State of Illinois
90th General Assembly

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[ Introduced ][ Engrossed ][ House Amendment 001 ]


      35 ILCS 200/10-40
      35 ILCS 200/10-60
      35 ILCS 200/10-80
          Amends   the   Property   Tax   Code.    Provides    that
      owner-occupied   multi-family   residences   may  qualify  as
      historic residences and be eligible for  the  certificate  of
      rehabilitation   and   special  valuation  during  an  8-year
      valuation period.  Makes changes to conform the treatment  of
      historic  owner-occupied  multi-family  residences to that of
      historic owner-occupied single family residences or  historic
HB0982 Enrolled                                LRB9004493KDsb
 1        AN  ACT  to  amend  the  Property  Tax  Code  by changing
 2    Sections 10-40, 10-60, and 10-80.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.  The Property Tax Code is amended by changing
 6    Sections 10-40, 10-60, and 10-80 as follows:
 7        (35 ILCS 200/10-40)
 8        Sec. 10-40.  Historic residences; definitions.   As  used
 9    in this Section and Sections 10-45 through 10-85:
10        (a)  "Director"    means   the   Director   of   Historic
11    Preservation.
12        (b)  "Approved county or  municipal  landmark  ordinance"
13    means  a  county  or  municipal  ordinance  approved  by  the
14    Director.
15        (c)  "Historic  building"  means an owner-occupied single
16    family residence or an owner-occupied multi-family  residence
17    and  the  tract, lot or parcel upon which it is located, or a
18    building or buildings owned and operated  as  a  cooperative,
19    if:
20             (1)  individually listed on the National Register of
21        Historic  Places  or  the  Illinois  Register of Historic
22        Places;
23             (2)  individually designated pursuant to an approved
24        county or municipal landmark ordinance; or
25             (3)  within  a  district  listed  on  the   National
26        Register  of Historic Places or designated pursuant to an
27        approved county or municipal landmark ordinance,  if  the
28        Director  determines  that  the  building  is of historic
29        significance to the district in which it is located.
30    Historic building does not  mean  an  individual  unit  of  a
31    cooperative.
HB0982 Enrolled             -2-                LRB9004493KDsb
 1        (d)  "Assessment   officer"   means   the   chief  county
 2    assessment officer.
 3        (e)  "Certificate   of    rehabilitation"    means    the
 4    certificate  issued  by  the  Director  upon  the renovation,
 5    restoration, preservation or rehabilitation  of  an  historic
 6    building under this Code.
 7        (f)  "Rehabilitation  period"  means  the  period of time
 8    necessary to renovate, restore, preserve or  rehabilitate  an
 9    historic building as determined by the Director.
10        (g)  "Standards  for  rehabilitation" means the Secretary
11    of Interior's standards for rehabilitation as promulgated  by
12    the U.S. Department of the Interior.
13        (h)  "Fair  cash  value" means the fair cash value of the
14    historic building determined on the basis of  the  assessment
15    officer's property record card.
16        (i)  "Base  year  valuation" means the fair cash value of
17    the  historic  building   for   the   year   in   which   the
18    rehabilitation period begins.
19        (j)  "Adjustment  in  value" means the difference for any
20    year between the then current fair cash value  and  the  base
21    year valuation.
22        (k)  "Eight-year valuation period" means the 8 years from
23    the   date   of   the   issuance   of   the   certificate  of
24    rehabilitation.
25        (l)  "Adjustment valuation  period"  means  the  4  years
26    following the 8 year valuation period.
27        (m)  "Substantial   rehabilitation"   means  interior  or
28    exterior rehabilitation  work  that  preserves  the  historic
29    building   in   a  manner  that  significantly  improves  its
30    condition.
31        (n)  "Approved local government" means a local government
32    that has been certified by the Director as:
33             (1)  enforcing  appropriate  legislation   for   the
34        designation of historic buildings;
HB0982 Enrolled             -3-                LRB9004493KDsb
 1             (2)  having  established  an  adequate and qualified
 2        historic review commission;
 3             (3)  maintaining  a  system  for  the   survey   and
 4        inventory of historic properties;
 5             (4)  providing  for adequate public participation in
 6        the local historic preservation program; and
 7             (5)  maintaining a system for reviewing applications
