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Illinois Compiled Statutes
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() 35 ILCS 200/15-169 (35 ILCS 200/15-169) Sec. 15-169. Homestead exemption for veterans with disabilities and veterans of World War II. (a) Beginning with taxable year 2007, an annual homestead exemption, limited as provided in this Section, is granted for property that is used as a qualified residence by a veteran with a disability, and beginning with taxable year 2024, an annual homestead exemption, limited to the amounts set forth in subsection (b-4), is granted for property that is used as a qualified residence by a veteran who was a member of the United States Armed Forces during World War II. (b) For taxable years prior to 2015, the amount of the exemption under this Section is as follows: (1) for veterans with a service-connected disability | | of at least (i) 75% for exemptions granted in taxable years 2007 through 2009 and (ii) 70% for exemptions granted in taxable year 2010 and each taxable year thereafter, as certified by the United States Department of Veterans Affairs, the annual exemption is $5,000; and
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| (2) for veterans with a service-connected disability
| | of at least 50%, but less than (i) 75% for exemptions granted in taxable years 2007 through 2009 and (ii) 70% for exemptions granted in taxable year 2010 and each taxable year thereafter, as certified by the United States Department of Veterans Affairs, the annual exemption is $2,500.
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| (b-3) For taxable years 2015 through 2022:
(1) if the veteran has a service connected disability
| | of 30% or more but less than 50%, as certified by the United States Department of Veterans Affairs, then the annual exemption is $2,500;
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| (2) if the veteran has a service connected disability
| | of 50% or more but less than 70%, as certified by the United States Department of Veterans Affairs, then the annual exemption is $5,000;
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| (3) if the veteran has a service connected disability
| | of 70% or more, as certified by the United States Department of Veterans Affairs, then the property is exempt from taxation under this Code; and
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| (4) (Blank).
(b-3.1) For taxable year 2023 and thereafter:
(1) if the veteran has a service connected disability
| | of 30% or more but less than 50%, as certified by the United States Department of Veterans Affairs as of the date the application is submitted for the exemption under this Section for the applicable taxable year, then the annual exemption is $2,500;
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| (2) if the veteran has a service connected disability
| | of 50% or more but less than 70%, as certified by the United States Department of Veterans Affairs as of the date the application is submitted for the exemption under this Section for the applicable taxable year, then the annual exemption is $5,000;
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| (3) if the veteran has a service connected disability
| | of 70% or more, as certified by the United States Department of Veterans Affairs as of the date the application is submitted for the exemption under this Section for the applicable taxable year, then the first $250,000 in equalized assessed value of the property is exempt from taxation under this Code; and
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| (4) if the taxpayer is the surviving spouse of a
| | veteran whose death was determined to be service-connected and who is certified by the United States Department of Veterans Affairs as a recipient of dependency and indemnity compensation under federal law as of the date the application is submitted for the exemption under this Section for the applicable taxable year, then the first $250,000 in equalized assessed value of the property is also exempt from taxation under this Code.
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| This amendatory Act of the 103rd General Assembly shall not be used as the basis for any appeal filed with the chief county assessment officer, the board of review, the Property Tax Appeal Board, or the circuit court with respect to the scope or meaning of the exemption under this Section for a tax year prior to tax year 2023.
(b-4) For taxable years on or after 2024, if the veteran was a member of the United States Armed Forces during World War II, then the property is exempt from taxation under this Code regardless of the veteran's level of disability.
(b-5) If a homestead exemption is granted under this Section and the person awarded the exemption subsequently becomes a resident of a facility licensed under the Nursing Home Care Act or a facility operated by the United States Department of Veterans Affairs, then the exemption shall continue (i) so long as the residence continues to be occupied by the qualifying person's spouse or (ii) if the residence remains unoccupied but is still owned by the person who qualified for the homestead exemption.
(c) The tax exemption under this Section carries over to the benefit of the veteran's surviving spouse as long as the spouse holds the legal or beneficial title to the homestead, permanently resides thereon, and does not remarry. If the surviving spouse sells the property, an exemption not to exceed the amount granted from the most recent ad valorem tax roll may be transferred to his or her new residence as long as it is used as his or her primary residence and he or she does not remarry.
As used in this subsection (c):
(1) for taxable years prior to 2015, "surviving
| | spouse" means the surviving spouse of a veteran who obtained an exemption under this Section prior to his or her death;
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| (2) for taxable years 2015 through 2022, "surviving
| | spouse" means (i) the surviving spouse of a veteran who obtained an exemption under this Section prior to his or her death and (ii) the surviving spouse of a veteran who was killed in the line of duty at any time prior to the expiration of the application period in effect for the exemption for the taxable year for which the exemption is sought; and
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| (3) for taxable year 2023 and thereafter, "surviving
| | spouse" means: (i) the surviving spouse of a veteran who obtained the exemption under this Section prior to his or her death; (ii) the surviving spouse of a veteran who was killed in the line of duty at any time prior to the expiration of the application period in effect for the exemption for the taxable year for which the exemption is sought; (iii) the surviving spouse of a veteran who did not obtain an exemption under this Section before death, but who would have qualified for the exemption under this Section in the taxable year for which the exemption is sought if he or she had survived, and whose surviving spouse has been a resident of Illinois from the time of the veteran's death through the taxable year for which the exemption is sought; and (iv) the surviving spouse of a veteran whose death was determined to be service-connected, but who would not otherwise qualify under item (i), (ii), or (iii), if the spouse (A) is certified by the United States Department of Veterans Affairs as a recipient of dependency and indemnity compensation under federal law at any time prior to the expiration of the application period in effect for the exemption for the taxable year for which the exemption is sought and (B) remains eligible for that dependency and indemnity compensation as of January 1 of the taxable year for which the exemption is sought.
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| (c-1) Beginning with taxable year 2015, nothing in this Section shall require the veteran to have qualified for or obtained the exemption before death if the veteran was killed in the line of duty.
(d) The exemption under this Section applies for taxable year 2007 and thereafter. A taxpayer who claims an exemption under Section 15-165 or 15-168 may not claim an exemption under this Section.
(e) Except as otherwise provided in this subsection (e), each taxpayer who has been granted an exemption under this Section must reapply on an annual basis, except that a veteran who qualifies as a result of his or her service in World War II need not reapply. Application must be made during the application period in effect for the county of his or her residence. The assessor or chief county assessment officer may determine the eligibility of residential property to receive the homestead exemption provided by this Section by application, visual inspection, questionnaire, or other reasonable methods. The determination must be made in accordance with guidelines established by the Department.
On and after May 23, 2022 (the effective date of Public Act 102-895), if a veteran has a combined service connected disability rating of 100% and is deemed to be permanently and totally disabled, as certified by the United States Department of Veterans Affairs, the taxpayer who has been granted an exemption under this Section shall no longer be required to reapply for the exemption on an annual basis, and the exemption shall be in effect for as long as the exemption would otherwise be permitted under this Section.
(e-1) If the person qualifying for the exemption does not occupy the qualified residence as of January 1 of the taxable year, the exemption granted under this Section shall be prorated on a monthly basis. The prorated exemption shall apply beginning with the first complete month in which the person occupies the qualified residence.
(e-5) Notwithstanding any other provision of law, each chief county assessment officer may approve this exemption for the 2020 taxable year, without application, for any property that was approved for this exemption for the 2019 taxable year, provided that:
(1) the county board has declared a local disaster as
| | provided in the Illinois Emergency Management Agency Act related to the COVID-19 public health emergency;
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| (2) the owner of record of the property as of January
| | 1, 2020 is the same as the owner of record of the property as of January 1, 2019;
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| (3) the exemption for the 2019 taxable year has not
| | been determined to be an erroneous exemption as defined by this Code; and
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| (4) the applicant for the 2019 taxable year has not
| | asked for the exemption to be removed for the 2019 or 2020 taxable years.
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| Nothing in this subsection shall preclude a veteran whose service connected disability rating has changed since the 2019 exemption was granted from applying for the exemption based on the subsequent service connected disability rating.
(e-10) Notwithstanding any other provision of law, each chief county assessment officer may approve this exemption for the 2021 taxable year, without application, for any property that was approved for this exemption for the 2020 taxable year, if:
(1) the county board has declared a local disaster as
| | provided in the Illinois Emergency Management Agency Act related to the COVID-19 public health emergency;
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| (2) the owner of record of the property as of January
| | 1, 2021 is the same as the owner of record of the property as of January 1, 2020;
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| (3) the exemption for the 2020 taxable year has not
| | been determined to be an erroneous exemption as defined by this Code; and
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| (4) the taxpayer for the 2020 taxable year has not
| | asked for the exemption to be removed for the 2020 or 2021 taxable years.
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| Nothing in this subsection shall preclude a veteran whose service connected disability rating has changed since the 2020 exemption was granted from applying for the exemption based on the subsequent service connected disability rating.
(f) For the purposes of this Section:
"Qualified residence" means, before tax year 2023, real property, but less any portion of that property that is used for commercial purposes, with an equalized assessed value of less than $250,000 that is the primary residence of a veteran with a disability. "Qualified residence" means, for tax year 2023 and thereafter, real property, but less any portion of that property that is used for commercial purposes, that is the primary residence of a veteran with a disability. Property rented for more than 6 months is presumed to be used for commercial purposes.
"Service-connected disability" means an illness or injury (i) that was caused by or worsened by active military service, (ii) that is a current disability as of the date of the application for the exemption under this Section for the applicable tax year, as demonstrated by the veteran's United States Department of Veterans Affairs certification, and (iii) for which the veteran receives disability compensation.
For tax years 2022 and prior, "veteran" means an Illinois resident who has served as a member of the United States Armed Forces on active duty or State active duty, a member of the Illinois National Guard, or a member of the United States Reserve Forces and who has received an honorable discharge. For taxable years 2023 and thereafter, "veteran" means an Illinois resident who has served as a member of the United States Armed Forces on active duty or State active duty, a member of the Illinois National Guard, or a member of the United States Reserve Forces and who has a service-connected disability, as certified by the United States Department of Veterans Affairs, and receives disability compensation.
(Source: P.A. 102-136, eff. 7-23-21; 102-895, eff. 5-23-22; 103-154, eff. 6-30-23; 103-596, eff. 7-1-24.)
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35 ILCS 200/15-170 (35 ILCS 200/15-170) (Text of Section before amendment by P.A. 103-592 ) Sec. 15-170. Senior citizens homestead exemption. (a) An annual homestead
exemption limited, except as described here with relation to cooperatives or
life care facilities, to a
maximum reduction set forth below from the property's value, as equalized or
assessed by the Department, is granted for property that is occupied as a
residence by a person 65 years of age or older who is liable for paying real
estate taxes on the property and is an owner of record of the property or has a
legal or equitable interest therein as evidenced by a written instrument,
except for a leasehold interest, other than a leasehold interest of land on
which a single family residence is located, which is occupied as a residence by
a person 65 years or older who has an ownership interest therein, legal,
equitable or as a lessee, and on which he or she is liable for the payment
of property taxes. Before taxable year 2004, the maximum reduction shall be $2,500 in counties with
3,000,000 or more inhabitants and $2,000 in all other counties. For taxable years 2004 through 2005, the maximum reduction shall be $3,000 in all counties. For taxable years 2006 and 2007, the maximum reduction shall be $3,500. For taxable years 2008 through 2011, the maximum reduction is $4,000 in all counties.
For taxable year 2012, the maximum reduction is $5,000 in counties with
3,000,000 or more inhabitants and $4,000 in all other counties. For taxable years 2013 through 2016, the maximum reduction is $5,000 in all counties. For taxable years 2017 through 2022, the maximum reduction is $8,000 in counties with 3,000,000 or more inhabitants and $5,000 in all other counties. For taxable years 2023 and thereafter, the maximum reduction is $8,000 in counties with 3,000,000 or more inhabitants and counties that are contiguous to a county of 3,000,000 or more inhabitants and $5,000 in all other counties. (b) For land
improved with an apartment building owned and operated as a cooperative, the maximum reduction from the value of the property, as
equalized
by the Department, shall be multiplied by the number of apartments or units
occupied by a person 65 years of age or older who is liable, by contract with
the owner or owners of record, for paying property taxes on the property and
is an owner of record of a legal or equitable interest in the cooperative
apartment building, other than a leasehold interest. For land improved with
a life care facility, the maximum reduction from the value of the property, as
equalized by the Department, shall be multiplied by the number of apartments or
units occupied by persons 65 years of age or older, irrespective of any legal,
equitable, or leasehold interest in the facility, who are liable, under a
contract with the owner or owners of record of the facility, for paying
property taxes on the property. In a
cooperative or a life care facility where a
homestead exemption has been granted, the cooperative association or the
management firm of the cooperative or facility shall credit the savings
resulting from that exemption only to
the apportioned tax liability of the owner or resident who qualified for
the exemption.
Any person who willfully refuses to so credit the savings shall be guilty of a
Class B misdemeanor. Under this Section and Sections 15-175, 15-176, and 15-177, "life care
facility" means a facility, as defined in Section 2 of the Life Care Facilities
Act, with which the applicant for the homestead exemption has a life care
contract as defined in that Act. (c) When a homestead exemption has been granted under this Section and the person
qualifying subsequently becomes a resident of a facility licensed under the Assisted Living and Shared Housing Act, the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act, the exemption shall continue so long as the residence
continues to be occupied by the qualifying person's spouse if the spouse is 65
years of age or older, or if the residence remains unoccupied but is still
owned by the person qualified for the homestead exemption. (d) A person who will be 65 years of age
during the current assessment year
shall
be eligible to apply for the homestead exemption during that assessment
year.
Application shall be made during the application period in effect for the
county of his residence. (e) Beginning with assessment year 2003, for taxes payable in 2004,
property
that is first occupied as a residence after January 1 of any assessment year by
a person who is eligible for the senior citizens homestead exemption under this
Section must be granted a pro-rata exemption for the assessment year. The
amount of the pro-rata exemption is the exemption
allowed in the county under this Section divided by 365 and multiplied by the
number of days during the assessment year the property is occupied as a
residence by a
person eligible for the exemption under this Section. The chief county
assessment officer must adopt reasonable procedures to establish eligibility
for this pro-rata exemption. (f) The assessor or chief county assessment officer may determine the eligibility
of a life care facility to receive the benefits provided by this Section, by
affidavit, application, visual inspection, questionnaire or other reasonable
methods in order to insure that the tax savings resulting from the exemption
are credited by the management firm to the apportioned tax liability of each
qualifying resident. The assessor may request reasonable proof that the
management firm has so credited the exemption. (g) The chief county assessment officer of each county with less than 3,000,000
inhabitants shall provide to each person allowed a homestead exemption under
this Section a form to designate any other person to receive a
duplicate of any notice of delinquency in the payment of taxes assessed and
levied under this Code on the property of the person receiving the exemption.
