093_SB0414enr

 
SB414 Enrolled                       LRB093 07873 DRJ 08063 b

 1        AN ACT in relation to housing.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Housing Authorities  Act  is  amended  by
 5    changing Section 3 as follows:

 6        (310 ILCS 10/3) (from Ch. 67 1/2, par. 3)
 7        Sec.  3.  The  governing  body  of  any  city, village or
 8    incorporated town having more than 25,000 inhabitants, or  of
 9    any  county of this State, may, by resolution, determine that
10    there is need for a housing authority in the  city,  village,
11    incorporated  town  or county.  Upon adoption, the resolution
12    shall  be  forwarded  to  the  Department  together  with   a
13    statement  of  reasons or findings supporting the resolution.
14    The Department shall thereupon issue  a  certificate  to  the
15    presiding  officer of the city, village, incorporated town or
16    county for the creation of an authority if it shall find  (a)
17    that  unsanitary  or unsafe inhabited dwelling accommodations
18    exist in the city, village, incorporated town or county,  and
19    (b)  that  there  is  a  shortage  of  safe  or  sanitary and
20    affordable dwelling  accommodations  in  the  city,  village,
21    incorporated town or county available to persons who lack the
22    amount  of  income  which  is necessary (as determined by the
23    Department) to enable them without  financial  assistance  to
24    live  in  decent,  safe and sanitary and affordable dwellings
25    without  over-crowding.   In  determining  whether   dwelling
26    accommodations  are  unsafe  or unsanitary the Department may
27    take into consideration  the  degree  of  over-crowding,  the
28    percentage of land coverage, the light, air, space and access
29    available to the inhabitants of such dwelling accommodations,
30    the   size   and  arrangement  of  the  rooms,  the  sanitary
31    facilities and the extent to which conditions  exist  in  the
 
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 1    buildings  which  endanger  life or property by fire or other
 2    causes. In making its determination, the Department may  also
 3    consider  whether  or  not  the  needs  of  the applicant are
 4    currently being met by an  existing  housing  authority.  The
 5    Department  may  also  take into consideration whether or not
 6    the  creation  of  a  new  housing  authority  would  be   an
 7    unnecessary duplication of services.
 8        As  soon  as possible after the issuance of a certificate
 9    by the Department the presiding officer of the city, village,
10    incorporated town or county shall appoint, with the  approval
11    of  the  governing  body  of  the unit of local government, 5
12    commissioners with initial terms of 1, 2, 3, 4, and 5  years,
13    except as follows:
14             (i)  for  the  Housing Authority in any municipality
15        having over 500,000 inhabitants,  the  presiding  officer
16        shall  appoint  7  commissioners, with initial terms of 4
17        and 5 years for the 2 additional commissioners authorized
18        and appointed under this amendatory Act of 1982, and  the
19        presiding  officer  shall  designate  one commissioner as
20        Chairman of the Authority; and
21             (ii)  if a county has at least 80,000 but fewer than
22        90,000  inhabitants  according  to   the   1990   federal
23        decennial  census,  then  the  Housing  Authority  in any
24        municipality in  the  county  may  have  7  commissioners
25        appointed  by  the presiding officer of the municipality,
26        with initial terms of 4 and 5 years for the 2  additional
27        commissioners authorized and appointed in accordance with
28        this amendatory Act of 1993;
29             (iii)  if  a  county  has at least 170,000 but fewer
30        than 500,000 inhabitants, according to the  1990  Federal
31        decennial census, then the county board may, with respect
32        to one or more commissioners, cede powers of appointment,
33        confirmation,  and  removal of those commissioners to one
34        or   more   municipalities   within   the    county    by
 
