Illinois General Assembly - Bill Status for SB0966

Replaces everything after the enacting clause. Amends the Counties Code, the Illinois Municipal Code, and the Affordable Housing Planning and Appeal Act. Provides that counties and municipalities may use their zoning powers to promote the creation and preservation of affordable housing. In the Affordable Housing Planning and Appeal Act: (1) provides that upon recalculation of the non-exempt list of local governments using new decennial census data, any local government determined for the first time to be non-exempt by the Illinois Housing Development Authority shall have 18 months from the date of notification of its non-exempt status to approve an affordable housing plan; (2) authorizes local governments to adopt certain measures to promote the goals of the Act and to maximize the creation of affordable housing throughout the State, including (i) creation of a housing trust fund, (ii) creation of a community land trust, and (iii) acceptance of donations of money or land; (3) provides that a non-exempt local government may enter into intergovernmental agreements with local governments within 10 miles of its corporate boundaries in order to create affordable housing units to meet the goals of the Act, and provides that these provisions are inoperative on and after January 1, 2010; (4) makes changes in connection with appeals to the State Housing Appeals Board, including providing that (A) if a developer proves by a preponderance of the evidence that the local government's decision was based on an intent to prohibit or render infeasible the development of affordable housing, then the local government's decision will be deemed to be arbitrary and unreasonable and without substantial relation to the public health, safety, or welfare and (B) an appeal to the Appellate Court of a final ruling by the State Housing Appeals Board may be heard only in the Appellate Court for the District in which the local government involved in the appeal is located; (5) provides that a Housing Appeals Board must be created before January 1, 2008 (instead of July 1, 2006); and (6) changes the provisions concerning the adoption of rules by the Illinois Housing Development Authority. Makes other changes. Effective immediately.

In provisions amending the Counties Code and the Illinois Municipal Code: (i) provides that zoning powers may be used to require (instead of promote) the creation and preservation of affordable housing and (ii) authorizes incentives to developers who are creating, establishing, or preserving (instead of building) affordable housing. In provisions amending the Affordable Housing Planning and Appeal Act: (1) makes changes in the definitions of "development" and "housing trust fund"; (2) authorizes local governments to individually or jointly create or participate in a housing trust fund or otherwise provide funding or support for the purpose of supporting affordable housing (instead of simply authorizing a local government to create a housing trust fund); (3) authorizes loans (as well as grants) to not-for-profit organizations that are engaged (instead of actively engaged) in addressing affordable housing needs; (4) provides that all intergovernmental agreements entered into to create affordable housing units to meet the goals of the Act must also specify the anticipated number of newly created affordable housing units that are to be credited to each local government participating in the agreement for purposes of complying with the Act; (5) deletes a statement that amendatory provisions concerning intergovernmental agreements between local governments are inoperative on and after January 1, 2010; (6) in references to a determination of a local government's non-exempt status for the first time based on a recalculation of decennial census data, adds "after 2010"; (7) provides that in a proceeding before the State Housing Appeals Board, the affordable housing developer bears the burden of demonstrating that the proposed affordable housing development (i) has been unfairly denied or (ii) has had unreasonable conditions placed upon it by the decision of the local government (instead of demonstrating that the decision of the local government was arbitrary and unreasonable and without substantial relation to the public health, safety, or welfare); and (8) makes other changes.

×