SB1790 EnrolledLRB098 09695 KTG 39843 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 Affordable Housing Planning and Appeal Act
5is amended by changing Sections 15, 20, 25, 30, and 50 as
6follows:
 
7    (310 ILCS 67/15)
8    Sec. 15. Definitions. As used in this Act:
9    "Affordable housing" means housing that has a value or cost
10sales price or rental amount that is within the means of a
11household that may occupy moderate-income or low-income
12housing. In the case of owner-occupied dwelling units for sale,
13housing that is affordable means housing in which mortgage,
14amortization, taxes, insurance, and condominium or association
15fees, if any, constitute no more than 30% of the gross annual
16household income for a household of the size that may occupy
17the unit. In the case of dwelling units for rent, housing that
18is affordable means housing for which the rent and utilities
19constitute no more than 30% of the gross annual household
20income for a household of the size that may occupy the unit.
21    "Affordable housing developer" means a nonprofit entity,
22limited equity cooperative or public agency, or private
23individual, firm, corporation, or other entity seeking to build

 

 

SB1790 Enrolled- 2 -LRB098 09695 KTG 39843 b

1an affordable housing development.
2    "Affordable housing development" means (i) any housing
3that is subsidized by the federal or State government or (ii)
4any housing in which at least 20% of the dwelling units are
5subject to covenants or restrictions that require that the
6dwelling units be sold or rented at prices that preserve them
7as affordable housing for a period of at least 15 years, in the
8case of owner-occupied for-sale housing, and at least 30 years,
9in the case of rental housing.
10    "Approving authority" means the governing body of the
11county or municipality.
12    "Area median household income" means the median household
13income adjusted for family size for applicable income limit
14areas as determined annually by the federal Department of
15Housing and Urban Development under Section 8 of the United
16States Housing Act of 1937.
17    "Community land trust" means a private, not-for-profit
18corporation organized exclusively for charitable, cultural,
19and other purposes and created to acquire and own land for the
20benefit of the local government, including the creation and
21preservation of affordable housing.
22    "Development" means any building, construction,
23renovation, or excavation or any material change in any
24structure or land, or change in the use of such structure or
25land, that results in a net increase in the number of dwelling
26units in a structure or on a parcel of land by more than one

 

 

SB1790 Enrolled- 3 -LRB098 09695 KTG 39843 b

1dwelling unit.
2    "Exempt local government" means any local government in
3which at least 10% of its total year-round housing units are
4affordable, as determined by the Illinois Housing Development
5Authority pursuant to Section 20 of this Act; or any
6municipality under 1,000 population.
7    "Household" means the person or persons occupying a
8dwelling unit.
9    "Housing trust fund" means a separate fund, either within a
10local government or between local governments pursuant to
11intergovernmental agreement, established solely for the
12purposes authorized in subsection (d) of Section 25, including,
13without limitation, the holding and disbursing of financial
14resources to address the affordable housing needs of
15individuals or households that may occupy low-income or
16moderate-income housing.
17    "Local government" means a county or municipality.
18    "Low-income housing" means housing that is affordable,
19according to the federal Department of Housing and Urban
20Development, for either home ownership or rental, and that is
21occupied, reserved, or marketed for occupancy by households
22with a gross household income that does not exceed 50% of the
23area median household income.
24    "Moderate-income housing" means housing that is
25affordable, according to the federal Department of Housing and
26Urban Development, for either home ownership or rental, and

 

 

SB1790 Enrolled- 4 -LRB098 09695 KTG 39843 b

1that is occupied, reserved, or marketed for occupancy by
2households with a gross household income that is greater than
350% but does not exceed 80% of the area median household
4income.
5    "Non-appealable local government requirements" means all
6essential requirements that protect the public health and
7safety, including any local building, electrical, fire, or
8plumbing code requirements or those requirements that are
9critical to the protection or preservation of the environment.
10(Source: P.A. 93-595, eff. 1-1-04; 93-678, eff. 6-28-04;
1194-303, eff. 7-21-05.)
 
