Sen. Mattie Hunter

Filed: 5/26/2021





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2    AMENDMENT NO. ______. Amend House Bill 2621 by replacing
3everything after the enacting clause with the following:

5    Section 1-1. Short title. This Act may be cited as the
6COVID-19 Affordable Housing Grant Program Act.
7    Section 1-5. Purpose and findings. The State of Illinois
8faces a large shortage of decent, affordable rental housing
9for low-income and moderate-income households. The COVID-19
10pandemic has dramatically increased this need for affordable
11housing. The development of affordable housing will help
12Illinois to address the need for more housing, jobs, tax base,
13tax revenue, and population in the State. These funds will
14help developers to overcome increased construction costs
15related to pandemic-created supply shortages (in lumber and



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1other materials) and to jump-start a housing recovery in
2Illinois in the wake of the pandemic. These funds will also
3incentivize and attract private equity and private lending and
4will allow the State to more fully utilize and draw down unused
5federal resources for affordable housing. Funding will be used
6for the acquisition, construction, development,
7predevelopment, or rehabilitation of affordable multifamily
8rental development.
9    Section 1-10. Definitions. As used in this Act:
10    "Authority" means the Illinois Housing Development
12    "Disproportionately impacted area" means a census tract or
13comparable geographic area that meets at least one of the
14following criteria, as determined by the Department of
15Commerce and Economic Opportunity:
16        (1) the area has a poverty rate of at least 20%
17    according to the latest federal decennial census;
18        (2) 75% or more of the children in the area
19    participate in the federal free lunch program according to
20    reported statistics from the State Board of Education;
21        (3) at least 20% of the households in the area receive
22    assistance under the Supplemental Nutrition Assistance
23    Program; or
24        (4) the area has an average unemployment rate, as
25    determined by the Department of Employment Security, that



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1    is more than 120% of the national unemployment average, as
2    determined by the United States Department of Labor, for a
3    period of at least 2 consecutive calendar years preceding
4    the date of the application.
5    "Federal tax credit" means the federal low-income housing
6tax credit provided by Section 42 of the federal Internal
7Revenue Code, including federal low-income housing tax credits
8issued pursuant to 26 U.S.C. 42(h)(3) and 26 U.S.C. 42(h)(4).
9    "Qualified development" means a qualified low-income
10housing project, as that term is defined in Section 42 of the
11federal Internal Revenue Code of 1986, that is located in the
12State and is determined to be eligible for the federal tax
13credit set forth in Section 42 of the Internal Revenue Code.
14    Section 1-15. Grant program. Subject to appropriation for
15this purpose, the Authority shall establish an affordable
16housing grant program to encourage the construction and
17rehabilitation of affordable multifamily rental housing in
18response to the COVID-19 pandemic. Funding may be used for the
19acquisition, construction, development, predevelopment, or
20rehabilitation of a qualified development. The goal of the
21grant program shall be to fund the development and
22preservation of up to 3,500 affordable rental homes and
23apartments by December 31, 2024. Project sponsors who wish to
24participate in the affordable housing grant program shall
25submit a grant application to the Authority in accordance with



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1rules adopted by the Authority. The Authority shall prescribe,
2by rule, standards and procedures for the provision of
3demonstration grant funds in relation to each grant
5    Section 1-20. Affordable multifamily rental housing gap
6financing. Where a qualified development has been awarded a
7federal tax credit, the recipient may request additional gap
8financing under this grant program as the Authority deems
9appropriate. Through the program, the Authority shall provide
10grants with no expectation of repayment.
11    Section 1-25. Prioritization efforts.
12    (a) The Authority shall make best efforts to prioritize
13grant applications for proposed developments as follows:
14        (1) developments that are located within an area that
15    was disproportionately affected by the COVID-19 pandemic
16    based on the number of positive COVID-19 cases;
17        (2) developments involving contracts with certified
18    disadvantaged business enterprises and certified
19    underrepresented business enterprises owned by minorities,
20    women, veterans, LGBT persons, and persons with
21    disabilities during construction;
22        (3) developments involving project labor agreements
23    with local organized labor; and
24        (4) developments involving contracts or subcontracts



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1    with a registered apprenticeship program or
2    preapprenticeship program.
3    (b) The Authority shall balance the approval of projects
4between those located within a disproportionately impacted
5area as defined under this Act and those located in areas of
6opportunity, as defined or recognized by the Authority.
7    Section 1-30. Annual reporting to the General Assembly.
8    (a) The Authority shall submit an annual report to the
9General Assembly no later than March 31 of each calendar year
10with the first annual report due no later than March 31, 2022.
11    (b) The annual report must describe the grant program's
12administration and the number and type of projects funded as
13of the date of the report with the following information:
14        (1) location of projects and demographics of the
15    surrounding community;
16        (2) accessibility of projects to public
17    transportation, schools, health care, grocery stores, and
18    banking institutions;
19        (3) total number of residential units developed or
20    rehabbed per project;
21        (4) total number of affordable units developed or
22    rehabbed per project;
23        (5) total number of affordable units put into service;
24        (6) number of program applications;
25        (7) number of applications awarded;



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1        (8) amount of funding awarded through the program per
2    calendar year;
3        (9) amount of funding awarded through the grant
4    program to date;
5        (10) specific data for each prioritization category
6    listed under Section 1-25;
7        (11) delays or issues with development including, but
8    not limited to, acquisition, zoning and permits, labor,
9    and materials; and
10        (12) any compliance issues with grant recipients and
11    the corrective action taken.
12    Section 1-35. Repeal. This Act is repealed on April 1,

15    Section 5-5. The Illinois Housing Development Act is
16amended by changing Section 7.28 as follows:
17    (20 ILCS 3805/7.28)
18    Sec. 7.28. Tax credit for donation to sponsors. The
19Authority may administer and adopt rules for an affordable
20housing tax donation credit program to provide tax credits for
21donations as set forth in this Section.
22    (a) In this Section:



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1    "Administrative housing agency" means either the Authority
2or an agency of the City of Chicago.
3    "Affordable housing project" means either:
4        (1) (i) a rental project in which at least 25% of the
5    units have rents (including tenant-paid heat) that do not
6    exceed, on a monthly basis, maximum gross rent figures, as
7    published by the Authority, that are:
8            (i) based on data published annually by the U.S.
9        Department of Housing and Urban Development; ,
10            (ii) based on the annual income of households
11        earning 60% of the area median income; ,
12            (iii) computed using a 30% of gross monthly income
13        standard; and
14            (iv) adjusted for unit size and at least 25% of the
15        units are occupied by persons and families whose
16        incomes do not exceed 60% of the median family income
17        for the geographic area in which the residential unit
18        is located; or
19        (2) (ii) a unit for sale to homebuyers whose gross
20    household income is at or below (A) 60% of the area median
21    income (for taxable years beginning prior to January 1,
22    2022) or (B) 120% of the area median income (for taxable
23    years beginning on or after January 1, 2022) and who pay no
24    more than 30% of their gross household income for mortgage
25    principal, interest, property taxes, and property
26    insurance (PITI).



