Full Text of SB1980 101st General Assembly
SB1980ham002 101ST GENERAL ASSEMBLY | Rep. Sonya M. Harper Filed: 1/11/2021
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| 1 | | AMENDMENT TO SENATE BILL 1980
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1980 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Article 1. | 5 | | Section 1-5. The Property Tax Code is amended by changing | 6 | | Sections 21-295, 21-310, 21-355 as follows:
| 7 | | (35 ILCS 200/21-295)
| 8 | | Sec. 21-295. Creation of indemnity fund.
| 9 | | (a) In counties of less than 3,000,000 inhabitants, each | 10 | | person
purchasing any property at a sale under this Code shall | 11 | | pay
to the County Collector, prior to the issuance of any | 12 | | certificate of purchase,
an indemnity fee set by the county | 13 | | collector of not more than $20 for each item purchased. A like | 14 | | sum shall be paid for each year
that all or a portion of
| 15 | | subsequent taxes are paid by the tax purchaser
and posted to
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| 1 | | the tax judgment, sale, redemption and forfeiture record where | 2 | | the underlying
certificate of purchase is recorded.
| 3 | | (a-5) In counties of 3,000,000 or more inhabitants, each | 4 | | person purchasing
property at a
sale under this Code shall pay | 5 | | to the County Collector a
nonrefundable fee of $80
for each | 6 | | item purchased plus an additional sum equal to 5% of taxes,
| 7 | | interest, and penalties paid by the purchaser, including the | 8 | | taxes,
interest, and penalties paid
under Section 21-240. In | 9 | | these counties, the certificate holder shall also pay
to the | 10 | | County Collector a fee of $80 for each year that all or a | 11 | | portion of
subsequent taxes are paid by the tax purchaser and | 12 | | posted to the tax judgment,
sale, redemption, and forfeiture | 13 | | record , plus an additional sum equal to 5% of
all subsequent | 14 | | taxes, interest, and penalties. The additional 5% fees are not | 15 | | required after December 31, 2006 .
The changes to this | 16 | | subsection made by this amendatory Act of the 91st
General | 17 | | Assembly are not a new enactment, but declaratory of existing | 18 | | law.
| 19 | | (b) The amount paid prior to issuance of the certificate of | 20 | | purchase
pursuant to subsection (a) or (a-5) shall be included | 21 | | in the purchase price of
the property in the
certificate of | 22 | | purchase and all amounts paid under this Section shall be
| 23 | | included in the amount
required to redeem under Section 21-355 , | 24 | | except for the nonrefundable $80 fee for each item purchased at | 25 | | the tax sale as provided in this Section .
Except as otherwise | 26 | | provided in subsection (b) of Section 21-300, all
money |
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| 1 | | received under subsection (a) or (a-5) shall be paid by the | 2 | | Collector
to the
County Treasurer of the County in which the | 3 | | land is situated, for the purpose
of an indemnity fund. The | 4 | | County Treasurer, as trustee of that fund, shall
invest all of | 5 | | that fund, principal and income, in his or her hands from time | 6 | | to
time, if not immediately required for payments of | 7 | | indemnities under subsection
(a) of Section 21-305, in | 8 | | investments permitted by the Illinois State Board of
Investment | 9 | | under Article 22A of the Illinois Pension Code. The county
| 10 | | collector shall report annually to the county clerk on the | 11 | | condition and
income of the fund. The indemnity fund shall be | 12 | | held to satisfy judgments
obtained against the County | 13 | | Treasurer, as trustee of the fund. No payment shall
be made | 14 | | from the fund, except upon a judgment of the court which | 15 | | ordered the
issuance of a tax deed.
| 16 | | (Source: P.A. 100-1070, eff. 1-1-19 .)
| 17 | | (35 ILCS 200/21-310)
| 18 | | Sec. 21-310. Sales in error.
| 19 | | (a) When, upon application of the county collector, the | 20 | | owner of the
certificate of purchase, or a
municipality which | 21 | | owns or has owned the property ordered sold, it appears to
the | 22 | | satisfaction of the court which ordered the property sold that | 23 | | any of the
following subsections are applicable, the court | 24 | | shall declare the sale to be a
sale in error:
| 25 | | (1) the property was not subject to taxation, or all or |
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| 1 | | any part of the
lien of taxes sold has become null and void | 2 | | pursuant to Section 21-95
or unenforceable pursuant to | 3 | | subsection (c) of Section 18-250 or subsection
(b) of | 4 | | Section 22-40,
| 5 | | (2) the taxes or special assessments had been paid | 6 | | prior to the sale of
the property,
| 7 | | (3) there is a double assessment,
| 8 | | (4) the description is void for uncertainty,
| 9 | | (5) the assessor, chief county assessment officer, | 10 | | board of review,
board of appeals, or other county official | 11 | | has made an error (other than an
error of judgment as to
| 12 | | the value of any property),
| 13 | | (5.5) the owner of the homestead property had tendered | 14 | | timely and full
payment to the county collector that the | 15 | | owner reasonably believed was due and
owing on the | 16 | | homestead property, and the county collector did not apply | 17 | | the
payment to the homestead property; provided that this | 18 | | provision applies only to
homeowners, not their agents or | 19 | | third-party payors,
| 20 | | (6) prior to the tax sale a voluntary or involuntary | 21 | | petition has been
filed by or against the legal or | 22 | | beneficial owner of the property requesting
relief under | 23 | | the provisions of 11 U.S.C. Chapter 7, 11, 12, or 13,
| 24 | | (7) the property is owned by the United States, the | 25 | | State of Illinois,
a municipality, or a
taxing district, or | 26 | | (8) the owner of the property is a reservist or |
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| 1 | | guardsperson who is granted an extension of his or her due | 2 | | date under Sections 21-15, 21-20, and 21-25 of this Act.
