SB1911 EngrossedLRB104 09605 HLH 19670 b

1    AN ACT concerning revenue.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Property Tax Code is amended by changing
5Section 15-178 as follows:
 
6    (35 ILCS 200/15-178)
7    Sec. 15-178. Affordable housing special assessment
8programs; reduction 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

 

 

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1special assessment programs to reduce the assessed value of
2all eligible newly constructed residential real property or
3qualifying rehabilitation to all eligible existing residential
4real property in accordance with subsection (c) for 10 taxable
5years after the newly constructed residential real property or
6the qualifying rehabilitation of a improvements to existing
7residential real property is are put in service. Any county
8with less than 3,000,000 inhabitants may decide not to
9implement one or both of the special assessment programs
10defined in subparagraph (1) of subsection (c) of this Section
11and subparagraph (2) of subsection (c) of this Section upon
12passage of an ordinance by a majority vote of the county board.
13Subsequent to a vote to opt out of this special assessment
14program, any county with less than 3,000,000 inhabitants may
15decide to implement one or both of the special assessment
16programs defined in subparagraph (1) of subsection (c) of this
17Section and subparagraph (2) of subsection (c) of this Section
18upon passage of an ordinance by a majority vote of the county
19board. A county opting out shall not disqualify or shorten the
20maximum eligibility periods for any property approved to
21receive a reduced valuation prior to the county opting out.
22The special assessment programs available under this Section
23shall be available to all qualifying developments regardless
24of whether or not the property has or is currently receiving
25any other public financing or subsidies or subject to any
26regulatory agreements with any public entity, or both. The

 

 

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1changes made to this subsection by this amendatory Act of the
2104th General Assembly are declarative of existing law and
3shall not be construed as a new enactment. Property is
4eligible for the special assessment program if and only if all
5of 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
16special assessment program and do not opt out of such special
17assessment program, the chief county assessment officer for
18that county shall require that residential real property is
19eligible for the special assessment program if and only if one
20of 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
21special assessment program provided for in this Section, then
22that same residential real property is not eligible for an
23additional special assessment program under this Section at
24the same time.
25    (d) The amount of the reduction in assessed value for
26residential real property meeting the conditions set forth in

 

 

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1subparagraph (1) of subsection (c) shall be calculated as
2follows:
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
4property meeting the conditions set forth in subparagraph (2)
5of 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
15exceed the maximum rents as defined in this Section.
16    "Assessed value for the residential real property in the
17base year" means the assessed value used to calculate the tax
18bill, as certified by the board of review, for the tax year
19immediately prior to the tax year in which the building permit
20is issued. For property assessed as other than residential
21property, the "assessed value for the residential real
22property in the base year" means the assessed value that would
23have been obtained had the property been classified as
24residential as derived from the board of review's certified
25market value.
26    "Consumer Price Index-u" means the index published by the

 

 

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1Bureau of Labor Statistics of the United States Department of
2Labor that measures the average change in prices of goods and
3services purchased by all urban consumers, United States city
4average, not seasonally adjusted, all items, 1982-84 = 100.
5    "Household income" includes the annual income for all the
6people who occupy a housing unit that is anticipated to be
7received from a source outside of the family during the
812-month period following admission or the annual
9recertification, including related family members and all the
10unrelated people who share the housing unit. Household income
11includes the total of the following income sources: wages,
12salaries and tips before any payroll deductions; net business
13income; interest and dividends; payments in lieu of earnings,
14such as unemployment and disability compensation, worker's
15compensation and severance pay; Social Security income,
16including lump sum payments; payments from insurance policies,
17annuities, pensions, disability benefits and other types of
18periodic payments, alimony, child support, and other regular
19monetary contributions; and public assistance, except for
20assistance from the Supplemental Nutrition Assistance Program
21(SNAP). "Household income" does not include: earnings of
22children under age 18; temporary income such as cash gifts;
23reimbursement for medical expenses; lump sums from
24inheritance, insurance payments, settlements for personal or
25property losses; student financial assistance paid directly to
26the student or to an educational institution; foster child

 

 

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1care payments; receipts from government-funded training
2programs; assistance from the Supplemental Nutrition
3Assistance Program (SNAP).
4    "Low affordability community" means (1) a municipality or
5jurisdiction with less than 1,000,000 inhabitants in which 40%
6or less of its total year-round housing units are affordable,
7as determined by the Illinois Housing Development Authority
8during the exemption determination process under the
9Affordable Housing Planning and Appeal Act; (2) "D" zoning
10districts as now or hereafter designated in the Chicago Zoning
11Ordinance; or (3) a jurisdiction located in a municipality
12with 1,000,000 or more inhabitants that has been designated as
13a low affordability community by passage of a local ordinance
14by that municipality, specifying the census tract or property
15by permanent index number or numbers.
16    "Maximum income limits" means the maximum regular income
17limits for 60% of area median income for the geographic area in
18which the multifamily building is located for multifamily
19programs as determined by the United States Department of
20Housing and Urban Development and published annually by the
21Illinois Housing Development Authority. A property may be
22deemed to have satisfied the maximum income limits with a
23weighted average if municipal, state, or federal laws,
24ordinances, rules, or regulations requires the use of a
25weighted average of no more than 60% of area median income for
26that property.

