Illinois General Assembly - Full Text of HB0490
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Full Text of HB0490  94th General Assembly

HB0490 94TH GENERAL ASSEMBLY


 


 
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0490

 

Introduced 1/27/2005, by Rep. Linda Chapa LaVia

 

SYNOPSIS AS INTRODUCED:
 
New Act
30 ILCS 105/5.640 new
55 ILCS 5/3-5018   from Ch. 34, par. 3-5018
55 ILCS 5/4-12002  from Ch. 34, par. 4-12002

    Creates Rental Housing Support Program Act. Creates Illinois Housing Development Authority with powers and duties, such as: make grants to non-profit organizations designated by municipalities; grants to be distributed according to a formula based on U.S. Census data to 20 designated areas the State; make grants for long-term operating support for affordable rental housing; limits eligibility for tenancy in units supported by grants to those households with income that is 30% or below of the area's median family income. Makes other provisions. Amends the State Finance Act by adding the Rental Housing Support Program Fund. Amends the Counties Code to provide that recorders shall collect a $10 Rental Housing Support Program surcharge for recording any real estate-related document. Allocates from each $10 surcharge, $1 to county's general revenue fund and $9 to the Department of Revenue for deposit in the Rental Housing Support Program Fund. Effective July 1, 2005.


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A BILL FOR

 

HB0490 LRB094 07023 AJO 37162 b

1     AN ACT concerning local government.
 
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 Rental Housing Support Program Act.
 
6     Section 5. Legislative findings and purpose. The General
7 Assembly finds that in many parts of this State, large numbers
8 of citizens are faced with the inability to secure affordable
9 rental housing. Due to either insufficient wages or a shortage
10 of affordable rental housing stock, or both, many families have
11 difficulty securing decent housing, are subjected to
12 overcrowding, pay too large a portion of their total monthly
13 income for housing and consequently suffer the lack of other
14 basic needs, live in substandard or unhealthy housing, or
15 experience chronic housing instability. Instability and
16 inadequacy in housing limits the employability and
17 productivity of many citizens, adversely affects family health
18 and stress levels, impedes children's ability to learn, and
19 produces corresponding drains on public resources. It is the
20 purpose of this Act to create a State program to help
21 localities address the need for decent, affordable, permanent
22 rental housing.
 
23     Section 7. Definitions. In this Act:
24     "Authority" means the Illinois Housing Development
25 Authority.
26     "Developer" means any entity that receives a grant under
27 Section 20.
28     "Program" means the Rental Housing Support Program.
29     "Real estate-related document" means any recorded document
30 that affects an interest in real property excluding documents
31 which solely affect or relate to an easement for water, sewer,

 

 

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1 electricity, gas, telephone or other public service.
2     "Unit" means a rental apartment unit receiving a subsidy by
3 means of a grant under this Act. "Unit" does not include
4 housing units intended as transitional or temporary housing.
 
5     Section 10. Creation of Program and distribution of funds.
6     (a) The Rental Housing Support Program is created within
7 the Illinois Housing Development Authority. The Authority
8 shall administer the program and adopt rules for its
9 implementation.
10     (b) The Authority shall distribute amounts appropriated
11 for the Program from the Rental Housing Support Program Fund
12 and any other appropriations provided for the Program as
13 follows:
14         (1) A proportionate share of the annual appropriation,
15     as determined under subsection (d) of Section 15 of this
16     Act shall be distributed to municipalities with a
17     population greater than 2,000,000. Those municipalities
18     shall use at least 10% of those funds in accordance with
19     Section 20 of this Act, and all provisions governing the
20     Authority's actions under Section 20 shall govern the
21     actions of the corporate authorities of a municipality
22     under this Section. As to the balance of the annual
23     distribution, the municipality shall designate a
24     non-profit organization that meets the specific criteria
25     set forth in Section 25 of this Act to serve as the "local
26     administering agency" under Section 15 of this Act.
27         (2) Of the remaining appropriation after the
28     distribution in paragraph (1) of this subsection, the
29     Authority shall designate at least 10% for the purposes of
30     Section 20 of this Act in areas of the State not covered
31     under paragraph (1) of this subsection.
32         (3) The remaining appropriation after the
33     distributions in paragraphs (1) and (2) of this subsection
34     shall be distributed according to Section 15 of this Act in
35     areas of the State not covered under paragraph (1) of this

 

 

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1     subsection.
 
