Illinois General Assembly - Full Text of SB2304
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Full Text of SB2304  102nd General Assembly

SB2304 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2304

 

Introduced 2/26/2021, by Sen. Ann Gillespie

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 200/15-178 new
310 ILCS 67/25
310 ILCS 67/70 new

    Amends the Property Tax Code. Provides for a reduction in assessed value for affordable rental housing construction or rehabilitation. Amends the Affordable Housing Planning and Appeal Act. Provides that an affordable housing plan, or any revision thereof, shall not be adopted by a non-exempt local government until notice and opportunity for public hearing have first been afforded. Makes other changes. Effective immediately.


LRB102 11469 HLH 16803 b

FISCAL NOTE ACT MAY APPLY
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2304LRB102 11469 HLH 16803 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 adding
5Section 15-178 as follows:
 
6    (35 ILCS 200/15-178 new)
7    Sec. 15-178. Reduction in assessed value for affordable
8rental housing construction or rehabilitation.
9    (a) Each chief county assessment officer shall implement a
10special assessment program to reduce the assessed value of all
11eligible newly constructed residential real property in
12accordance with subsection (b) for 30 taxable years after the
13newly constructed residential real property are put in
14service. Any county with less than 3,000,000 inhabitants may
15decide not to implement the special assessment defined in this
16Section upon passage of an ordinance by a majority vote of the
17county board. Subsequent to a vote to opt-out of this special
18assessment program, any county with less than 3,000,000
19inhabitants may decide to implement the special assessment
20program upon passage of an ordinance by a majority vote of the
21county board. Property is eligible for the program if and only
22if all of the following factors have been met:
23        (1) at the conclusion of the new construction, the

 

 

SB2304- 2 -LRB102 11469 HLH 16803 b

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

 

 

SB2304- 3 -LRB102 11469 HLH 16803 b

1    placed in service, the residential real property is
2    entitled to a reduction in its assessed value in an amount
3    equal to the difference between the assessed value in the
4    year for which the incentive is sought and the assessed
5    value for the residential real property in the base year;
6        (2) for the fourth, fifth, and sixth taxable year
7    after the residential real property or improvements are
8    placed in service, the property is entitled to a reduction
9    in its assessed value in an amount equal to 80% of the
10    difference between the assessed value in the year for
11    which the incentive is sought and the assessed value for
12    the residential real property in the base year;
13        (3) for the seventh, eighth, and ninth taxable year
14    after the property or improvements are placed in service,
15    the residential real property is entitled to a reduction
16    in its assessed value in an amount equal to 60% of the
17    difference between the assessed value in the year for
18    which the incentive is sought and the assessed value for
19    the residential real property in the base year;
20        (4) for the tenth, eleventh, and twelfth taxable year
21    after the residential real property or improvements are
22    placed in service, the residential real property is
23    entitled to a reduction in its assessed value in an amount
24    equal to 40% of the difference between the assessed value
25    in the year for which the incentive is sought and the
26    assessed value for the residential real property in the

 

 

SB2304- 4 -LRB102 11469 HLH 16803 b

1    base year; and
2        (5) for the thirteenth through the thirtieth taxable
3    year after the residential real property or improvements
4    are placed in service, the residential real property is
5    entitled to a reduction in its assessed value in an amount
6    equal to 20% of the difference between the assessed value
7    in the year for which the incentive is sought and the
8    assessed value for the residential real property in the
9    base year.
10    (d) Application requirements.
11        (1) In order to receive the reduced valuation under
12    this Section, the owner must submit an application
13    containing the following information to the chief county
14    assessment officer for review in the form and by the date
15    required by the chief county assessment officer:
16            (A) the owner's name;
17            (B) the postal address and permanent index number
18        or numbers of the parcel or parcels for which the owner
19        is applying to receive reduced valuation under this
20        Section;
21            (C) a deed or other instrument conveying the
22        parcel or parcels to the current owner;
23            (D) written evidence that the new construction or
24        qualifying rehabilitation has been completed with
25        respect to the residential real property, including,
26        but not limited to, copies of building permits, a

 

 