The duplicate notice shall be in addition to the notice required to be
provided to the person receiving the exemption, and shall be given in the
manner required by this Code. The person filing the request for the duplicate
notice shall pay a fee of $5 to cover administrative costs to the supervisor of
assessments, who shall then file the executed designation with the county
collector. Notwithstanding any other provision of this Code to the contrary,
the filing of such an executed designation requires the county collector to
provide duplicate notices as indicated by the designation. A designation may
be rescinded by the person who executed such designation at any time, in the
manner and form required by the chief county assessment officer. (h) The assessor or chief county assessment officer may determine the
eligibility of residential property to receive the homestead exemption provided
by this Section by application, visual inspection, questionnaire or other
reasonable methods. The determination shall be made in accordance with
guidelines established by the Department. (i) In counties with 3,000,000 or more inhabitants, for taxable years 2010 through 2018, and beginning again in taxable year 2024, each taxpayer who has been granted an exemption under this Section must reapply on an annual basis. If a reapplication is required, then the chief county assessment officer shall mail the application to the taxpayer at least 60 days prior to the last day of the application period for the county. For taxable years 2019 through 2023, in counties with 3,000,000 or more inhabitants, a taxpayer who has been granted an exemption under this Section need not reapply. However, if the property ceases to be qualified for the exemption under this Section in any year for which a reapplication is not required under this Section, then the owner of record of the property shall notify the chief county assessment officer that the property is no longer qualified. In addition, for taxable years 2019 through 2023, the chief county assessment officer of a county with 3,000,000 or more inhabitants shall enter into an intergovernmental agreement with the county clerk of that county and the Department of Public Health, as well as any other appropriate governmental agency, to obtain information that documents the death of a taxpayer who has been granted an exemption under this Section. Notwithstanding any other provision of law, the county clerk and the Department of Public Health shall provide that information to the chief county assessment officer. The Department of Public Health shall supply this information no less frequently than every calendar quarter. Information concerning the death of a taxpayer may be shared with the county treasurer. The chief county assessment officer shall also enter into a data exchange agreement with the Social Security Administration or its agent to obtain access to the information regarding deaths in possession of the Social Security Administration. The chief county assessment officer shall, subject to the notice requirements under subsection (m) of Section 9-275, terminate the exemption under this Section if the information obtained indicates that the property is no longer qualified for the exemption. In counties with 3,000,000 or more inhabitants, the assessor and the county recorder of deeds shall establish policies and practices for the regular exchange of information for the purpose of alerting the assessor whenever the transfer of ownership of any property receiving an exemption under this Section has occurred. When such a transfer occurs, the assessor shall mail a notice to the new owner of the property (i) informing the new owner that the exemption will remain in place through the year of the transfer, after which it will be canceled, and (ii) providing information pertaining to the rules for reapplying for the exemption if the owner qualifies. In counties with 3,000,000 or more inhabitants, the chief county assessment official shall conduct audits of all exemptions granted under this Section no later than December 31, 2022 and no later than December 31, 2024. The audit shall be designed to ascertain whether any senior homestead exemptions have been granted erroneously. If it is determined that a senior homestead exemption has been erroneously applied to a property, the chief county assessment officer shall make use of the appropriate provisions of Section 9-275 in relation to the property that received the erroneous homestead exemption. (j) In counties with less than 3,000,000 inhabitants, the county board may by
resolution provide that if a person has been granted a homestead exemption
under this Section, the person qualifying need not reapply for the exemption. In counties with less than 3,000,000 inhabitants, if the assessor or chief
county assessment officer requires annual application for verification of
eligibility for an exemption once granted under this Section, the application
shall be mailed to the taxpayer. (l) The assessor or chief county assessment officer shall notify each person
who qualifies for an exemption under this Section that the person may also
qualify for deferral of real estate taxes under the Senior Citizens Real Estate
Tax Deferral Act. The notice shall set forth the qualifications needed for
deferral of real estate taxes, the address and telephone number of
county collector, and a
statement that applications for deferral of real estate taxes may be obtained
from the county collector. (m) Notwithstanding Sections 6 and 8 of the State Mandates Act, no
reimbursement by the State is required for the implementation of any mandate
created by this Section. (Source: P.A. 101-453, eff. 8-23-19; 101-622, eff. 1-14-20; 102-895, eff. 5-23-22.) (Text of Section after amendment by P.A. 103-592 ) Sec. 15-170. Senior citizens homestead exemption. (a) An annual homestead exemption limited, except as described here with relation to cooperatives or life care facilities, to a maximum reduction set forth below from the property's value, as equalized or assessed by the Department, is granted for property that is occupied as a residence by a person 65 years of age or older who is liable for paying real estate taxes on the property and is an owner of record of the property or has a legal or equitable interest therein as evidenced by a written instrument, except for a leasehold interest, other than a leasehold interest of land on which a single family residence is located, which is occupied as a residence by a person 65 years or older who has an ownership interest therein, legal, equitable or as a lessee, and on which he or she is liable for the payment of property taxes. Before taxable year 2004, the maximum reduction shall be $2,500 in counties with 3,000,000 or more inhabitants and $2,000 in all other counties. For taxable years 2004 through 2005, the maximum reduction shall be $3,000 in all counties. For taxable years 2006 and 2007, the maximum reduction shall be $3,500. For taxable years 2008 through 2011, the maximum reduction is $4,000 in all counties. For taxable year 2012, the maximum reduction is $5,000 in counties with 3,000,000 or more inhabitants and $4,000 in all other counties. For taxable years 2013 through 2016, the maximum reduction is $5,000 in all counties. For taxable years 2017 through 2022, the maximum reduction is $8,000 in counties with 3,000,000 or more inhabitants and $5,000 in all other counties. For taxable years 2023 and thereafter, the maximum reduction is $8,000 in counties with 3,000,000 or more inhabitants and counties that are contiguous to a county of 3,000,000 or more inhabitants and $5,000 in all other counties. (b) For land improved with an apartment building owned and operated as a cooperative, the maximum reduction from the value of the property, as equalized by the Department, shall be multiplied by the number of apartments or units occupied by a person 65 years of age or older who is liable, by contract with the owner or owners of record, for paying property taxes on the property and is an owner of record of a legal or equitable interest in the cooperative apartment building, other than a leasehold interest. For land improved with a life care facility, the maximum reduction from the value of the property, as equalized by the Department, shall be multiplied by the number of apartments or units occupied by persons 65 years of age or older, irrespective of any legal, equitable, or leasehold interest in the facility, who are liable, under a contract with the owner or owners of record of the facility, for paying property taxes on the property. In a cooperative or a life care facility where a homestead exemption has been granted, the cooperative association or the management firm of the cooperative or facility shall credit the savings resulting from that exemption only to the apportioned tax liability of the owner or resident who qualified for the exemption. Any person who willfully refuses to so credit the savings shall be guilty of a Class B misdemeanor. Under this Section and Sections 15-175, 15-176, and 15-177, "life care facility" means a facility, as defined in Section 2 of the Life Care Facilities Act, with which the applicant for the homestead exemption has a life care contract as defined in that Act. (c) When a homestead exemption has been granted under this Section and the person qualifying subsequently becomes a resident of a facility licensed under the Assisted Living and Shared Housing Act, the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act, the exemption shall continue so long as the residence continues to be occupied by the qualifying person's spouse if the spouse is 65 years of age or older, or if the residence remains unoccupied but is still owned by the person qualified for the homestead exemption. (d) A person who will be 65 years of age during the current assessment year shall be eligible to apply for the homestead exemption during that assessment year. Application shall be made during the application period in effect for the county of his residence. (e) Beginning with assessment year 2003, for taxes payable in 2004, property that is first occupied as a residence after January 1 of any assessment year by a person who is eligible for the senior citizens homestead exemption under this Section must be granted a pro-rata exemption for the assessment year. The amount of the pro-rata exemption is the exemption allowed in the county under this Section divided by 365 and multiplied by the number of days during the assessment year the property is occupied as a residence by a person eligible for the exemption under this Section. The chief county assessment officer must adopt reasonable procedures to establish eligibility for this pro-rata exemption. (f) The assessor or chief county assessment officer may determine the eligibility of a life care facility to receive the benefits provided by this Section, by affidavit, application, visual inspection, questionnaire or other reasonable methods in order to ensure that the tax savings resulting from the exemption are credited by the management firm to the apportioned tax liability of each qualifying resident. The assessor may request reasonable proof that the management firm has so credited the exemption. (g) The chief county assessment officer of each county with less than 3,000,000 inhabitants shall provide to each person allowed a homestead exemption under this Section a form to designate any other person to receive a duplicate of any notice of delinquency in the payment of taxes assessed and levied under this Code on the property of the person receiving the exemption. The duplicate notice shall be in addition to the notice required to be provided to the person receiving the exemption, and shall be given in the manner required by this Code. The person filing the request for the duplicate notice shall pay a fee of $5 to cover administrative costs to the supervisor of assessments, who shall then file the executed designation with the county collector. Notwithstanding any other provision of this Code to the contrary, the filing of such an executed designation requires the county collector to provide duplicate notices as indicated by the designation. A designation may be rescinded by the person who executed such designation at any time, in the manner and form required by the chief county assessment officer. (h) The assessor or chief county assessment officer may determine the eligibility of residential property to receive the homestead exemption provided by this Section by application, visual inspection, questionnaire or other reasonable methods. The determination shall be made in accordance with guidelines established by the Department. (i) In counties with 3,000,000 or more inhabitants, for taxable years 2010 through 2018, each taxpayer who has been granted an exemption under this Section must reapply on an annual basis. If a reapplication is required, then the chief county assessment officer shall mail the application to the taxpayer at least 60 days prior to the last day of the application period for the county. For taxable years 2019 and thereafter, in counties with 3,000,000 or more inhabitants, a taxpayer who has been granted an exemption under this Section need not reapply. However, if the property ceases to be qualified for the exemption under this Section in any year for which a reapplication is not required under this Section, then the owner of record of the property shall notify the chief county assessment officer that the property is no longer qualified. In addition, for taxable years 2019 and thereafter, the chief county assessment officer of a county with 3,000,000 or more inhabitants shall enter into an intergovernmental agreement with the county clerk of that county and the Department of Public Health, as well as any other appropriate governmental agency, to obtain information that documents the death of a taxpayer who has been granted an exemption under this Section. Notwithstanding any other provision of law, the county clerk and the Department of Public Health shall provide that information to the chief county assessment officer. The Department of Public Health shall supply this information no less frequently than every calendar quarter. Information concerning the death of a taxpayer may be shared with the county treasurer. The chief county assessment officer shall also enter into a data exchange agreement with the Social Security Administration or its agent to obtain access to the information regarding deaths in possession of the Social Security Administration. The chief county assessment officer shall, subject to the notice requirements under subsection (m) of Section 9-275, terminate the exemption under this Section if the information obtained indicates that the property is no longer qualified for the exemption. In counties with 3,000,000 or more inhabitants, the assessor and the county clerk shall establish policies and practices for the regular exchange of information for the purpose of alerting the assessor whenever the transfer of ownership of any property receiving an exemption under this Section has occurred. When such a transfer occurs, the assessor shall mail a notice to the new owner of the property (i) informing the new owner that the exemption will remain in place through the year of the transfer, after which it will be canceled, and (ii) providing information pertaining to the rules for reapplying for the exemption if the owner qualifies. In counties with 3,000,000 or more inhabitants, the chief county assessment official shall conduct, by no later than December 31 of the first year of each reassessment cycle, as determined by Section 9-220, a review of all exemptions granted under this Section for the preceding reassessment cycle under this Section. The review shall be designed to ascertain whether any senior homestead exemptions have been granted erroneously. If it is determined that a senior homestead exemption has been erroneously applied to a property, the chief county assessment officer shall make use of the appropriate provisions of Section 9-275 in relation to the property that received the erroneous homestead exemption. (j) In counties with less than 3,000,000 inhabitants, the county board may by resolution provide that if a person has been granted a homestead exemption under this Section, the person qualifying need not reapply for the exemption. In counties in which the county board passes such a resolution, the chief county assessment official shall, prior to the submission of the final abstract for the first year of each reassessment cycle, as determined by Section 9-215, review all exemptions granted for the preceding reassessment cycle under this Section. The review shall be designed to ascertain whether any senior homestead exemptions have been granted erroneously. In counties with less than 3,000,000 inhabitants, if the assessor or chief county assessment officer requires annual application for verification of eligibility for an exemption once granted under this Section, the application shall be mailed to the taxpayer. (l) The assessor or chief county assessment officer shall notify each person who qualifies for an exemption under this Section that the person may also qualify for deferral of real estate taxes under the Senior Citizens Real Estate Tax Deferral Act. The notice shall set forth the qualifications needed for deferral of real estate taxes, the address and telephone number of county collector, and a statement that applications for deferral of real estate taxes may be obtained from the county collector. (m) Notwithstanding Sections 6 and 8 of the State Mandates Act, no reimbursement by the State is required for the implementation of any mandate created by this Section. (Source: P.A. 102-895, eff. 5-23-22; 103-592, eff. 1-1-25.) |
35 ILCS 200/15-172
(35 ILCS 200/15-172)
Sec. 15-172. Low-Income Senior Citizens Assessment Freeze Homestead Exemption.
(a) This Section may be cited as the Low-Income Senior Citizens Assessment
Freeze Homestead Exemption.
(b) As used in this Section:
"Applicant" means an individual who has filed an application under this
Section.
"Base amount" means the base year equalized assessed value of the residence
plus the first year's equalized assessed value of any added improvements which
increased the assessed value of the residence after the base year.
"Base year" means the taxable year prior to the taxable year for which the
applicant first qualifies and applies for the exemption provided that in the
prior taxable year the property was improved with a permanent structure that
was occupied as a residence by the applicant who was liable for paying real
property taxes on the property and who was either (i) an owner of record of the
property or had legal or equitable interest in the property as evidenced by a
written instrument or (ii) had a legal or equitable interest as a lessee in the
parcel of property that was single family residence.
If in any subsequent taxable year for which the applicant applies and
qualifies for the exemption the equalized assessed value of the residence is
less than the equalized assessed value in the existing base year
(provided that such equalized assessed value is not
based
on an
assessed value that results from a temporary irregularity in the property that
reduces the
assessed value for one or more taxable years), then that
subsequent taxable year shall become the base year until a new base year is
established under the terms of this paragraph. For taxable year 1999 only, the
Chief County Assessment Officer shall review (i) all taxable years for which
the
applicant applied and qualified for the exemption and (ii) the existing base
year.
The assessment officer shall select as the new base year the year with the
lowest equalized assessed value.
An equalized assessed value that is based on an assessed value that results
from a
temporary irregularity in the property that reduces the assessed value for one
or more
taxable years shall not be considered the lowest equalized assessed value.
The selected year shall be the base year for
taxable year 1999 and thereafter until a new base year is established under the
terms of this paragraph.
"Chief County Assessment Officer" means the County Assessor or Supervisor of
Assessments of the county in which the property is located.
"Equalized assessed value" means the assessed value as equalized by the
Illinois Department of Revenue.
"Household" means the applicant, the spouse of the applicant, and all persons
using the residence of the applicant as their principal place of residence.
"Household income" means the combined income of the members of a household
for the calendar year preceding the taxable year.
"Income" has the same meaning as provided in Section 3.07 of the Senior
Citizens and Persons with Disabilities Property Tax Relief
Act, except that, beginning in assessment year 2001, "income" does not
include veteran's benefits.
"Internal Revenue Code of 1986" means the United States Internal Revenue Code
of 1986 or any successor law or laws relating to federal income taxes in effect
for the year preceding the taxable year.
"Life care facility that qualifies as a cooperative" means a facility as
defined in Section 2 of the Life Care Facilities Act.
