Full Text of HB0206 101st General Assembly
HB0206ham001 101ST GENERAL ASSEMBLY | Rep. Delia C. Ramirez Filed: 2/25/2020
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| 1 | | AMENDMENT TO HOUSE BILL 206
| 2 | | AMENDMENT NO. ______. Amend House Bill 206 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Housing Authorities Act is amended by | 5 | | changing Sections 8.23, 17, and 25 and by adding Sections | 6 | | 8.10a, 25.01, and 25.02 as follows: | 7 | | (310 ILCS 10/8.10a new) | 8 | | Sec. 8.10a. Criminal history record data. | 9 | | (a) Every Authority organized under the provisions of this | 10 | | Act shall collect the following: | 11 | | (1) the number of applications submitted for admission | 12 | | to federally assisted housing; | 13 | | (2)
the number of applications submitted for admission | 14 | | to federally assisted housing by individuals with a | 15 | | criminal history record, if the Authority is conducting | 16 | | criminal history records checks of applicants or other |
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| 1 | | household members; | 2 | | (3)
the number of applications for admission to | 3 | | federally assisted housing that were denied on the basis of | 4 | | a criminal history record, if the Authority is conducting | 5 | | criminal history records checks of applicants or other | 6 | | household members; | 7 | | (4)
the number of criminal records assessment hearings | 8 | | requested by applicants for housing who were denied | 9 | | federally assisted housing on the basis of a criminal | 10 | | history records check; and | 11 | | (5)
the number of denials for federally assisted | 12 | | housing that were overturned after a criminal records | 13 | | assessment hearing. | 14 | | (b) The information required in this Section shall be | 15 | | disaggregated by the race, ethnicity, and sex of applicants for | 16 | | housing. This information shall be reported to the Illinois | 17 | | Criminal Justice Information Authority and shall be compiled | 18 | | and reported to the General Assembly annually by the Illinois | 19 | | Criminal Justice Information Authority. The Illinois Criminal | 20 | | Justice Information Authority shall also make this report | 21 | | publicly available, including on its website, without fee.
| 22 | | (310 ILCS 10/8.23)
| 23 | | Sec. 8.23.
Notification to leaseholders of the prospective | 24 | | presence of
individuals with a felony conviction felons
in
| 25 | | housing authority facilities; eviction.
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| 1 | | (a) Immediately upon the receipt of the written | 2 | | notification, from the
Department of Corrections under | 3 | | subsection (c) of Section 3-14-1 of the Unified
Code of | 4 | | Corrections, that an individual with a felony conviction a | 5 | | felon
intends to reside, upon release from custody, at an | 6 | | address that is a housing
facility owned,
managed, operated, or | 7 | | leased by the Authority, the Authority must provide
written | 8 | | notification to the leaseholder residing at
that
address.
| 9 | | (b) The Authority may not evict the leaseholder described | 10 | | in subsection (a)
of
this Section unless (i) federal law | 11 | | prohibits the individual with a felony conviction from residing | 12 | | at a housing
facility owned,
managed, operated, or leased by | 13 | | the Authority and (ii) the Authority proves by a preponderance | 14 | | of the evidence
that
the leaseholder had knowledge of and | 15 | | consents to the individual's felon's
intent to reside at the | 16 | | leaseholder's address.
| 17 | | (Source: P.A. 91-506, eff. 8-13-99.)
| 18 | | (310 ILCS 10/17) (from Ch. 67 1/2, par. 17)
| 19 | | Sec. 17. Definitions. The following terms, wherever used or | 20 | | referred to in this
Act shall have the following respective | 21 | | meanings, unless in any case a
different meaning clearly | 22 | | appears from the context:
| 23 | | (a) "Authority" or "housing authority" shall mean a | 24 | | municipal
corporation organized in accordance with the | 25 | | provisions of this Act for
the purposes, with the powers and |
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| 1 | | subject to the restrictions herein set
forth.
