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| 1 | | special assessment programs to reduce the assessed value of |
| 2 | | all eligible newly constructed residential real property or |
| 3 | | qualifying rehabilitation to all eligible existing residential |
| 4 | | real property in accordance with subsection (c) for 10 taxable |
| 5 | | years after the newly constructed residential real property or |
| 6 | | the qualifying rehabilitation of a improvements to existing |
| 7 | | residential real property is are put in service. Any county |
| 8 | | with less than 3,000,000 inhabitants may decide not to |
| 9 | | implement one or both of the special assessment programs |
| 10 | | defined in subparagraph (1) of subsection (c) of this Section |
| 11 | | and subparagraph (2) of subsection (c) of this Section upon |
| 12 | | passage of an ordinance by a majority vote of the county board. |
| 13 | | Subsequent to a vote to opt out of this special assessment |
| 14 | | program, any county with less than 3,000,000 inhabitants may |
| 15 | | decide to implement one or both of the special assessment |
| 16 | | programs defined in subparagraph (1) of subsection (c) of this |
| 17 | | Section and subparagraph (2) of subsection (c) of this Section |
| 18 | | upon passage of an ordinance by a majority vote of the county |
| 19 | | board. A county opting out shall not disqualify or shorten the |
| 20 | | maximum eligibility periods for any property approved to |
| 21 | | receive a reduced valuation prior to the county opting out. |
| 22 | | The special assessment programs available under this Section |
| 23 | | shall be available to all qualifying developments regardless |
| 24 | | of whether or not the property has or is currently receiving |
| 25 | | any other public financing or subsidies or subject to any |
| 26 | | regulatory agreements with any public entity, or both. The |
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| 1 | | changes made to this subsection by this amendatory Act of the |
| 2 | | 104th General Assembly are declarative of existing law and |
| 3 | | shall not be construed as a new enactment. Property is |
| 4 | | eligible for the special assessment program if and only if all |
| 5 | | of the following factors have been met: |
| 6 | | (1) at the conclusion of the new construction or |
| 7 | | qualifying rehabilitation, the property is a qualifying |
| 8 | | development consists of a newly constructed multifamily |
| 9 | | building containing 7 or more rental dwelling units or an |
| 10 | | existing multifamily building that has undergone |
| 11 | | qualifying rehabilitation resulting in 7 or more rental |
| 12 | | dwelling units; and |
| 13 | | (2) the property meets the application requirements |
| 14 | | defined in subsection (f). |
| 15 | | (c) For those counties that are required to implement the |
| 16 | | special assessment program and do not opt out of such special |
| 17 | | assessment program, the chief county assessment officer for |
| 18 | | that county shall require that residential real property is |
| 19 | | eligible for the special assessment program if and only if one |
| 20 | | of the additional factors have been met: |
| 21 | | (1) except as defined in subparagraphs (E), (F), and |
| 22 | | (G) of paragraph (1) of subsection (f) of this Section, |
| 23 | | prior to the newly constructed residential real property |
| 24 | | or the qualifying rehabilitation of improvements to |
| 25 | | existing residential real property being put in service, |
| 26 | | the owner of the residential real property commits that, |
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| 1 | | for a period of 10 years, at least 15% of the multifamily |
| 2 | | building's units will have rents as defined in this |
| 3 | | Section that are at or below maximum rents and are |
| 4 | | occupied by households with household incomes at or below |
| 5 | | maximum income limits; or |
| 6 | | (2) except as defined in subparagraphs (E), (F), and |
| 7 | | (G) of paragraph (1) of subsection (f) of this Section, |
| 8 | | prior to the newly constructed residential real property |
| 9 | | or the qualifying rehabilitation of improvements to |
| 10 | | existing residential real property located in a low |
| 11 | | affordability community being put in service, the owner of |
| 12 | | the residential real property commits that, for a period |
| 13 | | of 30 years after the newly constructed residential real |
| 14 | | property or the qualifying rehabilitation of improvements |
| 15 | | to existing residential real property is are put in |
| 16 | | service, at least 20% of the multifamily building's units |
| 17 | | will have rents as defined in this Section that are at or |
| 18 | | below maximum rents and are occupied by households with |
| 19 | | household incomes at or below maximum income limits. |
| 20 | | If a reduction in assessed value is granted under one |
| 21 | | special assessment program provided for in this Section, then |
| 22 | | that same residential real property is not eligible for an |
| 23 | | additional special assessment program under this Section at |
| 24 | | the same time. |
| 25 | | (d) The amount of the reduction in assessed value for |
| 26 | | residential real property meeting the conditions set forth in |
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| 1 | | subparagraph (1) of subsection (c) shall be calculated as |
| 2 | | follows: |
| 3 | | (1) if the owner of the residential real property |
| 4 | | commits for a period of at least 10 years that at least 15% |
| 5 | | but fewer than 35% of the multifamily building's units |
| 6 | | have rents at or below maximum rents and are occupied by |
| 7 | | households with household incomes at or below maximum |
| 8 | | income limits, the assessed value of the property used to |
| 9 | | calculate the tax bill shall be reduced by an amount equal |
