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HB5238 Enrolled |
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LRB095 17084 DRJ 43137 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 |
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| changing Sections 8.2, 14, 17, and 24 as follows:
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| (310 ILCS 10/8.2) (from Ch. 67 1/2, par. 8.2)
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| Sec. 8.2. Projects; competitive bidding; arrangement with |
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| for-profit developer. An Authority has power to prepare, carry |
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| out and operate
projects; to provide for the construction, |
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| reconstruction, improvement,
alteration or repair of any |
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| project or any part thereof; to take over by
purchase, lease, |
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| or otherwise any project undertaken by any government;
to act |
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| as agent for the Federal government in connection with the
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| acquisition, construction, operation, or management of a |
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| project or any
part thereof; to arrange with any government |
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| within the area of
operation for the furnishing, planning, |
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| replanning, opening or closing
of streets, roads, roadways, |
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| alleys, parks, or other places of public
facilities or for the |
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| acquisition by any government or any agency,
instrumentality or |
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| subdivision thereof, of property, options or property
rights or |
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| for the furnishing of property or services in connection with
a |
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| project; to function as an agency of the city, village, |
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| incorporated
town or county for which it is constituted an |
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LRB095 17084 DRJ 43137 b |
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| Authority and to act as an
agent (when so designated) for any |
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| government, with respect to matters
relating to housing and the |
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| purposes of this Act, including action for
the elimination of |
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| unsafe and unsanitary dwellings, the provision of
rental |
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| assistance, the clearing and redevelopment of blighted or slum
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| areas, the assembly of improved and unimproved land for |
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| development or
redevelopment purposes, the conservation and |
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| rehabilitation of existing
housing, and the provision of |
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| decent, safe and sanitary and affordable
housing |
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| accommodations, and to utilize any and all of its powers to |
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| assist
governments in any manner which will tend to further the |
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| objectives of this
Act; to assist through the exercise of the |
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| powers herein conferred any
individual, association, |
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| corporation or organization which presents a plan
for |
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| developing or redeveloping any property within the area of |
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| operation of
the Authority which will tend to provide decent, |
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| safe and sanitary and
affordable housing, or promote other uses |
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| essential to sound community growth.
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| In counties having a population of less than 1,000,000, any |
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| contract
in which State funds are used for repair, improvement |
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| or rehabilitation
of existing improvements that involves |
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| expenditures that meet the
requirements applicable to either |
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| federal or State programs shall be let by
free and competitive |
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| bidding to the lowest responsible bidder upon bond and
subject |
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| to regulations as may be set by the Department and with the |
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| written
approval of the Department. In the case of an emergency |
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HB5238 Enrolled |
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LRB095 17084 DRJ 43137 b |
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| affecting the
public health or safety declared by a majority |
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| vote of the commissioners of
the Housing Authority, contracts |
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| may be let, to the extent necessary to
resolve an emergency, |
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| without public advertisement or competitive bidding.
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| In addition to the powers conferred by this Act and other |
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| laws concerning housing authorities, a Housing Authority in any |
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| municipality having a population in excess of 1,000,000 shall |
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| be authorized to participate as a partner or member of a |
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| partnership, limited liability company, joint venture, or |
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| other form of a business arrangement with a for-profit |
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| developer or non-profit developer and shall have all powers |
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| deemed necessary and appropriate to engage in the |
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| rehabilitation and development or ownership, or both |
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| development and ownership, of low-income and mixed-income |
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| rental and for-sale housing as a partner or member of a |
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| partnership, limited liability company, or joint venture. |
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| (Source: P.A. 87-200.)