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1    "Donation" means money, securities, or real or personal
2property that is donated to a not-for-profit sponsor that is
3used solely for costs associated with either (i) purchasing,
4constructing, or rehabilitating an affordable housing project
5in this State, (ii) an employer-assisted housing project in
6this State, (iii) general operating support, or (iv) technical
7assistance as defined by this Section.
8    "Employer-assisted housing project" means either
9down-payment assistance, reduced-interest mortgages, mortgage
10guarantee programs, rental subsidies, or individual
11development account savings plans that are provided by
12employers to employees to assist in securing affordable
13housing near the work place, that are restricted to housing
14near the work place, and that are restricted to employees
15whose gross household income is at or below 120% of the area
16median income.
17    "General operating support" means any cost incurred by a
18sponsor that is a part of its general program costs and is not
19limited to costs directly incurred by the affordable housing
21    "Geographical area" means the metropolitan area or county
22designated as an area by the federal Department of Housing and
23Urban Development under Section 8 of the United States Housing
24Act of 1937, as amended, for purposes of determining fair
25market rental rates.
26    "Median income" means the incomes that are determined by



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1the federal Department of Housing and Urban Development
2guidelines and adjusted for family size.
3    "Project" means an affordable housing project, an
4employer-assisted housing project, general operating support,
5or technical assistance.
6    "Sponsor" means a not-for-profit organization that (i) is
7organized as a not-for-profit organization under the laws of
8this State or another state and (1) for an affordable housing
9project, has as one of its purposes the development of
10affordable housing; (2) for an employer-assisted housing
11project, has as one of its purposes home ownership education;
12and (3) for a technical assistance project, has as one of its
13purposes either the development of affordable housing or home
14ownership education; (ii) is organized for the purpose of
15constructing or rehabilitating affordable housing units and
16has been issued a ruling from the Internal Revenue Service of
17the United States Department of the Treasury that the
18organization is exempt from income taxation under provisions
19of the Internal Revenue Code; or (iii) is an organization
20designated as a community development corporation by the
21United States government under Title VII of the Economic
22Opportunity Act of 1964.
23    "Tax credit" means a tax credit allowed under Section 214
24of the Illinois Income Tax Act.
25    "Technical assistance" means any cost incurred by a
26sponsor for project planning, assistance with applying for



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1financing, or counseling services provided to prospective
3    (b) A sponsor must apply to an administrative housing
4agency for approval of the project. The administrative housing
5agency must reserve a specific amount of tax credits for each
6approved project. Tax credits for general operating support
7can only be reserved as part of a reservation of tax credits
8for an affordable housing project, an employer-assisted
9housing project, or technical assistance. No tax credits shall
10be allowed for a project without a reservation of such tax
11credits by an administrative housing agency for that project.
12    (c) The Authority must adopt rules establishing criteria
13for eligible costs and donations, issuing and verifying tax
14credits, and selecting projects that are eligible for a tax
16    (d) Tax credits for employer-assisted housing projects are
17limited to that pool of tax credits that have been set aside
18for employer-assisted housing. Tax credits for general
19operating support are limited to 10% of the total tax credit
20reservation for the related project (other than general
21operating support) and are also limited to that pool of tax
22credits that have been set aside for general operating
23support. Tax credits for technical assistance are limited to
24that pool of tax credits that have been set aside for technical
26    (e) The amount of tax credits reserved by the



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1administrative housing agency for an approved project is
2limited to $32,850,352 in State fiscal years 2022 and 2023 $13
3million in the initial year and shall increase by 5% each
4fiscal year thereafter by 5%. The City of Chicago shall
5receive 24.5% of total tax credits authorized for each fiscal
6year. The Authority shall receive the balance of the tax
7credits authorized for each fiscal year. The tax credits may
8be used anywhere in this State. The tax credits have the
9following set-asides:
10        (1) for employer-assisted housing projects, $2
11    million; and
12        (2) for general operating support and technical
13    assistance, $1 million.
14    The balance of the funds must be used for affordable
15housing projects. During the first 9 months of a fiscal year,
16if an administrative housing agency is unable to reserve the
17tax credits set aside for the purposes described in subsection
18(e), the administrative housing agency may reserve the tax
19credits for any approved projects.
20    (f) The administrative housing agency that reserves tax
21credits for an affordable housing project must record against
22the land upon which the affordable housing project is located
23an instrument to assure that the property maintains its
24affordable housing compliance for a minimum of 10 years. The
25Authority has flexibility to assure that the instrument does
26not cause undue hardship on homeowners.



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1(Source: P.A. 92-491, eff. 8-23-01; 93-369, eff. 7-24-03.)
2    Section 5-15. The Illinois Income Tax Act is amended by
3changing Section 214 as follows:
4    (35 ILCS 5/214)
5    Sec. 214. Tax credit for affordable housing donations.
6    (a) Beginning with taxable years ending on or after
7December 31, 2001 and until the taxable year ending on
8December 31, 2026 December 31, 2021, a taxpayer who makes a
9donation under Section 7.28 of the Illinois Housing
10Development Act is entitled to a credit against the tax
11imposed by subsections (a) and (b) of Section 201 in an amount
12equal to 50% of the value of the donation. Partners,
13shareholders of subchapter S corporations, and owners of
14limited liability companies (if the limited liability company
15is treated as a partnership for purposes of federal and State
16income taxation) are entitled to a credit under this Section
17to be determined in accordance with the determination of
18income and distributive share of income under Sections 702 and
19703 and subchapter S of the Internal Revenue Code. Persons or
20entities not subject to the tax imposed by subsections (a) and
21(b) of Section 201 and who make a donation under Section 7.28
22of the Illinois Housing Development Act are entitled to a
23credit as described in this subsection and may transfer that
24credit as described in subsection (c).



