093_HB0220ham001











                                     LRB093 04610 BDD 13960 a

 1                     AMENDMENT TO HOUSE BILL 220

 2        AMENDMENT NO.     .  Amend House Bill  220  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  1.  Short  title.  This Act may be cited as the
 5    Affordable Housing Planning and Appeal Act.

 6        Section 5.  Findings. The legislature finds and  declares
 7    that:
 8             (1)  there   exists   a   shortage   of  affordable,
 9        accessible, safe, and sanitary housing for low-income and
10        moderate-income households in the State;
11             (2)  it is imperative that action be taken to assure
12        the  availability  of  low-income   and   moderate-income
13        housing; and
14             (3)  local governments in the State that do not have
15        sufficient affordable housing are encouraged to assist in
16        providing    low-income   and   moderate-income   housing
17        opportunities to assure the health, safety,  and  welfare
18        of all citizens of the State.

19        Section  10.  Purpose.  The  purpose  of  this  Act is to
20    encourage  counties   and   municipalities   to   incorporate
21    affordable  housing  within their housing stock sufficient to
 
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 1    meet  the  needs  of  their  county  or  community.  Further,
 2    builders who construct affordable  housing  developments  who
 3    believe  that they have been unfairly treated due to the fact
 4    that the development contains affordable  housing  stock  may
 5    seek  relief  from  local ordinances and regulations that may
 6    inhibit the construction  of  affordable  housing  needed  to
 7    serve  low-income  and  moderate-income  households  in  this
 8    State.

 9        Section 15.  Definitions. As used in this Act:
10        "Affordable housing" means housing that has a sales price
11    or rental amount that is within the means of a household that
12    may  occupy  moderate-income,  low-income, or very low-income
13    housing. In the case of dwelling units for sale, housing that
14    is affordable means housing in which mortgage,  amortization,
15    taxes,  insurance,  and  condominium  or association fees, if
16    any,  constitute  no  more  than  30%  of  the  gross  annual
17    household income for a household of the size that may  occupy
18    the  unit.  In  the  case of dwelling units for rent, housing
19    that is affordable means  housing  for  which  the  rent  and
20    utilities  constitute  no  more  than 30% of the gross annual
21    household income for a household of the size that may  occupy
22    the unit.
23        "Affordable  housing developer" means a nonprofit entity,
24    limited equity  cooperative  or  public  agency,  or  private
25    individual,  firm,  corporation,  or  other entity seeking to
26    build an affordable housing development.
27        "Affordable housing development" means  (i)  any  housing
28    that is subsidized by the federal or State government or (ii)
29    any  housing  in which at least 20% of the dwelling units are
30    subject to covenants or restrictions that  require  that  the
31    dwelling units be sold or rented at prices that preserve them
32    as  affordable  housing for a period of at least 15 years, in
33    the case of for-sale housing, and at least 30 years,  in  the
 
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 1    case of rental housing.
 2        "Approving  authority"  means  the  governing body of the
 3    county or municipality.
 4        "Development"   means   any    building,    construction,
 5    renovation,  or  excavation or any material change in the use
 6    or appearance of any structure or in  the  land  itself;  the
 7    division of land into parcels; or any change in the intensity
 8    or use of land, such as an increase in the number of dwelling
 9    units in a structure or a change to a commercial use.
10        "Exempt  local  government" means any local government in
11    which at least 10% of its total year-round housing units  are
12    affordable, as determined by the Illinois Housing Development
13    Authority  pursuant  to  Section  20  of  this  Act;  or  any
14    municipality under 1,000 population.
15        "Household"  means  the  person  or  persons  occupying a
16    dwelling unit.
17        "Local government" means a county or municipality.
18        "Low-income housing" means housing  that  is  affordable,
19    according  to  the  federal  Department  of Housing and Urban
20    Development, for either home ownership or rental, and that is
21    occupied, reserved, or marketed for occupancy  by  households
22    with a gross household income that does not exceed 50% of the
23    median gross household income for households of the same size
24    within the county in which the housing is located.
25        "Moderate-income   housing"   means   housing   that   is
26    affordable,  according  to  the federal Department of Housing
27    and Urban Development, for either home ownership  or  rental,
28    and  that is occupied, reserved, or marketed for occupancy by
29    households with a gross household income that is greater than
30    50% but does not exceed 80% of  the  median  gross  household
31    income  for  households of the same size within the county in
32    which the housing is located.
33        "Non-appealable local government requirements" means  all
34    essential  requirements  that  protect  the public health and
 
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 1    safety, including any local building, electrical, or plumbing
 2    code requirements or those requirements that are critical  to
 3    the protection or preservation of the environment.

