State of Illinois
2019 and 2020


Introduced , by Rep. Delia C. Ramirez


310 ILCS 10/8.10a new
310 ILCS 10/8.23
310 ILCS 10/17  from Ch. 67 1/2, par. 17
310 ILCS 10/25  from Ch. 67 1/2, par. 25
310 ILCS 10/25.01 new
310 ILCS 10/25.02 new

    Amends the Housing Authorities Act. Requires every housing authority to collect: (i) the number of applications submitted for admission to federally assisted housing; (ii) the number of applications submitted for admission to federally assisted housing by individuals with a criminal history record, if the authority is conducting criminal history records checks of applicants or other household members; (iii) the number of applications for admission to federally assisted housing that were denied on the basis of a criminal history record, if the housing authority is conducting criminal history records checks of applicants or other household members; and other matters. Requires the information to be submitted annually to the Illinois Criminal Justice Information Authority and to the General Assembly. Defines "criminal history record" and "criminal history report". Prohibits housing authorities from considering certain information when determining whether to rent or lease to an applicant for housing, including: (1) an arrest or detention; (2) criminal charges or indictments that do not result in a conviction; (3) a conviction that has been vacated, ordered, expunged, sealed, or impounded by a court; and other information. Requires housing authorities to create a system for the independent review of an applicant's criminal history in accordance with certain criteria. Sets forth when a housing authority may deny an application for housing because of the applicant's or another household member's criminal history record. Requires housing authorities to provide a housing applicant with written notice that details why the applicant was denied housing, including information on the applicant's right to an individualized criminal records assessment hearing regarding the authority's decision. Contains provisions on the criminal records assessment hearing process and other matters.

LRB101 19364 KTG 70412 b





HB5574LRB101 19364 KTG 70412 b

1    AN ACT concerning housing.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Housing Authorities Act is amended by
5changing Sections 17, 8.23, and 25 and by adding Sections
68.10a, 25.01, and 25.02 as follows:
7    (310 ILCS 10/8.10a new)
8    Sec. 8.10a. Criminal history record data.
9    (a) Every Authority organized under the provisions of this
10Act shall collect the following:
11        (1) the number of applications submitted for admission
12    to federally assisted housing;
13        (2) the number of applications submitted for admission
14    to federally assisted housing by individuals with a
15    criminal history record, if the Authority is conducting
16    criminal history records checks of applicants or other
17    household members;
18        (3) the number of applications for admission to
19    federally assisted housing that were denied on the basis of
20    a criminal history record, if the Authority is conducting
21    criminal history records checks of applicants or other
22    household members;
23        (4) the number of criminal records assessment hearings



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1    requested by applicants for housing who were denied
2    federally assisted housing on the basis of a criminal
3    history records check; and
4        (5) the number of denials for federally assisted
5    housing that were overturned after a criminal records
6    assessment hearing.
7    (b) The information required in this Section shall be
8disaggregated by the race, ethnicity, and sex of applicants for
9housing. This information shall be reported to the Illinois
10Criminal Justice Information Authority and shall be compiled
11and reported to the General Assembly annually by the Illinois
12Criminal Justice Information Authority. The Illinois Criminal
13Justice Information Authority shall also make this report
14publicly available, including on its website, without fee.
15    (310 ILCS 10/8.23)
16    Sec. 8.23. Notification to leaseholders of the prospective
17presence of individuals with a felony conviction felons in
18housing authority facilities; eviction.
19    (a) Immediately upon the receipt of the written
20notification, from the Department of Corrections under
21subsection (c) of Section 3-14-1 of the Unified Code of
22Corrections, that an individual with a felony conviction a
23felon intends to reside, upon release from custody, at an
24address that is a housing facility owned, managed, operated, or
25leased by the Authority, the Authority must provide written



