SB1980 EnrolledLRB101 09593 AWJ 54691 b

1    AN ACT concerning local government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
Article 1.

5    Section 1-5. The Property Tax Code is amended by changing
6Sections 21-295, 21-310, 21-355 as follows:
7    (35 ILCS 200/21-295)
8    Sec. 21-295. Creation of indemnity fund.
9    (a) In counties of less than 3,000,000 inhabitants, each
10person purchasing any property at a sale under this Code shall
11pay to the County Collector, prior to the issuance of any
12certificate of purchase, an indemnity fee set by the county
13collector of not more than $20 for each item purchased. A like
14sum shall be paid for each year that all or a portion of
15subsequent taxes are paid by the tax purchaser and posted to
16the tax judgment, sale, redemption and forfeiture record where
17the underlying certificate of purchase is recorded.
18    (a-5) In counties of 3,000,000 or more inhabitants, each
19person purchasing property at a sale under this Code shall pay
20to the County Collector a nonrefundable fee of $80 for each
21item purchased plus an additional sum equal to 5% of taxes,
22interest, and penalties paid by the purchaser, including the



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1taxes, interest, and penalties paid under Section 21-240. In
2these counties, the certificate holder shall also pay to the
3County Collector a fee of $80 for each year that all or a
4portion of subsequent taxes are paid by the tax purchaser and
5posted to the tax judgment, sale, redemption, and forfeiture
6record, plus an additional sum equal to 5% of all subsequent
7taxes, interest, and penalties. The additional 5% fees are not
8required after December 31, 2006. The changes to this
9subsection made by this amendatory Act of the 91st General
10Assembly are not a new enactment, but declaratory of existing
12    (b) The amount paid prior to issuance of the certificate of
13purchase pursuant to subsection (a) or (a-5) shall be included
14in the purchase price of the property in the certificate of
15purchase and all amounts paid under this Section shall be
16included in the amount required to redeem under Section 21-355,
17except for the nonrefundable $80 fee for each item purchased at
18the tax sale as provided in this Section. Except as otherwise
19provided in subsection (b) of Section 21-300, all money
20received under subsection (a) or (a-5) shall be paid by the
21Collector to the County Treasurer of the County in which the
22land is situated, for the purpose of an indemnity fund. The
23County Treasurer, as trustee of that fund, shall invest all of
24that fund, principal and income, in his or her hands from time
25to time, if not immediately required for payments of
26indemnities under subsection (a) of Section 21-305, in



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1investments permitted by the Illinois State Board of Investment
2under Article 22A of the Illinois Pension Code. The county
3collector shall report annually to the county clerk on the
4condition and income of the fund. The indemnity fund shall be
5held to satisfy judgments obtained against the County
6Treasurer, as trustee of the fund. No payment shall be made
7from the fund, except upon a judgment of the court which
8ordered the issuance of a tax deed.
9(Source: P.A. 100-1070, eff. 1-1-19.)
10    (35 ILCS 200/21-310)
11    Sec. 21-310. Sales in error.
12    (a) When, upon application of the county collector, the
13owner of the certificate of purchase, or a municipality which
14owns or has owned the property ordered sold, it appears to the
15satisfaction of the court which ordered the property sold that
16any of the following subsections are applicable, the court
17shall declare the sale to be a sale in error:
18        (1) the property was not subject to taxation, or all or
19    any part of the lien of taxes sold has become null and void
20    pursuant to Section 21-95 or unenforceable pursuant to
21    subsection (c) of Section 18-250 or subsection (b) of
22    Section 22-40,
23        (2) the taxes or special assessments had been paid
24    prior to the sale of the property,
25        (3) there is a double assessment,



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1        (4) the description is void for uncertainty,
2        (5) the assessor, chief county assessment officer,
3    board of review, board of appeals, or other county official
4    has made an error (other than an error of judgment as to
5    the value of any property),
6        (5.5) the owner of the homestead property had tendered
7    timely and full payment to the county collector that the
8    owner reasonably believed was due and owing on the
9    homestead property, and the county collector did not apply
10    the payment to the homestead property; provided that this
11    provision applies only to homeowners, not their agents or
12    third-party payors,
13        (6) prior to the tax sale a voluntary or involuntary
14    petition has been filed by or against the legal or
15    beneficial owner of the property requesting relief under
16    the provisions of 11 U.S.C. Chapter 7, 11, 12, or 13,
17        (7) the property is owned by the United States, the
18    State of Illinois, a municipality, or a taxing district, or
19        (8) the owner of the property is a reservist or
20    guardsperson who is granted an extension of his or her due
21    date under Sections 21-15, 21-20, and 21-25 of this Act.
22    (b) When, upon application of the owner of the certificate
23of purchase only, it appears to the satisfaction of the court
24which ordered the property sold that any of the following
25subsections are applicable, the court shall declare the sale to
26be a sale in error:



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1        (1) A voluntary or involuntary petition under the
2    provisions of 11 U.S.C. Chapter 7, 11, 12, or 13 has been
3    filed subsequent to the tax sale and prior to the issuance
4    of the tax deed.
5        (2) The improvements upon the property sold have been
6    substantially destroyed or rendered uninhabitable or
7    otherwise unfit for occupancy subsequent to the tax sale
8    and prior to the issuance of the tax deed; however, if the
9    court declares a sale in error under this paragraph (2),
10    the court may order the holder of the certificate of
11    purchase to assign the certificate to the county collector
12    if requested by the county collector. The county collector
13    may, upon request of the county, as trustee, or upon
14    request of a taxing district having an interest in the
15    taxes sold, further assign any certificate of purchase
16    received pursuant to this paragraph (2) to the county
17    acting as trustee for taxing districts pursuant to Section
18    21-90 of this Code or to the taxing district having an
19    interest in the taxes sold.
20        (3) There is an interest held by the United States in
21    the property sold which could not be extinguished by the
22    tax deed.
23        (4) The real property contains a hazardous substance,
24    hazardous waste, or underground storage tank that would
25    require cleanup or other removal under any federal, State,
26    or local law, ordinance, or regulation, only if the tax



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1    purchaser purchased the property without actual knowledge
2    of the hazardous substance, hazardous waste, or
3    underground storage tank. This paragraph (4) applies only
4    if the owner of the certificate of purchase has made
5    application for a sale in error at any time before the
6    issuance of a tax deed. If the court declares a sale in
7    error under this paragraph (4), the court may order the
8    holder of the certificate of purchase to assign the
9    certificate to the county collector if requested by the
10    county collector. The county collector may, upon request of
11    the county, as trustee, or upon request of a taxing
12    district having an interest in the taxes sold, further
13    assign any certificate of purchase received pursuant to
14    this paragraph (4) to the county acting as trustee for
15    taxing districts pursuant to Section 21-90 of this Code or
16    to the taxing district having an interest in the taxes
17    sold.
18    Whenever a court declares a sale in error under this
19subsection (b), the court shall promptly notify the county
20collector in writing. Every such declaration pursuant to any
21provision of this subsection (b) shall be made within the
22proceeding in which the tax sale was authorized.
23    (c) When the county collector discovers, prior to the
24expiration of the period of redemption, that a tax sale should
25not have occurred for one or more of the reasons set forth in
26subdivision (a)(1), (a)(2), (a)(6), or (a)(7) of this Section,



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1the county collector shall notify the last known owner of the
2certificate of purchase by certified and regular mail, or other
3means reasonably calculated to provide actual notice, that the
4county collector intends to declare an administrative sale in
5error and of the reasons therefor, including documentation
6sufficient to establish the reason why the sale should not have
7occurred. The owner of the certificate of purchase may object
8in writing within 28 days after the date of the mailing by the
9county collector. If an objection is filed, the county
10collector shall not administratively declare a sale in error,
11but may apply to the circuit court for a sale in error as
12provided in subsection (a) of this Section. Thirty days
13following the receipt of notice by the last known owner of the
14certificate of purchase, or within a reasonable time
15thereafter, the county collector shall make a written
16declaration, based upon clear and convincing evidence, that the
17taxes were sold in error and shall deliver a copy thereof to
18the county clerk within 30 days after the date the declaration
19is made for entry in the tax judgment, sale, redemption, and
20forfeiture record pursuant to subsection (d) of this Section.
21The county collector shall promptly notify the last known owner
22of the certificate of purchase of the declaration by regular
23mail and shall promptly pay the amount of the tax sale,
24together with interest and costs as provided in Section 21-315,
25upon surrender of the original certificate of purchase.
26    (d) If a sale is declared to be a sale in error, the county