"Maximum income limitation" means: (1) $35,000 prior
to taxable year 1999; (2) $40,000 in taxable years 1999 through 2003; (3) $45,000 in taxable years 2004 through 2005; (4) $50,000 in taxable years 2006 and 2007; (5) $55,000 in taxable years 2008 through 2016;
(6) for taxable year 2017, (i) $65,000 for qualified | | property located in a county with 3,000,000 or more inhabitants and (ii) $55,000 for qualified property located in a county with fewer than 3,000,000 inhabitants; and
|
| (7) for taxable years 2018 and thereafter, $65,000
| | for all qualified property.
|
| As an alternative income valuation, a homeowner who is enrolled in any of the following programs may be presumed to have household income that does not exceed the maximum income limitation for that tax year as required by this Section: Aid to the Aged, Blind or Disabled (AABD) Program or the Supplemental Nutrition Assistance Program (SNAP), both of which are administered by the Department of Human Services; the Low Income Home Energy Assistance Program (LIHEAP), which is administered by the Department of Commerce and Economic Opportunity; The Benefit Access program, which is administered by the Department on Aging; and the Senior Citizens Real Estate Tax Deferral Program.
A chief county assessment officer may indicate that he or she has verified an applicant's income eligibility for this exemption but may not report which program or programs, if any, enroll the applicant. Release of personal information submitted pursuant to this Section shall be deemed an unwarranted invasion of personal privacy under the Freedom of Information Act.
"Residence" means the principal dwelling place and appurtenant structures
used for residential purposes in this State occupied on January 1 of the
taxable year by a household and so much of the surrounding land, constituting
the parcel upon which the dwelling place is situated, as is used for
residential purposes. If the Chief County Assessment Officer has established a
specific legal description for a portion of property constituting the
residence, then that portion of property shall be deemed the residence for the
purposes of this Section.
"Taxable year" means the calendar year during which ad valorem property taxes
payable in the next succeeding year are levied.
(c) Beginning in taxable year 1994, a low-income senior citizens assessment freeze
homestead exemption is granted for real property that is improved with a
permanent structure that is occupied as a residence by an applicant who (i) is
65 years of age or older during the taxable year, (ii) has a household income that does not exceed the maximum income limitation, (iii) is liable for paying real property taxes on
the
property, and (iv) is an owner of record of the property or has a legal or
equitable interest in the property as evidenced by a written instrument. This
homestead exemption shall also apply to a leasehold interest in a parcel of
property improved with a permanent structure that is a single family residence
that is occupied as a residence by a person who (i) is 65 years of age or older
during the taxable year, (ii) has a household income that does not exceed the maximum income limitation,
(iii)
has a legal or equitable ownership interest in the property as lessee, and (iv)
is liable for the payment of real property taxes on that property.
In counties of 3,000,000 or more inhabitants, the amount of the exemption for all taxable years is the equalized assessed value of the
residence in the taxable year for which application is made minus the base
amount. In all other counties, the amount of the exemption is as follows: (i) through taxable year 2005 and for taxable year 2007 and thereafter, the amount of this exemption shall be the equalized assessed value of the
residence in the taxable year for which application is made minus the base
amount; and (ii) for
taxable year 2006, the amount of the exemption is as follows:
(1) For an applicant who has a household income of
| | $45,000 or less, the amount of the exemption is the equalized assessed value of the residence in the taxable year for which application is made minus the base amount.
|
| (2) For an applicant who has a household income
| | exceeding $45,000 but not exceeding $46,250, the amount of the exemption is (i) the equalized assessed value of the residence in the taxable year for which application is made minus the base amount (ii) multiplied by 0.8.
|
| (3) For an applicant who has a household income
| | exceeding $46,250 but not exceeding $47,500, the amount of the exemption is (i) the equalized assessed value of the residence in the taxable year for which application is made minus the base amount (ii) multiplied by 0.6.
|
| (4) For an applicant who has a household income
| | exceeding $47,500 but not exceeding $48,750, the amount of the exemption is (i) the equalized assessed value of the residence in the taxable year for which application is made minus the base amount (ii) multiplied by 0.4.
|
| (5) For an applicant who has a household income
| | exceeding $48,750 but not exceeding $50,000, the amount of the exemption is (i) the equalized assessed value of the residence in the taxable year for which application is made minus the base amount (ii) multiplied by 0.2.
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| When the applicant is a surviving spouse of an applicant for a prior year for
the same residence for which an exemption under this Section has been granted,
the base year and base amount for that residence are the same as for the
applicant for the prior year.
Each year at the time the assessment books are certified to the County Clerk,
the Board of Review or Board of Appeals shall give to the County Clerk a list
of the assessed values of improvements on each parcel qualifying for this
exemption that were added after the base year for this parcel and that
increased the assessed value of the property.
In the case of land improved with an apartment building owned and operated as
a cooperative or a building that is a life care facility that qualifies as a
cooperative, the maximum reduction from the equalized assessed value of the
property is limited to the sum of the reductions calculated for each unit
occupied as a residence by a person or persons (i) 65 years of age or older, (ii) with a
household income that does not exceed the maximum income limitation, (iii) who is liable, by contract with the
owner
or owners of record, for paying real property taxes on the property, and (iv) who is
an owner of record of a legal or equitable interest in the cooperative
apartment building, other than a leasehold interest. In the instance of a
cooperative where a homestead exemption has been granted under this Section,
the cooperative association or its management firm shall credit the savings
resulting from that exemption only to the apportioned tax liability of the
owner who qualified for the exemption. Any person who willfully refuses to
credit that savings to an owner who qualifies for the exemption is guilty of a
Class B misdemeanor.
When a homestead exemption has been granted under this Section and an
applicant then becomes a resident of a facility licensed under the Assisted Living and Shared Housing Act, the Nursing Home
Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act, the exemption shall be granted in subsequent years so long as the
residence (i) continues to be occupied by the qualified applicant's spouse or
(ii) if remaining unoccupied, is still owned by the qualified applicant for the
homestead exemption.
Beginning January 1, 1997, when an individual dies who would have qualified
for an exemption under this Section, and the surviving spouse does not
independently qualify for this exemption because of age, the exemption under
this Section shall be granted to the surviving spouse for the taxable year
preceding and the taxable
year of the death, provided that, except for age, the surviving spouse meets
all
other qualifications for the granting of this exemption for those years.
When married persons maintain separate residences, the exemption provided for
in this Section may be claimed by only one of such persons and for only one
residence.
For taxable year 1994 only, in counties having less than 3,000,000
inhabitants, to receive the exemption, a person shall submit an application by
February 15, 1995 to the Chief County Assessment Officer
of the county in which the property is located. In counties having 3,000,000
or more inhabitants, for taxable year 1994 and all subsequent taxable years, to
receive the exemption, a person
may submit an application to the Chief County
Assessment Officer of the county in which the property is located during such
period as may be specified by the Chief County Assessment Officer. The Chief
County Assessment Officer in counties of 3,000,000 or more inhabitants shall
annually give notice of the application period by mail or by publication. In
counties having less than 3,000,000 inhabitants, beginning with taxable year
1995 and thereafter, to receive the exemption, a person
shall
submit an
application by July 1 of each taxable year to the Chief County Assessment
Officer of the county in which the property is located. A county may, by
ordinance, establish a date for submission of applications that is
different than
July 1.
The applicant shall submit with the
application an affidavit of the applicant's total household income, age,
marital status (and if married the name and address of the applicant's spouse,
if known), and principal dwelling place of members of the household on January
1 of the taxable year. The Department shall establish, by rule, a method for
verifying the accuracy of affidavits filed by applicants under this Section, and the Chief County Assessment Officer may conduct audits of any taxpayer claiming an exemption under this Section to verify that the taxpayer is eligible to receive the exemption. Each application shall contain or be verified by a written declaration that it is made under the penalties of perjury. A taxpayer's signing a fraudulent application under this Act is perjury, as defined in Section 32-2 of the Criminal Code of 2012.
The applications shall be clearly marked as applications for the Low-Income Senior
Citizens Assessment Freeze Homestead Exemption and must contain a notice that any taxpayer who receives the exemption is subject to an audit by the Chief County Assessment Officer.
Notwithstanding any other provision to the contrary, in counties having fewer
than 3,000,000 inhabitants, if an applicant fails
to file the application required by this Section in a timely manner and this
failure to file is due to a mental or physical condition sufficiently severe so
as to render the applicant incapable of filing the application in a timely
manner, the Chief County Assessment Officer may extend the filing deadline for
a period of 30 days after the applicant regains the capability to file the
application, but in no case may the filing deadline be extended beyond 3
months of the original filing deadline. In order to receive the extension
provided in this paragraph, the applicant shall provide the Chief County
Assessment Officer with a signed statement from the applicant's physician, advanced practice registered nurse, or physician assistant
stating the nature and extent of the condition, that, in the
physician's, advanced practice registered nurse's, or physician assistant's opinion, the condition was so severe that it rendered the applicant
incapable of filing the application in a timely manner, and the date on which
the applicant regained the capability to file the application.
Beginning January 1, 1998, notwithstanding any other provision to the
contrary, in counties having fewer than 3,000,000 inhabitants, if an applicant
fails to file the application required by this Section in a timely manner and
this failure to file is due to a mental or physical condition sufficiently
severe so as to render the applicant incapable of filing the application in a
timely manner, the Chief County Assessment Officer may extend the filing
deadline for a period of 3 months. In order to receive the extension provided
in this paragraph, the applicant shall provide the Chief County Assessment
Officer with a signed statement from the applicant's physician, advanced practice registered nurse, or physician assistant stating the
nature and extent of the condition, and that, in the physician's, advanced practice registered nurse's, or physician assistant's opinion, the
condition was so severe that it rendered the applicant incapable of filing the
application in a timely manner.
In counties having less than 3,000,000 inhabitants, if an applicant was
denied an exemption in taxable year 1994 and the denial occurred due to an
error on the part of an assessment
official, or his or her agent or employee, then beginning in taxable year 1997
the
applicant's base year, for purposes of determining the amount of the exemption,
shall be 1993 rather than 1994. In addition, in taxable year 1997, the
applicant's exemption shall also include an amount equal to (i) the amount of
any exemption denied to the applicant in taxable year 1995 as a result of using
1994, rather than 1993, as the base year, (ii) the amount of any exemption
denied to the applicant in taxable year 1996 as a result of using 1994, rather
than 1993, as the base year, and (iii) the amount of the exemption erroneously
denied for taxable year 1994.
For purposes of this Section, a person who will be 65 years of age during the
current taxable year shall be eligible to apply for the homestead exemption
during that taxable year. Application shall be made during the application
period in effect for the county of his or her residence.
The Chief County Assessment Officer may determine the eligibility of a life
care facility that qualifies as a cooperative to receive the benefits
provided by this Section by use of an affidavit, application, visual
inspection, questionnaire, or other reasonable method in order to insure that
the tax savings resulting from the exemption are credited by the management
firm to the apportioned tax liability of each qualifying resident. The Chief
County Assessment Officer may request reasonable proof that the management firm
has so credited that exemption.
Except as provided in this Section, all information received by the chief
county assessment officer or the Department from applications filed under this
Section, or from any investigation conducted under the provisions of this
Section, shall be confidential, except for official purposes or
pursuant to official procedures for collection of any State or local tax or
enforcement of any civil or criminal penalty or sanction imposed by this Act or
by any statute or ordinance imposing a State or local tax. Any person who
divulges any such information in any manner, except in accordance with a proper
judicial order, is guilty of a Class A misdemeanor.
Nothing contained in this Section shall prevent the Director or chief county
assessment officer from publishing or making available reasonable statistics
concerning the operation of the exemption contained in this Section in which
the contents of claims are grouped into aggregates in such a way that
information contained in any individual claim shall not be disclosed.
Notwithstanding any other provision of law, for taxable year 2017 and thereafter, in counties of 3,000,000 or more inhabitants, the amount of the exemption shall be the greater of (i) the amount of the exemption otherwise calculated under this Section or (ii) $2,000.
(c-5) Notwithstanding any other provision of law, each chief county assessment officer may approve this exemption for the 2020 taxable year, without application, for any property that was approved for this exemption for the 2019 taxable year, provided that:
(1) the county board has declared a local disaster as
| | provided in the Illinois Emergency Management Agency Act related to the COVID-19 public health emergency;
|
| (2) the owner of record of the property as of January
| | 1, 2020 is the same as the owner of record of the property as of January 1, 2019;
|
| (3) the exemption for the 2019 taxable year has not
| | been determined to be an erroneous exemption as defined by this Code; and
|
| (4) the applicant for the 2019 taxable year has not
| | asked for the exemption to be removed for the 2019 or 2020 taxable years.
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| Nothing in this subsection shall preclude or impair the authority of a chief county assessment officer to conduct audits of any taxpayer claiming an exemption under this Section to verify that the taxpayer is eligible to receive the exemption as provided elsewhere in this Section.
(c-10) Notwithstanding any other provision of law, each chief county assessment officer may approve this exemption for the 2021 taxable year, without application, for any property that was approved for this exemption for the 2020 taxable year, if:
(1) the county board has declared a local disaster as
| | provided in the Illinois Emergency Management Agency Act related to the COVID-19 public health emergency;
|
| (2) the owner of record of the property as of January
| | 1, 2021 is the same as the owner of record of the property as of January 1, 2020;
|
| (3) the exemption for the 2020 taxable year has not
| | been determined to be an erroneous exemption as defined by this Code; and
|
| (4) the taxpayer for the 2020 taxable year has not
| | asked for the exemption to be removed for the 2020 or 2021 taxable years.
|
| Nothing in this subsection shall preclude or impair the authority of a chief county assessment officer to conduct audits of any taxpayer claiming an exemption under this Section to verify that the taxpayer is eligible to receive the exemption as provided elsewhere in this Section.
(d) Each Chief County Assessment Officer shall annually publish a notice
of availability of the exemption provided under this Section. The notice
shall be published at least 60 days but no more than 75 days prior to the date
on which the application must be submitted to the Chief County Assessment
Officer of the county in which the property is located. The notice shall
appear in a newspaper of general circulation in the county.
Notwithstanding Sections 6 and 8 of the State Mandates Act, no reimbursement by the State is required for the implementation of any mandate created by this Section.
(Source: P.A. 101-635, eff. 6-5-20; 102-136, eff. 7-23-21; 102-895, eff. 5-23-22.)
