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| Public Act 093-0749 |
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AN ACT concerning housing.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Housing Authorities Act is amended by | ||||
changing Section 25 as
follows:
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(310 ILCS 10/25)
(from Ch. 67 1/2, par. 25)
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Sec. 25. Rentals and tenant selection. In the operation or | ||||
management
of housing projects an Authority
shall at all times | ||||
observe the following duties with respect to rentals and
tenant | ||||
selection:
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(a) It shall not accept any person as a tenant in any
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dwelling in a housing project if the persons who would occupy | ||||
the dwelling
have an aggregate annual income which equals or | ||||
exceeds the amount which
the Authority determines (which | ||||
determination shall be conclusive) to be
necessary in order to | ||||
enable such persons to secure safe, sanitary and
uncongested | ||||
dwelling accommodations within the area of operation of the
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Authority and to provide an adequate standard of living for | ||||
themselves.
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(b) It may rent or lease the dwelling accommodations | ||||
therein only at rentals
within the financial reach of persons | ||||
who lack the amount of income which
it determines (pursuant to | ||||
(a) of this Section) to be necessary in order to
obtain safe, | ||||
sanitary and uncongested dwelling accommodations within the
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area of operation of the Authority and to provide an adequate | ||||
standard of
living.
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(c) It may rent or lease to a tenant a dwelling consisting | ||||
of the
number of rooms (but no greater number) which it deems | ||||
necessary to provide
safe and sanitary accommodations to the | ||||
proposed occupants thereof, without
overcrowding.
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(d) It shall not change the residency preference of any | ||||
prospective
tenant once the application has been accepted by | ||||
the authority.
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(e) It may refuse to certify or recertify applicants, | ||
current tenants, or
other household members
renew the tenancy | ||
of
any person if, after due notice
and an impartial hearing, | ||
that person or any of the proposed occupants of
the dwelling | ||
has, prior to or during a term of tenancy or occupancy in any
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housing
project operated by an Authority, been convicted of a | ||
criminal offense
relating to the sale or distribution of | ||
controlled
substances under the
laws of this State, the United | ||
States or any other state.
If an Authority desires a criminal | ||
history records check of all 50 states
or a 50-state | ||
confirmation of a conviction record, the Authority shall submit
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the fingerprints of the relevant applicant, tenant, or other | ||
household member
to the Department of State Police in a manner | ||
prescribed by the Department of
State Police.
Confirmation of | ||
conviction data shall be determined by a
fingerprint based
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criminal history records check.
In such cases, the tenant or
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proposed occupant to whom the disqualifying conviction record | ||
belongs shall
have his or her fingerprints submitted to the | ||
Department of State Police in the
form and manner prescribed by | ||
the Department of State Police. These
fingerprints shall be | ||
checked against the fingerprint records now and hereafter
filed | ||
in the
Department of State Police and
Federal Bureau of | ||
Investigation criminal history records databases.
The | ||
Department of State Police shall charge a fee
for conducting | ||
the criminal history records check, which shall be deposited in
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the State Police Services Fund and shall not exceed the actual | ||
cost of the
records check. The Department of State Police shall | ||
furnish pursuant to
positive identification, records of | ||
conviction to the Authority.
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(f) It may, if a tenant has created or maintained a threat
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constituting a serious and clear danger to the health or safety | ||
of other
tenants or Authority employees, after 3 days' written | ||
notice
of termination and without a hearing, file suit against | ||
any such tenant for
recovery of possession of the premises. The | ||
tenant shall be given the
opportunity to contest the | ||
termination in the court proceedings. A serious
and clear | ||
danger to the health or safety of other tenants or Authority
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employees shall include, but not be limited to, any of the | ||
following
activities of the tenant or of any other person on | ||
the premises with the
consent of the tenant:
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(1) Physical assault or the threat of physical assault.
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(2) Illegal use of a firearm or other weapon or the | ||
threat to use in
an illegal manner a firearm or other | ||
weapon.
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(3) Possession of a controlled substance by the tenant | ||
or any other person
on the premises with the consent of the | ||
tenant if the tenant knew or should
have known of the | ||
possession by the other person of a controlled
substance, | ||
unless the controlled substance was obtained
directly from | ||
or pursuant to a valid prescription.
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(4) Streetgang membership as defined in the Illinois
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Streetgang Terrorism Omnibus Prevention Act.
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The management of low-rent public housing projects | ||
financed and developed
under the U.S. Housing Act of 1937 shall
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be in accordance with that Act.
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Nothing contained in this Section or any other Section of | ||
this Act shall
be construed as limiting the power of an | ||
Authority to vest in a bondholder
or trustee the right, in the | ||
event of a default by the Authority, to take
possession and | ||
operate a housing project or cause the appointment of a
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receiver thereof, free from all restrictions imposed by this | ||
Section or any
other Section of this Act.
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(Source: P.A. 93-418, eff. 1-1-04.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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