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1clerk shall make entry in the tax judgment, sale, redemption
2and forfeiture record, that the property was erroneously sold,
3and the county collector shall, on demand of the owner of the
4certificate of purchase, refund the amount paid, except for the
5nonrefundable $80 fee paid, pursuant to Section 21-295, for
6each item purchased at the tax sale, pay any interest and costs
7as may be ordered under Sections 21-315 through 21-335, and
8cancel the certificate so far as it relates to the property.
9The county collector shall deduct from the accounts of the
10appropriate taxing bodies their pro rata amounts paid.
11Alternatively, for sales in error declared under subsection
12(b)(2) or (b)(4), the county collector may request the circuit
13court to direct the county clerk to record any assignment of
14the tax certificate to or from the county collector without
15charging a fee for the assignment. The owner of the certificate
16of purchase shall receive all statutory refunds and payments.
17The county collector shall deduct costs and payments in the
18same manner as if a sale in error had occurred.
19(Source: P.A. 100-890, eff. 1-1-19; 101-379, eff. 1-1-20.)
20    (35 ILCS 200/21-355)
21    Sec. 21-355. Amount of redemption. Any person desiring to
22redeem shall deposit an amount specified in this Section with
23the county clerk of the county in which the property is
24situated, in legal money of the United States, or by cashier's
25check, certified check, post office money order or money order



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1issued by a financial institution insured by an agency or
2instrumentality of the United States, payable to the county
3clerk of the proper county. The deposit shall be deemed timely
4only if actually received in person at the county clerk's
5office prior to the close of business as defined in Section
63-2007 of the Counties Code on or before the expiration of the
7period of redemption or by United States mail with a post
8office cancellation mark dated not less than one day prior to
9the expiration of the period of redemption. The deposit shall
10be in an amount equal to the total of the following:
11        (a) the certificate amount, which shall include all tax
12    principal, special assessments, interest and penalties
13    paid by the tax purchaser together with costs and fees of
14    sale and fees paid under Sections 21-295 and 21-315 through
15    21-335, except for the nonrefundable $80 fee paid, pursuant
16    to Section 21-295, for each item purchased at the tax sale;
17        (b) the accrued penalty, computed through the date of
18    redemption as a percentage of the certificate amount, as
19    follows:
20            (1) if the redemption occurs on or before the
21        expiration of 6 months from the date of sale, the
22        certificate amount times the penalty bid at sale;
23            (2) if the redemption occurs after 6 months from
24        the date of sale, and on or before the expiration of 12
25        months from the date of sale, the certificate amount
26        times 2 times the penalty bid at sale;



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1            (3) if the redemption occurs after 12 months from
2        the date of sale and on or before the expiration of 18
3        months from the date of sale, the certificate amount
4        times 3 times the penalty bid at sale;
5            (4) if the redemption occurs after 18 months from
6        the date of sale and on or before the expiration of 24
7        months from the date of sale, the certificate amount
8        times 4 times the penalty bid at sale;
9            (5) if the redemption occurs after 24 months from
10        the date of sale and on or before the expiration of 30
11        months from the date of sale, the certificate amount
12        times 5 times the penalty bid at sale;
13            (6) if the redemption occurs after 30 months from
14        the date of sale and on or before the expiration of 36
15        months from the date of sale, the certificate amount
16        times 6 times the penalty bid at sale.
17            In the event that the property to be redeemed has
18        been purchased under Section 21-405, the penalty bid
19        shall be 12% per penalty period as set forth in
20        subparagraphs (1) through (6) of this subsection (b).
21        The changes to this subdivision (b)(6) made by this
22        amendatory Act of the 91st General Assembly are not a
23        new enactment, but declaratory of existing law.
24        (c) The total of all taxes, special assessments,
25    accrued interest on those taxes and special assessments and
26    costs charged in connection with the payment of those taxes



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1    or special assessments, except for the nonrefundable $80
2    fee paid, pursuant to Section 21-295, for each item
3    purchased at the tax sale, which have been paid by the tax
4    certificate holder on or after the date those taxes or
5    special assessments became delinquent together with 12%
6    penalty on each amount so paid for each year or portion
7    thereof intervening between the date of that payment and
8    the date of redemption. In counties with less than
9    3,000,000 inhabitants, however, a tax certificate holder
10    may not pay all or part of an installment of a subsequent
11    tax or special assessment for any year, nor shall any
12    tender of such a payment be accepted, until after the
13    second or final installment of the subsequent tax or
14    special assessment has become delinquent or until after the
15    holder of the certificate of purchase has filed a petition
16    for a tax deed under Section 22.30. The person redeeming
17    shall also pay the amount of interest charged on the
18    subsequent tax or special assessment and paid as a penalty
19    by the tax certificate holder. This amendatory Act of 1995
20    applies to tax years beginning with the 1995 taxes, payable
21    in 1996, and thereafter.
22        (d) Any amount paid to redeem a forfeiture occurring
23    subsequent to the tax sale together with 12% penalty
24    thereon for each year or portion thereof intervening
25    between the date of the forfeiture redemption and the date
26    of redemption from the sale.