 4        Section 20.  Determination of exempt local governments.
 5        (a)  Beginning  January  1,  2006,  the  Illinois Housing
 6    Development Authority shall determine which local governments
 7    are exempt and not exempt from  the  operation  of  this  Act
 8    based  on an identification of the total number of year-round
 9    housing units in the most recent decennial  census  for  each
10    local  government  within  the  State  and by an inventory of
11    for-sale and rental affordable housing units, as  defined  in
12    this Act, for each local government from the decennial census
13    and other relevant sources.
14        (b)  The  Illinois  Housing  Development  Authority shall
15    make this determination by:
16             (i)  totaling the number of for-sale  housing  units
17        in   each   local   government  that  are  affordable  to
18        households with a gross household  income  that  is  less
19        than 80% of the median household income within the county
20        or primary metropolitan statistical area;
21             (ii)  totaling  the  number  of rental units in each
22        local government that are affordable to households with a
23        gross household income that  is  less  than  60%  of  the
24        median   household   income   within  county  or  primary
25        metropolitan statistical area;
26             (iii)  adding the  number  of  for-sale  and  rental
27        units  for each local government from items (i) and (ii);
28        and
29             (iv)  dividing the sum of (iii) above by  the  total
30        number   of   year-round   housing  units  in  the  local
31        government as contained in the  latest  decennial  census
32        and  multiplying  the  result  by  100  to  determine the
33        percentage  of  affordable  housing  units   within   the
 
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 1        jurisdiction of the local government.
 2        (c)  Beginning  January  1,  2006,  the  Illinois Housing
 3    Development Authority shall publish on an annual basis a list
 4    of exempt and non-exempt local governments and the data  that
 5    it  used  to  calculate  its determination. The data shall be
 6    shown for each local government in  the  State  and  for  the
 7    State as a whole.
 8        (d)  A   local  government  or  developer  of  affordable
 9    housing may appeal the determination of the Illinois  Housing
10    Development  Authority  as to whether the local government is
11    exempt or non-exempt under this Act  in  connection  with  an
12    appeal under Section 30 of this Act.

13        Section 25.  Affordable housing plan.
14        (a)   Prior   to  July  1,  2004,  all  non-exempt  local
15    governments must approve an affordable housing plan.
16        (b)  For the purposes of this Act, the affordable housing
17    plan shall consist of at least the following:
18             (i)  a statement of the total number  of  affordable
19        housing  units  that  are  necessary  to exempt the local
20        government from the operation of this Act as  defined  in
21        Section 15 and Section 20.
22             (ii)  an  identification  of  lands within the local
23        government that are most appropriate for the construction
24        of affordable housing and  of  existing  structures  most
25        appropriate  for  conversion  to,  or rehabilitation for,
26        affordable housing, including a  consideration  of  lands
27        and   structures  of  developers  who  have  expressed  a
28        commitment to provide affordable housing  and  lands  and
29        structures that are publicly or semi-publicly owned;
30             (iii)  incentives that local governments may provide
31        for the purpose of attracting affordable housing to their
32        jurisdiction; and
33             (iv)  a  goal  of  a  minimum  of  15%  of  all  new
 
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 1        development  or redevelopment within the local government
 2        that would be defined as affordable housing in this  Act;
 3        or  a  minimum  of  a  3 percentage point increase in the
 4        overall  percentage  of  affordable  housing  within  its
 5        jurisdiction, as defined in Section 20 of this Act; or  a
 6        minimum  of  a  total of 10% of affordable housing within
 7        its jurisdiction.
 8        (c)  Within 60 days after the adoption of  an  affordable
 9    housing plan or revisions to its affordable housing plan, the
10    local  government  must  submit  a  copy  of that plan to the
11    Illinois Housing Development Authority.

12        Section 30.  Appeal to State Housing Appeals Board.
13        (a)  Beginning January 1,  2006,  an  affordable  housing
14    developer whose application is either denied or approved with
15    conditions  that  in his or her judgment render the provision
16    of affordable housing infeasible may, within  45  days  after
17    the  decision,  submit  to  the  State  Housing Appeals Board
18    information regarding why the developer believes  he  or  she
19    was  unfairly  denied  or  conditions  were  placed  upon the
20    tentative  approval  of  the  development  unless  the  local
21    government that rendered the decision is exempt under Section
22    15 or Section 20 of this Act. The Board  shall  maintain  all
23    information forwarded to them by developers and shall compile
24    and   make   available   an  annual  report  summarizing  the
25    information thus received.
26        (b)  Beginning January 1,  2009,  an  affordable  housing
27    developer whose application is either denied or approved with
28    conditions  that  in his or her judgment render the provision
29    of affordable housing infeasible may, within  45  days  after
30    the  decision,  appeal  to  the  State  Housing Appeals Board
31    challenging that decision unless the municipality  or  county
32    that rendered the decision is exempt under Section 15 of this
33    Act.  The developer must submit information regarding why the
 