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1    (b) If the amount of the credit exceeds the tax liability
2for the year, the excess may be carried forward and applied to
3the tax liability of the 5 taxable years following the excess
4credit year. The tax credit shall be applied to the earliest
5year for which there is a tax liability. If there are credits
6for more than one year that are available to offset a
7liability, the earlier credit shall be applied first.
8    (c) The transfer of the tax credit allowed under this
9Section may be made (i) to the purchaser of land that has been
10designated solely for affordable housing projects in
11accordance with the Illinois Housing Development Act or (ii)
12to another donor who has also made a donation in accordance
13with Section 7.28 of the Illinois Housing Development Act.
14    (d) A taxpayer claiming the credit provided by this
15Section must maintain and record any information that the
16Department may require by regulation regarding the project for
17which the credit is claimed. When claiming the credit provided
18by this Section, the taxpayer must provide information
19regarding the taxpayer's donation to the project under the
20Illinois Housing Development Act.
21(Source: P.A. 99-915, eff. 12-20-16.)
22    Section 5-20. The Property Tax Code is amended by changing
23Section 10-260 and by adding Section 15-178 as follows:
24    (35 ILCS 200/10-260)



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1    Sec. 10-260. Low-income housing. In determining the fair
2cash value of property receiving benefits from the Low-Income
3Housing Tax Credit authorized by Section 42 of the Internal
4Revenue Code, 26 U.S.C. 42, emphasis shall be given to the
5income approach, except in those circumstances where another
6method is clearly more appropriate.
7    In counties with more than 3,000,000 inhabitants, during a
8general reassessment year in accordance with Section 9-220 or
9at such other time that a property is reassessed, to determine
10the fair cash value of any low-income housing project that
11qualifies for the Low-Income Housing Tax Credit under Section
1242 of the Internal Revenue Code: (i) in assessing any building
13with 7 or more units, the assessment officer must consider the
14actual or projected net operating income attributable to the
15property, capitalized at rates for similarly encumbered
16Section 42 properties; and (ii) in assessing any building with
176 units or less, the assessment officer, prior to finalizing
18and certifying assessments to the Board of Review, shall
19reassess the building considering the actual or projected net
20operating income attributable to the property, capitalized at
21rates for similarly encumbered Section 42 properties. The
22capitalization rate for items (i) and (ii) shall be one that
23reflects the prevailing cost of capital for other types of
24similarly encumbered Section 42 properties in the geographic
25market in which the low-income housing project is located.
26    All low-income housing projects that seek to be assessed



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1in accordance with the provisions of this Section shall
2certify to the appropriate local assessment officer that the
3owner or owners qualify for the Low-Income Housing Tax Credit
4under Section 42 of the Internal Revenue Code for the
5property, in a form prescribed by that assessment officer.
6(Source: P.A. 91-502, eff. 8-13-99; 92-16, eff. 6-28-01.)
7    (35 ILCS 200/15-178 new)
8    Sec. 15-178. Reduction in assessed value for affordable
9rental housing construction or rehabilitation.
10    (a) The General Assembly finds that there is a shortage of
11high quality affordable rental homes for low-income and
12very-low-income households throughout Illinois; that owners
13and developers of rental housing face significant challenges
14building newly constructed apartments or undertaking
15rehabilitation of existing properties that results in rents
16that are affordable for low-income and very-low-income
17households; and that it will help Cook County and other parts
18of Illinois address the extreme shortage of affordable rental
19housing by developing a Statewide policy to determine the
20assessed value for newly constructed and rehabilitated
21affordable rental housing that both encourages investment and
22incentivizes property owners to keep rents affordable.
23    (b) Each chief county assessment officer shall implement
24special assessment programs to reduce the assessed value of
25all eligible newly constructed residential real property or



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1qualifying rehabilitation to all eligible existing residential
2real property in accordance with subsection (c) for 10 taxable
3years after the newly constructed residential real property or
4improvements to existing residential real property are put in
5service. Any county with less than 3,000,000 inhabitants may
6decide not to implement one or both of the special assessment
7programs defined in in subparagraph (1) of subsection (c) of
8this Section and subparagraph (2) of subsection (c) of this
9Section upon passage of an ordinance by a majority vote of the
10county board. Subsequent to a vote to opt out of this special
11assessment program, any county with less than 3,000,000
12inhabitants may decide to implement one or both of the special
13assessment programs defined in in subparagraph (1) of
14subsection (c) of this Section and subparagraph (2) of
15subsection (c) of this Section upon passage of an ordinance by
16a majority vote of the county board. Property is eligible for
17the special assessment program if and only if all of the
18following factors have been met:
19        (1) at the conclusion of the new construction or
20    qualifying rehabilitation, the property consists of a
21    newly constructed multifamily building containing 7 or
22    more rental dwelling units or an existing multifamily
23    building that has undergone qualifying rehabilitation
24    resulting in 7 or more rental dwelling units; and
25        (2) the property meets the application requirements
26    defined in subsection (f).



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1    (c) For those counties that are required to implement the
2special assessment program and do not opt out of such special
3assessment program, the chief county assessment officer for
4that county shall require that residential real property is
5eligible for the special assessment program if and only if one
6of the additional factors have been met:
7        (1) except as defined in subparagraphs (E), (F), and
8    (G) of paragraph (5) of subsection (f) of this Section,
9    prior to the newly constructed residential real property
10    or improvements to existing residential real property
11    being put in service, the owner of the residential real
12    property commits that, for a period of 10 years, at least
13    15% of the multifamily building's units will have rents as
14    defined in this Section that are at or below maximum rents
15    and are occupied by households with household incomes at
16    or below maximum income limits; or
17        (2) except as defined in subparagraphs (E), (F), and
18    (G) of paragraph (5) of subsection (f) of this Section,
19    prior to the newly constructed residential real property
20    located in a low affordability community being put in
21    service, the owner of the residential real property
22    commits that, for a period of 30 years after the newly
23    constructed residential real property or improvements to
24    existing residential real property are put in service, at
25    least 20% of the multifamily building's units will have
26    rents as defined in this Section that are at or below



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1    maximum rents and are occupied by households with
2    household incomes at or below maximum income limits.
3    If a reduction in assessed value is granted under one
4special assessment program provided for in this Section, then
5that same residential real property is not eligible for an
6additional special assessment program under this Section at
7the same time.
8    (d) The amount of the reduction in assessed value for
9residential real property meeting the conditions set forth in
10subparagraph (1) of subsection (c) shall be calculated as
12        (1) if the owner of the residential real property
13    commits for a period of at least 10 years that at least 15%
14    but fewer than 35% of the multifamily building's units
15    have rents at or below maximum rents and are occupied by
16    households with household incomes at or below maximum
17    income limits, the assessed value of the property used to
18    calculate the tax bill shall be reduced by an amount equal
19    to 25% of the assessed value of the property as determined
20    by the assessor for the property in the current taxable
21    year for the newly constructed residential real property
22    or based on the improvements to an existing residential
23    real property; and
24        (2) if the owner of the residential real property
25    commits for a period of at least 10 years that at least 35%
26    of the multifamily building's units have rents at or below



