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1 | AN ACT concerning housing.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Affordable Housing Planning and Appeal Act | ||||||
5 | is amended by changing Sections 15, 20, 25, 30, and 50 as | ||||||
6 | follows:
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7 | (310 ILCS 67/15)
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8 | Sec. 15. Definitions. As used in this Act:
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9 | "Affordable housing" means housing that has a value or cost | ||||||
10 | sales price or rental amount
that is within the means of a | ||||||
11 | household that may occupy moderate-income or
low-income
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12 | housing. In the case of owner-occupied dwelling units for sale ,
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13 | housing that is affordable means housing in which mortgage, | ||||||
14 | amortization,
taxes, insurance, and condominium or association | ||||||
15 | fees, if any, constitute no
more than 30% of the gross annual | ||||||
16 | household income for a household of the size
that may occupy | ||||||
17 | the unit. In the case of dwelling units for rent, housing that
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18 | is affordable means housing for which the rent and utilities | ||||||
19 | constitute no more
than 30% of the gross annual household | ||||||
20 | income for a household of the size that
may occupy the unit.
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21 | "Affordable housing developer" means a nonprofit entity, | ||||||
22 | limited equity
cooperative or public agency, or private | ||||||
23 | individual, firm, corporation, or
other entity
seeking to build |
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1 | an affordable housing development.
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2 | "Affordable housing development" means (i) any housing | ||||||
3 | that is subsidized by
the federal or State government or (ii) | ||||||
4 | any housing in which at least 20% of
the dwelling units are | ||||||
5 | subject to covenants or restrictions that require that
the | ||||||
6 | dwelling units be sold or rented at prices that preserve them | ||||||
7 | as affordable
housing for a period of at least 15 years, in the | ||||||
8 | case of owner-occupied for-sale housing, and
at least 30 years, | ||||||
9 | in the case of rental housing.
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10 | "Approving authority" means the governing body of the | ||||||
11 | county or municipality. | ||||||
12 | "Area median household income" means the median household | ||||||
13 | income adjusted for family size for applicable income limit | ||||||
14 | areas as determined annually by the federal Department of | ||||||
15 | Housing and Urban Development under Section 8 of the United | ||||||
16 | States Housing Act of 1937.
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17 | "Community land trust" means a private, not-for-profit | ||||||
18 | corporation organized exclusively for charitable, cultural, | ||||||
19 | and other purposes and created to acquire and own land for the | ||||||
20 | benefit of the local government, including the creation and | ||||||
21 | preservation of affordable housing.
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22 | "Development" means any building, construction, | ||||||
23 | renovation, or excavation or
any material change in any | ||||||
24 | structure or land, or change in the
use
of such structure or | ||||||
25 | land, that results in a net increase in the number of dwelling | ||||||
26 | units in a structure or on a parcel of land by more than one |
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1 | dwelling unit.
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2 | "Exempt local government" means any local government in | ||||||
3 | which at least 10% of
its total year-round housing units are | ||||||
4 | affordable, as determined by the
Illinois Housing Development | ||||||
5 | Authority pursuant to Section 20 of this Act; or
any | ||||||
6 | municipality under 1,000 population.
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7 | "Household" means the person or persons occupying a | ||||||
8 | dwelling unit.
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9 | "Housing trust fund" means a separate fund, either within a | ||||||
10 | local government or between local governments pursuant to | ||||||
11 | intergovernmental agreement, established solely for the | ||||||
12 | purposes authorized in subsection (d) of Section 25, including, | ||||||
13 | without limitation, the holding and disbursing of financial | ||||||
14 | resources to address the affordable housing needs of | ||||||
15 | individuals or households that may occupy low-income or | ||||||
16 | moderate-income housing.
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17 | "Local government" means a county or municipality.
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18 | "Low-income housing" means housing that is affordable, | ||||||
19 | according to the
federal Department of Housing and Urban | ||||||
20 | Development, for either home ownership
or rental, and that is | ||||||
21 | occupied, reserved, or marketed for occupancy by
households | ||||||
22 | with a gross household income that does not exceed 50% of the | ||||||
23 | area median
household income.