SB2304- 5 -LRB102 11469 HLH 16803 b

1        notarized contractor's sworn affidavit, and
2        photographs of the interior and exterior of the
3        building after new construction or rehabilitation is
4        completed;
5            (E) written evidence that the residential real
6        property meets local building codes, or if there are
7        no local building codes, Housing Quality Standards, as
8        determined by the United States Department of Housing
9        and Urban Development;
10            (F) a list identifying the affordable units in
11        residential real property and a written statement that
12        the affordable units are comparable to the market rate
13        units in terms of unit type, number of bedrooms per
14        unit, quality of exterior appearance, energy
15        efficiency, and overall quality of construction;
16            (G) a written schedule certifying the rents in
17        each affordable unit and a written statement that
18        these rents do not exceed the maximum rents allowable
19        for the area in which the residential real property is
20        located;
21            (H) documentation from the administering agency
22        verifying the owner's participation in a qualifying
23        income-based rental subsidy program as defined in
24        subsection (e) of this Section if units receiving
25        rental subsidies are to be counted among the
26        affordable units in order to meet the thresholds

 

 

SB2304- 6 -LRB102 11469 HLH 16803 b

1        defined in this Section;
2            (I) a written statement identifying the household
3        income for every household occupying an affordable
4        unit and certifying that the household income does not
5        exceed the maximum income limits allowable for the
6        area in which the residential real property is
7        located;
8            (J) a written statement that the owner has
9        verified and retained documentation of household
10        income for every household occupying an affordable
11        unit; and
12            (K) any additional information consistent with
13        this Section as reasonably required by the chief
14        county assessment officer, including, but not limited
15        to, any information necessary to ensure compliance
16        with applicable local ordinances and to ensure the
17        owner is complying with the provisions of subparagraph
18        (F) of paragraph (4) of subsection (d) of this
19        Section.
20        (2) The application requirements contained in
21    paragraph (1) of subsection (d) are continuing
22    requirements for the duration of the benefit received and
23    may be annually or periodically verified by the chief
24    county assessment officer for the county whereby the
25    benefit is being issued. (3) In lieu of submitting an
26    application containing the information proscribed in

 

 

SB2304- 7 -LRB102 11469 HLH 16803 b

1    paragraph (1) of subsection (f), the chief county
2    assessment officer may allow for submission of a
3    substantially similar certification granted by the
4    Illinois Housing Development Authority or a comparable
5    local authority provided that the chief county assessment
6    officer independently verifies the veracity of the
7    certification with the Illinois Housing Development
8    Authority or comparable local authority.
9        (3) The chief county assessment officer shall notify
10    the owner as to whether or not the property meets the
11    requirements of this Section. If the property does not
12    meet the requirements of this Section, the chief county
13    assessment officer shall provide written notice of any
14    deficiencies to the owner, who shall then have 30 days
15    from the date of notification to provide supplemental
16    information showing compliance with this Section. The
17    chief county assessment officer shall, in its discretion,
18    grant additional time to cure any deficiency. If the owner
19    does not exercise this right to cure the deficiency, or if
20    the information submitted, in the sole judgment of the
21    chief county assessment officer, is insufficient to meet
22    the requirements of this Section, the chief county
23    assessment officer shall provide a written explanation of
24    the reasons for denial.
25        (4) The chief county assessment officer may charge a
26    reasonable application fee to offset the administrative

 

 

SB2304- 8 -LRB102 11469 HLH 16803 b

1    expenses associated with the program.
2        (5) The reduced valuation conferred by this Section is
3    limited as follows:
4            (A) The owner is eligible to apply for the reduced
5        valuation conferred by this Section beginning in the
6        first assessment year after the effective date of this
7        amendatory Act of the 102nd General Assembly through
8        December 31, 2030. If approved, the reduction will be
9        effective for the current assessment year, which will
10        be reflected in the tax bill issued in the following
11        calendar year. Owners that are approved for the
12        reduced valuation under this Section before December
13        31, 2029 shall, at minimum, be eligible for annual
14        renewal of the reduced valuation during an initial
15        10-year period if annual certification requirements
16        are met for each of the 10 years, as described in
17        subparagraph (B) of paragraph (4) of subsection (d) of
18        this Section until December 31, 2039.
19            (B) Property receiving a reduction outlined in
20        paragraph (1) of subsection (c) of this Section shall
21        continue to be eligible for an initial period of up to
22        10 years if annual certification requirements are met
23        for each of the 10 years, but shall be extended for up
24        to 2 additional 10-year periods with annual renewals
25        if the owner continues to meet the requirements of
26        this Section, including annual certifications, and

 

 

