101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0206

 

Introduced , by Rep. Mary E. Flowers

 

SYNOPSIS AS INTRODUCED:
 
310 ILCS 10/25  from Ch. 67 1/2, par. 25

    Amends the Housing Authorities Act. In a provision permitting a Housing Authority to refuse to certify or recertify applicants, current tenants, or other household members who have been convicted of a criminal offense relating to the sale or distribution of a controlled substance, provides that prior to refusing to certify or recertify such a person, the Authority shall make an individualized assessment and determine whether it is reasonable to conclude that the applicant, current tenant, or other household member would constitute a threat to those in the community where the applicant, current tenant, or other household member would reside; or whether it is reasonable to conclude that the applicant, current tenant, or other household member would otherwise engage in other unlawful activities in that community. Provides that during the individualized assessment, the Authority shall consider all mitigating circumstances, including, but not limited to: the nature of the crime; the time elapsed between the date of conviction and the date of certification or recertification; the applicant's, tenant's, or other household member's background; the incentive to litigate the criminal matter; and any evidence demonstrating rehabilitation. Requires the Authority to provide notice to the applicant, current tenant, or other household member that he or she may be denied certification or recertification because of a criminal conviction and that he or she has the right to an impartial hearing to demonstrate that he or she should not be denied certification or recertification because of his or her particular circumstances.


LRB101 04602 KTG 49610 b

 

 

A BILL FOR

 

HB0206LRB101 04602 KTG 49610 b

1    AN ACT concerning housing.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Housing Authorities Act is amended by
5changing Section 25 as follows:
 
6    (310 ILCS 10/25)   (from Ch. 67 1/2, par. 25)
7    Sec. 25. Rentals and tenant selection. In the operation or
8management of housing projects an Authority shall at all times
9observe the following duties with respect to rentals and tenant
10selection:
11    (a) It shall not accept any person as a tenant in any
12dwelling in a housing project if the persons who would occupy
13the dwelling have an aggregate annual income which equals or
14exceeds the amount which the Authority determines (which
15determination shall be conclusive) to be necessary in order to
16enable such persons to secure safe, sanitary and uncongested
17dwelling accommodations within the area of operation of the
18Authority and to provide an adequate standard of living for
19themselves.
20    (b) It may rent or lease the dwelling accommodations
21therein only at rentals within the financial reach of persons
22who lack the amount of income which it determines (pursuant to
23(a) of this Section) to be necessary in order to obtain safe,

 

 

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1sanitary and uncongested dwelling accommodations within the
2area of operation of the Authority and to provide an adequate
3standard of living.
4    (c) It may rent or lease to a tenant a dwelling consisting
5of the number of rooms (but no greater number) which it deems
6necessary to provide safe and sanitary accommodations to the
7proposed occupants thereof, without overcrowding.
8    (d) It shall not change the residency preference of any
9prospective tenant once the application has been accepted by
10the authority.
11    (e) It may refuse to certify or recertify applicants,
12current tenants, or other household members if, after due
13notice and an impartial hearing, that person or any of the
14proposed occupants of the dwelling has, prior to or during a
15term of tenancy or occupancy in any housing project operated by
16an Authority, been convicted of a criminal offense relating to
17the sale or distribution of controlled substances under the
18laws of this State, the United States or any other state. If an
19Authority desires a criminal history records check of all 50
20states or a 50-state confirmation of a conviction record, the
21Authority shall submit the fingerprints of the relevant
22applicant, tenant, or other household member to the Department
23of State Police in a manner prescribed by the Department of
24State Police. These fingerprints shall be checked against the
25fingerprint records now and hereafter filed in the Department
26of State Police and Federal Bureau of Investigation criminal

 

 

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1history records databases. The Department of State Police shall
2charge a fee for conducting the criminal history records check,
3which shall be deposited in the State Police Services Fund and
4shall not exceed the actual cost of the records check. The
5Department of State Police shall furnish pursuant to positive
6identification, records of conviction to the Authority. Prior
7to refusing to certify or recertify an applicant, current
8tenant, or other household member pursuant to this subsection,
9the Authority shall make an individualized assessment and
10determine whether it is reasonable to conclude that the
11applicant, current tenant, or other household member would
12constitute a threat to those in the community where the
13applicant, current tenant, or other household member would
14reside; or whether it is reasonable to conclude that the
15applicant, current tenant, or other household member would
16otherwise engage in other unlawful activities in that
17community. During the individualized assessment, the Authority
18shall consider all mitigating circumstances, including, but
19not limited to: the nature of the crime; the time elapsed
20between the date of conviction and the date of certification or
21recertification; the applicant's, tenant's, or other household
22member's background; the incentive to litigate the criminal
23matter; and any evidence demonstrating rehabilitation. The
24Authority shall provide notice to the applicant, current
25tenant, or other household member that he or she may be denied
26certification or recertification because of a criminal

 

 

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1conviction and that he or she has the right to an impartial
2hearing to demonstrate that he or she should not be denied
3certification or recertification because of his or her
4particular circumstances.
5    (f) It may, if a tenant has created or maintained a threat
6constituting a serious and clear danger to the health or safety
7of other tenants or Authority employees, after 3 days' written
8notice of termination and without a hearing, file suit against
9any such tenant for recovery of possession of the premises. The
10tenant shall be given the opportunity to contest the
11termination in the court proceedings. A serious and clear
12danger to the health or safety of other tenants or Authority
13employees shall include, but not be limited to, any of the
14following activities of the tenant or of any other person on
15the premises with the consent of the tenant:
16        (1) Physical assault or the threat of physical assault.
17        (2) Illegal use of a firearm or other weapon or the
18    threat to use in an illegal manner a firearm or other
19    weapon.
20        (3) Possession of a controlled substance by the tenant
21    or any other person on the premises with the consent of the
22    tenant if the tenant knew or should have known of the
23    possession by the other person of a controlled substance,
24    unless the controlled substance was obtained directly from
25    or pursuant to a valid prescription.
26        (4) Streetgang membership as defined in the Illinois

 

 

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1    Streetgang Terrorism Omnibus Prevention Act.
2    The management of low-rent public housing projects
3financed and developed under the U.S. Housing Act of 1937 shall
4be in accordance with that Act.
5    Nothing contained in this Section or any other Section of
6this Act shall be construed as limiting the power of an
7Authority to vest in a bondholder or trustee the right, in the
8event of a default by the Authority, to take possession and
9operate a housing project or cause the appointment of a
10receiver thereof, free from all restrictions imposed by this
11Section or any other Section of this Act.
12(Source: P.A. 93-418, eff. 1-1-04; 93-749, eff. 7-15-04.)