Illinois General Assembly - Full Text of SB0330
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Full Text of SB0330  102nd General Assembly

SB0330 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0330

 

Introduced 2/19/2021, by Sen. Sara Feigenholtz

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 3805/13.1 new
35 ILCS 200/15-178 new

    Amends the Illinois Housing Development Act. Provides that the Illinois Housing Development Authority shall develop a form and include it with certain financing agreements. Amends the Property Tax Code. Provides for a reduction in assessed value for affordable rental housing construction or rehabilitation. Effective immediately.


LRB102 10204 HLH 15527 b

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

 

 

A BILL FOR

 

SB0330LRB102 10204 HLH 15527 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 Illinois Housing Development Act is amended
5by adding Section 13.1 as follows:
 
6    (20 ILCS 3805/13.1 new)
7    Sec. 13.1. Form for local agencies. The Authority shall
8develop a form and include it with the final financing
9agreement that summarizes the terms of the financing
10agreement, which should include the following: the length of
11the affordability period guaranteed under the financing
12agreement; a legal description; if then available, the address
13and property index numbers for all applicable property
14contemplated by the agreement; and any other information that
15may be relevant for a local county assessor's office and local
16county and municipal housing development authority to qualify
17or evidence eligibility for an applicable reduction in the
18assessed value of an affordable rental housing. This form may
19vary by county only if the Authority deems necessary. The
20nonprofit corporation, housing corporation, limited-profit
21entity, developer, or other entity receiving financing or
22other assistance under this Act shall file the form with the
23local county assessor's office and, where applicable, the

 

 

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1local county and municipal housing authority for the county in
2which the property is located. No fees shall be levied against
3the nonprofit corporation, housing corporation, limited-profit
4entity, developer, or other entity for filing the form with
5the county assessor's office of local housing authority.
 
6    Section 10. The Property Tax Code is amended by adding
7Section 15-178 as follows:
 
8    (35 ILCS 200/15-178 new)
9    Sec. 15-178. Reduction in assessed value for affordable
10rental housing construction or rehabilitation.
11    (a) The General Assembly finds that there is a shortage of
12high quality affordable rental homes for low-income and
13very-low-income households throughout Illinois; that owners
14and developers of rental housing face significant challenges
15building newly constructed apartments or undertaking
16rehabilitation of existing properties that results in rents
17that are affordable for low-income and very-low-income
18households; and that it will help Cook County and other parts
19of Illinois address the extreme shortage of affordable rental
20housing by developing a Statewide policy to determine the
21assessed value for newly constructed and rehabilitated
22affordable rental housing that both encourages investment and
23incentivizes property owners to keep rents affordable.
24    (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
6improvements to existing residential real property are put in
7service. Any county with less than 3,000,000 inhabitants may
8decide not to implement this special assessment program upon
9passage of an ordinance by a majority vote of the county board.
10Subsequent to a vote to opt-out of this special assessment
11program, any county with less than 3,000,000 inhabitants may
12decide to implement this special assessment program upon
13passage of an ordinance by a majority vote of the county board.
14Property is eligible for the special assessment program if and
15only if all of the following factors have been met:
16        (1) at the conclusion of the new construction or
17    qualifying rehabilitation, the property consists of a
18    newly constructed multifamily building containing 7 or
19    more rental dwelling units or an existing multifamily
20    building that has undergone qualifying rehabilitation
21    resulting in 7 or more rental dwelling units; and
22        (2) the property meets the application requirements
23    defined in subsection (f).
24    (c) For those counties that are required to implement the
25special assessment program and do not opt-out of such special
26assessment program, the chief county assessment officer for

 

 

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1that county shall require that residential real property is
2eligible for the special assessment program if and only if,
3except as defined in subparagraphs (E), (F), and (G) of
4paragraph (5) of subsection (f) of this Section, prior to the
5newly constructed residential real property or improvements to
6existing residential real property being put in service, the
7owner of the residential real property commits that, for a
8period of 10 years, at least 15% of the multifamily building's
9units will have rents as defined in this Section that are at or
10below maximum rents and are occupied by households with
11household incomes at or below maximum income limits.
12    (d) The amount of the reduction for residential real
13property meeting the conditions set forth in subparagraph (1)
14of subsection (c) shall be calculated as follows:
15        (1) if the owner of the residential real property
16    commits for a period of at least 10 years that at least 15%
17    but fewer than 35% of the multifamily building's units
18    have rents at or below maximum rents and are occupied by
19    households with household incomes at or below maximum
20    income limits, the assessed value of the property used to
21    calculate the tax bill shall be reduced by an amount equal
22    to 25% of the assessed value of the property as determined
23    by the assessor for the property in the current taxable
24    year for the newly constructed residential real property
25    or based on the improvements to an existing residential
26    real property; and