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1        excluding the requirements regarding new construction
2        or qualifying rehabilitation defined in subparagraph
3        (D) of paragraph (1) of this subsection.
4            (C) The annual certification materials in the year
5        prior to final year of eligibility for the reduction
6        in assessed value must include a dated copy of the
7        written notice provided to tenants informing them of
8        the date of the termination if the owner is not seeking
9        a renewal.
10            (D) If the property is sold or transferred, the
11        purchaser or transferee must comply with all
12        requirements of this Section, excluding the
13        requirements regarding new construction or qualifying
14        rehabilitation defined in subparagraph (D) of
15        paragraph (1) of this subsection, in order to continue
16        receiving the reduction in assessed value. Purchasers
17        and transferees who comply with all requirements of
18        this Section excluding the requirements regarding new
19        construction or qualifying rehabilitation defined in
20        subparagraph (D) of paragraph (1) of this subsection
21        are eligible to apply for renewal on the schedule set
22        by the initial application.
23            (E) The owner may apply for the reduced valuation
24        if the residential real property meets all
25        requirements of this Section and the newly-constructed
26        residential real property or improvements to existing

 

 

SB2304- 10 -LRB102 11469 HLH 16803 b

1        residential real property were put in service on or
2        after January 1, 2015. However, the initial 10-year
3        eligibility period shall be reduced by the number of
4        years between the placed in service date and the date
5        the owner first receives this reduced valuation.
6            (F) The owner may apply for the reduced valuation
7        within 2 years after the newly-constructed residential
8        real property or improvements to existing residential
9        real property are put in service. However, the initial
10        10 year eligibility period shall be reduced for the
11        number of years between the placed in service date and
12        the date the owner first receives this reduced
13        valuation.
14            (G) Owners of a multifamily building receiving a
15        reduced valuation through the Cook County Class 9
16        program during the year in which this amendatory Act
17        of the 102nd General Assembly takes effect shall be
18        deemed automatically eligible for the reduced
19        valuation defined in this Section in terms of meeting
20        the criteria for new construction or substantial
21        rehabilitation for a specific multifamily building
22        regardless of when the newly-constructed residential
23        real property or improvements to existing residential
24        real property were put in service. If a Cook County
25        Class 9 owner had Class 9 status revoked on or after
26        January 1, 2017 but can provide documents sufficient

 

 

SB2304- 11 -LRB102 11469 HLH 16803 b

1        to prove that the revocation was in error or any
2        deficiencies leading to the revocation have been
3        cured, the chief county assessment officer may deem
4        the owner to be eligible. However, owners may not
5        receive both the reduced valuation under this Section
6        and the reduced valuation under the Cook County Class
7        9 program in any single assessment year. In addition,
8        the number of years during which an owner has
9        participated in the Class 9 program shall count
10        against the 3 10-year periods of eligibility for the
11        reduced valuation as defined in subparagraph (1) of
12        subsection (c) of this Section.
13            (H) At the completion of the assessment reduction
14        period described in this Section, the entire parcel
15        will be assessed as otherwise provided by law.
16    (e) For the purposes of this Section:
17    "Affordable units" means units that have rents that do not
18exceed the maximum rents as defined in this Section.
19    "Household income" includes the annual income for all the
20people who occupy a housing unit that is anticipated to be
21received from a source outside of the family during the
2212-month period following admission or the annual
23recertification, including related family members and all the
24unrelated people who share the housing unit. Household income
25includes the sum total of the following income sources: wages,
26salaries and tips before any payroll deductions; net business

 

 

SB2304- 12 -LRB102 11469 HLH 16803 b

1income; interest and dividends; payments in lieu of earnings,
2such as unemployment and disability compensation, worker's
3compensation and severance pay; Social Security income,
4including lump sum payments; payments from insurance policies,
5annuities, pensions, disability benefits and other types of
6periodic payments, alimony, child support, and other regular
7monetary contributions; and public assistance, except for
8assistance from the Supplemental Nutrition Assistance Program
9(SNAP). "Household income" does not include: earnings of
10children under age 18; temporary income such as cash gifts;
11reimbursement for medical expenses; lump sums from
12inheritance, insurance payments, settlements for personal or
13property losses; student financial assistance paid directly to
14the student or to an educational institution; foster child
15care payments; receipts from government-funded training
16programs; assistance from the Supplemental Nutrition
17Assistance Program (SNAP).
18    "Low affordability community" means (1) a municipality or
19jurisdiction in which 40% or less of its total year-round
20housing units are affordable, as determined by the Illinois
21Housing Development Authority during the exemption
22determination process under the Affordable Housing Planning
23and Appeal Act; or (2) a jurisdiction located in a
24municipality with 1,000,000 or more inhabitants that has been
25designated as a low affordability community by passage of a
26local ordinance by that municipality, specifying the census

