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Public Act 102-0283


 

Public Act 0283 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0283
 
SB0154 EnrolledLRB102 10411 KTG 15738 b

    AN ACT concerning housing.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Affordable Housing Act is amended
by changing Sections 3 and 10 and by adding Section 18 as
follows:
 
    (310 ILCS 65/3)  (from Ch. 67 1/2, par. 1253)
    Sec. 3. Definitions. As used in this Act:
    (a) "Program" means the Illinois Affordable Housing
Program.
    (b) "Trust Fund" means the Illinois Affordable Housing
Trust Fund.
    (b-5) "Capital Fund" means the Illinois Affordable Housing
Capital Fund.
    (c) "Low-income household" means a single person, family
or unrelated persons living together whose adjusted income is
more than 50%, but less than 80%, of the median income of the
area of residence, adjusted for family size, as such adjusted
income and median income for the area are determined from time
to time by the United States Department of Housing and Urban
Development for purposes of Section 8 of the United States
Housing Act of 1937.
    (d) "Very low-income household" means a single person,
family or unrelated persons living together whose adjusted
income is not more than 50% of the median income of the area of
residence, adjusted for family size, as such adjusted income
and median income for the area are determined from time to time
by the United States Department of Housing and Urban
Development for purposes of Section 8 of the United States
Housing Act of 1937.
    (e) "Affordable housing" means residential housing that,
so long as the same is occupied by low-income households or
very low-income households, requires payment of monthly
housing costs, including utilities other than telephone, of no
more than 30% of the maximum allowable income as stated for
such households as defined in this Section.
    (f) "Multi-family housing" means a building or buildings
providing housing to 5 or more households.
    (g) "Single-family housing" means a building containing
one to 4 dwelling units, including a mobile home as defined in
subsection (b) of Section 3 of the Mobile Home Landlord and
Tenant Rights Act, as amended.
    (h) "Community-based organization" means a not-for-profit
entity whose governing body includes a majority of members who
reside in the community served by the organization.
    (i) "Advocacy organization" means a not-for-profit
organization which conducts, in part or in whole, activities
to influence public policy on behalf of low-income or very
low-income households.
    (j) "Program Administrator" means the Illinois Housing
Development Authority.
    (k) "Funding Agent" means the Illinois Department of
Revenue.
    (l) "Commission" means the Affordable Housing Advisory
Commission.
    (m) "Congregate housing" means a building or structure in
which 2 or more households, inclusive, share common living
areas and may share child care, cleaning, cooking and other
household responsibilities.
    (n) "Eligible applicant" means a proprietorship,
partnership, for-profit corporation, not-for-profit
corporation or unit of local government which seeks to use
fund assets as provided in this Article.
    (o) "Moderate income household" means a single person,
family or unrelated persons living together whose adjusted
income is more than 80% but less than 120% of the median income
of the area of residence, adjusted for family size, as such
adjusted income and median income for the area are determined
from time to time by the United States Department of Housing
and Urban Development for purposes of Section 8 of the United
States Housing Act of 1937.
    (p) "Affordable Housing Program Trust Fund Bonds or Notes"
means the bonds or notes issued by the Program Administrator
under the Illinois Housing Development Act to further the
purposes of this Act.
    (q) "Trust Fund Moneys" means all moneys, deposits,
revenues, income, interest, dividends, receipts, taxes,
proceeds and other amounts or funds deposited or to be
deposited in the Trust Fund pursuant to Section 5(b) of this
Act and any proceeds, investments or increase thereof.
    (r) "Program Escrow" means accounts, except those accounts
relating to any Affordable Housing Program Trust Fund Bonds or
Notes, designated by the Program Administrator, into which
Trust Fund Moneys are deposited.
    (s) "Common household pet" means a domesticated animal,
such as a dog (canis lupus familiaris) or cat (felis catus),
which is commonly kept in the home for pleasure rather than for
commercial purposes.
(Source: P.A. 95-710, eff. 6-1-08.)
 
