Illinois General Assembly - Full Text of SB0154
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Full Text of SB0154  102nd General Assembly

SB0154 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0154

 

Introduced 2/9/2021, by Sen. Linda Holmes

 

SYNOPSIS AS INTRODUCED:
 
310 ILCS 10/25  from Ch. 67 1/2, par. 25
310 ILCS 65/10  from Ch. 67 1/2, par. 1260
310 ILCS 65/18 new

    Amends the Housing Authorities Act. In provisions concerning the duties of a Housing Authority concerning rentals and tenant selection, provides that a Housing Authority shall not restrict any tenant from owning or maintaining one or more common household pets regardless of breed, size, or weight, within the tenant's dwelling unit. Amends the Illinois Affordable Housing Act. Provides that a tenant of multifamily rental housing acquired, constructed, or rehabilitated with any money from the Illinois Affordable Housing Trust Fund that was designated for affordable housing for low and very low-income families shall be allowed to keep no more than 4 cats or 3 dogs regardless of breed, size, or weight within the tenant's residence in accordance with any applicable laws. Exempts service animals or service animals in training from the provisions of the amendatory Act. Exempts any dog that has been deemed a dangerous or vicious dog from the provisions of the amendatory Act. Sets forth enforcement policies for affordable housing projects that allow residents to keep pets. Effective immediately.


LRB102 10411 KTG 15738 b

 

 

A BILL FOR

 

SB0154LRB102 10411 KTG 15738 b

1    AN ACT concerning housing.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Housing Authorities Act is amended by
5changing Section 25 as follows:
 
6    (310 ILCS 10/25)   (from Ch. 67 1/2, par. 25)
7    Sec. 25. Rentals and tenant selection. In the operation or
8management of housing projects an Authority shall at all times
9observe the following duties with respect to rentals and
10tenant selection:
11    (a) It shall not accept any person as a tenant in any
12dwelling in a housing project if the persons who would occupy
13the dwelling have an aggregate annual income which equals or
14exceeds the amount which the Authority determines (which
15determination shall be conclusive) to be necessary in order to
16enable such persons to secure safe, sanitary and uncongested
17dwelling accommodations within the area of operation of the
18Authority and to provide an adequate standard of living for
19themselves.
20    (b) It may rent or lease the dwelling accommodations
21therein only at rentals within the financial reach of persons
22who lack the amount of income which it determines (pursuant to
23(a) of this Section) to be necessary in order to obtain safe,

 

 

SB0154- 2 -LRB102 10411 KTG 15738 b

1sanitary and uncongested dwelling accommodations within the
2area of operation of the Authority and to provide an adequate
3standard of living.
4    (c) It may rent or lease to a tenant a dwelling consisting
5of the number of rooms (but no greater number) which it deems
6necessary to provide safe and sanitary accommodations to the
7proposed occupants thereof, without overcrowding.
8    (d) It shall not change the residency preference of any
9prospective tenant once the application has been accepted by
10the authority.
11    (e) It may refuse to certify or recertify applicants,
12current tenants, or other household members if, after due
13notice and an impartial hearing, that person or any of the
14proposed occupants of the dwelling has, prior to or during a
15term of tenancy or occupancy in any housing project operated
16by an Authority, been convicted of a criminal offense relating
17to the sale or distribution of controlled substances under the
18laws of this State, the United States or any other state. If an
19Authority desires a criminal history records check of all 50
20states or a 50-state confirmation of a conviction record, the
21Authority shall submit the fingerprints of the relevant
22applicant, tenant, or other household member to the Department
23of State Police in a manner prescribed by the Department of
24State Police. These fingerprints shall be checked against the
25fingerprint records now and hereafter filed in the Department
26of State Police and Federal Bureau of Investigation criminal

 

 

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1history records databases. The Department of State Police
2shall charge a fee for conducting the criminal history records
3check, which shall be deposited in the State Police Services
4Fund and shall not exceed the actual cost of the records check.
5The Department of State Police shall furnish pursuant to
6positive identification, records of conviction to the
7Authority.
8    (f) It may, if a tenant has created or maintained a threat
9constituting a serious and clear danger to the health or
10safety of other tenants or Authority employees, after 3 days'
11written notice of termination and without a hearing, file suit
12against any such tenant for recovery of possession of the
13premises. The tenant shall be given the opportunity to contest
14the termination in the court proceedings. A serious and clear
15danger to the health or safety of other tenants or Authority
16employees shall include, but not be limited to, any of the
17following activities of the tenant or of any other person on
18the premises with the consent of the tenant:
19        (1) Physical assault or the threat of physical
20    assault.
21        (2) Illegal use of a firearm or other weapon or the
22    threat to use in an illegal manner a firearm or other
23    weapon.
24        (3) Possession of a controlled substance by the tenant
25    or any other person on the premises with the consent of the
26    tenant if the tenant knew or should have known of the

 

 

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1    possession by the other person of a controlled substance,
2    unless the controlled substance was obtained directly from
3    or pursuant to a valid prescription.
4        (4) Streetgang membership as defined in the Illinois
5    Streetgang Terrorism Omnibus Prevention Act.
6    (g) It shall not restrict any tenant from owning or
7maintaining one or more common household pets regardless of
8breed, size, or weight, within the tenant's dwelling unit.
9    The management of low-rent public housing projects
10financed and developed under the U.S. Housing Act of 1937
11shall be in accordance with that Act.
12    Nothing contained in this Section or any other Section of
13this Act shall be construed as limiting the power of an
14Authority to vest in a bondholder or trustee the right, in the
15event of a default by the Authority, to take possession and
16operate a housing project or cause the appointment of a
17receiver thereof, free from all restrictions imposed by this
18Section or any other Section of this Act.
19(Source: P.A. 93-418, eff. 1-1-04; 93-749, eff. 7-15-04.)
 
