Public Act 093-0678
 
SB2724 Enrolled LRB093 19551 AMC 45291 b

    AN ACT concerning housing.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Affordable Housing Planning and Appeal Act
is amended by changing Sections 15, 20, and 25 as follows:
 
    (310 ILCS 67/15)
    Sec. 15. Definitions. As used in this Act:
    "Affordable housing" means housing that has a sales price
or rental amount that is within the means of a household that
may occupy moderate-income or low-income housing. In the case
of dwelling units for sale, housing that is affordable means
housing in which mortgage, amortization, taxes, insurance, and
condominium or association fees, if any, constitute no more
than 30% of the gross annual household income for a household
of the size that may occupy the unit. In the case of dwelling
units for rent, housing that is affordable means housing for
which the rent and utilities constitute no more than 30% of the
gross annual household income for a household of the size that
may occupy the unit.
    "Affordable housing developer" means a nonprofit entity,
limited equity cooperative or public agency, or private
individual, firm, corporation, or other entity seeking to build
an affordable housing development.
    "Affordable housing development" means (i) any housing
that is subsidized by the federal or State government or (ii)
any housing in which at least 20% of the dwelling units are
subject to covenants or restrictions that require that the
dwelling units be sold or rented at prices that preserve them
as affordable housing for a period of at least 15 years, in the
case of for-sale housing, and at least 30 years, in the case of
rental housing.
    "Approving authority" means the governing body of the
county or municipality.
    "Area median household income" means the median household
income adjusted for family size for applicable income limit
areas as determined annually by the federal Department of
Housing and Urban Development under Section 8 of the United
States Housing Act of 1937.
    "Development" means any building, construction,
renovation, or excavation or any material change in the use or
appearance of any structure or in the land itself; the division
of land into parcels; or any change in the intensity or use of
land, such as an increase in the number of dwelling units in a
structure or a change to a commercial use.
    "Exempt local government" means any local government in
which at least 10% of its total year-round housing units are
affordable, as determined by the Illinois Housing Development
Authority pursuant to Section 20 of this Act; or any
municipality under 1,000 population.
    "Household" means the person or persons occupying a
dwelling unit.
    "Local government" means a county or municipality.
    "Low-income housing" means housing that is affordable,
according to the federal Department of Housing and Urban
Development, for either home ownership or rental, and that is
occupied, reserved, or marketed for occupancy by households
with a gross household income that does not exceed 50% of the
area median gross household income for households of the same
size within the county in which the housing is located.
    "Moderate-income housing" means housing that is
affordable, according to the federal Department of Housing and
Urban Development, for either home ownership or rental, and
that is occupied, reserved, or marketed for occupancy by
households with a gross household income that is greater than
50% but does not exceed 80% of the area median gross household
income for households of the same size within the county in
which the housing is located.
    "Non-appealable local government requirements" means all
essential requirements that protect the public health and
safety, including any local building, electrical, fire, or
plumbing code requirements or those requirements that are
critical to the protection or preservation of the environment.
(Source: P.A. 93-595, eff. 1-1-04.)
 
    (310 ILCS 67/20)
    Sec. 20. Determination of exempt local governments.
    (a) Beginning October 1, 2004 January 1, 2006, the Illinois
Housing Development Authority shall determine which local
governments are exempt and not exempt from the operation of
this Act based on an identification of the total number of
year-round housing units in the most recent decennial census
for each local government within the State and by an inventory
of for-sale and rental affordable housing units, as defined in
this Act, for each local government from the decennial census
and other relevant sources.
    (b) The Illinois Housing Development Authority shall make
this determination by:
        (i) totaling the number of for-sale housing units in
    each local government that are affordable to households
    with a gross household income that is less than 80% of the
    median household income within the county or primary
    metropolitan statistical area;
        (ii) totaling the number of rental units in each local
    government that are affordable to households with a gross
    household income that is less than 60% of the median
    household income within the county or primary metropolitan
    statistical area;
        (iii) adding the number of for-sale and rental units
    for each local government from items (i) and (ii); and
        (iv) dividing the sum of (iii) above by the total
    number of year-round housing units in the local government
    as contained in the latest decennial census and multiplying
    the result by 100 to determine the percentage of affordable
    housing units within the jurisdiction of the local
    government.
    (c) Beginning October 1, 2004 January 1, 2006, the Illinois
Housing Development Authority shall publish on an annual basis
a list of exempt and non-exempt local governments and the data
that it used to calculate its determination. The data shall be
shown for each local government in the State and for the State
as a whole. Upon publishing a list of exempt and non-exempt
local governments, the Illinois Housing Development Authority
shall notify a local government that it is not exempt from the
operation of this Act and provide to it the data used to
calculate its determination.
    (d) A local government or developer of affordable housing
may appeal the determination of the Illinois Housing
Development Authority as to whether the local government is
exempt or non-exempt under this Act in connection with an
appeal under Section 30 of this Act.
(Source: P.A. 93-595, eff. 1-1-04.)
 
    (310 ILCS 67/25)
    Sec. 25. Affordable housing plan.
    (a) Prior to April 1, 2005 July 1, 2004, all non-exempt
local governments must approve an affordable housing plan.
    (b) For the purposes of this Act, the affordable housing
plan shall consist of at least the following:
        (i) a statement of the total number of affordable
    housing units that are necessary to exempt the local
    government from the operation of this Act as defined in
    Section 15 and Section 20;
        (ii) an identification of lands within the
    jurisdiction that are most appropriate for the
    construction of affordable housing and of existing
    structures most appropriate for conversion to, or
    rehabilitation for, affordable housing, including a
    consideration of lands and structures of developers who
    have expressed a commitment to provide affordable housing
    and lands and structures that are publicly or semi-publicly
    owned;
        (iii) incentives that local governments may provide
    for the purpose of attracting affordable housing to their
    jurisdiction; and
        (iv) a goal of a minimum of 15% of all new development
    or redevelopment within the local government that would be
    defined as affordable housing in this Act; or a minimum of
    a 3 percentage point increase in the overall percentage of
    affordable housing within its jurisdiction, as described
    in subsection (b) of defined in Section 20 of this Act; or
    a minimum of a total of 10% of affordable housing within
    its jurisdiction as described in subsection (b) of Section
    20 of this Act.
    (c) Within 60 days after the adoption of an affordable
housing plan or revisions to its affordable housing plan, the
local government must submit a copy of that plan to the
Illinois Housing Development Authority.
(Source: P.A. 93-595, eff. 1-1-04.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 6/28/2004