Full Text of HB1361 99th General Assembly
HB1361enr 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning housing.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Rental Housing Support
Program Act is | 5 | | amended by changing Sections 7, 10, and 25 as follows: | 6 | | (310 ILCS 105/7)
| 7 | | Sec. 7. Definitions. In this Act:
| 8 | | "Annual receipts" means revenue derived from the Rental
| 9 | | Housing Support Program State surcharge from July 1 to June
30. | 10 | | "Authority" means the Illinois Housing Development | 11 | | Authority.
| 12 | | "Developer" means any entity that receives a grant under | 13 | | Section 20. | 14 | | "Program" means the Rental Housing Support Program.
| 15 | | "Real estate-related document" means any recorded document | 16 | | that affects an
interest in real property excluding documents | 17 | | which solely affect or relate to an easement for water, sewer, | 18 | | electricity, gas, telephone or other public service.
| 19 | | "Unit" means a rental apartment unit receiving a subsidy by | 20 | | means of a grant
under this Act. "Unit" does not include | 21 | | housing units intended as transitional
or
temporary housing.
| 22 | | (Source: P.A. 94-118, eff. 7-5-05.) |
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| 1 | | (310 ILCS 105/10)
| 2 | | Sec. 10. Creation of Program and distribution of funds.
| 3 | | (a) The Rental Housing Support Program is created within | 4 | | the Illinois Housing Development Authority. The Authority | 5 | | shall administer the Program program and adopt rules for its | 6 | | implementation. | 7 | | (b) The Authority shall distribute amounts for the Program | 8 | | solely from annual receipts on deposit in the Rental Housing | 9 | | Support Program Fund that are appropriated in each year for | 10 | | distribution by the Authority for the Program, and not from any | 11 | | other source of funds for the Authority, The Authority shall | 12 | | distribute amounts appropriated for the Program from the Rental | 13 | | Housing Support Program Fund and any other appropriations | 14 | | provided for the Program as follows: | 15 | | (1) A proportionate share of annual receipts on deposit | 16 | | appropriated to the Fund each year the annual | 17 | | appropriation , as determined under subsection (d) of | 18 | | Section 15 of this Act , shall be distributed to | 19 | | municipalities with a population greater than 2,000,000. | 20 | | Those municipalities shall use at least 10% of those funds | 21 | | in accordance with Section 20 of this Act, and all | 22 | | provisions governing the Authority's actions under Section | 23 | | 20 shall govern the actions of the corporate authorities of | 24 | | a municipality under this Section. As to the balance of the | 25 | | annual distribution, the municipality shall designate a | 26 | | non-profit organization that meets the specific criteria |
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| 1 | | set forth in Section 25 of this Act to serve as the "local | 2 | | administering agency" under Section 15 of this Act. | 3 | | (2) Of the remaining annual receipts on deposit | 4 | | appropriated to the Fund each year appropriation after the | 5 | | distribution in paragraph (1) of this subsection, the | 6 | | Authority shall designate at least 10% for the purposes of | 7 | | Section 20 of this Act in areas of the State not covered | 8 | | under paragraph (1) of this subsection. | 9 | | (3) The remaining annual receipts on deposit | 10 | | appropriated to the Fund each year appropriation after the | 11 | | distributions in paragraphs (1) and (2) of this subsection | 12 | | shall be distributed according to Section 15 of this Act in | 13 | | areas of the State not covered under paragraph (1) of this | 14 | | subsection.
| 15 | | (Source: P.A. 94-118, eff. 7-5-05.) | 16 | | (310 ILCS 105/25)
| 17 | | Sec. 25. Criteria for awarding grants. The Authority shall | 18 | | adopt rules
to govern the awarding of grants and the continuing | 19 | | eligibility for grants
under Sections 15 and 20. Requests for | 20 | | proposals under
Section 20 must specify that proposals must | 21 | | satisfy these rules.
The rules must contain and be consistent | 22 | | with, but need not be limited to,
the following criteria:
| 23 | | (1) Eligibility for tenancy in the units supported by | 24 | | grants to local
administering agencies must be
limited
to | 25 | | households with gross income at or below 30% of the median
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| 1 | | family income for the area in which the grant will be
made. | 2 | | Fifty percent of the units that are supported by any grant | 3 | | must be set
aside for households whose income is at or | 4 | | below 15% of the area median
family income for the area in | 5 | | which the grant will be made, provided that local | 6 | | administering agencies may negotiate flexibility in
this | 7 | | set-aside with the Authority if they demonstrate that they | 8 | | have been
unable to locate sufficient tenants in this lower | 9 | | income range. Income eligibility for units supported by | 10 | | grants to local administering agencies must be verified | 11 | | annually by landlords and submitted to local administering | 12 | | agencies. Tenants
must have sufficient income to be able to | 13 | | afford the tenant's share of the
rent. For grants awarded | 14 | | under Section 20, eligibility for tenancy in units
| 15 | | supported by grants must be limited to households with a | 16 | | gross income at or
below
30% of area median family income | 17 | | for the area in which the grant will be made. Fifty percent | 18 | | of the units that are supported by any grant must be set | 19 | | aside for households whose income is at or below 15% of the | 20 | | median family income for the area in which the grant will | 21 | | be made, provided that developers may negotiate | 22 | | flexibility in this set-aside with the Authority or | 23 | | municipality as defined in subsection (b) of Section 10 if | 24 | | it demonstrates that it has been unable to locate | 25 | | sufficient tenants in this lower income range.
