[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
90_SB0026
310 ILCS 10/3 from Ch. 67 1/2, par. 3
310 ILCS 10/4 from Ch. 67 1/2, par. 4
310 ILCS 10/6 from Ch. 67 1/2, par. 6
Amends the Housing Authorities Act. Provides that, if the
presiding officer of a municipality having over 500,000
inhabitants has not appointed commissioners for the housing
authority within 30 days after the effective date of this
amendatory Act of 1997, the Governor shall appoint 5
commissioners and the presiding officer shall appoint 4
commissioners, with the chairman of the commissioners to be
elected by the commissioners. The terms of the commissioners
shall expire as if they were appointed by the presiding
officer within 30 days after the effective date of this
amendatory Act, with the expiration of each individual
commissioner's term to be decided by lot. Any commissioner
appointed by the Governor shall be removed, if necessary, by
the Governor in the same manner as if removed by the
presiding officer. Five commissioners shall constitute a
quorum on a 9 commissioner board. Effective immediately.
LRB9000870SMcw
LRB9000870SMcw
1 AN ACT to amend the Housing Authorities Act by changing
2 Sections 3, 4, and 6.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Housing Authorities Act is amended by
6 changing Sections 3, 4, and 6 as follows:
7 (310 ILCS 10/3) (from Ch. 67 1/2, par. 3)
8 Sec. 3. The governing body of any city, village or
9 incorporated town having more than 25,000 inhabitants, or of
10 any county of this State, may, by resolution, determine that
11 there is need for a housing authority in the city, village,
12 incorporated town or county. Upon adoption, the resolution
13 shall be forwarded to the Department together with a
14 statement of reasons or findings supporting the resolution.
15 The Department shall thereupon issue a certificate to the
16 presiding officer of the city, village, incorporated town or
17 county for the creation of an authority if it shall find (a)
18 that unsanitary or unsafe inhabited dwelling accommodations
19 exist in the city, village, incorporated town or county, and
20 (b) that there is a shortage of safe or sanitary and
21 affordable dwelling accommodations in the city, village,
22 incorporated town or county available to persons who lack the
23 amount of income which is necessary (as determined by the
24 Department) to enable them without financial assistance to
25 live in decent, safe and sanitary and affordable dwellings
26 without over-crowding. In determining whether dwelling
27 accommodations are unsafe or unsanitary the Department may
28 take into consideration the degree of over-crowding, the
29 percentage of land coverage, the light, air, space and access
30 available to the inhabitants of such dwelling accommodations,
31 the size and arrangement of the rooms, the sanitary
-2- LRB9000870SMcw
1 facilities and the extent to which conditions exist in the
2 buildings which endanger life or property by fire or other
3 causes. In making its determination, the Department may also
4 consider whether or not the needs of the applicant are
5 currently being met by an existing housing authority. The
6 Department may also take into consideration whether or not
7 the creation of a new housing authority would be an
8 unnecessary duplication of services.
9 As soon as possible after the issuance of a certificate
10 by the Department the presiding officer of the city, village,
11 incorporated town or county shall appoint, with the approval
12 of the governing body of the unit of local government, 5
13 commissioners with initial terms of 1, 2, 3, 4 and 5 years,
14 except as follows:
15 (i) for the Housing Authority in any municipality
16 having over 500,000 inhabitants, the presiding officer
17 shall appoint 7 commissioners, with initial terms of 4
18 and 5 years for the 2 additional commissioners authorized
19 and appointed under this amendatory Act of 1982, and the
20 presiding officer shall designate one commissioner as
21 Chairman of the Authority; and
22 (ii) if a county has at least 80,000 but fewer than
23 90,000 inhabitants according to the 1990 federal
24 decennial census, then the Housing Authority in any
25 municipality in the county may have 7 commissioners
26 appointed by the presiding officer of the municipality,
27 with initial terms of 4 and 5 years for the 2 additional
28 commissioners authorized and appointed in accordance with
29 this amendatory Act of 1993; and
30 (iii) if a county has at least 170,000 but fewer
31 than 500,000 inhabitants, according to the 1990 Federal
32 decennial census, then the county board may, with respect
33 to one or more commissioners, cede powers of appointment,
34 confirmation, and removal of those commissioners to one
-3- LRB9000870SMcw
1 or more municipalities within the county by
2 intergovernmental agreement.
3 In cases where a county of more than 500,000 but less
4 than 3 million population is the area of operation of an
5 Authority, the presiding officer of the county board of the
6 county shall appoint 7 commissioners to the housing
7 authority, 2 of whom may be members of that county board.
