Illinois General Assembly - Full Text of SB2304
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Full Text of SB2304  102nd General Assembly


Sen. Ann Gillespie

Filed: 4/8/2021





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2    AMENDMENT NO. ______. Amend Senate Bill 2304 on page 1,
3line 8, by deleting "or rehabilitation"; and
4on page 2, line 2, by deleting "and"; and
5on page 2, immediately below line 2, by inserting the
7        "(2) except as defined in subparagraphs (E), (F), and
8    (G) of paragraph (5) of subsection (c) of this Section,
9    prior to the newly constructed residential real property
10    located in a low affordability community being put in
11    service, the owner of the residential real property
12    commits that, for a period of 30 years after the newly
13    constructed residential real property are put in service,
14    at least 20% of the multifamily building's units will have
15    rents as defined in this Section that are at or below
16    maximum rents and are occupied by households with



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1    household incomes at or below maximum income limits; and";
2    and
3on page 2, line 3, by replacing "(2)" with "(3)"; and
4on page 2, line 4, by replacing "(d)" with "(c)"; and
5on page 2, by deleting lines 5 through 21; and
6on page 2, line 22, by replacing "(c)" with "(b)"; and
7on page 2, line 23, by replacing "(b)" with "(a)"; and
8on page 2, line 26, by replacing "or improvements are" with
9"is"; and
10on page 3, line 7, by replacing "or improvements are" with
11"is"; and
12on page 3, line 14, by replacing "or improvements are" with
13"is"; and
14on page 3, line 21, by replacing "or improvements are" with
15"is"; and
16on page 4, lines 3 and 4, by replacing "or improvements are"



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1with "is"; and
2on page 4, line 10, by replacing "(d)" with "(c)"; and
3on page 4, lines 23 and 24, by deleting "or qualifying
4rehabilitation"; and
5on page 5, line 3, by deleting "or rehabilitation"; and
6on page 6, line 18, by replacing "(d)" with "(c)"; and
7on page 6, line 21, by replacing "paragraph (1) of subsection
8(d)" with "subparagraphs (A), (B), (C), (F), (G), (H), (I),
9(J), and (K) of paragraph (1) of this subsection (c)"; and
10on page 6, line 25, by deleting "(3)"; and
11on page 7, line 1, by replacing "(f)" with "(c)"; and
12on page 8, line 17, by replacing "subparagraph (B) of
13paragraph (4) of subsection (d)" with "subparagraphs (A), (B),
14(C), (F), (G), (H), (I), (J), and (K) of paragraph (1) of this
15subsection (c)"; and
16on page 8, line 20, by replacing "(c)" with "(b)"; and



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1on page 9, line 2, by deleting "or qualifying rehabilitation";
3on page 9, lines 13 and 14, by deleting "or qualifying
4rehabilitation"; and
5on page 9, line 19, by deleting "or qualifying
6rehabilitation"; and
7on page 10, lines 20 and 21, by deleting "or substantial
8rehabilitation"; and
9on page 11, lines 11 and 12, by replacing "subparagraph (1) of
10subsection (c)" with "paragraph (1) of subsection (b)"; and
11on page 11, line 16, by replacing "(e)" with "(d)"; and
12on page 11, immediately below line 18, by inserting the
14    ""Assessed value for the residential real property in the
15base year" means the value in effect at the end of the taxable
16year prior to the latter of: (1) the date of initial
17application; or (2) the date in which 20% of the total number
18of units in the property are occupied by eligible tenants
19paying eligible rent under this Section."; and



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1by deleting everything from line 8 on page 14 through line 6 on
2page 21; and
3on page 21, line 8, by replacing "Section 25" with "Sections
415, 25, and 50"; and
5on page 21, immediately below line 9, by inserting the
7    "(310 ILCS 67/15)
8    Sec. 15. Definitions. As used in this Act:
9    "Affordable housing" means housing that has a value or
10cost or rental amount that is within the means of a household
11that may occupy moderate-income or low-income housing. In the
12case of owner-occupied dwelling units, housing that is
13affordable means housing in which mortgage, amortization,
14taxes, insurance, and condominium or association fees, if any,
15constitute no more than 30% of the gross annual household
16income for a household of the size that may occupy the unit. In
17the case of dwelling units for rent, housing that is
18affordable means housing for which the rent, any required
19parking, maintenance, landlord-imposed fees, and utilities
20constitute no more than 30% of the gross annual household
21income for a household of the size that may occupy the unit.
22    "Affordable housing developer" means a nonprofit entity,
23limited equity cooperative or public agency, or private