 

 

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1        (2) if the owner of the residential real property
2    commits for a period of at least 10 years that at least 35%
3    of the multifamily building's units have rents at or below
4    maximum rents and are occupied by households with
5    household incomes at or below maximum income limits, the
6    assessed value of the property used to calculate the tax
7    bill shall be reduced by an amount equal to 35% of the
8    assessed value of the property as determined by the
9    assessor for the property in the current assessment year
10    for the newly constructed residential real property or
11    based on the improvements to an existing residential real
12    property.
13    (e) Application requirements.
14        (1) In order to receive the reduced valuation under
15    this Section, the owner must submit an application
16    containing the following information to the chief county
17    assessment officer for review in the form and by the date
18    required by the chief county assessment officer:
19            (A) the owner's name;
20            (B) the postal address and permanent index number
21        or numbers of the parcel or parcels for which the owner
22        is applying to receive reduced valuation under this
23        Section;
24            (C) a deed or other instrument conveying the
25        parcel or parcels to the current owner;
26            (D) written evidence that the new construction or

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1        real property were put in service. If a Cook County
2        Class 9 owner had Class 9 status revoked on or after
3        January 1, 2017 but can provide documents sufficient
4        to prove that the revocation was in error or any
5        deficiencies leading to the revocation have been
6        cured, the chief county assessment officer may deem
7        the owner to be eligible. However, owners may not
8        receive both the reduced valuation under this Section
9        and the reduced valuation under the Cook County Class
10        9 program in any single assessment year. In addition,
11        the number of years during which an owner has
12        participated in the Class 9 program shall count
13        against the 3 10-year periods of eligibility for the
14        reduced valuation as defined in subparagraph (1) of
15        subsection (c) of this Section.
16            (H) At the completion of the assessment reduction
17        period described in this Section, the entire parcel
18        will be assessed as otherwise provided by law.
19    (f) For the purposes of this Section,
20    "Affordable units" means units that have rents that do not
21exceed the maximum rents as defined in this Section.
22    "Household income" includes the annual income for all the
23people who occupy a housing unit that is anticipated to be
24received from a source outside of the family during the
2512-month period following admission or the annual
26recertification, including related family members and all the

 

 

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1unrelated people who share the housing unit. Household income
2includes the sum total of the following income sources: wages,
3salaries and tips before any payroll deductions; net business
4income; interest and dividends; payments in lieu of earnings,
5such as unemployment and disability compensation, worker's
6compensation and severance pay; Social Security income,
7including lump sum payments; payments from insurance policies,
8annuities, pensions, disability benefits and other types of
9periodic payments, alimony, child support, and other regular
10monetary contributions; and public assistance, except for
11assistance from the Supplemental Nutrition Assistance Program
12(SNAP). "Household income" does not include: earnings of
13children under age 18; temporary income such as cash gifts;
14reimbursement for medical expenses; lump sums from
15inheritance, insurance payments, settlements for personal or
16property losses; student financial assistance paid directly to
17the student or to an educational institution; foster child
18care payments; receipts from government-funded training
19programs; assistance from the Supplemental Nutrition
20Assistance Program (SNAP).
21    "Maximum income limits" means the maximum regular income
22limits for 60% of area median income for the geographic area in
23which the multifamily building is located for multifamily
24programs as determined by the United States Department of
25Housing and Urban Development and published annually by the
26Illinois Housing Development Authority.