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35 ILCS 200/15-173 (35 ILCS 200/15-173) Sec. 15-173. Natural Disaster Homestead Exemption. (a) This Section may be cited as the Natural Disaster Homestead Exemption. (b) As used in this Section: "Base amount" means the base year equalized assessed value of the residence. "Base year" means the taxable year prior to the taxable year in which the natural disaster occurred. "Chief county assessment officer" means the County Assessor or Supervisor of
Assessments of the county in which the property is located. "Equalized assessed value" means the assessed value as equalized by the
Illinois Department of Revenue. "Homestead property" has the meaning ascribed to that term in Section 15-175 of this Code. "Natural disaster" means an occurrence of widespread or severe damage or loss of property
resulting from any catastrophic cause including but not limited to fire, flood, earthquake, wind, storm, or extended period of severe inclement weather. In the case of a residential
structure affected by flooding, the structure shall not be eligible for this
homestead improvement exemption unless it is located within a local
jurisdiction which is participating in the National Flood Insurance Program. A proclamation of disaster by the President of the United States or Governor of the State of Illinois is not a prerequisite to the classification of an occurrence as a natural disaster under this Section. (c) A
homestead exemption shall be granted by the chief county assessment officer for homestead properties containing a residential structure that has been
rebuilt following a natural disaster occurring in taxable year 2012 or any taxable year thereafter. The amount of the exemption is the equalized assessed value of the residence in the first taxable year for which the taxpayer applies for an exemption under this Section minus the base amount. To be eligible for an exemption
under this Section: (i) the residential structure must
be rebuilt within 2 years after the date of the natural disaster; and (ii) the square footage of the rebuilt residential structure may not be more than 110% of the square footage of the original residential structure as it existed immediately prior to the natural disaster. The taxpayer's initial application for an exemption under this Section must be made no later than the first taxable year after the residential structure is rebuilt. The exemption shall continue at the same annual amount until the taxable year in which the property is sold or transferred. (d) To receive the exemption, the taxpayer shall submit an application to the chief county assessment officer of the county in which the property is located by July 1 of each taxable year. A county may, by resolution, establish a date for submission of applications that is different than July 1. The chief county assessment officer may require additional
documentation to be provided by the applicant. The applications shall be clearly marked as applications for the Natural Disaster Homestead Exemption. (e) Property is not eligible for an exemption under this Section and Section 15-180 for the same natural disaster or catastrophic event. The property may, however, remain eligible for an additional exemption under Section 15-180 for any separate event occurring after the property qualified for an exemption under this Section. (f) The exemption under this Section carries over to the benefit of the surviving spouse as long as the spouse holds the legal or beneficial title to the homestead and permanently resides thereon. (g) Notwithstanding Sections 6 and 8 of the State Mandates Act, no reimbursement by the State is required for the implementation of any mandate created by this Section.
(Source: P.A. 97-716, eff. 6-29-12.) |
35 ILCS 200/15-174 (35 ILCS 200/15-174) Sec. 15-174. Community stabilization assessment freeze pilot program. (a) Beginning January 1, 2015 and ending June 30, 2029, the chief county assessment officer of any county may reduce the assessed value of improvements to residential real property in accordance with subsection (b) for 10 taxable years after the improvements are put in service, if and only if all of the following factors have been met: (1) the improvements are residential; (2) the parcel was purchased or otherwise conveyed to | | the taxpayer after January 1 of the taxable year and that conveyance was not a tax sale as required under the Property Tax Code;
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| (3) the parcel is located in a targeted area;
(4) for single family homes, the taxpayer occupies
| | the improvements on the parcel as his or her primary residence; for residences of one to 6 units that will not be owner-occupied, the taxpayer replaces 2 primary building systems as outlined in this Section;
|
| (5) the transfer from the holder of the prior
| | mortgage to the taxpayer was an arm's length transaction, in that the taxpayer has no legal relationship to the holder of the prior mortgage;
|
| (6) an existing residential dwelling structure of no
| | more than 6 units on the parcel was unoccupied at the time of conveyance for a minimum of 6 months, or the parcel was ordered by a court of competent jurisdiction to be deconverted in accordance with the provisions governing distressed condominiums as provided in the Condominium Property Act;
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| (7) the parcel is clear of unreleased liens and has
| | no outstanding tax liabilities attached against it; and
|
| (8) the purchase price did not exceed the Federal
| | Housing Administration's loan limits then in place for the area in which the improvement is located.
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| To be eligible for the benefit
conferred by this Section, residential units must (i) meet local building codes, or if there are no local building codes, Housing Quality Standards, as determined by the U.S. Department of Housing and Urban Development from time to time and (ii) be owner-occupied or in need of substantial rehabilitation. "Substantial rehabilitation" means, at a minimum, compliance with local building codes and the replacement or renovation of at least 2
primary building systems. Although the cost of each primary building system may vary, the combined expenditure for making the building compliant with local codes and replacing primary building systems must be at least $5 per square foot, adjusted by the Consumer Price Index for All Urban Consumers, as published annually by the U.S. Department of Labor. "Primary building systems", together with their related rehabilitations, specifically approved for this program are:
(1) Electrical. All electrical work must comply with
| | applicable codes; it may consist of a combination of any of the following alternatives:
|
| (A) installing individual equipment and appliance
| | branch circuits as required by code (the minimum being a kitchen appliance branch circuit);
|
| (B) installing a new emergency service, including
| | emergency lighting with all associated conduits and wiring;
|
| (C) rewiring all existing feeder conduits ("home
| | runs") from the main switchgear to apartment area distribution panels;
|
| (D) installing new in-wall conduits for
| | receptacles, switches, appliances, equipment, and fixtures;
|
| (E) replacing power wiring for receptacles,
| | switches, appliances, equipment, and fixtures;
|
| (F) installing new light fixtures throughout the
| | building including closets and central areas;
|
| (G) replacing, adding, or doing work as necessary
| | to bring all receptacles, switches, and other electrical devices into code compliance;
|
| (H) installing a new main service, including
| | conduit, cables into the building, and main disconnect switch; and
|
| (I) installing new distribution panels, including
| | all panel wiring, terminals, circuit breakers, and all other panel devices.
|
| (2) Heating. All heating work must comply with
| | applicable codes; it may consist of a combination of any of the following alternatives:
|
| (A) installing a new system to replace one of the
| | following heat distribution systems: (i) piping and heat radiating units, including new main line venting and radiator venting; or (ii) duct work, diffusers, and cold air returns; or (iii) any other type of existing heat distribution and radiation/diffusion components; or
|
| (B) installing a new system to replace one of the
| | following heat generating units: (i) hot water/steam boiler; (ii) gas furnace; or (iii) any other type of existing heat generating unit.
|
| (3) Plumbing. All plumbing work must comply with
| | applicable codes. Replace all or a part of the in-wall supply and waste plumbing; however, main supply risers, waste stacks and vents, and code-conforming waste lines need not be replaced.
|
| (4) Roofing. All roofing work must comply with
| | applicable codes; it may consist of either of the following alternatives, separately or in combination:
|
| (A) replacing all rotted roof decks and
| | (B) replacing or repairing leaking roof membranes
| | (10% is the suggested minimum replacement of membrane); restoration of the entire roof is an acceptable substitute for membrane replacement.
|
| (5) Exterior doors and windows. Replace the exterior
| | doors and windows. Renovation of ornate entry doors is an acceptable substitute for replacement.
|
| (6) Floors, walls, and ceilings. Finishes must be
| | replaced or covered over with new material. Acceptable replacement or covering materials are as follows:
|
| (A) floors must have new carpeting, vinyl tile,
| | ceramic, refurbished wood finish, or a similar substitute;
|
| (B) walls must have new drywall, including joint
| | (C) new ceilings must be either drywall,
| | suspended type, or a similar substitute.
|
| (7) Exterior walls.
(A) replace loose or crumbling mortar and masonry
| | (B) replace or paint wall siding and trim as
| | (C) bring porches and balconies to a sound
| | (D) any combination of (A), (B), and (C).
(8) Elevators. Where applicable, at least 4 of the
| | following 7 alternatives must be accomplished:
|
| (A) replace or rebuild the machine room controls
| | and refurbish the elevator machine (or equivalent mechanisms in the case of hydraulic elevators);
|
| (B) replace hoistway electro-mechanical items
| | including: ropes, switches, limits, buffers, levelers, and deflector sheaves (or equivalent mechanisms in the case of hydraulic elevators);
|
| (C) replace hoistway wiring;
(D) replace door operators and linkage;
(E) replace door panels at each opening;
(F) replace hall stations, car stations, and
| | (G) rebuild the car shell and refinish the
| | (9) Health and safety.
(A) install or replace fire suppression systems;
(B) install or replace security systems; or
(C) environmental remediation of lead-based
| | paint, asbestos, leaking underground storage tanks, or radon.
|
| (10) Energy conservation improvements undertaken to
| | limit the amount of solar energy absorbed by a building's roof or to reduce energy use for the property, including any of the following activities:
|
| (A) installing or replacing reflective roof
| | (B) installing or replacing R-38 roof insulation;
(C) installing or replacing R-19 perimeter wall
| | (D) installing or replacing insulated entry
| | (E) installing or replacing Low E, insulated
| | (F) installing or replacing low-flow plumbing
| | (G) installing or replacing 90% sealed combustion
| | (H) installing or replacing direct exhaust hot
| | (I) installing or replacing mechanical
| | ventilation to exterior for kitchens and baths;
|
| (J) installing or replacing Energy Star
| | (K) installing low VOC interior paints on
| | (L) installing or replacing fluorescent lighting
| | (M) installing or replacing grading and
| | landscaping to promote on-site water retention.
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| (b) For the first 7 years after the improvements are placed in service, the assessed value of the improvements shall be reduced by an amount equal to 90% of the difference between the base year assessed value of the improvements and the assessed value of the improvements in the current taxable year. The property will continue to be eligible for the benefits under this Section in the eighth and ninth taxable years after the improvements are placed in service, calculated as follows, if and only if all of the factors in subsection (a) of this Section continue to be met: in the eighth taxable year, the assessed value of the improvements shall be reduced by an amount equal to 65% of the difference between the base year assessed value of the improvements and the assessed value of the improvements in the current taxable year, and in the ninth taxable year, the assessed value of the improvements shall be reduced by an amount equal to 35% of the difference between the base year assessed value of the improvements and the assessed value of the improvements in the current taxable year. The benefit will cease in the tenth taxable year.
(c) In order to receive benefits under this Section, in addition to any information required by the chief county assessment officer, the taxpayer must also submit the following information to the chief county assessment officer for review:
(1) the owner's name;
(2) the postal address and permanent index number of
| | (3) a deed or other instrument conveying the parcel
| | (4) evidence that the purchase price is within the
| | Federal Housing Administration's loan limits for the area in which the improvement is located;
|
| (5) certification that the parcel was unoccupied at
| | the time of conveyance to the current owner for a minimum of at least 6 months;
|
| (6) evidence that the parcel is clear of unreleased
| | liens and has no outstanding tax liabilities attached against it;
|
| (7) evidence that the improvements meet local
| | building codes, or if there are no local building codes, Housing Quality Standards, as determined by the U.S. Department of Housing and Urban Development from time to time, which may be shown by a certificate of occupancy issued by the appropriate local government or the certification by a home inspector licensed by the State of Illinois; and
|
| (8) any additional information as reasonably required
| | by the chief county assessment officer.
|
| (d) The chief county assessment officer shall notify the taxpayer as to whether or not the parcel meets the requirements of this Section. If the parcel does not meet the requirements of this Section, the chief county assessment officer shall provide written notice of any deficiencies to the taxpayer, who will then have 14 days from the date of
notification to provide supplemental information showing compliance with this Section. If the taxpayer does not exercise this right to cure the deficiency, or if the information submitted, in the sole judgment of the chief county assessment officer, is insufficient to meet the requirements of this Section, the
chief county assessment officer shall provide a written explanation of the reasons for denial. A taxpayer may subsequently reapply for the benefit if the deficiencies are cured at a later date, but no later than 2019. The chief county assessment officer may charge a reasonable application fee to offset the administrative expenses associated with the program.
(e) The benefit conferred by this Section is limited as follows:
(1) The owner is eligible to apply for the benefit
| | conferred by this Section beginning January 1, 2015 through December 31, 2019. If approved, the reduction will be effective for the current taxable year, which will be reflected in the tax bill issued in the following taxable year.
|
| (2) The reduction outlined in this Section shall
| | continue for a period of 10 years, and may not be extended or renewed for any additional period.
|
| (3) At the completion of the assessment freeze
| | period described here, the entire parcel will be assessed as otherwise provided in this Code.
|
| (4) If there is a transfer of ownership during the
| | period of the assessment freeze, then the benefit conferred by this Section shall not apply on or after the date of that transfer unless (i) the property is conveyed by an owner who does not occupy the improvements as a primary residence to an owner who will occupy the improvements as a primary residence and (ii) all requirements of this Section continue to be met.
|
| (f) If the taxpayer does not occupy or intend to occupy the residential dwelling as his or her principal residence within a reasonable time, as determined by the chief county assessment officer, the taxpayer must:
(1) immediately secure the residential dwelling in
| | accordance with the requirements of this Section;
|
| (2) complete sufficient rehabilitation to bring the
| | improvements into compliance with local building codes, including, without limitation, regulations concerning lead-based paint and asbestos remediation; and
|
| (3) complete rehabilitation within 18 months of
| | (g) For the purposes of this Section,
"Base year" means the taxable year prior to the
| | taxable year in which the property is purchased by the eligible homeowner.
|
| "Secure" means that:
(1) all doors and windows are closed and secured
| | using secure doors, windows without broken or cracked panes, commercial-quality metal security panels filled with like-kind material as the surrounding wall, or plywood installed and secured in accordance with local ordinances; at least one building entrance shall be accessible from the exterior and secured with a door that is locked to allow access only to authorized persons;
|
| (2) all grass and weeds on the vacant residential
| | property are maintained below 10 inches in height, unless a local ordinance imposes a lower height;
|
| (3) debris, trash, and litter on any portion of
| | the exterior of the vacant residential property is removed in compliance with local ordinance;
|
| (4) fences, gates, stairs, and steps that lead to
| | the main entrance of the building are maintained in a structurally sound and reasonable manner;
|
| (5) the property is winterized when appropriate;
(6) the exterior of the improvements are
| | reasonably maintained to ensure the safety of passersby; and
|
| (7) vermin and pests are regularly exterminated
| | on the exterior and interior of the property.
|
| "Targeted area" means a distressed community that
| | meets the geographic, poverty, and unemployment criteria for a distressed community set forth in 12 C.F.R. 1806.200.
|
|
(Source: P.A. 98-789, eff. 1-1-15 .)
|
35 ILCS 200/15-174.5 (35 ILCS 200/15-174.5) Sec. 15-174.5. Special homestead exemption for certain municipality-built homes. (a) This Section applies to property located in a county with 3,000,000 or more inhabitants. This Section also applies to property located in a county with fewer than 3,000,000 inhabitants if the county board of that county has so provided by ordinance or resolution. (b) For tax year 2024 and thereafter, eligible property qualifies for a homestead exemption under this Section for a 10-year period beginning with the tax year following the year in which the property is first sold by the municipality to a private homeowner. Eligible property is not eligible for a refund of taxes paid for tax years prior to the year in which this amendatory Act of the 103rd General Assembly takes effect. In the case of mixed-use property, the exemption under this Section applies only to the residential portion of the property that is used as a primary residence by the owner. (c) The exemption under this Section shall be a reduction in the equalized assessed value of the property equal to: (1) in the first 8 years of eligibility, 50% of the | | equalized assessed value of the property in the year following the initial sale by the municipality; and
|
| (2) in the ninth and tenth years of eligibility, 33%
| | of the equalized assessed value of the property in the year following the initial sale by the municipality.
|
| (d) A homeowner seeking the exemption under this Section shall file an application with the chief county assessment officer. Once approved by the assessor, the exemption shall renew annually and automatically without another application, unless the exemption is waived by the current homeowner as provided in this subsection. The exemption under this Section is transferable to new owners of the home, provided that (i) the exemption runs from the sale of the property by a municipality to the first private owner, (ii) the new owner notifies the assessor that they have taken possession of the property, and (iii) the property is used by the owner as their principal residence. A property owner who has received a reduction under this Section may waive the exemption at any time prior to the expiration of the 10-year exemption period and begin to receive the benefits of other exemptions at their sole and irrevocable discretion. Owners who decide to waive the exemption shall notify the assessor on a form provided by the assessor. The current property owner shall notify the assessor and waive the exemption if the property ceases to be their primary residence.
