093_HB0625enr

 
HB0625 Enrolled                      LRB093 05848 DRJ 05941 b

 1        AN ACT in relation to housing.

 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    Affordable Housing Planning and Appeal Act.

 6        Section 5.  Findings. The legislature finds and  declares
 7    that:
 8             (1)  there   exists   a   shortage   of  affordable,
 9        accessible, safe, and sanitary housing in the State;
10             (2)  it is imperative that action be taken to assure
11        the availability of workforce and retirement housing; and
12             (3)  local governments in the State that do not have
13        sufficient affordable housing are encouraged to assist in
14        providing affordable housing opportunities to assure  the
15        health, safety, and welfare of all citizens of the State.

16        Section  10.  Purpose.  The  purpose  of  this  Act is to
17    encourage  counties   and   municipalities   to   incorporate
18    affordable  housing  within their housing stock sufficient to
19    meet  the  needs  of  their  county  or  community.  Further,
20    affordable housing developers who believe that they have been
21    unfairly  treated  due  to  the  fact  that  the  development
22    contains  affordable  housing  may  seek  relief  from  local
23    ordinances and regulations that may inhibit the  construction
24    of   affordable   housing  needed  to  serve  low-income  and
25    moderate-income households in this State.

26        Section 15.  Definitions. As used in this Act:
27        "Affordable housing" means housing that has a sales price
28    or rental amount that is within the means of a household that
29    may occupy moderate-income or low-income housing. In the case
 
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 1    of dwelling units for sale, housing that is affordable  means
 2    housing  in  which  mortgage, amortization, taxes, insurance,
 3    and condominium or association fees, if  any,  constitute  no
 4    more  than  30%  of  the  gross annual household income for a
 5    household of the size that may occupy the unit. In  the  case
 6    of  dwelling units for rent, housing that is affordable means
 7    housing for which the rent and utilities constitute  no  more
 8    than 30% of the gross annual household income for a household
 9    of the size that may occupy the unit.
10        "Affordable  housing developer" means a nonprofit entity,
11    limited equity  cooperative  or  public  agency,  or  private
12    individual,  firm,  corporation,  or  other entity seeking to
13    build an affordable housing development.
14        "Affordable housing development" means  (i)  any  housing
15    that is subsidized by the federal or State government or (ii)
16    any  housing  in which at least 20% of the dwelling units are
17    subject to covenants or restrictions that  require  that  the
18    dwelling units be sold or rented at prices that preserve them
19    as  affordable  housing for a period of at least 15 years, in
20    the case of for-sale housing, and at least 30 years,  in  the
21    case of rental housing.
22        "Approving  authority"  means  the  governing body of the
23    county or municipality.
24        "Development"   means   any    building,    construction,
25    renovation,  or  excavation or any material change in the use
26    or appearance of any structure or in  the  land  itself;  the
27    division of land into parcels; or any change in the intensity
28    or use of land, such as an increase in the number of dwelling
29    units in a structure or a change to a commercial use.
30        "Exempt  local  government" means any local government in
31    which at least 10% of its total year-round housing units  are
32    affordable, as determined by the Illinois Housing Development
33    Authority  pursuant  to  Section  20  of  this  Act;  or  any
34    municipality under 1,000 population.
 
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 1        "Household"  means  the  person  or  persons  occupying a
 2    dwelling unit.
 3        "Local government" means a county or municipality.
 4        "Low-income housing" means housing  that  is  affordable,
 5    according  to  the  federal  Department  of Housing and Urban
 6    Development, for either home ownership or rental, and that is
 7    occupied, reserved, or marketed for occupancy  by  households
 8    with a gross household income that does not exceed 50% of the
 9    median gross household income for households of the same size
10    within the county in which the housing is located.
11        "Moderate-income   housing"   means   housing   that   is
12    affordable,  according  to  the federal Department of Housing
13    and Urban Development, for either home ownership  or  rental,
14    and  that is occupied, reserved, or marketed for occupancy by
15    households with a gross household income that is greater than
16    50% but does not exceed 80% of  the  median  gross  household
17    income  for  households of the same size within the county in
18    which the housing is located.
19        "Non-appealable local government requirements" means  all
20    essential  requirements  that  protect  the public health and
21    safety, including any local building,  electrical,  fire,  or
22    plumbing  code  requirements  or  those requirements that are
23    critical  to  the   protection   or   preservation   of   the
24    environment.