2     Section 15. Grants to local administering agencies.
3     (a) Under the program, the Authority shall make grants to
4 local administering agencies to provide subsidies to landlords
5 to enable the landlords to charge rent affordable for
6 low-income tenants. Grants shall also include an amount for the
7 operating expenses of local administering agencies. Operating
8 expenses for local administering agencies shall not exceed 10%
9 for grants under $500,000 and shall not exceed 7% for grants
10 over $500,000.
11     (b) The Authority shall develop a request-for-proposals
12 process for soliciting proposals from local administering
13 agencies and for awarding grants. The request-for-proposals
14 process and the funded projects must be consistent with the
15 criteria set forth in Section 25 and with additional criteria
16 set forth by the Authority in rules implementing this Act.
17     (c) Local administering agencies may be local governmental
18 bodies, local housing authorities, or not-for-profit
19 organizations. The Authority shall set forth in rules the
20 financial and capacity requirements necessary for an
21 organization to qualify as a local administering agency and the
22 parameters for administration of the grants by local
23 administering agencies.
24     (d) The Authority shall distribute grants to local
25 administering agencies according to a formula based on U.S.
26 Census data. The formula shall determine percentages of the
27 funds to be distributed to the following geographic areas: (i)
28 Chicago; (ii) suburban areas: Cook County (excluding Chicago),
29 DuPage County, Lake County, Kane County, Will County, and
30 McHenry County; (iii) small metropolitan areas: Springfield,
31 Rockford, Peoria, Decatur, Champaign-Urbana,
32 Bloomington-Normal, Rock Island, DeKalb, Madison County,
33 Moline, Pekin, Rantoul, and St. Clair County; and (iv) rural
34 areas, defined as all areas of the State not specifically named
35 in items (i), (ii), and (iii) of this subsection. A geographic

 

 

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1 area's percentage share shall be determined by the total number
2 of households that have an annual income of less than 50% of
3 State median income for a household of 4 and that are paying
4 more than 30% of their income for rent. The geographic
5 distribution shall be re-determined by the Authority each time
6 new U.S. Census data becomes available. The Authority shall
7 phase in any changes to the geographic formula to prevent a
8 large withdrawal of resources from one area that could
9 negatively impact households receiving rental housing support.
10     (e) In order to ensure applications from all geographic
11 areas of the State, the Authority shall create a plan to ensure
12 that potential local administering agencies have ample time and
13 support to consider making an application and to prepare an
14 application. Such a plan must include, but is not limited to:
15 an outreach and education plan regarding the program and the
16 requirements for a local administering agency; ample time
17 between the initial notice of funding ability and the deadline
18 to submit an application, which shall not be less than 9
19 months; and access to assistance from the Authority or another
20 agency in considering and preparing the application.
21     (f) In order to maintain consistency for households
22 receiving rental housing support, the Authority shall, to the
23 extent possible given funding resources available in the Rental
24 Housing Support Program, continue to fund local administering
25 agencies at the same level on an annual basis, unless the
26 Authority determines that a local administering agency is not
27 meeting the criteria set forth in Section 25 or is not adhering
28 to other standards set forth by rule by the Authority.
 
29     Section 20. Grants for affordable housing developments.
30     (a) The Authority may award grants under the program
31 directly for the development of affordable rental housing for
32 long-term operating support to enable the rent on such units to
33 be affordable. Developers of such new housing shall apply
34 directly to the Authority for this type of grant under the
35 program.