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1    maximum rents and are occupied by households with
2    household incomes at or below maximum income limits, the
3    assessed value of the property used to calculate the tax
4    bill shall be reduced by an amount equal to 35% of the
5    assessed value of the property as determined by the
6    assessor for the property in the current assessment year
7    for the newly constructed residential real property or
8    based on the improvements to an existing residential real
9    property.
10    (e) The amount of the reduction for residential real
11property meeting the conditions set forth in subparagraph (2)
12of subsection (c) shall be calculated as follows:
13        (1) for the first, second, and third taxable year
14    after the residential real property is placed in service,
15    the residential real property is entitled to a reduction
16    in its assessed value in an amount equal to the difference
17    between the assessed value in the year for which the
18    incentive is sought and the assessed value for the
19    residential real property in the base year;
20        (2) for the fourth, fifth, and sixth taxable year
21    after the residential real property is placed in service,
22    the property is entitled to a reduction in its assessed
23    value in an amount equal to 80% 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        (3) for the seventh, eighth, and ninth taxable year
2    after the property is placed in service, the residential
3    real property is entitled to a reduction in its assessed
4    value in an amount equal to 60% of the difference between
5    the assessed value in the year for which the incentive is
6    sought and the assessed value for the residential real
7    property in the base year;
8        (4) for the tenth, eleventh, and twelfth taxable year
9    after the residential real property is placed in service,
10    the residential real property is entitled to a reduction
11    in its assessed value in an amount equal to 40% of the
12    difference between the assessed value in the year for
13    which the incentive is sought and the assessed value for
14    the residential real property in the base year; and
15        (5) for the thirteenth through the thirtieth taxable
16    year after the residential real property is placed in
17    service, the residential real property is entitled to a
18    reduction in its assessed value in an amount equal to 20%
19    of the difference between the assessed value in the year
20    for which the incentive is sought and the assessed value
21    for the residential real property in the base year.
22    (f) Application requirements.
23        (1) In order to receive the reduced valuation under
24    this Section, the owner must submit an application
25    containing the following information to the chief county
26    assessment officer for review in the form and by the date



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1    required by the chief county assessment officer:
2            (A) the owner's name;
3            (B) the postal address and permanent index number
4        or numbers of the parcel or parcels for which the owner
5        is applying to receive reduced valuation under this
6        Section;
7            (C) a deed or other instrument conveying the
8        parcel or parcels to the current owner;
9            (D) written evidence that the new construction or
10        qualifying rehabilitation has been completed with
11        respect to the residential real property, including,
12        but not limited to, copies of building permits, a
13        notarized contractor's sworn affidavit, and
14        photographs of the interior and exterior of the
15        building after new construction or rehabilitation is
16        completed;
17            (E) written evidence that the residential real
18        property meets local building codes, or if there are
19        no local building codes, Housing Quality Standards, as
20        determined by the United States Department of Housing
21        and Urban Development;
22            (F) a list identifying the affordable units in
23        residential real property and a written statement that
24        the affordable units are comparable to the market rate
25        units in terms of unit type, number of bedrooms per
26        unit, quality of exterior appearance, energy



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1        efficiency, and overall quality of construction;
2            (G) a written schedule certifying the rents in
3        each affordable unit and a written statement that
4        these rents do not exceed the maximum rents allowable
5        for the area in which the residential real property is
6        located;
7            (H) documentation from the administering agency
8        verifying the owner's participation in a qualifying
9        income-based rental subsidy program as defined in
10        subsection (e) of this Section if units receiving
11        rental subsidies are to be counted among the
12        affordable units in order to meet the thresholds
13        defined in this Section;
14            (I) a written statement identifying the household
15        income for every household occupying an affordable
16        unit and certifying that the household income does not
17        exceed the maximum income limits allowable for the
18        area in which the residential real property is
19        located;
20            (J) a written statement that the owner has
21        verified and retained documentation of household
22        income for every household occupying an affordable
23        unit; and
24            (K) any additional information consistent with
25        this Section as reasonably required by the chief
26        county assessment officer, including, but not limited



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1        to, any information necessary to ensure compliance
2        with applicable local ordinances and to ensure the
3        owner is complying with the provisions of subparagraph
4        (F) of paragraph (4) of subsection (d) of this
5        Section.
6        (1.1) In order for a development to receive the
7    reduced valuation under subsection (e), the owner must
8    provide evidence to the county assessor's office of a
9    fully executed project labor agreement entered into with
10    the applicable local building trades council, prior to
11    commencement of any and all construction, building,
12    renovation, demolition, or any material change to the
13    structure or land.
14        (2) The application requirements contained in
15    paragraph (1) of subsection (f) are continuing
16    requirements for the duration of the reduction in assessed
17    value received and may be annually or periodically
18    verified by the chief county assessment officer for the
19    county whereby the benefit is being issued.
20        (3) In lieu of submitting an application containing
21    the information prescribed in paragraph (1) of subsection
22    (f), the chief county assessment officer may allow for
23    submission of a substantially similar certification
24    granted by the Illinois Housing Development Authority or a
25    comparable local authority provided that the chief county
26    assessment officer independently verifies the veracity of



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1    the certification with the Illinois Housing Development
2    Authority or comparable local authority.
3        (4) The chief county assessment officer shall notify
4    the owner as to whether or not the property meets the
5    requirements of this Section. If the property does not
6    meet the requirements of this Section, the chief county
7    assessment officer shall provide written notice of any
8    deficiencies to the owner, who shall then have 30 days
9    from the date of notification to provide supplemental
10    information showing compliance with this Section. The
11    chief county assessment officer shall, in its discretion,
12    grant additional time to cure any deficiency. If the owner
13    does not exercise this right to cure the deficiency, or if
14    the information submitted, in the sole judgment of the
15    chief county assessment officer, is insufficient to meet
16    the requirements of this Section, the chief county
17    assessment officer shall provide a written explanation of
18    the reasons for denial.
19        (5) The chief county assessment officer may charge a
20    reasonable application fee to offset the administrative
21    expenses associated with the program.
22        (6) The reduced valuation conferred by this Section is
23    limited as follows:
24            (A) The owner is eligible to apply for the reduced
25        valuation conferred by this Section beginning in the
26        first assessment year after the effective date of this



