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Public Act 097-0246
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| HB1110 Enrolled | LRB097 07689 KTG 47800 b |
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AN ACT concerning housing.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Housing Authorities Act is amended by |
changing Sections 8.21 and 8.22 as follows:
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(310 ILCS 10/8.21) (from Ch. 67 1/2, par. 8.21)
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Sec. 8.21.
In determining the income of tenants for the |
purpose of
determining rent, the Housing Authority shall comply |
with all federal
housing statutes and regulations of the U.S. |
Department of Housing and
Urban Development.
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Exemptions to federal, State, or local requirements may be |
granted to a Housing Authority in the form of Waivers, |
Exclusions, Public Notices, Executive Orders, or Moving to Work |
Agreements approved by the U.S. Department of Housing and Urban |
Development. |
(Source: P.A. 86-789; 87-200.)
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(310 ILCS 10/8.22)
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Sec. 8.22. Determination of income.
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(a) Exclusions from income. In determining the income of a |
tenant for the
purpose of determining rent, the Housing |
Authority shall exclude the following
as provided in subsection |
(b):
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(i) The amount of any income received by the tenant as |
a result of
anti-drug, anti-crime, and related security |
initiatives conducted by the
Housing Authority. Any |
activities or income excluded under this subdivision
(i) |
must first be certified by the Housing Authority.
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(ii) Any income earned by a tenant during the first 12 |
months of
employment which follow a period of unemployment |
of 12 or
more consecutive months if:
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(A) a period of unemployment of 12 or more |
consecutive months or the
income received within the 12 |
months prior to employment is less than 10 hours
of |
work per week at the established minimum wage; or
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(B) the income earned during those 12 months is |
received as a result of
the tenant's participation in |
any economic self-sufficiency or other job
training |
program; or
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(C) the income earned during those 12 months is |
earned by a tenant due
to new employment or increased |
earnings, during or within 6 months after
receiving |
assistance under a State program for temporary |
assistance for needy
families funded under Part A of |
Title IV of the Social Security Act (42 U.S.C.
601 and |
following), provided that the total amount of earned |
income received by
the tenant within the previous 6 |
months was at least $500.
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(b) Procedure for excluding income.
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(i) Initial 12-month exclusion. Beginning on the first |
date the tenant is
employed or the first date the tenant's |
family experiences an increase in
annual income as |
determined under subdivision (a)(ii) of this Section, the
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Housing Authority must exclude the increase in annual |
income for each month in
which the increase is received, |
but not for more than 12 months.
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(ii) Second 12-month exclusion and phase-out. After |
the initial 12-month
exclusion period under subdivision |
(b)(i) of this Section, the Housing
Authority
must exclude, |
for each month in which the increase in income is received, |
but
not for more than 12 months, 50% of the increase in the |
annual
income that is received due to the tenant's |
employment or the tenant's family
experiencing an increase |
in annual income under subdivision (a)(ii).
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(iii) Maximum 48-month period for exclusions. The |
exclusion of increases
in income of an individual family |
member as provided in subdivision (b)(i) or
(b)(ii) of this |
Section is limited to a lifetime 48-month period. The |
exclusion
applies for a maximum of 12 months for the |
exclusion under subdivision (b)(i)
and a maximum of 12 |
months for the exclusion under subdivision (b)(ii), during
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the 48-month period starting with the beginning of the |
initial exclusion period
under subdivision (b)(i), which |
immediately follows 12 or more
months of unemployment.
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(c) Inapplicability of income exclusions to admission |
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process. The exclusion
of increases in income as a result of |
employment under this Section for the
purpose of determining |
rent does not apply for purposes of determining
eligibility for |
admission to the program (including determinations of income
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eligibility and income targeting).
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(d) Inapplicability of income exclusions to the HOME |
Investment Partnership Program, Housing Opportunities for |
Persons with AIDS, the Supportive Housing Program, and the |
Housing Choice Voucher Program. The exclusion of increases in |
income as a result of employment as provided under subsections |
(a) and (b) of this Section is not applicable to the following |
programs: the HOME Investment Partnership Program, Housing |
Opportunities for Persons with AIDS, the Supportive Housing |
Program, and the Housing Choice Voucher Program, except for a |
tenant family member who is a person with disabilities as |
defined in 42 U.S.C. 423. |
(Source: P.A. 93-242, eff. 7-22-03.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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