| 3 | | (b) When, upon application of the owner of the certificate | 4 | | of purchase
only, it appears to the satisfaction of the court | 5 | | which ordered the property
sold that any of the following | 6 | | subsections are applicable, the court shall
declare the sale to | 7 | | be a sale in error:
| 8 | | (1) A voluntary or involuntary petition under the | 9 | | provisions of 11
U.S.C. Chapter 7, 11, 12, or 13 has been | 10 | | filed
subsequent to the tax sale and prior to the issuance | 11 | | of the tax deed.
| 12 | | (2) The improvements upon the property sold have been | 13 | | substantially
destroyed or rendered uninhabitable or | 14 | | otherwise unfit for occupancy subsequent
to the tax sale | 15 | | and prior to the issuance of the tax deed; however, if the | 16 | | court declares a sale in error under this paragraph (2), | 17 | | the court may order the holder of the certificate of | 18 | | purchase to assign the certificate to the county collector | 19 | | if requested by the county collector. The county collector | 20 | | may, upon request of the county, as trustee, or upon | 21 | | request of a taxing district having an interest in the | 22 | | taxes sold, further assign any certificate of purchase | 23 | | received pursuant to this paragraph (2) to the county | 24 | | acting as trustee for taxing districts pursuant to Section | 25 | | 21-90 of this Code or to the taxing district having an | 26 | | interest in the taxes sold.
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| 1 | | (3) There is an interest held by the United States in | 2 | | the property sold
which could not be extinguished by the | 3 | | tax deed.
| 4 | | (4) The real property contains a hazardous
substance, | 5 | | hazardous waste, or underground storage tank that would
| 6 | | require cleanup or other removal under any federal,
State, | 7 | | or local law, ordinance, or regulation, only if the tax | 8 | | purchaser
purchased the property without actual knowledge | 9 | | of the hazardous substance,
hazardous waste, or | 10 | | underground storage tank. This paragraph (4) applies only | 11 | | if the owner of the
certificate of purchase has made | 12 | | application for a sale in error at any time
before the | 13 | | issuance of a tax deed. If the court declares a sale in | 14 | | error under this paragraph (4), the court may order the | 15 | | holder of the certificate of purchase to assign the | 16 | | certificate to the county collector if requested by the | 17 | | county collector. The county collector may, upon request of | 18 | | the county, as trustee, or upon request of a taxing | 19 | | district having an interest in the taxes sold, further | 20 | | assign any certificate of purchase received pursuant to | 21 | | this paragraph (4) to the county acting as trustee for | 22 | | taxing districts pursuant to Section 21-90 of this Code or | 23 | | to the taxing district having an interest in the taxes | 24 | | sold.
| 25 | | Whenever a court declares a sale in error under this | 26 | | subsection (b), the court shall promptly notify the county |
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| 1 | | collector in writing. Every such declaration pursuant to any | 2 | | provision of this subsection (b) shall be made within the | 3 | | proceeding in which the tax sale was authorized. | 4 | | (c) When the county collector discovers, prior to the | 5 | | expiration of the period of redemption, that a tax sale
should | 6 | | not have occurred for one or more of the reasons set forth in
| 7 | | subdivision (a)(1), (a)(2), (a)(6), or (a)(7) of this Section, | 8 | | the county
collector shall notify the last known owner of the | 9 | | certificate of purchase by
certified and regular mail, or other | 10 | | means reasonably calculated to provide
actual notice, that the | 11 | | county collector intends to declare an administrative
sale in | 12 | | error and of the reasons therefor, including documentation | 13 | | sufficient
to establish the reason why the sale should not have | 14 | | occurred. The owner of the
certificate of purchase may object | 15 | | in writing within 28 days after the date of
the mailing by the | 16 | | county collector. If an objection is filed, the county
| 17 | | collector shall not administratively declare a sale in error, | 18 | | but may apply to
the circuit court for a sale in error as | 19 | | provided in subsection (a) of this
Section. Thirty days | 20 | | following the receipt of notice by the last known owner of
the | 21 | | certificate of purchase, or within a reasonable time | 22 | | thereafter, the county
collector shall make a written | 23 | | declaration, based upon clear and convincing
evidence, that the | 24 | | taxes were sold in error and shall deliver a copy thereof to
| 25 | | the county clerk within 30 days after the date the declaration | 26 | | is made for
entry in the tax judgment, sale, redemption, and |
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| 1 | | forfeiture record pursuant to
subsection (d) of this Section. | 2 | | The county collector shall promptly notify the
last known owner | 3 | | of the certificate of purchase of the declaration by regular
| 4 | | mail and shall promptly pay the amount of the tax sale, | 5 | | together with interest
and costs as provided in Section 21-315, | 6 | | upon surrender of the original
certificate of purchase.