 

 

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1    "Maximum rent" means the maximum regular rent for 60% of
2the area median income for the geographic area in which the
3multifamily building is located for multifamily programs as
4determined by the United States Department of Housing and
5Urban Development and published annually by the Illinois
6Housing Development Authority. To be eligible for the reduced
7valuation defined in this Section, maximum rents are to be
8consistent with the Illinois Housing Development Authority's
9rules; or if the owner is leasing an affordable unit to a
10household with an income at or below the maximum income limit
11who is participating in qualifying income-based rental subsidy
12program, "maximum rent" means the maximum rents allowable
13under the guidelines of the qualifying income-based rental
14subsidy program. A property may be deemed to have satisfied
15the maximum rent with a weighted average if municipal, state,
16or federal laws, ordinances, rules, or regulations requires
17the use of a weighted average of no more than 60% of area
18median 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
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
17subsection (e) of this Section. Although the cost of each
18primary building system may vary, to be approved for the
19reduced valuation under paragraph (1) of subsection (d) of
20this Section, for work completed between January 1, 2021 and
21December 31, 2021, the combined expenditure for making the
22building compliant with local codes and replacing primary
23building systems must be at least $8 per square foot for work
24completed between January 1 of the year in which this
25amendatory Act of the 102nd General Assembly takes effect and
26December 31 of the year in which this amendatory Act of the

 

 

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1102nd General Assembly takes effect and, in subsequent years,
2$8 adjusted by the Consumer Price Index for All Urban
3Consumers, as published annually by the U.S. Department of
4Labor. For work completed in calendar years beginning on or
5after January 1, 2022, that combined expenditure amount shall
6be the combined expenditure amount necessary to be approved
7for the reduced valuation under paragraph (1) of subsection
8(d) of this Section in the immediately preceding calendar
9year, multiplied by one plus the percentage increase, if any,
10in the Consumer Price Index-u during the immediately preceding
11calendar year and rounded to the nearest penny. To be approved
12for the reduced valuation under paragraph (2) of subsection
13(d) of this Section, for work completed between January 1,
142021 and December 31, 2021, the combined expenditure for
15making the building compliant with local codes and replacing
16primary building systems must be at least $12.50 per square
17foot for work completed between January 1 of the year in which
18this amendatory Act of the 102nd General Assembly takes effect
19and December 31 of the year in which this amendatory Act of the
20102nd General Assembly takes effect, and in subsequent years,
21$12.50 adjusted by the Consumer Price Index for All Urban
22Consumers, as published annually by the U.S. Department of
23Labor. For work completed in calendar years beginning on or
24after January 1, 2022, that combined expenditure amount shall
25be the combined expenditure amount necessary to be approved
26for the reduced valuation under paragraph (2) of subsection

 

 

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1(d) of this Section in the immediately preceding calendar
2year, multiplied by one plus the percentage increase, if any,
3in the Consumer Price Index-u during the immediately preceding
4calendar year and rounded to the nearest penny. To be approved
5for the reduced valuation under subsection (e) of this
6Section, for work completed between January 1, 2021 and
7December 31, 2021, the combined expenditure for making the
8building compliant with local codes and replacing primary
9building systems must be at least $60 per square foot for work
10completed between January 1 of the year that this amendatory
11Act of the 102nd General Assembly becomes effective and
12December 31 of the year that this amendatory Act of the 102nd
13General Assembly becomes effective and, in subsequent years,
14$60 adjusted by the Consumer Price Index for All Urban
15Consumers, as published annually by the U.S. Department of
16Labor. For work completed in calendar years beginning on or
17after January 1, 2022, that combined expenditure amount shall
18be the combined expenditure amount necessary to be approved
19for the reduced valuation under subsection (e) of this Section
20in the immediately preceding calendar year, multiplied by one
21plus the percentage increase, if any, in the Consumer Price
22Index-u during the immediately preceding calendar year and
23rounded to the nearest penny. This amendatory Act of the 104th
24General Assembly is not intended to change the combined
25expenditure amounts determined before the effective date of
26this amendatory Act of the 104th General Assembly for any work

 

 

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1completed before January 1, 2026 and shall not be used as the
2basis for any appeal filed with the chief county assessment
3officer, the board of review, the Property Tax Appeal Board,
4or the circuit court with respect to the scope or meaning of
5the exemption under this Section for a tax year prior to tax
6year 2026.
7    For the purposes of administering this Section, by
8February 15, 2026, and by February 15 of each year thereafter,
9the Department of Revenue shall publish on its website the
10percentage increase, if any, in the Consumer Price Index-u for
11the immediately preceding calendar year, including historical
12annual increases in the Consumer Price Index-u going back to
13calendar year 2022. In counties with a population of 3,000,000
14or more, by March 15, 2026, and by March 15 of each year
15thereafter, the county assessor shall, using the data
16available on the Department of Revenue's website, calculate
17and make available on its website the combined expenditure
18amounts used in the definition of "qualified rehabilitation"
19for the applicable taxable year.
20     "Primary building systems", together with their related
21rehabilitations, 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.)