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1        (e) Any amount paid by the certificate holder for
2    redemption of a subsequently occurring tax sale.
3        (f) All fees paid to the county clerk under Section
4    22-5.
5        (g) All fees paid to the registrar of titles incident
6    to registering the tax certificate in compliance with the
7    Registered Titles (Torrens) Act.
8        (h) All fees paid to the circuit clerk and the sheriff,
9    a licensed or registered private detective, or the coroner
10    in connection with the filing of the petition for tax deed
11    and service of notices under Sections 22-15 through 22-30
12    and 22-40 in addition to (1) a fee of $35 if a petition for
13    tax deed has been filed, which fee shall be posted to the
14    tax judgement, sale, redemption, and forfeiture record, to
15    be paid to the purchaser or his or her assignee; (2) a fee
16    of $4 if a notice under Section 22-5 has been filed, which
17    fee shall be posted to the tax judgment, sale, redemption,
18    and forfeiture record, to be paid to the purchaser or his
19    or her assignee; (3) all costs paid to record a lis pendens
20    notice in connection with filing a petition under this
21    Code; and (4) if a petition for tax deed has been filed,
22    all fees up to $150 per redemption paid to a registered or
23    licensed title insurance company or title insurance agent
24    for a title search to identify all owners, parties
25    interested, and occupants of the property, to be paid to
26    the purchaser or his or her assignee. The fees in (1) and



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1    (2) of this paragraph (h) shall be exempt from the posting
2    requirements of Section 21-360. The costs incurred in
3    causing notices to be served by a licensed or registered
4    private detective under Section 22-15, may not exceed the
5    amount that the sheriff would be authorized by law to
6    charge if those notices had been served by the sheriff.
7        (i) All fees paid for publication of notice of the tax
8    sale in accordance with Section 22-20.
9        (j) All sums paid to any county, city, village or
10    incorporated town for reimbursement under Section 22-35.
11        (k) All costs and expenses of receivership under
12    Section 21-410, to the extent that these costs and expenses
13    exceed any income from the property in question, if the
14    costs and expenditures have been approved by the court
15    appointing the receiver and a certified copy of the order
16    or approval is filed and posted by the certificate holder
17    with the county clerk. Only actual costs expended may be
18    posted on the tax judgment, sale, redemption and forfeiture
19    record.
20(Source: P.A. 98-1162, eff. 6-1-15.)
Article 5.

22    Section 5-5. The Housing Authorities Act is amended by
23changing Sections 8.23, 17, and 25 and by adding Sections
248.10a, 25.01, and 25.02 as follows:



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1    (310 ILCS 10/8.10a new)
2    Sec. 8.10a. Criminal history record data.
3    (a) Every Authority organized under the provisions of this
4Act shall collect the following:
5        (1) the number of applications submitted for admission
6    to federally assisted housing;
7        (2) the number of applications submitted for admission
8    to federally assisted housing by individuals with a
9    criminal history record, if the Authority is conducting
10    criminal history records checks of applicants or other
11    household members;
12        (3) the number of applications for admission to
13    federally assisted housing that were denied on the basis of
14    a criminal history record, if the Authority is conducting
15    criminal history records checks of applicants or other
16    household members;
17        (4) the number of criminal records assessment hearings
18    requested by applicants for housing who were denied
19    federally assisted housing on the basis of a criminal
20    history records check; and
21        (5) the number of denials for federally assisted
22    housing that were overturned after a criminal records
23    assessment hearing.
24    (b) The information required in this Section shall be
25disaggregated by the race, ethnicity, and sex of applicants for



