093_HB0625sam001











                                     LRB093 05848 MKM 16041 a

 1                     AMENDMENT TO HOUSE BILL 625

 2        AMENDMENT NO.     .  Amend House Bill  625  by  replacing
 3    everything after the enacting clause with the following:

 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
 
                            -2-      LRB093 05848 MKM 16041 a
 1    contains  affordable  housing  may  seek  relief  from  local
 2    ordinances and regulations that may inhibit the  construction
 3    of   affordable   housing  needed  to  serve  low-income  and
 4    moderate-income households in this State.

 5        Section 15.  Definitions. As used in this Act:
 6        "Affordable housing" means housing that has a sales price
 7    or rental amount that is within the means of a household that
 8    may occupy moderate-income or low-income housing. In the case
 9    of dwelling units for sale, housing that is affordable  means
10    housing  in  which  mortgage, amortization, taxes, insurance,
11    and condominium or association fees, if  any,  constitute  no
12    more  than  30%  of  the  gross annual household income for a
13    household of the size that may occupy the unit. In  the  case
14    of  dwelling units for rent, housing that is affordable means
15    housing for which the rent and utilities constitute  no  more
16    than 30% of the gross annual household income for a household
17    of the size that may occupy the unit.
18        "Affordable  housing developer" means a nonprofit entity,
19    limited equity  cooperative  or  public  agency,  or  private
20    individual,  firm,  corporation,  or  other entity seeking to
21    build an affordable housing development.
22        "Affordable housing development" means  (i)  any  housing
23    that is subsidized by the federal or State government or (ii)
24    any  housing  in which at least 20% of the dwelling units are
25    subject to covenants or restrictions that  require  that  the
26    dwelling units be sold or rented at prices that preserve them
27    as  affordable  housing for a period of at least 15 years, in
28    the case of for-sale housing, and at least 30 years,  in  the
29    case of rental housing.
30        "Approving  authority"  means  the  governing body of the
31    county or municipality.
32        "Development"   means   any    building,    construction,
33    renovation,  or  excavation or any material change in the use
 
                            -3-      LRB093 05848 MKM 16041 a
 1    or appearance of any structure or in  the  land  itself;  the
 2    division of land into parcels; or any change in the intensity
 3    or use of land, such as an increase in the number of dwelling
 4    units in a structure or a change to a commercial use.
 5        "Exempt  local  government" means any local government in
 6    which at least 10% of its total year-round housing units  are
 7    affordable, as determined by the Illinois Housing Development
 8    Authority  pursuant  to  Section  20  of  this  Act;  or  any
 9    municipality under 1,000 population.
10        "Household"  means  the  person  or  persons  occupying a
11    dwelling unit.
12        "Local government" means a county or municipality.
13        "Low-income housing" means housing  that  is  affordable,
14    according  to  the  federal  Department  of Housing and Urban
15    Development, for either home ownership or rental, and that is
16    occupied, reserved, or marketed for occupancy  by  households
17    with a gross household income that does not exceed 50% of the
18    median gross household income for households of the same size
19    within the county in which the housing is located.
20        "Moderate-income   housing"   means   housing   that   is
21    affordable,  according  to  the federal Department of Housing
22    and Urban Development, for either home ownership  or  rental,
23    and  that is occupied, reserved, or marketed for occupancy by
24    households with a gross household income that is greater than
25    50% but does not exceed 80% of  the  median  gross  household
26    income  for  households of the same size within the county in
27    which the housing is located.
28        "Non-appealable local government requirements" means  all
29    essential  requirements  that  protect  the public health and
30    safety, including any local building,  electrical,  fire,  or
31    plumbing  code  requirements  or  those requirements that are
32    critical  to  the   protection   or   preservation   of   the
33    environment.
 