 

 

SB2304- 13 -LRB102 11469 HLH 16803 b

1tract or property by permanent index number or numbers.
2    "Maximum income limits" means the maximum regular income
3limits for 60% of area median income for the geographic area in
4which the multifamily building is located for multifamily
5programs as determined by the United States Department of
6Housing and Urban Development and published annually by the
7Illinois Housing Development Authority.
8    "Maximum rent" means the maximum regular rent for 60% of
9the area median income for the geographic area in which the
10multifamily building is located for multifamily programs as
11determined by the United States Department of Housing and
12Urban Development and published annually by the Illinois
13Housing Development Authority. To be eligible for the reduced
14valuation defined in this Section, maximum rents are to be
15consistent with the Illinois Housing Development Authority's
16rules; or if the owner is leasing an affordable unit to a
17household with an income at or below the maximum income limit
18who is participating in qualifying income-based rental subsidy
19program, "maximum rent" means the maximum rents allowable
20under the guidelines of the qualifying income-based rental
21subsidy program.
22    "Qualifying income-based rental subsidy program" means a
23Housing Choice Voucher issued by a housing authority under
24Section 8 of the United States Housing Act of 1937, a tenant
25voucher converted to a project-based voucher by a housing
26authority or any other program administered or funded by a

 

 

SB2304- 14 -LRB102 11469 HLH 16803 b

1housing authority, the Illinois Housing Development Authority,
2another State agency, a federal agency, or a unit of local
3government where participation is limited to households with
4incomes at or below the maximum income limits as defined in
5this Section and the tenants' portion of the rent payment is
6based on a percentage of their income or a flat amount that
7does not exceed the maximum rent as defined in this Section.
8    "Qualifying rehabilitation" means, at a minimum,
9compliance with local building codes and the replacement or
10renovation of at least 2 primary building systems to be
11approved for the reduced valuation under paragraph (1) of
12subsection (c) of this Section and at least 5 primary building
13systems to be approved for the reduced valuation under
14paragraph (2) of subsection (c) of this Section. Although the
15cost of each primary building system may vary, to be approved
16for the reduced valuation under paragraph (1) of subsection
17(c) of this Section, the combined expenditure for making the
18building compliant with local codes and replacing primary
19building systems must be at least $8 per square foot for work
20completed between January 1 of the year in which this
21amendatory Act of the 102nd General Assembly takes effect and
22December 31 of the year in which this amendatory Act of the
23102nd General Assembly takes effect and, in subsequent years,
24$8 adjusted by the Consumer Price Index for All Urban
25Consumers, as published annually by the U.S. Department of
26Labor. To be approved for the reduced valuation under

 

 

SB2304- 15 -LRB102 11469 HLH 16803 b

1paragraph (2) of subsection (c) of this Section, the combined
2expenditure for making the building compliant with local codes
3and replacing primary building systems must be at least $60
4per square foot for work completed between January 1 of the
5year that this amendatory Act of the 102nd General Assembly
6becomes effective and December 31 of the year that this
7amendatory Act of the 102nd General Assembly becomes effective
8and, in subsequent years, $60 adjusted by the Consumer Price
9Index for All Urban Consumers, as published annually by the
10U.S. Department of Labor. "Primary building systems", together
11with their related rehabilitations, specifically approved for
12this program are:
13        (1) Electrical. All electrical work must comply with
14    applicable codes; it may consist of a combination of any
15    of the following alternatives:
16            (A) installing individual equipment and appliance
17        branch circuits as required by code (the minimum being
18        a kitchen appliance branch circuit);
19            (B) installing a new emergency service, including
20        emergency lighting with all associated conduits and
21        wiring;
22            (C) rewiring all existing feeder conduits ("home
23        runs") from the main switchgear to apartment area
24        distribution panels;
25            (D) installing new in-wall conduits for
26        receptacles, switches, appliances, equipment, and

 

 

