Illinois Compiled Statutes
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310 ILCS 10/17
(310 ILCS 10/17)
(from Ch. 67 1/2, par. 17)
The following terms, wherever used or referred to in this
Act shall have the following respective meanings, unless in any case a
different meaning clearly appears from the context:
(a) "Authority" or "housing authority" shall mean a municipal
corporation organized in accordance with the provisions of this Act for
the purposes, with the powers and subject to the restrictions herein set
(b) "Area" or "area of operation" shall mean: (1) in the case of an
authority which is created hereunder for a city, village, or incorporated
town, the area within the territorial boundaries of said city, village, or
incorporated town, and so long as no county housing authority has
jurisdiction therein, the area within three miles from such territorial
boundaries, except any part of such area located within the territorial
boundaries of any other city, village, or incorporated town; and (2) in the
case of a county shall include all of the county except the area of any
city, village or incorporated town located therein in which there is an
Authority. When an authority is created for a county subsequent to the
creation of an authority for a city, village or incorporated town within
the same county, the area of operation of the authority for such city,
village or incorporated town shall thereafter be limited to the territory
of such city, village or incorporated town, but the authority for such
city, village or incorporated town may continue to operate any project
developed in whole or in part in an area previously a part of its area of
operation, or may contract with the county housing authority with respect
to the sale, lease, development or administration of such project. When an
authority is created for a city, village or incorporated town subsequent to
the creation of a county housing authority which previously included such
city, village or incorporated town within its area of operation, such
county housing authority shall have no power to create any additional
project within the city, village or incorporated town, but any existing
project in the city, village or incorporated town currently owned and
operated by the county housing authority shall remain in the ownership,
operation, custody and control of the county housing authority.
(b-5) "Criminal history record" means a record of arrest, complaint, indictment, or any disposition arising therefrom.
(b-6) "Criminal history report" means any written, oral, or other communication of information that includes criminal history record information about a natural person that is produced by a law enforcement agency, a court, a consumer reporting agency, or a housing screening agency or business.
(c) "Presiding officer" shall mean the presiding officer of the
board of a county, or the mayor or president of a city, village or
incorporated town, as the case may be, for which an Authority is created
(d) "Commissioner" shall mean one of the members of an Authority
appointed in accordance with the provisions of this Act.
(e) "Government" shall include the State and Federal governments and
the governments of any subdivisions, agency or instrumentality,
corporate or otherwise, of either of them.
(f) "Department" shall mean the Department of Commerce and
(g) "Project" shall include all lands, buildings, and improvements,
acquired, owned, leased, managed or operated by a housing authority, and
all buildings and improvements constructed, reconstructed or repaired by
a housing authority, designed to provide housing accommodations and
facilities appurtenant thereto (including community facilities and
stores) which are planned as a unit, whether or not acquired or
constructed at one time even though all or a portion of the buildings
are not contiguous or adjacent to one another; and the planning of
buildings and improvements, the acquisition of property, the demolition
of existing structures, the clearing of land, the construction,
reconstruction, and repair of buildings or improvements and all other
work in connection therewith. As provided in Sections 8.14 to 8.18,
inclusive, "project" also means, for Housing Authorities for
municipalities of less than 500,000 population and for counties, the
conservation of urban areas in accordance with an approved conservation
plan. "Project" shall also include:
(1) acquisition of:
(i) a slum or blighted area or a deteriorated or
deteriorating area which is predominantly residential in character, or
(ii) any other deteriorated or deteriorating area
which is to be developed or redeveloped for predominantly residential uses, or
(iii) platted urban or suburban land which is
predominantly open and which because of obsolete platting, diversity of ownership, deterioration of structures or of site improvements, or otherwise substantially impairs or arrests the sound growth of the community and which is to be developed for predominantly residential uses, or
(iv) open unplatted urban or suburban land
necessary for sound community growth which is to be developed for predominantly residential uses, or
(v) any other area where parcels of land remain
undeveloped because of improper platting, delinquent taxes or special assessments, scattered or uncertain ownerships, clouds on title, artificial values due to excessive utility costs, or any other impediments to the use of such area for predominantly residential uses;
(2) installation, construction, or reconstruction of
streets, utilities, and other site improvements essential to the preparation of sites for uses in accordance with the development or redevelopment plan; and
(3) making the land available for development or
redevelopment by private enterprise or public agencies (including sale, initial leasing, or retention by the local public agency itself).
If, in any city, village,
or incorporated town, there exists a land clearance commission created
under the Blighted Areas Redevelopment Act of 1947 (repealed) prior to August 20, 2021 (the effective date of Public Act 102-510) having the same
area of operation as a housing authority created in and for any such
municipality, such housing authority shall have no power to acquire land
of the character described in subparagraph (iii), (iv), or (v) of
paragraph (1) of the definition of "project" for the purpose of
development or redevelopment by private enterprise.
(h) "Community facilities" shall include lands, buildings, and
equipment for recreation or social assembly, for education, health or
welfare activities and other necessary utilities primarily for use and
benefit of the occupants of housing accommodations to be constructed,
reconstructed, repaired or operated hereunder.
(i) "Real property" shall include lands, lands under water,
structures, and any and all easements, franchises and incorporeal
hereditaments and estates, and rights, legal and equitable, including
terms for years and liens by way of judgment, mortgage or otherwise.
(j) The term "governing body" shall include the city council of any
city, the president and board of trustees of any village or incorporated
town, the council of any city or village, and the county board of any
(k) The phrase "individual, association, corporation or
organization" shall include any individual, private corporation, limited or general partnership, limited liability company,
insurance company, housing corporation, neighborhood redevelopment
corporation, non-profit corporation, incorporated or unincorporated
group or association, educational institution, hospital, or charitable
organization, and any mutual ownership or cooperative organization.
(l) "Conservation area", for the purpose of the exercise of the
powers granted in Sections 8.14 to 8.18, inclusive, for housing
authorities for municipalities of less than 500,000 population and for
counties, means an area of not less than 2 acres in which the structures
in 50% or more of the area are residential having an average age of 35
years or more. Such an area by reason of dilapidation, obsolescence, deterioration or illegal
use of individual structures, overcrowding of structures and community
facilities, conversion of residential units into non-residential use,
deleterious land use or layout, decline of physical maintenance, lack of
community planning, or any combination of these factors may become a
slum and blighted area.
(m) "Conservation plan" means the comprehensive program for the
physical development and replanning of a "Conservation Area" as defined
in paragraph (l) embodying the steps required to prevent such
Conservation Area from becoming a slum and blighted area.
(n) "Fair use value" means the fair cash market value of real
property when employed for the use contemplated by a "Conservation Plan"
in municipalities of less than 500,000 population and in counties.
(o) "Community facilities" means, in relation to a "Conservation
Plan", those physical plants which implement, support and facilitate the
activities, services and interests of education, recreation, shopping,
health, welfare, religion and general culture.
(p) "Loan agreement" means any agreement pursuant to which an Authority
agrees to loan the proceeds of its revenue bonds issued with respect to a
multifamily rental housing project or other funds of the Authority to any
person upon terms providing for
loan repayment installments at least sufficient to pay when due all principal
of, premium, if any, and interest on the revenue bonds of the Authority issued
with respect to the multifamily rental housing project, and providing for
maintenance, insurance, and
other matters as may be deemed desirable by the Authority.
(q) "Multifamily rental housing" means any rental project designed for
mixed-income or low-income occupancy.
(Source: P.A. 101-659, eff. 3-23-21; 102-510, eff. 8-20-21; 102-813, eff. 5-13-22.)