The | 26 | | Authority shall determine what sources qualify as a |
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| 1 | | tenant's income.
| 2 | | (2) Local administering agencies must include | 3 | | 2-bedroom, 3-bedroom,
and 4-bedroom units among those | 4 | | intended to be supported by grants
under the Program | 5 | | program . In grants under Section 15, the precise number of
| 6 | | these units among all the units intended to be supported by | 7 | | a grant must be
based on need in the community for larger | 8 | | units and other factors that the
Authority specifies in | 9 | | rules. The local administering agency must specify
the | 10 | | basis for the numbers of these units that are proposed for | 11 | | support under
a grant. Local administering agencies must | 12 | | make a good faith effort to
comply with this allocation of | 13 | | unit sizes. In grants awarded under Section
20, developers | 14 | | and the Authority or municipality, as defined in subsection | 15 | | (b) of Section 10, shall negotiate the numbers and sizes of
| 16 | | units to be built in a project and supported by the grant.
| 17 | | (3) Under grants awarded under Section 15, local | 18 | | administering agencies
must enter into a payment contract | 19 | | with the landlord that defines the method of payment and | 20 | | must pay subsidies to landlords on a quarterly basis and in | 21 | | advance of the
quarter paid for.
| 22 | | (4) Local administering agencies and developers must | 23 | | specify how
vacancies in units supported by a grant must be | 24 | | advertised and they must include provisions for outreach to | 25 | | local
homeless shelters, organizations that work with | 26 | | people with disabilities,
and others interested in |
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| 1 | | affordable housing.
| 2 | | (5) The local administering agency or developer must | 3 | | establish a schedule
for the tenant's rental obligation for | 4 | | units supported by a grant. The
tenant's share of the rent | 5 | | must be a flat amount, calculated annually, based on the | 6 | | size of the
unit and the household's income category. In | 7 | | establishing the schedule for
the tenant's rental | 8 | | obligation, the local administering agency or developer
| 9 | | must use 30% of gross income within an income range as a | 10 | | guide, and it
may charge an additional or lesser amount.
| 11 | | (6) The amount of the subsidy provided under a grant | 12 | | for a unit must be
the difference between the amount of the | 13 | | tenant's obligation and the total
amount of rent for the
| 14 | | unit. The total amount of rent for the unit must be | 15 | | negotiated between the
local
administering authority and | 16 | | the landlord under Section 15, or between the
Authority or | 17 | | municipality, as defined in subsection (b) of Section 10, | 18 | | and the developer under Section 20, using comparable rents | 19 | | for units of comparable size and condition in the | 20 | | surrounding community as a guideline.
| 21 | | (7) Local administering agencies and developers, | 22 | | pursuant to criteria
the
Authority develops in rules, must | 23 | | ensure that there are procedures in place
to maintain the | 24 | | safety and habitability of units supported under grants. | 25 | | Local administering agencies must inspect
units before | 26 | | supporting them under a grant awarded under Section 15.
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| 1 | | (8) Local administering agencies must provide or | 2 | | ensure that tenants are
provided with a "bill of rights" | 3 | | with their lease setting forth local
landlord-tenant laws | 4 | | and procedures and contact information for the local
| 5 | | administering agency.
| 6 | | (9) A local administering agency must create
a plan | 7 | | detailing a process for helping
to provide information, | 8 | | when necessary, on how to access education, training, and | 9 | | other
supportive services to tenants living in units | 10 | | supported under the grant. The
plan must be
submitted as a | 11 | | part of the administering agency's proposal to the | 12 | | Authority
required under
Section 15.
| 13 | | (10) Local administering agencies and developers may | 14 | | not use funding under
the
grant to develop or support | 15 | | housing that requires that a tenant has a particular | 16 | | diagnosis or type of disability as a condition of | 17 | | eligibility for occupancy unless the requirement is | 18 | | mandated by another funding source for the housing. Local | 19 | | administering agencies and developers may use grant | 20 | | funding to develop integrated housing opportunities for | 21 | | persons with disabilities, but not housing restricted to a | 22 | | specific disability type.
| 23 | | (11) In order to plan for periodic fluctuations in | 24 | | annual receipts on deposit appropriated to the Fund each | 25 | | year program revenue , the Authority shall establish by rule | 26 | | a mechanism for establishing a reserve fund and the level |
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| 1 | | of funding that shall be held in reserve either by the | 2 | | Authority or by local administering agencies.
| 3 | | (12) The Authority shall perform annual | 4 | | reconciliations of all distributions made in connection | 5 | | with the Program and may offset future distributions to | 6 | | balance geographic distribution requirements of this Act. | 7 | | (Source: P.A. 97-892, eff. 8-3-12.)
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.
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