SB2304- 16 -LRB102 11469 HLH 16803 b

1        fixtures;
2            (E) replacing power wiring for receptacles,
3        switches, appliances, equipment, and fixtures;
4            (F) installing new light fixtures throughout the
5        building including closets and central areas;
6            (G) replacing, adding, or doing work as necessary
7        to bring all receptacles, switches, and other
8        electrical devices into code compliance;
9            (H) installing a new main service, including
10        conduit, cables into the building, and main disconnect
11        switch; and
12            (I) installing new distribution panels, including
13        all panel wiring, terminals, circuit breakers, and all
14        other panel devices.
15        (2) Heating. All heating work must comply with
16    applicable codes; it may consist of a combination of any
17    of the following alternatives:
18            (A) installing a new system to replace one of the
19        following heat distribution systems:
20                (i) piping and heat radiating units, including
21            new main line venting and radiator venting; or
22                (ii) duct work, diffusers, and cold air
23            returns; or
24                (iii) any other type of existing heat
25            distribution and radiation/diffusion components;
26            or

 

 

SB2304- 17 -LRB102 11469 HLH 16803 b

1            (B) installing a new system to replace one of the
2        following heat generating units:
3                (i) hot water/steam boiler;
4                (ii) gas furnace; or
5                (iii) any other type of existing heat
6            generating unit.
7        (3) Plumbing. All plumbing work must comply with
8    applicable codes. Replace all or a part of the in-wall
9    supply and waste plumbing; however, main supply risers,
10    waste stacks and vents, and code-conforming waste lines
11    need not be replaced.
12        (4) Roofing. All roofing work must comply with
13    applicable codes; it may consist of either of the
14    following alternatives, separately or in combination:
15            (A) replacing all rotted roof decks and
16        insulation; or
17            (B) replacing or repairing leaking roof membranes
18        (10% is the suggested minimum replacement of
19        membrane); restoration of the entire roof is an
20        acceptable substitute for membrane replacement.
21        (5) Exterior doors and windows. Replace the exterior
22    doors and windows. Renovation of ornate entry doors is an
23    acceptable substitute for replacement.
24        (6) Floors, walls, and ceilings. Finishes must be
25    replaced or covered over with new material. Acceptable
26    replacement or covering materials are as follows:

 

 

SB2304- 18 -LRB102 11469 HLH 16803 b

1            (A) floors must have new carpeting, vinyl tile,
2        ceramic, refurbished wood finish, or a similar
3        substitute;
4            (B) walls must have new drywall, including joint
5        taping and painting; or
6            (C) new ceilings must be either drywall, suspended
7        type, or a similar
8        (7) Exterior walls.
9            (A) replace loose or crumbling mortar and masonry
10        with new material;
11            (B) replace or paint wall siding and trim as
12        needed;
13            (C) bring porches and balconies to a sound
14        condition; or
15            (D) any combination of (A), (B), and (C).
16        (8) Elevators. Where applicable, at least 4 of the
17    following 7 alternatives must be accomplished:
18            (A) replace or rebuild the machine room controls
19        and refurbish the elevator machine (or equivalent
20        mechanisms in the case of hydraulic elevators);
21            (B) replace hoistway electro-mechanical items
22        including: ropes, switches, limits, buffers, levelers,
23        and deflector sheaves (or equivalent mechanisms in the
24        case of hydraulic elevators);
25            (C) replace hoistway wiring;
26            (D) replace door operators and linkage;

 

 

SB2304- 19 -LRB102 11469 HLH 16803 b

1            (E) replace door panels at each opening;
2            (F) replace hall stations, car stations, and
3        signal fixtures; or
4            (G) rebuild the car shell and refinish the
5        interior.
6        (9) Health and safety.
7            (A) install or replace fire suppression systems;
8            (B) install or replace security systems; or
9            (C) environmental remediation of lead-based paint,
10        asbestos, leaking underground storage tanks, or radon.
11        (10) Energy conservation improvements undertaken to
12    limit the amount of solar energy absorbed by a building's
13    roof or to reduce energy use for the property, including,
14    but not limited to, any of the following activities:
15            (A) installing or replacing reflective roof
16        coatings (flat roofs);
17            (B) installing or replacing R-49 roof insulation;
18            (C) installing or replacing R-19 perimeter wall
19        insulation;
20            (D) installing or replacing insulated entry doors;
21            (E) installing or replacing Low E, insulated
22        windows;
23            (F) installing or replacing WaterSense-labeled
24        plumbing fixtures;
25            (G) installing or replacing 90% or better sealed
26        combustion heating systems;