| 7 | | (d) If a sale is declared to be a sale in error, the county
| 8 | | clerk shall make entry in the tax judgment, sale, redemption | 9 | | and
forfeiture record, that the property was erroneously sold, | 10 | | and the county
collector shall, on demand of the owner of the | 11 | | certificate of purchase, refund
the amount paid, except for the | 12 | | nonrefundable $80 fee paid, pursuant to Section 21-295, for | 13 | | each item purchased at the tax sale, pay any interest and costs | 14 | | as may be ordered under Sections
21-315 through 21-335, and | 15 | | cancel the certificate so far as it relates to the
property. | 16 | | The county collector shall deduct from the accounts of the
| 17 | | appropriate taxing bodies their pro rata amounts paid. | 18 | | Alternatively, for sales in error declared under subsection | 19 | | (b)(2) or (b)(4), the county collector may request the circuit | 20 | | court to direct the county clerk to record any assignment of | 21 | | the tax certificate to or from the county collector without | 22 | | charging a fee for the assignment. The owner of the certificate | 23 | | of purchase shall receive all statutory refunds and payments. | 24 | | The county collector shall deduct costs and payments in the | 25 | | same manner as if a sale in error had occurred.
| 26 | | (Source: P.A. 100-890, eff. 1-1-19; 101-379, eff. 1-1-20 .)
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| 1 | | (35 ILCS 200/21-355)
| 2 | | Sec. 21-355. Amount of redemption. Any person desiring to | 3 | | redeem shall
deposit an amount specified in this Section with | 4 | | the county clerk of the
county in which the property is | 5 | | situated,
in legal money of the United States, or by cashier's | 6 | | check, certified check,
post office money order or money order | 7 | | issued by a financial institution
insured by an agency or | 8 | | instrumentality of the United States, payable to the
county | 9 | | clerk of the proper county. The deposit shall be deemed timely | 10 | | only
if actually received in person at the county clerk's | 11 | | office prior to the close
of business as defined in Section | 12 | | 3-2007 of the Counties Code on or before the
expiration of the | 13 | | period of redemption or by United
States mail with a post | 14 | | office cancellation mark dated not less than one day
prior to | 15 | | the expiration of the period of redemption. The deposit shall
| 16 | | be
in an amount equal to the total of the
following:
| 17 | | (a) the certificate amount, which shall include all tax | 18 | | principal,
special assessments, interest and penalties | 19 | | paid by the tax purchaser together
with costs and fees of | 20 | | sale and fees paid under Sections 21-295 and 21-315
through | 21 | | 21-335 , except for the nonrefundable $80 fee paid, pursuant | 22 | | to Section 21-295, for each item purchased at the tax sale ;
| 23 | | (b) the accrued penalty, computed through the date of | 24 | | redemption as a
percentage of the certificate amount, as | 25 | | follows:
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| 1 | | (1) if the redemption occurs on or before the | 2 | | expiration of 6 months
from the date of sale, the | 3 | | certificate amount times the penalty bid at sale;
| 4 | | (2) if the redemption occurs after 6 months from | 5 | | the date of sale,
and on or before the expiration of 12 | 6 | | months from the date of sale, the
certificate amount | 7 | | times 2 times the penalty bid at sale;
| 8 | | (3) if the redemption occurs after 12 months from | 9 | | the date of sale
and on or before the expiration of 18 | 10 | | months from the date of sale, the
certificate amount | 11 | | times 3 times the penalty bid at sale;
| 12 | | (4) if the redemption occurs after 18 months from | 13 | | the date
of sale and on or before the expiration of 24 | 14 | | months from the date of sale,
the certificate amount | 15 | | times 4 times the penalty bid at sale;
| 16 | | (5) if the redemption occurs after 24 months from | 17 | | the date of sale
and on or before the expiration of 30 | 18 | | months from the date of sale, the
certificate amount | 19 | | times 5 times the penalty bid at sale;
| 20 | | (6) if the redemption occurs after 30 months from | 21 | | the date of sale
and on or before the expiration of 36 | 22 | | months from the date of sale, the
certificate amount | 23 | | times 6 times the penalty bid at sale.
| 24 | | In the event that the property to be redeemed has | 25 | | been purchased
under Section 21-405, the penalty bid | 26 | | shall be 12% per penalty
period as set forth in |
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| 1 | | subparagraphs (1) through (6) of this subsection (b).
| 2 | | The changes to this subdivision (b)(6) made by this | 3 | | amendatory Act of the
91st General Assembly are not a | 4 | | new enactment, but declaratory of existing
law.
| 5 | | (c) The total of all taxes, special assessments, | 6 | | accrued interest on those
taxes and special assessments and | 7 | | costs charged in connection with the payment
of those taxes | 8 | | or special assessments, except for the nonrefundable $80 | 9 | | fee paid, pursuant to Section 21-295, for each item | 10 | | purchased at the tax sale, which have been paid by the tax
| 11 | | certificate holder on or after the date those taxes or | 12 | | special assessments
became delinquent together with 12% | 13 | | penalty on each amount so paid for each
year or portion | 14 | | thereof intervening between the date of that payment and | 15 | | the
date of redemption.
In counties with less than | 16 | | 3,000,000 inhabitants, however, a tax certificate
holder | 17 | | may not pay
all or part of an installment of a subsequent | 18 | | tax or special assessment for any
year, nor shall any
| 19 | | tender of such a payment be accepted, until after the | 20 | | second or final
installment
of the subsequent tax or | 21 | | special assessment has become delinquent
or until after the
| 22 | | holder of the certificate of purchase has filed a petition | 23 | | for a tax deed under
Section 22.30.