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1        amendatory Act of the 102nd General Assembly through
2        December 31, 2027. If approved, the reduction will be
3        effective for the current assessment year, which will
4        be reflected in the tax bill issued in the following
5        calendar year. Owners that are approved for the
6        reduced valuation under paragraph (1) of subsection
7        (c) of this Section before December 31, 2027 shall, at
8        minimum, be eligible for annual renewal of the reduced
9        valuation during an initial 10-year period if annual
10        certification requirements are met for each of the 10
11        years, as described in subparagraph (B) of paragraph
12        (4) of subsection (d) of this Section.
13            (B) Property receiving a reduction outlined in
14        paragraph (1) of subsection (c) of this Section shall
15        continue to be eligible for an initial period of up to
16        10 years if annual certification requirements are met
17        for each of the 10 years, but shall be extended for up
18        to 2 additional 10-year periods with annual renewals
19        if the owner continues to meet the requirements of
20        this Section, including annual certifications, and
21        excluding the requirements regarding new construction
22        or qualifying rehabilitation defined in subparagraph
23        (D) of paragraph (1) of this subsection.
24            (C) The annual certification materials in the year
25        prior to final year of eligibility for the reduction
26        in assessed value must include a dated copy of the



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1        written notice provided to tenants informing them of
2        the date of the termination if the owner is not seeking
3        a renewal.
4            (D) If the property is sold or transferred, the
5        purchaser or transferee must comply with all
6        requirements of this Section, excluding the
7        requirements regarding new construction or qualifying
8        rehabilitation defined in subparagraph (D) of
9        paragraph (1) of this subsection, in order to continue
10        receiving the reduction in assessed value. Purchasers
11        and transferees who comply with all requirements of
12        this Section excluding the requirements regarding new
13        construction or qualifying rehabilitation defined in
14        subparagraph (D) of paragraph (1) of this subsection
15        are eligible to apply for renewal on the schedule set
16        by the initial application.
17            (E) The owner may apply for the reduced valuation
18        if the residential real property meets all
19        requirements of this Section and the newly constructed
20        residential real property or improvements to existing
21        residential real property were put in service on or
22        after January 1, 2015. However, the initial 10-year
23        eligibility period or 30-year eligibility period,
24        depending on the applicable program, shall be reduced
25        by the number of years between the placed in service
26        date and the date the owner first receives this



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1        reduced valuation.
2            (F) The owner may apply for the reduced valuation
3        within 2 years after the newly constructed residential
4        real property or improvements to existing residential
5        real property are put in service. However, the initial
6        10-year eligibility period or 30-year eligibility
7        period, depending on the applicable program, shall be
8        reduced for the number of years between the placed in
9        service date and the date the owner first receives
10        this 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) At the completion of the assessment reduction
11        period described in this Section: the entire parcel
12        will be assessed as otherwise provided by law.
13    (e) For the purposes of this Section,
14    "Affordable units" means units that have rents that do not
15exceed the maximum rents as defined in this Section.
16    "Assessed value for the residential real property in the
17base year" means the value in effect at the end of the taxable
18year prior to the latter of: (1) the date of initial
19application; or (2) the date on which 20% of the total number
20of units in the property are occupied by eligible tenants
21paying eligible rent under this Section.
22    "Household income" includes the annual income for all the
23people who occupy a housing unit that is anticipated to be
24received from a source outside of the family during the
2512-month period following admission or the annual
26recertification, including related family members and all the



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1unrelated people who share the housing unit. Household income
2includes the sum total of the following income sources: wages,
3salaries and tips before any payroll deductions; net business
4income; interest and dividends; payments in lieu of earnings,
5such as unemployment and disability compensation, worker's
6compensation and severance pay; Social Security income,
7including lump-sum payments; payments from insurance policies,
8annuities, pensions, disability benefits and other types of
9periodic payments, alimony, child support, and other regular
10monetary contributions; and public assistance, except for
11assistance from the Supplemental Nutrition Assistance Program
12(SNAP). "Household income" does not include: earnings of
13children under age 18; temporary income such as cash gifts;
14reimbursement for medical expenses; lump-sums from
15inheritance, insurance payments, settlements for personal or
16property losses; student financial assistance paid directly to
17the student or to an educational institution; foster child
18care payments; receipts from government-funded training
19programs; assistance from the Supplemental Nutrition
20Assistance Program (SNAP).
21    "Low affordability community" means (1) a municipality or
22jurisdiction in which 40% or less of its total year-round
23housing units are affordable, as determined by the Illinois
24Housing Development Authority during the exemption
25determination process under the Affordable Housing Planning
26and Appeal Act; or (2) a jurisdiction located in a



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1municipality with 1,000,000 or more inhabitants that has been
2designated as a low affordability community by passage of a
3local ordinance by that municipality, specifying the census
4tract or property by permanent index number or numbers.
5    "Maximum income limits" means the maximum regular income
6limits for 60% of area median income for the geographic area in
7which the multifamily building is located for multifamily
8programs as determined by the United States Department of
9Housing and Urban Development and published annually by the
10Illinois Housing Development Authority.
11    "Maximum rent" means the maximum regular rent for 60% of
12the area median income for the geographic area in which the
13multifamily building is located for multifamily programs as
14determined by the United States Department of Housing and
15Urban Development and published annually by the Illinois
16Housing Development Authority. To be eligible for the reduced
17valuation defined in this Section, maximum rents are to be
18consistent with the Illinois Housing Development Authority's
19rules; or if the owner is leasing an affordable unit to a
20household with an income at or below the maximum income limit
21who is participating in qualifying income-based rental subsidy
22program, "maximum rent" means the maximum rents allowable
23under the guidelines of the qualifying income-based rental
24subsidy program.
25    "Qualifying income-based rental subsidy program" means a
26Housing Choice Voucher issued by a housing authority under



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1Section 8 of the United States Housing Act of 1937, a tenant
2voucher converted to a project-based voucher by a housing
3authority or any other program administered or funded by a
4housing authority, the Illinois Housing Development Authority,
5another State agency, a federal agency, or a unit of local
6government where participation is limited to households with
7incomes at or below the maximum income limits as defined in
8this Section and the tenants' portion of the rent payment is
9based on a percentage of their income or a flat amount that
10does not exceed the maximum rent as defined in this Section.
11    "Qualifying rehabilitation" means, at a minimum,
12compliance with local building codes and the replacement or
13renovation of at least 2 primary building systems to be
14approved for the reduced valuation under paragraph (1) of
15subsection (d) of this Section and at least 5 primary building
16systems to be approved for the reduced valuation under
17paragraph (2) of subsection (d) of this Section. Although the
18cost of each primary building system may vary, to be approved
19for the reduced valuation under paragraph (1) of subsection
20(d) of this Section, the combined expenditure for making the
21building compliant with local codes and replacing primary
22building systems must be at least $8 per square foot for work
23completed between January 1 of the year in which this
24amendatory Act of the 102nd General Assembly takes effect and
25December 31 of the year in which this amendatory Act of the
26102nd General Assembly takes effect and, in subsequent years,