(e) Notwithstanding any other provision of law, no property that receives an exemption under this Section may simultaneously receive a reduction or exemption under Section 15-168 (persons with disabilities), Section 15-169 (standard homestead for veterans with disabilities); Section 15-170 (senior citizens), Section 15-172 (low-income senior citizens), or Section 15-175 (general homestead). In the first year following the expiration or waiver of the exemption under this Section, a property owner that is eligible for the Low-Income Senior Citizen Assessment Freeze exemption in that year may establish a base amount under Section 15-172 at the value of their home in their first year of eligibility for that exemption during the time when they were receiving this exemption, provided that they demonstrate retrospectively that they were eligible for that exemption at that point in time while receiving this exemption.
(f) As used in this Section:
"Eligible property" means property that:
(1) contains a single family residence that was built
| | no earlier than January 1, 2021 by a municipality and was sold to a private homeowner before January 1, 2035;
|
| (2) is zoned for residential or mixed use; and
(3) meets either or both of the following criteria:
(A) the property was exempt from property taxes
| | prior to the construction of the home; or
|
| (B) the municipality conducted environmental
| | remediation on the property pursuant to Title XVII of the Environmental Protection Act.
|
|
(Source: P.A. 103-793, eff. 8-9-24.)
|
35 ILCS 200/15-175
(35 ILCS 200/15-175)
Sec. 15-175. General homestead exemption. (a) Except as provided in Sections 15-176 and 15-177, homestead
property is
entitled to an annual homestead exemption limited, except as described here
with relation to cooperatives or life care facilities, to a reduction in the equalized assessed value
of homestead property equal to the increase in equalized assessed value for the
current assessment year above the equalized assessed value of the property for
1977, up to the maximum reduction set forth below. If however, the 1977
equalized assessed value upon which taxes were paid is subsequently determined
by local assessing officials, the Property Tax Appeal Board, or a court to have
been excessive, the equalized assessed value which should have been placed on
the property for 1977 shall be used to determine the amount of the exemption.
(b) Except as provided in Section 15-176, the maximum reduction before taxable year 2004 shall be
$4,500 in counties with 3,000,000 or more
inhabitants
and $3,500 in all other counties. Except as provided in Sections 15-176 and 15-177, for taxable years 2004 through 2007, the maximum reduction shall be $5,000, for taxable year 2008, the maximum reduction is $5,500, and, for taxable years 2009 through 2011, the maximum reduction is $6,000 in all counties. For taxable years 2012 through 2016, the maximum reduction is $7,000 in counties with 3,000,000 or more
inhabitants
and $6,000 in all other counties. For taxable years 2017 through 2022, the maximum reduction is $10,000 in counties with 3,000,000 or more inhabitants and $6,000 in all other counties. For taxable years 2023 and thereafter, the maximum reduction is $10,000 in counties with 3,000,000 or more inhabitants, $8,000 in counties that are contiguous to a county of 3,000,000 or more inhabitants, and $6,000 in all other counties. If a county has elected to subject itself to the provisions of Section 15-176 as provided in subsection (k) of that Section, then, for the first taxable year only after the provisions of Section 15-176 no longer apply, for owners who, for the taxable year, have not been granted a senior citizens assessment freeze homestead exemption under Section 15-172 or a long-time occupant homestead exemption under Section 15-177, there shall be an additional exemption of $5,000 for owners with a household income of $30,000 or less.
(c) In counties with fewer than 3,000,000 inhabitants, if, based on the most
recent assessment, the equalized assessed value of
the homestead property for the current assessment year is greater than the
equalized assessed value of the property for 1977, the owner of the property
shall automatically receive the exemption granted under this Section in an
amount equal to the increase over the 1977 assessment up to the maximum
reduction set forth in this Section.
(d) If in any assessment year beginning with the 2000 assessment year,
homestead property has a pro-rata valuation under
Section 9-180 resulting in an increase in the assessed valuation, a reduction
in equalized assessed valuation equal to the increase in equalized assessed
value of the property for the year of the pro-rata valuation above the
equalized assessed value of the property for 1977 shall be applied to the
property on a proportionate basis for the period the property qualified as
homestead property during the assessment year. The maximum proportionate
homestead exemption shall not exceed the maximum homestead exemption allowed in
the county under this Section divided by 365 and multiplied by the number of
days the property qualified as homestead property.
(d-1) In counties with 3,000,000 or more inhabitants, where the chief county assessment officer provides a notice of discovery, if a property is not
occupied by its owner as a principal residence as of January 1 of the current tax year, then the property owner shall notify the chief county assessment officer of that fact on a form prescribed by the chief county assessment officer. That notice must be received by the chief county assessment officer on or before March 1 of the collection year. If mailed, the form shall be sent by certified mail, return receipt requested. If the form is provided in person, the chief county assessment officer shall provide a date stamped copy of the notice. Failure to provide timely notice pursuant to this subsection (d-1) shall result in the exemption being treated as an erroneous exemption. Upon timely receipt of the notice for the current tax year, no exemption shall be applied to the property for the current tax year. If the exemption is not removed upon timely receipt of the notice by the chief assessment officer, then the error is considered granted as a result of a clerical error or omission on the part of the chief county assessment officer as described in subsection (h) of Section 9-275, and the property owner shall not be liable for the payment of interest and penalties due to the erroneous exemption for the current tax year for which the notice was filed after the date that notice was timely received pursuant to this subsection. Notice provided under this subsection shall not constitute a defense or amnesty for prior year erroneous exemptions. For the purposes of this subsection (d-1): "Collection year" means the year in which the first and second installment of the current tax year is billed. "Current tax year" means the year prior to the collection year. (e) The chief county assessment officer may, when considering whether to grant a leasehold exemption under this Section, require the following conditions to be met: (1) that a notarized application for the exemption, | | signed by both the owner and the lessee of the property, must be submitted each year during the application period in effect for the county in which the property is located;
|
| (2) that a copy of the lease must be filed with the
| | chief county assessment officer by the owner of the property at the time the notarized application is submitted;
|
| (3) that the lease must expressly state that the
| | lessee is liable for the payment of property taxes; and
|
| (4) that the lease must include the following
| | language in substantially the following form:
|
| "Lessee shall be liable for the payment of real
| | estate taxes with respect to the residence in accordance with the terms and conditions of Section 15-175 of the Property Tax Code (35 ILCS 200/15-175). The permanent real estate index number for the premises is (insert number), and, according to the most recent property tax bill, the current amount of real estate taxes associated with the premises is (insert amount) per year. The parties agree that the monthly rent set forth above shall be increased or decreased pro rata (effective January 1 of each calendar year) to reflect any increase or decrease in real estate taxes. Lessee shall be deemed to be satisfying Lessee's liability for the above mentioned real estate taxes with the monthly rent payments as set forth above (or increased or decreased as set forth herein).".
|
| In addition, if there is a change in lessee, or if the lessee vacates the property, then the chief county assessment officer may require the owner of the property to notify the chief county assessment officer of that change.
This subsection (e) does not apply to leasehold interests in property owned by a municipality.
(f) "Homestead property" under this Section includes residential property that is
occupied by its owner or owners as his or their principal dwelling place, or
that is a leasehold interest on which a single family residence is situated,
which is occupied as a residence by a person who has an ownership interest
therein, legal or equitable or as a lessee, and on which the person is
liable for the payment of property taxes. For land improved with
an apartment building owned and operated as a cooperative, the maximum reduction from the equalized
assessed value shall be limited to the increase in the value above the
equalized assessed value of the property for 1977, up to
the maximum reduction set forth above, multiplied by the number of apartments
or units occupied by a person or persons who is liable, by contract with the
owner or owners of record, for paying property taxes on the property and is an
owner of record of a legal or equitable interest in the cooperative
apartment building, other than a leasehold interest. For land improved with a life care facility, the maximum reduction from the value of the property, as equalized by the Department, shall be multiplied by the number of apartments or units occupied by a person or persons, irrespective of any legal, equitable, or leasehold interest in the facility, who are liable, under a life care contract with the owner or owners of record of the facility, for paying property taxes on the property. For purposes of this
Section, the term "life care facility" has the meaning stated in Section
15-170.
"Household", as used in this Section,
means the owner, the spouse of the owner, and all persons using
the
residence of the owner as their principal place of residence.
"Household income", as used in this Section,
means the combined income of the members of a household
for the calendar year preceding the taxable year.
"Income", as used in this Section,
has the same meaning as provided in Section 3.07 of the Senior
Citizens
and Persons with Disabilities Property Tax Relief Act,
except that
"income" does not include veteran's benefits.
(g) In a cooperative or life care facility where a homestead exemption has been granted, the
cooperative association or the management of the cooperative or life care facility shall credit the savings
resulting from that exemption only to the apportioned tax liability of the
owner or resident who qualified for the exemption. Any person who willfully refuses to so
credit the savings shall be guilty of a Class B misdemeanor.
(h) Where married persons maintain and reside in separate residences qualifying
as homestead property, each residence shall receive 50% of the total reduction
in equalized assessed valuation provided by this Section.
(i) In all counties, the assessor
or chief county assessment officer may determine the
eligibility of residential property to receive the homestead exemption and the amount of the exemption by
application, visual inspection, questionnaire or other reasonable methods. The
determination shall be made in accordance with guidelines established by the
Department, provided that the taxpayer applying for an additional general exemption under this Section shall submit to the chief county assessment officer an application with an affidavit of the applicant's total household income, age, marital status (and, if married, the name and address of the applicant's spouse, if known), and principal dwelling place of members of the household on January 1 of the taxable year. The Department shall issue guidelines establishing a method for verifying the accuracy of the affidavits filed by applicants under this paragraph. The applications shall be clearly marked as applications for the Additional General Homestead Exemption.
(i-5) This subsection (i-5) applies to counties with 3,000,000 or more inhabitants. In the event of a sale of
homestead property, the homestead exemption shall remain in effect for the remainder of the assessment year of the sale. Upon receipt of a transfer declaration transmitted by the recorder pursuant to Section 31-30 of the Real Estate Transfer Tax Law for property receiving an exemption under this Section, the assessor shall mail a notice and forms to the new owner of the property providing information pertaining to the rules and applicable filing periods for applying or reapplying for homestead exemptions under this Code for which the property may be eligible. If the new owner fails to apply or reapply for a homestead exemption during the applicable filing period or the property no longer qualifies for an existing homestead exemption, the assessor shall cancel such exemption for any ensuing assessment year.
(j) In counties with fewer than 3,000,000 inhabitants, in the event of a sale
of
homestead property the homestead exemption shall remain in effect for the
remainder of the assessment year of the sale. The assessor or chief county
assessment officer may require the new
owner of the property to apply for the homestead exemption for the following
assessment year.
(k) Notwithstanding Sections 6 and 8 of the State Mandates Act, no reimbursement by the State is required for the implementation of any mandate created by this Section.
(l) The changes made to this Section by this amendatory Act of the 100th General Assembly are effective for the 2018 tax year and thereafter.
(Source: P.A. 102-895, eff. 5-23-22.)
|
35 ILCS 200/15-176 (35 ILCS 200/15-176) Sec. 15-176. Alternative general homestead exemption. (a) For the assessment years as determined under subsection (j), in any county that has elected, by an ordinance in accordance with subsection (k), to be subject to the provisions of this Section in lieu of the provisions of Section 15-175, homestead property is
entitled to
an annual homestead exemption equal to a reduction in the property's equalized
assessed
value calculated as provided in this Section. (b) As used in this Section: (1) "Assessor" means the supervisor of assessments or | | the chief county assessment officer of each county.
|
| (2) "Adjusted homestead value" means the lesser of
| | (A) The property's base homestead value increased
| | by 7% for each tax year after the base year through and including the current tax year, or, if the property is sold or ownership is otherwise transferred, the property's base homestead value increased by 7% for each tax year after the year of the sale or transfer through and including the current tax year. The increase by 7% each year is an increase by 7% over the prior year.
|
| (B) The property's equalized assessed value for
| | the current tax year minus: (i) $4,500 in Cook County or $3,500 in all other counties in tax year 2003; (ii) $5,000 in all counties in tax years 2004 and 2005; and (iii) the lesser of the amount of the general homestead exemption under Section 15-175 or an amount equal to the increase in the equalized assessed value for the current tax year above the equalized assessed value for 1977 in tax year 2006 and thereafter.
|
| (3) "Base homestead value".
(A) Except as provided in subdivision (b)(3)(A-5)
| | or (b)(3)(B), "base homestead value" means the equalized assessed value of the property for the base year prior to exemptions, minus (i) $4,500 in Cook County or $3,500 in all other counties in tax year 2003, (ii) $5,000 in all counties in tax years 2004 and 2005, or (iii) the lesser of the amount of the general homestead exemption under Section 15-175 or an amount equal to the increase in the equalized assessed value for the current tax year above the equalized assessed value for 1977 in tax year 2006 and thereafter, provided that it was assessed for that year as residential property qualified for any of the homestead exemptions under Sections 15-170 through 15-175 of this Code, then in force, and further provided that the property's assessment was not based on a reduced assessed value resulting from a temporary irregularity in the property for that year. Except as provided in subdivision (b)(3)(B), if the property did not have a residential equalized assessed value for the base year, then "base homestead value" means the base homestead value established by the assessor under subsection (c).
|
| (A-5) On or before September 1, 2007, in Cook
| | County, the base homestead value, as set forth under subdivision (b)(3)(A) and except as provided under subdivision (b) (3) (B), must be recalculated as the equalized assessed value of the property for the base year, prior to exemptions, minus:
|
| (1) if the general assessment year for the
| | property was 2003, the lesser of (i) $4,500 or (ii) the amount equal to the increase in equalized assessed value for the 2002 tax year above the equalized assessed value for 1977;
|
| (2) if the general assessment year for the
| | property was 2004, the lesser of (i) $4,500 or (ii) the amount equal to the increase in equalized assessed value for the 2003 tax year above the equalized assessed value for 1977;
|
| (3) if the general assessment year for the
| | property was 2005, the lesser of (i) $5,000 or (ii) the amount equal to the increase in equalized assessed value for the 2004 tax year above the equalized assessed value for 1977.
|
| (B) If the property is sold or ownership is
| | otherwise transferred, other than sales or transfers between spouses or between a parent and a child, "base homestead value" means the equalized assessed value of the property at the time of the sale or transfer prior to exemptions, minus: (i) $4,500 in Cook County or $3,500 in all other counties in tax year 2003; (ii) $5,000 in all counties in tax years 2004 and 2005; and (iii) the lesser of the amount of the general homestead exemption under Section 15-175 or an amount equal to the increase in the equalized assessed value for the current tax year above the equalized assessed value for 1977 in tax year 2006 and thereafter, provided that it was assessed as residential property qualified for any of the homestead exemptions under Sections 15-170 through 15-175 of this Code, then in force, and further provided that the property's assessment was not based on a reduced assessed value resulting from a temporary irregularity in the property.
|
| (3.5) "Base year" means (i) tax year 2002 in Cook
| | County or (ii) tax year 2008 or 2009 in all other counties in accordance with the designation made by the county as provided in subsection (k).
|
| (4) "Current tax year" means the tax year for which
| | the exemption under this Section is being applied.
|
| (5) "Equalized assessed value" means the property's
| | assessed value as equalized by the Department.
|
| (6) "Homestead" or "homestead property" means:
(A) Residential property that as of January 1 of
| | the tax year is occupied by its owner or owners as his, her, or their principal dwelling place, or that is a leasehold interest on which a single family residence is situated, that is occupied as a residence by a person who has a legal or equitable interest therein evidenced by a written instrument, as an owner or as a lessee, and on which the person is liable for the payment of property taxes. Residential units in an apartment building owned and operated as a cooperative, or as a life care facility, which are occupied by persons who hold a legal or equitable interest in the cooperative apartment building or life care facility as owners or lessees, and who are liable by contract for the payment of property taxes, shall be included within this definition of homestead property.
|
| (B) A homestead includes the dwelling place,
| | appurtenant structures, and so much of the surrounding land constituting the parcel on which the dwelling place is situated as is used for residential purposes. If the assessor has established a specific legal description for a portion of property constituting the homestead, then the homestead shall be limited to the property within that description.
|
| (7) "Life care facility" means a facility as defined
| | in Section 2 of the Life Care Facilities Act.
|
| (c) If the property did not have a residential equalized assessed value for
the base year as provided in subdivision (b)(3)(A) of this Section, then the assessor
shall first determine an initial value for the property by comparison with
assessed values for the base year of other properties having physical and
economic characteristics similar to those of the subject property, so that the
initial value is uniform in relation to assessed values of those other
properties for the base year. The product of the initial value multiplied by
the equalized factor for the base year for homestead properties in that county, less: (i) $4,500 in Cook County or $3,500 in all other counties in tax year 2003; (ii) $5,000 in all counties in tax years 2004 and 2005; and (iii) the lesser of the amount of the general homestead exemption under Section 15-175 or an amount equal to the increase in the equalized assessed value for the current tax year above the equalized assessed value for 1977 in tax year 2006 and thereafter, is the base homestead value.