 

 

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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.
15    "Qualifying income-based rental subsidy program" means a
16Housing Choice Voucher issued by a housing authority under
17Section 8 of the United States Housing Act of 1937, a tenant
18voucher converted to a project-based voucher by a housing
19authority or any other program administered or funded by a
20housing authority, the Illinois Housing Development Authority,
21another State agency, a federal agency, or a unit of local
22government where participation is limited to households with
23incomes at or below the maximum income limits as defined in
24this Section and the tenants' portion of the rent payment is
25based on a percentage of their income or a flat amount that
26does not exceed the maximum rent as defined in this Section.

 

 

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1    "Qualifying rehabilitation" means, at a minimum,
2compliance with local building codes and the replacement or
3renovation of at least 2 primary building systems to be
4approved for the reduced valuation under paragraph (1) of
5subsection (c) of this Section and at least 5 primary building
6systems to be approved for the reduced valuation under
7paragraph (2) of subsection (c) of this Section. Although the
8cost of each primary building system may vary, to be approved
9for the reduced valuation under paragraph (1) of subsection
10(c) of this Section, the combined expenditure for making the
11building compliant with local codes and replacing primary
12building systems must be at least $8 per square foot for work
13completed between January 1 of the year in which this
14amendatory Act of the 102nd General Assembly takes effect and
15December 31 of the year in which this amendatory Act of the
16102nd General Assembly takes effect and, in subsequent years,
17$8 adjusted by the Consumer Price Index for All Urban
18Consumers, as published annually by the U.S. Department of
19Labor. To be approved for the reduced valuation under
20paragraph (2) of subsection (c) of this Section, the combined
21expenditure for making the building compliant with local codes
22and replacing primary building systems must be at least $60
23per square foot for work completed between January 1 of the
24year that this amendatory Act of the 102nd General Assembly
25becomes effective and December 31 of the year that this
26amendatory Act of the 102nd General Assembly becomes effective

 

 

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1and, in subsequent years, $60 adjusted by the Consumer Price
2Index for All Urban Consumers, as published annually by the
3U.S. Department of Labor. "Primary building systems", together
4with their related rehabilitations, specifically approved for
5this program are:
6        (1) Electrical. All electrical work must comply with
7    applicable codes; it may consist of a combination of any
8    of the following alternatives:
9            (A) installing individual equipment and appliance
10        branch circuits as required by code (the minimum being
11        a kitchen appliance branch circuit);
12            (B) installing a new emergency service, including
13        emergency lighting with all associated conduits and
14        wiring;
15            (C) rewiring all existing feeder conduits ("home
16        runs") from the main switchgear to apartment area
17        distribution panels;
18            (D) installing new in-wall conduits for
19        receptacles, switches, appliances, equipment, and
20        fixtures;
21            (E) replacing power wiring for receptacles,
22        switches, appliances, equipment, and fixtures;
23            (F) installing new light fixtures throughout the
24        building including closets and central areas;
25            (G) replacing, adding, or doing work as necessary
26        to bring all receptacles, switches, and other

 

 

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1        electrical devices into code compliance;
2            (H) installing a new main service, including
3        conduit, cables into the building, and main disconnect
4        switch; and
5            (I) installing new distribution panels, including
6        all panel wiring, terminals, circuit breakers, and all
7        other panel devices.
8        (2) Heating. All heating work must comply with
9    applicable codes; it may consist of a combination of any
10    of the following alternatives:
11            (A) installing a new system to replace one of the
12        following heat distribution systems:
13                (i) piping and heat radiating units, including
14            new main line venting and radiator venting; or
15                (ii) duct work, diffusers, and cold air
16            returns; or
17                (iii) any other type of existing heat
18            distribution and radiation/diffusion components;
19            or
20            (B) installing a new system to replace one of the
21        following heat generating units:
22                (i) hot water/steam boiler;
23                (ii) gas furnace; or
24                (iii) any other type of existing heat
25            generating unit.
26        (3) Plumbing. All plumbing work must comply with

 

 

