Full Text of HB1812 96th General Assembly
HB1812 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB1812
Introduced 2/18/2009, by Rep. Michael J. Madigan - Barbara Flynn Currie - Patricia R. Bellock SYNOPSIS AS INTRODUCED: |
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310 ILCS 20/5 |
from Ch. 67 1/2, par. 57 |
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Amends the Housing Development and Construction Act. Makes a technical change in a Section
concerning
the purposes for which grants to housing authorities may be used.
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A BILL FOR
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HB1812 |
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LRB096 05486 DRJ 15552 b |
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| AN ACT concerning housing.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Housing Development and Construction Act is | 5 |
| amended by changing Section 5 as follows:
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| (310 ILCS 20/5) (from Ch. 67 1/2, par. 57)
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| Sec. 5. Any grants paid hereunder to a housing authority | 8 |
| shall be
deposited in a separate fund and
and , subject to the | 9 |
| approval of the
Department of Commerce and Economic | 10 |
| Opportunity, may be used for any or all of
the following | 11 |
| purposes as the needs of the community may require: the
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| acquisition of land by purchase, gift or condemnation and the
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| improvement thereof, the purchase and installation of | 14 |
| temporary housing
facilities, the construction of housing | 15 |
| units for rent or sale to
veterans, the families of deceased | 16 |
| servicemen, and for persons and
families who by reason of | 17 |
| overcrowded housing conditions or displacement
by eviction, | 18 |
| fires or other calamities, or slum clearance or other
private | 19 |
| or public project involving relocation, are in urgent need of
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| safe and sanitary housing, the making of grants in connection | 21 |
| with the
sale or lease of real property as provided in the | 22 |
| following paragraph of
this section, and for any and all | 23 |
| purposes authorized by the "Housing
Authorities Act," approved |
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HB1812 |
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LRB096 05486 DRJ 15552 b |
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| March 19, 1934, as amended, including
administrative expenses | 2 |
| of the housing authorities in relation to the
aforesaid | 3 |
| objectives, to the extent and for the purposes
authorized and
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| approved by the Department of Commerce and Economic | 5 |
| Opportunity. Each housing
authority is vested with power to | 6 |
| exercise the right of eminent domain
for the purposes | 7 |
| authorized by this Act. Condemnation proceedings
instituted by | 8 |
| any such authority shall be in all respects in the manner
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| provided for the exercise of the right of
eminent domain under | 10 |
| the Eminent Domain Act. | 11 |
| In addition to the foregoing, and for the purpose of | 12 |
| facilitating the
development and construction of housing, | 13 |
| housing authorities may, with
the approval of the Department of | 14 |
| Commerce and Economic Opportunity, enter into
contracts and | 15 |
| agreements for the sale or lease of real property acquired
by | 16 |
| the Authority through the use of the grant hereunder, and may | 17 |
| sell or
lease such property to (1) housing corporations | 18 |
| operating under "An Act
in relation to housing," approved July | 19 |
| 12, 1933, as amended; (2)
neighborhood redevelopment | 20 |
| corporations operating under the
"Neighborhood Redevelopment | 21 |
| Corporation Law," approved July 9, 1941; (3)
insurance | 22 |
| companies operating under Article VIII of the Illinois
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| Insurance Code; (4) non-profit
corporations organized for the | 24 |
| purpose of constructing, managing and
operating housing | 25 |
| projects and the improvement of housing conditions,
including | 26 |
| the sale or rental of housing units to persons in need
thereof; |
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HB1812 |
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LRB096 05486 DRJ 15552 b |
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| or (5) to any other individual, association or corporation,
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| including bona fide housing cooperatives, desiring to engage in | 3 |
| a
development or redevelopment project. The term "corporation" | 4 |
| as used in
this section, means a corporation organized under | 5 |
| the laws of this or
any other state of the United States, or of | 6 |
| any country, which may
legally make investments in this State | 7 |
| of the character herein
prescribed, including foreign and alien | 8 |
| insurance companies as defined
in Section 2 of the "Illinois | 9 |
| Insurance Code." No sale or lease shall be
made hereunder to | 10 |
| any of the aforesaid corporations,
associations or
individuals | 11 |
| unless a plan approved by the Authority has been presented
by | 12 |
| the purchaser or lessee for the development or redevelopment of | 13 |
| such
property, together with a bond, with satisfactory | 14 |
| sureties, of not less
than 10% of the cost of such development | 15 |
| or redevelopment, conditioned
upon the completion of such | 16 |
| development or redevelopment; provided that
the requirement of | 17 |
| the bond may be waived by the Department of Commerce
and | 18 |
| Economic Opportunity if it is satisfied of the
financial | 19 |
| ability of the
purchaser or lessee to complete such development | 20 |
| or redevelopment in
accordance with the presented plan. To | 21 |
| further assure that the real
property so sold or leased shall | 22 |
| be used in accordance with the plan,
the Department of Commerce | 23 |
| and Economic Opportunity may require the purchaser or
lessee to | 24 |
| execute in writing such undertakings as the Department deems
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| necessary to obligate such purchaser or lessee (1) to use the | 26 |
| property
for the purposes presented in the plan; (2) to |
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HB1812 |
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LRB096 05486 DRJ 15552 b |
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| commence and complete the
building of the improvements | 2 |
| designated in the plan within the periods
of time that the | 3 |
| Department of Commerce and Economic Opportunity fixes as
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| reasonable, and (3) to comply with such other conditions as are
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| necessary to carry out the purposes of this Act. Any such | 6 |
| property may
be sold pursuant to this section for any legal | 7 |
| consideration in an
amount to be approved by the Department of | 8 |
| Commerce and Economic Opportunity.
Subject to the approval of | 9 |
| the Department of Commerce and Economic Opportunity,
a housing | 10 |
| authority may pay to any non-profit corporation of the
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| character described in this section from grants made available | 12 |
| from
state funds, such sum of money which, when added to the | 13 |
| value of the
land so sold or leased to such non-profit | 14 |
| corporation and the value of
other assets of such non-profit | 15 |
| corporation available for use in the
project, will enable such | 16 |
| non-profit corporation to obtain Federal
Housing | 17 |
| Administration insured construction mortgages. Any such
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| authority may also sell, transfer, convey or assign to any such
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| non-profit corporation any personal property, including | 20 |
| building
materials and supplies, as it deems necessary to | 21 |
| facilitate the
completion of the development or redevelopment | 22 |
| by such non-profit
corporation.
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| If the area of operation of a housing authority includes a | 24 |
| city,
village or incorporated town having a population in | 25 |
| excess of 500,000,
as determined by the last preceding Federal | 26 |
| Census, no real property or
interest in real property shall be |
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HB1812 |
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LRB096 05486 DRJ 15552 b |
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| acquired in such municipality by the
housing authority until | 2 |
| such time as the housing authority has advised
the governing | 3 |
| body of such municipality of the description of the real
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| property, or interest therein, proposed to be acquired, and the
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| governing body of the municipality has approved the acquisition | 6 |
| thereof
by the housing authority.
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| (Source: P.A. 94-793, eff. 5-19-06; 94-1055, eff. 1-1-07.)
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