State of Illinois
90th General Assembly
Legislation

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90_HB3575enr

      35 ILCS 200/15-95
          Amends the Property Tax Code.  Provides that for purposes
      of the exemption provided for housing authorities  under  the
      Code,  privately  owned property or a portion thereof that is
      used for low rent housing  and  related  uses  by  a  housing
      authority,  as  prescribed in a lease agreement in effect for
      at least 20 years between the owner of the property  and  the
      housing  authority,  shall  be deemed property of the housing
      authority for as long as the property or portion  thereof  is
      used  for  low  rent  housing  or related uses by the housing
      authority.  Effective immediately.
                                                     LRB9010916KDks
HB3575 Enrolled                                LRB9010916KDks
 1        AN ACT to amend the Property Tax Code by  adding  Section
 2    18-177.
 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  adding
 6    Section 18-177 as follows:
 7        (35 ILCS 200/18-177 new)
 8        Sec.   18-177.   Leased  low-rent  housing abatement.  In
 9    counties of 3,000,000 or more inhabitants, the  county  clerk
10    shall  abate  property  taxes  levied  by any taxing district
11    under this Code on property situated in a  municipality  with
12    1,000,000  or  more  inhabitants  and  improved with either a
13    multifamily  dwelling   or   a   multi-building   development
14    consisting  of 6 units or more that is leased for a period of
15    not less than 20 years to a housing authority  created  under
16    the  Housing  Authorities  Act;  but only if the property and
17    improvements, or the property and improvements for which  the
18    abatement is sought, are used solely for low-rent housing and
19    related  uses  by  the  housing  authority as prescribed in a
20    written lease agreement.  Property and portions  of  property
21    used  or  intended to be used for commercial purposes are not
22    eligible for the abatement provided  in  this  Section.   The
23    housing  authority  shall file annually with the county clerk
24    for  any  property  eligible  for  an  abatement  under  this
25    Section,  on  a  form  prescribed  by  the  county  clerk,  a
26    certificate of the  property's  use  during  the  immediately
27    preceding  year.  The  certificate  shall  certify  that  the
28    property  or a portion of the property meets the requirements
29    of this Section and that the eligible residential units  have
30    been inspected within the previous 60 days and meet or exceed
31    all  housing  quality  standards of the authority.  If only a
HB3575 Enrolled            -2-                 LRB9010916KDks
 1    portion  of  the  property  meets  these  requirements,   the
 2    certificate  shall  state  the  amount  of  that portion as a
 3    percentage of the total equalized and assessed value  of  the
 4    property.   If  the  property  is  improved  with an eligible
 5    multifamily dwelling or multi-building development containing
 6    residential units that are  individually  assessed,  no  more
 7    than  one-third  of those residential units may be certified.
 8    If the property is  improved  with  an  eligible  multifamily
 9    dwelling or multi-building development containing residential
10    units  that are not individually assessed, the portion of the
11    property certified shall represent no more than one-third  of
12    those  residential  units.   The county clerk shall abate the
13    taxes only if a certificate of use has been timely filed  for
14    that  year.   If  only  a  portion  of  the property has been
15    certified as eligible, the county clerk shall abate the taxes
16    in the percentage so certified.  Whenever a housing authority
17    is the lessee of property that is eligible for  an  abatement
18    under  this  Section,  the lease shall reflect a reduction in
19    payments due under the lease from the  housing  authority  in
20    the  full  amount  of  the  abatement.   No property shall be
21    eligible for abatement under this Section if the owner of the
22    property  has  any  outstanding  and  overdue  debts  to  the
23    municipality in which the property is situated.
24        Section 99.   Effective  date.   This  Act  takes  effect
25    January 1, 1999.

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