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1notification to the leaseholder residing at that address.
2    (b) The Authority may not evict the leaseholder described
3in subsection (a) of this Section unless (i) federal law
4prohibits the individual with a felony conviction from residing
5at a housing facility owned, managed, operated, or leased by
6the Authority and (ii) the Authority proves by a preponderance
7of the evidence that the leaseholder had knowledge of and
8consents to the individual's felon's intent to reside at the
9leaseholder's address.
10(Source: P.A. 91-506, eff. 8-13-99.)
11    (310 ILCS 10/17)  (from Ch. 67 1/2, par. 17)
12    Sec. 17. Definitions. The following terms, wherever used or
13referred to in this Act shall have the following respective
14meanings, unless in any case a different meaning clearly
15appears from the context:
16    (a) "Authority" or "housing authority" shall mean a
17municipal corporation organized in accordance with the
18provisions of this Act for the purposes, with the powers and
19subject to the restrictions herein set forth.
20    (b) "Area" or "area of operation" shall mean: (1) in the
21case of an authority which is created hereunder for a city,
22village, or incorporated town, the area within the territorial
23boundaries of said city, village, or incorporated town, and so
24long as no county housing authority has jurisdiction therein,
25the area within three miles from such territorial boundaries,



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1except any part of such area located within the territorial
2boundaries of any other city, village, or incorporated town;
3and (2) in the case of a county shall include all of the county
4except the area of any city, village or incorporated town
5located therein in which there is an Authority. When an
6authority is created for a county subsequent to the creation of
7an authority for a city, village or incorporated town within
8the same county, the area of operation of the authority for
9such city, village or incorporated town shall thereafter be
10limited to the territory of such city, village or incorporated
11town, but the authority for such city, village or incorporated
12town may continue to operate any project developed in whole or
13in part in an area previously a part of its area of operation,
14or may contract with the county housing authority with respect
15to the sale, lease, development or administration of such
16project. When an authority is created for a city, village or
17incorporated town subsequent to the creation of a county
18housing authority which previously included such city, village
19or incorporated town within its area of operation, such county
20housing authority shall have no power to create any additional
21project within the city, village or incorporated town, but any
22existing project in the city, village or incorporated town
23currently owned and operated by the county housing authority
24shall remain in the ownership, operation, custody and control
25of the county housing authority.
26    (b-5) "Criminal history record" means a record of arrest,



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1complaint, indictment, or any disposition arising therefrom.
2    (b-6) "Criminal history report" means any written, oral, or
3other communication of information that includes criminal
4history record information about a natural person that is
5produced by a law enforcement agency, a court, a consumer
6reporting agency, or a housing screening agency or business.
7    (c) "Presiding officer" shall mean the presiding officer of
8the board of a county, or the mayor or president of a city,
9village or incorporated town, as the case may be, for which an
10Authority is created hereunder.
11    (d) "Commissioner" shall mean one of the members of an
12Authority appointed in accordance with the provisions of this
14    (e) "Government" shall include the State and Federal
15governments and the governments of any subdivisions, agency or
16instrumentality, corporate or otherwise, of either of them.
17    (f) "Department" shall mean the Department of Commerce and
18Economic Opportunity.
19    (g) "Project" shall include all lands, buildings, and
20improvements, acquired, owned, leased, managed or operated by a
21housing authority, and all buildings and improvements
22constructed, reconstructed or repaired by a housing authority,
23designed to provide housing accommodations and facilities
24appurtenant thereto (including community facilities and
25stores) which are planned as a unit, whether or not acquired or
26constructed at one time even though all or a portion of the



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1buildings are not contiguous or adjacent to one another; and
2the planning of buildings and improvements, the acquisition of
3property, the demolition of existing structures, the clearing
4of land, the construction, reconstruction, and repair of
5buildings or improvements and all other work in connection
6therewith. As provided in Sections 8.14 to 8.18, inclusive,
7"project" also means, for Housing Authorities for
8municipalities of less than 500,000 population and for
9counties, the conservation of urban areas in accordance with an
10approved conservation plan. "Project" shall also include (1)
11acquisition of (i) a slum or blighted area or a deteriorated or
12deteriorating area which is predominantly residential in
13character, or (ii) any other deteriorated or deteriorating area
14which is to be developed or redeveloped for predominantly
15residential uses, or (iii) platted urban or suburban land which
16is predominantly open and which because of obsolete platting,
17diversity of ownership, deterioration of structures or of site
18improvements, or otherwise substantially impairs or arrests
19the sound growth of the community and which is to be developed
20for predominantly residential uses, or (iv) open unplatted
21urban or suburban land necessary for sound community growth
22which is to be developed for predominantly residential uses, or
23(v) any other area where parcels of land remain undeveloped
24because of improper platting, delinquent taxes or special
25assessments, scattered or uncertain ownerships, clouds on
26title, artificial values due to excessive utility costs, or any