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24 | "Moderate-income housing" means housing that is | ||||||
25 | affordable, according to the
federal Department of Housing and | ||||||
26 | Urban Development, for either home ownership
or
rental, and |
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1 | that is occupied, reserved, or marketed for occupancy by | ||||||
2 | households
with a gross household income that is greater than | ||||||
3 | 50% but does not exceed 80%
of the area median household | ||||||
4 | income.
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5 | "Non-appealable local government requirements" means all | ||||||
6 | essential
requirements that protect the public health and | ||||||
7 | safety, including any local
building, electrical, fire, or | ||||||
8 | plumbing code requirements or those requirements
that
are | ||||||
9 | critical to the protection or preservation of the environment.
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10 | (Source: P.A. 93-595, eff. 1-1-04; 93-678, eff. 6-28-04; | ||||||
11 | 94-303, eff. 7-21-05.)
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12 | (310 ILCS 67/20)
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13 | Sec. 20. Determination of exempt local governments.
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14 | (a) Beginning October 1, 2004, the Illinois Housing | ||||||
15 | Development Authority
shall determine which local governments | ||||||
16 | are exempt and not exempt from the
operation of this
Act based | ||||||
17 | on an identification of the total number of year-round housing | ||||||
18 | units
in the most
recent data from the U.S. Census Bureau | ||||||
19 | decennial census for each local government within the State and | ||||||
20 | by an
inventory of owner-occupied for-sale and rental | ||||||
21 | affordable housing units, as defined in this
Act, for each | ||||||
22 | local government from the U.S. Census Bureau decennial census | ||||||
23 | and other relevant
sources.
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24 | (b) The Illinois Housing Development Authority shall make | ||||||
25 | this determination
by:
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1 | (i) totaling the number of owner-occupied for-sale | ||||||
2 | housing units in each local government
that are affordable | ||||||
3 | to households with a gross household income that is less
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4 | than 80% of the median household income within the county | ||||||
5 | or primary
metropolitan statistical area;
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6 | (ii) totaling the number of rental units in each local | ||||||
7 | government that are
affordable to households with a gross | ||||||
8 | household income that is less than 60% of
the median | ||||||
9 | household income within the county or primary metropolitan
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10 | statistical
area;
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11 | (iii) adding the number of owner-occupied for-sale and | ||||||
12 | rental units for each local
government from items (i) and | ||||||
13 | (ii); and
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14 | (iv) dividing the sum of (iii) above by the total | ||||||
15 | number of year-round
housing units in the local government | ||||||
16 | as contained in the latest U.S. Census Bureau decennial
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17 | census and multiplying the result by 100 to determine the | ||||||
18 | percentage of
affordable housing units within the | ||||||
19 | jurisdiction of the local government.
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20 | (c) Beginning on the effective date of this amendatory Act | ||||||
21 | of the 98th General Assembly October 1, 2004 , the Illinois | ||||||
22 | Housing Development Authority
shall publish on an annual basis | ||||||
23 | a list of exempt and non-exempt local
governments and the data | ||||||
24 | that it
used to calculate its determination at least once every | ||||||
25 | 5 years . The data shall be shown for each local
government in | ||||||
26 | the State and for the State as a whole. Upon publishing a list |
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1 | of exempt and non-exempt local governments, the Illinois | ||||||
2 | Housing Development Authority shall notify a local government | ||||||
3 | that it is not exempt from the operation of this Act and | ||||||
4 | provide to it the data used to calculate its determination.
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5 | (d) A local government or developer of affordable housing | ||||||
6 | may appeal the
determination of the Illinois Housing | ||||||
7 | Development Authority as to whether the
local government is | ||||||
8 | exempt or non-exempt under this Act in connection with an
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9 | appeal
under Section 30 of this Act.
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10 | (Source: P.A. 93-595, eff. 1-1-04; 93-678, eff. 6-28-04.)
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11 | (310 ILCS 67/25)
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12 | Sec. 25. Affordable housing plan.
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13 | (a) Prior to April 1, 2005, all non-exempt local | ||||||
14 | governments must approve an
affordable housing plan. Any local | ||||||
15 | government that is determined by the Illinois Housing | ||||||
16 | Development Authority under Section 20 to be non-exempt for the | ||||||
17 | first time based on the recalculation of U.S. Census Bureau | ||||||
18 | decennial census data after 2010 shall have 18 months from the | ||||||
19 | date of notification of its non-exempt status to approve an | ||||||
20 | affordable housing plan under this Act.