SB0330- 18 -LRB102 10204 HLH 15527 b

1    applicable codes. Replace all or a part of the in-wall
2    supply and waste plumbing; however, main supply risers,
3    waste stacks and vents, and code-conforming waste lines
4    need not be replaced.
5        (4) Roofing. All roofing work must comply with
6    applicable codes; it may consist of either of the
7    following alternatives, separately or in combination:
8            (A) replacing all rotted roof decks and
9        insulation; or
10            (B) replacing or repairing leaking roof membranes
11        (10% is the suggested minimum replacement of
12        membrane); restoration of the entire roof is an
13        acceptable substitute for membrane replacement.
14        (5) Exterior doors and windows. Replace the exterior
15    doors and windows. Renovation of ornate entry doors is an
16    acceptable substitute for replacement.
17        (6) Floors, walls, and ceilings. Finishes must be
18    replaced or covered over with new material. Acceptable
19    replacement or covering materials are as follows:
20            (A) floors must have new carpeting, vinyl tile,
21        ceramic, refurbished wood finish, or a similar
22        substitute;
23            (B) walls must have new drywall, including joint
24        taping and painting; or
25            (C) new ceilings must be either drywall, suspended
26        type, or a similar

 

 

SB0330- 19 -LRB102 10204 HLH 15527 b

1        (7) Exterior walls.
2            (A) replace loose or crumbling mortar and masonry
3        with new material;
4            (B) replace or paint wall siding and trim as
5        needed;
6            (C) bring porches and balconies to a sound
7        condition; or
8            (D) any combination of (A), (B), and (C).
9        (8) Elevators. Where applicable, at least 4 of the
10    following 7 alternatives must be accomplished:
11            (A) replace or rebuild the machine room controls
12        and refurbish the elevator machine (or equivalent
13        mechanisms in the case of hydraulic elevators);
14            (B) replace hoistway electro-mechanical items
15        including: ropes, switches, limits, buffers, levelers,
16        and deflector sheaves (or equivalent mechanisms in the
17        case of hydraulic elevators);
18            (C) replace hoistway wiring;
19            (D) replace door operators and linkage;
20            (E) replace door panels at each opening;
21            (F) replace hall stations, car stations, and
22        signal fixtures; or
23            (G) rebuild the car shell and refinish the
24        interior.
25        (9) Health and safety.
26            (A) install or replace fire suppression systems;

 

 

SB0330- 20 -LRB102 10204 HLH 15527 b

1            (B) install or replace security systems; or
2            (C) environmental remediation of lead-based paint,
3        asbestos, leaking underground storage tanks, or radon.
4        (10) Energy conservation improvements undertaken to
5    limit the amount of solar energy absorbed by a building's
6    roof or to reduce energy use for the property, including,
7    but not limited to, any of the following activities:
8            (A) installing or replacing reflective roof
9        coatings (flat roofs);
10            (B) installing or replacing R-49 roof insulation;
11            (C) installing or replacing R-19 perimeter wall
12        insulation;
13            (D) installing or replacing insulated entry doors;
14            (E) installing or replacing Low E, insulated
15        windows;
16            (F) installing or replacing WaterSense labeled
17        plumbing fixtures;
18            (G) installing or replacing 90% or better sealed
19        combustion heating systems;
20            (H) installing Energy Star hot water heaters;
21            (I) installing or replacing mechanical ventilation
22        to exterior for kitchens and baths;
23            (J) installing or replacing Energy Star
24        appliances;
25            (K) installing or replacing Energy Star certified
26        lighting in common areas; or

 

 

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1            (L) installing or replacing grading and
2        landscaping to promote on-site water retention if the
3        retained water is used to replace water that is
4        provided from a municipal source.
5        (11) Accessibility improvements. All accessibility
6    improvements must comply with applicable codes. An owner
7    may make accessibility improvements to residential real
8    property to increase access for people with disabilities.
9    As used in this paragraph (11), "disability" has the
10    meaning given to that term in the Illinois Human Rights
11    Act. As used in this paragraph (11), "accessibility
12    improvements" means a home modification listed under the
13    Home Services Program administered by the Department of
14    Human Services (Part 686 of Title 89 of the Illinois
15    Administrative Code) including, but not limited to:
16    installation of ramps, grab bars, or wheelchair lifts;
17    widening doorways or hallways; re-configuring rooms and
18    closets; and any other changes to enhance the independence
19    of people with disabilities.
20        (12) Any applicant who has purchased the property in
21    an arm's length transaction not more than 90 days before
22    applying for this reduced valuation may use the cost of
23    rehabilitation or repairs required by documented code
24    violations, up to a maximum of $2 per square foot, to meet
25    the qualifying rehabilitation requirements.
 
26    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.