| 2 | | (b) "Area" or "area of operation" shall mean: (1) in the | 3 | | case of an
authority which is created hereunder for a city, | 4 | | village, or incorporated
town, the area within the territorial | 5 | | boundaries of said city, village, or
incorporated town, and so | 6 | | long as no county housing authority has
jurisdiction therein, | 7 | | the area within three miles from such territorial
boundaries, | 8 | | except any part of such area located within the territorial
| 9 | | boundaries of any other city, village, or incorporated town; | 10 | | and (2) in the
case of a county shall include all of the county | 11 | | except the area of any
city, village or incorporated town | 12 | | located therein in which there is an
Authority. When an | 13 | | authority is created for a county subsequent to the
creation of | 14 | | an authority for a city, village or incorporated town within
| 15 | | the same county, the area of operation of the authority for | 16 | | such city,
village or incorporated town shall thereafter be | 17 | | limited to the territory
of such city, village or incorporated | 18 | | town, but the authority for such
city, village or incorporated | 19 | | town may continue to operate any project
developed in whole or | 20 | | in part in an area previously a part of its area of
operation, | 21 | | or may contract with the county housing authority with respect
| 22 | | to the sale, lease, development or administration of such | 23 | | project. When an
authority is created for a city, village or | 24 | | incorporated town subsequent to
the creation of a county | 25 | | housing authority which previously included such
city, village | 26 | | or incorporated town within its area of operation, such
county |
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| 1 | | housing authority shall have no power to create any additional
| 2 | | project within the city, village or incorporated town, but any | 3 | | existing
project in the city, village or incorporated town | 4 | | currently owned and
operated by the county housing authority | 5 | | shall remain in the ownership,
operation, custody and control | 6 | | of the county housing authority.
| 7 | | (b-5) "Criminal history record" means a record of arrest, | 8 | | complaint, indictment, or any disposition arising therefrom. | 9 | | (b-6) "Criminal history report" means any written, oral, or | 10 | | other communication of information that includes criminal | 11 | | history record information about a natural person that is | 12 | | produced by a law enforcement agency, a court, a consumer | 13 | | reporting agency, or a housing screening agency or business. | 14 | | (c) "Presiding officer" shall mean the presiding officer of | 15 | | the
board of a county, or the mayor or president of a city, | 16 | | village or
incorporated town, as the case may be, for which an | 17 | | Authority is created
hereunder.
| 18 | | (d) "Commissioner" shall mean one of the members of an | 19 | | Authority
appointed in accordance with the provisions of this | 20 | | Act.
| 21 | | (e) "Government" shall include the State and Federal | 22 | | governments and
the governments of any subdivisions, agency or | 23 | | instrumentality,
corporate or otherwise, of either of them.
| 24 | | (f) "Department" shall mean the Department of Commerce and
| 25 | | Economic Opportunity.
| 26 | | (g) "Project" shall include all lands, buildings, and |
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| 1 | | improvements,
acquired, owned, leased, managed or operated by a | 2 | | housing authority, and
all buildings and improvements | 3 | | constructed, reconstructed or repaired by
a housing authority, | 4 | | designed to provide housing accommodations and
facilities | 5 | | appurtenant thereto (including community facilities and
| 6 | | stores) which are planned as a unit, whether or not acquired or
| 7 | | constructed at one time even though all or a portion of the | 8 | | buildings
are not contiguous or adjacent to one another; and | 9 | | the planning of
buildings and improvements, the acquisition of | 10 | | property, the demolition
of existing structures, the clearing | 11 | | of land, the construction,
reconstruction, and repair of | 12 | | buildings or improvements and all other
work in connection | 13 | | therewith. As provided in Sections 8.14 to 8.18,
inclusive, | 14 | | "project" also means, for Housing Authorities for
| 15 | | municipalities of less than 500,000 population and for | 16 | | counties, the
conservation of urban areas in accordance with an | 17 | | approved conservation
plan. "Project" shall also include (1) | 18 | | acquisition of (i) a slum or
blighted area or a deteriorated or | 19 | | deteriorating area which is
