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| [ Introduced ] | [ Enrolled ] | [ Senate Amendment 001 ] |
91_SB1184eng SB1184 Engrossed LRB9106167SMmb 1 AN ACT to amend the Housing Authorities Act by changing 2 Section 3. 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 Section 3 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 SB1184 Engrossed -2- LRB9106167SMmb 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;and30 (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 SB1184 Engrossed -3- LRB9106167SMmb 1 or more municipalities within the county by 2 intergovernmental agreement; and 3 (iv) for any Housing Authority the presiding officer 4 may appoint 7 commissioners, with initial terms of 4 and 5 5 years for the 2 additional commissioners authorized and 6 appointed under this amendatory Act of the 91st General 7 Assembly. 8 In cases where a county of more than 500,000 but less 9 than 3 million population is the area of operation of an 10 Authority, the presiding officer of the county board of the 11 county shall appoint 7 commissioners to the housing 12 authority, 2 of whom may be members of that county board. 13 The county members appointed to the Authority under this 14 Section shall serve such term or until termination of their 15 county board service, whichever first occurs. Upon the 16 approval by the governing body of the appointments, the 17 presiding officer shall cause a certificate of such 18 appointments and of its approval thereof to be filed in the 19 office in which deeds of property in the area of operation 20 are recorded, and upon filing the persons so appointed and 21 approved shall be fully constituted an Authority. 22 At the expiration of the term of each commissioner, and 23 of each succeeding commissioner, or in the event of a 24 vacancy, the presiding officer shall appoint a commissioner, 25 subject to the approval of the governing body as aforesaid, 26 to hold office, in the case of a vacancy for the unexpired 27 term, or in the case of expiration for a term of five years, 28 or until his successor shall have been appointed and 29 qualified. Each appointment shall be effective upon the 30 filing by the presiding officer of a certificate of 31 appointment in the office of the Recorder of Deeds in the 32 County where the Authority is located. 33 In case a county is the area of operation of an 34 Authority, the area shall not be deemed to include any city, SB1184 Engrossed -4- LRB9106167SMmb 1 village, or incorporated town within the county within which 2 an Authority at that time exists. If thereafter an Authority 3 is organized with respect to any city, village, or 4 incorporated town within the county, the county Authority 5 shall have no power to initiate any further project within 6 the city, village, or incorporated town. However, if there 7 are any existing projects within the city, village or 8 incorporated town currently owned and operated by the county 9 Authority they shall remain in the county Authority's 10 ownership, custody and control. 11 Every commissioner shall be a resident of the area of 12 operation of the Authority; provided, that in respect to an 13 Authority created for a county, residence in any city, 14 village or incorporated town within such county shall not be 15 a disqualification for appointment as a Commissioner for such 16 county Authority notwithstanding that such city, village or 17 incorporated town may be excluded from the area of operation 18 of such Authority. Any public officer shall be eligible to 19 serve as a commissioner, and the acceptance of appointment as 20 such shall not terminate nor impair his public office, the 21 provision of any statute to the contrary notwithstanding; but 22 no member of the Department shall be eligible to serve as a 23 commissioner, nor shall more than two public officers be 24 commissioners of the same Authority at one time; Provided, 25 that membership on any Authority at the same time of more 26 than two public officers shall not affect or impair the 27 validity of any Act undertaken or power exercised by the 28 Authority pursuant to Law. The term "public officer" as 29 herein used means a person holding a state or local 30 governmental office required to be filled by the vote of 31 electors, and for which provision is made by law for the 32 payment of annual compensation from public funds. 33 Except as otherwise provided, all provisions of this Act 34 shall apply to a Housing Authority established for more than SB1184 Engrossed -5- LRB9106167SMmb 1 one county, and, unless the context shall otherwise indicate, 2 the word county shall be construed also to mean counties. An 3 Authority may subsequently be established separately for any 4 one or more counties, by compliance with the terms of this 5 Act, and, if an Authority is established, it shall take over 6 all property and obligations, within the county or counties, 7 of the Authority previously including it or them within its 8 area of operation, and the Authority shall have no further 9 jurisdiction within the territory of the county or counties, 10 but nothing herein shall affect the power of a Housing 11 Authority to operate outside its area of operation, as 12 provided by Section 30. Subsection (b) of Section 17 shall 13 apply to a Housing Authority created under the provisions of 14 this Section. In all cases in which a Housing Authority 15 embraces the territory of more than one county, each county 16 shall have, within its territory, the powers conferred by 17 Section 29, and by the Housing Cooperation Law. 18 In addition to the commissioners provided for in this 19 Section, there are created 3 additional commissioner 20 positions for each housing authority of a municipality of 21 more than 1,000,000 inhabitants. These new commissioners 22 shall be appointed from current residents of the housing 23 authority and shall be appointed from a list presented to the 24 appointing authority by official tenants' associations of 25 residents of the housing authority. A tenants' association 26 is "official" if it satisfies the requirements of a Resident 27 Council/Resident Organization/Resident Management 28 Organization established by the federal Department of Housing 29 and Urban Development. This paragraph shall not apply to 30 housing authorities in jurisdictions where no official 31 tenants' associations exist. However, upon the creation of 32 an official association, the new commissioner positions shall 33 be created 6 months thereafter. 34 Each tenants' association shall determine the method of SB1184 Engrossed -6- LRB9106167SMmb 1 choosing residents to be recommended for appointment. 2 Tenants' associations may act in unison in recommending 3 residents for appointment. 4 In units of local government of more than 1,000,000 5 inhabitants, each tenants' association shall submit not more 6 than 2 residents for consideration. If associations act in 7 unison, they may submit a number representing 2 names for 8 each association. The appointing authority shall make the 9 appointments within 45 days of receiving the recommendations. 10 A Housing Authority created under the preceding terms of 11 this Section shall be designated as the Housing Authority of 12 the city, village, incorporated town, county, or of the 13 several counties within its area of operation. 14 Any 2 or more home rule municipalities within the same 15 county may create a housing authority by intergovernmental 16 agreement. The agreement shall be for an indefinite 17 duration. If a housing authority is created by 2 or more 18 home rule municipalities under this paragraph, appointments 19 and confirmation of commissioners to the board and removal of 20 commissioners from the board shall be made as set forth in 21 the agreement. The agreement may include, in addition to 22 other terms and conditions governing the operation of the 23 board, provisions that increase the number of commissioners 24 otherwise authorized by this Act to a number no greater than 25 9. The agreement also may provide for staggered terms for 26 the commissioners and for the length of the commissioners' 27 initial terms. An intergovernmental agreement between 2 or 28 more home rule municipalities creating a housing authority 29 may include other terms the municipalities deem desirable. 30 The terms may include reporting and oversight requirements 31 binding on the housing authority board agreed upon by the 32 parties. This paragraph shall not be construed as a 33 limitation on home rule municipalities. 34 (Source: P.A. 88-319; 89-351, eff. 1-1-96.) SB1184 Engrossed -7- LRB9106167SMmb 1 Section 99. Effective date. This Act takes effect upon 2 becoming law.