Full Text of HB3813 94th General Assembly
HB3813 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB3813
Introduced 2/25/2005, by Rep. Julie Hamos SYNOPSIS AS INTRODUCED: |
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310 ILCS 10/2 |
from Ch. 67 1/2, par. 2 |
310 ILCS 10/8.11a new |
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310 ILCS 10/8.19 |
from Ch. 67 1/2, par. 8.19 |
310 ILCS 10/8.20a new |
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310 ILCS 10/13 |
from Ch. 67 1/2, par. 13 |
310 ILCS 10/17 |
from Ch. 67 1/2, par. 17 |
310 ILCS 10/30.5 new |
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310 ILCS 10/30.10 new |
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Amends the Housing Authorities Act. Requires each housing authority to keep an accurate public account of all of its activities and of all receipts and expenditures and make an annual public report to the Department of Commerce and Economic Opportunity; requires the Department to submit to the Governor, the General Assembly, and the public an annual report that summarizes the annual reports of all the housing authorities. Provides that housing authorities, in the operation of their rental assistance programs, are to serve households with incomes of no more than 80% of the area median income. Adds definitions of "low-income household", very low-income household", "extremely low-income household", and "rental assistance program". Authorizes a housing authority to enter into a regional cooperative agreement with another housing authority or with a municipality. Provides that each housing authority is responsible for ensuring that its programs and activities are administered in a manner that will affirmatively further the goal of fair housing by examining its programs and proposed programs and identifying any impediments to fair housing choice within those programs and by taking other actions. Makes other changes. Effective immediately.
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A BILL FOR
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HB3813 |
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LRB094 10142 DRJ 40404 b |
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| AN ACT concerning housing.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Housing Authorities Act is amended by | 5 |
| changing Sections 2, 8.19, 13, and 17 and by adding Sections | 6 |
| 8.11a, 8.20a, 30.5, and 30.10 as follows:
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| (310 ILCS 10/2) (from Ch. 67 1/2, par. 2)
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| Sec. 2. It is hereby declared as a matter of legislative
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| determination that in order to promote and protect the health, | 10 |
| safety,
morals and welfare of the public, it is necessary in | 11 |
| the public interest
to provide for the creation of municipal | 12 |
| corporations to be known as
housing authorities, and to confer | 13 |
| upon and vest in these housing
authorities all powers necessary | 14 |
| or appropriate in order that they may
engage in low-rent | 15 |
| housing and slum clearance projects, and provide
rental | 16 |
| assistance programs , and undertake land assembly, clearance,
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| rehabilitation, development, and redevelopment projects as | 18 |
| will tend to
relieve the shortage of decent, safe, affordable, | 19 |
| and sanitary
dwellings; and that the powers herein conferred | 20 |
| upon the housing
authorities including the power to acquire and | 21 |
| dispose of
improved or unimproved property, to remove | 22 |
| unsanitary or substandard
conditions, to construct and operate | 23 |
| housing accommodations, to regulate
the maintenance of housing | 24 |
| projects and to borrow, expend, loan, invest,
and repay monies | 25 |
| for the purposes herein set forth, are public objects
and | 26 |
| governmental functions essential to the public interest.
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| It is further declared as a matter of legislative | 28 |
| determination that
the crucial affordable housing shortage | 29 |
| which continues to prevail
throughout the State has contributed | 30 |
| and will continue to contribute
materially toward an increase | 31 |
| in crime, juvenile delinquency, infant
mortality, drug abuse, | 32 |
| drug disability and disease; that by reason thereof
it has |
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| become a social and economic imperative to broaden the powers | 2 |
| of
housing authorities with respect to the acquisition of | 3 |
| property, the
construction of housing accommodations, the | 4 |
| provision of rental assistance
programs and the assembly, | 5 |
| clearance and sale or other disposition of property
acquired | 6 |
| for development or redevelopment by persons, firms and
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| corporations; that the provisions of this Act are grounded in | 8 |
| public
necessity and predicated upon serious emergency | 9 |
| conditions requiring
immediate consideration and action, and | 10 |
| that this amendatory Act embraces
public objects and | 11 |
| governmental functions essential to the public interest.