The person
redeeming | 24 | | shall also pay the amount of interest charged on the | 25 | | subsequent tax
or special assessment and paid as a penalty | 26 | | by the tax certificate holder.
This amendatory Act of
1995 |
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| 1 | | applies to tax years beginning with the 1995 taxes, payable | 2 | | in 1996, and
thereafter.
| 3 | | (d) Any amount paid to redeem a forfeiture occurring | 4 | | subsequent to the
tax sale together with 12% penalty | 5 | | thereon for each year or portion thereof
intervening | 6 | | between the date of the forfeiture redemption and the date | 7 | | of
redemption from the sale.
| 8 | | (e) Any amount paid by the certificate holder for | 9 | | redemption of a
subsequently occurring tax sale.
| 10 | | (f) All fees paid to the county clerk under Section | 11 | | 22-5.
| 12 | | (g) All fees paid to the registrar of titles incident | 13 | | to registering
the tax certificate in compliance with the | 14 | | Registered Titles (Torrens) Act.
| 15 | | (h) All fees paid to the circuit clerk and the sheriff, | 16 | | a licensed or registered private detective, or the
coroner | 17 | | in connection with the filing of the petition for tax deed | 18 | | and
service of notices under Sections 22-15 through 22-30 | 19 | | and 22-40 in addition to
(1) a fee of $35 if a petition for | 20 | | tax deed has been filed, which fee shall
be posted to the | 21 | | tax judgement, sale, redemption, and forfeiture record, to | 22 | | be
paid to the purchaser or his or her assignee; (2) a fee | 23 | | of $4 if a notice under
Section 22-5 has been filed, which | 24 | | fee shall be posted
to the tax judgment, sale, redemption, | 25 | | and forfeiture record, to be paid to
the purchaser or his | 26 | | or her assignee; (3) all costs paid to record a
lis pendens |
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| 1 | | notice in connection with filing a petition under this | 2 | | Code; and (4) if a petition for tax deed has been filed, | 3 | | all fees up to $150 per redemption paid to a registered or | 4 | | licensed title insurance company or title insurance agent | 5 | | for a title search to identify all owners, parties | 6 | | interested, and occupants of the property, to be paid to | 7 | | the purchaser or his or her assignee.
The fees in (1) and | 8 | | (2) of this paragraph (h) shall be exempt from the posting
| 9 | | requirements of Section 21-360. The costs incurred in | 10 | | causing notices to be served by a licensed or registered | 11 | | private detective under Section 22-15, may not exceed the | 12 | | amount that the sheriff would be authorized by law to | 13 | | charge if those notices had been served by the sheriff.
| 14 | | (i) All fees paid for publication of notice of the tax | 15 | | sale in
accordance with Section 22-20.
| 16 | | (j) All sums paid to any county, city, village or | 17 | | incorporated town for
reimbursement under Section 22-35.
| 18 | | (k) All costs and expenses of receivership under | 19 | | Section 21-410, to the
extent that these costs and expenses | 20 | | exceed any income from the property in
question, if the | 21 | | costs and expenditures have been approved by the court
| 22 | | appointing the receiver and a certified copy of the order | 23 | | or approval is filed
and posted by the certificate holder | 24 | | with the county clerk. Only actual costs
expended may be | 25 | | posted on the tax judgment, sale, redemption and forfeiture
| 26 | | record.
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| 1 | | (Source: P.A. 98-1162, eff. 6-1-15 .)
| 2 | | Article 5. | 3 | | Section 5-5. The Housing Authorities Act is amended by | 4 | | changing Sections 8.23, 17, and 25 and by adding Sections | 5 | | 8.10a, 25.01, and 25.02 as follows: | 6 | | (310 ILCS 10/8.10a new) | 7 | | Sec. 8.10a. Criminal history record data. | 8 | | (a) Every Authority organized under the provisions of this | 9 | | Act shall collect the following: | 10 | | (1) the number of applications submitted for admission | 11 | | to federally assisted housing; | 12 | | (2)
the number of applications submitted for admission | 13 | | to federally assisted housing by individuals with a | 14 | | criminal history record, if the Authority is conducting | 15 | | criminal history records checks of applicants or other | 16 | | household members; | 17 | | (3)
the number of applications for admission to | 18 | | federally assisted housing that were denied on the basis of | 19 | | a criminal history record, if the Authority is conducting | 20 | | criminal history records checks of applicants or other | 21 | | household members; | 22 | | (4)
the number of criminal records assessment hearings | 23 | | requested by applicants for housing who were denied |
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| 1 | | federally assisted housing on the basis of a criminal | 2 | | history records check; and | 3 | | (5)
the number of denials for federally assisted | 4 | | housing that were overturned after a criminal records | 5 | | assessment hearing. | 6 | | (b) The information required in this Section shall be | 7 | | disaggregated by the race, ethnicity, and sex of applicants for | 8 | | housing. This information shall be reported to the Illinois | 9 | | Criminal Justice Information Authority and shall be compiled | 10 | | and reported to the General Assembly annually by the Illinois | 11 | | Criminal Justice Information Authority. The Illinois Criminal | 12 | | Justice Information Authority shall also make this report | 13 | | publicly available, including on its website, without fee.
| 14 | | (310 ILCS 10/8.23)
| 15 | | Sec. 8.23.
