Illinois General Assembly - Full Text of SB2973
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Full Text of SB2973  101st General Assembly




State of Illinois
2019 and 2020


Introduced 2/4/2020, by Sen. Linda Holmes


310 ILCS 10/25  from Ch. 67 1/2, par. 25
310 ILCS 65/10  from Ch. 67 1/2, par. 1260
310 ILCS 65/18 new

    Amends the Housing Authorities Act. In provisions concerning the duties of a Housing Authority concerning rentals and tenant selection, provides that a Housing Authority shall not restrict any tenant from owning or maintaining one or more common household pets within the tenant's dwelling unit. Amends the Illinois Affordable Housing Act. Provides that a tenant of housing acquired, constructed, or rehabilitated with any money from the Illinois Affordable Housing Trust Fund that was designated for affordable housing for low and very low-income families shall be allowed to keep one or more common household pets, such as a dog or cat, regardless of breed, size, or weight within the tenant's residence in accordance with any applicable laws. Exempts service animals or service animals in training and any dog that has been deemed a dangerous or vicious dog from the provisions of the amendatory Act. Sets forth enforcement policies for affordable housing projects that allow residents to keep pets. Effective immediately.

LRB101 17851 KTG 67286 b





SB2973LRB101 17851 KTG 67286 b

1    AN ACT concerning housing.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Housing Authorities Act is amended by
5changing Section 25 as follows:
6    (310 ILCS 10/25)   (from Ch. 67 1/2, par. 25)
7    Sec. 25. Rentals and tenant selection. In the operation or
8management of housing projects an Authority shall at all times
9observe the following duties with respect to rentals and tenant
11    (a) It shall not accept any person as a tenant in any
12dwelling in a housing project if the persons who would occupy
13the dwelling have an aggregate annual income which equals or
14exceeds the amount which the Authority determines (which
15determination shall be conclusive) to be necessary in order to
16enable such persons to secure safe, sanitary and uncongested
17dwelling accommodations within the area of operation of the
18Authority and to provide an adequate standard of living for
20    (b) It may rent or lease the dwelling accommodations
21therein only at rentals within the financial reach of persons
22who lack the amount of income which it determines (pursuant to
23(a) of this Section) to be necessary in order to obtain safe,



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1sanitary and uncongested dwelling accommodations within the
2area of operation of the Authority and to provide an adequate
3standard of living.
4    (c) It may rent or lease to a tenant a dwelling consisting
5of the number of rooms (but no greater number) which it deems
6necessary to provide safe and sanitary accommodations to the
7proposed occupants thereof, without overcrowding.
8    (d) It shall not change the residency preference of any
9prospective tenant once the application has been accepted by
10the authority.
11    (e) It may refuse to certify or recertify applicants,
12current tenants, or other household members if, after due
13notice and an impartial hearing, that person or any of the
14proposed occupants of the dwelling has, prior to or during a
15term of tenancy or occupancy in any housing project operated by
16an Authority, been convicted of a criminal offense relating to
17the sale or distribution of controlled substances under the
18laws of this State, the United States or any other state. If an
19Authority desires a criminal history records check of all 50
20states or a 50-state confirmation of a conviction record, the
21Authority shall submit the fingerprints of the relevant
22applicant, tenant, or other household member to the Department
23of State Police in a manner prescribed by the Department of
24State Police. These fingerprints shall be checked against the
25fingerprint records now and hereafter filed in the Department
26of State Police and Federal Bureau of Investigation criminal



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1history records databases. The Department of State Police shall
2charge a fee for conducting the criminal history records check,
3which shall be deposited in the State Police Services Fund and
4shall not exceed the actual cost of the records check. The
5Department of State Police shall furnish pursuant to positive
6identification, records of conviction to the Authority.
7    (f) It may, if a tenant has created or maintained a threat
8constituting a serious and clear danger to the health or safety
9of other tenants or Authority employees, after 3 days' written
10notice of termination and without a hearing, file suit against
11any such tenant for recovery of possession of the premises. The
12tenant shall be given the opportunity to contest the
13termination in the court proceedings. A serious and clear
14danger to the health or safety of other tenants or Authority
15employees shall include, but not be limited to, any of the
16following activities of the tenant or of any other person on
17the premises with the consent of the tenant:
18        (1) Physical assault or the threat of physical assault.
19        (2) Illegal use of a firearm or other weapon or the
20    threat to use in an illegal manner a firearm or other
21    weapon.
22        (3) Possession of a controlled substance by the tenant
23    or any other person on the premises with the consent of the
24    tenant if the tenant knew or should have known of the
25    possession by the other person of a controlled substance,
26    unless the controlled substance was obtained directly from