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| It is further declared that in municipalities of less than | 13 |
| 500,000
population further stimulus must be provided for the | 14 |
| conservation of
urban areas and the prevention of slums if the | 15 |
| public interest
objectives of the Urban Community Conservation | 16 |
| Act, are to be secured; that
in these municipalities housing | 17 |
| authorities should be authorized to
initiate, plan, study and | 18 |
| execute urban conservation projects as an
alternative | 19 |
| mechanism to that provided in the Urban Community Conservation
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| Act; that unless this authority is so delegated there is a | 21 |
| serious and
substantial risk that many urban areas will | 22 |
| deteriorate into actual slum
and blight areas; and that to | 23 |
| prevent the occurrence of these conditions
and the social evils | 24 |
| attendant thereon, and to protect and conserve the
public | 25 |
| interest, the provisions of this amendatory Act are necessary. | 26 |
| It is further declared as a matter of legislative | 27 |
| determination that housing authorities, as part of their powers | 28 |
| conferred in this Act, have a duty in the execution of those | 29 |
| powers to promote the affirmative furtherance of fair housing, | 30 |
| the deconcentration of poverty, and regional cooperation in all | 31 |
| programs administered or supervised by the housing | 32 |
| authorities.
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| (Source: P.A. 87-200.)
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| (310 ILCS 10/8.11a new) | 35 |
| Sec. 8.11a. Report to Department of Commerce and Economic |
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| Opportunity. | 2 |
| (a) Each housing authority shall keep an accurate public | 3 |
| account of all of its activities and of all receipts and | 4 |
| expenditures and make an annual public report to the | 5 |
| Department. The report shall include but is not limited to | 6 |
| information regarding: the proper selection of applicants for | 7 |
| the rental assistance programs; the sound determination of | 8 |
| reasonable rent for each unit leased; the establishment of | 9 |
| payment standards within the required range of fair market | 10 |
| rent; the extent of use of all available rental assistance | 11 |
| programs; the locational patterns of participants in rental | 12 |
| assistance programs; the amount of landlord participation in | 13 |
| all rental assistance programs, particularly landlords with | 14 |
| housing units in areas of economic opportunity and that foster | 15 |
| racial integration; the innovative programs of housing | 16 |
| authorities; any regional cooperative agreements; program | 17 |
| participants' access to portability opportunities; compliance | 18 |
| with affirmative fair housing marketing procedures; and the | 19 |
| expansion of housing choice for rental assistance program | 20 |
| participants outside areas of poverty and minority | 21 |
| concentration. | 22 |
| (b) The Department shall prepare and submit to the | 23 |
| Governor, the General Assembly, and the public an annual report | 24 |
| that summarizes the annual reports of all the housing | 25 |
| authorities for the State of Illinois filed with the Department | 26 |
| under subsection (a).
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| (310 ILCS 10/8.19) (from Ch. 67 1/2, par. 8.19)
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| Sec. 8.19. The housing authority of any county, or of the | 29 |
| several counties
within its area of operation is authorized and | 30 |
| permitted to operate a housing
referral service. "Housing | 31 |
| referral Service" for the purposes of this Section
means that | 32 |
| the Housing Authority establishing the service will use all of
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| the information it has available by virtue of its duties under | 34 |
| this Act, to
assist persons with low incomes to find available | 35 |
| housing that is decent,
safe and sanitary and affordable |
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| without overcrowding, which is suitable
for their needs. This | 2 |
| service shall include housing anywhere within an
authority's | 3 |
| area of operation or in cooperation with any regional or State
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| planning agency of any city, village or incorporated town | 5 |
| wholly or partly
within the area of its operation, but is not | 6 |
| confined to housing projects
of the authority. This service | 7 |
| shall be without charge of any kind to the
individuals seeking | 8 |
| housing within their income range and shall be provided
under | 9 |
| rules promulgated by the Housing Authority.