predominantly residential in | 20 | | character, or (ii) any other deteriorated
or deteriorating area | 21 | | which is to be developed or redeveloped for
predominantly | 22 | | residential uses, or (iii) platted urban or suburban land
which | 23 | | is predominantly open and which because of obsolete platting,
| 24 | | diversity of ownership, deterioration of structures or of site
| 25 | | improvements, or otherwise substantially impairs or arrests | 26 | | the sound
growth of the community and which is to be developed |
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| 1 | | for predominantly
residential uses, or (iv) open unplatted | 2 | | urban or suburban land
necessary for sound community growth | 3 | | which is to be developed for
predominantly residential uses, or | 4 | | (v) any other area where parcels of
land remain undeveloped | 5 | | because of improper platting, delinquent taxes
or special | 6 | | assessments, scattered or uncertain ownerships, clouds on
| 7 | | title, artificial values due to excessive utility costs, or any | 8 | | other
impediments to the use of such area for predominantly | 9 | | residential uses;
(2) installation, construction, or | 10 | | reconstruction of streets, utilities,
and other site | 11 | | improvements essential to the preparation of sites for
uses in | 12 | | accordance with the development or redevelopment plan; and (3)
| 13 | | making the land available for development or redevelopment by | 14 | | private
enterprise or public agencies (including sale, initial | 15 | | leasing, or
retention by the local public agency itself). If in | 16 | | any city, village
or incorporated town there exists a land | 17 | | clearance commission created
under the "Blighted Areas | 18 | | Redevelopment Act of 1947" having the same
area of operation as | 19 | | a housing authority created in and for any such
municipality | 20 | | such housing authority shall have no power to acquire land
of | 21 | | the character described in subparagraph (iii), (iv) or (v) of
| 22 | | paragraph 1 of the definition of "project" for the purpose of
| 23 | | development or redevelopment by private enterprise.
| 24 | | (h) "Community facilities" shall include lands, buildings, | 25 | | and
equipment for recreation or social assembly, for education, | 26 | | health or
welfare activities and other necessary utilities |
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| 1 | | primarily for use and
benefit of the occupants of housing | 2 | | accommodations to be constructed,
reconstructed, repaired or | 3 | | operated hereunder.
| 4 | | (i) "Real property" shall include lands, lands under water,
| 5 | | structures, and any and all easements, franchises and | 6 | | incorporeal
hereditaments and estates, and rights, legal and | 7 | | equitable, including
terms for years and liens by way of | 8 | | judgment, mortgage or otherwise.
| 9 | | (j) The term "governing body" shall include the city | 10 | | council of any
city, the president and board of trustees of any | 11 | | village or incorporated
town, the council of any city or | 12 | | village, and the county board of any
county.
| 13 | | (k) The phrase "individual, association, corporation or
| 14 | | organization" shall include any individual, private | 15 | | corporation, limited or general partnership, limited liability | 16 | | company,
insurance company, housing corporation, neighborhood | 17 | | redevelopment
corporation, non-profit corporation, | 18 | | incorporated or unincorporated
group or association, | 19 | | educational institution, hospital, or charitable
organization, | 20 | | and any mutual ownership or cooperative organization.
| 21 | | (l) "Conservation area", for the purpose of the exercise of | 22 | | the
powers granted in Sections 8.14 to 8.18, inclusive, for | 23 | | housing
authorities for municipalities of less than 500,000 | 24 | | population and for
counties, means an area of not less than 2 | 25 | | acres in which the structures
in 50% or more of the area are | 26 | | residential having an average age of 35
years or more. Such an |
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| 1 | | area is not yet a slum or blighted area as
defined in the | 2 | | Blighted Areas Redevelopment Act of 1947, but such an
area by | 3 | | reason of dilapidation, obsolescence, deterioration or illegal
| 4 | | use of individual structures, overcrowding of structures and | 5 | | community
facilities, conversion of residential units into | 6 | | non-residential use,
deleterious land use or layout, decline of | 7 | | physical maintenance, lack of
community planning, or any | 8 | | combination of these factors may become a
slum and blighted | 9 | | area.