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1other impediments to the use of such area for predominantly
2residential uses; (2) installation, construction, or
3reconstruction of streets, utilities, and other site
4improvements essential to the preparation of sites for uses in
5accordance with the development or redevelopment plan; and (3)
6making the land available for development or redevelopment by
7private enterprise or public agencies (including sale, initial
8leasing, or retention by the local public agency itself). If in
9any city, village or incorporated town there exists a land
10clearance commission created under the "Blighted Areas
11Redevelopment Act of 1947" having the same area of operation as
12a housing authority created in and for any such municipality
13such housing authority shall have no power to acquire land of
14the character described in subparagraph (iii), (iv) or (v) of
15paragraph 1 of the definition of "project" for the purpose of
16development or redevelopment by private enterprise.
17    (h) "Community facilities" shall include lands, buildings,
18and equipment for recreation or social assembly, for education,
19health or welfare activities and other necessary utilities
20primarily for use and benefit of the occupants of housing
21accommodations to be constructed, reconstructed, repaired or
22operated hereunder.
23    (i) "Real property" shall include lands, lands under water,
24structures, and any and all easements, franchises and
25incorporeal hereditaments and estates, and rights, legal and
26equitable, including terms for years and liens by way of



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1judgment, mortgage or otherwise.
2    (j) The term "governing body" shall include the city
3council of any city, the president and board of trustees of any
4village or incorporated town, the council of any city or
5village, and the county board of any county.
6    (k) The phrase "individual, association, corporation or
7organization" shall include any individual, private
8corporation, limited or general partnership, limited liability
9company, insurance company, housing corporation, neighborhood
10redevelopment corporation, non-profit corporation,
11incorporated or unincorporated group or association,
12educational institution, hospital, or charitable organization,
13and any mutual ownership or cooperative organization.
14    (l) "Conservation area", for the purpose of the exercise of
15the powers granted in Sections 8.14 to 8.18, inclusive, for
16housing authorities for municipalities of less than 500,000
17population and for counties, means an area of not less than 2
18acres in which the structures in 50% or more of the area are
19residential having an average age of 35 years or more. Such an
20area is not yet a slum or blighted area as defined in the
21Blighted Areas Redevelopment Act of 1947, but such an area by
22reason of dilapidation, obsolescence, deterioration or illegal
23use of individual structures, overcrowding of structures and
24community facilities, conversion of residential units into
25non-residential use, deleterious land use or layout, decline of
26physical maintenance, lack of community planning, or any



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1combination of these factors may become a slum and blighted
3    (m) "Conservation plan" means the comprehensive program
4for the physical development and replanning of a "Conservation
5Area" as defined in paragraph (l) embodying the steps required
6to prevent such Conservation Area from becoming a slum and
7blighted area.
8    (n) "Fair use value" means the fair cash market value of
9real property when employed for the use contemplated by a
10"Conservation Plan" in municipalities of less than 500,000
11population and in counties.
12    (o) "Community facilities" means, in relation to a
13"Conservation Plan", those physical plants which implement,
14support and facilitate the activities, services and interests
15of education, recreation, shopping, health, welfare, religion
16and general culture.
17    (p) "Loan agreement" means any agreement pursuant to which
18an Authority agrees to loan the proceeds of its revenue bonds
19issued with respect to a multifamily rental housing project or
20other funds of the Authority to any person upon terms providing
21for loan repayment installments at least sufficient to pay when
22due all principal of, premium, if any, and interest on the
23revenue bonds of the Authority issued with respect to the
24multifamily rental housing project, and providing for
25maintenance, insurance, and other matters as may be deemed
26desirable by the Authority.



