Sen. Ann Gillespie

Filed: 3/17/2023





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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 15% 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 2,500. "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 trust fund" means a separate fund, either within
25a local government or between local governments pursuant to
26intergovernmental agreement, established solely for the



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1purposes authorized in subsection (d) of Section 25,
2including, without limitation, the holding and disbursing of
3financial resources to address the affordable housing needs of
4individuals or households that may occupy low-income or
5moderate-income housing.
6    "Local government" means a county or municipality.
7    "Low-income housing" means housing that is affordable,
8according to the federal Department of Housing and Urban
9Development, for either home ownership or rental, and that is
10occupied, reserved, or marketed for occupancy by households
11with a gross household income that does not exceed 50% of the
12area median household income.
13    "Moderate-income housing" means housing that is
14affordable, according to the federal Department of Housing and
15Urban Development, for either home ownership or rental, and
16that is occupied, reserved, or marketed for occupancy by
17households with a gross household income that is greater than
1850% but does not exceed 80% of the area median household
20    "Non-appealable local government requirements" means all
21essential requirements that protect the public health and
22safety, including any local building, electrical, fire, or
23plumbing code requirements or those requirements that are
24critical to the protection or preservation of the environment.
25(Source: P.A. 102-175, eff. 7-29-21.)



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



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1    owner-occupied dwelling units and dwelling units for rent,
2    lands and structures of developers who have expressed a
3    commitment to provide affordable housing, and lands and
4    structures that are publicly or semi-publicly owned;
5        (iii) incentives that local governments may provide
6    for the purpose of attracting affordable housing to their
7    jurisdiction; and
8        (iv) a description of any housing market conditions,
9    infrastructure limitations, local government ordinances,
10    including zoning and land use ordinances, local government
11    policies or practices that do not affirmatively further
12    fair housing as defined in the federal Fair Housing Act,
13    and other local factors that constrain the local
14    government's ability to create and preserve affordable
15    housing;
16        (v) a plan or potential strategies to eliminate or
17    mitigate these constraints identified in item (iv);
18        (vi) one or more of the following goals with plans to
19    accomplish the goals within a period of no more than 5
20    years: (iv) a goal of a minimum of 15% of all new
21    development or redevelopment within the local government
22    that would be defined as affordable housing in this Act;
23    or a minimum of a 5 3 percentage point increase in the
24    overall percentage of affordable housing within its
25    jurisdiction, as described in subsection (b) of Section 20
26    of this Act; or a minimum of a total of 15% 10% affordable



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1    housing within its jurisdiction as described in subsection
2    (b) of Section 20 of this Act. These goals may be met, in
3    whole or in part, through the creation of affordable
4    housing units under intergovernmental agreements as
5    described in subsection (e) of this Section; and .
6        (vii) proposed timelines, within the first 24 months
7    after the date upon which the affordable housing plan was
8    adopted, for actions to implement the components of the
9    affordable housing plan.
10    Local governments that have previously been determined as
11a non-exempt municipality and that have submitted an
12affordable housing plan shall also include a summary of
13actions taken to implement the previously submitted plan, as
14well as a summary of progress made toward achieving the goals
15of the plan.
16    To comply with the affordable housing plan requirements,
17no later than 36 months after adopting or updating an
18affordable housing plan the local government shall submit a
19report to the Illinois Housing Development Authority
20summarizing actions taken to implement the current plan.
21    (c) Within 60 days after the adoption of an affordable
22housing plan or revisions to its affordable housing plan, the
23local government must submit a copy of that plan to the
24Illinois Housing Development Authority.
25    (d) In order to promote the goals of this Act and to
26maximize the creation, establishment, or preservation of



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1affordable housing throughout the State of Illinois, a local
2government, whether exempt or non-exempt under this Act, may
3adopt the following measures to address the need for
4affordable housing:
5        (1) Local governments may individually or jointly
6    create or participate in a housing trust fund or otherwise
7    provide funding or support for the purpose of supporting
8    affordable housing, including, without limitation, to
9    support the following affordable housing activities:
10            (A) Housing production, including, without
11        limitation, new construction, rehabilitation, and
12        adaptive re-use.
13            (B) Acquisition, including, without limitation,
14        land, single-family homes, multi-unit buildings, and
15        other existing structures that may be used in whole or
16        in part for residential use.
17            (C) Rental payment assistance.
18            (D) Home-ownership purchase assistance.
19            (E) Preservation of existing affordable housing.
20            (F) Weatherization.
21            (G) Emergency repairs.
22            (H) Housing related support services, including
23        homeownership education and financial counseling.
24            (I) Grants or loans to not-for-profit
25        organizations engaged in addressing the affordable
26        housing needs of low-income and moderate-income



