Illinois General Assembly - Illinois Compiled Statutes

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310 ILCS 67/15

(310 ILCS 67/15)

Sec. 15. Definitions. As used in this Act:

"Affordable housing" means housing that has a value or cost or rental amount
that is within the means of a household that may occupy moderate-income or
low-income
housing. In the case of owner-occupied dwelling units,
housing that is affordable means housing in which mortgage, amortization,
taxes, insurance, and condominium or association fees, if any, constitute no
more than 30% of the gross annual household income for a household of the size
that may occupy the unit. In the case of dwelling units for rent, housing that
is affordable means housing for which the rent and utilities constitute no more
than 30% of the gross annual household income for a household of the size that
may occupy the unit. In the case of dwelling units for rent, the costs of any required parking, maintenance, or landlord-imposed fees are to be included in the calculation of affordable housing if available from the U.S. Census Bureau.

"Affordable housing developer" means a nonprofit entity, limited equity
cooperative or public agency, or private individual, firm, corporation, or
other entity
seeking to build an affordable housing development.

"Affordable housing development" means (i) any housing that is subsidized by
the federal or State government or (ii) any housing in which at least 20% of
the dwelling units are subject to covenants or restrictions that require that
the dwelling units be sold or rented at prices that preserve them as affordable
housing for a period of at least 15 years, in the case of owner-occupied housing, and
at least 30 years, in the case of rental housing.

"Approving authority" means the governing body of the county or municipality.

"Area median household income" means the median household income adjusted for family size for applicable income limit areas as determined annually by the federal Department of Housing and Urban Development under Section 8 of the United States Housing Act of 1937.

"Community land trust" means a private, not-for-profit corporation organized exclusively for charitable, cultural, and other purposes and created to acquire and own land for the benefit of the local government, including the creation and preservation of affordable housing.

"Development" means any building, construction, renovation, or excavation or
any material change in any structure or land, or change in the
use
of such structure or land, that results in a net increase in the number of dwelling units in a structure or on a parcel of land by more than one dwelling unit.

"Exempt local government" means any local government in which at least 10%  of its total year-round housing units are affordable, as determined by the Illinois Housing Development Authority in accordance with Section 20, or any municipality with a population under 1,000.

"Household" means the person or persons occupying a dwelling unit.

"Housing organization" means a trade or industry group engaged in the construction or management of housing units, or a nonprofit organization whose mission includes providing or advocating for increased access to housing for low or moderate-income households.

"Housing trust fund" means a separate fund, either within a local government or between local governments pursuant to intergovernmental agreement, established solely for the purposes authorized in subsection (d) of Section 25, including, without limitation, the holding and disbursing of financial resources to address the affordable housing needs of individuals or households that may occupy low-income or moderate-income housing.

"Local government" means a county or municipality.

"Low-income housing" means housing that is affordable, according to the
federal Department of Housing and Urban Development, for either home ownership
or rental, and that is occupied, reserved, or marketed for occupancy by
households with a gross household income that does not exceed 50% of the area median
 household income.

"Moderate-income housing" means housing that is affordable, according to the
federal Department of Housing and Urban Development, for either home ownership
or
rental, and that is occupied, reserved, or marketed for occupancy by households
with a gross household income that is greater than 50% but does not exceed 80%
of the area median household income.

"Non-appealable local government requirements" means all essential
requirements that protect the public health and safety, including any local
building, electrical, fire, or plumbing code requirements or those requirements
that
are critical to the protection or preservation of the environment.

(Source: P.A. 102-175, eff. 7-29-21; 103-487, eff. 1-1-24.)