| 10 | | (m) "Conservation plan" means the comprehensive program | 11 | | for the
physical development and replanning of a "Conservation | 12 | | Area" as defined
in paragraph (l) embodying the steps required | 13 | | to prevent such
Conservation Area from becoming a slum and | 14 | | blighted area.
| 15 | | (n) "Fair use value" means the fair cash market value of | 16 | | real
property when employed for the use contemplated by a | 17 | | "Conservation Plan"
in municipalities of less than 500,000 | 18 | | population and in counties.
| 19 | | (o) "Community facilities" means, in relation to a | 20 | | "Conservation
Plan", those physical plants which implement, | 21 | | support and facilitate the
activities, services and interests | 22 | | of education, recreation, shopping,
health, welfare, religion | 23 | | and general culture.
| 24 | | (p) "Loan agreement" means any agreement pursuant to which | 25 | | an Authority
agrees to loan the proceeds of its revenue bonds | 26 | | issued with respect to a
multifamily rental housing project or |
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| 1 | | other funds of the Authority to any
person upon terms providing | 2 | | for
loan repayment installments at least sufficient to pay when | 3 | | due all principal
of, premium, if any, and interest on the | 4 | | revenue bonds of the Authority issued
with respect to the | 5 | | multifamily rental housing project, and providing for
| 6 | | maintenance, insurance, and
other matters as may be deemed | 7 | | desirable by the Authority.
| 8 | | (q) "Multifamily rental housing" means any rental project | 9 | | designed for
mixed-income or low-income occupancy.
| 10 | | (Source: P.A. 94-793, eff. 5-19-06; 95-887, eff. 8-22-08.)
| 11 | | (310 ILCS 10/25)
(from Ch. 67 1/2, par. 25)
| 12 | | Sec. 25. Rentals and tenant selection. In the operation or | 13 | | management
of housing projects an Authority
shall at all times | 14 | | observe the following duties with respect to rentals and
tenant | 15 | | selection:
| 16 | | (a) It shall not accept any person as a tenant in any
| 17 | | dwelling in a housing project if the persons who would occupy | 18 | | the dwelling
have an aggregate annual income which equals or | 19 | | exceeds the amount which
the Authority determines (which | 20 | | determination shall be conclusive) to be
necessary in order to | 21 | | enable such persons to secure safe, sanitary and
uncongested | 22 | | dwelling accommodations within the area of operation of the
| 23 | | Authority and to provide an adequate standard of living for | 24 | | themselves.
| 25 | | (b) It may rent or lease the dwelling accommodations |
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| 1 | | therein only at rentals
within the financial reach of persons | 2 | | who lack the amount of income which
it determines (pursuant to | 3 | | (a) of this Section) to be necessary in order to
obtain safe, | 4 | | sanitary and uncongested dwelling accommodations within the
| 5 | | area of operation of the Authority and to provide an adequate | 6 | | standard of
living.
| 7 | | (c) It may rent or lease to a tenant a dwelling consisting | 8 | | of the
number of rooms (but no greater number) which it deems | 9 | | necessary to provide
safe and sanitary accommodations to the | 10 | | proposed occupants thereof, without
overcrowding.
| 11 | | (d) It shall not change the residency preference of any | 12 | | prospective
tenant once the application has been accepted by | 13 | | the authority.
| 14 | | (e) It may refuse to certify or recertify applicants, | 15 | | current tenants, or
other household members if, after due | 16 | | notice
and an impartial hearing, that person or any of the | 17 | | proposed occupants of
the dwelling has, prior to or during a | 18 | | term of tenancy or occupancy in any
housing
project operated by | 19 | | an Authority, been convicted of a criminal offense
relating to | 20 | | the sale or distribution of controlled
substances under the
| 21 | | laws of this State, the United States or any other state.
