Public Act 93-0595
HB0625 Enrolled LRB093 05848 DRJ 05941 b
AN ACT in relation to housing.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Affordable Housing Planning and Appeal Act.
Section 5. Findings. The legislature finds and declares
that:
(1) there exists a shortage of affordable,
accessible, safe, and sanitary housing in the State;
(2) it is imperative that action be taken to assure
the availability of workforce and retirement housing; and
(3) local governments in the State that do not have
sufficient affordable housing are encouraged to assist in
providing affordable housing opportunities to assure the
health, safety, and welfare of all citizens of the State.
Section 10. Purpose. The purpose of this Act is to
encourage counties and municipalities to incorporate
affordable housing within their housing stock sufficient to
meet the needs of their county or community. Further,
affordable housing developers who believe that they have been
unfairly treated due to the fact that the development
contains affordable housing may seek relief from local
ordinances and regulations that may inhibit the construction
of affordable housing needed to serve low-income and
moderate-income households in this State.
Section 15. Definitions. As used in this Act:
"Affordable housing" means housing that has a sales price
or rental amount that is within the means of a household that
may occupy moderate-income or low-income housing. In the case
of dwelling units for sale, housing that is affordable means
housing in which mortgage, amortization, taxes, insurance,
and condominium or association fees, if any, constitute no
more than 30% of the gross annual household income for a
household of the size that may occupy the unit. In the case
of dwelling units for rent, housing that is affordable means
housing for which the rent and utilities constitute no more
than 30% of the gross annual household income for a household
of the size that may occupy the unit.
"Affordable housing developer" means a nonprofit entity,
limited equity cooperative or public agency, or private
individual, firm, corporation, or other entity seeking to
build an affordable housing development.
"Affordable housing development" means (i) any housing
that is subsidized by the federal or State government or (ii)
any housing in which at least 20% of the dwelling units are
subject to covenants or restrictions that require that the
dwelling units be sold or rented at prices that preserve them
as affordable housing for a period of at least 15 years, in
the case of for-sale housing, and at least 30 years, in the
case of rental housing.
"Approving authority" means the governing body of the
county or municipality.
"Development" means any building, construction,
renovation, or excavation or any material change in the use
or appearance of any structure or in the land itself; the
division of land into parcels; or any change in the intensity
or use of land, such as an increase in the number of dwelling
units in a structure or a change to a commercial use.
"Exempt local government" means any local government in
which at least 10% of its total year-round housing units are
affordable, as determined by the Illinois Housing Development
Authority pursuant to Section 20 of this Act; or any
municipality under 1,000 population.
"Household" means the person or persons occupying a
dwelling unit.
"Local government" means a county or municipality.
"Low-income housing" means housing that is affordable,
according to the federal Department of Housing and Urban
Development, for either home ownership or rental, and that is
occupied, reserved, or marketed for occupancy by households
with a gross household income that does not exceed 50% of the
median gross household income for households of the same size
within the county in which the housing is located.
"Moderate-income housing" means housing that is
affordable, according to the federal Department of Housing
and Urban Development, for either home ownership or rental,
and that is occupied, reserved, or marketed for occupancy by
households with a gross household income that is greater than
50% but does not exceed 80% of the median gross household
income for households of the same size within the county in
which the housing is located.
"Non-appealable local government requirements" means all
essential requirements that protect the public health and
safety, including any local building, electrical, fire, or
plumbing code requirements or those requirements that are
critical to the protection or preservation of the
environment.
Section 20. Determination of exempt local governments.
(a) Beginning January 1, 2006, the Illinois Housing
Development Authority shall determine which local governments
are exempt and not exempt from the operation of this Act
based on an identification of the total number of year-round
housing units in the most recent decennial census for each
local government within the State and by an inventory of
for-sale and rental affordable housing units, as defined in
this Act, for each local government from the decennial census
and other relevant sources.
(b) The Illinois Housing Development Authority shall
make this determination by:
(i) totaling the number of for-sale housing units
in each local government that are affordable to
households with a gross household income that is less
than 80% of the median household income within the county
or primary metropolitan statistical area;
(ii) totaling the number of rental units in each
local government that are affordable to households with a
gross household income that is less than 60% of the
median household income within the county or primary
metropolitan statistical area;
(iii) adding the number of for-sale and rental
units for each local government from items (i) and (ii);
and
(iv) dividing the sum of (iii) above by the total
number of year-round housing units in the local
government as contained in the latest decennial census
and multiplying the result by 100 to determine the
percentage of affordable housing units within the
jurisdiction of the local government.
(c) Beginning January 1, 2006, the Illinois Housing
Development Authority shall publish on an annual basis a list
of exempt and non-exempt local governments and the data that
it used to calculate its determination. The data shall be
shown for each local government in the State and for the
State as a whole.
(d) A local government or developer of affordable
housing may appeal the determination of the Illinois Housing
Development Authority as to whether the local government is
exempt or non-exempt under this Act in connection with an
appeal under Section 30 of this Act.
Section 25. Affordable housing plan.
(a) Prior to July 1, 2004, all non-exempt local
governments must approve an affordable housing plan.
