(310 ILCS 10/25)
(from Ch. 67 1/2, par. 25)
Rentals and tenant selection.
In the operation or management
of housing projects an Authority
shall at all times observe the following duties with respect to rentals and
(a) It shall not accept any person as a tenant in any
dwelling in a housing project if the persons who would occupy the dwelling
have an aggregate annual income which equals or exceeds the amount which
the Authority determines (which determination shall be conclusive) to be
necessary in order to enable such persons to secure safe, sanitary and
uncongested dwelling accommodations within the area of operation of the
Authority and to provide an adequate standard of living for themselves.
(b) It may rent or lease the dwelling accommodations therein only at rentals
within the financial reach of persons who lack the amount of income which
it determines (pursuant to (a) of this Section) to be necessary in order to
obtain safe, sanitary and uncongested dwelling accommodations within the
area of operation of the Authority and to provide an adequate standard of
(c) It may rent or lease to a tenant a dwelling consisting of the
number of rooms (but no greater number) which it deems necessary to provide
safe and sanitary accommodations to the proposed occupants thereof, without
(d) It shall not change the residency preference of any prospective
tenant once the application has been accepted by the authority.
(e) It may refuse to certify or recertify applicants, current tenants, or
other household members if, after due notice
and an impartial hearing, that person or any of the proposed occupants of
the dwelling has, prior to or during a term of tenancy or occupancy in any
project operated by an Authority, been convicted of a criminal offense
relating to the sale or distribution of controlled
substances under the
laws of this State, the United States or any other state.
If an Authority desires a criminal history records check of all 50 states
or a 50-state confirmation of a conviction record, the Authority shall submit
the fingerprints of the relevant applicant, tenant, or other household member
to the Department of State Police in a manner prescribed by the Department of
State Police. These
fingerprints shall be checked against the fingerprint records now and hereafter
filed in the
Department of State Police and
Federal Bureau of Investigation criminal history records databases.
The Department of State Police shall charge a fee
for conducting the criminal history records check, which shall be deposited in
the State Police Services Fund and shall not exceed the actual cost of the
records check. The Department of State Police shall furnish pursuant to
positive identification, records of conviction to the Authority.
(f) It may, if a tenant has created or maintained a threat
constituting a serious and clear danger to the health or safety of other
tenants or Authority employees, after 3 days' written notice
of termination and without a hearing, file suit against any such tenant for
recovery of possession of the premises. The tenant shall be given the
opportunity to contest the termination in the court proceedings. A serious
and clear danger to the health or safety of other tenants or Authority
employees shall include, but not be limited to, any of the following
activities of the tenant or of any other person on the premises with the
consent of the tenant:
(1) Physical assault or the threat of physical
(2) Illegal use of a firearm or other weapon or the
threat to use in an illegal manner a firearm or other weapon.
(3) Possession of a controlled substance by the
tenant or any other person on the premises with the consent of the tenant if the tenant knew or should have known of the possession by the other person of a controlled substance, unless the controlled substance was obtained directly from or pursuant to a valid prescription.
(4) Streetgang membership as defined in the Illinois
Streetgang Terrorism Omnibus Prevention Act.
The management of low-rent public housing projects financed and developed
under the U.S. Housing Act of 1937 shall
be in accordance with that Act.
Nothing contained in this Section or any other Section of this Act shall
be construed as limiting the power of an Authority to vest in a bondholder
or trustee the right, in the event of a default by the Authority, to take
possession and operate a housing project or cause the appointment of a
receiver thereof, free from all restrictions imposed by this Section or any
other Section of this Act.
(Source: P.A. 93-418, eff. 1-1-04; 93-749, eff. 7-15-04.)