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1housing. This information shall be reported to the Illinois
2Criminal Justice Information Authority and shall be compiled
3and reported to the General Assembly annually by the Illinois
4Criminal Justice Information Authority. The Illinois Criminal
5Justice Information Authority shall also make this report
6publicly available, including on its website, without fee.
7    (310 ILCS 10/8.23)
8    Sec. 8.23. Notification to leaseholders of the prospective
9presence of individuals with a felony conviction felons in
10housing authority facilities; eviction.
11    (a) Immediately upon the receipt of the written
12notification, from the Department of Corrections under
13subsection (c) of Section 3-14-1 of the Unified Code of
14Corrections, that an individual with a felony conviction a
15felon intends to reside, upon release from custody, at an
16address that is a housing facility owned, managed, operated, or
17leased by the Authority, the Authority must provide written
18notification to the leaseholder residing at that address.
19    (b) The Authority may not evict the leaseholder described
20in subsection (a) of this Section unless (i) federal law
21prohibits the individual with a felony conviction from residing
22at a housing facility owned, managed, operated, or leased by
23the Authority and (ii) the Authority proves by a preponderance
24of the evidence that the leaseholder had knowledge of and
25consents to the individual's felon's intent to reside at the



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1leaseholder's address.
2(Source: P.A. 91-506, eff. 8-13-99.)
3    (310 ILCS 10/17)  (from Ch. 67 1/2, par. 17)
4    Sec. 17. Definitions. The following terms, wherever used or
5referred to in this Act shall have the following respective
6meanings, unless in any case a different meaning clearly
7appears from the context:
8    (a) "Authority" or "housing authority" shall mean a
9municipal corporation organized in accordance with the
10provisions of this Act for the purposes, with the powers and
11subject to the restrictions herein set forth.
12    (b) "Area" or "area of operation" shall mean: (1) in the
13case of an authority which is created hereunder for a city,
14village, or incorporated town, the area within the territorial
15boundaries of said city, village, or incorporated town, and so
16long as no county housing authority has jurisdiction therein,
17the area within three miles from such territorial boundaries,
18except any part of such area located within the territorial
19boundaries of any other city, village, or incorporated town;
20and (2) in the case of a county shall include all of the county
21except the area of any city, village or incorporated town
22located therein in which there is an Authority. When an
23authority is created for a county subsequent to the creation of
24an authority for a city, village or incorporated town within
25the same county, the area of operation of the authority for



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1such city, village or incorporated town shall thereafter be
2limited to the territory of such city, village or incorporated
3town, but the authority for such city, village or incorporated
4town may continue to operate any project developed in whole or
5in part in an area previously a part of its area of operation,
6or may contract with the county housing authority with respect
7to the sale, lease, development or administration of such
8project. When an authority is created for a city, village or
9incorporated town subsequent to the creation of a county
10housing authority which previously included such city, village
11or incorporated town within its area of operation, such county
12housing authority shall have no power to create any additional
13project within the city, village or incorporated town, but any
14existing project in the city, village or incorporated town
15currently owned and operated by the county housing authority
16shall remain in the ownership, operation, custody and control
17of the county housing authority.
18    (b-5) "Criminal history record" means a record of arrest,
19complaint, indictment, or any disposition arising therefrom.
20    (b-6) "Criminal history report" means any written, oral, or
21other communication of information that includes criminal
22history record information about a natural person that is
23produced by a law enforcement agency, a court, a consumer
24reporting agency, or a housing screening agency or business.
25    (c) "Presiding officer" shall mean the presiding officer of
26the board of a county, or the mayor or president of a city,



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1village or incorporated town, as the case may be, for which an
2Authority is created hereunder.
3    (d) "Commissioner" shall mean one of the members of an
4Authority appointed in accordance with the provisions of this
6    (e) "Government" shall include the State and Federal
7governments and the governments of any subdivisions, agency or
8instrumentality, corporate or otherwise, of either of them.
9    (f) "Department" shall mean the Department of Commerce and
10Economic Opportunity.
11    (g) "Project" shall include all lands, buildings, and
12improvements, acquired, owned, leased, managed or operated by a
13housing authority, and all buildings and improvements
14constructed, reconstructed or repaired by a housing authority,
15designed to provide housing accommodations and facilities
16appurtenant thereto (including community facilities and
17stores) which are planned as a unit, whether or not acquired or
18constructed at one time even though all or a portion of the
19buildings are not contiguous or adjacent to one another; and
20the planning of buildings and improvements, the acquisition of
21property, the demolition of existing structures, the clearing
22of land, the construction, reconstruction, and repair of
23buildings or improvements and all other work in connection
24therewith. As provided in Sections 8.14 to 8.18, inclusive,
25"project" also means, for Housing Authorities for
26municipalities of less than 500,000 population and for



