Public Act 90-0767 of the 90th General Assembly

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Public Act 90-0767

HB3575 Enrolled                                LRB9010916KDks

    AN ACT to amend the Property Tax Code by  adding  Section
18-177.

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

    Section 5.  The Property Tax Code is  amended  by  adding
Section 18-177 as follows:

    (35 ILCS 200/18-177 new)
    Sec.   18-177.   Leased  low-rent  housing abatement.  In
counties of 3,000,000 or more inhabitants, the  county  clerk
shall  abate  property  taxes  levied  by any taxing district
under this Code on property situated in a  municipality  with
1,000,000  or  more  inhabitants  and  improved with either a
multifamily  dwelling   or   a   multi-building   development
consisting  of 6 units or more that is leased for a period of
not less than 20 years to a housing authority  created  under
the  Housing  Authorities  Act;  but only if the property and
improvements, or the property and improvements for which  the
abatement is sought, are used solely for low-rent housing and
related  uses  by  the  housing  authority as prescribed in a
written lease agreement.  Property and portions  of  property
used  or  intended to be used for commercial purposes are not
eligible for the abatement provided  in  this  Section.   The
housing  authority  shall file annually with the county clerk
for  any  property  eligible  for  an  abatement  under  this
Section,  on  a  form  prescribed  by  the  county  clerk,  a
certificate of the  property's  use  during  the  immediately
preceding  year.  The  certificate  shall  certify  that  the
property  or a portion of the property meets the requirements
of this Section and that the eligible residential units  have
been inspected within the previous 60 days and meet or exceed
all  housing  quality  standards of the authority.  If only a
portion  of  the  property  meets  these  requirements,   the
certificate  shall  state  the  amount  of  that portion as a
percentage of the total equalized and assessed value  of  the
property.   If  the  property  is  improved  with an eligible
multifamily dwelling or multi-building development containing
residential units that are  individually  assessed,  no  more
than  one-third  of those residential units may be certified.
If the property is  improved  with  an  eligible  multifamily
dwelling or multi-building development containing residential
units  that are not individually assessed, the portion of the
property certified shall represent no more than one-third  of
those  residential  units.   The county clerk shall abate the
taxes only if a certificate of use has been timely filed  for
that  year.   If  only  a  portion  of  the property has been
certified as eligible, the county clerk shall abate the taxes
in the percentage so certified.  Whenever a housing authority
is the lessee of property that is eligible for  an  abatement
under  this  Section,  the lease shall reflect a reduction in
payments due under the lease from the  housing  authority  in
the  full  amount  of  the  abatement.   No property shall be
eligible for abatement under this Section if the owner of the
property  has  any  outstanding  and  overdue  debts  to  the
municipality in which the property is situated.

    Section 99.   Effective  date.   This  Act  takes  effect
January 1, 1999.

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