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| "Low income" for the purposes of this Section means income | 11 |
| as that term
is defined by federal housing statutes and U.S. | 12 |
| Department of Housing and
Urban Development regulations.
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| (Source: P.A. 87-200.)
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| (310 ILCS 10/8.20a new) | 15 |
| Sec. 8.20a. Prioritization of low-income, very low-income | 16 |
| and extremely low-income households. | 17 |
| (a)
Housing authorities, in the operation of their rental | 18 |
| assistance programs, are to serve households with incomes of no | 19 |
| more than 80% of the area median income.
Each housing | 20 |
| authority, as defined in Section 17, in the operation of its | 21 |
| rental assistance programs, shall, to the maximum extent | 22 |
| practicable, serve households with incomes of less than 50% of | 23 |
| the area median income, including households with incomes of | 24 |
| less than 30% of the area median income. In administering its | 25 |
| rental assistance programs, each housing authority shall to the | 26 |
| maximum extent practicable attempt to serve households in the | 27 |
| lower range of the income group for which the housing program | 28 |
| was developed. | 29 |
| (b) Each housing authority shall target 75% of its new | 30 |
| admissions to rental assistance programs to households with | 31 |
| incomes of less than 30% of the area median income.
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| (310 ILCS 10/13) (from Ch. 67 1/2, par. 13)
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| Sec. 13. The Department may, in its discretion, prescribe | 34 |
| methods and
forms for keeping accounts, records and books to be |
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| used by an Authority,
and prescribe accounts to which | 2 |
| particular outlays and receipts shall be
entered, charged, or | 3 |
| credited. The Department may require an Authority to
file | 4 |
| periodical reports, but not more frequently than quarterly, | 5 |
| covering
its operations and activities in a form prescribed by | 6 |
| the Department. The
Department may also, from time to time, | 7 |
| require an Authority to provide
specific answers to questions | 8 |
| on subjects when the Department desires
information on those | 9 |
| subjects.
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| The Department may investigate the conditions and affairs | 11 |
| of an
Authority, its dealings, transactions or relationships | 12 |
| and the manner in
which projects are managed, and may through | 13 |
| its members or employees enter
upon and inspect the property, | 14 |
| equipment, buildings, plants and offices of
an Authority and | 15 |
| examine its books, contracts, records, documents and papers.
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| Every Authority shall further be subject to the further | 17 |
| powers of
supervision of the Department provided in Sections | 18 |
| 27, 28 and 29 of the
State Housing Act. This Section shall not | 19 |
| apply with reference to any
project financed in whole or in | 20 |
| part by federal funds, so long as such
project is supervised or | 21 |
| controlled by the federal government or any agency
or | 22 |
| instrumentality thereof or designee or nominee thereof.
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| (Source: P.A. 87-200.)
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| (310 ILCS 10/17) (from Ch. 67 1/2, par. 17)
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| Sec. 17. The following terms, wherever used or referred to | 26 |
| in this
Act shall have the following respective meanings, | 27 |
| unless in any case a
different meaning clearly appears from the | 28 |
| context:
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| (a) "Authority" or "housing authority" shall mean a | 30 |
| municipal
corporation organized in accordance with the | 31 |
| provisions of this Act for
the purposes, with the powers and | 32 |
| subject to the restrictions herein set
forth.
