SB2724 Enrolled LRB093 19551 AMC 45291 b

1     AN ACT concerning housing.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Affordable Housing Planning and Appeal Act
5 is amended by changing Sections 15, 20, and 25 as follows:
 
6     (310 ILCS 67/15)
7     Sec. 15. Definitions. As used in this Act:
8     "Affordable housing" means housing that has a sales price
9 or rental amount that is within the means of a household that
10 may occupy moderate-income or low-income housing. In the case
11 of dwelling units for sale, housing that is affordable means
12 housing in which mortgage, amortization, taxes, insurance, and
13 condominium or association fees, if any, constitute no more
14 than 30% of the gross annual household income for a household
15 of the size that may occupy the unit. In the case of dwelling
16 units for rent, housing that is affordable means housing for
17 which the rent and utilities constitute no more than 30% of the
18 gross annual household income for a household of the size that
19 may occupy the unit.
20     "Affordable housing developer" means a nonprofit entity,
21 limited equity cooperative or public agency, or private
22 individual, firm, corporation, or other entity seeking to build
23 an affordable housing development.
24     "Affordable housing development" means (i) any housing
25 that is subsidized by the federal or State government or (ii)
26 any housing in which at least 20% of the dwelling units are
27 subject to covenants or restrictions that require that the
28 dwelling units be sold or rented at prices that preserve them
29 as affordable housing for a period of at least 15 years, in the
30 case of for-sale housing, and at least 30 years, in the case of
31 rental housing.
32     "Approving authority" means the governing body of the

 

 

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1 county or municipality.
2     "Area median household income" means the median household
3 income adjusted for family size for applicable income limit
4 areas as determined annually by the federal Department of
5 Housing and Urban Development under Section 8 of the United
6 States Housing Act of 1937.
7     "Development" means any building, construction,
8 renovation, or excavation or any material change in the use or
9 appearance of any structure or in the land itself; the division
10 of land into parcels; or any change in the intensity or use of
11 land, such as an increase in the number of dwelling units in a
12 structure or a change to a commercial use.
13     "Exempt local government" means any local government in
14 which at least 10% of its total year-round housing units are
15 affordable, as determined by the Illinois Housing Development
16 Authority pursuant to Section 20 of this Act; or any
17 municipality under 1,000 population.
18     "Household" means the person or persons occupying a
19 dwelling unit.
20     "Local government" means a county or municipality.
21     "Low-income housing" means housing that is affordable,
22 according to the federal Department of Housing and Urban
23 Development, for either home ownership or rental, and that is
24 occupied, reserved, or marketed for occupancy by households
25 with a gross household income that does not exceed 50% of the
26 area median gross household income for households of the same
27 size within the county in which the housing is located.
28     "Moderate-income housing" means housing that is
29 affordable, according to the federal Department of Housing and
30 Urban Development, for either home ownership or rental, and
31 that is occupied, reserved, or marketed for occupancy by
32 households with a gross household income that is greater than
33 50% but does not exceed 80% of the area median gross household
34 income for households of the same size within the county in
35 which the housing is located.
36     "Non-appealable local government requirements" means all

 

 

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1 essential requirements that protect the public health and
2 safety, including any local building, electrical, fire, or
3 plumbing code requirements or those requirements that are
4 critical to the protection or preservation of the environment.
5 (Source: P.A. 93-595, eff. 1-1-04.)
 
6     (310 ILCS 67/20)
7     Sec. 20. Determination of exempt local governments.
8     (a) Beginning October 1, 2004 January 1, 2006, the Illinois
9 Housing Development Authority shall determine which local
10 governments are exempt and not exempt from the operation of
11 this Act based on an identification of the total number of
12 year-round housing units in the most recent decennial census
13 for each local government within the State and by an inventory
14 of for-sale and rental affordable housing units, as defined in
15 this Act, for each local government from the decennial census
16 and other relevant sources.
17     (b) The Illinois Housing Development Authority shall make
18 this determination by:
19         (i) totaling the number of for-sale housing units in
20     each local government that are affordable to households
21     with a gross household income that is less than 80% of the
22     median household income within the county or primary
23     metropolitan statistical area;
24         (ii) totaling the number of rental units in each local
25     government that are affordable to households with a gross
26     household income that is less than 60% of the median
27     household income within the county or primary metropolitan
28     statistical area;
29         (iii) adding the number of for-sale and rental units
30     for each local government from items (i) and (ii); and
31         (iv) dividing the sum of (iii) above by the total
32     number of year-round housing units in the local government
33     as contained in the latest decennial census and multiplying
34     the result by 100 to determine the percentage of affordable
35     housing units within the jurisdiction of the local

 

 

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1     government.
2     (c) Beginning October 1, 2004 January 1, 2006, the Illinois
3 Housing Development Authority shall publish on an annual basis
4 a list of exempt and non-exempt local governments and the data
5 that it used to calculate its determination. The data shall be
6 shown for each local government in the State and for the State
7 as a whole. Upon publishing a list of exempt and non-exempt
8 local governments, the Illinois Housing Development Authority
9 shall notify a local government that it is not exempt from the
10 operation of this Act and provide to it the data used to
11 calculate its determination.
12     (d) A local government or developer of affordable housing
13 may appeal the determination of the Illinois Housing
14 Development Authority as to whether the local government is
15 exempt or non-exempt under this Act in connection with an
16 appeal under Section 30 of this Act.
17 (Source: P.A. 93-595, eff. 1-1-04.)
 
18     (310 ILCS 67/25)
19     Sec. 25. Affordable housing plan.
20     (a) Prior to April 1, 2005 July 1, 2004, all non-exempt
21 local governments must approve an affordable housing plan.
22     (b) For the purposes of this Act, the affordable housing
23 plan shall consist of at least the following:
24         (i) a statement of the total number of affordable
25     housing units that are necessary to exempt the local
26     government from the operation of this Act as defined in
27     Section 15 and Section 20;
28         (ii) an identification of lands within the
29     jurisdiction that are most appropriate for the
30     construction of affordable housing and of existing
31     structures most appropriate for conversion to, or
32     rehabilitation for, affordable housing, including a
33     consideration of lands and structures of developers who
34     have expressed a commitment to provide affordable housing
35     and lands and structures that are publicly or semi-publicly

 

 

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1     owned;
2         (iii) incentives that local governments may provide
3     for the purpose of attracting affordable housing to their
4     jurisdiction; and
5         (iv) a goal of a minimum of 15% of all new development
6     or redevelopment within the local government that would be
7     defined as affordable housing in this Act; or a minimum of
8     a 3 percentage point increase in the overall percentage of
9     affordable housing within its jurisdiction, as described
10     in subsection (b) of defined in Section 20 of this Act; or
11     a minimum of a total of 10% of affordable housing within
12     its jurisdiction as described in subsection (b) of Section
13     20 of this Act.
14     (c) Within 60 days after the adoption of an affordable
15 housing plan or revisions to its affordable housing plan, the
16 local government must submit a copy of that plan to the
17 Illinois Housing Development Authority.
18 (Source: P.A. 93-595, eff. 1-1-04.)
 
19     Section 99. Effective date. This Act takes effect upon
20 becoming law.