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1        households.
2        Local governments may authorize housing trust funds to
3    accept and utilize funds, property, and other resources
4    from all proper and lawful public and private sources so
5    long as those funds are used solely for addressing the
6    affordable housing needs of individuals or households that
7    may occupy low-income or moderate-income housing.
8        (2) A local government may create a community land
9    trust, which may: acquire developed or undeveloped
10    interests in real property and hold them for affordable
11    housing purposes; convey such interests under long-term
12    leases, including ground leases; convey such interests for
13    affordable housing purposes; and retain an option to
14    reacquire any such real property interests at a price
15    determined by a formula ensuring that such interests may
16    be utilized for affordable housing purposes.
17        (3) A local government may use its zoning powers to
18    require the creation and preservation of affordable
19    housing as authorized under Section 5-12001 of the
20    Counties Code and Section 11-13-1 of the Illinois
21    Municipal Code.
22        (4) A local government may accept donations of money
23    or land for the purpose of addressing the affordable
24    housing needs of individuals or households that may occupy
25    low-income or moderate-income housing. These donations may
26    include, without limitation, donations of money or land



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1    from persons, as long as the donations are demonstrably
2    used to preserve, create, or subsidize low-income housing
3    or moderate-income housing within the jurisdiction.
4    (e) In order to encourage regional cooperation and the
5maximum creation of affordable housing in areas lacking such
6housing in the State of Illinois, any non-exempt local
7government may enter into intergovernmental agreements under
8subsection (e) of Section 25 with local governments within 10
9miles of its corporate boundaries in order to create
10affordable housing units to meet the goals of this Act. A
11non-exempt local government may not enter into an
12intergovernmental agreement, however, with any local
13government that contains more than 25% affordable housing as
14determined under Section 20 of this Act. All intergovernmental
15agreements entered into to create affordable housing units to
16meet the goals of this Act must also specify the basis for
17determining how many of the affordable housing units created
18will be credited to each local government participating in the
19agreement for purposes of complying with this Act. All
20intergovernmental agreements entered into to create affordable
21housing units to meet the goals of this Act must also specify
22the anticipated number of newly created affordable housing
23units that are to be credited to each local government
24participating in the agreement for purposes of complying with
25this Act. In specifying how many affordable housing units will
26be credited to each local government, the same affordable



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1housing unit may not be counted by more than one local
3    (f) To enforce compliance with the provisions of this
4Section, and to encourage local governments to submit their
5affordable housing plans to the Illinois Housing Development
6Authority in a timely manner, the Illinois Housing Development
7Authority shall notify any local government and may notify the
8Office of the Attorney General that the local government is in
9violation of State law if the Illinois Housing Development
10Authority finds that the affordable housing plan submitted is
11not in substantial compliance with this Section or that the
12local government failed to submit an affordable housing plan.
13The Attorney General may enforce this provision of the Act by
14an action for mandamus or injunction or by means of other
15appropriate relief.
16    (g) The Illinois Housing Development Authority shall post
17each affordable housing plan submitted by a local government
18on the Illinois Housing Development Authority's website.
19(Source: P.A. 102-175, eff. 7-29-21.)
20    (310 ILCS 67/30)
21    Sec. 30. Appeal to State Housing Appeals Board.
22    (a) (Blank).
23    (b) (Blank). Beginning January 1, 2009, an affordable
24housing developer whose application is either denied or
25approved with conditions that in his or her judgment render