| 10 | | to 25% of the assessed value of the property as determined |
| 11 | | by the assessor for the property in the current taxable |
| 12 | | year for either the newly constructed residential real |
| 13 | | property or based on the qualifying rehabilitation of a |
| 14 | | residential real property improvements to an existing |
| 15 | | residential real property; and |
| 16 | | (2) if the owner of the residential real property |
| 17 | | commits for a period of at least 10 years that at least 35% |
| 18 | | of the multifamily building's units have rents at or below |
| 19 | | maximum rents and are occupied by households with |
| 20 | | household incomes at or below maximum income limits, the |
| 21 | | assessed value of the property used to calculate the tax |
| 22 | | bill shall be reduced by an amount equal to 35% of the |
| 23 | | assessed value of the property as determined by the |
| 24 | | assessor for the property in the current assessment year |
| 25 | | for either the newly constructed residential real property |
| 26 | | or based on the qualifying rehabilitation of a residential |
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| 1 | | real property improvements to an existing residential real |
| 2 | | property. |
| 3 | | (e) The amount of the reduction for residential real |
| 4 | | property meeting the conditions set forth in subparagraph (2) |
| 5 | | of subsection (c) shall be calculated as follows: |
| 6 | | (1) for the first, second, and third taxable year |
| 7 | | after the residential real property is placed in service, |
| 8 | | the residential real property is entitled to a reduction |
| 9 | | in its assessed value in an amount equal to the difference |
| 10 | | between the assessed value in the year for which the |
| 11 | | incentive is sought and the assessed value for the |
| 12 | | residential real property in the base year; |
| 13 | | (2) for the fourth, fifth, and sixth taxable year |
| 14 | | after the residential real property is placed in service, |
| 15 | | the property is entitled to a reduction in its assessed |
| 16 | | value in an amount equal to 80% of the difference between |
| 17 | | the assessed value in the year for which the incentive is |
| 18 | | sought and the assessed value for the residential real |
| 19 | | property in the base year; |
| 20 | | (3) for the seventh, eighth, and ninth taxable year |
| 21 | | after the property is placed in service, the residential |
| 22 | | real property is entitled to a reduction in its assessed |
| 23 | | value in an amount equal to 60% of the difference between |
| 24 | | the assessed value in the year for which the incentive is |
| 25 | | sought and the assessed value for the residential real |
| 26 | | property in the base year; |
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| 1 | | (4) for the tenth, eleventh, and twelfth taxable year |
| 2 | | after the residential real property is placed in service, |
| 3 | | the residential real property is entitled to a reduction |
| 4 | | in its assessed value in an amount equal to 40% of the |
| 5 | | difference between the assessed value in the year for |
| 6 | | which the incentive is sought and the assessed value for |
| 7 | | the residential real property in the base year; and |
| 8 | | (5) for the thirteenth through the thirtieth taxable |
| 9 | | year after the residential real property is placed in |
| 10 | | service, the residential real property is entitled to a |
| 11 | | reduction in its assessed value in an amount equal to 20% |
| 12 | | of the difference between the assessed value in the year |
| 13 | | for which the incentive is sought and the assessed value |
| 14 | | for the residential real property in the base year. |
| 15 | | (f) Application requirements. |
| 16 | | (1) In order to receive the reduced valuation under |
| 17 | | this Section, the owner must submit an application |
| 18 | | containing the following information to the chief county |
| 19 | | assessment officer for review in the form and by the date |
| 20 | | required by the chief county assessment officer or, in the |
| 21 | | absence of forms issued by the chief county assessment |
| 22 | | officer, the Department: |
| 23 | | (A) the owner's name; |
| 24 | | (B) the postal address and permanent index number |
| 25 | | or numbers of the parcel or parcels for which the owner |
| 26 | | is applying to receive reduced valuation under this |
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| 1 | | Section; |
| 2 | | (C) a deed or other instrument conveying the |
| 3 | | parcel or parcels to the current owner; |
| 4 | | (D) written evidence that the new construction or |
| 5 | | qualifying rehabilitation has been completed with |
| 6 | | respect to the residential real property, including, |
| 7 | | but not limited to, copies of building permits, a |
| 8 | | notarized contractor's affidavit, and photographs of |
| 9 | | the interior and exterior of the building after new |
| 10 | | construction or rehabilitation is completed; |
| 11 | | (E) written evidence that the residential real |
| 12 | | property meets local building codes, or if there are |
| 13 | | no local building codes, Housing Quality Standards, as |
| 14 | | determined by the United States Department of Housing |
| 15 | | and Urban Development; |
| 16 | | (F) a list identifying the affordable units in |
| 17 | | residential real property and a written statement that |
| 18 | | the affordable units are comparable to the market rate |
| 19 | | units in terms of unit type, number of bedrooms per |
| 20 | | unit, quality of exterior appearance, energy |
| 21 | | efficiency, and overall quality of construction; |
| 22 | | (G) a written schedule certifying the rents in |
| 23 | | each affordable unit and a written statement that |
| 24 | | these rents do not exceed the maximum rents allowable |
