State of Illinois
92nd General Assembly
Legislation

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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  years  to  a  housing
 2        authority  created under the Housing Authorities Act; but
 3        only if the property and improvements,  or  the  property
 4        and  improvements  for which the abatement is sought, are
 5        used solely for low-rent housing and related uses by  the
 6        housing  authority  as  prescribed  in  a  written  lease
 7        agreement.
 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.  A The housing  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
19    60 days 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-third of 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-third of 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    Whenever a  housing  authority  is  the  lessee  of  property
 3    receives  that  is  eligible  for  an  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 taxes reflect a reduction
 7    in payments due under the lease from the housing authority in
 8    the  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.".

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