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Full Text of SB0154  102nd General Assembly

SB0154ham003 102ND GENERAL ASSEMBLY

Rep. Stephanie A. Kifowit

Filed: 5/17/2021

 

 


 

 


 
10200SB0154ham003LRB102 10411 KTG 26588 a

1
AMENDMENT TO SENATE BILL 154

2    AMENDMENT NO. ______. Amend Senate Bill 154, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Illinois Affordable Housing Act is amended
6by changing Sections 3 and 10 and by adding Section 18 as
7follows:
 
8    (310 ILCS 65/3)  (from Ch. 67 1/2, par. 1253)
9    Sec. 3. Definitions. As used in this Act:
10    (a) "Program" means the Illinois Affordable Housing
11Program.
12    (b) "Trust Fund" means the Illinois Affordable Housing
13Trust Fund.
14    (b-5) "Capital Fund" means the Illinois Affordable Housing
15Capital Fund.
16    (c) "Low-income household" means a single person, family

 

 

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1or unrelated persons living together whose adjusted income is
2more than 50%, but less than 80%, of the median income of the
3area of residence, adjusted for family size, as such adjusted
4income and median income for the area are determined from time
5to time by the United States Department of Housing and Urban
6Development for purposes of Section 8 of the United States
7Housing Act of 1937.
8    (d) "Very low-income household" means a single person,
9family or unrelated persons living together whose adjusted
10income is not more than 50% of the median income of the area of
11residence, adjusted for family size, as such adjusted income
12and median income for the area are determined from time to time
13by the United States Department of Housing and Urban
14Development for purposes of Section 8 of the United States
15Housing Act of 1937.
16    (e) "Affordable housing" means residential housing that,
17so long as the same is occupied by low-income households or
18very low-income households, requires payment of monthly
19housing costs, including utilities other than telephone, of no
20more than 30% of the maximum allowable income as stated for
21such households as defined in this Section.
22    (f) "Multi-family housing" means a building or buildings
23providing housing to 5 or more households.
24    (g) "Single-family housing" means a building containing
25one to 4 dwelling units, including a mobile home as defined in
26subsection (b) of Section 3 of the Mobile Home Landlord and

 

 

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1Tenant Rights Act, as amended.
2    (h) "Community-based organization" means a not-for-profit
3entity whose governing body includes a majority of members who
4reside in the community served by the organization.
5    (i) "Advocacy organization" means a not-for-profit
6organization which conducts, in part or in whole, activities
7to influence public policy on behalf of low-income or very
8low-income households.
9    (j) "Program Administrator" means the Illinois Housing
10Development Authority.
11    (k) "Funding Agent" means the Illinois Department of
12Revenue.
13    (l) "Commission" means the Affordable Housing Advisory
14Commission.
15    (m) "Congregate housing" means a building or structure in
16which 2 or more households, inclusive, share common living
17areas and may share child care, cleaning, cooking and other
18household responsibilities.
19    (n) "Eligible applicant" means a proprietorship,
20partnership, for-profit corporation, not-for-profit
21corporation or unit of local government which seeks to use
22fund assets as provided in this Article.
23    (o) "Moderate income household" means a single person,
24family or unrelated persons living together whose adjusted
25income is more than 80% but less than 120% of the median income
26of the area of residence, adjusted for family size, as such

 

 

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1adjusted income and median income for the area are determined
2from time to time by the United States Department of Housing
3and Urban Development for purposes of Section 8 of the United
4States Housing Act of 1937.
5    (p) "Affordable Housing Program Trust Fund Bonds or Notes"
6means the bonds or notes issued by the Program Administrator
7under the Illinois Housing Development Act to further the
8purposes of this Act.
9    (q) "Trust Fund Moneys" means all moneys, deposits,
10revenues, income, interest, dividends, receipts, taxes,
11proceeds and other amounts or funds deposited or to be
12deposited in the Trust Fund pursuant to Section 5(b) of this
13Act and any proceeds, investments or increase thereof.
14    (r) "Program Escrow" means accounts, except those accounts
15relating to any Affordable Housing Program Trust Fund Bonds or
16Notes, designated by the Program Administrator, into which
17Trust Fund Moneys are deposited.
18    (s) "Common household pet" means a domesticated animal,
19such as a dog (canis lupus familiaris) or cat (felis catus),
20which is commonly kept in the home for pleasure rather than for
21commercial purposes.
22(Source: P.A. 95-710, eff. 6-1-08.)
 
23    (310 ILCS 65/10)  (from Ch. 67 1/2, par. 1260)
24    Sec. 10. Trust Fund restrictions and stipulations. (a) All
25housing 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

 

 

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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 a multifamily rental housing unit that is
13500 square feet or larger and has been acquired, constructed,
14or rehabilitated with any money from the Trust Fund after
15January 1, 2022 and that was designated for affordable housing
16for low and very low-income families shall be allowed to keep
17at least 2 cats or one dog that weighs under 50 pounds
18regardless of breed or height within the tenant's residence in
19accordance with any applicable State laws. This subsection
20does not apply to service animals or service animals in
21training or to any dog that has been deemed a dangerous or
22vicious dog as provided under the Animal Control Act. This
23subsection does not apply to supportive living facilities as
24described in Section 5-5.01a of the Illinois Public Aid Code
25or elderly housing. For purposes of this subsection, "elderly
26housing" means housing that is either: (i) intended for and

 

 

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1solely occupied by persons age 62 or older; (ii) intended and
2operated for occupancy by at least one person age 55 years or
3older per unit, and at least 80% of the units within the
4elderly housing project are so occupied; or (iii) provided for
5under any State or federal program that the U.S. Department of
6Housing and Urban Development has determined is specifically
7designed and operated to assist elderly persons (as defined in
8the State or federal program).
9(Source: P.A. 89-286, eff. 8-10-95.)
 
10    (310 ILCS 65/18 new)
11    Sec. 18. Pets in affordable housing projects.
12    (a) The enforcement of policies relating to keeping a pet
13within a residence may include:
14        (1) compliance with noise and sanitation standards;
15        (2) registration of the common household pet with the
16    owner of the residential housing;
17        (3) restraint of the common household pet in common
18    areas of the residential housing;
19        (4) timely removal of common household pet excrement;
20        (5) vaccination and sterilization requirements; and
21        (6) enforcement of violations of the policy.
22    (b) Notwithstanding any other law to the contrary, a
23housing provider shall not be liable for injuries caused by an
24owner's common household pet permitted on the housing
25provider's property, except in cases of willful and wanton

 

 

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1misconduct.
2    (c) Nothing in this Section shall be construed to limit or
3otherwise affect other statutes or laws that require
4reasonable accommodations to be made for an individual with a
5disability who maintains an animal to provide assistance,
6service, or support. Nothing in this Section shall be
7construed to apply to supportive living facilities as
8described in Section 5-5.01a of the Illinois Public Code or
9elderly housing. For purposes of this subsection, "elderly
10housing" means housing that is either: (i) intended for and
11solely occupied by persons age 62 or older; (ii) intended and
12operated for occupancy by at least one person age 55 years or
13older per unit, and at least 80% of the units within the
14elderly housing project are so occupied; or (iii) provided for
15under any State or federal program that the U.S. Department of
16Housing and Urban Development has determined is specifically
17designed and operated to assist elderly persons (as defined in
18the State or federal program).
 
19    Section 95. Applicability. The changes made by this Act
20apply to multifamily rental housing that is acquired,
21constructed, or rehabilitated after January 1, 2022 with money
22from the Illinois Affordable Housing Trust Fund.
 
23    Section 99. Effective date. This Act takes effect on
24January 1, 2022.".