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1    (q) "Multifamily rental housing" means any rental project
2designed for mixed-income or low-income occupancy.
3(Source: P.A. 94-793, eff. 5-19-06; 95-887, eff. 8-22-08.)
4    (310 ILCS 10/25)   (from Ch. 67 1/2, par. 25)
5    Sec. 25. Rentals and tenant selection. In the operation or
6management of housing projects an Authority shall at all times
7observe the following duties with respect to rentals and tenant
9    (a) It shall not accept any person as a tenant in any
10dwelling in a housing project if the persons who would occupy
11the dwelling have an aggregate annual income which equals or
12exceeds the amount which the Authority determines (which
13determination shall be conclusive) to be necessary in order to
14enable such persons to secure safe, sanitary and uncongested
15dwelling accommodations within the area of operation of the
16Authority and to provide an adequate standard of living for
18    (b) It may rent or lease the dwelling accommodations
19therein only at rentals within the financial reach of persons
20who lack the amount of income which it determines (pursuant to
21(a) of this Section) to be necessary in order to obtain safe,
22sanitary and uncongested dwelling accommodations within the
23area of operation of the Authority and to provide an adequate
24standard of living.
25    (c) It may rent or lease to a tenant a dwelling consisting



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1of the number of rooms (but no greater number) which it deems
2necessary to provide safe and sanitary accommodations to the
3proposed occupants thereof, without overcrowding.
4    (d) It shall not change the residency preference of any
5prospective tenant once the application has been accepted by
6the authority.
7    (e) It may refuse to certify or recertify applicants,
8current tenants, or other household members if, after due
9notice and an impartial hearing, that person or any of the
10proposed occupants of the dwelling has, prior to or during a
11term of tenancy or occupancy in any housing project operated by
12an Authority, been convicted of a criminal offense relating to
13the sale or distribution of controlled substances under the
14laws of this State, the United States or any other state. If an
15Authority desires a criminal history records check of all 50
16states or a 50-state confirmation of a conviction record, the
17Authority shall submit the fingerprints of the relevant
18applicant, tenant, or other household member to the Department
19of State Police in a manner prescribed by the Department of
20State Police. These fingerprints shall be checked against the
21fingerprint records now and hereafter filed in the Department
22of State Police and Federal Bureau of Investigation criminal
23history records databases. The Department of State Police shall
24charge a fee for conducting the criminal history records check,
25which shall be deposited in the State Police Services Fund and
26shall not exceed the actual cost of the records check. The



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1Department of State Police shall furnish pursuant to positive
2identification, records of conviction to the Authority. An
3Authority that requests a criminal history report of an
4applicant or other household member shall inform the applicant
5at the time of the request that the applicant or other
6household member may provide additional mitigating information
7for consideration with the application for housing.
8    (e-5) Criminal history record assessment. The Authority
9shall use the following process when evaluating the criminal
10history report of an applicant or other household member to
11determine whether to rent or lease to the applicant:
12        (1) Unless required by federal law, the Authority shall
13    not consider the following information when determining
14    whether to rent or lease to an applicant for housing:
15            (A) an arrest or detention;
16            (B) criminal charges or indictments, and the
17        nature of any disposition arising therefrom, that do
18        not result in a conviction;
19            (C) a conviction that has been vacated, ordered,
20        expunged, sealed, or impounded by a court;
21            (D) matters under the jurisdiction of the Illinois
22        Juvenile Court;
23            (E) the amount of time since the applicant or other
24        household member completed his or her sentence in
25        prison or jail or was released from prison or jail; or
26            (F) convictions occurring more than 180 days prior



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1        to the date the applicant submitted his or her
2        application for housing.
3        (2) The Authority shall create a system for the
4    independent review of criminal history reports:
5            (A) the reviewer shall examine the applicant's or
6        other household member's criminal history report and
7        report only those records not prohibited under
8        paragraph (1) to the person or persons making the
9        decision about whether to offer housing to the
10        applicant; and
11            (B) the reviewer shall not participate in any final
12        decisions on an applicant's application for housing.
13        (3) The Authority may deny an applicant's application
14    for housing because of the applicant's or another household
15    member's criminal history record, only if the Authority:
16            (A) determines that the denial is required under
17        federal law; or
18            (B) determines that there is a direct relationship
19        between the applicant or the other household member's
20        criminal history record and a risk to the health,
21        safety, and peaceful enjoyment of fellow tenants. The
22        mere existence of a criminal history record does not
23        demonstrate such a risk.
24    (f) It may, if a tenant has created or maintained a threat
25constituting a serious and clear danger to the health or safety
26of other tenants or Authority employees, after 3 days' written