Notification to leaseholders of the prospective | 16 | | presence of
individuals with a felony conviction felons
in
| 17 | | housing authority facilities; eviction.
| 18 | | (a) Immediately upon the receipt of the written | 19 | | notification, from the
Department of Corrections under | 20 | | subsection (c) of Section 3-14-1 of the Unified
Code of | 21 | | Corrections, that an individual with a felony conviction a | 22 | | felon
intends to reside, upon release from custody, at an | 23 | | address that is a housing
facility owned,
managed, operated, or | 24 | | leased by the Authority, the Authority must provide
written | 25 | | notification to the leaseholder residing at
that
address.
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| 1 | | (b) The Authority may not evict the leaseholder described | 2 | | in subsection (a)
of
this Section unless (i) federal law | 3 | | prohibits the individual with a felony conviction from residing | 4 | | at a housing
facility owned,
managed, operated, or leased by | 5 | | the Authority and (ii) the Authority proves by a preponderance | 6 | | of the evidence
that
the leaseholder had knowledge of and | 7 | | consents to the individual's felon's
intent to reside at the | 8 | | leaseholder's address.
| 9 | | (Source: P.A. 91-506, eff. 8-13-99.)
| 10 | | (310 ILCS 10/17) (from Ch. 67 1/2, par. 17)
| 11 | | Sec. 17. Definitions. The following terms, wherever used or | 12 | | referred to in this
Act shall have the following respective | 13 | | meanings, unless in any case a
different meaning clearly | 14 | | appears from the context:
| 15 | | (a) "Authority" or "housing authority" shall mean a | 16 | | municipal
corporation organized in accordance with the | 17 | | provisions of this Act for
the purposes, with the powers and | 18 | | subject to the restrictions herein set
forth.
| 19 | | (b) "Area" or "area of operation" shall mean: (1) in the | 20 | | case of an
authority which is created hereunder for a city, | 21 | | village, or incorporated
town, the area within the territorial | 22 | | boundaries of said city, village, or
incorporated town, and so | 23 | | long as no county housing authority has
jurisdiction therein, | 24 | | the area within three miles from such territorial
boundaries, | 25 | | except any part of such area located within the territorial
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| 1 | | boundaries of any other city, village, or incorporated town; | 2 | | and (2) in the
case of a county shall include all of the county | 3 | | except the area of any
city, village or incorporated town | 4 | | located therein in which there is an
Authority. When an | 5 | | authority is created for a county subsequent to the
creation of | 6 | | an authority for a city, village or incorporated town within
| 7 | | the same county, the area of operation of the authority for | 8 | | such city,
village or incorporated town shall thereafter be | 9 | | limited to the territory
of such city, village or incorporated | 10 | | town, but the authority for such
city, village or incorporated | 11 | | town may continue to operate any project
developed in whole or | 12 | | in part in an area previously a part of its area of
operation, | 13 | | or may contract with the county housing authority with respect
| 14 | | to the sale, lease, development or administration of such | 15 | | project. When an
authority is created for a city, village or | 16 | | incorporated town subsequent to
the creation of a county | 17 | | housing authority which previously included such
city, village | 18 | | or incorporated town within its area of operation, such
county | 19 | | housing authority shall have no power to create any additional
| 20 | | project within the city, village or incorporated town, but any | 21 | | existing
project in the city, village or incorporated town | 22 | | currently owned and
operated by the county housing authority | 23 | | shall remain in the ownership,
operation, custody and control | 24 | | of the county housing authority.
| 25 | | (b-5) "Criminal history record" means a record of arrest, | 26 | | complaint, indictment, or any disposition arising therefrom. |
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| 1 | | (b-6) "Criminal history report" means any written, oral, or | 2 | | other communication of information that includes criminal | 3 | | history record information about a natural person that is | 4 | | produced by a law enforcement agency, a court, a consumer | 5 | | reporting agency, or a housing screening agency or business. | 6 | | (c) "Presiding officer" shall mean the presiding officer of | 7 | | the
board of a county, or the mayor or president of a city, | 8 | | village or
incorporated town, as the case may be, for which an | 9 | | Authority is created
hereunder.
| 10 | | (d) "Commissioner" shall mean one of the members of an | 11 | | Authority
appointed in accordance with the provisions of this | 12 | | Act.
| 13 | | (e) "Government" shall include the State and Federal | 14 | | governments and
the governments of any subdivisions, agency or | 15 | | instrumentality,
corporate or otherwise, of either of them.
| 16 | | (f) "Department" shall mean the Department of Commerce and
| 17 | | Economic Opportunity.
