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| Public Act 098-0287 | ||||
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AN ACT concerning housing.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Affordable Housing Planning and Appeal Act | ||||
is amended by changing Sections 15, 20, 25, 30, and 50 as | ||||
follows:
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(310 ILCS 67/15)
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Sec. 15. Definitions. As used in this Act:
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"Affordable housing" means housing that has a value or cost | ||||
sales price or rental amount
that is within the means of a | ||||
household that may occupy moderate-income or
low-income
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housing. In the case of owner-occupied dwelling units for sale,
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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
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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.
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"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.
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"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 for-sale housing, and
at least 30 years, | ||
in the case of rental housing.
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"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.
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"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.
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"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.
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"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 pursuant to Section 20 of this Act; or
any | ||
municipality under 1,000 population.
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"Household" means the person or persons occupying a | ||
dwelling unit.
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"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.
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"Local government" means a county or municipality.
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"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.
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"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.
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"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.
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(Source: P.A. 93-595, eff. 1-1-04; 93-678, eff. 6-28-04; | ||
94-303, eff. 7-21-05.)
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(310 ILCS 67/20)
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Sec. 20. Determination of exempt local governments.
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(a) Beginning October 1, 2004, the Illinois Housing | ||
Development Authority
shall determine which local governments | ||
are exempt and not exempt from the
operation of this
Act based | ||
on an identification of the total number of year-round housing | ||
units
in the most
recent data from the U.S. Census Bureau | ||
decennial census for each local government within the State and | ||
by an
inventory of owner-occupied for-sale and rental | ||
affordable housing units, as defined in this
Act, for each | ||
local government from the U.S. Census Bureau decennial census | ||
and other relevant
sources.
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(b) The Illinois Housing Development Authority shall make | ||
this determination
by:
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(i) totaling the number of owner-occupied for-sale | ||
housing units in each local government
that are affordable | ||
to households with a gross household income that is less
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than 80% of the median household income within the county | ||
or primary
metropolitan statistical area;
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(ii) totaling the number of rental units in each local | ||
government that are
affordable to households with a gross | ||
household income that is less than 60% of
the median | ||
household income within the county or primary metropolitan
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statistical
area;
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(iii) adding the number of owner-occupied for-sale and | ||
rental units for each local
government from items (i) and | ||
(ii); and
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(iv) dividing the sum of (iii) above by the total | ||
number of year-round
housing units in the local government | ||
as contained in the latest U.S. Census Bureau decennial
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census and multiplying the result by 100 to determine the | ||
percentage of
affordable housing units within the | ||
jurisdiction of the local government.
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(c) Beginning on the effective date of this amendatory Act | ||
of the 98th General Assembly October 1, 2004, the Illinois | ||
Housing Development Authority
shall publish on an annual basis | ||
a list of exempt and non-exempt local
governments and the data | ||
that it
used to calculate its determination at least once every | ||
5 years. The data shall be shown for each local
government in | ||
the State and for the State as a whole. Upon publishing a list | ||
of exempt and non-exempt local governments, the Illinois | ||
Housing Development Authority shall notify a local government | ||
that it is not exempt from the operation of this Act and | ||
provide to it the data used to calculate its determination.
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(d) A local government or developer of affordable housing | ||
may appeal the
determination of the Illinois Housing | ||
Development Authority as to whether the
local government is | ||
exempt or non-exempt under this Act in connection with an
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appeal
under Section 30 of this Act.
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(Source: P.A. 93-595, eff. 1-1-04; 93-678, eff. 6-28-04.)
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(310 ILCS 67/25)
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Sec. 25. Affordable housing plan.
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(a) Prior to April 1, 2005, all non-exempt local | ||
governments must approve an
affordable housing plan. Any local | ||
government that is determined by the Illinois Housing | ||
Development Authority under Section 20 to be non-exempt for the | ||
first time based on the recalculation of U.S. Census Bureau | ||
decennial census data after 2010 shall have 18 months from the | ||
date of notification of its non-exempt status to approve an | ||
affordable housing plan under this Act.
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(b) For the purposes of this Act, the affordable housing | ||
plan shall consist
of at least the following:
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(i) a statement of the total number of affordable | ||
housing units that are
necessary to exempt the local | ||
government from the operation of this Act as
defined in | ||
Section 15 and Section 20;
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(ii) an identification of lands within the | ||
jurisdiction that are most
appropriate for the | ||
construction of affordable housing and of existing
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structures most appropriate for conversion to, or | ||
rehabilitation for,
affordable housing,
including a | ||
consideration of lands and structures of developers who | ||
have
expressed a commitment to provide affordable housing | ||
and lands and structures
that are publicly or semi-publicly | ||
owned;
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(iii) incentives that local governments may provide | ||
for the purpose of
attracting affordable housing to their | ||
jurisdiction; and
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(iv) a goal of a minimum of 15% of all new development | ||
or
redevelopment within the local government that would be | ||
defined as affordable
housing in this Act; or a minimum of | ||
a 3 percentage point increase in the
overall percentage of | ||
affordable housing within its jurisdiction, as
described | ||
in subsection (b) of Section 20 of this Act; or a minimum | ||
of a total of 10% affordable
housing
within its | ||
jurisdiction as described in subsection (b) of Section 20 | ||
of this Act. These goals may be met, in whole or in part, | ||
through the creation of affordable housing units under | ||
intergovernmental agreements as described in subsection | ||
(e) of this Section.