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| (b) "Area" or "area of operation" shall mean: (1) in the | 34 |
| case of an
authority which is created hereunder for a city, | 35 |
| village, or incorporated
town, the area within the territorial |
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| boundaries of said city, village, or
incorporated town, and so | 2 |
| long as no county housing authority has
jurisdiction therein, | 3 |
| the area within three miles from such territorial
boundaries, | 4 |
| except any part of such area located within the territorial
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| boundaries of any other city, village, or incorporated town; | 6 |
| and (2) in the
case of a county shall include all of the county | 7 |
| except the area of any
city, village or incorporated town | 8 |
| located therein in which there is an
Authority. When an | 9 |
| authority is created for a county subsequent to the
creation of | 10 |
| an authority for a city, village or incorporated town within
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| the same county, the area of operation of the authority for | 12 |
| such city,
village or incorporated town shall thereafter be | 13 |
| limited to the territory
of such city, village or incorporated | 14 |
| town, but the authority for such
city, village or incorporated | 15 |
| town may continue to operate any project
developed in whole or | 16 |
| in part in an area previously a part of its area of
operation, | 17 |
| or may contract with the county housing authority with respect
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| to the sale, lease, development or administration of such | 19 |
| project. When an
authority is created for a city, village or | 20 |
| incorporated town subsequent to
the creation of a county | 21 |
| housing authority which previously included such
city, village | 22 |
| or incorporated town within its area of operation, such
county | 23 |
| housing authority shall have no power to create any additional
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| project within the city, village or incorporated town, but any | 25 |
| existing
project in the city, village or incorporated town | 26 |
| currently owned and
operated by the county housing authority | 27 |
| shall remain in the ownership,
operation, custody and control | 28 |
| of the county housing authority.
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| (c) "Presiding officer" shall mean the presiding officer of | 30 |
| the
board of a county, or the mayor or president of a city, | 31 |
| village or
incorporated town, as the case may be, for which an | 32 |
| Authority is created
hereunder.
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| (d) "Commissioner" shall mean one of the members of an | 34 |
| Authority
appointed in accordance with the provisions of this | 35 |
| Act.
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| (e) "Government" shall include the State and Federal |
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| governments and
the governments of any subdivisions, agency or | 2 |
| instrumentality,
corporate or otherwise, of either of them.
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| (f) "Department" shall mean the Department of Commerce and
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| Economic Opportunity
Community Affairs .
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| (g) "Project" shall include all lands, buildings, and | 6 |
| improvements,
acquired, owned, leased, managed or operated by a | 7 |
| housing authority, and
all buildings and improvements | 8 |
| constructed, reconstructed or repaired by
a housing authority, | 9 |
| designed to provide housing accommodations and
facilities | 10 |
| appurtenant thereto (including community facilities and
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| stores) which are planned as a unit, whether or not acquired or
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| constructed at one time even though all or a portion of the | 13 |
| buildings
are not contiguous or adjacent to one another; and | 14 |
| the planning of
buildings and improvements, the acquisition of | 15 |
| property, the demolition
of existing structures, the clearing | 16 |
| of land, the construction,
reconstruction, and repair of | 17 |
| buildings or improvements and all other
work in connection | 18 |
| therewith. As provided in Sections 8.14 to 8.18,
inclusive, | 19 |
| "project" also means, for Housing Authorities for
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| municipalities of less than 500,000 population and for | 21 |
| counties, the
conservation of urban areas in accordance with an | 22 |
| approved conservation
plan. "Project" shall also include (1) | 23 |
| acquisition of (i) a slum or
blighted area or a deteriorated or | 24 |
| deteriorating area which is
predominantly residential in | 25 |
| character, or (ii) any other deteriorated
or deteriorating area | 26 |
| which is to be developed or redeveloped for
predominantly | 27 |
| residential uses, or (iii) platted urban or suburban land
which | 28 |
| is predominantly open and which because of obsolete platting,
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| diversity of ownership, deterioration of structures or of site
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| improvements, or otherwise substantially impairs or arrests | 31 |
| the sound
growth of the community and which is to be developed | 32 |
| for predominantly
residential uses, or (iv) open unplatted | 33 |
| urban or suburban land
necessary for sound community growth | 34 |
| which is to be developed for
predominantly residential uses, or | 35 |
| (v) any other area where parcels of
land remain undeveloped | 36 |
| because of improper platting, delinquent taxes
or special |
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| assessments, scattered or uncertain ownerships, clouds on
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| title, artificial values due to excessive utility costs, or any | 3 |
| other
impediments to the use of such area for predominantly | 4 |
| residential uses;
(2) installation, construction, or | 5 |
| reconstruction of streets, utilities,
and other site | 6 |
| improvements essential to the preparation of sites for
uses in | 7 |
| accordance with the development or redevelopment plan; and (3)
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| making the land available for development or redevelopment by | 9 |
| private
enterprise or public agencies (including sale, initial | 10 |
| leasing, or
retention by the local public agency itself). If in | 11 |
| any city, village
or incorporated town there exists a land | 12 |
| clearance commission created
under the "Blighted Areas | 13 |
| Redevelopment Act of 1947" having the same
area of operation as | 14 |
| a housing authority created in and for any such
municipality | 15 |
| such housing authority shall have no power to acquire land
of | 16 |
| the character described in subparagraph (iii), (iv) or (v) of
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| paragraph 1 of the definition of "project" for the purpose of
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| development or redevelopment by private enterprise.