8 The county members appointed to the Authority under this
9 Section shall serve such term or until termination of their
10 county board service, whichever first occurs. Upon the
11 approval by the governing body of the appointments, the
12 presiding officer shall cause a certificate of such
13 appointments and of its approval thereof to be filed in the
14 office in which deeds of property in the area of operation
15 are recorded, and upon filing the persons so appointed and
16 approved shall be fully constituted an Authority.
17 If the presiding officer of a municipality having over
18 500,000 inhabitants has not appointed a board of
19 commissioners for the housing authority of that municipality
20 within 30 days after the effective date of this amendatory
21 Act of 1997, the Governor shall appoint 5 commissioners
22 within 60 days after the effective date of this amendatory
23 Act of 1997 with the advice and consent of the Senate, and
24 the presiding officer shall appoint 4 commissioners within 60
25 days after the effective date of this amendatory Act of 1997
26 with the approval of the governing body of the municipality.
27 The commissioners shall select a commissioner to serve as
28 chairman. The terms of the commissioners shall expire on the
29 same dates as if the presiding officer had made appointments
30 within 30 days after the effective date of this amendatory
31 Act of 1997 (except that the shortest of the 10 terms shall
32 be disregarded), and the expiration of the term of each
33 individual commissioner shall be determined by lot at the
34 first meeting of the commissioners. Each appointment shall be
-4- LRB9000870SMcw
1 effective upon the filing by the presiding officer or
2 Governor of a certificate of appointment in the office of the
3 Recorder of Deeds in the county in which the housing
4 authority is located.
5 At the expiration of the term of each commissioner, and
6 of each succeeding commissioner, or in the event of a
7 vacancy, the presiding officer shall appoint a commissioner,
8 subject to the approval of the governing body as aforesaid,
9 to hold office, in the case of a vacancy for the unexpired
10 term, or in the case of expiration for a term of five years,
11 or until his successor shall have been appointed and
12 qualified. Each appointment shall be effective upon the
13 filing by the presiding officer of a certificate of
14 appointment in the office of the Recorder of Deeds in the
15 County where the Authority is located.
16 In case a county is the area of operation of an
17 Authority, the area shall not be deemed to include any city,
18 village, or incorporated town within the county within which
19 an Authority at that time exists. If thereafter an Authority
20 is organized with respect to any city, village, or
21 incorporated town within the county, the county Authority
22 shall have no power to initiate any further project within
23 the city, village, or incorporated town. However, if there
24 are any existing projects within the city, village or
25 incorporated town currently owned and operated by the county
26 Authority they shall remain in the county Authority's
27 ownership, custody and control.
28 Every commissioner shall be a resident of the area of
29 operation of the Authority; provided, that in respect to an
30 Authority created for a county, residence in any city,
31 village or incorporated town within such county shall not be
32 a disqualification for appointment as a Commissioner for such
33 county Authority notwithstanding that such city, village or
34 incorporated town may be excluded from the area of operation
-5- LRB9000870SMcw
1 of such Authority. Any public officer shall be eligible to
2 serve as a commissioner, and the acceptance of appointment as
3 such shall not terminate nor impair his public office, the
4 provision of any statute to the contrary notwithstanding; but
5 no member of the Department shall be eligible to serve as a
6 commissioner, nor shall more than two public officers be
7 commissioners of the same Authority at one time; Provided,
8 that membership on any Authority at the same time of more
9 than two public officers shall not affect or impair the
10 validity of any Act undertaken or power exercised by the
11 Authority pursuant to Law. The term "public officer" as
12 herein used means a person holding a state or local
13 governmental office required to be filled by the vote of
14 electors, and for which provision is made by law for the
15 payment of annual compensation from public funds.
16 Except as otherwise provided, all provisions of this Act
17 shall apply to a Housing Authority established for more than
18 one county, and, unless the context shall otherwise indicate,
19 the word county shall be construed also to mean counties. An
20 Authority may subsequently be established separately for any
21 one or more counties, by compliance with the terms of this
22 Act, and, if an Authority is established, it shall take over
23 all property and obligations, within the county or counties,
24 of the Authority previously including it or them within its
25 area of operation, and the Authority shall have no further
26 jurisdiction within the territory of the county or counties,
27 but nothing herein shall affect the power of a Housing
28 Authority to operate outside its area of operation, as
29 provided by Section 30. Subsection (b) of Section 17 shall
30 apply to a Housing Authority created under the provisions of
31 this Section. In all cases in which a Housing Authority
32 embraces the territory of more than one county, each county
33 shall have, within its territory, the powers conferred by
34 Section 29, and by the Housing Cooperation Law.
-6- LRB9000870SMcw
1 In addition to the commissioners provided for in this
2 Section, there are created 3 additional commissioner
3 positions for each housing authority of a municipality of
4 more than 1,000,000 inhabitants. These new commissioners
5 shall be appointed from current residents of the housing
6 authority and shall be appointed from a list presented to the
7 appointing authority by official tenants' associations of
8 residents of the housing authority. A tenants' association
9 is "official" if it satisfies the requirements of a Resident
10 Council/Resident Organization/Resident Management
11 Organization established by the federal Department of Housing
12 and Urban Development. This paragraph shall not apply to
13 housing authorities in jurisdictions where no official
14 tenants' associations exist. However, upon the creation of
15 an official association, the new commissioner positions shall
16 be created 6 months thereafter. The provisions requiring
17 appointment of housing authority residents to the board shall
18 not apply if 9 commissioners are appointed pursuant to this
19 amendatory Act.
