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

SB0154sam001 102ND GENERAL ASSEMBLY

Sen. Linda Holmes

Filed: 3/12/2021

 

 


 

 


 
10200SB0154sam001LRB102 10411 KTG 23505 a

1
AMENDMENT TO SENATE BILL 154

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1assistance to affordable housing under this Act, Trust Fund
2assets may be invested in mortgage participation certificates
3representing undivided interests in specified, first-lien
4conventional residential Illinois mortgages which are
5underwritten, insured, guaranteed or purchased by the Federal
6Home Loan Mortgage Corporation. Trust Fund assets may also be
7used in such investments as may be lawful for fiduciaries in
8this State or in such investments which shall reduce the risk
9associated with fluctuations in interest rates or market price
10of investments.
11    (o) A tenant of multifamily rental housing acquired,
12constructed, or rehabilitated with any money from the Trust
13Fund that was designated for affordable housing for low and
14very low-income families shall be allowed to keep at least 2
15common household pets regardless of breed, size, or weight
16within the tenant's residence in accordance with any
17applicable State laws. This subsection does not apply to
18service animals or service animals in training or to any dog
19that has been deemed a dangerous or vicious dog as provided
20under the Animal Control Act.
21(Source: P.A. 89-286, eff. 8-10-95.)
 
22    (310 ILCS 65/18 new)
23    Sec. 18. Pets in affordable housing projects.
24    (a) The enforcement of policies relating to keeping a pet
25within a residence may include:

 

 

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1        (1) compliance with noise and sanitation standards;
2        (2) registration of the common household pet with the
3    owner of the residential housing;
4        (3) restraint of the common household pet in common
5    areas of the residential housing;
6        (4) timely removal of common household pet excrement;
7        (5) vaccination and sterilization requirements; and
8        (6) enforcement of violations of the policy.
9    (b) Notwithstanding any other law to the contrary, a
10housing provider shall not be liable for injuries caused by an
11owner's common household pet permitted on the housing
12provider's property, except in cases of willful and wanton
13misconduct.
14    (c) Nothing in this Section shall be construed to limit or
15otherwise affect other statutes or laws that require
16reasonable accommodations to be made for an individual with a
17disability who maintains an animal to provide assistance,
18service, or support.
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.".