| 18 | | (g) "Project" shall include all lands, buildings, and | 19 | | improvements,
acquired, owned, leased, managed or operated by a | 20 | | housing authority, and
all buildings and improvements | 21 | | constructed, reconstructed or repaired by
a housing authority, | 22 | | designed to provide housing accommodations and
facilities | 23 | | appurtenant thereto (including community facilities and
| 24 | | stores) which are planned as a unit, whether or not acquired or
| 25 | | constructed at one time even though all or a portion of the | 26 | | buildings
are not contiguous or adjacent to one another; and |
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| 1 | | the planning of
buildings and improvements, the acquisition of | 2 | | property, the demolition
of existing structures, the clearing | 3 | | of land, the construction,
reconstruction, and repair of | 4 | | buildings or improvements and all other
work in connection | 5 | | therewith. As provided in Sections 8.14 to 8.18,
inclusive, | 6 | | "project" also means, for Housing Authorities for
| 7 | | municipalities of less than 500,000 population and for | 8 | | counties, the
conservation of urban areas in accordance with an | 9 | | approved conservation
plan. "Project" shall also include (1) | 10 | | acquisition of (i) a slum or
blighted area or a deteriorated or | 11 | | deteriorating area which is
predominantly residential in | 12 | | character, or (ii) any other deteriorated
or deteriorating area | 13 | | which is to be developed or redeveloped for
predominantly | 14 | | residential uses, or (iii) platted urban or suburban land
which | 15 | | is predominantly open and which because of obsolete platting,
| 16 | | diversity of ownership, deterioration of structures or of site
| 17 | | improvements, or otherwise substantially impairs or arrests | 18 | | the sound
growth of the community and which is to be developed | 19 | | for predominantly
residential uses, or (iv) open unplatted | 20 | | urban or suburban land
necessary for sound community growth | 21 | | which is to be developed for
predominantly residential uses, or | 22 | | (v) any other area where parcels of
land remain undeveloped | 23 | | because of improper platting, delinquent taxes
or special | 24 | | assessments, scattered or uncertain ownerships, clouds on
| 25 | | title, artificial values due to excessive utility costs, or any | 26 | | other
impediments to the use of such area for predominantly |
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| 1 | | residential uses;
(2) installation, construction, or | 2 | | reconstruction of streets, utilities,
and other site | 3 | | improvements essential to the preparation of sites for
uses in | 4 | | accordance with the development or redevelopment plan; and (3)
| 5 | | making the land available for development or redevelopment by | 6 | | private
enterprise or public agencies (including sale, initial | 7 | | leasing, or
retention by the local public agency itself). If in | 8 | | any city, village
or incorporated town there exists a land | 9 | | clearance commission created
under the "Blighted Areas | 10 | | Redevelopment Act of 1947" having the same
area of operation as | 11 | | a housing authority created in and for any such
municipality | 12 | | such housing authority shall have no power to acquire land
of | 13 | | the character described in subparagraph (iii), (iv) or (v) of
| 14 | | paragraph 1 of the definition of "project" for the purpose of
| 15 | | development or redevelopment by private enterprise.
| 16 | | (h) "Community facilities" shall include lands, buildings, | 17 | | and
equipment for recreation or social assembly, for education, | 18 | | health or
welfare activities and other necessary utilities | 19 | | primarily for use and
benefit of the occupants of housing | 20 | | accommodations to be constructed,
reconstructed, repaired or | 21 | | operated hereunder.
| 22 | | (i) "Real property" shall include lands, lands under water,
| 23 | | structures, and any and all easements, franchises and | 24 | | incorporeal
hereditaments and estates, and rights, legal and | 25 | | equitable, including
terms for years and liens by way of | 26 | | judgment, mortgage or otherwise.
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| 1 | | (j) The term "governing body" shall include the city | 2 | | council of any
city, the president and board of trustees of any | 3 | | village or incorporated
town, the council of any city or | 4 | | village, and the county board of any
county.
| 5 | | (k) The phrase "individual, association, corporation or
| 6 | | organization" shall include any individual, private | 7 | | corporation, limited or general partnership, limited liability | 8 | | company,
insurance company, housing corporation, neighborhood | 9 | | redevelopment
corporation, non-profit corporation, | 10 | | incorporated or unincorporated
group or association, | 11 | | educational institution, hospital, or charitable
organization, | 12 | | and any mutual ownership or cooperative organization.
| 13 | | (l) "Conservation area", for the purpose of the exercise of | 14 | | the
powers granted in Sections 8.14 to 8.18, inclusive, for | 15 | | housing
authorities for municipalities of less than 500,000 | 16 | | population and for
counties, means an area of not less than 2 | 17 | | acres in which the structures
in 50% or more of the area are | 18 | | residential having an average age of 35
years or more. Such an | 19 | | area is not yet a slum or blighted area as
defined in the | 20 | | Blighted Areas Redevelopment Act of 1947, but such an
area by | 21 | | reason of dilapidation, obsolescence, deterioration or illegal
| 22 | | use of individual structures, overcrowding of structures and | 23 | | community
facilities, conversion of residential units into | 24 | | non-residential use,
deleterious land use or layout, decline of | 25 | | physical maintenance, lack of
community planning, or any | 26 | | combination of these factors may become a
slum and blighted |
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| 1 | | area.
| 2 | | (m) "Conservation plan" means the comprehensive program | 3 | | for the
physical development and replanning of a "Conservation | 4 | | Area" as defined
in paragraph (l) embodying the steps required | 5 | | to prevent such
Conservation Area from becoming a slum and | 6 | | blighted area.
| 7 | | (n) "Fair use value" means the fair cash market value of | 8 | | real
property when employed for the use contemplated by a | 9 | | "Conservation Plan"
in municipalities of less than 500,000 | 10 | | population and in counties.
| 11 | | (o) "Community facilities" means, in relation to a | 12 | | "Conservation
Plan", those physical plants which implement, | 13 | | support and facilitate the
activities, services and interests | 14 | | of education, recreation, shopping,
health, welfare, religion | 15 | | and general culture.