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| (h) "Community facilities" shall include lands, buildings, | 20 |
| and
equipment for recreation or social assembly, for education, | 21 |
| health or
welfare activities and other necessary utilities | 22 |
| primarily for use and
benefit of the occupants of housing | 23 |
| accommodations to be constructed,
reconstructed, repaired or | 24 |
| operated hereunder.
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| (i) "Real property" shall include lands, lands under water,
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| structures, and any and all easements, franchises and | 27 |
| incorporeal
hereditaments and estates, and rights, legal and | 28 |
| equitable, including
terms for years and liens by way of | 29 |
| judgment, mortgage or otherwise.
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| (j) The term "governing body" shall include the city | 31 |
| council of any
city, the president and board of trustees of any | 32 |
| village or incorporated
town, the council of any city or | 33 |
| village, and the county board of any
county.
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| (k) The phrase "individual, association, corporation or
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| organization" shall include any individual, private | 36 |
| corporation,
insurance company, housing corporation, |
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| neighborhood redevelopment
corporation, non-profit | 2 |
| corporation, incorporated or unincorporated
group or | 3 |
| association, educational institution, hospital, or charitable
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| organization, and any mutual ownership or cooperative | 5 |
| organization.
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| (l) "Conservation area", for the purpose of the exercise of | 7 |
| the
powers granted in Sections 8.14 to 8.18, inclusive, for | 8 |
| housing
authorities for municipalities of less than 500,000 | 9 |
| population and for
counties, means an area of not less than 2 | 10 |
| acres in which the structures
in 50% or more of the area are | 11 |
| residential having an average age of 35
years or more. Such an | 12 |
| area is not yet a slum or blighted area as
defined in the | 13 |
| Blighted Areas Redevelopment Act of 1947, but such an
area by | 14 |
| reason of dilapidation, obsolescence, deterioration or illegal
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| use of individual structures, overcrowding of structures and | 16 |
| community
facilities, conversion of residential units into | 17 |
| non-residential use,
deleterious land use or layout, decline of | 18 |
| physical maintenance, lack of
community planning, or any | 19 |
| combination of these factors may become a
slum and blighted | 20 |
| area.
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| (m) "Conservation plan" means the comprehensive program | 22 |
| for the
physical development and replanning of a "Conservation | 23 |
| Area" as defined
in paragraph (l) embodying the steps required | 24 |
| to prevent such
Conservation Area from becoming a slum and | 25 |
| blighted area.
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| (n) "Fair use value" means the fair cash market value of | 27 |
| real
property when employed for the use contemplated by a | 28 |
| "Conservation Plan"
in municipalities of less than 500,000 | 29 |
| population and in counties.
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| (o) "Community facilities" means, in relation to a | 31 |
| "Conservation
Plan", those physical plants which implement, | 32 |
| support and facilitate the
activities, services and interests | 33 |
| of education, recreation, shopping,
health, welfare, religion | 34 |
| and general culture.