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1$8 adjusted by the Consumer Price Index for All Urban
2Consumers, as published annually by the U.S. Department of
3Labor. To be approved for the reduced valuation under
4paragraph (2) of subsection (d) of this Section, the combined
5expenditure for making the building compliant with local codes
6and replacing primary building systems must be at least $12.50
7per square foot for work completed between January 1 of the
8year in which this amendatory Act of the 102nd General
9Assembly takes effect and December 31 of the year in which this
10amendatory Act of the 102nd General Assembly takes effect, and
11in subsequent years, $12.50 adjusted by the Consumer Price
12Index for All Urban Consumers, as published annually by the
13U.S. Department of Labor. To be approved for the reduced
14valuation under subsection (e) of this Section, the combined
15expenditure for making the building compliant with local codes
16and replacing primary building systems must be at least $60
17per square foot for work completed between January 1 of the
18year that this amendatory Act of the 102nd General Assembly
19becomes effective and December 31 of the year that this
20amendatory Act of the 102nd General Assembly becomes effective
21and, in subsequent years, $60 adjusted by the Consumer Price
22Index for All Urban Consumers, as published annually by the
23U.S. Department of Labor. "Primary building systems", together
24with their related rehabilitations, specifically approved for
25this program are:
26        (1) Electrical. All electrical work must comply with



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1    applicable codes; it may consist of a combination of any
2    of the following alternatives:
3            (A) installing individual equipment and appliance
4        branch circuits as required by code (the minimum being
5        a kitchen appliance branch circuit);
6            (B) installing a new emergency service, including
7        emergency lighting with all associated conduits and
8        wiring;
9            (C) rewiring all existing feeder conduits ("home
10        runs") from the main switchgear to apartment area
11        distribution panels;
12            (D) installing new in-wall conduits for
13        receptacles, switches, appliances, equipment, and
14        fixtures;
15            (E) replacing power wiring for receptacles,
16        switches, appliances, equipment, and fixtures;
17            (F) installing new light fixtures throughout the
18        building including closets and central areas;
19            (G) replacing, adding, or doing work as necessary
20        to bring all receptacles, switches, and other
21        electrical devices into code compliance;
22            (H) installing a new main service, including
23        conduit, cables into the building, and main disconnect
24        switch; and
25            (I) installing new distribution panels, including
26        all panel wiring, terminals, circuit breakers, and all



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1        other panel devices.
2        (2) Heating. All heating work must comply with
3    applicable codes; it may consist of a combination of any
4    of the following alternatives:
5            (A) installing a new system to replace one of the
6        following heat distribution systems:
7                (i) piping and heat radiating units, including
8            new main line venting and radiator venting; or
9                (ii) duct work, diffusers, and cold air
10            returns; or
11                (iii) any other type of existing heat
12            distribution and radiation/diffusion components;
13            or
14            (B) installing a new system to replace one of the
15        following heat generating units:
16                (i) hot water/steam boiler;
17                (ii) gas furnace; or
18                (iii) any other type of existing heat
19            generating unit.
20        (3) Plumbing. All plumbing work must comply with
21    applicable codes. Replace all or a part of the in-wall
22    supply and waste plumbing; however, main supply risers,
23    waste stacks and vents, and code-conforming waste lines
24    need not be replaced.
25        (4) Roofing. All roofing work must comply with
26    applicable codes; it may consist of either of the



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1    following alternatives, separately or in combination:
2            (A) replacing all rotted roof decks and
3        insulation; or
4            (B) replacing or repairing leaking roof membranes
5        (10% is the suggested minimum replacement of
6        membrane); restoration of the entire roof is an
7        acceptable substitute for membrane replacement.
8        (5) Exterior doors and windows. Replace the exterior
9    doors and windows. Renovation of ornate entry doors is an
10    acceptable substitute for replacement.
11        (6) Floors, walls, and ceilings. Finishes must be
12    replaced or covered over with new material. Acceptable
13    replacement or covering materials are as follows:
14            (A) floors must have new carpeting, vinyl tile,
15        ceramic, refurbished wood finish, or a similar
16        substitute;
17            (B) walls must have new drywall, including joint
18        taping and painting; or
19            (C) new ceilings must be either drywall, suspended
20        type, or a similar material.
21        (7) Exterior walls.
22            (A) replace loose or crumbling mortar and masonry
23        with new material;
24            (B) replace or paint wall siding and trim as
25        needed;
26            (C) bring porches and balconies to a sound



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1        condition; or
2            (D) any combination of (A), (B), and (C).
3        (8) Elevators. Where applicable, at least 4 of the
4    following 7 alternatives must be accomplished:
5            (A) replace or rebuild the machine room controls
6        and refurbish the elevator machine (or equivalent
7        mechanisms in the case of hydraulic elevators);
8            (B) replace hoistway electro-mechanical items
9        including: ropes, switches, limits, buffers, levelers,
10        and deflector sheaves (or equivalent mechanisms in the
11        case of hydraulic elevators);
12            (C) replace hoistway wiring;
13            (D) replace door operators and linkage;
14            (E) replace door panels at each opening;
15            (F) replace hall stations, car stations, and
16        signal fixtures; or
17            (G) rebuild the car shell and refinish the
18        interior.
19        (9) Health and safety.
20            (A) Install or replace fire suppression systems;
21            (B) install or replace security systems; or
22            (C) environmental remediation of lead-based paint,
23        asbestos, leaking underground storage tanks, or radon.
24        (10) Energy conservation improvements undertaken to
25    limit the amount of solar energy absorbed by a building's
26    roof or to reduce energy use for the property, including,



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1    but not limited to, any of the following activities:
2            (A) installing or replacing reflective roof
3        coatings (flat roofs);
4            (B) installing or replacing R-49 roof insulation;
5            (C) installing or replacing R-19 perimeter wall
6        insulation;
7            (D) installing or replacing insulated entry doors;
8            (E) installing or replacing Low E, insulated
9        windows;
10            (F) installing or replacing WaterSense labeled
11        plumbing fixtures;
12            (G) installing or replacing 90% or better sealed
13        combustion heating systems;
14            (H) installing Energy Star hot water heaters;
15            (I) installing or replacing mechanical ventilation
16        to exterior for kitchens and baths;
17            (J) installing or replacing Energy Star
18        appliances;
19            (K) installing or replacing Energy Star certified
20        lighting in common areas; or
21            (L) installing or replacing grading and
22        landscaping to promote on-site water retention if the
23        retained water is used to replace water that is
24        provided from a municipal source.
25        (11) Accessibility improvements. All accessibility
26    improvements must comply with applicable codes. An owner



