HB2545 104TH GENERAL ASSEMBLY

LRB104 11927 KTG 22020 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB2545

Introduced 2/4/2025, by Rep. Will Guzzardi

SYNOPSIS AS INTRODUCED:

310 ILCS 67/30

Amends the Affordable Housing Planning and Appeals Act. Permits the following persons to appeal a municipality's denial of a proposed supportive housing project, including a project to develop a permanent supportive housing apartment building or community integrated-living arrangement, for low-income persons with disabilities: (1) the affordable housing developer of the proposed project; (2) a person who would be eligible to apply for residency in the proposed project; and (3) the community group or supportive housing advocacy group advocating for the proposed project. Provides that if a municipality fails to respond to an appeal within 60 days of its receipt, the State Housing Appeals Board (Board) shall automatically reverse the municipality's decision to deny the proposed supportive housing project. Provides that if the municipality timely responds to the appeal, it must demonstrate by clear and convincing evidence that the proposed supportive housing project would be detrimental to the fair operation and interest of the municipality or would place an unreasonable and disproportionate financial burden on the municipality or on municipal services. Requires the Board to reverse the municipality's decision to deny the proposed supportive housing project if the Board determines that the municipality has not met this burden.

A BILL FOR

AN ACT concerning housing.

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

Section 5. The Affordable Housing Planning and Appeal Act is amended by changing Section 30 as follows:

(310 ILCS 67/30)

Sec. 30. Appeal to State Housing Appeals Board.

(a) (Blank).

(b) (Blank).

(b-5) Except as otherwise provided in subsection (b-6), beginning Beginning January 1, 2026, any of the following parties may file an appeal as an appellant to the State Housing Appeals Board against a non-exempt municipality if the proposed affordable housing development was denied by the municipality, or approved with conditions that in the appellant's judgment render the provision of affordable housing infeasible:

(1) the affordable housing developer of the proposed affordable housing development;

(2) a person who would be eligible to apply for residency in the proposed affordable housing development; or

(3) a housing organization whose geographic focus area includes the municipality, or county if in an unincorporated area, where the proposed affordable housing development is located.

Appeals must be filed within 45 days after the decision by the municipality. The appellant must submit information regarding why the appellant believes the affordable housing development was unfairly denied or unreasonable conditions were placed upon the tentative approval of the development. In the case of local governments that are determined by the Illinois Housing Development Authority under Section 20 to be non-exempt for the first time based on the recalculation of U.S. Census Bureau data after the effective date of this amendatory Act of the 103rd General Assembly, no appellant may appeal to the State Housing Appeals Board until 6 months after a local government has been notified of its non-exempt status.

(b-6) Any of the following parties may file an appeal as an appellant to the State Housing Appeals Board against a municipality if the municipality denied a proposed supportive housing project, including a project to develop a permanent supportive housing apartment building or community integrated-living arrangement, for low-income persons with disabilities:

(1) the affordable housing developer of the proposed supportive housing project, permanent supportive housing building, or community integrated-living arrangement;

(2) a person who would be eligible to apply for residency in the proposed supportive housing project, permanent supportive housing building, or community integrated-living arrangement;

(3) the service provider for the proposed supportive housing project, permanent supportive housing building, or community integrated-living arrangement; or

(4) the community group or supportive housing advocacy group advocating for the proposed supportive housing project, permanent supportive housing building, or community integrated-living arrangement.

Appeals must be filed within 45 days after the decision by the municipality. The municipality must respond in writing to the appeal within 60 days of its receipt. If the municipality fails to respond within that 60 day period, the Board shall automatically reverse the municipality's decision to deny the proposed supportive housing project. If the municipality responds to the appeal within the 60 day period, the municipality must demonstrate by clear and convincing evidence that the proposed supportive housing project would be detrimental to the fair operation and interest of the municipality or would place an unreasonable and disproportionate financial burden on the municipality or on municipal services. The Board shall reverse the municipality's decision to deny the proposed supportive housing project if the Board determines that the municipality has not met this burden.

(c) Beginning on the effective date of this amendatory Act of the 98th General Assembly, the Board shall, whenever possible, render a decision on the appeal within 120 days after the appeal is filed. The Board may extend the time by which it will render a decision where circumstances outside the Board's control make it infeasible for the Board to render a decision within 120 days. Except as otherwise provided in subsection (b-6), in In any proceeding before the Board, the appellant bears the burden of demonstrating that the proposed affordable housing development (i) has been unfairly denied or (ii) has had unreasonable conditions placed upon it by the decision of the local government.

(d) Except as otherwise provided in subsection (b-6), the The Board shall dismiss any appeal if:

(i) the local government has adopted an affordable housing plan as defined in Section 25 of this Act and submitted that plan to the Illinois Housing Development Authority within the time frame required by this Act; and

(ii) the local government has implemented its affordable housing plan and has met its goal as established in its affordable housing plan as defined in Section 25 of this Act.

(e) The Board shall dismiss any appeal if the reason for denying the application or placing conditions upon the approval is a non-appealable local government requirement under Section 15 of this Act.

(f) The Board may affirm, reverse, or modify the conditions of, or add conditions to, a decision made by the approving authority. The decision of the Board constitutes an order directed to the approving authority and is binding on the local government.

(g) The appellate court has the exclusive jurisdiction to review decisions of the Board. Any appeal to the Appellate Court of a final ruling by the State Housing Appeals Board may be heard only in the Appellate Court for the District in which the local government involved in the appeal is located. The appellate court shall apply the "clearly erroneous" standard when reviewing such appeals. An appeal of a final ruling of the Board shall be filed within 35 days after the Board's decision and in all respects shall be in accordance with Section 3-113 of the Code of Civil Procedure.

(Source: P.A. 103-487, eff. 1-1-24.)