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1notice of termination and without a hearing, file suit against
2any such tenant for recovery of possession of the premises. The
3tenant shall be given the opportunity to contest the
4termination in the court proceedings. A serious and clear
5danger to the health or safety of other tenants or Authority
6employees shall include, but not be limited to, any of the
7following activities of the tenant or of any other person on
8the premises with the consent of the tenant:
9        (1) Physical assault or the threat of physical assault.
10        (2) Illegal use of a firearm or other weapon or the
11    threat to use in an illegal manner a firearm or other
12    weapon.
13        (3) Possession of a controlled substance by the tenant
14    or any other person on the premises with the consent of the
15    tenant if the tenant knew or should have known of the
16    possession by the other person of a controlled substance,
17    unless the controlled substance was obtained directly from
18    or pursuant to a valid prescription.
19        (4) Streetgang membership as defined in the Illinois
20    Streetgang Terrorism Omnibus Prevention Act.
21    The management of low-rent public housing projects
22financed and developed under the U.S. Housing Act of 1937 shall
23be in accordance with that Act.
24    Nothing contained in this Section or any other Section of
25this Act shall be construed as limiting the power of an
26Authority to vest in a bondholder or trustee the right, in the



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1event of a default by the Authority, to take possession and
2operate a housing project or cause the appointment of a
3receiver thereof, free from all restrictions imposed by this
4Section or any other Section of this Act.
5(Source: P.A. 93-418, eff. 1-1-04; 93-749, eff. 7-15-04.)
6    (310 ILCS 10/25.01 new)
7    Sec. 25.01. Notification. Before denying an applicant's
8housing application based, in whole or in part, on a criminal
9history record permitted under this Act, the Authority shall
10provide the opportunity for an individual assessment. The
11applicant for housing shall be provided with a clear, written
12notice that:
13        (1) explains why the Authority has determined that the
14    criminal history report it obtained requires further
15    review, including detailed information on whether the need
16    for further review is based on federal law or on the
17    Authority's determination that the criminal history record
18    of the applicant or other household member indicates a risk
19    to the health, safety, or peaceful enjoyment of housing for
20    other residents;
21        (2) identifies the specific conviction or convictions
22    upon which the Authority relied upon when making its
23    decision to deny the applicant's housing application;
24        (3) explains that the applicant has a right to an
25    individualized criminal records assessment hearing



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1    regarding the Authority's decision to deny the applicant's
2    housing application, as set forth in Section 25.02;
3        (4) provides clear instructions on what to expect
4    during an individualized criminal records assessment
5    hearing, as set forth in Section 25.02;
6        (5) explains that if the applicant chooses not to
7    participate in an individualized criminal records
8    assessment hearing, the applicant's application will be
9    denied; and
10        (6) provides a copy of the criminal history report the
11    Authority used to make its determination.
12    (310 ILCS 10/25.02 new)
13    Sec. 25.02. Criminal records assessment hearing.
14    (a) An applicant has the right to an individualized
15criminal records assessment hearing if the applicant's
16application for housing requires further review because of the
17applicant's or another household member's criminal history
18record. The individualized criminal records assessment hearing
19shall allow the applicant or other household member to:
20        (1) contest the accuracy of the criminal history
21    record;
22        (2) contest the relevance of the criminal history
23    record to the Authority's decision to deny the applicant's
24    application for housing; and
25        (3) provide mitigating evidence concerning the



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1    applicant's or other household member's criminal
2    conviction or evidence of rehabilitation.
3    (b) The Authority shall not rent or lease to any other
4person the available housing unit that is the subject of the
5applicant's individualized criminal records assessment hearing
6until after the Authority has issued a final ruling.
7    (c) The Authority shall adopt rules for criminal records
8assessment hearings in accordance with Article 10 of the
9Illinois Administrative Procedure Act.