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21 | (b) For the purposes of this Act, the affordable housing | ||||||
22 | plan shall consist
of at least the following:
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23 | (i) a statement of the total number of affordable | ||||||
24 | housing units that are
necessary to exempt the local | ||||||
25 | government from the operation of this Act as
defined in |
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1 | Section 15 and Section 20;
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2 | (ii) an identification of lands within the | ||||||
3 | jurisdiction that are most
appropriate for the | ||||||
4 | construction of affordable housing and of existing
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5 | structures most appropriate for conversion to, or | ||||||
6 | rehabilitation for,
affordable housing,
including a | ||||||
7 | consideration of lands and structures of developers who | ||||||
8 | have
expressed a commitment to provide affordable housing | ||||||
9 | and lands and structures
that are publicly or semi-publicly | ||||||
10 | owned;
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11 | (iii) incentives that local governments may provide | ||||||
12 | for the purpose of
attracting affordable housing to their | ||||||
13 | jurisdiction; and
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14 | (iv) a goal of a minimum of 15% of all new development | ||||||
15 | or
redevelopment within the local government that would be | ||||||
16 | defined as affordable
housing in this Act; or a minimum of | ||||||
17 | a 3 percentage point increase in the
overall percentage of | ||||||
18 | affordable housing within its jurisdiction, as
described | ||||||
19 | in subsection (b) of Section 20 of this Act; or a minimum | ||||||
20 | of a total of 10% affordable
housing
within its | ||||||
21 | jurisdiction as described in subsection (b) of Section 20 | ||||||
22 | of this Act. These goals may be met, in whole or in part, | ||||||
23 | through the creation of affordable housing units under | ||||||
24 | intergovernmental agreements as described in subsection | ||||||
25 | (e) of this Section.
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26 | (c) Within 60 days after the adoption of an affordable |
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1 | housing plan or
revisions to its affordable housing plan, the | ||||||
2 | local government must submit a
copy of that plan to the | ||||||
3 | Illinois Housing Development Authority.
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4 | (d) In order to promote the goals of this Act and to | ||||||
5 | maximize the creation, establishment, or preservation of | ||||||
6 | affordable housing throughout the State of Illinois, a local | ||||||
7 | government, whether exempt or non-exempt under this Act, may | ||||||
8 | adopt the following measures to address the need for affordable | ||||||
9 | housing: | ||||||
10 | (1) Local governments may individually or jointly | ||||||
11 | create or participate in a housing trust fund or otherwise | ||||||
12 | provide funding or support for the purpose of supporting | ||||||
13 | affordable housing, including, without limitation, to | ||||||
14 | support the following affordable housing activities: | ||||||
15 | (A) Housing production, including, without | ||||||
16 | limitation, new construction, rehabilitation, and | ||||||
17 | adaptive re-use. | ||||||
18 | (B) Acquisition, including, without limitation, | ||||||
19 | land, single-family homes, multi-unit buildings, and | ||||||
20 | other existing structures that may be used in whole or | ||||||
21 | in part for residential use. | ||||||
22 | (C) Rental payment assistance. | ||||||
23 | (D) Home-ownership purchase assistance. | ||||||
24 | (E) Preservation of existing affordable housing. | ||||||
25 | (F) Weatherization. | ||||||
26 | (G) Emergency repairs. |
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1 | (H) Housing related support services, including | ||||||
2 | homeownership education and financial counseling. | ||||||
3 | (I) Grants or loans to not-for-profit | ||||||
4 | organizations engaged in addressing the affordable | ||||||
5 | housing needs of low-income and moderate-income | ||||||
6 | households. | ||||||
7 | Local governments may authorize housing trust funds to | ||||||
8 | accept and utilize funds, property, and other resources | ||||||
9 | from all proper and lawful public and private sources so | ||||||
10 | long as those funds are used solely for addressing the | ||||||
11 | affordable housing needs of individuals or households that | ||||||
12 | may occupy low-income or moderate-income housing. | ||||||
13 | (2) A local government may create a community land | ||||||
14 | trust, which may: acquire developed or undeveloped | ||||||
15 | interests in real property and hold them for affordable | ||||||
16 | housing purposes; convey such interests under long-term | ||||||
17 | leases, including ground leases; convey such interests for | ||||||
18 | affordable housing purposes; and retain an option to | ||||||