| 25 | | for the area in which the residential real property is |
| 26 | | located; |
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| 1 | | (H) documentation from the administering agency |
| 2 | | verifying the owner's participation in a qualifying |
| 3 | | income-based rental subsidy program as defined in |
| 4 | | subsection (e) of this Section if units receiving |
| 5 | | rental subsidies are to be counted among the |
| 6 | | affordable units in order to meet the thresholds |
| 7 | | defined in this Section; |
| 8 | | (I) a written statement identifying the household |
| 9 | | income for every household occupying an affordable |
| 10 | | unit and certifying that the household income does not |
| 11 | | exceed the maximum income limits allowable for the |
| 12 | | area in which the residential real property is |
| 13 | | located; |
| 14 | | (J) a written statement that the owner has |
| 15 | | verified and retained documentation of household |
| 16 | | income for every household occupying an affordable |
| 17 | | unit; and |
| 18 | | (K) any additional information consistent with |
| 19 | | this Section as reasonably required by the chief |
| 20 | | county assessment officer, including, but not limited |
| 21 | | to, any information necessary to ensure compliance |
| 22 | | with applicable local ordinances and to ensure the |
| 23 | | owner is complying with the provisions of this |
| 24 | | Section. |
| 25 | | (1.1) In order for a development to receive the |
| 26 | | reduced valuation under subsection (e), the owner must |
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| 1 | | provide evidence to the county assessor's office of a |
| 2 | | fully executed project labor agreement entered into with |
| 3 | | the applicable local building trades council, prior to |
| 4 | | commencement of any and all construction, building, |
| 5 | | renovation, demolition, or any material change to the |
| 6 | | structure or land. |
| 7 | | (2) The application requirements contained in |
| 8 | | paragraph (1) of subsection (f) are continuing |
| 9 | | requirements for the duration of the reduction in assessed |
| 10 | | value received and may be annually or periodically |
| 11 | | verified by the chief county assessment officer for the |
| 12 | | county whereby the benefit is being issued. |
| 13 | | (3) In lieu of submitting an application containing |
| 14 | | the information prescribed in paragraph (1) of subsection |
| 15 | | (f), the chief county assessment officer may allow for |
| 16 | | submission of a substantially similar certification |
| 17 | | granted by the Illinois Housing Development Authority or a |
| 18 | | comparable local authority provided that the chief county |
| 19 | | assessment officer independently verifies the veracity of |
| 20 | | the certification with the Illinois Housing Development |
| 21 | | Authority or comparable local authority. |
| 22 | | (4) The chief county assessment officer shall notify |
| 23 | | the owner as to whether or not the property meets the |
| 24 | | requirements of this Section. If the property does not |
| 25 | | meet the requirements of this Section, the chief county |
| 26 | | assessment officer shall provide written notice of any |
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| 1 | | deficiencies to the owner, who shall then have 30 days |
| 2 | | from the date of notification to provide supplemental |
| 3 | | information showing compliance with this Section. The |
| 4 | | chief county assessment officer shall, in its discretion, |
| 5 | | grant additional time to cure any deficiency. If the owner |
| 6 | | does not exercise this right to cure the deficiency, or if |
| 7 | | the information submitted, in the sole judgment of the |
| 8 | | chief county assessment officer, is insufficient to meet |
| 9 | | the requirements of this Section, the chief county |
| 10 | | assessment officer shall provide a written explanation of |
| 11 | | the reasons for denial. |
| 12 | | (5) The chief county assessment officer may charge a |
| 13 | | reasonable application fee to offset the administrative |
| 14 | | expenses associated with the program. |
| 15 | | (6) The reduced valuation conferred by this Section is |
| 16 | | limited as follows: |
| 17 | | (A) The owner is eligible to apply for the reduced |
| 18 | | valuation conferred by this Section beginning in the |
| 19 | | first assessment year after the effective date of this |
| 20 | | amendatory Act of the 102nd General Assembly through |
| 21 | | December 31, 2034 2027. If approved, the reduction |
| 22 | | will be effective for the current assessment year, |
| 23 | | which will be reflected in the tax bill issued in the |
| 24 | | following calendar year. Owners that are approved for |
| 25 | | the reduced valuation under paragraph (1) of |
| 26 | | subsection (c) of this Section before December 31, |
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| 1 | | 2034 2027 shall, at minimum, be eligible for annual |
| 2 | | renewal of the reduced valuation during an initial |
| 3 | | 10-year period if annual certification requirements |
| 4 | | are met for each of the 10 years, as described in |
| 5 | | subparagraph (B) of paragraph (4) of subsection (d) of |
| 6 | | this Section. If an owner is approved for the reduced |
| 7 | | valuation conferred by this Section prior to December |
| 8 | | 31, 2034 and this Section is not subsequently |
| 9 | | extended, this shall not disqualify or shorten the |
| 10 | | maximum eligibility periods for any property approved |
| 11 | | to receive a reduced valuation. |
| 12 | | (B) Property receiving a reduction outlined in |
| 13 | | paragraph (1) of subsection (c) of this Section shall |
| 14 | | continue to be eligible for an initial period of up to |
| 15 | | 10 years if annual certification requirements are met |
