HB4439ham001 93RD GENERAL ASSEMBLY

Rep. Karen A. Yarbrough

Filed: 3/23/2004

09300HB4439ham001 LRB093 18234 WGH 48899 a

AMENDMENT TO HOUSE BILL 4439

AMENDMENT NO. ______. Amend House Bill 4439 on page 3, after line 35, by inserting the following:

"(I-5) Housing authority. "Housing authority" means either a housing authority created under the Housing Authorities Act or other government agency that is authorized by the United States government under the United States Housing Act of 1937 to administer a housing choice voucher program, or the authorized agent of such a housing authority that is authorized to act upon that authority's behalf."; and

on page 6, after line 4, by inserting the following:

"Nothing in this Section 3-102 or in any municipal or county ordinance described in Section 7-108 of this Act shall require a housing authority, its designated property manager, or any other housing authority agents or assigns of any housing development project in which 25% or more of the units are owned by a housing authority or subject to a leasing agreement, regulatory and operating agreement, or other similar instrument with a housing authority to lease or rent another unit of that same housing development project to an existing or prospective tenant who is receiving subsidies, payment assistance, contributions, or vouchers under or in connection with the federal Housing Choice Voucher (also known as Section 8) program (42 U.S.C. 1437f) for payment of part or all of the rent for the unit.

Nothing in this Section 3-102, except with respect to written statements prohibited by subdivision (F) of this Section, shall require or prevent any person whose property is located in a municipality with fewer than 1,000,000 inhabitants, and is in a concentrated census tract where 3% of the total housing stock in that census tract is occupied by tenants relying on subsidies, payment assistance, contributions, or vouchers under or in connection with the federal Housing Choice Voucher (also known as Section 8) program (42 U.S.C. 1437f) for payment of part of the rent for the unit to lease or rent a unit to a prospective tenant who is relying on such a subsidy, payment assistance, contribution, or voucher for payment of part or all of the rent for the unit. The housing authority shall determine which census tracts within its service area meet the concentrated census tract exemption requirements and annually deliver that information to the municipalities within its jurisdiction.

Nothing in this Section 3-102 prevents an owner or agent from taking into consideration factors other than lawful source of income such as credit history, criminal history, or references.".