Full Text of SB2921 93rd General Assembly
SB2921 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB2921
Introduced 2/6/2004, by John J. Cullerton SYNOPSIS AS INTRODUCED: |
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310 ILCS 10/25 |
from Ch. 67 1/2, par. 25 |
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Amends the Housing
Authorities Act. Provides that a housing authority may refuse to certify or
recertify applicants, current tenants, or other household members (instead of
refuse to renew the tenancy of any person) under certain conditions, including
a person's conviction of a criminal offense relating to the sale or
distribution of controlled substances.
Eliminates a provision concerning confirmation of conviction data by a
fingerprint-based criminal history records check, and provides instead that if
a housing authority desires a criminal history records check of all 50 states
or a 50-state confirmation of a conviction record, the authority shall submit
the fingerprints of the relevant applicant, tenant, or other household member
to the Department of State Police in a manner prescribed by the
Department of State Police. Effective immediately.
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A BILL FOR
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SB2921 |
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LRB093 21040 DRJ 47058 b |
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| AN ACT concerning housing.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Housing Authorities Act is amended by | 5 |
| changing Section 25 as
follows:
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| (310 ILCS 10/25)
(from Ch. 67 1/2, par. 25)
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| Sec. 25. Rentals and tenant selection. In the operation or | 8 |
| management
of housing projects an Authority
shall at all times | 9 |
| observe the following duties with respect to rentals and
tenant | 10 |
| selection:
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| (a) It shall not accept any person as a tenant in any
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| dwelling in a housing project if the persons who would occupy | 13 |
| the dwelling
have an aggregate annual income which equals or | 14 |
| exceeds the amount which
the Authority determines (which | 15 |
| determination shall be conclusive) to be
necessary in order to | 16 |
| enable such persons to secure safe, sanitary and
uncongested | 17 |
| dwelling accommodations within the area of operation of the
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| Authority and to provide an adequate standard of living for | 19 |
| themselves.
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| (b) It may rent or lease the dwelling accommodations | 21 |
| therein only at rentals
within the financial reach of persons | 22 |
| who lack the amount of income which
it determines (pursuant to | 23 |
| (a) of this Section) to be necessary in order to
obtain safe, | 24 |
| sanitary and uncongested dwelling accommodations within the
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| area of operation of the Authority and to provide an adequate | 26 |
| standard of
living.
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| (c) It may rent or lease to a tenant a dwelling consisting | 28 |
| of the
number of rooms (but no greater number) which it deems | 29 |
| necessary to provide
safe and sanitary accommodations to the | 30 |
| proposed occupants thereof, without
overcrowding.
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| (d) It shall not change the residency preference of any | 32 |
| prospective
tenant once the application has been accepted by |
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SB2921 |
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LRB093 21040 DRJ 47058 b |
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| the authority.
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| (e) It may refuse to certify or recertify applicants, | 3 |
| current tenants, or
other household members
renew the tenancy | 4 |
| of
any person if, after due notice
and an impartial hearing, | 5 |
| that person or any of the proposed occupants of
the dwelling | 6 |
| has, prior to or during a term of tenancy or occupancy in any
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| housing
project operated by an Authority, been convicted of a | 8 |
| criminal offense
relating to the sale or distribution of | 9 |
| controlled
substances under the
laws of this State, the United | 10 |
| States or any other state.
If an Authority desires a criminal | 11 |
| history records check of all 50 states
or a 50-state | 12 |
| confirmation of a conviction record, the Authority shall submit
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| the fingerprints of the relevant applicant, tenant, or other | 14 |
| household member
to the Department of State Police in a manner | 15 |
| prescribed by the Department of
State Police.
Confirmation of | 16 |
| conviction data shall be determined by a
fingerprint based
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| criminal history records check.
In such cases, the tenant or
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| proposed occupant to whom the disqualifying conviction record | 19 |
| belongs shall
have his or her fingerprints submitted to the | 20 |
| Department of State Police in the
form and manner prescribed by | 21 |
| the Department of State Police. These
fingerprints shall be | 22 |
| checked against the fingerprint records now and hereafter
filed | 23 |
| in the
Department of State Police and
Federal Bureau of | 24 |
| Investigation criminal history records databases.
The | 25 |
| Department of State Police shall charge a fee
for conducting | 26 |
| the criminal history records check, which shall be deposited in
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| the State Police Services Fund and shall not exceed the actual | 28 |
| cost of the
records check. The Department of State Police shall | 29 |
| furnish pursuant to
positive identification, records of | 30 |
| conviction to the Authority.
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| (f) It may, if a tenant has created or maintained a threat
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| constituting a serious and clear danger to the health or safety | 33 |
| of other
tenants or Authority employees, after 3 days' written | 34 |
| notice
of termination and without a hearing, file suit against | 35 |
| any such tenant for
recovery of possession of the premises. The | 36 |
| tenant shall be given the
opportunity to contest the |
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LRB093 21040 DRJ 47058 b |
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| termination in the court proceedings. A serious
and clear | 2 |
| danger to the health or safety of other tenants or Authority
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| employees shall include, but not be limited to, any of the | 4 |
| following
activities of the tenant or of any other person on | 5 |
| the premises with the
consent of the tenant:
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| (1) Physical assault or the threat of physical assault.
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| (2) Illegal use of a firearm or other weapon or the | 8 |
| threat to use in
an illegal manner a firearm or other | 9 |
| weapon.
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| (3) Possession of a controlled substance by the tenant | 11 |
| or any other person
on the premises with the consent of the | 12 |
| tenant if the tenant knew or should
have known of the | 13 |
| possession by the other person of a controlled
substance, | 14 |
| unless the controlled substance was obtained
directly from | 15 |
| or pursuant to a valid prescription.
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| (4) Streetgang membership as defined in the Illinois
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| Streetgang Terrorism Omnibus Prevention Act.
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| The management of low-rent public housing projects | 19 |
| financed and developed
under the U.S. Housing Act of 1937 shall
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| be in accordance with that Act.
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| Nothing contained in this Section or any other Section of | 22 |
| this Act shall
be construed as limiting the power of an | 23 |
| Authority to vest in a bondholder
or trustee the right, in the | 24 |
| event of a default by the Authority, to take
possession and | 25 |
| operate a housing project or cause the appointment of a
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| receiver thereof, free from all restrictions imposed by this | 27 |
| Section or any
other Section of this Act.
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| (Source: P.A. 93-418, eff. 1-1-04.)
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| Section 99. Effective date. This Act takes effect upon | 30 |
| becoming law.
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