 

 

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1     (b) The Authority shall prescribe by rule the application
2 requirements and the qualifications necessary for a developer
3 and a development to qualify for a grant under the program. In
4 any event, however, to qualify for a grant, the development
5 must satisfy the criteria set forth in Section 25, unless
6 waived by the Authority based on special circumstances and in
7 furtherance of the purpose of the program to increase the
8 supply of affordable rental housing.
9     (c) The Authority must use at least 10% of the funds
10 generated for the Program in any given year for grants under
11 this Section. In any given year, the Authority is not required
12 to spend the 10% of its funds that accrues in that year but may
13 add all or part of that 10% to the 10% allocation for
14 subsequent years for the purpose of funding grants under this
15 Section.
 
16     Section 25. Criteria for awarding grants. The Authority
17 shall adopt rules to govern the awarding of grants and the
18 continuing eligibility for grants under Sections 15 and 20.
19 Requests for proposals under Section 20 must specify that
20 proposals must satisfy these rules. The rules must contain and
21 be consistent with, but need not be limited to, the following
22 criteria:
23         (1) Eligibility for tenancy in the units supported by
24     grants to local administering agencies must be limited to
25     households with gross income at or below 30% of the median
26     family income for the area in which the grant will be made.
27     Fifty percent of the units that are supported by any grant
28     must be set aside for households whose income is at or
29     below 15% of the area median family income for the area in
30     which the grant will be made, provided that local
31     administering agencies may negotiate flexibility in this
32     set-aside with the Authority if they demonstrate that they
33     have been unable to locate sufficient tenants in this lower
34     income range. Income eligibility for units supported by
35     grants to local administering agencies must be verified

 

 

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1     annually by landlords and submitted to local administering
2     agencies. Tenants must have sufficient income to be able to
3     afford the tenant's share of the rent. For grants awarded
4     under Section 20, eligibility for tenancy in units
5     supported by grants must be limited to households with a
6     gross income at or below 30% of area median family income
7     for the area in which the grant will be made. Fifty percent
8     of the units that are supported by any grant must be set
9     aside for households whose income is at or below 15% of the
10     median family income for the area in which the grant will
11     be made, provided that developers may negotiate
12     flexibility in this set-aside with the Authority or
13     municipality as defined in subsection (b) of Section 10 if
14     it demonstrates that it has been unable to locate
15     sufficient tenants in this lower income range. The
16     Authority shall determine what sources qualify as a
17     tenant's income.
18         (2) Local administering agencies must include
19     2-bedroom, 3-bedroom, and 4-bedroom units among those
20     intended to be supported by grants under the program. In
21     grants under Section 15, the precise number of these units
22     among all the units intended to be supported by a grant
23     must be based on need in the community for larger units and
24     other factors that the Authority specifies in rules. The
25     local administering agency must specify the basis for the
26     numbers of these units that are proposed for support under
27     a grant. Local administering agencies must make a good
28     faith effort to comply with this allocation of unit sizes.
29     In grants awarded under Section 20, developers and the
30     Authority or municipality, as defined in subsection (b) of
31     Section 10, shall negotiate the numbers and sizes of units
32     to be built in a project and supported by the grant.
33         (3) Under grants awarded under Section 15, local
34     administering agencies must enter into a payment contract
35     with the landlord that defines the method of payment and
36     must pay subsidies to landlords on a quarterly basis and in

 

 

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1     advance of the quarter paid for.
2         (4) Local administering agencies and developers must
3     specify how vacancies in units supported by a grant must be
4     advertised and they must include provisions for outreach to
5     local homeless shelters, organizations that work with
6     people with disabilities, and others interested in
7     affordable housing.
8         (5) The local administering agency or developer must
9     establish a schedule for the tenant's rental obligation for
10     units supported by a grant. The tenant's share of the rent
11     must be a flat amount, calculated annually, based on the
12     size of the unit and the household's income category. In
13     establishing the schedule for the tenant's rental
14     obligation, the local administering agency or developer
15     must use 30% of gross income within an income range as a
16     guide, and it may charge an additional or lesser amount.
17         (6) The amount of the subsidy provided under a grant
18     for a unit must be the difference between the amount of the
19     tenant's obligation and the total amount of rent for the
20     unit. The total amount of rent for the unit must be
21     negotiated between the local administering authority and
22     the landlord under Section 15, or between the Authority or
23     municipality, as defined in subsection (b) of Section 10,
24     and the developer under Section 20, using comparable rents
25     for units of comparable size and condition in the
26     surrounding community as a guideline.
27         (7) Local administering agencies and developers,
28     pursuant to criteria the Authority develops in rules, must
29     ensure that there are procedures in place to maintain the
30     safety and habitability of units supported under grants.
31     Local administering agencies must inspect units before
32     supporting them under a grant awarded under Section 15.
33         (8) Local administering agencies must provide or
34     ensure that tenants are provided with a "bill of rights"
35     with their lease setting forth local landlord-tenant laws
36     and procedures and contact information for the local

