Rep. Karen A. Yarbrough

Filed: 3/10/2011

 

 


 

 


 
09700HB1110ham001LRB097 07689 KTG 52561 a

1
AMENDMENT TO HOUSE BILL 1110

2    AMENDMENT NO. ______. Amend House Bill 1110 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Housing Authorities Act is amended by
5changing Sections 8.21, 8.22, and 29 as follows:
 
6    (310 ILCS 10/8.21)  (from Ch. 67 1/2, par. 8.21)
7    Sec. 8.21. In determining the income of tenants for the
8purpose of determining rent, the Housing Authority shall comply
9with all federal housing statutes and regulations of the U.S.
10Department of Housing and Urban Development.
11    Exemptions to federal, State, or local requirements may be
12granted to a Housing Authority in the form of Waivers,
13Exclusions, Public Notices, Executive Orders, or Moving to Work
14Agreements approved by the U.S. Department of Housing and Urban
15Development.
16(Source: P.A. 86-789; 87-200.)
 

 

 

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1    (310 ILCS 10/8.22)
2    Sec. 8.22. Determination of income.
3    (a) Exclusions from income. In determining the income of a
4tenant for the purpose of determining rent, the Housing
5Authority shall exclude the following as provided in subsection
6(b):
7        (i) The amount of any income received by the tenant as
8    a result of anti-drug, anti-crime, and related security
9    initiatives conducted by the Housing Authority. Any
10    activities or income excluded under this subdivision (i)
11    must first be certified by the Housing Authority.
12        (ii) Any income earned by a tenant during the first 12
13    months of employment which follow a period of unemployment
14    of 12 or more consecutive months if:
15            (A) a period of unemployment of 12 or more
16        consecutive months or the income received within the 12
17        months prior to employment is less than 10 hours of
18        work per week at the established minimum wage; or
19            (B) the income earned during those 12 months is
20        received as a result of the tenant's participation in
21        any economic self-sufficiency or other job training
22        program; or
23            (C) the income earned during those 12 months is
24        earned by a tenant due to new employment or increased
25        earnings, during or within 6 months after receiving

 

 

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1        assistance under a State program for temporary
2        assistance for needy families funded under Part A of
3        Title IV of the Social Security Act (42 U.S.C. 601 and
4        following), provided that the total amount of earned
5        income received by the tenant within the previous 6
6        months was at least $500.
7    (b) Procedure for excluding income.
8        (i) Initial 12-month exclusion. Beginning on the first
9    date the tenant is employed or the first date the tenant's
10    family experiences an increase in annual income as
11    determined under subdivision (a)(ii) of this Section, the
12    Housing Authority must exclude the increase in annual
13    income for each month in which the increase is received,
14    but not for more than 12 months.
15        (ii) Second 12-month exclusion and phase-out. After
16    the initial 12-month exclusion period under subdivision
17    (b)(i) of this Section, the Housing Authority must exclude,
18    for each month in which the increase in income is received,
19    but not for more than 12 months, 50% of the increase in the
20    annual income that is received due to the tenant's
21    employment or the tenant's family experiencing an increase
22    in annual income under subdivision (a)(ii).
23        (iii) Maximum 48-month period for exclusions. The
24    exclusion of increases in income of an individual family
25    member as provided in subdivision (b)(i) or (b)(ii) of this
26    Section is limited to a lifetime 48-month period. The

 

 

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1    exclusion applies for a maximum of 12 months for the
2    exclusion under subdivision (b)(i) and a maximum of 12
3    months for the exclusion under subdivision (b)(ii), during
4    the 48-month period starting with the beginning of the
5    initial exclusion period under subdivision (b)(i), which
6    immediately follows 12 or more months of unemployment.
7    (c) Inapplicability of income exclusions to admission
8process. The exclusion of increases in income as a result of
9employment under this Section for the purpose of determining
10rent does not apply for purposes of determining eligibility for
11admission to the program (including determinations of income
12eligibility and income targeting).
13    (d) Inapplicability of income exclusions to the HOME
14Investment Partnership Program, Housing Opportunities for
15Persons with AIDS, the Supportive Housing Program, and the
16Housing Choice Voucher Program. The exclusion of increases in
17income as a result of employment as provided under subsections
18(a) and (b) of this Section is not applicable to the following
19programs: the HOME Investment Partnership Program, Housing
20Opportunities for Persons with AIDS, the Supportive Housing
21Program, and the Housing Choice Voucher Program, except for a
22tenant family member who is a person with disabilities as
23defined in 42 U.S.C. 423.
24(Source: P.A. 93-242, eff. 7-22-03.)
 
25    (310 ILCS 10/29)  (from Ch. 67 1/2, par. 27b)

 

 

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1    Sec. 29. With respect to any housing project of a housing
2authority, the housing authority shall, after such project has
3become occupied, either in whole or in part, file with the
4proper assessing authority on or before April 1 of each year, a
5statement of the aggregate shelter rentals of each such project
6collected during the preceding calendar year; and, unless a
7different amount has been agreed upon between the housing
8authority and the city, village, incorporated town or county
9for which the housing authority was created, five (5) per cent
10of such aggregate shelter rentals shall be charged and
11collected as a service charge for the services and facilities
12to be furnished with respect to such project, in the manner
13provided by law for the assessment and collection of taxes, and
14the amount so collected shall be distributed to the several
15taxing bodies in such proportions that each taxing body will
16receive therefrom the same proportion as the tax rate of such
17taxing body bears to the total tax rate that would be levied
18against the project if it were not exempt from taxation. A
19city, village, incorporated town or county for which a housing
20authority has been created may agree with the housing
21authority, with respect to any housing projects, either
22separately or jointly or one or more of them, for the payment
23of a service charge in an amount greater or less than five (5)
24per cent of the aggregate annual shelter rentals of any
25project, upon the basis of shelter rentals or upon such other
26basis as may be agreed upon, but not exceeding the amount which

 

 

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1would be payable in taxes thereon were the property not exempt,
2and, if such an agreement is made, the amount so agreed upon
3shall be collected and distributed in the manner above
4provided. If such project or projects have become occupied or
5if the land upon which such project or projects are to be
6constructed has been acquired, such agreement shall specify
7definitely the location of the project or projects for which
8the agreement is made. Shelter rental shall mean the total
9rentals of a housing project as such project is defined in
10Section 15-95 of the Property Tax Code, exclusive of any charge
11for utilities and special services, including, but not limited
12to, such as heat, water, electricity, gas, employment services,
13and technology training services and gas. The records of each
14housing project shall be open to inspection by the proper
15assessing officers.
16(Source: P.A. 88-670, eff. 12-2-94.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.".