Illinois General Assembly - Full Text of SB0154
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Full Text of SB0154  102nd General Assembly

SB0154enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB0154 EnrolledLRB102 10411 KTG 15738 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 Illinois Affordable Housing Act is amended
5by changing Sections 3 and 10 and by adding Section 18 as
6follows:
 
7    (310 ILCS 65/3)  (from Ch. 67 1/2, par. 1253)
8    Sec. 3. Definitions. As used in this Act:
9    (a) "Program" means the Illinois Affordable Housing
10Program.
11    (b) "Trust Fund" means the Illinois Affordable Housing
12Trust Fund.
13    (b-5) "Capital Fund" means the Illinois Affordable Housing
14Capital Fund.
15    (c) "Low-income household" means a single person, family
16or unrelated persons living together whose adjusted income is
17more than 50%, but less than 80%, of the median income of the
18area of residence, adjusted for family size, as such adjusted
19income and median income for the area are determined from time
20to time by the United States Department of Housing and Urban
21Development for purposes of Section 8 of the United States
22Housing Act of 1937.
23    (d) "Very low-income household" means a single person,

 

 

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1family or unrelated persons living together whose adjusted
2income is not more than 50% of the median income of the area of
3residence, adjusted for family size, as such adjusted income
4and median income for the area are determined from time to time
5by the United States Department of Housing and Urban
6Development for purposes of Section 8 of the United States
7Housing Act of 1937.
8    (e) "Affordable housing" means residential housing that,
9so long as the same is occupied by low-income households or
10very low-income households, requires payment of monthly
11housing costs, including utilities other than telephone, of no
12more than 30% of the maximum allowable income as stated for
13such households as defined in this Section.
14    (f) "Multi-family housing" means a building or buildings
15providing housing to 5 or more households.
16    (g) "Single-family housing" means a building containing
17one to 4 dwelling units, including a mobile home as defined in
18subsection (b) of Section 3 of the Mobile Home Landlord and
19Tenant Rights Act, as amended.
20    (h) "Community-based organization" means a not-for-profit
21entity whose governing body includes a majority of members who
22reside in the community served by the organization.
23    (i) "Advocacy organization" means a not-for-profit
24organization which conducts, in part or in whole, activities
25to influence public policy on behalf of low-income or very
26low-income households.

 

 

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1    (j) "Program Administrator" means the Illinois Housing
2Development Authority.
3    (k) "Funding Agent" means the Illinois Department of
4Revenue.
5    (l) "Commission" means the Affordable Housing Advisory
6Commission.
7    (m) "Congregate housing" means a building or structure in
8which 2 or more households, inclusive, share common living
9areas and may share child care, cleaning, cooking and other
10household responsibilities.
11    (n) "Eligible applicant" means a proprietorship,
12partnership, for-profit corporation, not-for-profit
13corporation or unit of local government which seeks to use
14fund assets as provided in this Article.
15    (o) "Moderate income household" means a single person,
16family or unrelated persons living together whose adjusted
17income is more than 80% but less than 120% of the median income
18of the area of residence, adjusted for family size, as such
19adjusted income and median income for the area are determined
20from time to time by the United States Department of Housing
21and Urban Development for purposes of Section 8 of the United
22States Housing Act of 1937.
23    (p) "Affordable Housing Program Trust Fund Bonds or Notes"
24means the bonds or notes issued by the Program Administrator
25under the Illinois Housing Development Act to further the
26purposes of this Act.

 

 

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1    (q) "Trust Fund Moneys" means all moneys, deposits,
2revenues, income, interest, dividends, receipts, taxes,
3proceeds and other amounts or funds deposited or to be
4deposited in the Trust Fund pursuant to Section 5(b) of this
5Act and any proceeds, investments or increase thereof.
6    (r) "Program Escrow" means accounts, except those accounts
7relating to any Affordable Housing Program Trust Fund Bonds or
8Notes, designated by the Program Administrator, into which
9Trust Fund Moneys are deposited.
10    (s) "Common household pet" means a domesticated animal,
11such as a dog (canis lupus familiaris) or cat (felis catus),
12which is commonly kept in the home for pleasure rather than for
13commercial purposes.
14(Source: P.A. 95-710, eff. 6-1-08.)
 
15    (310 ILCS 65/10)  (from Ch. 67 1/2, par. 1260)
16    Sec. 10. Trust Fund restrictions and stipulations. (a) All
17housing financed and all assistance provided from the Trust
18Fund shall be available to all eligible persons regardless of
19race, color, ancestry, unfavorable military discharge,
20familial status, marital status, national origin, religion,
21creed, sex, age, or disability.
22    (b) There shall be, on all assisted housing, a deed
23restriction, agreement, or other legal document which provides
24for the recapture of assistance upon terms and conditions to
25be specified in rules and regulations promulgated by the

 

 

