Public Act 093-0749
 		





SB2921 Enrolled
LRB093 21040 DRJ 47058 b






    AN ACT concerning housing.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5.  The Housing Authorities Act is amended by 
changing Section 25 as
follows:


 



    (310 ILCS 10/25)
  (from Ch. 67 1/2, par. 25)



    Sec. 25. Rentals and tenant selection. In the operation or 
management
of housing projects an Authority
shall at all times 
observe the following duties with respect to rentals and
tenant 
selection:

    (a) It shall not accept any person as a tenant in any

dwelling in a housing project if the persons who would occupy 
the dwelling
have an aggregate annual income which equals or 
exceeds the amount which
the Authority determines (which 
determination shall be conclusive) to be
necessary in order to 
enable such persons to secure safe, sanitary and
uncongested 
dwelling accommodations within the area of operation of the

Authority and to provide an adequate standard of living for 
themselves.

    (b) It may rent or lease the dwelling accommodations 
therein only at rentals
within the financial reach of persons 
who lack the amount of income which
it determines (pursuant to 
(a) of this Section) to be necessary in order to
obtain safe, 
sanitary and uncongested dwelling accommodations within the

area of operation of the Authority and to provide an adequate 
standard of
living.

    (c) It may rent or lease to a tenant a dwelling consisting 
of the
number of rooms (but no greater number) which it deems 
necessary to provide
safe and sanitary accommodations to the 
proposed occupants thereof, without
overcrowding.

    (d) It shall not change the residency preference of any 
prospective
tenant once the application has been accepted by 
the authority.

    (e) It may refuse to certify or recertify applicants, 
current tenants, or
other household members
renew the tenancy 
of
any person if, after due notice
and an impartial hearing, 
that person or any of the proposed occupants of
the dwelling 
has, prior to or during a term of tenancy or occupancy in any

housing
project operated by an Authority, been convicted of a 
criminal offense
relating to the sale or distribution of 
controlled
substances under the
laws of this State, the United 
States or any other state.
If an Authority desires a criminal 
history records check of all 50 states
or a 50-state 
confirmation of a conviction record, the Authority shall submit

the fingerprints of the relevant applicant, tenant, or other 
household member
to the Department of State Police in a manner 
prescribed by the Department of
State Police.
Confirmation of 
conviction data shall be determined by a
fingerprint based

criminal history records check.
In such cases, the tenant or

proposed occupant to whom the disqualifying conviction record 
belongs shall
have his or her fingerprints submitted to the 
Department of State Police in the
form and manner prescribed by 
the Department of State Police. These
fingerprints shall be 
checked against the fingerprint records now and hereafter
filed 
in the
Department of State Police and
Federal Bureau of 
Investigation criminal history records databases.
The 
Department of State Police shall charge a fee
for conducting 
the criminal history records check, which shall be deposited in

the State Police Services Fund and shall not exceed the actual 
cost of the
records check.  The Department of State Police shall 
furnish pursuant to
positive identification, records of 
conviction to the Authority.

    (f) It may, if a tenant has created or maintained a threat

constituting a serious and clear danger to the health or safety 
of other
tenants or Authority employees, after 3 days' written 
notice
of termination and without a hearing, file suit against 
any such tenant for
recovery of possession of the premises.  The 
tenant shall be given the
opportunity to contest the 
termination in the court proceedings.  A serious
and clear 
danger to the health or safety of other tenants or Authority

employees shall include, but not be limited to, any of the 
following
activities of the tenant or of any other person on 
the premises with the
consent of the tenant:


        (1) Physical assault or the threat of physical assault.


        (2) Illegal use of a firearm or other weapon or the 
    threat to use in
an illegal manner a firearm or other 
    weapon.


        (3) Possession of a controlled substance by the tenant 
    or any other person
on the premises with the consent of the 
    tenant if the tenant knew or should
have known of the 
    possession by the other person of a controlled
substance, 
    unless the controlled substance was obtained
directly from 
    or pursuant to a valid prescription.


        (4) Streetgang membership as defined in the Illinois

    Streetgang Terrorism Omnibus Prevention Act.

    The management of low-rent public housing projects 
financed and developed
under the U.S. Housing Act of 1937 shall

be in accordance with that Act.

    Nothing contained in this Section or any other Section of 
this Act shall
be construed as limiting the power of an 
Authority to vest in a bondholder
or trustee the right, in the 
event of a default by the Authority, to take
possession and 
operate a housing project or cause the appointment of a

receiver thereof, free from all restrictions imposed by this 
Section or any
other Section of this Act.

(Source: P.A. 93-418, eff. 1-1-04.)



 
    Section 99. Effective date.  This Act takes effect upon 
becoming law.





Effective Date:  7/15/2004