19 | reacquire any such real property interests at a price | ||||||
20 | determined by a formula ensuring that such interests may be | ||||||
21 | utilized for affordable housing purposes. | ||||||
22 | (3) A local government may use its zoning powers to | ||||||
23 | require the creation and preservation of affordable | ||||||
24 | housing as authorized under Section 5-12001 of the Counties | ||||||
25 | Code and Section 11-13-1 of the Illinois Municipal Code. | ||||||
26 | (4) A local government may accept donations of money or |
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1 | land for the purpose of addressing the affordable housing | ||||||
2 | needs of individuals or households that may occupy | ||||||
3 | low-income or moderate-income housing. These donations may | ||||||
4 | include, without limitation, donations of money or land | ||||||
5 | from persons in lieu of building affordable housing. | ||||||
6 | (e) In order to encourage regional cooperation and the | ||||||
7 | maximum creation of affordable housing in areas lacking such | ||||||
8 | housing in the State of Illinois, any non-exempt local | ||||||
9 | government may enter into intergovernmental agreements under | ||||||
10 | subsection (e) of Section 25 with local governments within 10 | ||||||
11 | miles of its corporate boundaries in order to create affordable | ||||||
12 | housing units to meet the goals of this Act. A non-exempt local | ||||||
13 | government may not enter into an intergovernmental agreement, | ||||||
14 | however, with any local government that contains more than 25% | ||||||
15 | affordable housing as determined under Section 20 of this Act. | ||||||
16 | All intergovernmental agreements entered into to create | ||||||
17 | affordable housing units to meet the goals of this Act must | ||||||
18 | also specify the basis for determining how many of the | ||||||
19 | affordable housing units created will be credited to each local | ||||||
20 | government participating in the agreement for purposes of | ||||||
21 | complying with this Act. All intergovernmental agreements | ||||||
22 | entered into to create affordable housing units to meet the | ||||||
23 | goals of this Act must also specify the anticipated number of | ||||||
24 | newly created affordable housing units that are to be credited | ||||||
25 | to each local government participating in the agreement for | ||||||
26 | purposes of complying with this Act. In specifying how many |
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1 | affordable housing units will be credited to each local | ||||||
2 | government, the same affordable housing unit may not be counted | ||||||
3 | by more than one local government.
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4 | (Source: P.A. 93-595, eff. 1-1-04; 93-678, eff. 6-28-04; | ||||||
5 | 94-303, eff. 7-21-05.)
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6 | (310 ILCS 67/30)
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7 | Sec. 30. Appeal to State Housing Appeals Board.
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8 | (a) (Blank).
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9 | (b) Beginning January 1, 2009, an affordable housing | ||||||
10 | developer whose
application is either denied or approved with | ||||||
11 | conditions that in his or her
judgment render the
provision of | ||||||
12 | affordable housing infeasible may, within 45 days after the
| ||||||
13 | decision, appeal to the State Housing Appeals Board challenging | ||||||
14 | that decision
unless the municipality or county that rendered | ||||||
15 | the decision is exempt under
Section 15 of this Act. The | ||||||
16 | developer must submit information regarding why the
developer | ||||||
17 | believes he or she was unfairly denied or unreasonable | ||||||
18 | conditions
were placed upon the tentative approval of the | ||||||
19 | development. In the case of local governments that are | ||||||
20 | determined by the Illinois Housing Development Authority under | ||||||
21 | Section 20 to be non-exempt for the first time based on the | ||||||
22 | recalculation of U.S. Census Bureau decennial census data after | ||||||
23 | the effective date of this amendatory Act of the 98th General | ||||||
24 | Assembly 2010 , no developer may appeal to the State Housing | ||||||
25 | Appeals Board until 60 months after a local government has been |
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1 | notified of its non-exempt status.
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2 | (c) Beginning on the effective date of this amendatory Act | ||||||
3 | of the 98th General Assembly January 1, 2009 , the Board shall , | ||||||
4 | whenever possible, render a decision on the
appeal within 120 | ||||||
5 | days after the appeal is filed. The Board may extend the time
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6 | by which it will render a decision where circumstances outside
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7 | the Board's control make it infeasible for the Board to render
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8 | a decision within 120 days.