For any tax year for which the assessor determines or adjusts an initial
value and
hence a base homestead value under this subsection (c), the initial value shall
be subject
to review by the same procedures applicable to assessed values established
under this
Code for that tax year.
(d) The base homestead value shall remain constant, except that the assessor
may
revise it under the following circumstances:
(1) If the equalized assessed value of a homestead
| | property for the current tax year is less than the previous base homestead value for that property, then the current equalized assessed value (provided it is not based on a reduced assessed value resulting from a temporary irregularity in the property) shall become the base homestead value in subsequent tax years.
|
| (2) For any year in which new buildings, structures,
| | or other improvements are constructed on the homestead property that would increase its assessed value, the assessor shall adjust the base homestead value as provided in subsection (c) of this Section with due regard to the value added by the new improvements.
|
| (3) If the property is sold or ownership is otherwise
| | transferred, the base homestead value of the property shall be adjusted as provided in subdivision (b)(3)(B). This item (3) does not apply to sales or transfers between spouses or between a parent and a child.
|
| (4) the recalculation required in Cook County under
| | (e) The amount of the exemption under this Section is the equalized assessed
value of the homestead property for the current tax year, minus the adjusted homestead
value, with the following exceptions:
(1) In Cook County, the exemption under this Section
| | shall not exceed $20,000 for any taxable year through tax year:
|
| (i) 2005, if the general assessment year for the
| | (ii) 2006, if the general assessment year for the
| | (iii) 2007, if the general assessment year for
| | (1.1) Thereafter, in Cook County, and in all other
| | counties, the exemption is as follows:
|
| (i) if the general assessment year for the
| | property is 2006, then the exemption may not exceed: $33,000 for taxable year 2006; $26,000 for taxable year 2007; $20,000 for taxable years 2008 and 2009; $16,000 for taxable year 2010; and $12,000 for taxable year 2011;
|
| (ii) if the general assessment year for the
| | property is 2007, then the exemption may not exceed: $33,000 for taxable year 2007; $26,000 for taxable year 2008; $20,000 for taxable years 2009 and 2010; $16,000 for taxable year 2011; and $12,000 for taxable year 2012; and
|
| (iii) if the general assessment year for the
| | property is 2008, then the exemption may not exceed: $33,000 for taxable year 2008; $26,000 for taxable year 2009; $20,000 for taxable years 2010 and 2011; $16,000 for taxable year 2012; and $12,000 for taxable year 2013.
|
| (1.5) In Cook County, for the 2006 taxable year only, the maximum amount of the exemption set forth under subsection (e)(1.1)(i) of this Section may be increased: (i) by $7,000 if the equalized assessed value of the property in that taxable year exceeds the equalized assessed value of that property in 2002 by 100% or more; or (ii) by $2,000 if the equalized assessed value of the property in that taxable year exceeds the equalized assessed value of that property in 2002 by more than 80% but less than 100%.
(2) In the case of homestead property that also
| | qualifies for the exemption under Section 15-172, the property is entitled to the exemption under this Section, limited to the amount of (i) $4,500 in Cook County or $3,500 in all other counties in tax year 2003, (ii) $5,000 in all counties in tax years 2004 and 2005, or (iii) the lesser of the amount of the general homestead exemption under Section 15-175 or an amount equal to the increase in the equalized assessed value for the current tax year above the equalized assessed value for 1977 in tax year 2006 and thereafter.
|
| (f) In the case of an apartment building owned and operated as a cooperative, or
as a life care facility, that contains residential units that qualify as homestead property
under this Section, the maximum cumulative exemption amount attributed to the entire
building or facility shall not exceed the sum of the exemptions calculated for each
qualified residential unit. The cooperative association, management firm, or other person
or entity that manages or controls the cooperative apartment building or life care facility
shall credit the exemption attributable to each residential unit only to the apportioned tax
liability of the owner or other person responsible for payment of taxes as to that unit.
Any person who willfully refuses to so credit the exemption is guilty of a Class B
misdemeanor.
(g) When married persons maintain separate residences, the exemption provided
under this Section shall be claimed by only one such person and for only one residence.
(h) In the event of a sale or other transfer in ownership of the homestead property, the exemption under this
Section shall remain in effect for the remainder of the tax year and be calculated using the same base homestead value in which the sale or transfer occurs, but (other than for sales or transfers between spouses or between a parent and a child) shall be calculated for any subsequent tax year using the new base homestead value as provided in subdivision (b)(3)(B).
The assessor may require the new owner of the property to apply for the exemption in the
following year.
(i) The assessor may determine whether property qualifies as a homestead under
this Section by application, visual inspection, questionnaire, or other
reasonable methods.
Each year, at the time the assessment books are certified to the county clerk
by the board
of review, the assessor shall furnish to the county clerk a list of the
properties qualified
for the homestead exemption under this Section. The list shall note the base
homestead
value of each property to be used in the calculation of the exemption for the
current tax
year.
(j) In counties with 3,000,000 or more inhabitants, the provisions of this Section apply as follows:
(1) If the general assessment year for the property
| | is 2003, this Section applies for assessment years 2003 through 2011. Thereafter, the provisions of Section 15-175 apply.
|
| (2) If the general assessment year for the property
| | is 2004, this Section applies for assessment years 2004 through 2012. Thereafter, the provisions of Section 15-175 apply.
|
| (3) If the general assessment year for the property
| | is 2005, this Section applies for assessment years 2005 through 2013. Thereafter, the provisions of Section 15-175 apply.
|
| In counties with less than 3,000,000 inhabitants, this Section applies for assessment years (i) 2009, 2010, 2011, and 2012 if tax year 2008 is the designated base year or (ii) 2010, 2011, 2012, and 2013 if tax year 2009 is the designated base year. Thereafter, the provisions of Section 15-175 apply.
(k) To be subject to the provisions of this Section in lieu of Section 15-175, a county must adopt an ordinance to subject itself to the provisions of this Section within 6 months after August 2, 2010 (the effective date of Public Act 96-1418). In a county other than Cook County, the ordinance must designate either tax year 2008
or tax year 2009
as the base year.
(l) Notwithstanding Sections 6 and 8 of the State Mandates Act, no
reimbursement
by the State is required for the implementation of any mandate created by this
Section.
(Source: P.A. 100-201, eff. 8-18-17.)
|
35 ILCS 200/15-177 (35 ILCS 200/15-177) Sec. 15-177. The long-time occupant homestead exemption. (a) If the county has elected, under Section 15-176, to be subject to the provisions of the alternative general homestead exemption, then, for taxable years 2007 and thereafter, regardless of whether the exemption under Section 15-176 applies, qualified homestead property is
entitled to
an annual homestead exemption equal to a reduction in the property's equalized
assessed
value calculated as provided in this Section. (b) As used in this Section: "Adjusted homestead value" means the lesser of
the following values: (1) The property's base homestead value increased | | by: (i) 10% for each taxable year after the base year through and including the current tax year for qualified taxpayers with a household income of more than $75,000 but not exceeding $100,000; or (ii) 7% for each taxable year after the base year through and including the current tax year for qualified taxpayers with a household income of $75,000 or less. The increase each year is an increase over the prior year; or
|
| (2) The property's equalized assessed value for
| | the current tax year minus the general homestead deduction.
|
| "Base homestead value" means:
(1) if the property did not have an adjusted
| | homestead value under Section 15-176 for the base year, then an amount equal to the equalized assessed value of the property for the base year prior to exemptions, minus the general homestead deduction, provided that the property's assessment was not based on a reduced assessed value resulting from a temporary irregularity in the property for that year; or
|
| (2) if the property had an adjusted homestead value
| | under Section 15-176 for the base year, then an amount equal to the adjusted homestead value of the property under Section 15-176 for the base year.
|
| "Base year" means the taxable year prior to the taxable year in which the taxpayer first qualifies for the exemption under this Section.
"Current taxable year" means the taxable year for which
the exemption under this Section is being applied.
"Equalized assessed value" means the property's
assessed value as equalized by the Department.
"Homestead" or "homestead property" means residential property that as of January 1 of
the tax year is occupied by a qualified taxpayer as his or her principal dwelling place, or that is a leasehold interest on which a single family residence is situated, that is occupied as a residence by a qualified taxpayer who has a legal or equitable interest therein evidenced by a written instrument, as an owner or as a lessee, and on which the person is liable for the payment of property taxes. Residential units in an apartment building owned and operated as a cooperative, or as a life care facility, which are occupied by persons who hold a legal or equitable interest in the cooperative apartment building or life care facility as owners or lessees, and who are liable by contract for the payment of property taxes, are included within this definition of homestead property. A homestead includes the dwelling place,
appurtenant structures, and so much of the surrounding land constituting the parcel on which the dwelling place is situated as is used for residential purposes. If the assessor has established a specific legal description for a portion of property constituting the homestead, then the homestead is limited to the property within that description.
"Household income" has the meaning set forth under Section 15-172 of this Code.
"General homestead deduction" means the amount of the general homestead exemption under Section 15-175.
"Life care facility" means a facility defined
in Section 2 of the Life Care Facilities Act.
"Qualified homestead property" means homestead property owned by a qualified taxpayer.
"Qualified taxpayer" means any individual:
(1) who, for at least 10 continuous years as of
| | January 1 of the taxable year, has occupied the same homestead property as a principal residence and domicile or who, for at least 5 continuous years as of January 1 of the taxable year, has occupied the same homestead property as a principal residence and domicile if that person received assistance in the acquisition of the property as part of a government or nonprofit housing program; and
|
| (2) who has a household income of $100,000 or less.
(c) The base homestead value must remain constant, except that the assessor may revise it under any of the following circumstances:
(1) If the equalized assessed value of a homestead
| | property for the current tax year is less than the previous base homestead value for that property, then the current equalized assessed value (provided it is not based on a reduced assessed value resulting from a temporary irregularity in the property) becomes the base homestead value in subsequent tax years.
|
| (2) For any year in which new buildings, structures,
| | or other improvements are constructed on the homestead property that would increase its assessed value, the assessor shall adjust the base homestead value with due regard to the value added by the new improvements.
|
| (d) The amount of the exemption under this Section is the greater of: (i) the equalized assessed value of the homestead property for the current tax year minus the adjusted homestead value; or (ii) the general homestead deduction.
(e) In the case of an apartment building owned and operated as a cooperative, or as a life care facility, that contains residential units that qualify as homestead property of a qualified taxpayer under this Section, the maximum cumulative exemption amount attributed to the entire building or facility shall not exceed the sum of the exemptions calculated for each unit that is a qualified homestead property. The cooperative association, management firm, or other person or entity that manages or controls the cooperative apartment building or life care facility shall credit the exemption attributable to each residential unit only to the apportioned tax liability of the qualified taxpayer as to that unit. Any person who willfully refuses to so credit the exemption is guilty of a Class B misdemeanor.
(f) When married persons maintain separate residences, the exemption provided under this Section may be claimed by only one such person and for only one residence. No person who receives an exemption under Section 15-172 of this Code may receive an exemption under this Section. No person who receives an exemption under this Section may receive an exemption under Section 15-175 or 15-176 of this Code.
(g) In the event of a sale or other transfer in ownership of the homestead property between spouses or between a parent and a child, the exemption under this Section remains in effect if the new owner has a household income of $100,000 or less.
(h) In the event of a sale or other transfer in ownership of the homestead property other than subsection (g) of this Section, the exemption under this Section shall remain in effect for the remainder of the tax year and be calculated using the same base homestead value in which the sale or transfer occurs.
(i) To receive the exemption, a person must submit an application to the county assessor during the period specified by the county assessor.
The county assessor shall annually give notice of the application period by mail or by publication.
The taxpayer must submit, with the application, an affidavit of the taxpayer's total household income, marital status (and if married the name and address of the applicant's spouse, if known), and principal dwelling place of members of the household on January 1 of the taxable year. The Department shall establish, by rule, a method for verifying the accuracy of affidavits filed by applicants under this Section, and the Chief County Assessment Officer may conduct audits of any taxpayer claiming an exemption under this Section to verify that the taxpayer is eligible to receive the exemption. Each application shall contain or be verified by a written declaration that it is made under the penalties of perjury. A taxpayer's signing a fraudulent application under this Act is perjury, as defined in Section 32-2 of the Criminal Code of 2012. The applications shall be clearly marked as applications for the Long-time Occupant Homestead Exemption and must contain a notice that any taxpayer who receives the exemption is subject to an audit by the Chief County Assessment Officer.
(j) Notwithstanding Sections 6 and 8 of the State Mandates Act, no reimbursement by the State is required for the implementation of any mandate created by this Section.
