State of Illinois
91^st General Assembly
Public Acts

Public Act 91-0807

HB3485 Enrolled                                LRB9111620STsb

    AN ACT to amend the Abandoned Housing Rehabilitation Act.

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

    Section  5.   The Abandoned Housing Rehabilitation Act is
amended by changing Sections 2 and 3 as follows:

    (310 ILCS 50/2) (from Ch. 67 1/2, par. 852)
    Sec. 2.  Definitions.  As used in this Act:
    (a)  "Property" means any  residential  real  estate  for
which  taxes  are  delinquent  for  the preceding 2 years and
which has been continuously unoccupied by persons legally  in
possession for the preceding 1 year.
    (b)  "Nuisance"  means  any property which because of its
physical condition or  use  is  a  public  nuisance,  or  any
property  which constitutes a blight on the surrounding area,
or any property which is not fit for human  habitation  under
the  applicable  fire, building and housing codes. "Nuisance"
also  means  any  property  on  which  any  illegal  activity
involving controlled substances (as defined in  the  Illinois
Controlled  Substances  Act)  or  cannabis (as defined in the
Cannabis Control Act) takes place or any  property  on  which
any  streetgang-related  activity (as defined in the Illinois
Streetgang Terrorism Omnibus Prevention Act) takes place.
    (c)  "Organization"  means  any   Illinois   corporation,
agency,   partnership,  association,  firm  or  other  entity
consisting of 2 or more persons organized and conducted on  a
not-for-profit  basis  with  no  personal  profit  inuring to
anyone as a result of  its  operation  which  has  among  its
purposes the improvement of housing.
    (d)  "Parties  in  interest" means any owner or owners of
record, judgment  creditor,  tax  purchaser  or  other  party
having  any  legal  or  equitable  title  or  interest in the



property.
    (e)  "Last known address" includes the address where  the
property  is  located,  or  the  address as listed in the tax
records or as listed pursuant  to  any  owner's  registration
ordinance duly adopted by a home rule unit of government.
    (f)  "Low  or  moderate income housing" means housing for
persons and families with low or moderate  incomes,  provided
that the income limits for such persons and families shall be
the same as those established by rule by the Illinois Housing
Development  Authority  in  accordance with subsection (g) of
Section  2  of  the  Illinois  Housing  Development  Act,  as
amended.
    (g)  "Rehabilitation" means the process of improving  the
property, including but not limited to bringing property into
compliance with applicable fire, housing and building codes.
(Source: P.A. 91-357, eff. 7-29-99.)

    (310 ILCS 50/3) (from Ch. 67 1/2, par. 853)
    Sec.   3.  Petition   for   temporary   possession.    An
organization   may   petition  for  temporary  possession  of
property if:
         (a)  the property has been tax  delinquent  for  the
    preceding 2 years and has been continuously unoccupied by
    persons legally in possession for the preceding year;
         (b)  the property is a nuisance;
         (c)  the  organization  intends  to rehabilitate the
    property and use the property  as  housing  for  low  and
    moderate income persons and families; and
         (d)  the organization has sent notice to the parties
    in  interest  of the property, by certified or registered
    mail, mailed to their last known address  and  posted  on
    the  property  at least 30 days but not more than 60 days
    before  the  date  the  petition   is   filed,   of   the
    organization's  intent  to file a petition for possession

    under this Act.
(Source: P.A. 91-357, eff. 7-29-99.)