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| (p) "Loan agreement" means any agreement pursuant to which | 36 |
| an Authority
agrees to loan the proceeds of its revenue bonds |
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| issued with respect to a
multifamily rental housing project or | 2 |
| other funds of the Authority to any
person upon terms providing | 3 |
| for
loan repayment installments at least sufficient to pay when | 4 |
| due all principal
of, premium, if any, and interest on the | 5 |
| revenue bonds of the Authority issued
with respect to the | 6 |
| multifamily rental housing project, and providing for
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| maintenance, insurance, and
other matters as may be deemed | 8 |
| desirable by the Authority.
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| (q) "Multifamily rental housing" means any rental project | 10 |
| designed for
mixed-income or low-income occupancy. | 11 |
| (r) "Rental assistance program" means any rental project, | 12 |
| program, or unit of housing designed for mixed-income or | 13 |
| low-income occupancy, including but not limited to projects, | 14 |
| programs, or units of housing that: (i) receive the benefit of | 15 |
| a subsidy in the form of tenant-based assistance under the | 16 |
| Section 8 rent subsidy program for lower-income families or the | 17 |
| Housing Choice Voucher Program of the United States Department | 18 |
| of Housing and Urban Development authorized by 42 U.S.C. 1437f; | 19 |
| or (ii) receive the benefit of a subsidy in the form of any | 20 |
| other local, State, or federal rental assistance or rental | 21 |
| support program administered or supervised by the housing | 22 |
| authority. | 23 |
| (s) "Low-income household" means a household whose annual | 24 |
| income does not exceed 80% of the median income for the area. | 25 |
| (t) "Very low-income household" means a household whose | 26 |
| annual income does not exceed 50% of the median income for the | 27 |
| area. | 28 |
| (u) "Extremely low-income household" means a household | 29 |
| whose annual income does not exceed 30% of the median income | 30 |
| for the area.
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| (Source: P.A. 92-481, eff. 8-23-01; revised 12-6-03.)
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| (310 ILCS 10/30.5 new) | 33 |
| Sec. 30.5. Regional cooperative agreements. For the | 34 |
| purpose of enhancing portability, streamlining programs, and | 35 |
| maximizing resources, any 2 or more housing authorities, or any |
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| housing authority and any municipality, may join or cooperate | 2 |
| with one another to create regional cooperative agreements. Any | 3 |
| such agreement shall set forth the rights, powers, and | 4 |
| obligations of the parties to the agreement within the several | 5 |
| cities or towns in which the parties operate. | 6 |
| (310 ILCS 10/30.10 new) | 7 |
| Sec. 30.10. Affirmative furtherance of fair housing.
As | 8 |
| set forth in subsection (G) of Section 1-102 of the Illinois | 9 |
| Human Rights Act, it is the public policy of this State to | 10 |
| establish Equal Opportunity and Affirmative Action as the | 11 |
| policies of this State in all of its decisions, programs, and | 12 |
| activities, and to assure that all State departments, boards, | 13 |
| commissions, and instrumentalities rigorously take affirmative | 14 |
| action to provide equality of opportunity and eliminate the | 15 |
| effects of past discrimination in the internal affairs of State | 16 |
| government and in their relations with the public. | 17 |
| Each housing authority thus is responsible for ensuring | 18 |
| that its programs and activities are administered in a manner | 19 |
| that will affirmatively further the goal of fair housing by: | 20 |
| examining its programs and proposed programs and identifying | 21 |
| any impediments to fair housing choice within those programs; | 22 |
| addressing those impediments in a reasonable fashion in view of | 23 |
| the resources available; working cooperatively with other | 24 |
| housing authorities and local governments to implement | 25 |
| initiatives to affirmatively further fair housing, including | 26 |
| but not limited to streamlining and enhancing mobility and | 27 |
| portability for rental assistance program participants, and | 28 |
| ensuring the participation of landlords with housing units in | 29 |
| areas of economic opportunity and that foster racial | 30 |
| integration; and maintaining records reflecting these analyses | 31 |
| and actions.
| 32 |
| Section 99. Effective date. This Act takes effect upon | 33 |
| becoming law.
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