| 16 | | for each of the 10 years, but shall be extended for up |
| 17 | | to 2 additional 10-year periods with annual renewals |
| 18 | | if the owner continues to meet the requirements of |
| 19 | | this Section, including annual certifications, and |
| 20 | | excluding the requirements regarding new construction |
| 21 | | or qualifying rehabilitation defined in subparagraph |
| 22 | | (D) of paragraph (1) of this subsection. |
| 23 | | (C) The annual certification materials in the year |
| 24 | | prior to final year of eligibility for the reduction |
| 25 | | in assessed value must include a dated copy of the |
| 26 | | written notice provided to tenants informing them of |
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| 1 | | the date of the termination if the owner is not seeking |
| 2 | | a renewal. |
| 3 | | (D) If the property is sold or transferred, the |
| 4 | | purchaser or transferee must comply with all |
| 5 | | requirements of this Section, excluding the |
| 6 | | requirements regarding new construction or qualifying |
| 7 | | rehabilitation defined in subparagraph (D) of |
| 8 | | paragraph (1) of this subsection, in order to continue |
| 9 | | receiving the reduction in assessed value. Purchasers |
| 10 | | and transferees who comply with all requirements of |
| 11 | | this Section excluding the requirements regarding new |
| 12 | | construction or qualifying rehabilitation defined in |
| 13 | | subparagraph (D) of paragraph (1) of this subsection |
| 14 | | are eligible to apply for renewal on the schedule set |
| 15 | | by the initial application. |
| 16 | | (E) (Blank). The owner may apply for the reduced |
| 17 | | valuation if the residential real property meets all |
| 18 | | requirements of this Section and the newly constructed |
| 19 | | residential real property or improvements to existing |
| 20 | | residential real property were put in service on or |
| 21 | | after January 1, 2015. However, the initial 10-year |
| 22 | | eligibility period or 30-year eligibility period, |
| 23 | | depending on the applicable program, shall be reduced |
| 24 | | by the number of years between the placed in service |
| 25 | | date and the date the owner first receives this |
| 26 | | reduced valuation. |
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| 1 | | (F) The owner may apply for the reduced valuation |
| 2 | | within 2 years after the newly constructed residential |
| 3 | | real property or the qualifying rehabilitation of |
| 4 | | improvements to existing residential real property is |
| 5 | | are put in service. However, the initial 10-year |
| 6 | | eligibility period or 30-year eligibility period, |
| 7 | | depending on the applicable program, shall be reduced |
| 8 | | for the number of years between the placed in service |
| 9 | | date and the date the owner first receives this |
| 10 | | reduced valuation. |
| 11 | | (G) Owners of a multifamily building receiving a |
| 12 | | reduced valuation through the Cook County Class 9 |
| 13 | | program during the year in which this amendatory Act |
| 14 | | of the 102nd General Assembly takes effect shall be |
| 15 | | deemed automatically eligible for the reduced |
| 16 | | valuation defined in paragraph (1) of subsection (c) |
| 17 | | of this Section in terms of meeting the criteria for |
| 18 | | new construction or substantial rehabilitation for a |
| 19 | | specific multifamily building regardless of when the |
| 20 | | newly constructed residential real property or |
| 21 | | improvements to existing residential real property |
| 22 | | were put in service. If a Cook County Class 9 owner had |
| 23 | | Class 9 status revoked on or after January 1, 2017 but |
| 24 | | can provide documents sufficient to prove that the |
| 25 | | revocation was in error or any deficiencies leading to |
| 26 | | the revocation have been cured, the chief county |
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| 1 | | assessment officer may deem the owner to be eligible. |
| 2 | | However, owners may not receive both the reduced |
| 3 | | valuation under this Section and the reduced valuation |
| 4 | | under the Cook County Class 9 program in any single |
| 5 | | assessment year. In addition, the number of years |
| 6 | | during which an owner has participated in the Class 9 |
| 7 | | program shall count against the 3 10-year periods of |
| 8 | | eligibility for the reduced valuation as defined in |
| 9 | | subparagraph (1) of subsection (c) of this Section. |
| 10 | | (H) When the property exits the special assessment |
| 11 | | program, the entire parcel shall be assessed as |
| 12 | | otherwise provided by law At the completion of the |
| 13 | | assessment reduction period described in this Section: |
| 14 | | the entire parcel will be assessed as otherwise |
| 15 | | provided by law. At any time prior to exiting the |
| 16 | | special assessment program, a property owner may apply |
| 17 | | for a renewed 30-year eligibility period, to begin on |
| 18 | | the first day of the year following approval. |
| 19 | | (H-5) Any property that has reached or will reach |
| 20 | | the end of its 30-year eligibility period before |
| 21 | | December 31, 2025 may remain in the program pending a |
| 22 | | reapplication filed by December 31, 2026. Those |
| 23 | | applications shall cite qualifying expenditures made |
| 24 | | in the 2 years before the application. This |
| 25 | | subparagraph (H-5) is inoperative on and after January |
| 26 | | 31, 2027. |
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| 1 | | (7) If the chief county assessment officer has not |
| 2 | | created application forms, the chief county assessment |
| 3 | | officer shall make publicly available and accept |
| 4 | | applications forms that shall be available to local |
| 5 | | governments from the Illinois Department of Revenue. If a |
| 6 | | county Internet website exists, the application materials, |