12    (310 ILCS 67/20)
13    Sec. 20. Determination of exempt local governments.
14    (a) Beginning October 1, 2004, the Illinois Housing
15Development Authority shall determine which local governments
16are exempt and not exempt from the operation of this Act based
17on an identification of the total number of year-round housing
18units in the most recent data from the U.S. Census Bureau
19decennial census for each local government within the State and
20by an inventory of owner-occupied for-sale and rental
21affordable housing units, as defined in this Act, for each
22local government from the U.S. Census Bureau decennial census
23and other relevant sources.
24    (b) The Illinois Housing Development Authority shall make
25this determination by:

 

 

SB1790 Enrolled- 5 -LRB098 09695 KTG 39843 b

1        (i) totaling the number of owner-occupied for-sale
2    housing units in each local government that are affordable
3    to households with a gross household income that is less
4    than 80% of the median household income within the county
5    or primary metropolitan statistical area;
6        (ii) totaling the number of rental units in each local
7    government that are affordable to households with a gross
8    household income that is less than 60% of the median
9    household income within the county or primary metropolitan
10    statistical area;
11        (iii) adding the number of owner-occupied for-sale and
12    rental units for each local government from items (i) and
13    (ii); and
14        (iv) dividing the sum of (iii) above by the total
15    number of year-round housing units in the local government
16    as contained in the latest U.S. Census Bureau decennial
17    census and multiplying the result by 100 to determine the
18    percentage of affordable housing units within the
19    jurisdiction of the local government.
20    (c) Beginning on the effective date of this amendatory Act
21of the 98th General Assembly October 1, 2004, the Illinois
22Housing Development Authority shall publish on an annual basis
23a list of exempt and non-exempt local governments and the data
24that it used to calculate its determination at least once every
255 years. The data shall be shown for each local government in
26the State and for the State as a whole. Upon publishing a list

 

 

SB1790 Enrolled- 6 -LRB098 09695 KTG 39843 b

1of exempt and non-exempt local governments, the Illinois
2Housing Development Authority shall notify a local government
3that it is not exempt from the operation of this Act and
4provide to it the data used to calculate its determination.
5    (d) A local government or developer of affordable housing
6may appeal the determination of the Illinois Housing
7Development Authority as to whether the local government is
8exempt or non-exempt under this Act in connection with an
9appeal under Section 30 of this Act.
10(Source: P.A. 93-595, eff. 1-1-04; 93-678, eff. 6-28-04.)
 
11    (310 ILCS 67/25)
12    Sec. 25. Affordable housing plan.
13    (a) Prior to April 1, 2005, all non-exempt local
14governments must approve an affordable housing plan. Any local
15government that is determined by the Illinois Housing
16Development Authority under Section 20 to be non-exempt for the
17first time based on the recalculation of U.S. Census Bureau
18decennial census data after 2010 shall have 18 months from the
19date of notification of its non-exempt status to approve an
20affordable housing plan under this Act.
21    (b) For the purposes of this Act, the affordable housing
22plan shall consist of at least the following:
23        (i) a statement of the total number of affordable
24    housing units that are necessary to exempt the local
25    government from the operation of this Act as defined in

 

 

SB1790 Enrolled- 7 -LRB098 09695 KTG 39843 b

1    Section 15 and Section 20;
2        (ii) an identification of lands within the
3    jurisdiction that are most appropriate for the
4    construction of affordable housing and of existing
5    structures most appropriate for conversion to, or
6    rehabilitation for, affordable housing, including a
7    consideration of lands and structures of developers who
8    have expressed a commitment to provide affordable housing
9    and lands and structures that are publicly or semi-publicly
10    owned;
11        (iii) incentives that local governments may provide
12    for the purpose of attracting affordable housing to their
13    jurisdiction; and
14        (iv) a goal of a minimum of 15% of all new development
15    or redevelopment within the local government that would be
16    defined as affordable housing in this Act; or a minimum of
17    a 3 percentage point increase in the overall percentage of
18    affordable housing within its jurisdiction, as described
19    in subsection (b) of Section 20 of this Act; or a minimum
20    of a total of 10% affordable housing within its
21    jurisdiction as described in subsection (b) of Section 20
22    of this Act. These goals may be met, in whole or in part,
23    through the creation of affordable housing units under
24    intergovernmental agreements as described in subsection
25    (e) of this Section.
26    (c) Within 60 days after the adoption of an affordable

 

 