 

 

SB2304- 20 -LRB102 11469 HLH 16803 b

1            (H) installing Energy Star hot water heaters;
2            (I) installing or replacing mechanical ventilation
3        to exterior for kitchens and baths;
4            (J) installing or replacing Energy Star
5        appliances;
6            (K) installing or replacing Energy Star certified
7        lighting in common areas; or
8            (L) installing or replacing grading and
9        landscaping to promote on-site water retention if the
10        retained water is used to replace water that is
11        provided from a municipal source.
12        (11) Accessibility improvements. All accessibility
13    improvements must comply with applicable codes. An owner
14    may make accessibility improvements to residential real
15    property to increase access for people with disabilities.
16    As used in this paragraph (11), "disability" has the
17    meaning given to that term in the Illinois Human Rights
18    Act. As used in this paragraph (11), "accessibility
19    improvements" means a home modification listed under the
20    Home Services Program administered by the Department of
21    Human Services (Part 686 of Title 89 of the Illinois
22    Administrative Code) including, but not limited to:
23    installation of ramps, grab bars, or wheelchair lifts;
24    widening doorways or hallways; re-configuring rooms and
25    closets; and any other changes to enhance the independence
26    of people with disabilities.

 

 

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1        (12) Any applicant who has purchased the property in
2    an arm's length transaction not more than 90 days before
3    applying for this reduced valuation may use the cost of
4    rehabilitation or repairs required by documented code
5    violations, up to a maximum of $2 per square foot, to meet
6    the qualifying rehabilitation requirements.
 
7    Section 10. The Affordable Housing Planning and Appeal Act
8is amended by changing Section 25 and by adding Section 70 as
9follows:
 
10    (310 ILCS 67/25)
11    Sec. 25. Affordable housing plan.
12    (a) Prior to April 1, 2005, all non-exempt local
13governments must approve an affordable housing plan. Any local
14government that is determined by the Illinois Housing
15Development Authority under Section 20 to be non-exempt for
16the first time based on the recalculation of U.S. Census
17Bureau data after 2010 shall have 18 months from the date of
18notification of its non-exempt status to approve an affordable
19housing plan under this Act. On and after the effective date of
20this amendatory Act of the 102nd General Assembly, an
21affordable housing plan, or any revision thereof, shall not be
22adopted by a non-exempt local government until notice and
23opportunity for public hearing have first been afforded.
24    (b) For the purposes of this Act, the affordable housing

 

 

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1plan shall consist of at least the following:
2        (i) a statement of the total number of affordable
3    housing units that are necessary to exempt the local
4    government from the operation of this Act as defined in
5    Section 15 and Section 20;
6        (ii) an identification of lands within the
7    jurisdiction that are most appropriate for the
8    construction of affordable housing and of existing
9    structures most appropriate for conversion to, or
10    rehabilitation for, affordable housing, including a
11    consideration of lands and structures of developers who
12    have expressed a commitment to provide affordable housing
13    and lands and structures that are publicly or
14    semi-publicly owned;
15        (iii) incentives that local governments may provide
16    for the purpose of attracting affordable housing to their
17    jurisdiction; and
18        (iv) a goal of a minimum of 15% of all new development
19    or redevelopment within the local government that would be
20    defined as affordable housing in this Act; or a minimum of
21    a 3 percentage point increase in the overall percentage of
22    affordable housing within its jurisdiction, as described
23    in subsection (b) of Section 20 of this Act; or a minimum
24    of a total of 10% affordable housing within its
25    jurisdiction as described in subsection (b) of Section 20
26    of this Act. These goals may be met, in whole or in part,

 

 

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1    through the creation of affordable housing units under
2    intergovernmental agreements as described in subsection
3    (e) of this Section.
4    (c) Within 60 days after the adoption of an affordable
5housing plan or revisions to its affordable housing plan, the
6local government must submit a copy of that plan to the
7Illinois Housing Development Authority.
8    (d) In order to promote the goals of this Act and to
9maximize the creation, establishment, or preservation of
10affordable housing throughout the State of Illinois, a local
11government, whether exempt or non-exempt under this Act, may
12adopt the following measures to address the need for
13affordable housing:
14        (1) Local governments may individually or jointly
15    create or participate in a housing trust fund or otherwise
16    provide funding or support for the purpose of supporting
17    affordable housing, including, without limitation, to
18    support the following affordable housing activities:
19            (A) Housing production, including, without
20        limitation, new construction, rehabilitation, and
21        adaptive re-use.
22            (B) Acquisition, including, without limitation,
23        land, single-family homes, multi-unit buildings, and
24        other existing structures that may be used in whole or
25        in part for residential use.
26            (C) Rental payment assistance.

