HB4377eng 104TH GENERAL ASSEMBLY

HB4377 Engrossed LRB104 17629 KTG 31060 b

AN ACT concerning housing.

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

Section 1. Short title. This Act may be cited as the Federally Assisted Tenant Protection Act.

Section 5. Definitions. As used in this Act:

"Covered housing" means housing subsidized through a federal housing program administered by the U.S. Department of Housing and Urban Development, including, but not limited to:

(1) Project-based rental assistance (42 U.S.C. 1437f).

(2) Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.), including special purpose vouchers such as Mainstream Vouchers, Stability Vouchers, the Housing Choice Voucher Homeownership Program, Veteran's Affairs Supportive Housing Vouchers, the Family Unification Program, the Foster Youth to Independence Program, or any other programs established by Section 8 in a federal register notice.

(3) Project-based voucher program (42 U.S.C. 1437f).

"Covered housing provider" means a private owner, property manager, or other entity that administers or is subsidized to provide housing through a covered housing program.

"Time limits" means any limitation on the duration of time within which an individual may live in covered housing.

"Work requirements" means any requirements to complete work activities, such as working, pursuing education, participating in a work or job training program, volunteering, or doing community service. Work activities include, but are not limited to, work activities defined in 42 U.S.C. 607d.

Section 10. Applicability. Every covered housing provider and its agents that receive federal housing assistance payments from the U.S. Department of Housing and Urban Development are subject to the provisions of this Act.

Section 15. No time limits or work requirements.

(a) Unless required by federal law or an applicable State or federal funding program, no covered housing provider shall establish or implement any rules, policies, or procedures that impose time limits as a condition of initial or continued eligibility for any covered housing or that impact the amount of the rent subsidy or assistance provided to covered housing tenants. Nothing with respect to this prohibition prevents a covered housing provider from terminating assistance or a residential lease as authorized by federal law.

(b) Unless required by federal law or an applicable State or federal funding program, no covered housing provider shall establish or implement any rules, policies, or procedures that impose work requirements as a condition of initial or continued eligibility for any covered housing or that impact the amount of the rent subsidy or assistance provided to covered housing tenants.

(c) A covered housing provider may establish and implement a voluntary employment or job training program, or encourage a covered housing applicant or tenant to participate in a voluntary employment or job training program, if all of the following apply:

(1) Program participation does not impact the applicant's or tenant's initial or continued eligibility for the rent subsidy or assistance or the amount of rent subsidy or assistance.

(2) The program has one or more of the following or related goals for participants:

(A) Increasing personal income.

(B) Generating financial savings.

(C) Homeownership.

(D) Increasing financial well-being and creditworthiness.

(E) Increasing educational attainment.

(F) Acquiring job skills.

(G) Expanding employment options.

(d) Subsection (b) does not apply to a covered housing provider participating in the Moving to Work demonstration (Pub. L. 104-134, 110 Stat. 1321, 42 U.S.C. 1437f note) that has work requirements prior to the effective date of this Act that comply with regulations established by the U.S. Department of Housing and Urban Development.

(e) Nothing in this Section limits or alters the operation of the Family Self-Sufficiency Program (42 U.S.C. 1437u) or the Public Housing Community Service Requirement (42 U.S.C. 1437j(c)).

Section 55. The Housing Authorities Act is amended by adding Section 14.1 as follows:

(310 ILCS 10/14.1 new)

Sec. 14.1. No time limits or work requirements.

(a) Definitions. As used in this Section:

"Time limits" means any limitation on the duration of time within which an individual may live in housing or receive a federal housing subsidy covered by this Act.

"Work requirements" means any requirements to complete work activities, such as working, pursuing education, participating in a work or job training program, volunteering, or doing community service. Work activities include, but are not limited to, work activities defined in 42 U.S.C. 607d.

(b) Unless required by federal law or an applicable State or federal funding program, no housing authority organized in accordance with the provisions of this Act, or its agents, shall impose time limits or work requirements on its tenants or housing applicants. This prohibition shall apply to all federally assisted housing as defined in Section 17.

(c) Unless required by federal law or an applicable State or federal funding program, no housing authority or its agents shall establish or implement any rules, policies, or procedures that impose time limits as a condition of initial or continued eligibility for any housing or that impact the amount of the rent subsidy or assistance provided to tenants. Nothing with respect to this prohibition prevents a housing authority or its agents from terminating assistance or a residential lease if authorized by federal law.

(d) Unless required by federal law or an applicable State or federal funding program, no housing authority or its agents shall establish or implement any rules, policies, or procedures that impose work requirements as a condition of initial or continued eligibility for any housing or that impact the amount of the rent subsidy or assistance provided to tenants.

(e) A housing authority and its agents may establish and implement a voluntary employment or job training program, or encourage a housing applicant or tenant to participate in a voluntary employment or job training program, if all of the following apply:

(1) Program participation does not impact the applicant's or tenant's initial or continued eligibility for the rent subsidy or assistance or the amount of rent subsidy or assistance.

(2) The program has one or more of the following or related goals for participants:

(A) Increasing personal income.

(B) Generating financial savings.

(C) Homeownership.

(D) Increasing financial well-being and creditworthiness.

(E) Increasing educational attainment.

(F) Acquiring job skills.

(G) Expanding employment options.

(f) Subsection (d) does not apply to a housing authority participating in the Moving to Work demonstration (Pub. L. 104-134, 110 Stat. 1321, 42 U.S.C. 1437f note) that has work requirements prior to the effective date of this Act that comply with regulations established by the U.S. Department of Housing and Urban Development.

(g) Nothing in this Section limits or alters the operation of the Family Self-Sufficiency Program (42 U.S.C. 1437u) or the Public Housing Community Service Requirement (42 U.S.C. 1437j(c)).

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