Public Act 90-0114 of the 90th General Assembly
Public Act 90-0114
HB0982 Enrolled LRB9004493KDsb
AN ACT to amend the Property Tax Code by changing
Sections 10-40, 10-60, and 10-80.
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 changing
Sections 10-40, 10-60, and 10-80 as follows:
(35 ILCS 200/10-40)
Sec. 10-40. Historic residences; definitions. As used
in this Section and Sections 10-45 through 10-85:
(a) "Director" means the Director of Historic
Preservation.
(b) "Approved county or municipal landmark ordinance"
means a county or municipal ordinance approved by the
Director.
(c) "Historic building" means an owner-occupied single
family residence or an owner-occupied multi-family residence
and the tract, lot or parcel upon which it is located, or a
building or buildings owned and operated as a cooperative,
if:
(1) individually listed on the National Register of
Historic Places or the Illinois Register of Historic
Places;
(2) individually designated pursuant to an approved
county or municipal landmark ordinance; or
(3) within a district listed on the National
Register of Historic Places or designated pursuant to an
approved county or municipal landmark ordinance, if the
Director determines that the building is of historic
significance to the district in which it is located.
Historic building does not mean an individual unit of a
cooperative.
(d) "Assessment officer" means the chief county
assessment officer.
(e) "Certificate of rehabilitation" means the
certificate issued by the Director upon the renovation,
restoration, preservation or rehabilitation of an historic
building under this Code.
(f) "Rehabilitation period" means the period of time
necessary to renovate, restore, preserve or rehabilitate an
historic building as determined by the Director.
(g) "Standards for rehabilitation" means the Secretary
of Interior's standards for rehabilitation as promulgated by
the U.S. Department of the Interior.
(h) "Fair cash value" means the fair cash value of the
historic building determined on the basis of the assessment
officer's property record card.
(i) "Base year valuation" means the fair cash value of
the historic building for the year in which the
rehabilitation period begins.
(j) "Adjustment in value" means the difference for any
year between the then current fair cash value and the base
year valuation.
(k) "Eight-year valuation period" means the 8 years from
the date of the issuance of the certificate of
rehabilitation.
(l) "Adjustment valuation period" means the 4 years
following the 8 year valuation period.
(m) "Substantial rehabilitation" means interior or
exterior rehabilitation work that preserves the historic
building in a manner that significantly improves its
condition.
(n) "Approved local government" means a local government
that has been certified by the Director as:
(1) enforcing appropriate legislation for the
designation of historic buildings;
(2) having established an adequate and qualified
historic review commission;
(3) maintaining a system for the survey and
inventory of historic properties;
(4) providing for adequate public participation in
the local historic preservation program; and
(5) maintaining a system for reviewing applications
under this Section in accordance with rules and
regulations promulgated by the Director.
(o) "Cooperative" means a building or buildings and the
tract, lot, or parcel on which the building or buildings are
located, if the building or buildings are devoted to
residential uses by the owners and fee title to the land and
building or buildings is owned by a corporation or other
legal entity in which the shareholders or other co-owners
each also have a long-term proprietary lease or other
long-term arrangement of exclusive possession for a specific
unit of occupancy space located within the same building or
buildings.
(p) "Owner", in the case of a cooperative, means the
Association.
(q) "Association", in the case of a cooperative, means
the entity responsible for the administration of a
cooperative, which entity may be incorporated or
unincorporated, profit or nonprofit.
(r) "Owner-occupied single family residence" means a
residence in which the title holder of record (i) holds fee
simple ownership and (ii) occupies the property as his, her,
or their principal residence.
(s) "Owner-occupied multi-family residence" means
residential property comprised of not more than 6 living
units in which the title holder of record (i) holds fee
simple ownership and (ii) occupies one unit as his, her, or
their principal residence. The remaining units may be
leased.
(Source: P.A. 88-455; 89-675, eff. 8-14-96.)
(35 ILCS 200/10-60)
Sec. 10-60. Certificate of status. It is the duty of
the titleholder of record or the owner of the beneficial
interest of any historic building which has been issued a
certificate of rehabilitation, to file with the chief county
assessment officer, on or before January 31 of each year, an
affidavit stating whether there has been any change in the
ownership or use of such property, the status of the
owner-occupant, or, in the case of a cooperative, whether
there has been a change in the use of the property or a
change in the cooperative form of ownership. If there has
been such a change, the nature of this change shall be
stated. Failure to file such an affidavit shall, in the
discretion of the chief county assessment officer, constitute
cause to revoke the certificate of rehabilitation. The chief
county assessment officer shall furnish to the owner a form
for the affidavit wherein the owner may state whether there
has been any change in the ownership or use of the property
or the status of the owner. If the chief county assessment
officer determines that the historic building is no longer
used as an owner-occupied single family residence or an
owner-occupied multi-family residence, or that there has been
a sale or transfer for value of the historic building other
than to the first owner-occupant after the issuance of a
certificate of rehabilitation, or that the historic building
no longer meets the definition of a cooperative, he or she
shall revoke the certificate by written notice to the
taxpayer of record, and shall send a copy of that notice to
the Department.
(Source: P.A. 88-455; 89-675, eff. 8-14-96.)
(35 ILCS 200/10-80)
Sec. 10-80. Rules and regulations. The Director may
promulgate rules and regulations as may be necessary to
administer this Code, including but not limited to provisions
that:
(1) Preclude the issuance of a certificate of
rehabilitation for any owner-occupied single family
residence, owner-occupied multi-family residence, or
cooperative where 30% or more of the dwelling space is
new construction outside the existing structure.
(2) Specify what costs are eligible to meet the 25%
minimum specified under subsection (b) of Section 10-55,
and make ineligible those costs attributable to new
construction outside the existing structure.
These regulations shall not preclude the issuance of a
certificate of rehabilitation for a condominium.
(Source: P.A. 88-455; 89-675, eff. 8-14-96.)