SB1790 Enrolled- 8 -LRB098 09695 KTG 39843 b

1housing plan or revisions to its affordable housing plan, the
2local government must submit a copy of that plan to the
3Illinois Housing Development Authority.
4    (d) In order to promote the goals of this Act and to
5maximize the creation, establishment, or preservation of
6affordable housing throughout the State of Illinois, a local
7government, whether exempt or non-exempt under this Act, may
8adopt the following measures to address the need for affordable
9housing:
10        (1) Local governments may individually or jointly
11    create or participate in a housing trust fund or otherwise
12    provide funding or support for the purpose of supporting
13    affordable housing, including, without limitation, to
14    support the following affordable housing activities:
15            (A) Housing production, including, without
16        limitation, new construction, rehabilitation, and
17        adaptive re-use.
18            (B) Acquisition, including, without limitation,
19        land, single-family homes, multi-unit buildings, and
20        other existing structures that may be used in whole or
21        in part for residential use.
22            (C) Rental payment assistance.
23            (D) Home-ownership purchase assistance.
24            (E) Preservation of existing affordable housing.
25            (F) Weatherization.
26            (G) Emergency repairs.

 

 

SB1790 Enrolled- 9 -LRB098 09695 KTG 39843 b

1            (H) Housing related support services, including
2        homeownership education and financial counseling.
3            (I) Grants or loans to not-for-profit
4        organizations engaged in addressing the affordable
5        housing needs of low-income and moderate-income
6        households.
7        Local governments may authorize housing trust funds to
8    accept and utilize funds, property, and other resources
9    from all proper and lawful public and private sources so
10    long as those funds are used solely for addressing the
11    affordable housing needs of individuals or households that
12    may occupy low-income or moderate-income housing.
13        (2) A local government may create a community land
14    trust, which may: acquire developed or undeveloped
15    interests in real property and hold them for affordable
16    housing purposes; convey such interests under long-term
17    leases, including ground leases; convey such interests for
18    affordable housing purposes; and retain an option to
19    reacquire any such real property interests at a price
20    determined by a formula ensuring that such interests may be
21    utilized for affordable housing purposes.
22        (3) A local government may use its zoning powers to
23    require the creation and preservation of affordable
24    housing as authorized under Section 5-12001 of the Counties
25    Code and Section 11-13-1 of the Illinois Municipal Code.
26        (4) A local government may accept donations of money or

 

 

SB1790 Enrolled- 10 -LRB098 09695 KTG 39843 b

1    land for the purpose of addressing the affordable housing
2    needs of individuals or households that may occupy
3    low-income or moderate-income housing. These donations may
4    include, without limitation, donations of money or land
5    from persons in lieu of building affordable housing.
6    (e) In order to encourage regional cooperation and the
7maximum creation of affordable housing in areas lacking such
8housing in the State of Illinois, any non-exempt local
9government may enter into intergovernmental agreements under
10subsection (e) of Section 25 with local governments within 10
11miles of its corporate boundaries in order to create affordable
12housing units to meet the goals of this Act. A non-exempt local
13government may not enter into an intergovernmental agreement,
14however, with any local government that contains more than 25%
15affordable housing as determined under Section 20 of this Act.
16All intergovernmental agreements entered into to create
17affordable housing units to meet the goals of this Act must
18also specify the basis for determining how many of the
19affordable housing units created will be credited to each local
20government participating in the agreement for purposes of
21complying with this Act. All intergovernmental agreements
22entered into to create affordable housing units to meet the
23goals of this Act must also specify the anticipated number of
24newly created affordable housing units that are to be credited
25to each local government participating in the agreement for
26purposes of complying with this Act. In specifying how many

 

 

SB1790 Enrolled- 11 -LRB098 09695 KTG 39843 b

1affordable housing units will be credited to each local
2government, the same affordable housing unit may not be counted
3by more than one local government.
4(Source: P.A. 93-595, eff. 1-1-04; 93-678, eff. 6-28-04;
594-303, eff. 7-21-05.)
 
6    (310 ILCS 67/30)
7    Sec. 30. Appeal to State Housing Appeals Board.
8    (a) (Blank).
9    (b) Beginning January 1, 2009, an affordable housing
10developer whose application is either denied or approved with
11conditions that in his or her judgment render the provision of
12affordable housing infeasible may, within 45 days after the
13decision, appeal to the State Housing Appeals Board challenging
14that decision unless the municipality or county that rendered
15the decision is exempt under Section 15 of this Act. The
16developer must submit information regarding why the developer
17believes he or she was unfairly denied or unreasonable
18conditions were placed upon the tentative approval of the
19development. In the case of local governments that are
20determined by the Illinois Housing Development Authority under
21Section 20 to be non-exempt for the first time based on the
22recalculation of U.S. Census Bureau decennial census data after
23the effective date of this amendatory Act of the 98th General
24Assembly 2010, no developer may appeal to the State Housing
25Appeals Board until 60 months after a local government has been