25        Section 20.  Determination of exempt local governments.
26        (a)  Beginning  January  1,  2006,  the  Illinois Housing
27    Development Authority shall determine which local governments
28    are exempt and not exempt from  the  operation  of  this  Act
29    based  on an identification of the total number of year-round
30    housing units in the most recent decennial  census  for  each
31    local  government  within  the  State  and by an inventory of
32    for-sale and rental affordable housing units, as  defined  in
33    this Act, for each local government from the decennial census
 
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 1    and other relevant sources.
 2        (b)  The  Illinois  Housing  Development  Authority shall
 3    make this determination by:
 4             (i)  totaling the number of for-sale  housing  units
 5        in   each   local   government  that  are  affordable  to
 6        households with a gross household  income  that  is  less
 7        than 80% of the median household income within the county
 8        or primary metropolitan statistical area;
 9             (ii)  totaling  the  number  of rental units in each
10        local government that are affordable to households with a
11        gross household income that  is  less  than  60%  of  the
12        median  household  income  within  the  county or primary
13        metropolitan statistical area;
14             (iii)  adding the  number  of  for-sale  and  rental
15        units  for each local government from items (i) and (ii);
16        and
17             (iv)  dividing the sum of (iii) above by  the  total
18        number   of   year-round   housing  units  in  the  local
19        government as contained in the  latest  decennial  census
20        and  multiplying  the  result  by  100  to  determine the
21        percentage  of  affordable  housing  units   within   the
22        jurisdiction of the local government.
23        (c)  Beginning  January  1,  2006,  the  Illinois Housing
24    Development Authority shall publish on an annual basis a list
25    of exempt and non-exempt local governments and the data  that
26    it  used  to  calculate  its determination. The data shall be
27    shown for each local government in  the  State  and  for  the
28    State as a whole.
29        (d)  A   local  government  or  developer  of  affordable
30    housing may appeal the determination of the Illinois  Housing
31    Development  Authority  as to whether the local government is
32    exempt or non-exempt under this Act  in  connection  with  an
33    appeal under Section 30 of this Act.
 
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 1        Section 25.  Affordable housing plan.
 2        (a)   Prior   to  July  1,  2004,  all  non-exempt  local
 3    governments must approve an affordable housing plan.
 4        (b)  For the purposes of this Act, the affordable housing
 5    plan shall consist of at least the following:
 6             (i)  a statement of the total number  of  affordable
 7        housing  units  that  are  necessary  to exempt the local
 8        government from the operation of this Act as  defined  in
 9        Section 15 and Section 20;
10             (ii)  an   identification   of   lands   within  the
11        jurisdiction  that   are   most   appropriate   for   the
12        construction   of  affordable  housing  and  of  existing
13        structures  most  appropriate  for  conversion   to,   or
14        rehabilitation   for,  affordable  housing,  including  a
15        consideration of lands and structures of  developers  who
16        have expressed a commitment to provide affordable housing
17        and   lands   and   structures   that   are  publicly  or
18        semi-publicly owned;
19             (iii)  incentives that local governments may provide
20        for the purpose of attracting affordable housing to their
21        jurisdiction; and
22             (iv)  a  goal  of  a  minimum  of  15%  of  all  new
23        development or redevelopment within the local  government
24        that  would be defined as affordable housing in this Act;
25        or a minimum of a 3  percentage  point  increase  in  the
26        overall  percentage  of  affordable  housing  within  its
27        jurisdiction,  as defined in Section 20 of this Act; or a
28        minimum of a total of 10% of  affordable  housing  within
29        its jurisdiction.
30        (c)  Within  60  days after the adoption of an affordable
31    housing plan or revisions to its affordable housing plan, the
32    local government must submit a  copy  of  that  plan  to  the
33    Illinois Housing Development Authority.
 
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 1        Section 30.  Appeal to State Housing Appeals Board.
 2        (a)  Beginning  January  1,  2006,  an affordable housing
 3    developer whose application is either denied or approved with
 4    conditions that in his or her judgment render  the  provision
 5    of  affordable  housing  infeasible may, within 45 days after
 6    the decision, submit  to  the  State  Housing  Appeals  Board
 7    information  regarding  why  the developer believes he or she
 8    was unfairly  denied  or  conditions  were  placed  upon  the
 9    tentative  approval  of  the  development  unless  the  local
10    government that rendered the decision is exempt under Section
11    15  or  Section  20 of this Act. The Board shall maintain all
12    information forwarded to them by developers and shall compile
13    and  make  available  an  annual   report   summarizing   the
14    information thus received.
15        (b)  Beginning  January  1,  2009,  an affordable housing
16    developer whose application is either denied or approved with
17    conditions that in his or her judgment render  the  provision
18    of  affordable  housing  infeasible may, within 45 days after
19    the decision, appeal  to  the  State  Housing  Appeals  Board
20    challenging  that  decision unless the municipality or county
21    that rendered the decision is exempt under Section 15 of this
22    Act. The developer must submit information regarding why  the
23    developer   believes   he  or  she  was  unfairly  denied  or
24    unreasonable  conditions  were  placed  upon  the   tentative
25    approval of the development.
26        (c)  Beginning  January 1, 2009, the Board shall render a
27    decision on the appeal within 120 days after  the  appeal  is
28    filed.  In  its  determination  of an appeal, the Board shall
29    conduct a de novo review of  the  matter.  In  rendering  its
30    decision,  the Board shall consider the facts and whether the
31    developer was treated in a manner that places an undue burden
32    on the development due  to  the  fact  that  the  development
33    contains affordable housing as defined in this Act. The Board
34    shall  further consider any action taken by the unit of local
 