| 7 | | as well as any other program requirements used by the |
| 8 | | county (such as application deadlines, fees, and other |
| 9 | | procedures required by the application) must be published |
| 10 | | on that website, otherwise it must be available to the |
| 11 | | public upon request at the office of the chief county |
| 12 | | assessment officer. |
| 13 | | (g) As used in this Section: |
| 14 | | "Affordable units" means units that have rents that do not |
| 15 | | exceed the maximum rents as defined in this Section. |
| 16 | | "Assessed value for the residential real property in the |
| 17 | | base year" means the assessed value used to calculate the tax |
| 18 | | bill, as certified by the board of review, for the tax year |
| 19 | | immediately prior to the tax year in which the building permit |
| 20 | | is issued. For property assessed as other than residential |
| 21 | | property, the "assessed value for the residential real |
| 22 | | property in the base year" means the assessed value that would |
| 23 | | have been obtained had the property been classified as |
| 24 | | residential as derived from the board of review's certified |
| 25 | | market value. |
| 26 | | "Consumer Price Index-u" means the index published by the |
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| 1 | | Bureau of Labor Statistics of the United States Department of |
| 2 | | Labor that measures the average change in prices of goods and |
| 3 | | services purchased by all urban consumers, United States city |
| 4 | | average, not seasonally adjusted, all items, 1982-84 = 100. |
| 5 | | "Household income" includes the annual income for all the |
| 6 | | people who occupy a housing unit that is anticipated to be |
| 7 | | received from a source outside of the family during the |
| 8 | | 12-month period following admission or the annual |
| 9 | | recertification, including related family members and all the |
| 10 | | unrelated people who share the housing unit. Household income |
| 11 | | includes the total of the following income sources: wages, |
| 12 | | salaries and tips before any payroll deductions; net business |
| 13 | | income; interest and dividends; payments in lieu of earnings, |
| 14 | | such as unemployment and disability compensation, worker's |
| 15 | | compensation and severance pay; Social Security income, |
| 16 | | including lump sum payments; payments from insurance policies, |
| 17 | | annuities, pensions, disability benefits and other types of |
| 18 | | periodic payments, alimony, child support, and other regular |
| 19 | | monetary contributions; and public assistance, except for |
| 20 | | assistance from the Supplemental Nutrition Assistance Program |
| 21 | | (SNAP). "Household income" does not include: earnings of |
| 22 | | children under age 18; temporary income such as cash gifts; |
| 23 | | reimbursement for medical expenses; lump sums from |
| 24 | | inheritance, insurance payments, settlements for personal or |
| 25 | | property losses; student financial assistance paid directly to |
| 26 | | the student or to an educational institution; foster child |
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| 1 | | care payments; receipts from government-funded training |
| 2 | | programs; assistance from the Supplemental Nutrition |
| 3 | | Assistance Program (SNAP). |
| 4 | | "Low affordability community" means (1) a municipality or |
| 5 | | jurisdiction with less than 1,000,000 inhabitants in which 40% |
| 6 | | or less of its total year-round housing units are affordable, |
| 7 | | as determined by the Illinois Housing Development Authority |
| 8 | | during the exemption determination process under the |
| 9 | | Affordable Housing Planning and Appeal Act; (2) "D" zoning |
| 10 | | districts as now or hereafter designated in the Chicago Zoning |
| 11 | | Ordinance; or (3) a jurisdiction located in a municipality |
| 12 | | with 1,000,000 or more inhabitants that has been designated as |
| 13 | | a low affordability community by passage of a local ordinance |
| 14 | | by that municipality, specifying the census tract or property |
| 15 | | by permanent index number or numbers. |
| 16 | | "Maximum income limits" means the maximum regular income |
| 17 | | limits for 60% of area median income for the geographic area in |
| 18 | | which the multifamily building is located for multifamily |
| 19 | | programs as determined by the United States Department of |
| 20 | | Housing and Urban Development and published annually by the |
| 21 | | Illinois Housing Development Authority. A property may be |
| 22 | | deemed to have satisfied the maximum income limits with a |
| 23 | | weighted average if municipal, state, or federal laws, |
| 24 | | ordinances, rules, or regulations requires the use of a |
| 25 | | weighted average of no more than 60% of area median income for |
| 26 | | that property. |
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| 1 | | "Maximum rent" means the maximum regular rent for 60% of |
| 2 | | the area median income for the geographic area in which the |
| 3 | | multifamily building is located for multifamily programs as |
| 4 | | determined by the United States Department of Housing and |
| 5 | | Urban Development and published annually by the Illinois |
| 6 | | Housing Development Authority. To be eligible for the reduced |
| 7 | | valuation defined in this Section, maximum rents are to be |
| 8 | | consistent with the Illinois Housing Development Authority's |
| 9 | | rules; or if the owner is leasing an affordable unit to a |
| 10 | | household with an income at or below the maximum income limit |
| 11 | | who is participating in qualifying income-based rental subsidy |
| 12 | | program, "maximum rent" means the maximum rents allowable |
| 13 | | under the guidelines of the qualifying income-based rental |