 

 

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1     administering agency.
2         (9) A local administering agency must create a plan
3     detailing a process for helping to provide information,
4     when necessary, on how to access education, training, and
5     other supportive services to tenants living in units
6     supported under the grant. The plan must be submitted as a
7     part of the administering agency's proposal to the
8     Authority required under Section 15.
9         (10) Local administering agencies and developers may
10     not use funding under the grant to develop or support
11     housing that requires that a tenant has a particular
12     diagnosis or type or presence of disability as a condition
13     of eligibility for occupancy unless the requirement is
14     mandated by another funding source for the housing.
15         (11) In order to plan for periodic fluctuations in
16     program revenue, the Authority shall establish by rule a
17     mechanism for establishing a reserve fund and the level of
18     funding that shall be held in reserve either by the
19     Authority or by local administering agencies.
 
20     Section 85. The State Finance Act is amended by adding
21 Section 5.640 as follows:
 
22     (30 ILCS 105/5.640 new)
23     Sec. 5.640. The Rental Housing Support Program Fund.
 
24     Section 90. The Counties Code is amended by changing
25 Sections 3-5018 and 4-12002 as follows:
 
26     (55 ILCS 5/3-5018)  (from Ch. 34, par. 3-5018)
27     Sec. 3-5018. Fees. The recorder elected as provided for in
28 this Division shall receive such fees as are or may be provided
29 for him by law, in case of provision therefor: otherwise he
30 shall receive the same fees as are or may be provided in this
31 Section, except when increased by county ordinance pursuant to
32 the provisions of this Section, to be paid to the county clerk

 

 

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1 for his services in the office of recorder for like services.
2     For recording deeds or other instruments $12 for the first
3 4 pages thereof, plus $1 for each additional page thereof, plus
4 $1 for each additional document number therein noted. The
5 aggregate minimum fee for recording any one instrument shall
6 not be less than $12.
7     For recording deeds or other instruments wherein the
8 premises affected thereby are referred to by document number
9 and not by legal description a fee of $1 in addition to that
10 hereinabove referred to for each document number therein noted.
11     For recording assignments of mortgages, leases or liens $12
12 for the first 4 pages thereof, plus $1 for each additional page
13 thereof. However, except for leases and liens pertaining to
14 oil, gas and other minerals, whenever a mortgage, lease or lien
15 assignment assigns more than one mortgage, lease or lien
16 document, a $7 fee shall be charged for the recording of each
17 such mortgage, lease or lien document after the first one.
18     For recording maps or plats of additions or subdivisions
19 approved by the county or municipality (including the spreading
20 of the same of record in map case or other proper books) or
21 plats of condominiums $50 for the first page, plus $1 for each
22 additional page thereof except that in the case of recording a
23 single page, legal size 8 1/2 x 14, plat of survey in which
24 there are no more than two lots or parcels of land, the fee
25 shall be $12. In each county where such maps or plats are to be
26 recorded, the recorder may require the same to be accompanied
27 by such number of exact, true and legible copies thereof as the
28 recorder deems necessary for the efficient conduct and
29 operation of his office.
30     For certified copies of records the same fees as for
31 recording, but in no case shall the fee for a certified copy of
32 a map or plat of an addition, subdivision or otherwise exceed
33 $10.
34     Each certificate of such recorder of the recording of the
35 deed or other writing and of the date of recording the same
36 signed by such recorder, shall be sufficient evidence of the