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1counties, the conservation of urban areas in accordance with an
2approved conservation plan. "Project" shall also include (1)
3acquisition of (i) a slum or blighted area or a deteriorated or
4deteriorating area which is predominantly residential in
5character, or (ii) any other deteriorated or deteriorating area
6which is to be developed or redeveloped for predominantly
7residential uses, or (iii) platted urban or suburban land which
8is predominantly open and which because of obsolete platting,
9diversity of ownership, deterioration of structures or of site
10improvements, or otherwise substantially impairs or arrests
11the sound growth of the community and which is to be developed
12for predominantly residential uses, or (iv) open unplatted
13urban or suburban land necessary for sound community growth
14which is to be developed for predominantly residential uses, or
15(v) any other area where parcels of land remain undeveloped
16because of improper platting, delinquent taxes or special
17assessments, scattered or uncertain ownerships, clouds on
18title, artificial values due to excessive utility costs, or any
19other impediments to the use of such area for predominantly
20residential uses; (2) installation, construction, or
21reconstruction of streets, utilities, and other site
22improvements essential to the preparation of sites for uses in
23accordance with the development or redevelopment plan; and (3)
24making the land available for development or redevelopment by
25private enterprise or public agencies (including sale, initial
26leasing, or retention by the local public agency itself). If in



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1any city, village or incorporated town there exists a land
2clearance commission created under the "Blighted Areas
3Redevelopment Act of 1947" having the same area of operation as
4a housing authority created in and for any such municipality
5such housing authority shall have no power to acquire land of
6the character described in subparagraph (iii), (iv) or (v) of
7paragraph 1 of the definition of "project" for the purpose of
8development or redevelopment by private enterprise.
9    (h) "Community facilities" shall include lands, buildings,
10and equipment for recreation or social assembly, for education,
11health or welfare activities and other necessary utilities
12primarily for use and benefit of the occupants of housing
13accommodations to be constructed, reconstructed, repaired or
14operated hereunder.
15    (i) "Real property" shall include lands, lands under water,
16structures, and any and all easements, franchises and
17incorporeal hereditaments and estates, and rights, legal and
18equitable, including terms for years and liens by way of
19judgment, mortgage or otherwise.
20    (j) The term "governing body" shall include the city
21council of any city, the president and board of trustees of any
22village or incorporated town, the council of any city or
23village, and the county board of any county.
24    (k) The phrase "individual, association, corporation or
25organization" shall include any individual, private
26corporation, limited or general partnership, limited liability



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1company, insurance company, housing corporation, neighborhood
2redevelopment corporation, non-profit corporation,
3incorporated or unincorporated group or association,
4educational institution, hospital, or charitable organization,
5and any mutual ownership or cooperative organization.
6    (l) "Conservation area", for the purpose of the exercise of
7the powers granted in Sections 8.14 to 8.18, inclusive, for
8housing authorities for municipalities of less than 500,000
9population and for counties, means an area of not less than 2
10acres in which the structures in 50% or more of the area are
11residential having an average age of 35 years or more. Such an
12area is not yet a slum or blighted area as defined in the
13Blighted Areas Redevelopment Act of 1947, but such an area by
14reason of dilapidation, obsolescence, deterioration or illegal
15use of individual structures, overcrowding of structures and
16community facilities, conversion of residential units into
17non-residential use, deleterious land use or layout, decline of
18physical maintenance, lack of community planning, or any
19combination of these factors may become a slum and blighted
21    (m) "Conservation plan" means the comprehensive program
22for the physical development and replanning of a "Conservation
23Area" as defined in paragraph (l) embodying the steps required
24to prevent such Conservation Area from becoming a slum and
25blighted area.
26    (n) "Fair use value" means the fair cash market value of