| 14 | | subsidy program. A property may be deemed to have satisfied |
| 15 | | the maximum rent with a weighted average if municipal, state, |
| 16 | | or federal laws, ordinances, rules, or regulations requires |
| 17 | | the use of a weighted average of no more than 60% of area |
| 18 | | median income for that property. |
| 19 | | "Qualifying development" means: |
| 20 | | (1) property containing a newly constructed |
| 21 | | multifamily building containing 7 or more rental dwelling |
| 22 | | units; or |
| 23 | | (2) property containing an existing multifamily |
| 24 | | building that has undergone qualifying rehabilitation |
| 25 | | resulting in 7 or more rental dwelling units; or |
| 26 | | (3) in counties with a population of 3,000,000 or more |
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| 1 | | inhabitants, property in a portfolio of properties |
| 2 | | consisting of 7 or more total rental dwelling units across |
| 3 | | 2 or more multifamily rental buildings that are each newly |
| 4 | | constructed or have undergone qualifying rehabilitation if |
| 5 | | the portfolio meets all the following additional |
| 6 | | requirements: |
| 7 | | (A) all of the properties in the portfolio must be |
| 8 | | under common ownership and must be part of a single |
| 9 | | financial entity or treated as a single entity for the |
| 10 | | purposes of financing, regulatory agreements, or |
| 11 | | participation in a qualifying income-based subsidy |
| 12 | | program; |
| 13 | | (B) the portfolio, as a whole, must participate in |
| 14 | | a qualifying income-based subsidy program; and |
| 15 | | (C) if the portfolio includes units supported by |
| 16 | | tenant-based rental assistance, including, but not |
| 17 | | limited to, the Housing Choice Voucher program, the |
| 18 | | portfolio must also: |
| 19 | | (i) operate under a regulatory agreement with |
| 20 | | a federal, State, or local housing agency that |
| 21 | | imposes affordability restrictions; or |
| 22 | | (ii) participate in an additional qualifying |
| 23 | | income-based subsidy program beyond tenant-based |
| 24 | | assistance. |
| 25 | | "Qualifying income-based rental subsidy program" means a |
| 26 | | Housing Choice Voucher issued by a housing authority under |
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| 1 | | Section 8 of the United States Housing Act of 1937, a tenant |
| 2 | | voucher converted to a project-based voucher by a housing |
| 3 | | authority or any other program administered or funded by a |
| 4 | | housing authority, the Illinois Housing Development Authority, |
| 5 | | another State agency, a federal agency, or a unit of local |
| 6 | | government where participation is limited to households with |
| 7 | | incomes at or below the maximum income limits as defined in |
| 8 | | this Section and the tenants' portion of the rent payment is |
| 9 | | based on a percentage of their income or a flat amount that |
| 10 | | does not exceed the maximum rent as defined in this Section. |
| 11 | | "Qualifying rehabilitation" means, at a minimum, |
| 12 | | compliance with local building codes and the replacement or |
| 13 | | renovation of at least 2 primary building systems to be |
| 14 | | approved for the reduced valuation under paragraph (1) of |
| 15 | | subsection (d) of this Section and at least 5 primary building |
| 16 | | systems to be approved for the reduced valuation under |
| 17 | | subsection (e) of this Section. Although the cost of each |
| 18 | | primary building system may vary, to be approved for the |
| 19 | | reduced valuation under paragraph (1) of subsection (d) of |
| 20 | | this Section, for work completed between January 1, 2021 and |
| 21 | | December 31, 2021, the combined expenditure for making the |
| 22 | | building compliant with local codes and replacing primary |
| 23 | | building systems must be at least $8 per square foot for work |
| 24 | | completed between January 1 of the year in which this |
| 25 | | amendatory Act of the 102nd General Assembly takes effect and |
| 26 | | December 31 of the year in which this amendatory Act of the |
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| 1 | | 102nd General Assembly takes effect and, in subsequent years, |
| 2 | | $8 adjusted by the Consumer Price Index for All Urban |
| 3 | | Consumers, as published annually by the U.S. Department of |
| 4 | | Labor. For work completed in calendar years beginning on or |
| 5 | | after January 1, 2022, that combined expenditure amount shall |
| 6 | | be the combined expenditure amount necessary to be approved |
| 7 | | for the reduced valuation under paragraph (1) of subsection |
| 8 | | (d) of this Section in the immediately preceding calendar |
| 9 | | year, multiplied by one plus the percentage increase, if any, |
| 10 | | in the Consumer Price Index-u during the immediately preceding |
| 11 | | calendar year and rounded to the nearest penny. To be approved |
| 12 | | for the reduced valuation under paragraph (2) of subsection |
| 13 | | (d) of this Section, for work completed between January 1, |
| 14 | | 2021 and December 31, 2021, the combined expenditure for |
| 15 | | making the building compliant with local codes and replacing |
| 16 | | primary building systems must be at least $12.50 per square |
| 17 | | foot for work completed between January 1 of the year in which |
| 18 | | this amendatory Act of the 102nd General Assembly takes effect |
| 19 | | and December 31 of the year in which this amendatory Act of the |
| 20 | | 102nd General Assembly takes effect, and in subsequent years, |
| 21 | | $12.50 adjusted by the Consumer Price Index for All Urban |
| 22 | | Consumers, as published annually by the U.S. Department of |
| 23 | | Labor. For work completed in calendar years beginning on or |
| 24 | | after January 1, 2022, that combined expenditure amount shall |