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 1        intergovernmental agreement; and
 2             (iv)  for   any   Housing  Authority  the  presiding
 3        officer may appoint 7 commissioners, with  initial  terms
 4        of  4  and  5  years  for  the 2 additional commissioners
 5        authorized and appointed under this amendatory Act of the
 6        91st General Assembly.
 7        In cases where a county of more  than  500,000  but  less
 8    than  3  million  population  is  the area of operation of an
 9    Authority, the presiding officer of the county board  of  the
10    county   shall   appoint   7  commissioners  to  the  housing
11    authority, 2 of whom may be members  of  that  county  board.
12    The  county  members  appointed  to  the Authority under this
13    Section shall serve such term or until termination  of  their
14    county  board  service,  whichever  first  occurs.   Upon the
15    approval by the  governing  body  of  the  appointments,  the
16    presiding   officer   shall   cause  a  certificate  of  such
17    appointments and of its approval thereof to be filed  in  the
18    office  in  which  deeds of property in the area of operation
19    are recorded, and upon filing the persons  so  appointed  and
20    approved shall be fully constituted an Authority.
21        At  the  expiration of the term of each commissioner, and
22    of each  succeeding  commissioner,  or  in  the  event  of  a
23    vacancy,  the presiding officer shall appoint a commissioner,
24    subject to the approval of the governing body  as  aforesaid,
25    to  hold  office,  in the case of a vacancy for the unexpired
26    term, or in the case of expiration for a term of five  years,
27    or   until  his  successor  shall  have  been  appointed  and
28    qualified.  Each appointment  shall  be  effective  upon  the
29    filing   by   the  presiding  officer  of  a  certificate  of
30    appointment in the office of the Recorder  of  Deeds  in  the
31    County where the Authority is located.
32        In  case  a  county  is  the  area  of  operation  of  an
33    Authority,  the area shall not be deemed to include any city,
34    village, or incorporated town within the county within  which
 
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 1    an Authority at that time exists.  If thereafter an Authority
 2    is   organized   with   respect  to  any  city,  village,  or
 3    incorporated town within the  county,  the  county  Authority
 4    shall  have  no  power to initiate any further project within
 5    the city, village, or incorporated town.  However,  if  there
 6    are  any  existing  projects  within  the  city,  village  or
 7    incorporated  town currently owned and operated by the county
 8    Authority  they  shall  remain  in  the  county   Authority's
 9    ownership, custody and control.
10        Every  commissioner  shall  be  a resident of the area of
11    operation of the Authority; provided, that in respect  to  an
12    Authority  created  for  a  county,  residence  in  any city,
13    village or incorporated town within such county shall not  be
14    a disqualification for appointment as a Commissioner for such
15    county  Authority  notwithstanding that such city, village or
16    incorporated town may be excluded from the area of  operation
17    of  such  Authority.  Any public officer shall be eligible to
18    serve as a commissioner, and the acceptance of appointment as
19    such shall not terminate nor impair his  public  office,  the
20    provision of any statute to the contrary notwithstanding; but
21    no  member  of the Department shall be eligible to serve as a
22    commissioner, nor shall more  than  two  public  officers  be
23    commissioners  of  the  same Authority at one time; Provided,
24    that membership on any Authority at the  same  time  of  more
25    than  two  public  officers  shall  not  affect or impair the
26    validity of any Act undertaken  or  power  exercised  by  the
27    Authority  pursuant  to  Law.   The  term "public officer" as
28    herein  used  means  a  person  holding  a  state  or   local
29    governmental  office  required  to  be  filled by the vote of
30    electors, and for which provision is  made  by  law  for  the
31    payment of annual compensation from public funds.
32        Except  as otherwise provided, all provisions of this Act
33    shall apply to a Housing Authority established for more  than
34    one county, and, unless the context shall otherwise indicate,
 