(b) For the purposes of this Act, the affordable housing
plan shall consist of at least the following:
(i) a statement of the total number of affordable
housing units that are necessary to exempt the local
government from the operation of this Act as defined in
Section 15 and Section 20;
(ii) an identification of lands within the
jurisdiction that are most appropriate for the
construction of affordable housing and of existing
structures most appropriate for conversion to, or
rehabilitation for, affordable housing, including a
consideration of lands and structures of developers who
have expressed a commitment to provide affordable housing
and lands and structures that are publicly or
semi-publicly owned;
(iii) incentives that local governments may provide
for the purpose of attracting affordable housing to their
jurisdiction; and
(iv) a goal of a minimum of 15% of all new
development or redevelopment within the local government
that would be defined as affordable housing in this Act;
or a minimum of a 3 percentage point increase in the
overall percentage of affordable housing within its
jurisdiction, as defined in Section 20 of this Act; or a
minimum of a total of 10% of affordable housing within
its jurisdiction.
(c) Within 60 days after the adoption of an affordable
housing plan or revisions to its affordable housing plan, the
local government must submit a copy of that plan to the
Illinois Housing Development Authority.
Section 30. Appeal to State Housing Appeals Board.
(a) Beginning January 1, 2006, an affordable housing
developer whose application is either denied or approved with
conditions that in his or her judgment render the provision
of affordable housing infeasible may, within 45 days after
the decision, submit to the State Housing Appeals Board
information regarding why the developer believes he or she
was unfairly denied or conditions were placed upon the
tentative approval of the development unless the local
government that rendered the decision is exempt under Section
15 or Section 20 of this Act. The Board shall maintain all
information forwarded to them by developers and shall compile
and make available an annual report summarizing the
information thus received.
(b) Beginning January 1, 2009, an affordable housing
developer whose application is either denied or approved with
conditions that in his or her judgment render the provision
of affordable housing infeasible may, within 45 days after
the decision, appeal to the State Housing Appeals Board
challenging that decision unless the municipality or county
that rendered the decision is exempt under Section 15 of this
Act. The developer must submit information regarding why the
developer believes he or she was unfairly denied or
unreasonable conditions were placed upon the tentative
approval of the development.
(c) Beginning January 1, 2009, the Board shall render a
decision on the appeal within 120 days after the appeal is
filed. In its determination of an appeal, the Board shall
conduct a de novo review of the matter. In rendering its
decision, the Board shall consider the facts and whether the
developer was treated in a manner that places an undue burden
on the development due to the fact that the development
contains affordable housing as defined in this Act. The Board
shall further consider any action taken by the unit of local
government in regards to granting waivers or variances that
would have the effect of creating or prohibiting the economic
viability of the development. In any proceeding before the
Board, the developer bears the burden of demonstrating that
he or she has been unfairly denied or unreasonable conditions
have been placed upon the tentative approval for the
application for an affordable housing development.
(d) The Board shall dismiss any appeal if:
(i) the local government has adopted an affordable
housing plan as defined in Section 25 of this Act and
submitted that plan to the Illinois Housing Development
Authority within the time frame required by this Act; and
(ii) the local government has implemented its
affordable housing plan and has met its goal as
established in its affordable housing plan as defined in
Section 25 of this Act.
(e) The Board shall dismiss any appeal if the reason for
denying the application or placing conditions upon the
approval is a non-appealable local government requirement
under Section 15 of this Act.
(f) The Board may affirm, reverse, or modify the
conditions of, or add conditions to, a decision made by the
approving authority. The decision of the Board constitutes an
order directed to the approving authority and is binding on
the local government.
(g) The appellate court has the exclusive jurisdiction
to review decisions of the Board.
Section 40. Nonresidential development as part of an
affordable housing development.
(a) An affordable housing developer who applies to
develop property that contains nonresidential uses in a
nonresidential zoning district must designate either at least
50% of the area or at least 50% of the square footage of the
development for residential use. Unless adjacent to a
residential development, the nonresidential zoning district
shall not include property zoned industrial. The applicant
bears the burden of proof of demonstrating that the purposes
of a nonresidential zoning district will not be impaired by
the construction of housing in the zoning district and that
the public health and safety of the residents of the
affordable housing will not be adversely affected by
nonresidential uses either in existence or permitted in that
zoning district. The development should be completed
simultaneously to the extent possible and shall be unified in
design.
(b) For purposes of subsection (a), the square footage
of the residential portion of the development shall be
measured by the interior floor area of dwelling units,
excluding that portion that is unheated. Square footage of
the nonresidential portion shall be calculated according to
the gross leasable area.
Section 50. Housing Appeals Board.
(a) Prior to July 1, 2006, a Housing Appeals Board shall
be created consisting of 7 members appointed by the Governor
as follows:
(1) a retired circuit judge or retired appellate
judge, who shall act as chairperson;
(2) a zoning board of appeals member;
(3) a planning board member;
(4) a mayor or municipal council or board member;
(5) a county board member;
(6) an affordable housing developer; and
(7) an affordable housing advocate.
In addition, the Chairman of the Illinois Housing
Development Authority, ex officio, shall serve as a
non-voting member. No more than 4 of the appointed members
may be from the same political party. Appointments under
items (2), (3), and (4) shall be from local governments that
are not exempt under this Act.
(b) Initial terms of 4 members designated by the
Governor shall be for 2 years. Initial terms of 3 members
designated by the Governor shall be for one year. Thereafter,
members shall be appointed for terms of 2 years. A member
shall receive no compensation for his or her services, but
shall be reimbursed by the State for all reasonable expenses
actually and necessarily incurred in the performance of his
or her official duties. The board shall hear all petitions
for review filed under this Act and shall conduct all
hearings in accordance with the rules and regulations
established by the chairperson. The Illinois Housing
Development Authority shall provide space and clerical and
other assistance that the Board may require.
(c) The Illinois Housing Development Authority may adopt
such other rules and regulations as it deems necessary and
appropriate to carry out the Board's responsibilities under
this Act and to provide direction to local governments and
affordable housing developers.