In any proceeding before the Board, | ||||||
9 | the affordable housing developer
bears the burden of | ||||||
10 | demonstrating that the proposed affordable housing development | ||||||
11 | (i) has been unfairly denied or (ii) has had
unreasonable | ||||||
12 | conditions
placed upon it by the decision of the local | ||||||
13 | government.
| ||||||
14 | (d) The Board shall dismiss any appeal if:
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15 | (i) the local government has adopted an affordable | ||||||
16 | housing plan as defined
in Section 25 of this Act and | ||||||
17 | submitted that plan to the Illinois Housing
Development | ||||||
18 | Authority within the time frame required by this Act; and
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19 | (ii) the local government has implemented its | ||||||
20 | affordable housing plan
and has met its goal as established | ||||||
21 | in its affordable housing plan as
defined in Section 25 of | ||||||
22 | this Act.
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23 | (e) The Board shall dismiss any appeal if the reason for | ||||||
24 | denying the
application or placing
conditions upon the approval | ||||||
25 | is a non-appealable local government
requirement
under Section | ||||||
26 | 15 of this Act.
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1 | (f) The Board may affirm, reverse, or modify the conditions | ||||||
2 | of, or add
conditions to, a decision made by the approving | ||||||
3 | authority. The decision of the
Board constitutes an order | ||||||
4 | directed to the approving authority and is binding
on the local | ||||||
5 | government.
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6 | (g) The appellate court has the exclusive jurisdiction to | ||||||
7 | review decisions
of the Board. Any appeal to the Appellate | ||||||
8 | Court of a final ruling by the State Housing Appeals Board may | ||||||
9 | be heard only in the Appellate Court for the District in which | ||||||
10 | the local government involved in the appeal is located.
The | ||||||
11 | appellate court shall apply the "clearly erroneous" standard | ||||||
12 | when reviewing such appeals. An appeal of a final ruling of the | ||||||
13 | Board shall be filed within 35 days after the
Board's decision | ||||||
14 | and in all respects shall be in accordance with Section 3-113 | ||||||
15 | of the Code of Civil Procedure.
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16 | (Source: P.A. 93-595, eff. 1-1-04; 94-303, eff. 7-21-05.)
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17 | (310 ILCS 67/50)
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18 | Sec. 50. Housing Appeals Board.
| ||||||
19 | (a) Prior to January 1, 2008, a Housing Appeals Board shall | ||||||
20 | be created
consisting of 7 members appointed by the Governor as | ||||||
21 | follows:
| ||||||
22 | (1) a retired circuit judge or retired appellate judge, | ||||||
23 | 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 | ||||||
6 | Development Authority, ex
officio, shall serve as a non-voting | ||||||
7 | member.
No more than 4 of the appointed members may be from the | ||||||
8 | same political party.
Appointments under items (2), (3), and | ||||||
9 | (4) shall be from local governments that
are not exempt under | ||||||
10 | this Act.
| ||||||
11 | (b) Initial terms of 4 members designated by the Governor | ||||||
12 | shall be for 2
years. Initial terms of 3 members designated by | ||||||
13 | the Governor shall be for one
year. Thereafter, members shall | ||||||
14 | be appointed for terms of 2 years. After a member's term | ||||||
15 | expires, the member shall continue to serve until a successor | ||||||
16 | is appointed. There shall be no limit to the number of terms an | ||||||
17 | appointee may serve. A member
shall receive no
compensation for | ||||||
18 | his or her services, but shall be reimbursed by the State for
| ||||||
19 | all reasonable expenses actually and necessarily incurred in | ||||||
20 | the performance of
his or her
official duties. The board shall | ||||||
21 | hear all petitions for review filed under this
Act and shall | ||||||
22 | conduct all hearings in accordance with the rules and | ||||||
23 | regulations
established by the chairperson. The Illinois | ||||||
24 | Housing Development Authority
shall provide space and
clerical | ||||||
25 | and other assistance that the Board may require.
| ||||||
26 | (c) (Blank).
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| |||||||
1 | (Source: P.A. 93-595, eff. 1-1-04; 94-303, eff. 7-21-05.)
| ||||||
2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law.
|