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1    or pursuant to a valid prescription.
2        (4) Streetgang membership as defined in the Illinois
3    Streetgang Terrorism Omnibus Prevention Act.
4    (g) It shall not restrict any tenant from owning or
5maintaining one or more common household pets within the
6tenant's dwelling unit.
7    The management of low-rent public housing projects
8financed and developed under the U.S. Housing Act of 1937 shall
9be in accordance with that Act.
10    Nothing contained in this Section or any other Section of
11this Act shall be construed as limiting the power of an
12Authority to vest in a bondholder or trustee the right, in the
13event of a default by the Authority, to take possession and
14operate a housing project or cause the appointment of a
15receiver thereof, free from all restrictions imposed by this
16Section or any other Section of this Act.
17(Source: P.A. 93-418, eff. 1-1-04; 93-749, eff. 7-15-04.)
18    Section 10. The Illinois Affordable Housing Act is amended
19by changing Section 10 and by adding Section 18 as follows:
20    (310 ILCS 65/10)  (from Ch. 67 1/2, par. 1260)
21    Sec. 10. Trust Fund restrictions and stipulations. (a) All
22housing financed and all assistance provided from the Trust
23Fund shall be available to all eligible persons regardless of
24race, color, ancestry, unfavorable military discharge,



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1familial status, marital status, national origin, religion,
2creed, sex, age, or disability.
3    (b) There shall be, on all assisted housing, a deed
4restriction, agreement, or other legal document which provides
5for the recapture of assistance upon terms and conditions to be
6specified in rules and regulations promulgated by the Program
8    (c) Loans made by the Trust Fund may be at no interest or
9at below market interest rates, with or without security, and
10may include loans for predevelopment financing.
11    (d) Assistance may be provided for housing units for low
12and very low-income households within multi-family housing
13which is occupied partly by low and very low-income households
14and partly by households not qualifying as low or very
15low-income, subject to rules and regulations promulgated by the
16Program Administrator.
17    (e) Except to the extent provided in rules and regulations
18promulgated by the Program Administrator, no household shall be
19required to vacate or move from any assisted housing as a
20result of ceasing to qualify as a low or very low-income
21household under this Act.
22    (f) Rates not to exceed fair market rental may be charged
23to any person or household which occupies any single family
24housing or unit of multi-family housing for the period that
25person or household does not qualify as low or very low-income.
26    (g) All housing assisted by the Trust Fund shall provide a



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1residential antidisplacement and relocation assistance plan
2consistent with Section 507 of the federal Housing and
3Community Development Act of 1987.
4    (h) Multi-family housing assisted by the Trust Fund shall
5be prohibited from refusing to accept tenants for occupancy
6solely because the tenant receives governmental rental
8    (i) Trust Fund assisted multi-family housing is prohibited
9from evicting tenants without good cause.
10    (j) Assistance may be provided to housing whether or not
11such housing satisfies the definition of a "qualified
12residential rental project" set forth in Section 142 of the
13Internal Revenue Code of 1986, as amended.
14    (k) Housing assisted by the Trust Fund shall be required to
15meet energy efficiency standards which shall be established by
16the Program Administrator. Any review for affordability of
17assisted housing must include a review of energy costs.
18    (l) Manufactured housing which is manufactured entirely
19within the State shall be given priority over housing
20manufactured in whole or in part outside of the State.
21    (m) It is intended that Trust Fund monies not be used to
22supplant existing resources and that the Trust Fund shall be a
23funder of last resort.
24    (n) Prior to application of Trust Fund assets to provide
25assistance to affordable housing under this Act, Trust Fund
26assets may be invested in mortgage participation certificates



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1representing undivided interests in specified, first-lien
2conventional residential Illinois mortgages which are
3underwritten, insured, guaranteed or purchased by the Federal
4Home Loan Mortgage Corporation. Trust Fund assets may also be
5used in such investments as may be lawful for fiduciaries in
6this State or in such investments which shall reduce the risk
7associated with fluctuations in interest rates or market price
8of investments.
9    (o) A tenant of housing acquired, constructed, or
10rehabilitated with any money from the Trust Fund that was
11designated for affordable housing for low and very low-income
12families shall be allowed to keep one or more common household
13pets, such as a dog or cat, regardless of breed, size, or
14weight within the tenant's residence in accordance with any
15applicable laws. This subsection does not apply to service
16animals or service animals in training or to any dog that has
17been deemed a dangerous or vicious dog as provided under the
18Animal Control Act.
19(Source: P.A. 89-286, eff. 8-10-95.)
20    (310 ILCS 65/18 new)
21    Sec. 18. Pets in affordable housing projects.
22    (a) As used in this Section, "common household pet" means a
23domesticated animal, such as a dog (canis lupus familiaris) or
24cat (felis catus) which is commonly kept in the home for
25pleasure rather than for commercial purposes.



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1    (b) The enforcement of policies relating to keeping a pet
2within a residence shall include:
3        (1) compliance with noise and sanitation standards;
4        (2) registration of the common household pet with the
5    owner of the residential housing;
6        (3) restraint of the common household pet in common
7    areas of the residential housing;
8        (4) timely removal of common household pet excrement;
9        (5) vaccination and sterilization requirements; and
10        (6) enforcement of violations of the policy.
11    (c) Notwithstanding any other law to the contrary, a
12housing provider shall not be liable for injuries caused by an
13owner's common household pet permitted on the housing
14provider's property.
15    (d) Nothing in this Section shall be construed to limit or
16otherwise affect other statutes or laws that require reasonable
17accommodations to be made for an individual with a disability
18who maintains an animal to provide assistance, service, or
20    Section 99. Effective date. This Act takes effect upon
21becoming law.