 

 

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1 recording thereof, and such certificate including the indexing
2 of record, shall be furnished upon the payment of the fee for
3 recording the instrument, and no additional fee shall be
4 allowed for the certificate or indexing.
5     The recorder shall charge an additional fee, in an amount
6 equal to the fee otherwise provided by law, for recording a
7 document (other than a document filed under the Plat Act or the
8 Uniform Commercial Code) that does not conform to the following
9 standards:
10         (1) The document shall consist of one or more
11     individual sheets measuring 8.5 inches by 11 inches, not
12     permanently bound and not a continuous form. Graphic
13     displays accompanying a document to be recorded that
14     measure up to 11 inches by 17 inches shall be recorded
15     without charging an additional fee.
16         (2) The document shall be legibly printed in black ink,
17     by hand, type, or computer. Signatures and dates may be in
18     contrasting colors if they will reproduce clearly.
19         (3) The document shall be on white paper of not less
20     than 20-pound weight and shall have a clean margin of at
21     least one-half inch on the top, the bottom, and each side.
22     Margins may be used for non-essential notations that will
23     not affect the validity of the document, including but not
24     limited to form numbers, page numbers, and customer
25     notations.
26         (4) The first page of the document shall contain a
27     blank space, measuring at least 3 inches by 5 inches, from
28     the upper right corner.
29         (5) The document shall not have any attachment stapled
30     or otherwise affixed to any page.
31 A document that does not conform to these standards shall not
32 be recorded except upon payment of the additional fee required
33 under this paragraph. This paragraph, as amended by this
34 amendatory Act of 1995, applies only to documents dated after
35 the effective date of this amendatory Act of 1995.
36     The county board of any county may provide for an

 

 

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1 additional charge of $3 for filing every instrument, paper, or
2 notice for record, (1) in order to defray the cost of
3 converting the county recorder's document storage system to
4 computers or micrographics and (2) in order to defray the cost
5 of providing access to records through the global information
6 system known as the Internet.
7     A special fund shall be set up by the treasurer of the
8 county and such funds collected pursuant to Public Act 83-1321
9 shall be used (1) for a document storage system to provide the
10 equipment, materials and necessary expenses incurred to help
11 defray the costs of implementing and maintaining such a
12 document records system and (2) for a system to provide
13 electronic access to those records.
14     The county board of any county that provides and maintains
15 a countywide map through a Geographic Information System (GIS)
16 may provide for an additional charge of $3 for filing every
17 instrument, paper, or notice for record (1) in order to defray
18 the cost of implementing or maintaining the county's Geographic
19 Information System and (2) in order to defray the cost of
20 providing electronic access to the county's Geographic
21 Information System records. Of that amount, $2 must be
22 deposited into a special fund set up by the treasurer of the
23 county, and any moneys collected pursuant to this amendatory
24 Act of the 91st General Assembly and deposited into that fund
25 must be used solely for the equipment, materials, and necessary
26 expenses incurred in implementing and maintaining a Geographic
27 Information System and in order to defray the cost of providing
28 electronic access to the county's Geographic Information
29 System records. The remaining $1 must be deposited into the
30 recorder's special funds created under Section 3-5005.4. The
31 recorder may, in his or her discretion, use moneys in the funds
32 created under Section 3-5005.4 to defray the cost of
33 implementing or maintaining the county's Geographic
34 Information System and to defray the cost of providing
35 electronic access to the county's Geographic Information
36 System records.

