Public Act 097-0246
 
HB1110 EnrolledLRB097 07689 KTG 47800 b



    AN ACT concerning housing.

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



 
    Section 5. The Housing Authorities Act is amended  by 
changing Sections 8.21 and 8.22 as follows:
 



    (310 ILCS 10/8.21)  (from Ch. 67 1/2, par. 8.21)



    Sec. 8.21. 
In determining the income of tenants for the 
purpose of
determining rent, the Housing Authority shall comply 
with all federal
housing statutes and regulations of the U.S. 
Department of Housing and
Urban Development.

    Exemptions to federal, State, or local requirements may be 
granted to a Housing Authority in the form of Waivers, 
Exclusions, Public Notices, Executive Orders, or Moving to Work 
Agreements approved by the U.S. Department of Housing and Urban 
Development. 
(Source: P.A. 86-789; 87-200.)

 



    (310 ILCS 10/8.22)



    Sec. 8.22. Determination of income. 

    (a) Exclusions from income. In determining the income of a 
tenant for the
purpose of determining rent, the Housing 
Authority shall exclude the following
as provided in subsection 
(b):


        (i) The amount of any income received by the tenant as 
    a result of
anti-drug, anti-crime, and related security 
    initiatives conducted by the
Housing Authority.  Any 
    activities or income excluded under this subdivision
(i) 
    must first be certified by the Housing Authority.


        (ii) Any income earned by a tenant during the first 12 
    months of
employment which follow a period of unemployment 
    of 12 or
more consecutive months if:


            (A) a period of unemployment of 12 or more 
        consecutive months or the
income received within the 12 
        months prior to employment is less than 10 hours
of 
        work per week at the established minimum wage; or


            (B) the income earned during those 12 months is 
        received as a result of
the tenant's participation in 
        any economic self-sufficiency or other job
training 
        program; or


            (C) the income earned during those 12 months is 
        earned by a tenant due
to new employment or increased 
        earnings, during or within 6 months after
receiving 
        assistance under a State program for temporary 
        assistance for needy
families funded under Part A of 
        Title IV of the Social Security Act (42 U.S.C.
601 and 
        following), provided that the total amount of earned 
        income received by
the tenant within the previous 6 
        months was at least $500.

    (b) Procedure for excluding income.


        (i) Initial 12-month exclusion. Beginning on the first 
    date the tenant is
employed or the first date the tenant's 
    family experiences an increase in
annual income as 
    determined under subdivision (a)(ii) of this Section, the

    Housing Authority must exclude the increase in annual 
    income for each month in
which the increase is received, 
    but not for more than 12 months.


        (ii) Second 12-month exclusion and phase-out. After 
    the initial 12-month
exclusion period under subdivision 
    (b)(i) of this Section, the Housing
Authority
must exclude, 
    for each month in which the increase in income is received, 
    but
not for more than 12 months, 50% of the increase in the 
    annual
income that is received due to the tenant's 
    employment or the tenant's family
experiencing an increase 
    in annual income under subdivision (a)(ii).


        (iii) Maximum 48-month period for exclusions. The 
    exclusion of increases
in income of an individual family 
    member as provided in subdivision (b)(i) or
(b)(ii) of this 
    Section is limited to a lifetime 48-month period. The 
    exclusion
applies for a maximum of 12 months for the 
    exclusion under subdivision (b)(i)
and a maximum of 12 
    months for the exclusion under subdivision (b)(ii), during

    the 48-month period starting with the beginning of the 
    initial exclusion period
under subdivision (b)(i), which 
    immediately follows 12 or more
months of unemployment.

    (c) Inapplicability of income exclusions to admission 
process. The exclusion
of increases in income as a result of 
employment under this Section for the
purpose of determining 
rent does not apply for purposes of determining
eligibility for 
admission to the program (including determinations of income

eligibility and income targeting).

    (d) Inapplicability of income exclusions to the HOME 
Investment Partnership Program, Housing Opportunities for 
Persons with AIDS, the Supportive Housing Program, and the 
Housing Choice Voucher Program. The exclusion of increases in 
income as a result of employment as provided under subsections 
(a) and (b) of this Section is not applicable to the following 
programs: the HOME Investment Partnership Program, Housing 
Opportunities for Persons with AIDS, the Supportive Housing 
Program, and the Housing Choice Voucher Program, except for a 
tenant family member who is a person with disabilities as 
defined in 42 U.S.C. 423. 
(Source: P.A. 93-242, eff. 7-22-03.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.