| 25 | | be the combined expenditure amount necessary to be approved |
| 26 | | for the reduced valuation under paragraph (2) of subsection |
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| 1 | | (d) of this Section in the immediately preceding calendar |
| 2 | | year, multiplied by one plus the percentage increase, if any, |
| 3 | | in the Consumer Price Index-u during the immediately preceding |
| 4 | | calendar year and rounded to the nearest penny. To be approved |
| 5 | | for the reduced valuation under subsection (e) of this |
| 6 | | Section, for work completed between January 1, 2021 and |
| 7 | | December 31, 2021, the combined expenditure for making the |
| 8 | | building compliant with local codes and replacing primary |
| 9 | | building systems must be at least $60 per square foot for work |
| 10 | | completed between January 1 of the year that this amendatory |
| 11 | | Act of the 102nd General Assembly becomes effective and |
| 12 | | December 31 of the year that this amendatory Act of the 102nd |
| 13 | | General Assembly becomes effective and, in subsequent years, |
| 14 | | $60 adjusted by the Consumer Price Index for All Urban |
| 15 | | Consumers, as published annually by the U.S. Department of |
| 16 | | Labor. For work completed in calendar years beginning on or |
| 17 | | after January 1, 2022, that combined expenditure amount shall |
| 18 | | be the combined expenditure amount necessary to be approved |
| 19 | | for the reduced valuation under subsection (e) of this Section |
| 20 | | in the immediately preceding calendar year, multiplied by one |
| 21 | | plus the percentage increase, if any, in the Consumer Price |
| 22 | | Index-u during the immediately preceding calendar year and |
| 23 | | rounded to the nearest penny. This amendatory Act of the 104th |
| 24 | | General Assembly is not intended to change the combined |
| 25 | | expenditure amounts determined before the effective date of |
| 26 | | this amendatory Act of the 104th General Assembly for any work |
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| 1 | | completed before January 1, 2026 and shall not be used as the |
| 2 | | basis for any appeal filed with the chief county assessment |
| 3 | | officer, the board of review, the Property Tax Appeal Board, |
| 4 | | or the circuit court with respect to the scope or meaning of |
| 5 | | the exemption under this Section for a tax year prior to tax |
| 6 | | year 2026. |
| 7 | | For the purposes of administering this Section, by |
| 8 | | February 15, 2026, and by February 15 of each year thereafter, |
| 9 | | the Department of Revenue shall publish on its website the |
| 10 | | percentage increase, if any, in the Consumer Price Index-u for |
| 11 | | the immediately preceding calendar year, including historical |
| 12 | | annual increases in the Consumer Price Index-u going back to |
| 13 | | calendar year 2022. In counties with a population of 3,000,000 |
| 14 | | or more, by March 15, 2026, and by March 15 of each year |
| 15 | | thereafter, the county assessor shall, using the data |
| 16 | | available on the Department of Revenue's website, calculate |
| 17 | | and make available on its website the combined expenditure |
| 18 | | amounts used in the definition of "qualified rehabilitation" |
| 19 | | for the applicable taxable year. |
| 20 | | "Primary building systems", together with their related |
| 21 | | rehabilitations, specifically approved for this program are: |
| 22 | | (1) Electrical. All electrical work must comply with |
| 23 | | applicable codes; it may consist of a combination of any |
| 24 | | of the following alternatives: |
| 25 | | (A) installing individual equipment and appliance |
| 26 | | branch circuits as required by code (the minimum being |
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| 1 | | a kitchen appliance branch circuit); |
| 2 | | (B) installing a new emergency service, including |
| 3 | | emergency lighting with all associated conduits and |
| 4 | | wiring; |
| 5 | | (C) rewiring all existing feeder conduits ("home |
| 6 | | runs") from the main switchgear to apartment area |
| 7 | | distribution panels; |
| 8 | | (D) installing new in-wall conduits for |
| 9 | | receptacles, switches, appliances, equipment, and |
| 10 | | fixtures; |
| 11 | | (E) replacing power wiring for receptacles, |
| 12 | | switches, appliances, equipment, and fixtures; |
| 13 | | (F) installing new light fixtures throughout the |
| 14 | | building including closets and central areas; |
| 15 | | (G) replacing, adding, or doing work as necessary |
| 16 | | to bring all receptacles, switches, and other |
| 17 | | electrical devices into code compliance; |
| 18 | | (H) installing a new main service, including |
| 19 | | conduit, cables into the building, and main disconnect |
| 20 | | switch; and |
| 21 | | (I) installing new distribution panels, including |
| 22 | | all panel wiring, terminals, circuit breakers, and all |
| 23 | | other panel devices. |
| 24 | | (2) Heating. All heating work must comply with |
| 25 | | applicable codes; it may consist of a combination of any |
| 26 | | of the following alternatives: |
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| 1 | | (A) installing a new system to replace one of the |
| 2 | | following heat distribution systems: |
| 3 | | (i) piping and heat radiating units, including |
| 4 | | new main line venting and radiator venting; or |
| 5 | | (ii) duct work, diffusers, and cold air |
| 6 | | returns; or |
| 7 | | (iii) any other type of existing heat |
| 8 | | distribution and radiation/diffusion components; |
| 9 | | or |
| 10 | | (B) installing a new system to replace one of the |
| 11 | | following heat generating units: |
| 12 | | (i) hot water/steam boiler; |
| 13 | | (ii) gas furnace; or |
| 14 | | (iii) any other type of existing heat |
| 15 | | generating unit. |
