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92_HB3775ham001 LRB9212638SMdvam02 1 AMENDMENT TO HOUSE BILL 3775 2 AMENDMENT NO. . Amend House Bill 3775, AS AMENDED, 3 by replacing everything after the enacting clause with the 4 following: 5 "Section 5. The Property Tax Code is amended by changing 6 Section 18-177 as follows: 7 (35 ILCS 200/18-177) 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 that meets the following 12 requirements: 13 (1) Does not qualify as exempt property under 14 Section 15-95 of this Code. 15 (2) Is situated in a municipality with 1,000,000 or 16 more inhabitants and improved with either a multifamily 17 dwelling or a multi-building development that is subject 18 to a leasing agreement, regulatory and operating 19 agreement, or other similar instrument with a Housing 20 Authority created under the Housing Authorities Act that 21 sets forth the terms for leasing low-rent housing. 22 (3)consisting of 6 units or more that is leased-2- LRB9212638SMdvam02 1 For a period of not less than 20 yearsto a housing2authority created under the Housing Authorities Act; but3only ifthe property and improvements, or the property4and improvements for which the abatement is sought,are 5 used solely for low-rent housing and related usesby the6housing authority as prescribed in a written lease7agreement. 8 Property and portions of property used or intended to be 9 used for commercial purposes are not eligible for the 10 abatement provided in this Section. AThehousing authority 11 created under the Housing Authorities Act shall file annually 12 with the county clerk for any property eligible for an 13 abatement under this Section, on a form prescribed by the 14 county clerk, a certificate of the property's use during the 15 immediately preceding year. The certificate shall certify 16 that the property or a portion of the property meets the 17 requirements of this Section and that the eligible 18 residential units have been inspected within the previous 90 1960days and meet or exceed all housing quality standards of 20 the authority. If only a portion of the property meets these 21 requirements, the certificate shall state the amount of that 22 portion as a percentage of the total equalized and assessed 23 value of the property. If the property is improved with an 24 eligible multifamily dwelling or multi-building development 25 containing residential units that are individually assessed, 26 no more than 40%one-thirdof those residential units may be 27 certified. If the property is improved with an eligible 28 multifamily dwelling or multi-building development containing 29 residential units that are not individually assessed, the 30 portion of the property certified shall represent no more 31 than 40%one-thirdof those residential units. The county 32 clerk shall abate the taxes only if a certificate of use has 33 been timely filed for that year. If only a portion of the 34 property has been certified as eligible, the county clerk -3- LRB9212638SMdvam02 1 shall abate the taxes in the percentage so certified. 2 Whenevera housing authority is the lessee ofproperty 3 receivesthat is eligible foran abatement under this 4 Section, the rental rate set under the lease, regulatory and 5 operating agreement, or other similar instrument for that 6 property shall not include property taxesreflect a reduction7in payments due under the lease from the housing authority in8the full amount of the abatement. No property shall be 9 eligible for abatement under this Section if the owner of the 10 property has any outstanding and overdue debts to the 11 municipality in which the property is situated. 12 (Source: P.A. 90-767, eff. 1-1-99.) 13 Section 99. Effective date. This Act takes effect upon 14 becoming law.".