act must also specify
26the anticipated number of newly created affordable housing



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1units that are to be credited to each local government
2participating in the agreement for purposes of complying with
3this Act. In specifying how many affordable housing units will
4be credited to each local government, the same affordable
5housing unit may not be counted by more than one local
7    (f) To enforce compliance with the provisions of this
8Section, and to encourage local governments to submit their
9affordable housing plans to the Illinois Housing Development
10Authority in a timely manner, the Illinois Housing Development
11Authority shall notify any local government and may notify the
12Office of the Attorney General that the local government is in
13violation of State law if the Illinois Housing Development
14Authority finds that the affordable housing plan submitted is
15not in substantial compliance with this Section or that the
16local government failed to submit an affordable housing plan.
17The Attorney General may enforce this provision of the Act by
18an action for mandamus or injunction or by means of other
19appropriate relief.
20    (g) The Illinois Housing Development Authority shall post
21each affordable housing plan submitted by a local government
22on the Illinois Housing Development Authority's website.
23(Source: P.A. 102-175, eff. 7-29-21.)
24    (310 ILCS 67/30)
25    Sec. 30. Appeal to State Housing Appeals Board.



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1    (a) (Blank).
2    (b) (Blank). Beginning January 1, 2009, an affordable
3housing developer whose application is either denied or
4approved with conditions that in his or her judgment render
5the provision of affordable housing infeasible may, within 45
6days after the decision, appeal to the State Housing Appeals
7Board challenging that decision unless the municipality or
8county that rendered the decision is exempt under Section 15
9of this Act. The developer must submit information regarding
10why the developer believes he or she was unfairly denied or
11unreasonable conditions were placed upon the tentative
12approval of the development. In the case of local governments
13that are determined by the Illinois Housing Development
14Authority under Section 20 to be non-exempt for the first time
15based on the recalculation of U.S. Census Bureau data after
16the effective date of this amendatory Act of the 98th General
17Assembly, no developer may appeal to the State Housing Appeals
18Board until 60 months after a local government has been
19notified of its non-exempt status.
20    (b-5) Beginning January 1, 2026, any of the following
21parties may file an appeal as an appellant to the State Housing
22Appeals Board against a non-exempt municipality if the
23proposed affordable housing development was denied by the
24municipality, or approved with conditions that in the
25appellant's judgment render the provision of affordable
26housing infeasible:



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1        (1) the affordable housing developer of the proposed
2    affordable housing development;
3        (2) a person who would be eligible to apply for
4    residency in the proposed affordable housing development;
5    or
6        (3) a housing organization whose geographic focus area
7    includes the municipality, or county if in an
8    unincorporated area, where the proposed affordable housing
9    development is located.
10    Appeals must be filed within 45 days after the decision by
11the municipality. The appellant must submit information
12regarding why the appellant believes the affordable housing
13development was unfairly denied or unreasonable conditions
14were placed upon the tentative approval of the development. In
15the case of local governments that are determined by the
16Illinois Housing Development Authority under Section 20 to be
17non-exempt for the first time based on the recalculation of
18U.S. Census Bureau data after the effective date of this
19amendatory Act of the 103rd General Assembly, no appellant may
20appeal to the State Housing Appeals Board until 6 months after
21a local government has been notified of its non-exempt status.
22    (c) Beginning on the effective date of this amendatory Act
23of the 98th General Assembly, the Board shall, whenever
24possible, render a decision on the appeal within 120 days
25after the appeal is filed. The Board may extend the time by
26which it will render a decision where circumstances outside



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1the Board's control make it infeasible for the Board to render
2a decision within 120 days. In any proceeding before the
3Board, the appellant affordable housing developer bears the
4burden of demonstrating that the proposed affordable housing
5development (i) has been unfairly denied or (ii) has had
6unreasonable conditions placed upon it by the decision of the
7local government.
8    (d) The Board shall dismiss any appeal if:
9        (i) the local government has adopted an affordable
10    housing plan as defined in Section 25 of this Act and
11    submitted that plan to the Illinois Housing Development
12    Authority within the time frame required by this Act; and
13        (ii) the local government has implemented its
14    affordable housing plan and has met its goal as
15    established in its affordable housing plan as defined in
16    Section 25 of this Act.
17    (e) The Board shall dismiss any appeal if the reason for
18denying the application or placing conditions upon the
19approval is a non-appealable local government requirement
20under Section 15 of this Act.
21    (f) The Board may affirm, reverse, or modify the
22conditions of, or add conditions to, a decision made by the
23approving authority. The decision of the Board constitutes an
24order directed to the approving authority and is binding on
25the local government.
26    (g) The appellate court has the exclusive jurisdiction to



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1review decisions of the Board. Any appeal to the Appellate
2Court of a final ruling by the State Housing Appeals Board may
3be heard only in the Appellate Court for the District in which
4the local government involved in the appeal is located. The
5appellate court shall apply the "clearly erroneous" standard
6when reviewing such appeals. An appeal of a final ruling of the
7Board shall be filed within 35 days after the Board's decision
8and in all respects shall be in accordance with Section 3-113
9of the Code of Civil Procedure.
10(Source: P.A. 98-287, eff. 8-9-13.)
11    (310 ILCS 67/50)
12    Sec. 50. Housing Appeals Board.
13    (a) On and after the effective date of this amendatory Act
14of the 103rd General Assembly, the Prior to January 1, 2008, a
15Housing Appeals Board consists shall be created consisting of
167 members appointed by the Governor as follows:
17        (1) a retired circuit judge, a or retired appellate
18    judge, a current or retired administrative law judge, or a
19    practicing or retired attorney with experience in the area
20    of land use law or related field, who shall act as
21    chairperson;
22        (2) 4 members selected from among the following
23    categories:
24            (A) county or municipal zoning board of appeals
25        members;



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1            (B) county or municipal planning board members;
2            (C) a mayor or municipal council or board member;
3            (D) a county board member; a zoning board of
4        appeals member;
5        (3) an affordable housing developer; and a planning
6    board member;
7        (4) a mayor or municipal council or board member;
8        (5) a county board member;
9        (6) an affordable housing developer; and
10        (4) (7) an affordable housing advocate.
11    In addition, the Chairman of the Illinois Housing
12Development Authority, ex officio, shall serve as a non-voting
13member. At least 2 of the appointments under paragraph (2)
14shall be from a local government that is non-exempt under this
15Act. No more than 4 of the appointed members may be from the
16same political party. Appointments under items (2), (3), and
17(4) shall be from local governments that are not exempt under
18this Act.
19    (b) Initial terms of 4 members designated by the Governor
20under this amendatory Act of the 103rd General Assembly shall
21be for 2 years. Initial terms of 3 members designated by the
22Governor under this amendatory Act of the 103rd General
23Assembly shall be for one year. Thereafter, members shall be
24appointed for terms of 2 years. After a member's term expires,
25the member shall continue to serve until a successor is
26appointed. There shall be no limit to the number of terms an



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