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(310 ILCS 10/25)
(from Ch. 67 1/2, par. 25)
Rentals and tenant selection.
In the operation or management
of housing projects an Authority
shall at all times observe the following duties with respect to rentals and
(a) It shall not accept any person as a tenant in any
dwelling in a housing project if the persons who would occupy the dwelling
have an aggregate annual income which equals or exceeds the amount which
the Authority determines (which determination shall be conclusive) to be
necessary in order to enable such persons to secure safe, sanitary and
uncongested dwelling accommodations within the area of operation of the
Authority and to provide an adequate standard of living for themselves.
(b) It may rent or lease the dwelling accommodations therein only at rentals
within the financial reach of persons who lack the amount of income which
it determines (pursuant to (a) of this Section) to be necessary in order to
obtain safe, sanitary and uncongested dwelling accommodations within the
area of operation of the Authority and to provide an adequate standard of
(c) It may rent or lease to a tenant a dwelling consisting of the
number of rooms (but no greater number) which it deems necessary to provide
safe and sanitary accommodations to the proposed occupants thereof, without
(d) It shall not change the residency preference of any prospective
tenant once the application has been accepted by the authority.
If an Authority desires a criminal history records check of all 50 states
or a 50-state confirmation of a conviction record, the Authority shall submit
the fingerprints of the relevant applicant, tenant, or other household member
to the Illinois State Police in a manner prescribed by the Illinois
State Police. These
fingerprints shall be checked against the fingerprint records now and hereafter
filed in the
Illinois State Police and
Federal Bureau of Investigation criminal history records databases.
The Illinois State Police shall charge a fee
for conducting the criminal history records check, which shall be deposited in
the State Police Services Fund and shall not exceed the actual cost of the
records check. The Illinois State Police shall furnish pursuant to
positive identification, records of conviction to the Authority. An Authority that requests a criminal history report of an applicant or other household member shall inform the applicant at the time of the request that the applicant or other household member may provide additional mitigating information for consideration with the application for housing.
(e-5) Criminal history record assessment. The Authority shall use the following process when evaluating the criminal history report of an applicant or other household member to determine whether to rent or lease to the applicant:
(1) Unless required by federal law, the Authority
shall not consider the following information when determining whether to rent or lease to an applicant for housing:
(A) an arrest or detention;
(B) criminal charges or indictments, and the
nature of any disposition arising therefrom, that do not result in a conviction;
(C) a conviction that has been vacated, ordered,
expunged, sealed, or impounded by a court;
(D) matters under the jurisdiction of the
(E) the amount of time since the applicant or
other household member completed his or her sentence in prison or jail or was released from prison or jail; or
(F) convictions occurring more than 180 days
prior to the date the applicant submitted his or her application for housing.
(2) The Authority shall create a system for the
independent review of criminal history reports:
(A) the reviewer shall examine the applicant's or
other household member's criminal history report and report only those records not prohibited under paragraph (1) to the person or persons making the decision about whether to offer housing to the applicant; and
(B) the reviewer shall not participate in any
final decisions on an applicant's application for housing.
(3) The Authority may deny an applicant's application
for housing because of the applicant's or another household member's criminal history record, only if the Authority:
(A) determines that the denial is required under
(B) determines that there is a direct
relationship between the applicant or the other household member's criminal history record and a risk to the health, safety, and peaceful enjoyment of fellow tenants. The mere existence of a criminal history record does not demonstrate such a risk.
(f) It may, if a tenant has created or maintained a threat
constituting a serious and clear danger to the health or safety of other
tenants or Authority employees, after 3 days' written notice
of termination and without a hearing, file suit against any such tenant for
recovery of possession of the premises. The tenant shall be given the
opportunity to contest the termination in the court proceedings. A serious
and clear danger to the health or safety of other tenants or Authority
employees shall include, but not be limited to, any of the following
activities of the tenant or of any other person on the premises with the
consent of the tenant:
(1) Physical assault or the threat of physical
(2) Illegal use of a firearm or other weapon or the
threat to use in an illegal manner a firearm or other weapon.
(3) Possession of a controlled substance by the
tenant or any other person on the premises with the consent of the tenant if the tenant knew or should have known of the possession by the other person of a controlled substance, unless the controlled substance was obtained directly from or pursuant to a valid prescription.
(4) Streetgang membership as defined in the Illinois
Streetgang Terrorism Omnibus Prevention Act.
The management of low-rent public housing projects financed and developed
under the U.S. Housing Act of 1937 shall
be in accordance with that Act.
Nothing contained in this Section or any other Section of this Act shall
be construed as limiting the power of an Authority to vest in a bondholder
or trustee the right, in the event of a default by the Authority, to take
possession and operate a housing project or cause the appointment of a
receiver thereof, free from all restrictions imposed by this Section or any
other Section of this Act.
(Source: P.A. 101-659, eff. 3-23-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)