 8        under  this  Section  in  accordance   with   rules   and
 9        regulations promulgated by the Director.
10        (o)  "Cooperative"  means a building or buildings and the
11    tract, lot, or parcel on which the building or buildings  are
12    located,   if  the  building  or  buildings  are  devoted  to
13    residential uses by the owners and fee title to the land  and
14    building  or  buildings  is  owned  by a corporation or other
15    legal entity in which the  shareholders  or  other  co-owners
16    each  also  have  a  long-term  proprietary  lease  or  other
17    long-term  arrangement of exclusive possession for a specific
18    unit of occupancy space located within the same  building  or
19    buildings.
20        (p)  "Owner",  in  the  case  of a cooperative, means the
21    Association.
22        (q)  "Association", in the case of a  cooperative,  means
23    the   entity   responsible   for   the  administration  of  a
24    cooperative,   which   entity   may   be   incorporated    or
25    unincorporated, profit or nonprofit.
26        (r)  "Owner-occupied  single  family  residence"  means a
27    residence in which the title holder of record (i)  holds  fee
28    simple  ownership and (ii) occupies the property as his, her,
29    or their principal residence.
30        (s)  "Owner-occupied   multi-family   residence"    means
31    residential  property  comprised  of  not  more than 6 living
32    units in which the title  holder  of  record  (i)  holds  fee
33    simple  ownership  and (ii) occupies one unit as his, her, or
34    their  principal  residence.   The  remaining  units  may  be
HB0982 Enrolled             -4-                LRB9004493KDsb
 1    leased.
 2    (Source: P.A. 88-455; 89-675, eff. 8-14-96.)
 3        (35 ILCS 200/10-60)
 4        Sec. 10-60.  Certificate of status.  It is  the  duty  of
 5    the  titleholder  of  record  or  the owner of the beneficial
 6    interest of any historic building which  has  been  issued  a
 7    certificate  of rehabilitation, to file with the chief county
 8    assessment officer, on or before January 31 of each year,  an
 9    affidavit  stating  whether  there has been any change in the
10    ownership  or  use  of  such  property,  the  status  of  the
11    owner-occupant, or, in the case  of  a  cooperative,  whether
12    there  has  been  a  change  in  the use of the property or a
13    change in the cooperative form of ownership.   If  there  has
14    been  such  a  change,  the  nature  of  this change shall be
15    stated. Failure to file  such  an  affidavit  shall,  in  the
16    discretion of the chief county assessment officer, constitute
17    cause  to revoke the certificate of rehabilitation. The chief
18    county assessment officer shall furnish to the owner  a  form
19    for  the  affidavit wherein the owner may state whether there
20    has been any change in the ownership or use of  the  property
21    or  the  status  of the owner. If the chief county assessment
22    officer determines that the historic building  is  no  longer
23    used  as  an  owner-occupied  single  family  residence or an
24    owner-occupied multi-family residence, or that there has been
25    a sale or transfer for value of the historic  building  other
26    than  to  the  first  owner-occupant  after the issuance of a
27    certificate of rehabilitation, or that the historic  building
28    no  longer  meets  the definition of a cooperative, he or she
29    shall  revoke  the  certificate  by  written  notice  to  the
30    taxpayer of record, and shall send a copy of that  notice  to
31    the Department.
32    (Source: P.A. 88-455; 89-675, eff. 8-14-96.)
HB0982 Enrolled             -5-                LRB9004493KDsb
 1        (35 ILCS 200/10-80)
 2        Sec.  10-80.   Rules  and  regulations.  The Director may
 3    promulgate rules and  regulations  as  may  be  necessary  to
 4    administer this Code, including but not limited to provisions
 5    that:
 6             (1)  Preclude  the  issuance  of  a  certificate  of
 7        rehabilitation   for  any  owner-occupied  single  family
 8        residence,  owner-occupied  multi-family  residence,   or
 9        cooperative  where  30%  or more of the dwelling space is
10        new construction outside the existing structure.
11             (2)  Specify what costs are eligible to meet the 25%
12        minimum specified under subsection (b) of Section  10-55,
13        and  make  ineligible  those  costs  attributable  to new
14        construction outside the existing structure.
15        These regulations shall not preclude the  issuance  of  a
16    certificate of rehabilitation for a condominium.
17    (Source: P.A. 88-455; 89-675, eff. 8-14-96.)

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