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1individual, firm, corporation, or other entity seeking to
2build an affordable housing development.
3    "Affordable housing development" means (i) any housing
4that is subsidized by the federal or State government or (ii)
5any housing in which at least 20% of the dwelling units are
6subject to covenants or restrictions that require that the
7dwelling units be sold or rented at prices that preserve them
8as affordable housing for a period of at least 15 years, in the
9case of owner-occupied housing, and at least 30 years, in the
10case of rental housing.
11    "Approving authority" means the governing body of the
12county or municipality.
13    "Area median household income" means the median household
14income adjusted for family size for applicable income limit
15areas as determined annually by the federal Department of
16Housing and Urban Development under Section 8 of the United
17States Housing Act of 1937.
18    "Community land trust" means a private, not-for-profit
19corporation organized exclusively for charitable, cultural,
20and other purposes and created to acquire and own land for the
21benefit of the local government, including the creation and
22preservation of affordable housing.
23    "Development" means any building, construction,
24renovation, or excavation or any material change in any
25structure or land, or change in the use of such structure or
26land, that results in a net increase in the number of dwelling



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1units in a structure or on a parcel of land by more than one
2dwelling unit.
3    "Exempt local government" means any local government in
4which at least 10% of its total year-round housing units are
5affordable, as determined by the Illinois Housing Development
6Authority pursuant to Section 20 of this Act; or any
7municipality under 1,000 population.
8    "Household" means the person or persons occupying a
9dwelling unit.
10    "Housing trust fund" means a separate fund, either within
11a local government or between local governments pursuant to
12intergovernmental agreement, established solely for the
13purposes authorized in subsection (d) of Section 25,
14including, without limitation, the holding and disbursing of
15financial resources to address the affordable housing needs of
16individuals or households that may occupy low-income or
17moderate-income housing.
18    "Local government" means a county or municipality.
19    "Low-income housing" means housing that is affordable,
20according to the federal Department of Housing and Urban
21Development, for either home ownership or rental, and that is
22occupied, reserved, or marketed for occupancy by households
23with a gross household income that does not exceed 50% of the
24area median household income.
25    "Moderate-income housing" means housing that is
26affordable, according to the federal Department of Housing and



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1Urban Development, for either home ownership or rental, and
2that is occupied, reserved, or marketed for occupancy by
3households with a gross household income that is greater than
450% but does not exceed 80% of the area median household
6    "Non-appealable local government requirements" means all
7essential requirements that protect the public health and
8safety, including any local building, electrical, fire, or
9plumbing code requirements or those requirements that are
10critical to the protection or preservation of the environment.
11(Source: P.A. 98-287, eff. 8-9-13.)"; and
12on page 26, immediately below line 26, by inserting the
14    "(310 ILCS 67/50)
15    Sec. 50. Housing Appeals Board.
16    (a) Prior to January 1, 2008, a Housing Appeals Board
17shall be created consisting of 7 members appointed by the
18Governor as follows:
19        (1) a retired circuit judge or retired appellate
20    judge, who shall act as chairperson;
21        (2) a zoning board of appeals member;
22        (3) a planning board member;
23        (4) a mayor or municipal council or board member;
24        (5) a county board member;



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1        (6) an affordable housing developer; and
2        (7) an affordable housing advocate.
3    In addition, the Chairman of the Illinois Housing
4Development Authority, ex officio, shall serve as a non-voting
5member. No more than 4 of the appointed members may be from the
6same political party. Appointments under items (2), (3), and
7(4) shall be from local governments that are not exempt under
8this Act.
9    (b) Initial terms of 4 members designated by the Governor
10shall be for 2 years. Initial terms of 3 members designated by
11the Governor shall be for one year. Thereafter, members shall
12be appointed for terms of 2 years. After a member's term
13expires, the member shall continue to serve until a successor
14is appointed. There shall be no limit to the number of terms an
15appointee may serve. A member shall receive no compensation
16for his or her services, but shall be reimbursed by the State
17for all reasonable expenses actually and necessarily incurred
18in the performance of his or her official duties. The board
19shall hear all petitions for review filed under this Act and
20shall conduct all hearings in accordance with the rules and
21regulations established by the chairperson. The Illinois
22Housing Development Authority shall provide space and clerical
23and other assistance that the Board may require.
24    (c) (Blank).
25    (d) Any vacancies in the Housing Appeals Board shall be
26filled within 90 days of the vacancy.



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1(Source: P.A. 98-287, eff. 8-9-13.)".