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Sen. Graciela Guzmán
Filed: 5/2/2025
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1 | | AMENDMENT TO HOUSE BILL 3616
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2 | | AMENDMENT NO. ______. Amend House Bill 3616 by replacing |
3 | | everything after the enacting clause with the following: |
4 | | "Section 5. The Affordable Housing Planning and Appeal Act |
5 | | is amended by changing Sections 5 and 20 as follows: |
6 | | (310 ILCS 67/5) |
7 | | Sec. 5. Findings. The legislature finds and declares that: |
8 | | (1) there exists a shortage of affordable, accessible, |
9 | | 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 | | . |
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1 | | (4) increasing the inventory and affordability of |
2 | | housing choices for people earning between 80% and 140% of |
3 | | the area median income, termed the missing middle, also |
4 | | helps preserve affordable housing, prevents homelessness, |
5 | | and encourages investment in more inclusive, mixed-income |
6 | | communities throughout the State; and |
7 | | (5) studying the inventory and affordability gaps that |
8 | | affect the missing middle is also crucial to ensuring |
9 | | workforce and retirement housing in the State. |
10 | | (Source: P.A. 93-595, eff. 1-1-04.) |
11 | | (310 ILCS 67/20) |
12 | | Sec. 20. Determination of exempt local governments. |
13 | | (a) Beginning October 1, 2004, the Illinois Housing |
14 | | Development Authority shall determine which local governments |
15 | | are exempt and not exempt from the operation of this Act based |
16 | | on an identification of the total number of year-round housing |
17 | | units in the most recent data from the U.S. Census Bureau for |
18 | | each local government within the State and by an inventory of |
19 | | owner-occupied and rental affordable housing units, as defined |
20 | | in this Act, for each local government from the U.S. Census |
21 | | Bureau and other relevant sources. |
22 | | (b) The Illinois Housing Development Authority shall make |
23 | | this determination by: |
24 | | (i) totaling the number of owner-occupied housing |
25 | | units in each local government that are affordable to |
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1 | | households with a gross household income that is less than |
2 | | 80% of the median household income within the county or |
3 | | primary metropolitan statistical area; |
4 | | (ii) totaling the number of rental units in each local |
5 | | government that are affordable to households with a gross |
6 | | household income that is less than 60% of the median |
7 | | household income within the county or primary metropolitan |
8 | | statistical area; |
9 | | (iii) adding the number of owner-occupied and rental |
10 | | units for each local government from items (i) and (ii); |
11 | | and |
12 | | (iv) dividing the sum of (iii) above by the total |
13 | | number of year-round housing units in the local government |
14 | | as contained in the latest U.S. Census Bureau and |
15 | | multiplying the result by 100 to determine the percentage |
16 | | of affordable housing units within the jurisdiction of the |
17 | | local government. |
18 | | (c) Beginning on the effective date of this amendatory Act |
19 | | of the 98th General Assembly, the Illinois Housing Development |
20 | | Authority shall publish a list of exempt and non-exempt local |
21 | | governments and the data that it used to calculate its |
22 | | determination at least once every 5 years. The data shall be |
23 | | shown for each local government in the State and for the State |
24 | | as a whole. Upon publishing a list of exempt and non-exempt |
25 | | local governments, the Illinois Housing Development Authority |
26 | | shall notify a local government that it is not exempt from the |
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1 | | operation of this Act and provide to it the data used to |
2 | | calculate its determination. |
3 | | (d) A local government or developer of affordable housing |
4 | | may appeal the determination of the Illinois Housing |
5 | | Development Authority as to whether the local government is |
6 | | exempt or non-exempt under this Act in connection with an |
7 | | appeal under Section 30 of this Act. |
8 | | (e) Additionally, the Illinois Housing Development |
9 | | Authority shall make the following calculations: |
10 | | (i) totaling the number of owner-occupied housing |
11 | | units in each local government that are affordable to |
12 | | households with a gross household income that is at or |
13 | | below 30% of the median household income within the county |
14 | | or primary metropolitan statistical area; |
15 | | (ii) totaling the number of rental units in each local |
16 | | government that are affordable to households with a gross |
17 | | household income that is at or below 30% of the median |
18 | | household income within the county or primary metropolitan |
19 | | statistical area; |
20 | | (iii) adding the number of owner-occupied and rental |
21 | | units for each local government from items (i) and (ii); |
22 | | (iv) dividing the sum of (iii) above by the total |
23 | | number of year-round housing units in the local government |
24 | | as contained in the latest U.S. Census Bureau and |
25 | | multiplying the result by 100 to determine the percentage |
26 | | of extremely low-income affordable housing units within |
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1 | | the jurisdiction of the local government; |
2 | | (v) totaling the number of owner-occupied housing |
3 | | units in each local government that are affordable to |
4 | | households with a gross household income that is between |
5 | | 80% and 140% of the median household income within the |
6 | | county or primary metropolitan statistical area; |
7 | | (vi) totaling the number of rental units in each local |
8 | | government that are affordable to households with a gross |
9 | | household income that is between 60% and 80% of the median |
10 | | household income within the county or primary metropolitan |
11 | | statistical area; |
12 | | (vii) totaling the number of rental units in each |
13 | | local government that are affordable to households with a |
14 | | gross household income that is between 80% and 140% of the |
15 | | median household income within the county or primary |
16 | | metropolitan statistical area; |
17 | | (viii) adding the number of owner-occupied and rental |
18 | | units for each local government from items (v), (vi), and |
19 | | (vii); and |
20 | | (ix) dividing the sum of (viii) above by the total |
21 | | number of year-round housing units in the local government |
22 | | as contained in the latest U.S. Census Bureau and |
23 | | multiplying the result by 100 to determine the percentage |
24 | | of affordable middle housing units within the jurisdiction |
25 | | of the local government. |
26 | | (f) Beginning on the effective date of this amendatory Act |
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1 | | of the 104th General Assembly, the Illinois Housing |
2 | | Development Authority shall publish the data collected under |
3 | | paragraphs (i) through (ix) of subsection (e). The data shall |
4 | | be shown for each local government in the State and for the |
5 | | State as a whole and shall be published at least once every 5 |
6 | | years. The Illinois Housing Development Authority shall also |
7 | | compile the collected data into a report and submit the report |
8 | | to the General Assembly. |
9 | | (g) The data collected under subsection (e) shall be for |
10 | | informational purposes only and shall not factor into the |
11 | | determination of exempt local governments. |
12 | | (Source: P.A. 98-287, eff. 8-9-13.)". |