20 Each tenants' association shall determine the method of
21 choosing residents to be recommended for appointment.
22 Tenants' associations may act in unison in recommending
23 residents for appointment.
24 In units of local government of more than 1,000,000
25 inhabitants, each tenants' association shall submit not more
26 than 2 residents for consideration. If associations act in
27 unison, they may submit a number representing 2 names for
28 each association. The appointing authority shall make the
29 appointments within 45 days of receiving the recommendations.
30 A Housing Authority created under the preceding terms of
31 this Section shall be designated as the Housing Authority of
32 the city, village, incorporated town, county, or of the
33 several counties within its area of operation.
34 Any 2 or more home rule municipalities within the same
-7- LRB9000870SMcw
1 county may create a housing authority by intergovernmental
2 agreement. The agreement shall be for an indefinite
3 duration. If a housing authority is created by 2 or more
4 home rule municipalities under this paragraph, appointments
5 and confirmation of commissioners to the board and removal of
6 commissioners from the board shall be made as set forth in
7 the agreement. The agreement may include, in addition to
8 other terms and conditions governing the operation of the
9 board, provisions that increase the number of commissioners
10 otherwise authorized by this Act to a number no greater than
11 9. The agreement also may provide for staggered terms for
12 the commissioners and for the length of the commissioners'
13 initial terms. An intergovernmental agreement between 2 or
14 more home rule municipalities creating a housing authority
15 may include other terms the municipalities deem desirable.
16 The terms may include reporting and oversight requirements
17 binding on the housing authority board agreed upon by the
18 parties. This paragraph shall not be construed as a
19 limitation on home rule municipalities.
20 (Source: P.A. 88-319; 89-351, eff. 1-1-96.)
21 (310 ILCS 10/4) (from Ch. 67 1/2, par. 4)
22 Sec. 4. Whenever it shall appear to the presiding
23 officer having appointment authority that a commissioner of a
24 Housing Authority is incompetent or guilty of neglect of duty
25 or malfeasance, the presiding officer shall require such
26 commissioner to appear before the presiding officer or his
27 designee to show cause why he should not be removed from
28 office. At least fifteen days' written notice of such a
29 hearing shall be given to the commissioner whose conduct is
30 in question and to all other members of the Authority. At the
31 hearing the commissioner may be represented by counsel and
32 may appear personally and present such pertinent evidence as
33 he wishes or as the presiding officer or his designee may
-8- LRB9000870SMcw
1 request.
2 If after a hearing the presiding officer determines that
3 a commissioner has been incompetent or has been guilty of
4 neglect of duty or malfeasance, he shall remove such
5 commissioner from the Authority within seven days, and there
6 shall thereupon be deemed to be a vacancy of such office.
7 In the case of a commissioner appointed by the Governor,
8 the Governor shall have the powers under this Section with
9 regard to that commissioner that would otherwise be exercised
10 by the presiding officer.
11 (Source: P.A. 82-780.)
12 (310 ILCS 10/6) (from Ch. 67 1/2, par. 6)
13 Sec. 6. As soon as possible after the creation of an
14 Authority the commissioners shall organize for the
15 transaction of business by choosing from among their number a
16 chairman and a vice-chairman and by adopting by-laws and
17 rules and regulations suitable to the purposes of this Act.
18 Three commissioners shall constitute a quorum for the
19 transaction of the business of an Authority that has 5
20 commissioners, 4 commissioners shall constitute a quorum for
21 an Authority that has 7 commissioners, 5 commissioners shall
22 constitute a quorum for an Authority that has 9
23 commissioners, and 6 commissioners shall constitute a quorum
24 for an Authority that has 10 commissioners. The commissioners
25 shall, from time to time, select and appoint a chief
26 executive officer and officers and employees, including
27 engineering, architectural and legal assistants, as they may
28 require for the performance of their duties, and may
29 prescribe the duties and compensation of each officer and
30 employee or expressly delegate that authority to the chief
31 executive officer.
32 (Source: P.A. 87-200; 87-657; 87-895; 88-214.)
-9- LRB9000870SMcw
1 Section 99. Effective date. This Act takes effect upon
2 becoming law.