 

 

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1            (D) Home-ownership purchase assistance.
2            (E) Preservation of existing affordable housing.
3            (F) Weatherization.
4            (G) Emergency repairs.
5            (H) Housing related support services, including
6        homeownership education and financial counseling.
7            (I) Grants or loans to not-for-profit
8        organizations engaged in addressing the affordable
9        housing needs of low-income and moderate-income
10        households.
11        Local governments may authorize housing trust funds to
12    accept and utilize funds, property, and other resources
13    from all proper and lawful public and private sources so
14    long as those funds are used solely for addressing the
15    affordable housing needs of individuals or households that
16    may occupy low-income or moderate-income housing.
17        (2) A local government may create a community land
18    trust, which may: acquire developed or undeveloped
19    interests in real property and hold them for affordable
20    housing purposes; convey such interests under long-term
21    leases, including ground leases; convey such interests for
22    affordable housing purposes; and retain an option to
23    reacquire any such real property interests at a price
24    determined by a formula ensuring that such interests may
25    be utilized for affordable housing purposes.
26        (3) A local government may use its zoning powers to

 

 

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1    require the creation and preservation of affordable
2    housing as authorized under Section 5-12001 of the
3    Counties Code and Section 11-13-1 of the Illinois
4    Municipal Code.
5        (4) A local government may accept donations of money
6    or land for the purpose of addressing the affordable
7    housing needs of individuals or households that may occupy
8    low-income or moderate-income housing. These donations may
9    include, without limitation, donations of money or land
10    from persons, as long as the donations are demonstrably
11    used to preserve, create, or subsidize low-income housing
12    or moderate-income housing within the jurisdiction in lieu
13    of building affordable housing.
14    (e) In order to encourage regional cooperation and the
15maximum creation of affordable housing in areas lacking such
16housing in the State of Illinois, any non-exempt local
17government may enter into intergovernmental agreements under
18subsection (e) of Section 25 with local governments within 10
19miles of its corporate boundaries in order to create
20affordable housing units to meet the goals of this Act. A
21non-exempt local government may not enter into an
22intergovernmental agreement, however, with any local
23government that contains more than 25% affordable housing as
24determined under Section 20 of this Act. All intergovernmental
25agreements entered into to create affordable housing units to
26meet the goals of this Act must also specify the basis for

 

 

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1determining how many of the affordable housing units created
2will be credited to each local government participating in the
3agreement for purposes of complying with this Act. All
4intergovernmental agreements entered into to create affordable
5housing units to meet the goals of this Act must also specify
6the anticipated number of newly created affordable housing
7units that are to be credited to each local government
8participating in the agreement for purposes of complying with
9this Act. In specifying how many affordable housing units will
10be credited to each local government, the same affordable
11housing unit may not be counted by more than one local
12government.
13    (f) To enforce compliance with the provisions of this
14Section, and to encourage local governments to submit their
15affordable housing plans to the Illinois Housing Development
16Authority in a timely manner, the Illinois Housing Development
17Authority shall notify any local government and may notify the
18Office of the Attorney General that the local government is in
19violation of State law if the Illinois Housing Development
20Authority finds that the affordable housing plan submitted is
21not in substantial compliance with this Section or that the
22local government failed to submit an affordable housing plan.
23The Attorney General may enforce this provision of the Act by
24an action for mandamus or injunction or by means of other
25appropriate relief.
26(Source: P.A. 98-287, eff. 8-9-13.)
 

 

 

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1    (310 ILCS 67/70 new)
2    Sec. 70. Home rule application. Unless otherwise provided
3under this Act or otherwise in accordance with State law, a
4unit of local government, including a home rule unit, or any
5non-home rule county within the unincorporated territory of
6the county, may not regulate the activities described in this
7Act in a manner more restrictive than the regulation of those
8activities by the State under this Act. This Section is a
9limitation under subsection (i) of Section 6 of Article VII of
10the Illinois Constitution on the concurrent exercise by home
11rule units of powers and functions exercised by the State.
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.