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1    may make accessibility improvements to residential real
2    property to increase access for people with disabilities.
3    As used in this paragraph (11), "disability" has the
4    meaning given to that term in the Illinois Human Rights
5    Act. As used in this paragraph (11), "accessibility
6    improvements" means a home modification listed under the
7    Home Services Program administered by the Department of
8    Human Services (Part 686 of Title 89 of the Illinois
9    Administrative Code) including, but not limited to:
10    installation of ramps, grab bars, or wheelchair lifts;
11    widening doorways or hallways; re-configuring rooms and
12    closets; and any other changes to enhance the independence
13    of people with disabilities.
14        (12) Any applicant who has purchased the property in
15    an arm's length transaction not more than 90 days before
16    applying for this reduced valuation may use the cost of
17    rehabilitation or repairs required by documented code
18    violations, up to a maximum of $2 per square foot, to meet
19    the qualifying rehabilitation requirements.
20    Section 5-25. The Affordable Housing Planning and Appeal
21Act is amended by changing Sections 15, 25, and 50 and by
22adding Section 70 as follows:
23    (310 ILCS 67/15)
24    Sec. 15. Definitions. As used in this Act:



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1    "Affordable housing" means housing that has a value or
2cost or rental amount that is within the means of a household
3that may occupy moderate-income or low-income housing. In the
4case of owner-occupied dwelling units, housing that is
5affordable means housing in which mortgage, amortization,
6taxes, insurance, and condominium or association fees, if any,
7constitute no more than 30% of the gross annual household
8income for a household of the size that may occupy the unit. In
9the case of dwelling units for rent, housing that is
10affordable means housing for which the rent, any required
11parking, maintenance, landlord-imposed fees, and utilities
12constitute no more than 30% of the gross annual household
13income for a household of the size that may occupy the unit.
14    "Affordable housing developer" means a nonprofit entity,
15limited equity cooperative or public agency, or private
16individual, firm, corporation, or other entity seeking to
17build an affordable housing development.
18    "Affordable housing development" means (i) any housing
19that is subsidized by the federal or State government or (ii)
20any housing in which at least 20% of the dwelling units are
21subject to covenants or restrictions that require that the
22dwelling units be sold or rented at prices that preserve them
23as affordable housing for a period of at least 15 years, in the
24case of owner-occupied housing, and at least 30 years, in the
25case of rental housing.
26    "Approving authority" means the governing body of the



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1county or municipality.
2    "Area median household income" means the median household
3income adjusted for family size for applicable income limit
4areas as determined annually by the federal Department of
5Housing and Urban Development under Section 8 of the United
6States Housing Act of 1937.
7    "Community land trust" means a private, not-for-profit
8corporation organized exclusively for charitable, cultural,
9and other purposes and created to acquire and own land for the
10benefit of the local government, including the creation and
11preservation of affordable housing.
12    "Development" means any building, construction,
13renovation, or excavation or any material change in any
14structure or land, or change in the use of such structure or
15land, that results in a net increase in the number of dwelling
16units in a structure or on a parcel of land by more than one
17dwelling unit.
18    "Exempt local government" means any local government in
19which at least 10% of its total year-round housing units are
20affordable, as determined by the Illinois Housing Development
21Authority pursuant to Section 20 of this Act; or any
22municipality under 1,000 population.
23    "Household" means the person or persons occupying a
24dwelling unit.
25    "Housing trust fund" means a separate fund, either within
26a local government or between local governments pursuant to



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1intergovernmental agreement, established solely for the
2purposes authorized in subsection (d) of Section 25,
3including, without limitation, the holding and disbursing of
4financial resources to address the affordable housing needs of
5individuals or households that may occupy low-income or
6moderate-income housing.
7    "Local government" means a county or municipality.
8    "Low-income housing" means housing that is affordable,
9according to the federal Department of Housing and Urban
10Development, for either home ownership or rental, and that is
11occupied, reserved, or marketed for occupancy by households
12with a gross household income that does not exceed 50% of the
13area median household income.
14    "Moderate-income housing" means housing that is
15affordable, according to the federal Department of Housing and
16Urban Development, for either home ownership or rental, and
17that is occupied, reserved, or marketed for occupancy by
18households with a gross household income that is greater than
1950% but does not exceed 80% of the area median household
21    "Non-appealable local government requirements" means all
22essential requirements that protect the public health and
23safety, including any local building, electrical, fire, or
24plumbing code requirements or those requirements that are
25critical to the protection or preservation of the environment.
26(Source: P.A. 98-287, eff. 8-9-13.)



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1    (310 ILCS 67/25)
2    Sec. 25. Affordable housing plan.
3    (a) Prior to April 1, 2005, all non-exempt local
4governments must approve an affordable housing plan. Any local
5government that is determined by the Illinois Housing
6Development Authority under Section 20 to be non-exempt for
7the first time based on the recalculation of U.S. Census
8Bureau data after 2010 shall have 18 months from the date of
9notification of its non-exempt status to approve an affordable
10housing plan under this Act. On and after the effective date of
11this amendatory Act of the 102nd General Assembly, an
12affordable housing plan, or any revision thereof, shall not be
13adopted by a non-exempt local government until notice and
14opportunity for public hearing have first been afforded.
15    (b) For the purposes of this Act, the affordable housing
16plan shall consist of at least the following:
17        (i) a statement of the total number of affordable
18    housing units that are necessary to exempt the local
19    government from the operation of this Act as defined in
20    Section 15 and Section 20;
21        (ii) an identification of lands within the
22    jurisdiction that are most appropriate for the
23    construction of affordable housing and of existing
24    structures most appropriate for conversion to, or
25    rehabilitation for, affordable housing, including a



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1    consideration of lands and structures of developers who
2    have expressed a commitment to provide affordable housing
3    and lands and structures that are publicly or
4    semi-publicly owned;
5        (iii) incentives that local governments may provide
6    for the purpose of attracting affordable housing to their
7    jurisdiction; and
8        (iv) a goal of a minimum of 15% of all new development
9    or redevelopment within the local government that would be
10    defined as affordable housing in this Act; or a minimum of
11    a 3 percentage point increase in the overall percentage of
12    affordable housing within its jurisdiction, as described
13    in subsection (b) of Section 20 of this Act; or a minimum
14    of a total of 10% affordable housing within its
15    jurisdiction as described in subsection (b) of Section 20
16    of this Act. These goals may be met, in whole or in part,
17    through the creation of affordable housing units under
18    intergovernmental agreements as described in subsection
19    (e) of this Section.
20    (c) Within 60 days after the adoption of an affordable
21housing plan or revisions to its affordable housing plan, the
22local government must submit a copy of that plan to the
23Illinois Housing Development Authority.
24    (d) In order to promote the goals of this Act and to
25maximize the creation, establishment, or preservation of
26affordable housing throughout the State of Illinois, a local