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| (310 ILCS 10/14) (from Ch. 67 1/2, par. 14)
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| Sec. 14. Approval of projects by Department. Prior to the |
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| acquisition of title to any real property an
Authority shall |
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| submit to the Department
data as to the location and cost of |
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| the property, and prior to the
undertaking of any construction |
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| or other initiation of a project an
Authority shall submit to |
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| the Department the
proposed plans, specifications and |
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| estimates of the costs and a
statement of the proposed methods |
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HB5238 Enrolled |
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LRB095 17084 DRJ 43137 b |
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| of financing and operating the
project. An Authority shall not |
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| finally acquire title to any real
estate nor undertake the |
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| construction or operation of a project without
the approval of |
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| the Department; provided that, if the
Department shall fail |
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| within thirty days
after receipt thereof to state its |
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| disapproval of the proposals or such
modifications thereof as |
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| it may deem desirable, the proposals shall be
deemed to have |
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| been approved as submitted. No change involving an
expenditure |
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| of more than twenty-five hundred dollars ($2500) shall be
made |
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| in any proposal approved by the Department
without submission |
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| to the Department
in the manner prescribed in this Section. The |
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| provisions of this
Section shall not apply with reference to |
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| any project which is or is to
be financed in whole or in part by |
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| the federal government or any agency
or instrumentality thereof |
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| or undertaken pursuant to the additional powers conferred in |
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| Section 8.2 upon housing authorities in any municipality having |
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| a population in excess of 1,000,000 pursuant to this amendatory |
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| Act of the 95th General Assembly .
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| (Source: P.A. 82-783.)
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| (310 ILCS 10/17) (from Ch. 67 1/2, par. 17)
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| Sec. 17. Definitions. The following terms, wherever used or |
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| referred to in this
Act shall have the following respective |
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| meanings, unless in any case a
different meaning clearly |
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| appears from the context:
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| (a) "Authority" or "housing authority" shall mean a |
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| municipal
corporation organized in accordance with the |
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| provisions of this Act for
the purposes, with the powers and |
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| subject to the restrictions herein set
forth.
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| (b) "Area" or "area of operation" shall mean: (1) in the |
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| case of an
authority which is created hereunder for a city, |
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| village, or incorporated
town, the area within the territorial |
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| boundaries of said city, village, or
incorporated town, and so |
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| long as no county housing authority has
jurisdiction therein, |
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| the area within three miles from such territorial
boundaries, |
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| except any part of such area located within the territorial
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| boundaries of any other city, village, or incorporated town; |
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| and (2) in the
case of a county shall include all of the county |
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| except the area of any
city, village or incorporated town |
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| located therein in which there is an
Authority. When an |
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| authority is created for a county subsequent to the
creation of |
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| 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 |
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| such city,
village or incorporated town shall thereafter be |
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| limited to the territory
of such city, village or incorporated |
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| town, but the authority for such
city, village or incorporated |
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| town may continue to operate any project
developed in whole or |
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| in part in an area previously a part of its area of
operation, |
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| or may contract with the county housing authority with respect
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| to the sale, lease, development or administration of such |
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| project. When an
authority is created for a city, village or |
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| incorporated town subsequent to
the creation of a county |
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HB5238 Enrolled |
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LRB095 17084 DRJ 43137 b |
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| housing authority which previously included such
city, village |
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| or incorporated town within its area of operation, such
county |
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| housing authority shall have no power to create any additional
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| project within the city, village or incorporated town, but any |
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| existing
project in the city, village or incorporated town |
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| currently owned and
operated by the county housing authority |
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| shall remain in the ownership,
operation, custody and control |
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| of the county housing authority.
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| (c) "Presiding officer" shall mean the presiding officer of |
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| the
board of a county, or the mayor or president of a city, |
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| village or
incorporated town, as the case may be, for which an |
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| Authority is created
hereunder.
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| (d) "Commissioner" shall mean one of the members of an |
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| Authority
appointed in accordance with the provisions of this |
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| 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 |
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| 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.