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1real property when employed for the use contemplated by a
2"Conservation Plan" in municipalities of less than 500,000
3population and in counties.
4    (o) "Community facilities" means, in relation to a
5"Conservation Plan", those physical plants which implement,
6support and facilitate the activities, services and interests
7of education, recreation, shopping, health, welfare, religion
8and general culture.
9    (p) "Loan agreement" means any agreement pursuant to which
10an Authority agrees to loan the proceeds of its revenue bonds
11issued with respect to a multifamily rental housing project or
12other funds of the Authority to any person upon terms providing
13for loan repayment installments at least sufficient to pay when
14due all principal of, premium, if any, and interest on the
15revenue bonds of the Authority issued with respect to the
16multifamily rental housing project, and providing for
17maintenance, insurance, and other matters as may be deemed
18desirable by the Authority.
19    (q) "Multifamily rental housing" means any rental project
20designed for mixed-income or low-income occupancy.
21(Source: P.A. 94-793, eff. 5-19-06; 95-887, eff. 8-22-08.)
22    (310 ILCS 10/25)   (from Ch. 67 1/2, par. 25)
23    Sec. 25. Rentals and tenant selection. In the operation or
24management of housing projects an Authority shall at all times
25observe the following duties with respect to rentals and tenant



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2    (a) It shall not accept any person as a tenant in any
3dwelling in a housing project if the persons who would occupy
4the dwelling have an aggregate annual income which equals or
5exceeds the amount which the Authority determines (which
6determination shall be conclusive) to be necessary in order to
7enable such persons to secure safe, sanitary and uncongested
8dwelling accommodations within the area of operation of the
9Authority and to provide an adequate standard of living for
11    (b) It may rent or lease the dwelling accommodations
12therein only at rentals within the financial reach of persons
13who lack the amount of income which it determines (pursuant to
14(a) of this Section) to be necessary in order to obtain safe,
15sanitary and uncongested dwelling accommodations within the
16area of operation of the Authority and to provide an adequate
17standard of living.
18    (c) It may rent or lease to a tenant a dwelling consisting
19of the number of rooms (but no greater number) which it deems
20necessary to provide safe and sanitary accommodations to the
21proposed occupants thereof, without overcrowding.
22    (d) It shall not change the residency preference of any
23prospective tenant once the application has been accepted by
24the authority.
25    (e) It may refuse to certify or recertify applicants,
26current tenants, or other household members if, after due



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1notice and an impartial hearing, that person or any of the
2proposed occupants of the dwelling has, prior to or during a
3term of tenancy or occupancy in any housing project operated by
4an Authority, been convicted of a criminal offense relating to
5the sale or distribution of controlled substances under the
6laws of this State, the United States or any other state. If an
7Authority desires a criminal history records check of all 50
8states or a 50-state confirmation of a conviction record, the
9Authority shall submit the fingerprints of the relevant
10applicant, tenant, or other household member to the Department
11of State Police in a manner prescribed by the Department of
12State Police. These fingerprints shall be checked against the
13fingerprint records now and hereafter filed in the Department
14of State Police and Federal Bureau of Investigation criminal
15history records databases. The Department of State Police shall
16charge a fee for conducting the criminal history records check,
17which shall be deposited in the State Police Services Fund and
18shall not exceed the actual cost of the records check. The
19Department of State Police shall furnish pursuant to positive
20identification, records of conviction to the Authority. An
21Authority that requests a criminal history report of an
22applicant or other household member shall inform the applicant
23at the time of the request that the applicant or other
24household member may provide additional mitigating information
25for consideration with the application for housing.
26    (e-5) Criminal history record assessment. The Authority



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1shall use the following process when evaluating the criminal
2history report of an applicant or other household member to
3determine whether to rent or lease to the applicant:
4        (1) Unless required by federal law, the Authority shall
5    not consider the following information when determining
6    whether to rent or lease to an applicant for housing:
7            (A) an arrest or detention;
8            (B) criminal charges or indictments, and the
9        nature of any disposition arising therefrom, that do
10        not result in a conviction;
11            (C) a conviction that has been vacated, ordered,
12        expunged, sealed, or impounded by a court;
13            (D) matters under the jurisdiction of the Illinois
14        Juvenile Court;
15            (E) the amount of time since the applicant or other
16        household member completed his or her sentence in
17        prison or jail or was released from prison or jail; or
18            (F) convictions occurring more than 180 days prior
19        to the date the applicant submitted his or her
20        application for housing.
21        (2) The Authority shall create a system for the
22    independent review of criminal history reports:
23            (A) the reviewer shall examine the applicant's or
24        other household member's criminal history report and
25        report only those records not prohibited under
26        paragraph (1) to the person or persons making the