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 1    the  word county shall be construed also to mean counties. An
 2    Authority may subsequently be established separately for  any
 3    one  or  more  counties, by compliance with the terms of this
 4    Act, and, if an Authority is established, it shall take  over
 5    all  property and obligations, within the county or counties,
 6    of the Authority previously including it or them  within  its
 7    area  of  operation,  and the Authority shall have no further
 8    jurisdiction within the territory of the county or  counties,
 9    but  nothing  herein  shall  affect  the  power  of a Housing
10    Authority to  operate  outside  its  area  of  operation,  as
11    provided  by  Section  30. Subsection (b) of Section 17 shall
12    apply to a Housing Authority created under the provisions  of
13    this  Section.   In  all  cases  in which a Housing Authority
14    embraces the territory of more than one county,  each  county
15    shall  have,  within  its  territory, the powers conferred by
16    Section 29, and by the Housing Cooperation Law.
17        In addition to the commissioners  provided  for  in  this
18    Section,   there   are   created  3  additional  commissioner
19    positions for each housing authority  of  a  municipality  of
20    more   than   1,000,000   inhabitants.   Two   of  these  new
21    commissioners, with  initial  terms  of  5  years,  shall  be
22    appointed from current residents of the housing authority and
23    shall  be  appointed  from a list presented to the appointing
24    authority by official tenants' associations of  residents  of
25    the  housing authority.  A tenants' association is "official"
26    if   it   satisfies   the   requirements   of   a    Resident
27    Council/Resident       Organization/Resident       Management
28    Organization established by the federal Department of Housing
29    and  Urban  Development.  The third new commissioner shall be
30    appointed by the appointing authority from  the  officers  of
31    the  official  tenants'  associations  of  residents  of  the
32    housing  authority.   The term of this new commissioner shall
33    commence no later than 90 days  after  the  election  of  the
34    officers  of  the official tenants' associations of residents
 
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 1    and after appointment by the appointing authority  and  shall
 2    terminate  after the appointment of a new commissioner by the
 3    appointing authority.  This  paragraph  shall  not  apply  to
 4    housing   authorities  in  jurisdictions  where  no  official
 5    tenants' associations exist.  However, upon the  creation  of
 6    an official association, the new commissioner positions shall
 7    be created 6 months thereafter.
 8        Each  tenants'  association shall determine the method of
 9    choosing  residents  to  be  recommended   for   appointment.
10    Tenants'  associations  may  act  in  unison  in recommending
11    residents for appointment.
12        In units of  local  government  of  more  than  1,000,000
13    inhabitants,  each tenants' association shall submit not more
14    than 2 residents for consideration.  If associations  act  in
15    unison,  they  may  submit  a number representing 2 names for
16    each association.  The appointing authority  shall  make  the
17    appointments within 45 days of receiving the recommendations.
18        A  Housing Authority created under the preceding terms of
19    this Section shall be designated as the Housing Authority  of
20    the  city,  village,  incorporated  town,  county,  or of the
21    several counties within its area of operation.
22        Any 2 or more home rule municipalities  within  the  same
23    county  may  create  a housing authority by intergovernmental
24    agreement.   The  agreement  shall  be  for   an   indefinite
25    duration.   If  a  housing  authority is created by 2 or more
26    home rule municipalities under this  paragraph,  appointments
27    and confirmation of commissioners to the board and removal of
28    commissioners  from  the  board shall be made as set forth in
29    the agreement.  The agreement may  include,  in  addition  to
30    other  terms  and  conditions  governing the operation of the
31    board, provisions that increase the number  of  commissioners
32    otherwise  authorized by this Act to a number no greater than
33    9.  The agreement also may provide for  staggered  terms  for
34    the  commissioners  and  for the length of the commissioners'
 
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 1    initial terms. An intergovernmental agreement  between  2  or
 2    more  home  rule  municipalities creating a housing authority
 3    may include other terms the  municipalities  deem  desirable.
 4    The  terms  may  include reporting and oversight requirements
 5    binding on the housing authority board  agreed  upon  by  the
 6    parties.    This  paragraph  shall  not  be  construed  as  a
 7    limitation on home rule municipalities.
 8    (Source: P.A. 91-218, eff. 7-20-99.)