If an | 22 | | Authority desires a criminal history records check of all 50 | 23 | | states
or a 50-state confirmation of a conviction record, the | 24 | | Authority shall submit
the fingerprints of the relevant | 25 | | applicant, tenant, or other household member
to the Department | 26 | | of State Police in a manner prescribed by the Department of
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| 1 | | State Police. These
fingerprints shall be checked against the | 2 | | fingerprint records now and hereafter
filed in the
Department | 3 | | of State Police and
Federal Bureau of Investigation criminal | 4 | | history records databases.
The Department of State Police shall | 5 | | charge a fee
for conducting the criminal history records check, | 6 | | which shall be deposited in
the State Police Services Fund and | 7 | | shall not exceed the actual cost of the
records check. The | 8 | | Department of State Police shall furnish pursuant to
positive | 9 | | identification, records of conviction to the Authority. An | 10 | | Authority that requests a criminal history report of an | 11 | | applicant or other household member shall inform the applicant | 12 | | at the time of the request that the applicant or other | 13 | | household member may provide additional mitigating information | 14 | | for consideration with the application for housing.
| 15 | | (e-5) Criminal history record assessment. The Authority | 16 | | shall use the following process when evaluating the criminal | 17 | | history report of an applicant or other household member to | 18 | | determine whether to rent or lease to the applicant: | 19 | | (1) Unless required by federal law, the Authority shall | 20 | | not consider the following information when determining | 21 | | whether to rent or lease to an applicant for housing: | 22 | | (A) an arrest or detention; | 23 | | (B) criminal charges or indictments, and the | 24 | | nature of any disposition arising therefrom, that do | 25 | | not result in a conviction; | 26 | | (C) a conviction that has been vacated, ordered, |
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| 1 | | expunged, sealed, or impounded by a court; | 2 | | (D) matters under the jurisdiction of the Illinois | 3 | | Juvenile Court; | 4 | | (E) the amount of time since the applicant or other | 5 | | household member completed his or her sentence in | 6 | | prison or jail or was released from prison or jail; or | 7 | | (F) convictions occurring more than 180 days prior | 8 | | to the date the applicant submitted his or her | 9 | | application for housing. | 10 | | (2) The Authority shall create a system for the | 11 | | independent review of criminal history reports: | 12 | | (A) the reviewer shall examine the applicant's or | 13 | | other household member's criminal history report and | 14 | | report only those records not prohibited under | 15 | | paragraph (1) to the person or persons making the | 16 | | decision about whether to offer housing to the | 17 | | applicant; and | 18 | | (B) the reviewer shall not participate in any final | 19 | | decisions on an applicant's application for housing. | 20 | | (3) The Authority may deny an applicant's application | 21 | | for housing because of the applicant's or another household | 22 | | member's criminal history record, only if the Authority: | 23 | | (A) determines that the denial is required under | 24 | | federal law; or | 25 | | (B)
determines that there is a direct relationship | 26 | | between the applicant or the other household member's |
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| 1 | | criminal history record and a risk to the health, | 2 | | safety, and peaceful enjoyment of fellow tenants. The | 3 | | mere existence of a criminal history record does not | 4 | | demonstrate such a risk. | 5 | | (f) It may, if a tenant has created or maintained a threat
| 6 | | constituting a serious and clear danger to the health or safety | 7 | | of other
tenants or Authority employees, after 3 days' written | 8 | | notice
of termination and without a hearing, file suit against | 9 | | any such tenant for
recovery of possession of the premises. The | 10 | | tenant shall be given the
opportunity to contest the | 11 | | termination in the court proceedings. A serious
and clear | 12 | | danger to the health or safety of other tenants or Authority
| 13 | | employees shall include, but not be limited to, any of the | 14 | | following
activities of the tenant or of any other person on | 15 | | the premises with the
consent of the tenant:
| 16 | | (1) Physical assault or the threat of physical assault.
| 17 | | (2) Illegal use of a firearm or other weapon or the | 18 | | threat to use in
an illegal manner a firearm or other | 19 | | weapon.
