Section 395.305  Initial Pleadings by Affordable Housing Developers

Affordable Housing Developers must submit written Initial Pleadings to the Board and must serve written Initial Pleadings on the Approving Authority and all other parties within 45 Days after the final action or decision of an Approving Authority to deny an application for an Affordable Housing Development.  In the case of Local Governments that are determined by IHDA to be a Non-Exempt Local Government for the first time after August 9, 2013, no Affordable Housing Developer shall appeal to the Board until 60 months after the Local Government has been notified of its non-exempt status.  An Initial Pleading may be submitted in paper form or on compact disc.  An Initial Pleading shall contain 3 copies of the following:

a)         a clear and concise statement of the prior proceedings before all Approving Authorities, including the date of notice of the decision the Affordable Housing Developer is appealing; 

b)         a clear and concise statement of the Affordable Housing Developer's objections to the Approving Authority's decision, indicating why the Affordable Housing Developer believes the application to develop Affordable Housing was unfairly denied, which may include an appeal of IHDA's determination of the exempt status of the Local Government as set forth in Section 395.401, or what conditions, if any, were imposed that the Affordable Housing Developer believes were unreasonable;

c)         a clear and concise statement setting forth the relief sought;

d)        the complete name and address of the Affordable Housing Developer for the purpose of service of papers in connection with the appeal;

e)         the name and address of the attorney or attorneys representing the Affordable Housing Developer, if any; and

f)         a complete copy of the application for the Affordable Housing Development, as it was submitted to the Approving Authority, including sufficient information to determine whether the proposal that is the subject of the appeal is Affordable Housing.

(Source:  Amended at 38 Ill. Reg. 3596, effective January 21, 2014)