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| (g) "Project" shall include all lands, buildings, and |
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| improvements,
acquired, owned, leased, managed or operated by a |
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| housing authority, and
all buildings and improvements |
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| constructed, reconstructed or repaired by
a housing authority, |
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| designed to provide housing accommodations and
facilities |
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| appurtenant thereto (including community facilities and
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HB5238 Enrolled |
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LRB095 17084 DRJ 43137 b |
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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 |
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| buildings
are not contiguous or adjacent to one another; and |
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| the planning of
buildings and improvements, the acquisition of |
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| property, the demolition
of existing structures, the clearing |
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| of land, the construction,
reconstruction, and repair of |
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| buildings or improvements and all other
work in connection |
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| therewith. As provided in Sections 8.14 to 8.18,
inclusive, |
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| "project" also means, for Housing Authorities for
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| municipalities of less than 500,000 population and for |
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| counties, the
conservation of urban areas in accordance with an |
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| approved conservation
plan. "Project" shall also include (1) |
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| acquisition of (i) a slum or
blighted area or a deteriorated or |
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| deteriorating area which is
predominantly residential in |
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| character, or (ii) any other deteriorated
or deteriorating area |
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| which is to be developed or redeveloped for
predominantly |
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| residential uses, or (iii) platted urban or suburban land
which |
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| 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 |
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| the sound
growth of the community and which is to be developed |
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| for predominantly
residential uses, or (iv) open unplatted |
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| urban or suburban land
necessary for sound community growth |
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| which is to be developed for
predominantly residential uses, or |
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| (v) any other area where parcels of
land remain undeveloped |
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| because of improper platting, delinquent taxes
or special |
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HB5238 Enrolled |
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LRB095 17084 DRJ 43137 b |
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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 |
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| other
impediments to the use of such area for predominantly |
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| residential uses;
(2) installation, construction, or |
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| reconstruction of streets, utilities,
and other site |
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| improvements essential to the preparation of sites for
uses in |
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| accordance with the development or redevelopment plan; and (3)
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| making the land available for development or redevelopment by |
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| private
enterprise or public agencies (including sale, initial |
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| leasing, or
retention by the local public agency itself). If in |
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| any city, village
or incorporated town there exists a land |
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| clearance commission created
under the "Blighted Areas |
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| Redevelopment Act of 1947" having the same
area of operation as |
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| a housing authority created in and for any such
municipality |
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| such housing authority shall have no power to acquire land
of |
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| 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, |
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| and
equipment for recreation or social assembly, for education, |
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| health or
welfare activities and other necessary utilities |
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| primarily for use and
benefit of the occupants of housing |
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| accommodations to be constructed,
reconstructed, repaired or |
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| 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 |
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LRB095 17084 DRJ 43137 b |
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| incorporeal
hereditaments and estates, and rights, legal and |
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| equitable, including
terms for years and liens by way of |
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| judgment, mortgage or otherwise.
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| (j) The term "governing body" shall include the city |
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| council of any
city, the president and board of trustees of any |
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| village or incorporated
town, the council of any city or |
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| 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 |
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| corporation, limited or general partnership, limited liability |
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| company,
insurance company, housing corporation, neighborhood |
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| redevelopment
corporation, non-profit corporation, |
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| incorporated or unincorporated
group or association, |
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| educational institution, hospital, or charitable
organization, |
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| and any mutual ownership or cooperative organization.
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| (l) "Conservation area", for the purpose of the exercise of |
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| the
powers granted in Sections 8.14 to 8.18, inclusive, for |
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| housing
authorities for municipalities of less than 500,000 |
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| population and for
counties, means an area of not less than 2 |
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| acres in which the structures
in 50% or more of the area are |
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| residential having an average age of 35
years or more. Such an |
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| area is not yet a slum or blighted area as
defined in the |
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| Blighted Areas Redevelopment Act of 1947, but such an
area by |
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| reason of dilapidation, obsolescence, deterioration or illegal
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| use of individual structures, overcrowding of structures and |
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| community
facilities, conversion of residential units into |
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HB5238 Enrolled |
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LRB095 17084 DRJ 43137 b |
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| non-residential use,
deleterious land use or layout, decline of |
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| physical maintenance, lack of
community planning, or any |
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| combination of these factors may become a
slum and blighted |
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| area.