| 20 | | (3) Possession of a controlled substance by the tenant | 21 | | or any other person
on the premises with the consent of the | 22 | | tenant if the tenant knew or should
have known of the | 23 | | possession by the other person of a controlled
substance, | 24 | | unless the controlled substance was obtained
directly from | 25 | | or pursuant to a valid prescription.
| 26 | | (4) Streetgang membership as defined in the Illinois
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| 1 | | Streetgang Terrorism Omnibus Prevention Act.
| 2 | | The management of low-rent public housing projects | 3 | | financed and developed
under the U.S. Housing Act of 1937 shall
| 4 | | be in accordance with that Act.
| 5 | | Nothing contained in this Section or any other Section of | 6 | | this Act shall
be construed as limiting the power of an | 7 | | Authority to vest in a bondholder
or trustee the right, in the | 8 | | event of a default by the Authority, to take
possession and | 9 | | operate a housing project or cause the appointment of a
| 10 | | receiver thereof, free from all restrictions imposed by this | 11 | | Section or any
other Section of this Act.
| 12 | | (Source: P.A. 93-418, eff. 1-1-04; 93-749, eff. 7-15-04.)
| 13 | | (310 ILCS 10/25.01 new) | 14 | | Sec. 25.01. Notification. Before denying an applicant's | 15 | | housing application based, in whole or in part, on a criminal | 16 | | history record permitted under this Act, the Authority shall | 17 | | provide the opportunity for an individual assessment. The | 18 | | applicant for housing shall be provided with a clear, written | 19 | | notice that: | 20 | | (1) explains why the Authority has determined that the | 21 | | criminal history report it obtained requires further | 22 | | review, including detailed information on whether the need | 23 | | for further review is based on federal law or on the | 24 | | Authority's determination that the criminal history record | 25 | | of the applicant or other household member indicates a risk |
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| 1 | | to the health, safety, or peaceful enjoyment of housing for | 2 | | other residents; | 3 | | (2) identifies the specific conviction or convictions | 4 | | upon which the Authority relied upon when making its | 5 | | decision to deny the applicant's housing application; | 6 | | (3) explains that the applicant has a right to an | 7 | | individualized criminal records assessment hearing | 8 | | regarding the Authority's decision to deny the applicant's | 9 | | housing application, as set forth in Section 25.02; | 10 | | (4) provides clear instructions on what to expect | 11 | | during an individualized criminal records assessment | 12 | | hearing, as set forth in Section 25.02; | 13 | | (5) explains that if the applicant chooses not to | 14 | | participate in an individualized criminal records | 15 | | assessment hearing, the applicant's application will be | 16 | | denied; and | 17 | | (6) provides a copy of the criminal history report the | 18 | | Authority used to make its determination. | 19 | | (310 ILCS 10/25.02 new) | 20 | | Sec. 25.02. Criminal records assessment hearing. | 21 | | (a) An applicant has the right to an individualized | 22 | | criminal records assessment hearing if the applicant's | 23 | | application for housing requires further review because of the | 24 | | applicant's or another household member's criminal history | 25 | | record. The individualized criminal records assessment hearing |
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| 1 | | shall allow the applicant or other household member to: | 2 | | (1) contest the accuracy of the criminal history | 3 | | record; | 4 | | (2) contest the relevance of the criminal history | 5 | | record to the Authority's decision to deny the applicant's | 6 | | application for housing; and | 7 | | (3) provide mitigating evidence concerning the | 8 | | applicant's or other household member's criminal | 9 | | conviction or evidence of rehabilitation. | 10 | | (b) The Authority shall not rent or lease to any other | 11 | | person the available housing unit that is the subject of the | 12 | | applicant's individualized criminal records assessment hearing | 13 | | until after the Authority has issued a final ruling. | 14 | | (c) The Authority shall adopt rules for criminal records | 15 | | assessment hearings in accordance with Article 10 of the | 16 | | Illinois Administrative Procedure Act. ".
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