Public Act 093-0749
 
SB2921 Enrolled LRB093 21040 DRJ 47058 b

    AN ACT concerning housing.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Housing Authorities Act is amended by
changing Section 25 as follows:
 
    (310 ILCS 10/25)   (from Ch. 67 1/2, par. 25)
    Sec. 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 tenant
selection:
    (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 living.
    (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 overcrowding.
    (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 renew the tenancy
of any person 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
housing 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. Confirmation of
conviction data shall be determined by a fingerprint based
criminal history records check. In such cases, the tenant or
proposed occupant to whom the disqualifying conviction record
belongs shall have his or her fingerprints submitted to the
Department of State Police in the form and 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 assault.
        (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.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/15/2004