 

 

SB1790 Enrolled- 12 -LRB098 09695 KTG 39843 b

1notified of its non-exempt status.
2    (c) Beginning on the effective date of this amendatory Act
3of the 98th General Assembly January 1, 2009, the Board shall,
4whenever possible, render a decision on the appeal within 120
5days after the appeal is filed. The Board may extend the time
6by which it will render a decision where circumstances outside
7the Board's control make it infeasible for the Board to render
8a decision within 120 days. In any proceeding before the Board,
9the affordable housing developer bears the burden of
10demonstrating that the proposed affordable housing development
11(i) has been unfairly denied or (ii) has had unreasonable
12conditions placed upon it by the decision of the local
13government.
14    (d) The Board shall dismiss any appeal if:
15        (i) the local government has adopted an affordable
16    housing plan as defined in Section 25 of this Act and
17    submitted that plan to the Illinois Housing Development
18    Authority within the time frame required by this Act; and
19        (ii) the local government has implemented its
20    affordable housing plan and has met its goal as established
21    in its affordable housing plan as defined in Section 25 of
22    this Act.
23    (e) The Board shall dismiss any appeal if the reason for
24denying the application or placing conditions upon the approval
25is a non-appealable local government requirement under Section
2615 of this Act.

 

 

SB1790 Enrolled- 13 -LRB098 09695 KTG 39843 b

1    (f) The Board may affirm, reverse, or modify the conditions
2of, or add conditions to, a decision made by the approving
3authority. The decision of the Board constitutes an order
4directed to the approving authority and is binding on the local
5government.
6    (g) The appellate court has the exclusive jurisdiction to
7review decisions of the Board. Any appeal to the Appellate
8Court of a final ruling by the State Housing Appeals Board may
9be heard only in the Appellate Court for the District in which
10the local government involved in the appeal is located. The
11appellate court shall apply the "clearly erroneous" standard
12when reviewing such appeals. An appeal of a final ruling of the
13Board shall be filed within 35 days after the Board's decision
14and in all respects shall be in accordance with Section 3-113
15of the Code of Civil Procedure.
16(Source: P.A. 93-595, eff. 1-1-04; 94-303, eff. 7-21-05.)
 
17    (310 ILCS 67/50)
18    Sec. 50. Housing Appeals Board.
19    (a) Prior to January 1, 2008, a Housing Appeals Board shall
20be created consisting of 7 members appointed by the Governor as
21follows:
22        (1) a retired circuit judge or retired appellate judge,
23    who shall act as chairperson;
24        (2) a zoning board of appeals member;
25        (3) a planning board member;

 

 

SB1790 Enrolled- 14 -LRB098 09695 KTG 39843 b

1        (4) a mayor or municipal council or board member;
2        (5) a county board member;
3        (6) an affordable housing developer; and
4        (7) an affordable housing advocate.
5    In addition, the Chairman of the Illinois Housing
6Development Authority, ex officio, shall serve as a non-voting
7member. No more than 4 of the appointed members may be from the
8same political party. Appointments under items (2), (3), and
9(4) shall be from local governments that are not exempt under
10this Act.
11    (b) Initial terms of 4 members designated by the Governor
12shall be for 2 years. Initial terms of 3 members designated by
13the Governor shall be for one year. Thereafter, members shall
14be appointed for terms of 2 years. After a member's term
15expires, the member shall continue to serve until a successor
16is appointed. There shall be no limit to the number of terms an
17appointee may serve. A member shall receive no compensation for
18his or her services, but shall be reimbursed by the State for
19all reasonable expenses actually and necessarily incurred in
20the performance of his or her official duties. The board shall
21hear all petitions for review filed under this Act and shall
22conduct all hearings in accordance with the rules and
23regulations established by the chairperson. The Illinois
24Housing Development Authority shall provide space and clerical
25and other assistance that the Board may require.
26    (c) (Blank).

 

 

SB1790 Enrolled- 15 -LRB098 09695 KTG 39843 b

1(Source: P.A. 93-595, eff. 1-1-04; 94-303, eff. 7-21-05.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.