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(c) Within 60 days after the adoption of an affordable | ||
housing plan or
revisions to its affordable housing plan, the | ||
local government must submit a
copy of that plan to the | ||
Illinois Housing Development Authority.
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(d) In order to promote the goals of this Act and to | ||
maximize the creation, establishment, or preservation of | ||
affordable housing throughout the State of Illinois, a local | ||
government, whether exempt or non-exempt under this Act, may | ||
adopt the following measures to address the need for affordable | ||
housing: | ||
(1) Local governments may individually or jointly | ||
create or participate in a housing trust fund or otherwise | ||
provide funding or support for the purpose of supporting | ||
affordable housing, including, without limitation, to | ||
support the following affordable housing activities: | ||
(A) Housing production, including, without | ||
limitation, new construction, rehabilitation, and | ||
adaptive re-use. | ||
(B) Acquisition, including, without limitation, | ||
land, single-family homes, multi-unit buildings, and | ||
other existing structures that may be used in whole or | ||
in part for residential use. | ||
(C) Rental payment assistance. | ||
(D) Home-ownership purchase assistance. | ||
(E) Preservation of existing affordable housing. | ||
(F) Weatherization. | ||
(G) Emergency repairs. | ||
(H) Housing related support services, including | ||
homeownership education and financial counseling. | ||
(I) Grants or loans to not-for-profit | ||
organizations engaged in addressing the affordable | ||
housing needs of low-income and moderate-income | ||
households. | ||
Local governments may authorize housing trust funds to | ||
accept and utilize funds, property, and other resources | ||
from all proper and lawful public and private sources so | ||
long as those funds are used solely for addressing the | ||
affordable housing needs of individuals or households that | ||
may occupy low-income or moderate-income housing. | ||
(2) A local government may create a community land | ||
trust, which may: acquire developed or undeveloped | ||
interests in real property and hold them for affordable | ||
housing purposes; convey such interests under long-term | ||
leases, including ground leases; convey such interests for | ||
affordable housing purposes; and retain an option to | ||
reacquire any such real property interests at a price | ||
determined by a formula ensuring that such interests may be | ||
utilized for affordable housing purposes. | ||
(3) A local government may use its zoning powers to | ||
require the creation and preservation of affordable | ||
housing as authorized under Section 5-12001 of the Counties | ||
Code and Section 11-13-1 of the Illinois Municipal Code. | ||
(4) A local government may accept donations of money or | ||
land for the purpose of addressing the affordable housing | ||
needs of individuals or households that may occupy | ||
low-income or moderate-income housing. These donations may | ||
include, without limitation, donations of money or land | ||
from persons in lieu of building affordable housing. | ||
(e) In order to encourage regional cooperation and the | ||
maximum creation of affordable housing in areas lacking such | ||
housing in the State of Illinois, any non-exempt local | ||
government may enter into intergovernmental agreements under | ||
subsection (e) of Section 25 with local governments within 10 | ||
miles of its corporate boundaries in order to create affordable | ||
housing units to meet the goals of this Act. A non-exempt local | ||
government may not enter into an intergovernmental agreement, | ||
however, with any local government that contains more than 25% | ||
affordable housing as determined under Section 20 of this Act. | ||
All intergovernmental agreements entered into to create | ||
affordable housing units to meet the goals of this Act must | ||
also specify the basis for determining how many of the | ||
affordable housing units created will be credited to each local | ||
government participating in the agreement for purposes of | ||
complying with this Act. All intergovernmental agreements | ||
entered into to create affordable housing units to meet the | ||
goals of this Act must also specify the anticipated number of | ||
newly created affordable housing units that are to be credited | ||
to each local government participating in the agreement for | ||
purposes of complying with this Act. In specifying how many | ||
affordable housing units will be credited to each local | ||
government, the same affordable housing unit may not be counted | ||
by more than one local government.
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(Source: P.A. 93-595, eff. 1-1-04; 93-678, eff. 6-28-04; | ||
94-303, eff. 7-21-05.)
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(310 ILCS 67/30)
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Sec. 30. Appeal to State Housing Appeals Board.
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(a) (Blank).
