Full Text of SB0886 97th General Assembly
SB0886 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB0886 Introduced 2/8/2011, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED: | | 310 ILCS 20/5 | from Ch. 67 1/2, par. 57 |
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Amends the Housing Development and Construction Act. Makes a technical change in a Section
concerning
the purposes for which grants to housing authorities may be used.
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| | A BILL FOR |
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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 Housing Development and Construction Act is | 5 | | amended by changing Section 5 as follows:
| 6 | | (310 ILCS 20/5) (from Ch. 67 1/2, par. 57)
| 7 | | Sec. 5. Any grants paid hereunder to a housing authority | 8 | | shall be
deposited in a separate fund and
and , subject to the | 9 | | approval of the
Department of Commerce and Economic | 10 | | Opportunity, may be used for any or all of
the following | 11 | | purposes as the needs of the community may require: the
| 12 | | acquisition of land by purchase, gift or condemnation and the
| 13 | | improvement thereof, the purchase and installation of | 14 | | temporary housing
facilities, the construction of housing | 15 | | units for rent or sale to
veterans, the families of deceased | 16 | | servicemen, and for persons and
families who by reason of | 17 | | overcrowded housing conditions or displacement
by eviction, | 18 | | fires or other calamities, or slum clearance or other
private | 19 | | or public project involving relocation, are in urgent need of
| 20 | | safe and sanitary housing, the making of grants in connection | 21 | | with the
sale or lease of real property as provided in the | 22 | | following paragraph of
this section, and for any and all | 23 | | purposes authorized by the "Housing
Authorities Act," approved |
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| 1 | | March 19, 1934, as amended, including
administrative expenses | 2 | | of the housing authorities in relation to the
aforesaid | 3 | | objectives, to the extent and for the purposes
authorized and
| 4 | | approved by the Department of Commerce and Economic | 5 | | Opportunity. Each housing
authority is vested with power to | 6 | | exercise the right of eminent domain
for the purposes | 7 | | authorized by this Act. Condemnation proceedings
instituted by | 8 | | any such authority shall be in all respects in the manner
| 9 | | provided for the exercise of the right of
eminent domain under | 10 | | the Eminent Domain Act. | 11 | | In addition to the foregoing, and for the purpose of | 12 | | facilitating the
development and construction of housing, | 13 | | housing authorities may, with
the approval of the Department of | 14 | | Commerce and Economic Opportunity, enter into
contracts and | 15 | | agreements for the sale or lease of real property acquired
by | 16 | | the Authority through the use of the grant hereunder, and may | 17 | | sell or
lease such property to (1) housing corporations | 18 | | operating under "An Act
in relation to housing," approved July | 19 | | 12, 1933, as amended; (2)
neighborhood redevelopment | 20 | | corporations operating under the
"Neighborhood Redevelopment | 21 | | Corporation Law," approved July 9, 1941; (3)
insurance | 22 | | companies operating under Article VIII of the Illinois
| 23 | | Insurance Code; (4) non-profit
corporations organized for the | 24 | | purpose of constructing, managing and
operating housing | 25 | | projects and the improvement of housing conditions,
including | 26 | | the sale or rental of housing units to persons in need
thereof; |
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| 1 | | or (5) to any other individual, association or corporation,
| 2 | | including bona fide housing cooperatives, desiring to engage in | 3 | | a
development or redevelopment project. The term "corporation" | 4 | | as used in
this section, means a corporation organized under | 5 | | the laws of this or
any other state of the United States, or of | 6 | | any country, which may
legally make investments in this State | 7 | | of the character herein
prescribed, including foreign and alien | 8 | | insurance companies as defined
in Section 2 of the "Illinois | 9 | | Insurance Code." No sale or lease shall be
made hereunder to | 10 | | any of the aforesaid corporations,
associations or
individuals | 11 | | unless a plan approved by the Authority has been presented
by | 12 | | the purchaser or lessee for the development or redevelopment of | 13 | | such
property, together with a bond, with satisfactory | 14 | | sureties, of not less
than 10% of the cost of such development | 15 | | or redevelopment, conditioned
upon the completion of such | 16 | | development or redevelopment; provided that
the requirement of | 17 | | the bond may be waived by the Department of Commerce
and | 18 | | Economic Opportunity if it is satisfied of the
financial | 19 | | ability of the
purchaser or lessee to complete such development | 20 | | or redevelopment in
accordance with the presented plan. To | 21 | | further assure that the real
property so sold or leased shall | 22 | | be used in accordance with the plan,
the Department of Commerce | 23 | | and Economic Opportunity may require the purchaser or
lessee to | 24 | | execute in writing such undertakings as the Department deems
| 25 | | necessary to obligate such purchaser or lessee (1) to use the | 26 | | property
for the purposes presented in the plan; (2) to |
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| 1 | | commence and complete the
building of the improvements | 2 | | designated in the plan within the periods
of time that the | 3 | | Department of Commerce and Economic Opportunity fixes as
| 4 | | reasonable, and (3) to comply with such other conditions as are
| 5 | | necessary to carry out the purposes of this Act. Any such | 6 | | property may
be sold pursuant to this section for any legal | 7 | | consideration in an
amount to be approved by the Department of | 8 | | Commerce and Economic Opportunity.
Subject to the approval of | 9 | | the Department of Commerce and Economic Opportunity,
a housing | 10 | | authority may pay to any non-profit corporation of the
| 11 | | character described in this section from grants made available | 12 | | from
state funds, such sum of money which, when added to the | 13 | | value of the
land so sold or leased to such non-profit | 14 | | corporation and the value of
other assets of such non-profit | 15 | | corporation available for use in the
project, will enable such | 16 | | non-profit corporation to obtain Federal
Housing | 17 | | Administration insured construction mortgages. Any such
| 18 | | authority may also sell, transfer, convey or assign to any such
| 19 | | non-profit corporation any personal property, including | 20 | | building
materials and supplies, as it deems necessary to | 21 | | facilitate the
completion of the development or redevelopment | 22 | | by such non-profit
corporation.
| 23 | | If the area of operation of a housing authority includes a | 24 | | city,
village or incorporated town having a population in | 25 | | excess of 500,000,
as determined by the last preceding Federal | 26 | | Census, no real property or
interest in real property shall be |
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| 1 | | acquired in such municipality by the
housing authority until | 2 | | such time as the housing authority has advised
the governing | 3 | | body of such municipality of the description of the real
| 4 | | property, or interest therein, proposed to be acquired, and the
| 5 | | governing body of the municipality has approved the acquisition | 6 | | thereof
by the housing authority.
| 7 | | (Source: P.A. 94-793, eff. 5-19-06; 94-1055, eff. 1-1-07.)
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