20    Section 10. The Illinois Affordable Housing Act is amended
21by changing Section 10 and by adding Section 18 as follows:
 
22    (310 ILCS 65/10)  (from Ch. 67 1/2, par. 1260)
23    Sec. 10. Trust Fund restrictions and stipulations. (a) All
24housing financed and all assistance provided from the Trust

 

 

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1Fund shall be available to all eligible persons regardless of
2race, color, ancestry, unfavorable military discharge,
3familial status, marital status, national origin, religion,
4creed, sex, age, or disability.
5    (b) There shall be, on all assisted housing, a deed
6restriction, agreement, or other legal document which provides
7for the recapture of assistance upon terms and conditions to
8be specified in rules and regulations promulgated by the
9Program Administrator.
10    (c) Loans made by the Trust Fund may be at no interest or
11at below market interest rates, with or without security, and
12may include loans for predevelopment financing.
13    (d) Assistance may be provided for housing units for low
14and very low-income households within multi-family housing
15which is occupied partly by low and very low-income households
16and partly by households not qualifying as low or very
17low-income, subject to rules and regulations promulgated by
18the Program Administrator.
19    (e) Except to the extent provided in rules and regulations
20promulgated by the Program Administrator, no household shall
21be required to vacate or move from any assisted housing as a
22result of ceasing to qualify as a low or very low-income
23household under this Act.
24    (f) Rates not to exceed fair market rental may be charged
25to any person or household which occupies any single family
26housing or unit of multi-family housing for the period that

 

 

SB0154- 6 -LRB102 10411 KTG 15738 b

1person or household does not qualify as low or very
2low-income.
3    (g) All housing assisted by the Trust Fund shall provide a
4residential antidisplacement and relocation assistance plan
5consistent with Section 507 of the federal Housing and
6Community Development Act of 1987.
7    (h) Multi-family housing assisted by the Trust Fund shall
8be prohibited from refusing to accept tenants for occupancy
9solely because the tenant receives governmental rental
10assistance.
11    (i) Trust Fund assisted multi-family housing is prohibited
12from evicting tenants without good cause.
13    (j) Assistance may be provided to housing whether or not
14such housing satisfies the definition of a "qualified
15residential rental project" set forth in Section 142 of the
16Internal Revenue Code of 1986, as amended.
17    (k) Housing assisted by the Trust Fund shall be required
18to meet energy efficiency standards which shall be established
19by the Program Administrator. Any review for affordability of
20assisted housing must include a review of energy costs.
21    (l) Manufactured housing which is manufactured entirely
22within the State shall be given priority over housing
23manufactured in whole or in part outside of the State.
24    (m) It is intended that Trust Fund monies not be used to
25supplant existing resources and that the Trust Fund shall be a
26funder of last resort.

 

 

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1    (n) Prior to application of Trust Fund assets to provide
2assistance to affordable housing under this Act, Trust Fund
3assets may be invested in mortgage participation certificates
4representing undivided interests in specified, first-lien
5conventional residential Illinois mortgages which are
6underwritten, insured, guaranteed or purchased by the Federal
7Home Loan Mortgage Corporation. Trust Fund assets may also be
8used in such investments as may be lawful for fiduciaries in
9this State or in such investments which shall reduce the risk
10associated with fluctuations in interest rates or market price
11of investments.
12    (o) A tenant of multifamily rental housing acquired,
13constructed, or rehabilitated with any money from the Trust
14Fund that was designated for affordable housing for low and
15very low-income families shall be allowed to keep no more than
164 cats or 3 dogs regardless of breed, size, or weight within
17the tenant's residence in accordance with any applicable laws.
18This subsection does not apply to service animals or service
19animals in training or to any dog that has been deemed a
20dangerous or vicious dog as provided under the Animal Control
21Act.
22(Source: P.A. 89-286, eff. 8-10-95.)
 
23    (310 ILCS 65/18 new)
24    Sec. 18. Pets in affordable housing projects.
25    (a) As used in this Section, "common household pet" means

 

 

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1a domesticated animal, such as a dog (canis lupus familiaris)
2or cat (felis catus) which is commonly kept in the home for
3pleasure rather than for commercial purposes.
4    (b) The enforcement of policies relating to keeping a pet
5within a residence may include:
6        (1) compliance with noise and sanitation standards;
7        (2) registration of the common household pet with the
8    owner of the residential housing;
9        (3) restraint of the common household pet in common
10    areas of the residential housing;
11        (4) timely removal of common household pet excrement;
12        (5) vaccination and sterilization requirements; and
13        (6) enforcement of violations of the policy.
14    (c) Notwithstanding any other law to the contrary, a
15housing provider shall not be liable for injuries caused by an
16owner's common household pet permitted on the housing
17provider's property, except in cases of willful and wanton
18misconduct.
19    (d) Nothing in this Section shall be construed to limit or
20otherwise affect other statutes or laws that require
21reasonable accommodations to be made for an individual with a
22disability who maintains an animal to provide assistance,
23service, or support.
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.