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 1    government in regards to granting waivers or  variances  that
 2    would have the effect of creating or prohibiting the economic
 3    viability  of  the  development. In any proceeding before the
 4    Board, the developer bears the burden of  demonstrating  that
 5    he or she has been unfairly denied or unreasonable conditions
 6    have   been  placed  upon  the  tentative  approval  for  the
 7    application for an affordable housing development.
 8        (d)  The Board shall dismiss any appeal if:
 9             (i)  the local government has adopted an  affordable
10        housing  plan  as  defined  in Section 25 of this Act and
11        submitted that plan to the Illinois  Housing  Development
12        Authority within the time frame required by this Act; and
13             (ii)  the   local  government  has  implemented  its
14        affordable  housing  plan  and  has  met  its   goal   as
15        established  in its affordable housing plan as defined in
16        Section 25 of this Act.
17        (e)  The Board shall dismiss any appeal if the reason for
18    denying  the  application  or  placing  conditions  upon  the
19    approval is a  non-appealable  local  government  requirement
20    under Section 15 of this Act.
21        (f)  The   Board  may  affirm,  reverse,  or  modify  the
22    conditions of, or add conditions to, a decision made  by  the
23    approving authority. The decision of the Board constitutes an
24    order  directed  to the approving authority and is binding on
25    the local government.
26        (g)  The appellate court has the  exclusive  jurisdiction
27    to review decisions of the Board.

28        Section  40.  Nonresidential  development  as  part of an
29    affordable housing development.
30        (a)  An  affordable  housing  developer  who  applies  to
31    develop property  that  contains  nonresidential  uses  in  a
32    nonresidential zoning district must designate either at least
33    50%  of the area or at least 50% of the square footage of the
 
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 1    development  for  residential  use.  Unless  adjacent  to   a
 2    residential  development,  the nonresidential zoning district
 3    shall not include property zoned  industrial.  The  applicant
 4    bears  the burden of proof of demonstrating that the purposes
 5    of a nonresidential zoning district will not be  impaired  by
 6    the  construction  of housing in the zoning district and that
 7    the  public  health  and  safety  of  the  residents  of  the
 8    affordable  housing  will  not  be  adversely   affected   by
 9    nonresidential  uses either in existence or permitted in that
10    zoning  district.  The  development   should   be   completed
11    simultaneously to the extent possible and shall be unified in
12    design.
13        (b)  For  purposes  of subsection (a), the square footage
14    of the  residential  portion  of  the  development  shall  be
15    measured  by  the  interior  floor  area  of  dwelling units,
16    excluding that portion that is unheated.  Square  footage  of
17    the  nonresidential  portion shall be calculated according to
18    the gross leasable area.

19        Section 50.  Housing Appeals Board.
20        (a)  Prior to July 1, 2006, a Housing Appeals Board shall
21    be created consisting of 7 members appointed by the  Governor
22    as follows:
23             (1)  a  retired  circuit  judge or retired appellate
24        judge, who shall act as chairperson;
25             (2)  a zoning board of appeals member;
26             (3)  a planning board member;
27             (4)  a mayor or municipal council or board member;
28             (5)  a county board member;
29             (6)  an affordable housing developer; and
30             (7)  an affordable housing advocate.
31        In  addition,  the  Chairman  of  the  Illinois   Housing
32    Development   Authority,   ex   officio,  shall  serve  as  a
33    non-voting member. No more than 4 of  the  appointed  members
 
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 1    may  be  from  the  same political party.  Appointments under
 2    items (2), (3), and (4) shall be from local governments  that
 3    are not exempt under this Act.
 4        (b)  Initial   terms  of  4  members  designated  by  the
 5    Governor shall be for 2 years. Initial  terms  of  3  members
 6    designated by the Governor shall be for one year. Thereafter,
 7    members  shall  be  appointed  for terms of 2 years. A member
 8    shall receive no compensation for his or  her  services,  but
 9    shall  be reimbursed by the State for all reasonable expenses
10    actually and necessarily incurred in the performance  of  his
11    or  her  official  duties. The board shall hear all petitions
12    for review  filed  under  this  Act  and  shall  conduct  all
13    hearings   in  accordance  with  the  rules  and  regulations
14    established  by  the  chairperson.   The   Illinois   Housing
15    Development  Authority  shall  provide space and clerical and
16    other assistance that the Board may require.
17        (c)  The Illinois Housing Development Authority may adopt
18    such other rules and regulations as it  deems  necessary  and
19    appropriate  to  carry out the Board's responsibilities under
20    this Act and to provide direction to  local  governments  and
21    affordable housing developers.