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(b) Beginning January 1, 2009, an affordable housing | ||
developer whose
application is either denied or approved with | ||
conditions that in his or her
judgment render the
provision of | ||
affordable housing infeasible may, within 45 days after the
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decision, appeal to the State Housing Appeals Board challenging | ||
that decision
unless the municipality or county that rendered | ||
the decision is exempt under
Section 15 of this Act. The | ||
developer must submit information regarding why the
developer | ||
believes he or she was unfairly denied or unreasonable | ||
conditions
were placed upon the tentative approval of the | ||
development. In the case of local governments that are | ||
determined by the Illinois Housing Development Authority under | ||
Section 20 to be non-exempt for the first time based on the | ||
recalculation of U.S. Census Bureau decennial census data after | ||
the effective date of this amendatory Act of the 98th General | ||
Assembly 2010, no developer may appeal to the State Housing | ||
Appeals Board until 60 months after a local government has been | ||
notified of its non-exempt status.
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(c) Beginning on the effective date of this amendatory Act | ||
of the 98th General Assembly January 1, 2009, the Board shall, | ||
whenever possible, render a decision on the
appeal within 120 | ||
days after the appeal is filed. The Board may extend the time
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by which it will render a decision where circumstances outside
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the Board's control make it infeasible for the Board to render
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a decision within 120 days.
In any proceeding before the Board, | ||
the affordable housing developer
bears the burden of | ||
demonstrating that the proposed affordable housing development | ||
(i) has been unfairly denied or (ii) has had
unreasonable | ||
conditions
placed upon it by the decision of the local | ||
government.
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(d) The Board shall dismiss any appeal if:
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(i) the local government has adopted an affordable | ||
housing plan as defined
in Section 25 of this Act and | ||
submitted that plan to the Illinois Housing
Development | ||
Authority within the time frame required by this Act; and
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(ii) the local government has implemented its | ||
affordable housing plan
and has met its goal as established | ||
in its affordable housing plan as
defined in Section 25 of | ||
this Act.
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(e) The Board shall dismiss any appeal if the reason for | ||
denying the
application or placing
conditions upon the approval | ||
is a non-appealable local government
requirement
under Section | ||
15 of this Act.
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(f) The Board may affirm, reverse, or modify the conditions | ||
of, or add
conditions to, a decision made by the approving | ||
authority. The decision of the
Board constitutes an order | ||
directed to the approving authority and is binding
on the local | ||
government.
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(g) The appellate court has the exclusive jurisdiction to | ||
review decisions
of the Board. Any appeal to the Appellate | ||
Court of a final ruling by the State Housing Appeals Board may | ||
be heard only in the Appellate Court for the District in which | ||
the local government involved in the appeal is located.
The | ||
appellate court shall apply the "clearly erroneous" standard | ||
when reviewing such appeals. An appeal of a final ruling of the | ||
Board shall be filed within 35 days after the
Board's decision | ||
and in all respects shall be in accordance with Section 3-113 | ||
of the Code of Civil Procedure.
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(Source: P.A. 93-595, eff. 1-1-04; 94-303, eff. 7-21-05.)
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(310 ILCS 67/50)
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Sec. 50. Housing Appeals Board.
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(a) Prior to January 1, 2008, a Housing Appeals Board shall | ||
be created
consisting of 7 members appointed by the Governor as | ||
follows:
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(1) a retired circuit judge or retired appellate judge, | ||
who shall act as
chairperson;
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(2) a zoning board of appeals member;
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(3) a planning board member;
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(4) a mayor or municipal council or board member;
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(5) a county board member;
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(6) an affordable housing developer; and
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(7) an affordable housing advocate.
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In addition, the Chairman of the Illinois Housing | ||
Development Authority, ex
officio, shall serve as a non-voting | ||
member.
No more than 4 of the appointed members may be from the | ||
same political party.
Appointments under items (2), (3), and | ||
(4) shall be from local governments that
are not exempt under | ||
this Act.
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(b) Initial terms of 4 members designated by the Governor | ||
shall be for 2
years. Initial terms of 3 members designated by | ||
the Governor shall be for one
year. Thereafter, members shall | ||
be appointed for terms of 2 years. After a member's term | ||
expires, the member shall continue to serve until a successor | ||
is appointed. There shall be no limit to the number of terms an | ||
appointee may serve. A member
shall receive no
compensation for | ||
his or her services, but shall be reimbursed by the State for
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all reasonable expenses actually and necessarily incurred in | ||
the performance of
his or her
official duties. The board shall | ||
hear all petitions for review filed under this
Act and shall | ||
conduct all hearings in accordance with the rules and | ||
regulations
established by the chairperson. The Illinois | ||
Housing Development Authority
shall provide space and
clerical | ||
and other assistance that the Board may require.
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(c) (Blank).
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(Source: P.A. 93-595, eff. 1-1-04; 94-303, eff. 7-21-05.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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