                            -4-      LRB093 05848 MKM 16041 a
 1        Section 20.  Determination of exempt local governments.
 2        (a)  Beginning  January  1,  2006,  the  Illinois Housing
 3    Development Authority shall determine which local governments
 4    are exempt and not exempt from  the  operation  of  this  Act
 5    based  on an identification of the total number of year-round
 6    housing units in the most recent decennial  census  for  each
 7    local  government  within  the  State  and by an inventory of
 8    for-sale and rental affordable housing units, as  defined  in
 9    this Act, for each local government from the decennial census
10    and other relevant sources.
11        (b)  The  Illinois  Housing  Development  Authority shall
12    make this determination by:
13             (i)  totaling the number of for-sale  housing  units
14        in   each   local   government  that  are  affordable  to
15        households with a gross household  income  that  is  less
16        than 80% of the median household income within the county
17        or primary metropolitan statistical area;
18             (ii)  totaling  the  number  of rental units in each
19        local government that are affordable to households with a
20        gross household income that  is  less  than  60%  of  the
21        median  household  income  within  the  county or primary
22        metropolitan statistical area;
23             (iii)  adding the  number  of  for-sale  and  rental
24        units  for each local government from items (i) and (ii);
25        and
26             (iv)  dividing the sum of (iii) above by  the  total
27        number   of   year-round   housing  units  in  the  local
28        government as contained in the  latest  decennial  census
29        and  multiplying  the  result  by  100  to  determine the
30        percentage  of  affordable  housing  units   within   the
31        jurisdiction of the local government.
32        (c)  Beginning  January  1,  2006,  the  Illinois Housing
33    Development Authority shall publish on an annual basis a list
34    of exempt and non-exempt local governments and the data  that
 
                            -5-      LRB093 05848 MKM 16041 a
 1    it  used  to  calculate  its determination. The data shall be
 2    shown for each local government in  the  State  and  for  the
 3    State as a whole.
 4        (d)  A   local  government  or  developer  of  affordable
 5    housing may appeal the determination of the Illinois  Housing
 6    Development  Authority  as to whether the local government is
 7    exempt or non-exempt under this Act  in  connection  with  an
 8    appeal under Section 30 of this Act.

 9        Section 25.  Affordable housing plan.
10        (a)   Prior   to  July  1,  2004,  all  non-exempt  local
11    governments must approve an affordable housing plan.
12        (b)  For the purposes of this Act, the affordable housing
13    plan shall consist of at least the following:
14             (i)  a statement of the total number  of  affordable
15        housing  units  that  are  necessary  to exempt the local
16        government from the operation of this Act as  defined  in
17        Section 15 and Section 20;
18             (ii)  an   identification   of   lands   within  the
19        jurisdiction  that   are   most   appropriate   for   the
20        construction   of  affordable  housing  and  of  existing
21        structures  most  appropriate  for  conversion   to,   or
22        rehabilitation   for,  affordable  housing,  including  a
23        consideration of lands and structures of  developers  who
24        have expressed a commitment to provide affordable housing
25        and   lands   and   structures   that   are  publicly  or
26        semi-publicly owned;
27             (iii)  incentives that local governments may provide
28        for the purpose of attracting affordable housing to their
29        jurisdiction; and
30             (iv)  a  goal  of  a  minimum  of  15%  of  all  new
31        development or redevelopment within the local  government
32        that  would be defined as affordable housing in this Act;
33        or a minimum of a 3  percentage  point  increase  in  the
 
                            -6-      LRB093 05848 MKM 16041 a
 1        overall  percentage  of  affordable  housing  within  its
 2        jurisdiction,  as defined in Section 20 of this Act; or a
 3        minimum of a total of 10% of  affordable  housing  within
 4        its jurisdiction.
 5        (c)  Within  60  days after the adoption of an affordable
 6    housing plan or revisions to its affordable housing plan, the
 7    local government must submit a  copy  of  that  plan  to  the
 8    Illinois Housing Development Authority.

 9        Section 30.  Appeal to State Housing Appeals Board.
10        (a)  Beginning  January  1,  2006,  an affordable housing
11    developer whose application is either denied or approved with
12    conditions that in his or her judgment render  the  provision
13    of  affordable  housing  infeasible may, within 45 days after
14    the decision, submit  to  the  State  Housing  Appeals  Board
15    information  regarding  why  the developer believes he or she
16    was unfairly  denied  or  conditions  were  placed  upon  the
17    tentative  approval  of  the  development  unless  the  local
18    government that rendered the decision is exempt under Section
19    15  or  Section  20 of this Act. The Board shall maintain all
20    information forwarded to them by developers and shall compile
21    and  make  available  an  annual   report   summarizing   the
22    information thus received.
23        (b)  Beginning  January  1,  2009,  an affordable housing
24    developer whose application is either denied or approved with
25    conditions that in his or her judgment render  the  provision
26    of  affordable  housing  infeasible may, within 45 days after
27    the decision, appeal  to  the  State  Housing  Appeals  Board
28    challenging  that  decision unless the municipality or county
29    that rendered the decision is exempt under Section 15 of this
30    Act. The developer must submit information regarding why  the
31    developer   believes   he  or  she  was  unfairly  denied  or
32    unreasonable  conditions  were  placed  upon  the   tentative
33    approval of the development.
 