(Source: P.A. 97-1150, eff. 1-25-13.)
|
35 ILCS 200/15-178 (35 ILCS 200/15-178) Sec. 15-178. Reduction in assessed value for affordable rental housing construction or rehabilitation. (a) The General Assembly finds that there is a shortage of high quality affordable rental homes for low-income and very-low-income households throughout Illinois; that owners and developers of rental housing face significant challenges building newly constructed apartments or undertaking rehabilitation of existing properties that results in rents that are affordable for low-income and very-low-income households; and that it will help Cook County and other parts of Illinois address the extreme shortage of affordable rental housing by developing a statewide policy to determine the assessed value for newly constructed and rehabilitated affordable rental housing that both encourages investment and incentivizes property owners to keep rents affordable. (b) Each chief county assessment officer shall implement special assessment programs to reduce the assessed value of all eligible newly constructed residential real property or qualifying rehabilitation to all eligible existing residential real property in accordance with subsection (c) for 10 taxable years after the newly constructed residential real property or improvements to existing residential real property are put in service. Any county with less than 3,000,000 inhabitants may decide not to implement one or both of the special assessment programs defined in subparagraph (1) of subsection (c) of this Section and subparagraph (2) of subsection (c) of this Section upon passage of an ordinance by a majority vote of the county board. Subsequent to a vote to opt out of this special assessment program, any county with less than 3,000,000 inhabitants may decide to implement one or both of the special assessment programs defined in subparagraph (1) of subsection (c) of this Section and subparagraph (2) of subsection (c) of this Section upon passage of an ordinance by a majority vote of the county board. Property is eligible for the special assessment program if and only if all of the following factors have been met: (1) at the conclusion of the new construction or | | qualifying rehabilitation, the property consists of a newly constructed multifamily building containing 7 or more rental dwelling units or an existing multifamily building that has undergone qualifying rehabilitation resulting in 7 or more rental dwelling units; and
|
| (2) the property meets the application requirements
| | defined in subsection (f).
|
| (c) For those counties that are required to implement the special assessment program and do not opt out of such special assessment program, the chief county assessment officer for that county shall require that residential real property is eligible for the special assessment program if and only if one of the additional factors have been met:
(1) except as defined in subparagraphs (E), (F), and
| | (G) of paragraph (1) of subsection (f) of this Section, prior to the newly constructed residential real property or improvements to existing residential real property being put in service, the owner of the residential real property commits that, for a period of 10 years, at least 15% of the multifamily building's units will have rents as defined in this Section that are at or below maximum rents and are occupied by households with household incomes at or below maximum income limits; or
|
| (2) except as defined in subparagraphs (E), (F), and
| | (G) of paragraph (1) of subsection (f) of this Section, prior to the newly constructed residential real property or improvements to existing residential real property located in a low affordability community being put in service, the owner of the residential real property commits that, for a period of 30 years after the newly constructed residential real property or improvements to existing residential real property are put in service, at least 20% of the multifamily building's units will have rents as defined in this Section that are at or below maximum rents and are occupied by households with household incomes at or below maximum income limits.
|
| If a reduction in assessed value is granted under one special assessment program provided for in this Section, then that same residential real property is not eligible for an additional special assessment program under this Section at the same time.
(d) The amount of the reduction in assessed value for residential real property meeting the conditions set forth in subparagraph (1) of subsection (c) shall be calculated as follows:
(1) if the owner of the residential real property
| | commits for a period of at least 10 years that at least 15% but fewer than 35% of the multifamily building's units have rents at or below maximum rents and are occupied by households with household incomes at or below maximum income limits, the assessed value of the property used to calculate the tax bill shall be reduced by an amount equal to 25% of the assessed value of the property as determined by the assessor for the property in the current taxable year for the newly constructed residential real property or based on the improvements to an existing residential real property; and
|
| (2) if the owner of the residential real property
| | commits for a period of at least 10 years that at least 35% of the multifamily building's units have rents at or below maximum rents and are occupied by households with household incomes at or below maximum income limits, the assessed value of the property used to calculate the tax bill shall be reduced by an amount equal to 35% of the assessed value of the property as determined by the assessor for the property in the current assessment year for the newly constructed residential real property or based on the improvements to an existing residential real property.
|
| (e) The amount of the reduction for residential real property meeting the conditions set forth in subparagraph (2) of subsection (c) shall be calculated as follows:
(1) for the first, second, and third taxable year
| | after the residential real property is placed in service, the residential real property is entitled to a reduction in its assessed value in an amount equal to the difference between the assessed value in the year for which the incentive is sought and the assessed value for the residential real property in the base year;
|
| (2) for the fourth, fifth, and sixth taxable year
| | after the residential real property is placed in service, the property is entitled to a reduction in its assessed value in an amount equal to 80% of the difference between the assessed value in the year for which the incentive is sought and the assessed value for the residential real property in the base year;
|
| (3) for the seventh, eighth, and ninth taxable year
| | after the property is placed in service, the residential real property is entitled to a reduction in its assessed value in an amount equal to 60% of the difference between the assessed value in the year for which the incentive is sought and the assessed value for the residential real property in the base year;
|
| (4) for the tenth, eleventh, and twelfth taxable year
| | after the residential real property is placed in service, the residential real property is entitled to a reduction in its assessed value in an amount equal to 40% of the difference between the assessed value in the year for which the incentive is sought and the assessed value for the residential real property in the base year; and
|
| (5) for the thirteenth through the thirtieth taxable
| | year after the residential real property is placed in service, the residential real property is entitled to a reduction in its assessed value in an amount equal to 20% of the difference between the assessed value in the year for which the incentive is sought and the assessed value for the residential real property in the base year.
|
| (f) Application requirements.
(1) In order to receive the reduced valuation under
| | this Section, the owner must submit an application containing the following information to the chief county assessment officer for review in the form and by the date required by the chief county assessment officer:
|
| (A) the owner's name;
(B) the postal address and permanent index
| | number or numbers of the parcel or parcels for which the owner is applying to receive reduced valuation under this Section;
|
| (C) a deed or other instrument conveying the
| | parcel or parcels to the current owner;
|
| (D) written evidence that the new construction
| | or qualifying rehabilitation has been completed with respect to the residential real property, including, but not limited to, copies of building permits, a notarized contractor's affidavit, and photographs of the interior and exterior of the building after new construction or rehabilitation is completed;
|
| (E) written evidence that the residential real
| | property meets local building codes, or if there are no local building codes, Housing Quality Standards, as determined by the United States Department of Housing and Urban Development;
|
| (F) a list identifying the affordable units in
| | residential real property and a written statement that the affordable units are comparable to the market rate units in terms of unit type, number of bedrooms per unit, quality of exterior appearance, energy efficiency, and overall quality of construction;
|
| (G) a written schedule certifying the rents in
| | each affordable unit and a written statement that these rents do not exceed the maximum rents allowable for the area in which the residential real property is located;
|
| (H) documentation from the administering agency
| | verifying the owner's participation in a qualifying income-based rental subsidy program as defined in subsection (e) of this Section if units receiving rental subsidies are to be counted among the affordable units in order to meet the thresholds defined in this Section;
|
| (I) a written statement identifying the
| | household income for every household occupying an affordable unit and certifying that the household income does not exceed the maximum income limits allowable for the area in which the residential real property is located;
|
| (J) a written statement that the owner has
| | verified and retained documentation of household income for every household occupying an affordable unit; and
|
| (K) any additional information consistent with
| | this Section as reasonably required by the chief county assessment officer, including, but not limited to, any information necessary to ensure compliance with applicable local ordinances and to ensure the owner is complying with the provisions of this Section.
|
| (1.1) In order for a development to receive the
| | reduced valuation under subsection (e), the owner must provide evidence to the county assessor's office of a fully executed project labor agreement entered into with the applicable local building trades council, prior to commencement of any and all construction, building, renovation, demolition, or any material change to the structure or land.
|
| (2) The application requirements contained in
| | paragraph (1) of subsection (f) are continuing requirements for the duration of the reduction in assessed value received and may be annually or periodically verified by the chief county assessment officer for the county whereby the benefit is being issued.
|
| (3) In lieu of submitting an application containing
| | the information prescribed in paragraph (1) of subsection (f), the chief county assessment officer may allow for submission of a substantially similar certification granted by the Illinois Housing Development Authority or a comparable local authority provided that the chief county assessment officer independently verifies the veracity of the certification with the Illinois Housing Development Authority or comparable local authority.
|
| (4) The chief county assessment officer shall notify
| | the owner as to whether or not the property meets the requirements of this Section. If the property does not meet the requirements of this Section, the chief county assessment officer shall provide written notice of any deficiencies to the owner, who shall then have 30 days from the date of notification to provide supplemental information showing compliance with this Section. The chief county assessment officer shall, in its discretion, grant additional time to cure any deficiency. If the owner does not exercise this right to cure the deficiency, or if the information submitted, in the sole judgment of the chief county assessment officer, is insufficient to meet the requirements of this Section, the chief county assessment officer shall provide a written explanation of the reasons for denial.
|
| (5) The chief county assessment officer may charge a
| | reasonable application fee to offset the administrative expenses associated with the program.
|
| (6) The reduced valuation conferred by this Section
| | (A) The owner is eligible to apply for the
| | reduced valuation conferred by this Section beginning in the first assessment year after the effective date of this amendatory Act of the 102nd General Assembly through December 31, 2027. If approved, the reduction will be effective for the current assessment year, which will be reflected in the tax bill issued in the following calendar year. Owners that are approved for the reduced valuation under paragraph (1) of subsection (c) of this Section before December 31, 2027 shall, at minimum, be eligible for annual renewal of the reduced valuation during an initial 10-year period if annual certification requirements are met for each of the 10 years, as described in subparagraph (B) of paragraph (4) of subsection (d) of this Section.
|
| (B) Property receiving a reduction outlined in
| | paragraph (1) of subsection (c) of this Section shall continue to be eligible for an initial period of up to 10 years if annual certification requirements are met for each of the 10 years, but shall be extended for up to 2 additional 10-year periods with annual renewals if the owner continues to meet the requirements of this Section, including annual certifications, and excluding the requirements regarding new construction or qualifying rehabilitation defined in subparagraph (D) of paragraph (1) of this subsection.
|
| (C) The annual certification materials in the
| | year prior to final year of eligibility for the reduction in assessed value must include a dated copy of the written notice provided to tenants informing them of the date of the termination if the owner is not seeking a renewal.
|
| (D) If the property is sold or transferred, the
| | purchaser or transferee must comply with all requirements of this Section, excluding the requirements regarding new construction or qualifying rehabilitation defined in subparagraph (D) of paragraph (1) of this subsection, in order to continue receiving the reduction in assessed value. Purchasers and transferees who comply with all requirements of this Section excluding the requirements regarding new construction or qualifying rehabilitation defined in subparagraph (D) of paragraph (1) of this subsection are eligible to apply for renewal on the schedule set by the initial application.
|
| (E) The owner may apply for the reduced valuation
| | if the residential real property meets all requirements of this Section and the newly constructed residential real property or improvements to existing residential real property were put in service on or after January 1, 2015. However, the initial 10-year eligibility period or 30-year eligibility period, depending on the applicable program, shall be reduced by the number of years between the placed in service date and the date the owner first receives this reduced valuation.
|
| (F) The owner may apply for the reduced valuation
| | within 2 years after the newly constructed residential real property or improvements to existing residential real property are put in service. However, the initial 10-year eligibility period or 30-year eligibility period, depending on the applicable program, shall be reduced for the number of years between the placed in service date and the date the owner first receives this reduced valuation.
|
| (G) Owners of a multifamily building receiving a
| | reduced valuation through the Cook County Class 9 program during the year in which this amendatory Act of the 102nd General Assembly takes effect shall be deemed automatically eligible for the reduced valuation defined in paragraph (1) of subsection (c) of this Section in terms of meeting the criteria for new construction or substantial rehabilitation for a specific multifamily building regardless of when the newly constructed residential real property or improvements to existing residential real property were put in service. If a Cook County Class 9 owner had Class 9 status revoked on or after January 1, 2017 but can provide documents sufficient to prove that the revocation was in error or any deficiencies leading to the revocation have been cured, the chief county assessment officer may deem the owner to be eligible. However, owners may not receive both the reduced valuation under this Section and the reduced valuation under the Cook County Class 9 program in any single assessment year. In addition, the number of years during which an owner has participated in the Class 9 program shall count against the 3 10-year periods of eligibility for the reduced valuation as defined in subparagraph (1) of subsection (c) of this Section.
|
| (H) At the completion of the assessment reduction
| | period described in this Section: the entire parcel will be assessed as otherwise provided by law.
|
| (g) As used in this Section:
"Affordable units" means units that have rents that do not exceed the maximum rents as defined in this Section.
"Assessed value for the residential real property in the base year" means the assessed value used to calculate the tax bill, as certified by the board of review, for the tax year immediately prior to the tax year in which the building permit is issued. For property assessed as other than residential property, the "assessed value for the residential real property in the base year" means the assessed value that would have been obtained had the property been classified as residential as derived from the board of review's certified market value.
"Household income" includes the annual income for all the people who occupy a housing unit that is anticipated to be received from a source outside of the family during the 12-month period following admission or the annual recertification, including related family members and all the unrelated people who share the housing unit. Household income includes the total of the following income sources: wages, salaries and tips before any payroll deductions; net business income; interest and dividends; payments in lieu of earnings, such as unemployment and disability compensation, worker's compensation and severance pay; Social Security income, including lump sum payments; payments from insurance policies, annuities, pensions, disability benefits and other types of periodic payments, alimony, child support, and other regular monetary contributions; and public assistance, except for assistance from the Supplemental Nutrition Assistance Program (SNAP). "Household income" does not include: earnings of children under age 18; temporary income such as cash gifts; reimbursement for medical expenses; lump sums from inheritance, insurance payments, settlements for personal or property losses; student financial assistance paid directly to the student or to an educational institution; foster child care payments; receipts from government-funded training programs; assistance from the Supplemental Nutrition Assistance Program (SNAP).
"Low affordability community" means (1) a municipality or jurisdiction with less than 1,000,000 inhabitants in which 40% or less of its total year-round housing units are affordable, as determined by the Illinois Housing Development Authority during the exemption determination process under the Affordable Housing Planning and Appeal Act; (2) "D" zoning districts as now or hereafter designated in the Chicago Zoning Ordinance; or (3) a jurisdiction located in a municipality with 1,000,000 or more inhabitants that has been designated as a low affordability community by passage of a local ordinance by that municipality, specifying the census tract or property by permanent index number or numbers.
"Maximum income limits" means the maximum regular income limits for 60% of area median income for the geographic area in which the multifamily building is located for multifamily programs as determined by the United States Department of Housing and Urban Development and published annually by the Illinois Housing Development Authority. A property may be deemed to have satisfied the maximum income limits with a weighted average if municipal, state, or federal laws, ordinances, rules, or regulations requires the use of a weighted average of no more than 60% of area median income for that property.
"Maximum rent" means the maximum regular rent for 60% of the area median income for the geographic area in which the multifamily building is located for multifamily programs as determined by the United States Department of Housing and Urban Development and published annually by the Illinois Housing Development Authority. To be eligible for the reduced valuation defined in this Section, maximum rents are to be consistent with the Illinois Housing Development Authority's rules; or if the owner is leasing an affordable unit to a household with an income at or below the maximum income limit who is participating in qualifying income-based rental subsidy program, "maximum rent" means the maximum rents allowable under the guidelines of the qualifying income-based rental subsidy program. A property may be deemed to have satisfied the maximum rent with a weighted average if municipal, state, or federal laws, ordinances, rules, or regulations requires the use of a weighted average of no more than 60% of area median income for that property.
"Qualifying income-based rental subsidy program" means a Housing Choice Voucher issued by a housing authority under Section 8 of the United States Housing Act of 1937, a tenant voucher converted to a project-based voucher by a housing authority or any other program administered or funded by a housing authority, the Illinois Housing Development Authority, another State agency, a federal agency, or a unit of local government where participation is limited to households with incomes at or below the maximum income limits as defined in this Section and the tenants' portion of the rent payment is based on a percentage of their income or a flat amount that does not exceed the maximum rent as defined in this Section.