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| (m) "Conservation plan" means the comprehensive program |
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| for the
physical development and replanning of a "Conservation |
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| Area" as defined
in paragraph (l) embodying the steps required |
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| to prevent such
Conservation Area from becoming a slum and |
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| blighted area.
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| (n) "Fair use value" means the fair cash market value of |
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| real
property when employed for the use contemplated by a |
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| "Conservation Plan"
in municipalities of less than 500,000 |
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| population and in counties.
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| (o) "Community facilities" means, in relation to a |
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| "Conservation
Plan", those physical plants which implement, |
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| support and facilitate the
activities, services and interests |
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| of education, recreation, shopping,
health, welfare, religion |
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| and general culture.
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| (p) "Loan agreement" means any agreement pursuant to which |
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| 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 |
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| other funds of the Authority to any
person upon terms providing |
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| for
loan repayment installments at least sufficient to pay when |
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| due all principal
of, premium, if any, and interest on the |
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| revenue bonds of the Authority issued
with respect to the |
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| multifamily rental housing project, and providing for
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HB5238 Enrolled |
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LRB095 17084 DRJ 43137 b |
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| maintenance, insurance, and
other matters as may be deemed |
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| desirable by the Authority.
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| (q) "Multifamily rental housing" means any rental project |
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| designed for
mixed-income or low-income occupancy.
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| (Source: P.A. 94-793, eff. 5-19-06.)
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| (310 ILCS 10/24) (from Ch. 67 1/2, par. 24)
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| Sec. 24. Management and operation of housing projects. It |
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| is hereby declared to be the policy of this State that each |
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| housing
authority shall manage and operate its housing projects |
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| in an efficient
manner so as to enable it to fix the rentals |
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| for dwellings at the lowest
possible rates consistent with its |
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| providing decent, safe and sanitary
and affordable dwellings, |
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| and that no Housing Authority shall construct
or operate any |
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| project for profit, or as a source of revenue to a city,
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| village, incorporated town or county. To this end an Authority |
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| shall fix
the rentals for dwellings in its projects at no |
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| higher rates than it shall
find to be necessary in order to |
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| produce revenues which (together with all
other available |
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| moneys, revenues, income and receipts of the Authority from
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| whatever sources derived) will be sufficient (a) to pay, as the |
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| same
becomes due, the principal and interest on the bonds of |
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| the Authority; (b)
to meet and provide for the cost of |
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| maintaining and operating the projects
(including the cost of |
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| any insurance on the projects or bonds issued
therefor) and the |
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| administrative expenses of the Authority; (c) to create
(during |
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| not less than the ten years immediately succeeding its issuance |
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| of
any bonds) a reserve sufficient to meet the large principal |
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| and interest
payments which will be due on bonds in any 2 |
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| consecutive years
thereafter, and to maintain a reserve; and |
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| (d) to create a reasonable
reserve solely from any |
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| contributions or grants to the Authority from the
federal |
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| government, the State, or any political subdivision of the |
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| State
for the purpose of meeting the cost of maintaining and |
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| operating the
project and of paying the principal and interest |
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| on its bonds.
The management of low-rent public housing |
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| projects financed and developed
under the U.S. Housing Act of |
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| 1937, as now or hereafter amended, shall be
in accordance with |
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| the provisions of that Act. The provisions of this Section 24 |
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| shall not apply to any project undertaken pursuant to the |
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| additional powers conferred in Section 8.2 upon housing |
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| authorities in any municipality having a population in excess |
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| of 1,000,000 pursuant to this amendatory Act of the 95th |
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| General Assembly.
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| (Source: P.A. 87-200.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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