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



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1unfairly denied or unreasonable conditions were placed upon
2the tentative approval of the development. In the case of
3local governments that are determined by the Illinois Housing
4Development Authority under Section 20 to be non-exempt for
5the first time based on the recalculation of U.S. Census
6Bureau data after the effective date of this amendatory Act of
7the 103rd General Assembly, no developer may appeal to the
8State Housing Appeals Board until 6 months after a local
9government has been notified of its non-exempt status.
10    (c) Beginning on the effective date of this amendatory Act
11of the 98th General Assembly, the Board shall, whenever
12possible, render a decision on the appeal within 120 days
13after the appeal is filed. The Board may extend the time by
14which it will render a decision where circumstances outside
15the Board's control make it infeasible for the Board to render
16a decision within 120 days. In any proceeding before the
17Board, the appellant affordable housing developer bears the
18burden of demonstrating that the proposed affordable housing
19development (i) has been unfairly denied or (ii) has had
20unreasonable conditions placed upon it by the decision of the
21local government.
22    (d) The Board shall dismiss any appeal if:
23        (i) the local government has adopted an affordable
24    housing plan as defined in Section 25 of this Act and
25    submitted that plan to the Illinois Housing Development
26    Authority within the time frame required by this Act; and



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1        (ii) the local government has implemented its
2    affordable housing plan and has met its goal as
3    established in its affordable housing plan as defined in
4    Section 25 of this Act.
5    (e) The Board shall dismiss any appeal if the reason for
6denying the application or placing conditions upon the
7approval is a non-appealable local government requirement
8under Section 15 of this Act.
9    (f) The Board may affirm, reverse, or modify the
10conditions of, or add conditions to, a decision made by the
11approving authority. The decision of the Board constitutes an
12order directed to the approving authority and is binding on
13the local government.
14    (g) The appellate court has the exclusive jurisdiction to
15review decisions of the Board. Any appeal to the Appellate
16Court of a final ruling by the State Housing Appeals Board may
17be heard only in the Appellate Court for the District in which
18the local government involved in the appeal is located. The
19appellate court shall apply the "clearly erroneous" standard
20when reviewing such appeals. An appeal of a final ruling of the
21Board shall be filed within 35 days after the Board's decision
22and in all respects shall be in accordance with Section 3-113
23of the Code of Civil Procedure.
24(Source: P.A. 98-287, eff. 8-9-13.)
25    (310 ILCS 67/50)



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1    Sec. 50. Housing Appeals Board.
2    (a) On and after the effective date of this amendatory Act
3of the 103rd General Assembly, the Prior to January 1, 2008, a
4Housing Appeals Board consists shall be created consisting of
55 7 members appointed by the Governor as follows:
6        (1) a current or retired circuit judge, or retired
7    appellate judge, administrative law judge, or attorney
8    with experience in the area of land use law, who shall act
9    as chairperson;
10        (2) 3 members selected from among the following
11    categories:
12            (A) county or municipal zoning board of appeals
13        members;
14            (B) county or municipal planning board members;
15            (C) a mayor or municipal council or board member;
16            (D) a county board member; and a zoning board of
17        appeals member;
18        (3) a planning board member;
19        (4) a mayor or municipal council or board member;
20        (5) a county board member;
21        (6) an affordable housing developer; and
22        (7) an affordable housing advocate.
23    In addition, the Chairman of the Illinois Housing
24Development Authority, ex officio, shall serve as a non-voting
25member. At least one of the appointments under paragraph (2)
26shall be from a local government that is non-exempt under this



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1Act. No more than 4 of the appointed members may be from the
2same political party. Appointments under items (2), (3), and
3(4) shall be from local governments that are not exempt under
4this Act.
5    (b) Initial terms of 3 of the 4 members designated by the
6Governor under this amendatory Act of the 103rd General
7Assembly shall be for 2 years. Initial terms of 2 of the 3
8members designated by the Governor under this amendatory Act
9of the 103rd General Assembly shall be for one year.
10Thereafter, members shall be appointed for terms of 2 years.
11After a member's term expires, the member shall continue to
12serve until a successor is appointed. There shall be no limit
13to the number of terms an appointee may serve. A member shall
14receive no compensation for his or her services, but shall be
15reimbursed by the State for all reasonable expenses actually
16and necessarily incurred in the performance of his or her
17official duties. The board shall hear all petitions for review
18filed under this Act and shall conduct all hearings in
19accordance with the rules and regulations established by the
20chairperson. The Illinois Housing Development Authority shall
21provide space and clerical and other assistance that the Board
22may require.
23    (c) (Blank).
24    (d) To the extent possible, any vacancies in the Housing
25Appeals Board shall be filled within 90 days of the vacancy.
26    (e) The terms of members serving before the effective date



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1of this amendatory Act of the 103rd General Assembly expire on
2the effective date of this amendatory Act of the 103rd General
4(Source: P.A. 102-175, eff. 7-29-21.)".