| 16 | | (p) "Loan agreement" means any agreement pursuant to which | 17 | | an Authority
agrees to loan the proceeds of its revenue bonds | 18 | | issued with respect to a
multifamily rental housing project or | 19 | | other funds of the Authority to any
person upon terms providing | 20 | | for
loan repayment installments at least sufficient to pay when | 21 | | due all principal
of, premium, if any, and interest on the | 22 | | revenue bonds of the Authority issued
with respect to the | 23 | | multifamily rental housing project, and providing for
| 24 | | maintenance, insurance, and
other matters as may be deemed | 25 | | desirable by the Authority.
| 26 | | (q) "Multifamily rental housing" means any rental project |
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| 1 | | designed for
mixed-income or low-income occupancy.
| 2 | | (Source: P.A. 94-793, eff. 5-19-06; 95-887, eff. 8-22-08.)
| 3 | | (310 ILCS 10/25)
(from Ch. 67 1/2, par. 25)
| 4 | | Sec. 25. Rentals and tenant selection. In the operation or | 5 | | management
of housing projects an Authority
shall at all times | 6 | | observe the following duties with respect to rentals and
tenant | 7 | | selection:
| 8 | | (a) It shall not accept any person as a tenant in any
| 9 | | dwelling in a housing project if the persons who would occupy | 10 | | the dwelling
have an aggregate annual income which equals or | 11 | | exceeds the amount which
the Authority determines (which | 12 | | determination shall be conclusive) to be
necessary in order to | 13 | | enable such persons to secure safe, sanitary and
uncongested | 14 | | dwelling accommodations within the area of operation of the
| 15 | | Authority and to provide an adequate standard of living for | 16 | | themselves.
| 17 | | (b) It may rent or lease the dwelling accommodations | 18 | | therein only at rentals
within the financial reach of persons | 19 | | who lack the amount of income which
it determines (pursuant to | 20 | | (a) of this Section) to be necessary in order to
obtain safe, | 21 | | sanitary and uncongested dwelling accommodations within the
| 22 | | area of operation of the Authority and to provide an adequate | 23 | | standard of
living.
| 24 | | (c) It may rent or lease to a tenant a dwelling consisting | 25 | | of the
number of rooms (but no greater number) which it deems |
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| 1 | | necessary to provide
safe and sanitary accommodations to the | 2 | | proposed occupants thereof, without
overcrowding.
| 3 | | (d) It shall not change the residency preference of any | 4 | | prospective
tenant once the application has been accepted by | 5 | | the authority.
| 6 | | (e) It may refuse to certify or recertify applicants, | 7 | | current tenants, or
other household members if, after due | 8 | | notice
and an impartial hearing, that person or any of the | 9 | | proposed occupants of
the dwelling has, prior to or during a | 10 | | term of tenancy or occupancy in any
housing
project operated by | 11 | | an Authority, been convicted of a criminal offense
relating to | 12 | | the sale or distribution of controlled
substances under the
| 13 | | laws of this State, the United States or any other state.
If an | 14 | | Authority desires a criminal history records check of all 50 | 15 | | states
or a 50-state confirmation of a conviction record, the | 16 | | Authority shall submit
the fingerprints of the relevant | 17 | | applicant, tenant, or other household member
to the Department | 18 | | of State Police in a manner prescribed by the Department of
| 19 | | State Police. These
fingerprints shall be checked against the | 20 | | fingerprint records now and hereafter
filed in the
Department | 21 | | of State Police and
Federal Bureau of Investigation criminal | 22 | | history records databases.
The Department of State Police shall | 23 | | charge a fee
for conducting the criminal history records check, | 24 | | which shall be deposited in
the State Police Services Fund and | 25 | | shall not exceed the actual cost of the
records check. The | 26 | | Department of State Police shall furnish pursuant to
positive |
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| 1 | | identification, records of conviction to the Authority. An | 2 | | Authority that requests a criminal history report of an | 3 | | applicant or other household member shall inform the applicant | 4 | | at the time of the request that the applicant or other | 5 | | household member may provide additional mitigating information | 6 | | for consideration with the application for housing.
| 7 | | (e-5) Criminal history record assessment. The Authority | 8 | | shall use the following process when evaluating the criminal | 9 | | history report of an applicant or other household member to | 10 | | determine whether to rent or lease to the applicant: | 11 | | (1) Unless required by federal law, the Authority shall | 12 | | not consider the following information when determining | 13 | | whether to rent or lease to an applicant for housing: | 14 | | (A) an arrest or detention; | 15 | | (B) criminal charges or indictments, and the | 16 | | nature of any disposition arising therefrom, that do | 17 | | not result in a conviction; | 18 | | (C) a conviction that has been vacated, ordered, | 19 | | expunged, sealed, or impounded by a court; | 20 | | (D) matters under the jurisdiction of the Illinois | 21 | | Juvenile Court; | 22 | | (E) the amount of time since the applicant or other | 23 | | household member completed his or her sentence in | 24 | | prison or jail or was released from prison or jail; or | 25 | | (F) convictions occurring more than 180 days prior | 26 | | to the date the applicant submitted his or her |
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| 1 | | application for housing. | 2 | | (2) The Authority shall create a system for the | 3 | | independent review of criminal history reports: | 4 | | (A) the reviewer shall examine the applicant's or | 5 | | other household member's criminal history report and | 6 | | report only those records not prohibited under | 7 | | paragraph (1) to the person or persons making the | 8 | | decision about whether to offer housing to the | 9 | | applicant; and | 10 | | (B) the reviewer shall not participate in any final | 11 | | decisions on an applicant's application for housing. | 12 | | (3) The Authority may deny an applicant's application | 13 | | for housing because of the applicant's or another household | 14 | | member's criminal history record, only if the Authority: | 15 | | (A) determines that the denial is required under | 16 | | federal law; or | 17 | | (B)
determines that there is a direct relationship | 18 | | between the applicant or the other household member's | 19 | | criminal history record and a risk to the health, | 20 | | safety, and peaceful enjoyment of fellow tenants. The | 21 | | mere existence of a criminal history record does not | 22 | | demonstrate such a risk. | 23 | | (f) It may, if a tenant has created or maintained a threat
| 24 | | constituting a serious and clear danger to the health or safety | 25 | | of other
tenants or Authority employees, after 3 days' written | 26 | | notice
of termination and without a hearing, file suit against |
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| 1 | | any such tenant for
recovery of possession of the premises. The | 2 | | tenant shall be given the
opportunity to contest the | 3 | | termination in the court proceedings. A serious
and clear | 4 | | danger to the health or safety of other tenants or Authority
| 5 | | employees shall include, but not be limited to, any of the | 6 | | following
activities of the tenant or of any other person on | 7 | | the premises with the
consent of the tenant:
| 8 | | (1) Physical assault or the threat of physical assault.