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1        decision about whether to offer housing to the
2        applicant; and
3            (B) the reviewer shall not participate in any final
4        decisions on an applicant's application for housing.
5        (3) The Authority may deny an applicant's application
6    for housing because of the applicant's or another household
7    member's criminal history record, only if the Authority:
8            (A) determines that the denial is required under
9        federal law; or
10            (B) determines that there is a direct relationship
11        between the applicant or the other household member's
12        criminal history record and a risk to the health,
13        safety, and peaceful enjoyment of fellow tenants. The
14        mere existence of a criminal history record does not
15        demonstrate such a risk.
16    (f) It may, if a tenant has created or maintained a threat
17constituting a serious and clear danger to the health or safety
18of other tenants or Authority employees, after 3 days' written
19notice of termination and without a hearing, file suit against
20any such tenant for recovery of possession of the premises. The
21tenant shall be given the opportunity to contest the
22termination in the court proceedings. A serious and clear
23danger to the health or safety of other tenants or Authority
24employees shall include, but not be limited to, any of the
25following activities of the tenant or of any other person on
26the premises with the consent of the tenant:



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1        (1) Physical assault or the threat of physical assault.
2        (2) Illegal use of a firearm or other weapon or the
3    threat to use in an illegal manner a firearm or other
4    weapon.
5        (3) Possession of a controlled substance by the tenant
6    or any other person on the premises with the consent of the
7    tenant if the tenant knew or should have known of the
8    possession by the other person of a controlled substance,
9    unless the controlled substance was obtained directly from
10    or pursuant to a valid prescription.
11        (4) Streetgang membership as defined in the Illinois
12    Streetgang Terrorism Omnibus Prevention Act.
13    The management of low-rent public housing projects
14financed and developed under the U.S. Housing Act of 1937 shall
15be in accordance with that Act.
16    Nothing contained in this Section or any other Section of
17this Act shall be construed as limiting the power of an
18Authority to vest in a bondholder or trustee the right, in the
19event of a default by the Authority, to take possession and
20operate a housing project or cause the appointment of a
21receiver thereof, free from all restrictions imposed by this
22Section or any other Section of this Act.
23(Source: P.A. 93-418, eff. 1-1-04; 93-749, eff. 7-15-04.)
24    (310 ILCS 10/25.01 new)
25    Sec. 25.01. Notification. Before denying an applicant's



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1housing application based, in whole or in part, on a criminal
2history record permitted under this Act, the Authority shall
3provide the opportunity for an individual assessment. The
4applicant for housing shall be provided with a clear, written
5notice that:
6        (1) explains why the Authority has determined that the
7    criminal history report it obtained requires further
8    review, including detailed information on whether the need
9    for further review is based on federal law or on the
10    Authority's determination that the criminal history record
11    of the applicant or other household member indicates a risk
12    to the health, safety, or peaceful enjoyment of housing for
13    other residents;
14        (2) identifies the specific conviction or convictions
15    upon which the Authority relied upon when making its
16    decision to deny the applicant's housing application;
17        (3) explains that the applicant has a right to an
18    individualized criminal records assessment hearing
19    regarding the Authority's decision to deny the applicant's
20    housing application, as set forth in Section 25.02;
21        (4) provides clear instructions on what to expect
22    during an individualized criminal records assessment
23    hearing, as set forth in Section 25.02;
24        (5) explains that if the applicant chooses not to
25    participate in an individualized criminal records
26    assessment hearing, the applicant's application will be



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1    denied; and
2        (6) provides a copy of the criminal history report the
3    Authority used to make its determination.
4    (310 ILCS 10/25.02 new)
5    Sec. 25.02. Criminal records assessment hearing.
6    (a) An applicant has the right to an individualized
7criminal records assessment hearing if the applicant's
8application for housing requires further review because of the
9applicant's or another household member's criminal history
10record. The individualized criminal records assessment hearing
11shall allow the applicant or other household member to:
12        (1) contest the accuracy of the criminal history
13    record;
14        (2) contest the relevance of the criminal history
15    record to the Authority's decision to deny the applicant's
16    application for housing; and
17        (3) provide mitigating evidence concerning the
18    applicant's or other household member's criminal
19    conviction or evidence of rehabilitation.
20    (b) The Authority shall not rent or lease to any other
21person the available housing unit that is the subject of the
22applicant's individualized criminal records assessment hearing
23until after the Authority has issued a final ruling.
24    (c) The Authority shall adopt rules for criminal records
25assessment hearings in accordance with Article 10 of the



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1Illinois Administrative Procedure Act.
Article 99.

3    Section 99-99. Effective date. This Act takes effect upon
4becoming law.