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 1    developer  believes  he  or  she  was  unfairly   denied   or
 2    conditions  was  placed  upon  the  tentative approval of the
 3    development.
 4        (c)  Beginning January 1, 2009, the Board shall render  a
 5    decision  on  the  appeal within 120 days after the appeal is
 6    filed. In its determination of an  appeal,  the  Board  shall
 7    conduct  a  de  novo  review  of the matter. In rendering its
 8    decision, the Board shall consider the facts and whether  the
 9    developer was treated in a manner that places an undue burden
10    on  the  development  due  to  the  fact that the development
11    contains affordable housing as defined in this Act. The Board
12    shall further consider any action taken by the unit of  local
13    government  in  regards to granting waivers or variances that
14    would have the effect of creating or prohibiting the economic
15    viability of the development. In any  proceeding  before  the
16    Board,  the  developer bears the burden of demonstrating that
17    he or she has been unfairly denied or  conditions  have  been
18    placed upon the tentative approval for the application for an
19    affordable housing development.
20        (d)  The Board shall dismiss any appeal if:
21             (i)  the  local government has adopted an affordable
22        housing plan as defined in Section 25  of  this  Act  and
23        submitted  that  plan to the Illinois Housing Development
24        Authority within the time frame required by this Act; and
25             (ii)  the  local  government  has  implemented   its
26        affordable   housing   plan  and  has  met  its  goal  as
27        established in their affordable housing plan  as  defined
28        in Section 25 of this Act.
29        (e)  The Board shall dismiss any appeal if the reason for
30    denying  the  application  or  placing  conditions  upon  the
31    approval  is  a  non-appealable  local government requirement
32    under Section 15 of this Act.
33        (f)  The  Board  may  affirm,  reverse,  or  modify   the
34    conditions  of,  or add conditions to, a decision made by the
 
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 1    approving authority. The decision of the Board constitutes an
 2    order directed to the approving authority and is  binding  on
 3    the local government, which shall forthwith issue any and all
 4    necessary   permits   and   approvals   consistent  with  the
 5    determination of the Board.
 6        (g)  The appellate court has the  exclusive  jurisdiction
 7    to review decisions of the Board.

 8        Section  40.  Nonresidential  development  as  part of an
 9    affordable housing development.
10        (a)  An  affordable  housing  developer  who  applies  to
11    develop property  that  contains  nonresidential  uses  in  a
12    nonresidential zoning district must designate either at least
13    50%  of the area or at least 50% of the square footage of the
14    development  for  residential  use.  Unless  adjacent  to   a
15    residential  development,  the nonresidential zoning district
16    shall not include property zoned  industrial.  The  applicant
17    bears  the burden of proof of demonstrating that the purposes
18    of a nonresidential zoning district will not be  impaired  by
19    the  construction  of housing in the zoning district and that
20    the  public  health  and  safety  of  the  residents  of  the
21    affordable  housing  will  not  be  adversely   affected   by
22    nonresidential  uses either in existence or permitted in that
23    zoning  district.  The  development   should   be   completed
24    simultaneously to the extent possible and shall be unified in
25    design.
26        (b)  For  purposes  of subsection (a), the square footage
27    of the  residential  portion  of  the  development  shall  be
28    measured  by  the  interior  floor  area  of  dwelling units,
29    excluding that portion that is unheated.  Square  footage  of
30    the  nonresidential  portion shall be calculated according to
31    the gross leasable area.

32        Section 50.  Housing Appeals Board.
 
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 1        (a)  Prior to July 1, 2006, a Housing Appeals Board shall
 2    be created consisting of 7 members appointed by the  Governor
 3    as follows:
 4             (1)  a circuit judge, who shall act as chairperson;
 5             (2)  a zoning board of appeals member;
 6             (3)  a planning board member;
 7             (4)  a mayor or municipal council or board member;
 8             (5)  a county board member;
 9             (6)  an affordable housing developer; and
10             (7)  an affordable housing advocate.
11        In   addition,  the  Chairman  of  the  Illinois  Housing
12    Development  Authority,  ex  officio,  shall   serve   as   a
13    non-voting member.
14        (b)  Initial   terms  of  4  members  designated  by  the
15    Governor shall be for 2 years. Initial  terms  of  3  members
16    designated by the Governor shall be for one year. Thereafter,
17    members  shall  be  appointed  for terms of 2 years. A member
18    shall receive no compensation for his or  her  services,  but
19    shall  be reimbursed by the State for all reasonable expenses
20    actually and necessarily incurred in the performance  of  his
21    or  her  official  duties. The board shall hear all petitions
22    for review  filed  under  this  Act  and  shall  conduct  all
23    hearings   in  accordance  with  the  rules  and  regulations
24    established  by  the  chairperson.   The   Illinois   Housing
25    Development  Authority  shall  provide space and clerical and
26    other assistance that the Board may require.
27        (c)  The Board may adopt such other rules and regulations
28    as it deems  necessary  and  appropriate  to  carry  out  its
29    responsibilities  under  this Act and to provide direction to
30    local governments and affordable housing developers."