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1government, whether exempt or non-exempt under this Act, may
2adopt the following measures to address the need for
3affordable housing:
4        (1) Local governments may individually or jointly
5    create or participate in a housing trust fund or otherwise
6    provide funding or support for the purpose of supporting
7    affordable housing, including, without limitation, to
8    support the following affordable housing activities:
9            (A) Housing production, including, without
10        limitation, new construction, rehabilitation, and
11        adaptive re-use.
12            (B) Acquisition, including, without limitation,
13        land, single-family homes, multi-unit buildings, and
14        other existing structures that may be used in whole or
15        in part for residential use.
16            (C) Rental payment assistance.
17            (D) Home-ownership purchase assistance.
18            (E) Preservation of existing affordable housing.
19            (F) Weatherization.
20            (G) Emergency repairs.
21            (H) Housing related support services, including
22        homeownership education and financial counseling.
23            (I) Grants or loans to not-for-profit
24        organizations engaged in addressing the affordable
25        housing needs of low-income and moderate-income
26        households.



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1        Local governments may authorize housing trust funds to
2    accept and utilize funds, property, and other resources
3    from all proper and lawful public and private sources so
4    long as those funds are used solely for addressing the
5    affordable housing needs of individuals or households that
6    may occupy low-income or moderate-income housing.
7        (2) A local government may create a community land
8    trust, which may: acquire developed or undeveloped
9    interests in real property and hold them for affordable
10    housing purposes; convey such interests under long-term
11    leases, including ground leases; convey such interests for
12    affordable housing purposes; and retain an option to
13    reacquire any such real property interests at a price
14    determined by a formula ensuring that such interests may
15    be utilized for affordable housing purposes.
16        (3) A local government may use its zoning powers to
17    require the creation and preservation of affordable
18    housing as authorized under Section 5-12001 of the
19    Counties Code and Section 11-13-1 of the Illinois
20    Municipal Code.
21        (4) A local government may accept donations of money
22    or land for the purpose of addressing the affordable
23    housing needs of individuals or households that may occupy
24    low-income or moderate-income housing. These donations may
25    include, without limitation, donations of money or land
26    from persons, as long as the donations are demonstrably



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1    used to preserve, create, or subsidize low-income housing
2    or moderate-income housing within the jurisdiction in lieu
3    of building affordable housing.
4    (e) In order to encourage regional cooperation and the
5maximum creation of affordable housing in areas lacking such
6housing in the State of Illinois, any non-exempt local
7government may enter into intergovernmental agreements under
8subsection (e) of Section 25 with local governments within 10
9miles of its corporate boundaries in order to create
10affordable housing units to meet the goals of this Act. A
11non-exempt local government may not enter into an
12intergovernmental agreement, however, with any local
13government that contains more than 25% affordable housing as
14determined under Section 20 of this Act. All intergovernmental
15agreements entered into to create affordable housing units to
16meet the goals of this Act must also specify the basis for
17determining how many of the affordable housing units created
18will be credited to each local government participating in the
19agreement for purposes of complying with this Act. All
20intergovernmental agreements entered into to create affordable
21housing units to meet the goals of this Act must also specify
22the anticipated number of newly created affordable housing
23units that are to be credited to each local government
24participating in the agreement for purposes of complying with
25this Act. In specifying how many affordable housing units will
26be credited to each local government, the same affordable



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1housing unit may not be counted by more than one local
3    (f) To enforce compliance with the provisions of this
4Section, and to encourage local governments to submit their
5affordable housing plans to the Illinois Housing Development
6Authority in a timely manner, the Illinois Housing Development
7Authority shall notify any local government and may notify the
8Office of the Attorney General that the local government is in
9violation of State law if the Illinois Housing Development
10Authority finds that the affordable housing plan submitted is
11not in substantial compliance with this Section or that the
12local government failed to submit an affordable housing plan.
13The Attorney General may enforce this provision of the Act by
14an action for mandamus or injunction or by means of other
15appropriate relief.
16(Source: P.A. 98-287, eff. 8-9-13.)
17    (310 ILCS 67/50)
18    Sec. 50. Housing Appeals Board.
19    (a) Prior to January 1, 2008, a Housing Appeals Board
20shall be created consisting of 7 members appointed by the
21Governor as follows:
22        (1) a retired circuit judge or retired appellate
23    judge, who shall act as chairperson;
24        (2) a zoning board of appeals member;
25        (3) a planning board member;



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1        (4) a mayor or municipal council or board member;
2        (5) a county board member;
3        (6) an affordable housing developer; and
4        (7) an affordable housing advocate.
5    In addition, the Chairman of the Illinois Housing
6Development Authority, ex officio, shall serve as a non-voting
7member. No more than 4 of the appointed members may be from the
8same political party. Appointments under items (2), (3), and
9(4) shall be from local governments that are not exempt under
10this Act.
11    (b) Initial terms of 4 members designated by the Governor
12shall be for 2 years. Initial terms of 3 members designated by
13the Governor shall be for one year. Thereafter, members shall
14be appointed for terms of 2 years. After a member's term
15expires, the member shall continue to serve until a successor
16is appointed. There shall be no limit to the number of terms an
17appointee may serve. A member shall receive no compensation
18for his or her services, but shall be reimbursed by the State
19for all reasonable expenses actually and necessarily incurred
20in the performance of his or her official duties. The board
21shall hear all petitions for review filed under this Act and
22shall conduct all hearings in accordance with the rules and
23regulations established by the chairperson. The Illinois
24Housing Development Authority shall provide space and clerical
25and other assistance that the Board may require.
26    (c) (Blank).



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1    (d) Any vacancies in the Housing Appeals Board shall be
2filled within 90 days of the vacancy.
3(Source: P.A. 98-287, eff. 8-9-13.)
4    (310 ILCS 67/70 new)
5    Sec. 70. Home rule application. Unless otherwise provided
6under this Act or otherwise in accordance with State law, a
7unit of local government, including a home rule unit, or any
8non-home rule county within the unincorporated territory of
9the county, may not regulate the activities described in this
10Act in a manner more restrictive than the regulation of those
11activities by the State under this Act. This Section is a
12limitation under subsection (i) of Section 6 of Article VII of
13the Illinois Constitution on the concurrent exercise by home
14rule units of powers and functions exercised by the State.

16    Section 99-99. Effective date. This Act takes effect upon
17becoming law.".