 

 

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1     The recorder shall collect a $10 Rental Housing Support
2 Program State surcharge for the recordation of any real
3 estate-related document. Payment of the Rental Housing Support
4 Program State surcharge shall be evidenced by a receipt that
5 shall be marked upon or otherwise affixed to the real
6 estate-related document by the recorder. The form of this
7 receipt shall be prescribed by the Department of Revenue and
8 the receipts shall be issued by the Department of Revenue to
9 each county recorder.
10     One dollar of each surcharge shall be retained by the
11 county in which it was collected. This dollar shall be
12 deposited in the county's general revenue fund. This dollar
13 shall be used as needed to defray the administrative costs
14 incurred by the county recorder in collecting the Rental
15 Housing Support Program State surcharge.
16     On the 15th day of each month, each county recorder shall
17 report to the Department of Revenue, on a form prescribed by
18 the Department, the number of real estate-related documents
19 recorded for which the Rental Housing Support Program State
20 surcharge was collected. Each recorder shall submit $9 of each
21 surcharge collected in the preceding month to the Department of
22 Revenue and the Department shall deposit these amounts in the
23 Rental Housing Support Program Fund. Subject to appropriation,
24 amounts in the Fund may be expended only for the purpose of
25 funding and administering the Rental Housing Support Program.
26     For purposes of this Section, "real estate-related
27 document" means that term as it is defined in Section 7 of the
28 Rental Housing Support Program Act.
29     The foregoing fees allowed by this Section are the maximum
30 fees that may be collected from any officer, agency, department
31 or other instrumentality of the State. The county board may,
32 however, by ordinance, increase the fees allowed by this
33 Section and collect such increased fees from all persons and
34 entities other than officers, agencies, departments and other
35 instrumentalities of the State if the increase is justified by
36 an acceptable cost study showing that the fees allowed by this

 

 

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1 Section are not sufficient to cover the cost of providing the
2 service. Regardless of any other provision in this Section, the
3 maximum fee that may be collected from the Department of
4 Revenue for filing or indexing a lien, certificate of lien
5 release or subordination, or any other type of notice or other
6 documentation affecting or concerning a lien is $5. Regardless
7 of any other provision in this Section, the maximum fee that
8 may be collected from the Department of Revenue for indexing
9 each additional name in excess of one for any lien, certificate
10 of lien release or subordination, or any other type of notice
11 or other documentation affecting or concerning a lien is $1.
12     A statement of the costs of providing each service, program
13 and activity shall be prepared by the county board. All
14 supporting documents shall be public record and subject to
15 public examination and audit. All direct and indirect costs, as
16 defined in the United States Office of Management and Budget
17 Circular A-87, may be included in the determination of the
18 costs of each service, program and activity.
19 (Source: P.A. 92-16, eff. 6-28-01; 92-492, eff. 1-1-02; 93-256,
20 eff. 7-22-03.)
 
21     (55 ILCS 5/4-12002)   (from Ch. 34, par. 4-12002)
22     Sec. 4-12002. Fees of recorder in third class counties. The
23 fees of the recorder in counties of the third class for
24 recording deeds or other instruments in writing and maps of
25 plats of additions, subdivisions or otherwise, and for
26 certifying copies of records, shall be paid in advance and
27 shall be as follows:
28     For recording deeds or other instruments $20 for the first
29 2 pages thereof, plus $2 for each additional page thereof. The
30 aggregate minimum fee for recording any one instrument shall
31 not be less than $20.
32     For recording deeds or other instruments wherein the
33 premises affected thereby are referred to by document number
34 and not by legal description the recorder shall charge a fee of
35 $4 in addition to that hereinabove referred to for each

 

 

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1 document number therein noted.
2     For recording deeds or other instruments wherein more than
3 one tract, parcel or lot is described and such additional
4 tract, or tracts, parcel or parcels, lot or lots is or are
5 described therein as falling in a separate or different
6 addition or subdivision the recorder shall charge as an
7 additional fee, to that herein provided, the sum of $2 for each
8 additional addition or subdivision referred to in such deed or
9 instrument.
10     For recording maps or plats of additions, subdivisions or
11 otherwise (including the spreading of the same of record in
12 well bound books) $100 plus $2 for each tract, parcel or lot
13 contained therein.
14     For certified copies of records the same fees as for
15 recording, but in no case shall the fee for a certified copy of
16 a map or plat of an addition, subdivision or otherwise exceed
17 $200.
18     For non-certified copies of records, an amount not to
19 exceed one half of the amount provided herein for certified
20 copies, according to a standard scale of fees, established by
21 county ordinance and made public.
22     For filing of each release of any chattel mortgage or trust
23 deed which has been filed but not recorded and for indexing the
24 same in the book to be kept for that purpose $10.
25     For processing the sworn or affirmed statement required for
26 filing a deed or assignment of a beneficial interest in a land
27 trust in accordance with Section 3-5020 of this Code, $2.
28     The recorder shall charge an additional fee, in an amount
29 equal to the fee otherwise provided by law, for recording a
30 document (other than a document filed under the Plat Act or the
31 Uniform Commercial Code) that does not conform to the following
32 standards:
33         (1) The document shall consist of one or more
34     individual sheets measuring 8.5 inches by 11 inches, not
35     permanently bound and not a continuous form. Graphic
36     displays accompanying a document to be recorded that