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1Program Administrator.
2    (c) Loans made by the Trust Fund may be at no interest or
3at below market interest rates, with or without security, and
4may include loans for predevelopment financing.
5    (d) Assistance may be provided for housing units for low
6and very low-income households within multi-family housing
7which is occupied partly by low and very low-income households
8and partly by households not qualifying as low or very
9low-income, subject to rules and regulations promulgated by
10the Program Administrator.
11    (e) Except to the extent provided in rules and regulations
12promulgated by the Program Administrator, no household shall
13be required to vacate or move from any assisted housing as a
14result of ceasing to qualify as a low or very low-income
15household under this Act.
16    (f) Rates not to exceed fair market rental may be charged
17to any person or household which occupies any single family
18housing or unit of multi-family housing for the period that
19person or household does not qualify as low or very
20low-income.
21    (g) All housing assisted by the Trust Fund shall provide a
22residential antidisplacement and relocation assistance plan
23consistent with Section 507 of the federal Housing and
24Community Development Act of 1987.
25    (h) Multi-family housing assisted by the Trust Fund shall
26be prohibited from refusing to accept tenants for occupancy

 

 

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1solely because the tenant receives governmental rental
2assistance.
3    (i) Trust Fund assisted multi-family housing is prohibited
4from evicting tenants without good cause.
5    (j) Assistance may be provided to housing whether or not
6such housing satisfies the definition of a "qualified
7residential rental project" set forth in Section 142 of the
8Internal Revenue Code of 1986, as amended.
9    (k) Housing assisted by the Trust Fund shall be required
10to meet energy efficiency standards which shall be established
11by the Program Administrator. Any review for affordability of
12assisted housing must include a review of energy costs.
13    (l) Manufactured housing which is manufactured entirely
14within the State shall be given priority over housing
15manufactured in whole or in part outside of the State.
16    (m) It is intended that Trust Fund monies not be used to
17supplant existing resources and that the Trust Fund shall be a
18funder of last resort.
19    (n) Prior to application of Trust Fund assets to provide
20assistance to affordable housing under this Act, Trust Fund
21assets may be invested in mortgage participation certificates
22representing undivided interests in specified, first-lien
23conventional residential Illinois mortgages which are
24underwritten, insured, guaranteed or purchased by the Federal
25Home Loan Mortgage Corporation. Trust Fund assets may also be
26used in such investments as may be lawful for fiduciaries in

 

 

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1this State or in such investments which shall reduce the risk
2associated with fluctuations in interest rates or market price
3of investments.
4    (o) A tenant of a multifamily rental housing unit that is
5500 square feet or larger and has been acquired, constructed,
6or rehabilitated with any money from the Trust Fund after
7January 1, 2022 and that was designated for affordable housing
8for low and very low-income families shall be allowed to keep
9at least 2 cats or one dog that weighs under 50 pounds
10regardless of breed or height within the tenant's residence in
11accordance with any applicable State laws. This subsection
12does not apply to service animals or service animals in
13training or to any dog that has been deemed a dangerous or
14vicious dog as provided under the Animal Control Act. This
15subsection does not apply to supportive living facilities as
16described in Section 5-5.01a of the Illinois Public Aid Code
17or elderly housing. For purposes of this subsection, "elderly
18housing" means housing that is either: (i) intended for and
19solely occupied by persons age 62 or older; (ii) intended and
20operated for occupancy by at least one person age 55 years or
21older per unit, and at least 80% of the units within the
22elderly housing project are so occupied; or (iii) provided for
23under any State or federal program that the U.S. Department of
24Housing and Urban Development has determined is specifically
25designed and operated to assist elderly persons (as defined in
26the State or federal program).

 

 

SB0154 Enrolled- 8 -LRB102 10411 KTG 15738 b

1(Source: P.A. 89-286, eff. 8-10-95.)
 
2    (310 ILCS 65/18 new)
3    Sec. 18. Pets in affordable housing projects.
4    (a) The enforcement of policies relating to keeping a pet
5within a residence may include:
6        (1) compliance with noise and sanitation standards;
7        (2) registration of the common household pet with the
8    owner of the residential housing;
9        (3) restraint of the common household pet in common
10    areas of the residential housing;
11        (4) timely removal of common household pet excrement;
12        (5) vaccination and sterilization requirements; and
13        (6) enforcement of violations of the policy.
14    (b) A housing provider shall not be liable for injuries
15caused by an owner's common household pet permitted on the
16housing provider's property, except in cases of willful and
17wanton misconduct.
18    (c) Nothing in this Section shall be construed to limit or
19otherwise affect other statutes or laws that require
20reasonable accommodations to be made for an individual with a
21disability who maintains an animal to provide assistance,
22service, or support. Nothing in this Section shall be
23construed to apply to supportive living facilities as
24described in Section 5-5.01a of the Illinois Public Aid Code
25or elderly housing. For purposes of this subsection, "elderly

 

 

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1housing" means housing that is either: (i) intended for and
2solely occupied by persons age 62 or older; (ii) intended and
3operated for occupancy by at least one person age 55 years or
4older per unit, and at least 80% of the units within the
5elderly housing project are so occupied; or (iii) provided for
6under any State or federal program that the U.S. Department of
7Housing and Urban Development has determined is specifically
8designed and operated to assist elderly persons (as defined in
9the State or federal program).
 
10    Section 95. Applicability. The changes made by this Act
11apply to multifamily rental housing that is acquired,
12constructed, or rehabilitated after January 1, 2022 with money
13from the Illinois Affordable Housing Trust Fund.
 
14    Section 99. Effective date. This Act takes effect on
15January 1, 2022.