State of Illinois
92nd General Assembly

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 1        AN ACT concerning taxation.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  1.  Short  title.  This  Act may be cited as the
 5    Longtime Owner-Occupant Property Tax Exemption Act.

 6        Section. 5.  Public policy. In recognition of the  severe
 7    economic circumstances of certain longtime owner-occupants of
 8    residences  who  are  faced  with  rising  living  costs  and
 9    constantly   increasing  tax  burdens  in  areas  where  real
10    property values have risen  markedly,  the  General  Assembly
11    considers  it  to be a matter of sound public policy to allow
12    counties to adopt special real property tax relief provisions
13    in order to allow longtime owner-occupants of  residences  to
14    remain in peaceful possession of their homes.

15        Section 10.  Definitions. As used in this Act, unless the
16    context clearly indicates otherwise:
17        (a)  "Longtime  owner-occupant" means a person who for at
18    least 25 continuous years has owned and has occupied the same
19    dwelling place as a principal residence and domicile.
20        (b)  "Principal residence" means the dwelling place of  a
21    person,  including the principal house and lot, and such lots
22    as are used in connection with the principal  house  and  lot
23    that  contribute  to its enjoyment, comfort, and convenience.
24    For purposes of  this  Act,  the  term  may  also  include  a
25    building with a maximum of one commercial establishment and a
26    maximum  of 3 residential units of which one residential unit
27    must   be   the   principal   residence   of   the   longtime
28    owner-occupant.

29        Section   15.  Exemption   authority.    The    corporate
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 1    authorities   of  a  county  may  provide,  by  ordinance  or
 2    resolution, for special real property tax relief  provisions,
 3    uniform  within the county, granting longtime owner-occupants
 4    an exemption in the payment of that portion of an increase of
 5    real property taxes  that  is  due  to  an  increase  in  the
 6    assessed  value of the property by more than 2% from the most
 7    recent prior assessed value of that  property.  An  exemption
 8    may  be  granted  until the longtime owner-occupant transfers
 9    title to the property.
10        The ordinance or  resolution  must  include  a  provision
11    requiring  that  eligibility notification of the special real
12    property tax relief be delivered to the record owner  of  the
13    property  taxed. The eligibility notification shall be mailed
14    to the address of the record owner on file with  the  county.
15    If  the  notification  is mailed by the county to a mortgagee
16    because it is the only address of the record owner filed with
17    the county, then the mortgagee shall, within  30  days  after
18    receipt,  forward  a  copy of the notice to each mortgagor of
19    the property. There is no liability for the  failure  of  the
20    mortgagee to forward the notice to each mortgagor.

21        Section  20.  Conditions  of  deferral  or exemption. Any
22    exemption of payment of an increase in  real  property  taxes
23    granted  under this Act must be limited to real property that
24    meets both of the following conditions:
25             (1)  The  property  is  owned  and  occupied  by   a
26        longtime owner-occupant.
27             (2)  The  property  is  the  principal residence and
28        domicile of the longtime owner-occupant.
29        The corporate authorities of a county,  by  ordinance  or
30    resolution, may impose additional criteria for qualifying for
31    an  exemption  under  this Act including, but not limited to,
32    (i) requiring the owner-occupant to have owned  and  occupied
33    the  same  dwelling place as principal residence and domicile
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 1    for a period of more than 25  years,  (ii)  establishing  age
 2    criteria  for  eligibility  of  an  owner-occupant, and (iii)
 3    establishing  income   criteria   for   eligibility   of   an
 4    owner-occupant.

 5        Section   25.  Application   to   prior  tax  years.  The
 6    corporate authorities of the county may use any county record
 7    or other information that predates the effective date of this
 8    Act by up to 5 years for the purpose of  determining  whether
 9    the  assessed  value of a longtime owner-occupant's principal
10    residence increased from one assessment to the next  by  more
11    than  2% and grant an exemption for those prior taxable years
12    in accordance with this Act.

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