    (310 ILCS 65/10)  (from Ch. 67 1/2, par. 1260)
    Sec. 10. Trust Fund restrictions and stipulations. (a) All
housing financed and all assistance provided from the Trust
Fund shall be available to all eligible persons regardless of
race, color, ancestry, unfavorable military discharge,
familial status, marital status, national origin, religion,
creed, sex, age, or disability.
    (b) There shall be, on all assisted housing, a deed
restriction, agreement, or other legal document which provides
for the recapture of assistance upon terms and conditions to
be specified in rules and regulations promulgated by the
Program Administrator.
    (c) Loans made by the Trust Fund may be at no interest or
at below market interest rates, with or without security, and
may include loans for predevelopment financing.
    (d) Assistance may be provided for housing units for low
and very low-income households within multi-family housing
which is occupied partly by low and very low-income households
and partly by households not qualifying as low or very
low-income, subject to rules and regulations promulgated by
the Program Administrator.
    (e) Except to the extent provided in rules and regulations
promulgated by the Program Administrator, no household shall
be required to vacate or move from any assisted housing as a
result of ceasing to qualify as a low or very low-income
household under this Act.
    (f) Rates not to exceed fair market rental may be charged
to any person or household which occupies any single family
housing or unit of multi-family housing for the period that
person or household does not qualify as low or very
low-income.
    (g) All housing assisted by the Trust Fund shall provide a
residential antidisplacement and relocation assistance plan
consistent with Section 507 of the federal Housing and
Community Development Act of 1987.
    (h) Multi-family housing assisted by the Trust Fund shall
be prohibited from refusing to accept tenants for occupancy
solely because the tenant receives governmental rental
assistance.
    (i) Trust Fund assisted multi-family housing is prohibited
from evicting tenants without good cause.
    (j) Assistance may be provided to housing whether or not
such housing satisfies the definition of a "qualified
residential rental project" set forth in Section 142 of the
Internal Revenue Code of 1986, as amended.
    (k) Housing assisted by the Trust Fund shall be required
to meet energy efficiency standards which shall be established
by the Program Administrator. Any review for affordability of
assisted housing must include a review of energy costs.
    (l) Manufactured housing which is manufactured entirely
within the State shall be given priority over housing
manufactured in whole or in part outside of the State.
    (m) It is intended that Trust Fund monies not be used to
supplant existing resources and that the Trust Fund shall be a
funder of last resort.
    (n) Prior to application of Trust Fund assets to provide
assistance to affordable housing under this Act, Trust Fund
assets may be invested in mortgage participation certificates
representing undivided interests in specified, first-lien
conventional residential Illinois mortgages which are
underwritten, insured, guaranteed or purchased by the Federal
Home Loan Mortgage Corporation. Trust Fund assets may also be
used in such investments as may be lawful for fiduciaries in
this State or in such investments which shall reduce the risk
associated with fluctuations in interest rates or market price
of investments.
    (o) A tenant of a multifamily rental housing unit that is
500 square feet or larger and has been acquired, constructed,
or rehabilitated with any money from the Trust Fund after
January 1, 2022 and that was designated for affordable housing
for low and very low-income families shall be allowed to keep
at least 2 cats or one dog that weighs under 50 pounds
regardless of breed or height within the tenant's residence in
accordance with any applicable State laws. This subsection
does not apply to service animals or service animals in
training or to any dog that has been deemed a dangerous or
vicious dog as provided under the Animal Control Act. This
subsection does not apply to supportive living facilities as
described in Section 5-5.01a of the Illinois Public Aid Code
or elderly housing. For purposes of this subsection, "elderly
housing" means housing that is either: (i) intended for and
solely occupied by persons age 62 or older; (ii) intended and
operated for occupancy by at least one person age 55 years or
older per unit, and at least 80% of the units within the
elderly housing project are so occupied; or (iii) provided for
under any State or federal program that the U.S. Department of
Housing and Urban Development has determined is specifically
designed and operated to assist elderly persons (as defined in
the State or federal program).
(Source: P.A. 89-286, eff. 8-10-95.)
 
    (310 ILCS 65/18 new)
    Sec. 18. Pets in affordable housing projects.
    (a) The enforcement of policies relating to keeping a pet
within a residence may include:
        (1) compliance with noise and sanitation standards;
        (2) registration of the common household pet with the
    owner of the residential housing;
        (3) restraint of the common household pet in common
    areas of the residential housing;
        (4) timely removal of common household pet excrement;
        (5) vaccination and sterilization requirements; and
        (6) enforcement of violations of the policy.
    (b) A housing provider shall not be liable for injuries
caused by an owner's common household pet permitted on the
housing provider's property, except in cases of willful and
wanton misconduct.
    (c) Nothing in this Section shall be construed to limit or
otherwise affect other statutes or laws that require
reasonable accommodations to be made for an individual with a
disability who maintains an animal to provide assistance,
service, or support. Nothing in this Section shall be
construed to apply to supportive living facilities as
described in Section 5-5.01a of the Illinois Public Aid Code
or elderly housing. For purposes of this subsection, "elderly
housing" means housing that is either: (i) intended for and
solely occupied by persons age 62 or older; (ii) intended and
operated for occupancy by at least one person age 55 years or
older per unit, and at least 80% of the units within the
elderly housing project are so occupied; or (iii) provided for
under any State or federal program that the U.S. Department of
Housing and Urban Development has determined is specifically
designed and operated to assist elderly persons (as defined in
the State or federal program).
 
    Section 95. Applicability. The changes made by this Act
apply to multifamily rental housing that is acquired,
constructed, or rehabilitated after January 1, 2022 with money
from the Illinois Affordable Housing Trust Fund.
 
    Section 99. Effective date. This Act takes effect on
January 1, 2022.

Effective Date: 1/1/2022