| 16 | | (3) Plumbing. All plumbing work must comply with |
| 17 | | applicable codes. Replace all or a part of the in-wall |
| 18 | | supply and waste plumbing; however, main supply risers, |
| 19 | | waste stacks and vents, and code-conforming waste lines |
| 20 | | need not be replaced. |
| 21 | | (4) Roofing. All roofing work must comply with |
| 22 | | applicable codes; it may consist of either of the |
| 23 | | following alternatives, separately or in combination: |
| 24 | | (A) replacing all rotted roof decks and |
| 25 | | insulation; or |
| 26 | | (B) replacing or repairing leaking roof membranes |
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| 1 | | (10% is the suggested minimum replacement of |
| 2 | | membrane); restoration of the entire roof is an |
| 3 | | acceptable substitute for membrane replacement. |
| 4 | | (5) Exterior doors and windows. Replace the exterior |
| 5 | | doors and windows. Renovation of ornate entry doors is an |
| 6 | | acceptable substitute for replacement. |
| 7 | | (6) Floors, walls, and ceilings. Finishes must be |
| 8 | | replaced or covered over with new material. Acceptable |
| 9 | | replacement or covering materials are as follows: |
| 10 | | (A) floors must have new carpeting, vinyl tile, |
| 11 | | ceramic, refurbished wood finish, or a similar |
| 12 | | substitute; |
| 13 | | (B) walls must have new drywall, including joint |
| 14 | | taping and painting; or |
| 15 | | (C) new ceilings must be either drywall, suspended |
| 16 | | type, or a similar material. |
| 17 | | (7) Exterior walls. |
| 18 | | (A) replace loose or crumbling mortar and masonry |
| 19 | | with new material; |
| 20 | | (B) replace or paint wall siding and trim as |
| 21 | | needed; |
| 22 | | (C) bring porches and balconies to a sound |
| 23 | | condition; or |
| 24 | | (D) any combination of (A), (B), and (C). |
| 25 | | (8) Elevators. Where applicable, at least 4 of the |
| 26 | | following 7 alternatives must be accomplished: |
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| 1 | | (A) replace or rebuild the machine room controls |
| 2 | | and refurbish the elevator machine (or equivalent |
| 3 | | mechanisms in the case of hydraulic elevators); |
| 4 | | (B) replace hoistway electro-mechanical items |
| 5 | | including: ropes, switches, limits, buffers, levelers, |
| 6 | | and deflector sheaves (or equivalent mechanisms in the |
| 7 | | case of hydraulic elevators); |
| 8 | | (C) replace hoistway wiring; |
| 9 | | (D) replace door operators and linkage; |
| 10 | | (E) replace door panels at each opening; |
| 11 | | (F) replace hall stations, car stations, and |
| 12 | | signal fixtures; or |
| 13 | | (G) rebuild the car shell and refinish the |
| 14 | | interior. |
| 15 | | (9) Health and safety. |
| 16 | | (A) Install or replace fire suppression systems; |
| 17 | | (B) install or replace security systems; or |
| 18 | | (C) environmental remediation of lead-based paint, |
| 19 | | asbestos, leaking underground storage tanks, or radon. |
| 20 | | (10) Energy conservation improvements undertaken to |
| 21 | | limit the amount of solar energy absorbed by a building's |
| 22 | | roof or to reduce energy use for the property, including, |
| 23 | | but not limited to, any of the following activities: |
| 24 | | (A) installing or replacing reflective roof |
| 25 | | coatings (flat roofs); |
| 26 | | (B) installing or replacing R-49 roof insulation; |
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| 1 | | (C) installing or replacing R-19 perimeter wall |
| 2 | | insulation; |
| 3 | | (D) installing or replacing insulated entry doors; |
| 4 | | (E) installing or replacing Low E, insulated |
| 5 | | windows; |
| 6 | | (F) installing or replacing WaterSense labeled |
| 7 | | plumbing fixtures; |
| 8 | | (G) installing or replacing 90% or better sealed |
| 9 | | combustion heating systems; |
| 10 | | (H) installing Energy Star hot water heaters; |
| 11 | | (I) installing or replacing mechanical ventilation |
| 12 | | to exterior for kitchens and baths; |
| 13 | | (J) installing or replacing Energy Star |
| 14 | | appliances; |
| 15 | | (K) installing or replacing Energy Star certified |
| 16 | | lighting in common areas; or |
| 17 | | (L) installing or replacing grading and |
| 18 | | landscaping to promote on-site water retention if the |
| 19 | | retained water is used to replace water that is |
| 20 | | provided from a municipal source. |
| 21 | | (11) Accessibility improvements. All accessibility |
| 22 | | improvements must comply with applicable codes. An owner |
| 23 | | may make accessibility improvements to residential real |
| 24 | | property to increase access for people with disabilities. |
| 25 | | As used in this paragraph (11), "disability" has the |
| 26 | | meaning given to that term in the Illinois Human Rights |
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| 1 | | Act. As used in this paragraph (11), "accessibility |
| 2 | | improvements" means a home modification listed under the |
| 3 | | Home Services Program administered by the Department of |
| 4 | | Human Services (Part 686 of Title 89 of the Illinois |
| 5 | | Administrative Code) including, but not limited to: |
| 6 | | installation of ramps, grab bars, or wheelchair lifts; |
| 7 | | widening doorways or hallways; re-configuring rooms and |
| 8 | | closets; and any other changes to enhance the independence |
| 9 | | of people with disabilities. |
| 10 | | (12) Any applicant who has purchased the property in |
| 11 | | an arm's length transaction not more than 90 days before |
| 12 | | applying for this reduced valuation may use the cost of |
| 13 | | rehabilitation or repairs required by documented code |
| 14 | | violations, up to a maximum of $2 per square foot, to meet |
| 15 | | the qualifying rehabilitation requirements. |
| 16 | | (Source: P.A. 102-175, eff. 7-29-21; 102-893, eff. 5-20-22.) |