"Qualifying rehabilitation" means, at a minimum, compliance with local building codes and the replacement or renovation of at least 2 primary building systems to be approved for the reduced valuation under paragraph (1) of subsection (d) of this Section and at least 5 primary building systems to be approved for the reduced valuation under subsection (e) of this Section. Although the cost of each primary building system may vary, to be approved for the reduced valuation under paragraph (1) of subsection (d) of this Section, the combined expenditure for making the building compliant with local codes and replacing primary building systems must be at least $8 per square foot for work completed between January 1 of the year in which this amendatory Act of the 102nd General Assembly takes effect and December 31 of the year in which this amendatory Act of the 102nd General Assembly takes effect and, in subsequent years, $8 adjusted by the Consumer Price Index for All Urban Consumers, as published annually by the U.S. Department of Labor. To be approved for the reduced valuation under paragraph (2) of subsection (d) of this Section, the combined expenditure for making the building compliant with local codes and replacing primary building systems must be at least $12.50 per square foot for work completed between January 1 of the year in which this amendatory Act of the 102nd General Assembly takes effect and December 31 of the year in which this amendatory Act of the 102nd General Assembly takes effect, and in subsequent years, $12.50 adjusted by the Consumer Price Index for All Urban Consumers, as published annually by the U.S. Department of Labor. To be approved for the reduced valuation under subsection (e) of this Section, the combined expenditure for making the building compliant with local codes and replacing primary building systems must be at least $60 per square foot for work completed between January 1 of the year that this amendatory Act of the 102nd General Assembly becomes effective and December 31 of the year that this amendatory Act of the 102nd General Assembly becomes effective and, in subsequent years, $60 adjusted by the Consumer Price Index for All Urban Consumers, as published annually by the U.S. Department of Labor. "Primary building systems", together with their related rehabilitations, specifically approved for this program are:
(1) Electrical. All electrical work must comply with
| | applicable codes; it may consist of a combination of any of the following alternatives:
|
| (A) installing individual equipment and appliance
| | branch circuits as required by code (the minimum being a kitchen appliance branch circuit);
|
| (B) installing a new emergency service, including
| | emergency lighting with all associated conduits and wiring;
|
| (C) rewiring all existing feeder conduits ("home
| | runs") from the main switchgear to apartment area distribution panels;
|
| (D) installing new in-wall conduits for
| | receptacles, switches, appliances, equipment, and fixtures;
|
| (E) replacing power wiring for receptacles,
| | switches, appliances, equipment, and fixtures;
|
| (F) installing new light fixtures throughout the
| | building including closets and central areas;
|
| (G) replacing, adding, or doing work as necessary
| | to bring all receptacles, switches, and other electrical devices into code compliance;
|
| (H) installing a new main service, including
| | conduit, cables into the building, and main disconnect switch; and
|
| (I) installing new distribution panels, including
| | all panel wiring, terminals, circuit breakers, and all other panel devices.
|
| (2) Heating. All heating work must comply with
| | applicable codes; it may consist of a combination of any of the following alternatives:
|
| (A) installing a new system to replace one of the
| | following heat distribution systems:
|
| (i) piping and heat radiating units,
| | including new main line venting and radiator venting; or
|
| (ii) duct work, diffusers, and cold air
| | (iii) any other type of existing heat
| | distribution and radiation/diffusion components; or
|
| (B) installing a new system to replace one of the
| | following heat generating units:
|
| (i) hot water/steam boiler;
(ii) gas furnace; or
(iii) any other type of existing heat
| | (3) Plumbing. All plumbing work must comply with
| | applicable codes. Replace all or a part of the in-wall supply and waste plumbing; however, main supply risers, waste stacks and vents, and code-conforming waste lines need not be replaced.
|
| (4) Roofing. All roofing work must comply with
| | applicable codes; it may consist of either of the following alternatives, separately or in combination:
|
| (A) replacing all rotted roof decks and
| | (B) replacing or repairing leaking roof membranes
| | (10% is the suggested minimum replacement of membrane); restoration of the entire roof is an acceptable substitute for membrane replacement.
|
| (5) Exterior doors and windows. Replace the exterior
| | doors and windows. Renovation of ornate entry doors is an acceptable substitute for replacement.
|
| (6) Floors, walls, and ceilings. Finishes must be
| | replaced or covered over with new material. Acceptable replacement or covering materials are as follows:
|
| (A) floors must have new carpeting, vinyl tile,
| | ceramic, refurbished wood finish, or a similar substitute;
|
| (B) walls must have new drywall, including joint
| | (C) new ceilings must be either drywall,
| | suspended type, or a similar material.
|
| (7) Exterior walls.
(A) replace loose or crumbling mortar and
| | masonry with new material;
|
| (B) replace or paint wall siding and trim as
| | (C) bring porches and balconies to a sound
| | (D) any combination of (A), (B), and (C).
(8) Elevators. Where applicable, at least 4 of the
| | following 7 alternatives must be accomplished:
|
| (A) replace or rebuild the machine room controls
| | and refurbish the elevator machine (or equivalent mechanisms in the case of hydraulic elevators);
|
| (B) replace hoistway electro-mechanical items
| | including: ropes, switches, limits, buffers, levelers, and deflector sheaves (or equivalent mechanisms in the case of hydraulic elevators);
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| (C) replace hoistway wiring;
(D) replace door operators and linkage;
(E) replace door panels at each opening;
(F) replace hall stations, car stations, and
| | (G) rebuild the car shell and refinish the
| | (9) Health and safety.
(A) Install or replace fire suppression systems;
(B) install or replace security systems; or
(C) environmental remediation of lead-based
| | paint, asbestos, leaking underground storage tanks, or radon.
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| (10) Energy conservation improvements undertaken to
| | limit the amount of solar energy absorbed by a building's roof or to reduce energy use for the property, including, but not limited to, any of the following activities:
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| (A) installing or replacing reflective roof
| | (B) installing or replacing R-49 roof insulation;
(C) installing or replacing R-19 perimeter wall
| | (D) installing or replacing insulated entry
| | (E) installing or replacing Low E, insulated
| | (F) installing or replacing WaterSense labeled
| | (G) installing or replacing 90% or better sealed
| | combustion heating systems;
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| (H) installing Energy Star hot water heaters;
(I) installing or replacing mechanical
| | ventilation to exterior for kitchens and baths;
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| (J) installing or replacing Energy Star
| | (K) installing or replacing Energy Star certified
| | lighting in common areas; or
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| (L) installing or replacing grading and
| | landscaping to promote on-site water retention if the retained water is used to replace water that is provided from a municipal source.
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| (11) Accessibility improvements. All accessibility
| | improvements must comply with applicable codes. An owner may make accessibility improvements to residential real property to increase access for people with disabilities. As used in this paragraph (11), "disability" has the meaning given to that term in the Illinois Human Rights Act. As used in this paragraph (11), "accessibility improvements" means a home modification listed under the Home Services Program administered by the Department of Human Services (Part 686 of Title 89 of the Illinois Administrative Code) including, but not limited to: installation of ramps, grab bars, or wheelchair lifts; widening doorways or hallways; re-configuring rooms and closets; and any other changes to enhance the independence of people with disabilities.
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| (12) Any applicant who has purchased the property in
| | an arm's length transaction not more than 90 days before applying for this reduced valuation may use the cost of rehabilitation or repairs required by documented code violations, up to a maximum of $2 per square foot, to meet the qualifying rehabilitation requirements.
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(Source: P.A. 102-175, eff. 7-29-21; 102-893, eff. 5-20-22.)
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35 ILCS 200/15-180 (35 ILCS 200/15-180)
Sec. 15-180. Homestead improvements. Homestead properties that have been
improved and residential structures on homestead property that have been
rebuilt following a catastrophic event are entitled to a homestead improvement
exemption, limited to $30,000 per year through December 31, 1997,
$45,000 beginning January 1, 1998 and through December 31, 2003, and $75,000
per year for that homestead property beginning
January 1, 2004
and thereafter, in fair cash value, when that
property
is owned and used exclusively for a residential purpose and upon demonstration
that a proposed increase in assessed value is attributable solely to a new
improvement of an existing structure or the rebuilding of a residential
structure following a catastrophic event. To be eligible for an exemption
under this Section after a catastrophic event, the residential structure must
be rebuilt within 2 years after the catastrophic event. The exemption for
rebuilt structures under this Section applies to the increase in value of the
rebuilt structure over the value of the structure before the catastrophic
event. The amount of the exemption shall be limited to the fair cash value
added by the new improvement or rebuilding and shall continue
for 4 years from
the date the improvement or rebuilding is completed and occupied, or until the
next following general assessment of that property, whichever is later.
A proclamation of disaster by the President of the United States or Governor
of the State of Illinois is not a prerequisite to the classification of an
occurrence as a catastrophic event under this Section. A "catastrophic event"
may include an occurrence of widespread or severe damage or loss of property
resulting from any catastrophic cause including but not limited to fire,
including arson (provided the fire was not caused by the willful action of an
owner or resident of the property), flood, earthquake, wind, storm, explosion,
or extended periods of severe inclement weather. In the case of a residential
structure affected by flooding, the structure shall not be eligible for this
homestead improvement exemption unless it is located within a local
jurisdiction which is participating in the National Flood Insurance Program.
In counties of less than 3,000,000 inhabitants, in addition to the notice
requirement under Section 12-30, a supervisor of assessments, county assessor,
or township or multi-township assessor responsible for adding an assessable
improvement to a residential property's assessment shall either notify a
taxpayer whose assessment has been changed since the last preceding assessment
that he or she may be eligible for the exemption provided under this Section or
shall grant the exemption automatically.
Beginning January 1, 1999, in counties of 3,000,000 or more inhabitants,
an application for a
homestead
improvement exemption for a residential structure that has been rebuilt
following a catastrophic event must be submitted to the Chief County Assessment
Officer with a valuation complaint and a copy of the building permit to rebuild
the structure. The Chief County Assessment Officer may require additional
documentation which must be provided by the applicant.
Notwithstanding Sections 6 and 8 of the State Mandates Act, no reimbursement by the State is required for the implementation of any mandate created by this Section.
(Source: P.A. 93-715, eff. 7-12-04.)
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35 ILCS 200/15-185
(35 ILCS 200/15-185)
Sec. 15-185. Exemption for leaseback property and qualified leased property.
(a) Notwithstanding anything in this Code to
the
contrary, all property owned by a municipality with a population of over
500,000
inhabitants, a unit of local government whose jurisdiction includes
territory located in
whole or in part within a municipality with a population of over 500,000
inhabitants, or a municipality with home rule powers that is contiguous to a municipality with a population of over 500,000 inhabitants,
shall remain exempt from taxation and any leasehold interest in that property
shall not be
subject to taxation under Section 9-195 if
the
property is directly or indirectly leased, sold, or otherwise transferred to
another entity
whose property is not exempt and immediately thereafter is the subject of a
leaseback or
other agreement that directly or indirectly gives the municipality or unit of
local
government (i) a right to use, control, and possess the property or (ii) a
right to require
the other entity, or the other entity's designee or assignee, to use the
property in the
performance of services for the municipality or unit of local government. Property
shall no longer be exempt under this subsection as of the date when the right of
the
municipality or unit of local government to use, control, and possess the
property or to
require the performance of services is terminated and the municipality or unit
of local
government no longer has any option to purchase or otherwise reacquire the
interest in
the property which was transferred by the municipality or unit of local
government.
(b) Notwithstanding anything in this Code to
the
contrary, all property owned by a municipality with a population of over
500,000
inhabitants, a unit of local government whose jurisdiction includes
territory located in
whole or in part within a municipality with a population of over 500,000
inhabitants, or a municipality with home rule powers that is contiguous to a municipality with a population of over 500,000 inhabitants,
shall remain exempt from taxation and any leasehold interest in that property
is not
subject to taxation under Section 9-195 if the property, including dedicated public property, is used by a municipality or other unit of local government for the purpose of parking and is leased for continued use for the same purpose to another entity whose property is not exempt. If property located in a municipality with a population of more than 500,000 inhabitants is not subject to taxation due to its use for the purpose of parking, and any portion of the property is used for a purpose other than parking, that portion of the property shall be subject to taxation under Section 9-195 for the period of time during which it is used for that non-exempt purpose; provided, however, that the use of a portion of such property for a non-exempt purpose shall have no effect on (i) the exemption of the remaining portion of the property that continues to be used for an exempt purpose, as identified in this subsection, or (ii) the future exemption of that same portion of the property if it ceases to be used for a non-exempt purpose and returned to use for an exempt purpose as identified in this subsection. No taxes shall be assessed on any portion of the property identified in this subsection prior to the effective date of this amendatory Act of the 101st General Assembly. Any transaction described under this subsection must be undertaken in accordance with all appropriate federal laws and regulations. (c) For purposes of this Section, "municipality" means a municipality as defined
in
Section 1-1-2 of the Illinois Municipal Code, and "unit of local government"
means a unit
of local government as defined in Article VII, Section 1 of the Constitution of
the State of
Illinois. The provisions of this Section supersede and control over any
conflicting
provisions of this Code.
(Source: P.A. 101-551, eff. 1-1-20 .)
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35 ILCS 200/Tit. 5
(35 ILCS 200/Tit. 5 heading)
TITLE 5.
REVIEW AND EQUALIZATION
|
35 ILCS 200/Art. 16
(35 ILCS 200/Art. 16 heading)
Article 16.
Review of Assessment Decisions
|
35 ILCS 200/Art. 16 Div. 1
(35 ILCS 200/Art. 16 Div. 1 heading)
Division 1.
General provisions
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35 ILCS 200/16-5
(35 ILCS 200/16-5)
Sec. 16-5.
Information from assessors to board of review and board of
appeals. The chief county assessment officer shall furnish to the board of
review or board of appeals all books, papers and
information in his or her
office requested by the board to assist it in the proper discharge of its
duties.
(Source: P.A. 88-455; 89-126, eff. 7-11-95; 89-671, eff. 8-14-96.)
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35 ILCS 200/16-8
(35 ILCS 200/16-8)
Sec. 16-8.
Books and records of chief county assessment officer.
(a) In
counties with 3,000,000 or more inhabitants, the chief county assessment
officer shall maintain records of the assessed value of each parcel of property
and shall enter upon the property record card of each town or city lot or
parcel of
land the elements (or basis) of valuation and computations that are taken into
consideration by the chief county assessment officer in ascertaining and
determining the fair
cash value of each town or city lot or parcel of land and of each improvement
thereon, including the elements (shown by percentages or otherwise) that were
taken into consideration as enhancing or detracting elements (such as depth,
corner, alley, railway or other elements).
The assessment officer shall maintain the records for at least 10 years.
Upon request by the board of appeals (until the first Monday in December 1998
and the board of
review beginning the first Monday in December 1998 and thereafter), the officer
shall immediately furnish all of the requested
records to the
board.
The records shall be available, on request, to the taxpayer.
The chief county assessment
officer shall certify, in writing, the amount of the assessment to the
board. If the records maintained by the chief county assessment officer at
the time the assessment is certified to the board under subsection (a)
contain none of the elements (or basis) of valuation for the parcel, then any
increase by the chief county assessment officer
shall be considered invalid by the board acting on
a complaint under Section 16-120; and no action by the board under
Section 16-120 shall result in an increase in the valuation for the parcel for
the current assessment year.
(b) In counties with 3,000,000 or more inhabitants, the notice given by
the chief county assessment officer to a taxpayer of a proposed increase in
assessment shall designate the reason for the increase. If a taxpayer files an
assessment complaint with the chief county assessment officer, the notification
to the taxpayer of a determination on the assessment complaint shall designate
the reason for the result.
(c) The provisions of this Section shall be applicable beginning with the
assessment for the 1997 tax year.
(Source: P.A. 89-718, eff. 3-7-97; 90-4, eff. 3-7-97.)
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