| 9 | | (2) Illegal use of a firearm or other weapon or the | 10 | | threat to use in
an illegal manner a firearm or other | 11 | | weapon.
| 12 | | (3) Possession of a controlled substance by the tenant | 13 | | or any other person
on the premises with the consent of the | 14 | | tenant if the tenant knew or should
have known of the | 15 | | possession by the other person of a controlled
substance, | 16 | | unless the controlled substance was obtained
directly from | 17 | | or pursuant to a valid prescription.
| 18 | | (4) Streetgang membership as defined in the Illinois
| 19 | | Streetgang Terrorism Omnibus Prevention Act.
| 20 | | The management of low-rent public housing projects | 21 | | financed and developed
under the U.S. Housing Act of 1937 shall
| 22 | | be in accordance with that Act.
| 23 | | Nothing contained in this Section or any other Section of | 24 | | this Act shall
be construed as limiting the power of an | 25 | | Authority to vest in a bondholder
or trustee the right, in the | 26 | | event of a default by the Authority, to take
possession and |
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| 1 | | operate a housing project or cause the appointment of a
| 2 | | receiver thereof, free from all restrictions imposed by this | 3 | | Section or any
other Section of this Act.
| 4 | | (Source: P.A. 93-418, eff. 1-1-04; 93-749, eff. 7-15-04.)
| 5 | | (310 ILCS 10/25.01 new) | 6 | | Sec. 25.01. Notification. Before denying an applicant's | 7 | | housing application based, in whole or in part, on a criminal | 8 | | history record permitted under this Act, the Authority shall | 9 | | provide the opportunity for an individual assessment. The | 10 | | applicant for housing shall be provided with a clear, written | 11 | | notice that: | 12 | | (1) explains why the Authority has determined that the | 13 | | criminal history report it obtained requires further | 14 | | review, including detailed information on whether the need | 15 | | for further review is based on federal law or on the | 16 | | Authority's determination that the criminal history record | 17 | | of the applicant or other household member indicates a risk | 18 | | to the health, safety, or peaceful enjoyment of housing for | 19 | | other residents; | 20 | | (2) identifies the specific conviction or convictions | 21 | | upon which the Authority relied upon when making its | 22 | | decision to deny the applicant's housing application; | 23 | | (3) explains that the applicant has a right to an | 24 | | individualized criminal records assessment hearing | 25 | | regarding the Authority's decision to deny the applicant's |
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| 1 | | housing application, as set forth in Section 25.02; | 2 | | (4) provides clear instructions on what to expect | 3 | | during an individualized criminal records assessment | 4 | | hearing, as set forth in Section 25.02; | 5 | | (5) explains that if the applicant chooses not to | 6 | | participate in an individualized criminal records | 7 | | assessment hearing, the applicant's application will be | 8 | | denied; and | 9 | | (6) provides a copy of the criminal history report the | 10 | | Authority used to make its determination. | 11 | | (310 ILCS 10/25.02 new) | 12 | | Sec. 25.02. Criminal records assessment hearing. | 13 | | (a) An applicant has the right to an individualized | 14 | | criminal records assessment hearing if the applicant's | 15 | | application for housing requires further review because of the | 16 | | applicant's or another household member's criminal history | 17 | | record. The individualized criminal records assessment hearing | 18 | | shall allow the applicant or other household member to: | 19 | | (1) contest the accuracy of the criminal history | 20 | | record; | 21 | | (2) contest the relevance of the criminal history | 22 | | record to the Authority's decision to deny the applicant's | 23 | | application for housing; and | 24 | | (3) provide mitigating evidence concerning the | 25 | | applicant's or other household member's criminal |
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| 1 | | conviction or evidence of rehabilitation. | 2 | | (b) The Authority shall not rent or lease to any other | 3 | | person the available housing unit that is the subject of the | 4 | | applicant's individualized criminal records assessment hearing | 5 | | until after the Authority has issued a final ruling. | 6 | | (c) The Authority shall adopt rules for criminal records | 7 | | assessment hearings in accordance with Article 10 of the | 8 | | Illinois Administrative Procedure Act.
| 9 | | Article 99. | 10 | | Section 99-99. Effective date. This Act takes effect upon | 11 | | becoming law.".
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