                            -7-      LRB093 05848 MKM 16041 a
 1        (c)  Beginning  January 1, 2009, the Board shall render a
 2    decision on the appeal within 120 days after  the  appeal  is
 3    filed.  In  its  determination  of an appeal, the Board shall
 4    conduct a de novo review of  the  matter.  In  rendering  its
 5    decision,  the Board shall consider the facts and whether the
 6    developer was treated in a manner that places an undue burden
 7    on the development due  to  the  fact  that  the  development
 8    contains affordable housing as defined in this Act. The Board
 9    shall  further consider any action taken by the unit of local
10    government in regards to granting waivers or  variances  that
11    would have the effect of creating or prohibiting the economic
12    viability  of  the  development. In any proceeding before the
13    Board, the developer bears the burden of  demonstrating  that
14    he or she has been unfairly denied or unreasonable conditions
15    have   been  placed  upon  the  tentative  approval  for  the
16    application for an affordable housing development.
17        (d)  The Board shall dismiss any appeal if:
18             (i)  the local government has adopted an  affordable
19        housing  plan  as  defined  in Section 25 of this Act and
20        submitted that plan to the Illinois  Housing  Development
21        Authority within the time frame required by this Act; and
22             (ii)  the   local  government  has  implemented  its
23        affordable  housing  plan  and  has  met  its   goal   as
24        established  in its affordable housing plan as defined in
25        Section 25 of this Act.
26        (e)  The Board shall dismiss any appeal if the reason for
27    denying  the  application  or  placing  conditions  upon  the
28    approval is a  non-appealable  local  government  requirement
29    under Section 15 of this Act.
30        (f)  The   Board  may  affirm,  reverse,  or  modify  the
31    conditions of, or add conditions to, a decision made  by  the
32    approving authority. The decision of the Board constitutes an
33    order  directed  to the approving authority and is binding on
34    the local government.
 
                            -8-      LRB093 05848 MKM 16041 a
 1        (g)  The appellate court has the  exclusive  jurisdiction
 2    to review decisions of the Board.

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

27        Section 50.  Housing Appeals Board.
28        (a)  Prior to July 1, 2006, a Housing Appeals Board shall
29    be created consisting of 7 members appointed by the  Governor
30    as follows:
31             (1)  a  retired  circuit  judge or retired appellate
32        judge, who shall act as chairperson;
 
                            -9-      LRB093 05848 MKM 16041 a
 1             (2)  a zoning board of appeals member;
 2             (3)  a planning board member;
 3             (4)  a mayor or municipal council or board member;
 4             (5)  a county board member;
 5             (6)  an affordable housing developer; and
 6             (7)  an affordable housing advocate.
 7        In  addition,  the  Chairman  of  the  Illinois   Housing
 8    Development   Authority,   ex   officio,  shall  serve  as  a
 9    non-voting member. No more than 4 of  the  appointed  members
10    may  be  from  the  same political party.  Appointments under
11    items (2), (3), and (4) shall be from local governments  that
12    are not exempt under this Act.
13        (b)  Initial   terms  of  4  members  designated  by  the
14    Governor shall be for 2 years. Initial  terms  of  3  members
15    designated by the Governor shall be for one year. Thereafter,
16    members  shall  be  appointed  for terms of 2 years. A member
17    shall receive no compensation for his or  her  services,  but
18    shall  be reimbursed by the State for all reasonable expenses
19    actually and necessarily incurred in the performance  of  his
20    or  her  official  duties. The board shall hear all petitions
21    for review  filed  under  this  Act  and  shall  conduct  all
22    hearings   in  accordance  with  the  rules  and  regulations
23    established  by  the  chairperson.   The   Illinois   Housing
24    Development  Authority  shall  provide space and clerical and
25    other assistance that the Board may require.
26        (c)  The Illinois Housing Development Authority may adopt
27    such other rules and regulations as it  deems  necessary  and
28    appropriate  to  carry out the Board's responsibilities under
29    this Act and to provide direction to  local  governments  and
30    affordable housing developers.".