 

 

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1     measure up to 11 inches by 17 inches shall be recorded
2     without charging an additional fee.
3         (2) The document shall be legibly printed in black ink,
4     by hand, type, or computer. Signatures and dates may be in
5     contrasting colors if they will reproduce clearly.
6         (3) The document shall be on white paper of not less
7     than 20-pound weight and shall have a clean margin of at
8     least one-half inch on the top, the bottom, and each side.
9     Margins may be used only for non-essential notations that
10     will not affect the validity of the document, including but
11     not limited to form numbers, page numbers, and customer
12     notations.
13         (4) The first page of the document shall contain a
14     blank space, measuring at least 3 inches by 5 inches, from
15     the upper right corner.
16         (5) The document shall not have any attachment stapled
17     or otherwise affixed to any page.
18 A document that does not conform to these standards shall not
19 be recorded except upon payment of the additional fee required
20 under this paragraph. This paragraph, as amended by this
21 amendatory Act of 1995, applies only to documents dated after
22 the effective date of this amendatory Act of 1995.
23     The recorder shall collect a $10 Rental Housing Support
24 Program State surcharge for the recordation of any real
25 estate-related document. Payment of the Rental Housing Support
26 Program State surcharge shall be evidenced by a receipt that
27 shall be marked upon or otherwise affixed to the real
28 estate-related document by the recorder. The form of this
29 receipt shall be prescribed by the Department of Revenue and
30 the receipts shall be issued by the Department of Revenue to
31 each county recorder.
32     One dollar of each surcharge shall be retained by the
33 county in which it was collected. This dollar shall be
34 deposited in the county's general revenue fund. This dollar
35 shall be used as needed to defray the administrative costs
36 incurred by the county recorder in collecting the Rental

 

 

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1 Housing Support Program State surcharge.
2     On the 15th day of each month, each county recorder shall
3 report to the Department of Revenue, on a form prescribed by
4 the Department, the number of real estate-related documents
5 recorded for which the Rental Housing Support Program State
6 surcharge was collected. Each recorder shall submit $9 of each
7 surcharge collected in the preceding month to the Department of
8 Revenue and the Department shall deposit these amounts in the
9 Rental Housing Support Program Fund. Subject to appropriation,
10 amounts in the Fund may be expended only for the purpose of
11 funding and administering the Rental Housing Support Program.
12     For purposes of this Section, "real estate-related
13 document" means that term as it is defined in Section 7 of the
14 Rental Housing Support Program Act.
15     The fee requirements of this Section apply to units of
16 local government and school districts.
17     Regardless of any other provision in this Section, the
18 maximum fee that may be collected from the Department of
19 Revenue for filing or indexing a lien, certificate of lien
20 release or subordination, or any other type of notice or other
21 documentation affecting or concerning a lien is $5. Regardless
22 of any other provision in this Section, the maximum fee that
23 may be collected from the Department of Revenue for indexing
24 each additional name in excess of one for any lien, certificate
25 of lien release or subordination, or any other type of notice
26 or other documentation affecting or concerning a lien is $1.
27 (Source: P.A. 92-492, eff. 1-1-02; 93-671, eff. 6-1-04.)
 
28     Section 99. Effective date. This Act takes effect July 1,
29 2005.