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| Public Act 097-0246 | ||||
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AN ACT concerning housing.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Housing Authorities Act is amended by | ||||
changing Sections 8.21 and 8.22 as follows:
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(310 ILCS 10/8.21) (from Ch. 67 1/2, par. 8.21)
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Sec. 8.21.
In determining the income of tenants for the | ||||
purpose of
determining rent, the Housing Authority shall comply | ||||
with all federal
housing statutes and regulations of the U.S. | ||||
Department of Housing and
Urban Development.
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Exemptions to federal, State, or local requirements may be | ||||
granted to a Housing Authority in the form of Waivers, | ||||
Exclusions, Public Notices, Executive Orders, or Moving to Work | ||||
Agreements approved by the U.S. Department of Housing and Urban | ||||
Development. | ||||
(Source: P.A. 86-789; 87-200.)
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(310 ILCS 10/8.22)
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Sec. 8.22. Determination of income.
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(a) Exclusions from income. In determining the income of a | ||||
tenant for the
purpose of determining rent, the Housing | ||||
Authority shall exclude the following
as provided in subsection | ||||
(b):
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(i) The amount of any income received by the tenant as | ||
a result of
anti-drug, anti-crime, and related security | ||
initiatives conducted by the
Housing Authority. Any | ||
activities or income excluded under this subdivision
(i) | ||
must first be certified by the Housing Authority.
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(ii) Any income earned by a tenant during the first 12 | ||
months of
employment which follow a period of unemployment | ||
of 12 or
more consecutive months if:
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(A) a period of unemployment of 12 or more | ||
consecutive months or the
income received within the 12 | ||
months prior to employment is less than 10 hours
of | ||
work per week at the established minimum wage; or
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(B) the income earned during those 12 months is | ||
received as a result of
the tenant's participation in | ||
any economic self-sufficiency or other job
training | ||
program; or
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(C) the income earned during those 12 months is | ||
earned by a tenant due
to new employment or increased | ||
earnings, during or within 6 months after
receiving | ||
assistance under a State program for temporary | ||
assistance for needy
families funded under Part A of | ||
Title IV of the Social Security Act (42 U.S.C.
601 and | ||
following), provided that the total amount of earned | ||
income received by
the tenant within the previous 6 | ||
months was at least $500.
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(b) Procedure for excluding income.
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(i) Initial 12-month exclusion. Beginning on the first | ||
date the tenant is
employed or the first date the tenant's | ||
family experiences an increase in
annual income as | ||
determined under subdivision (a)(ii) of this Section, the
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Housing Authority must exclude the increase in annual | ||
income for each month in
which the increase is received, | ||
but not for more than 12 months.
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(ii) Second 12-month exclusion and phase-out. After | ||
the initial 12-month
exclusion period under subdivision | ||
(b)(i) of this Section, the Housing
Authority
must exclude, | ||
for each month in which the increase in income is received, | ||
but
not for more than 12 months, 50% of the increase in the | ||
annual
income that is received due to the tenant's | ||
employment or the tenant's family
experiencing an increase | ||
in annual income under subdivision (a)(ii).
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(iii) Maximum 48-month period for exclusions. The | ||
exclusion of increases
in income of an individual family | ||
member as provided in subdivision (b)(i) or
(b)(ii) of this | ||
Section is limited to a lifetime 48-month period. The | ||
exclusion
applies for a maximum of 12 months for the | ||
exclusion under subdivision (b)(i)
and a maximum of 12 | ||
months for the exclusion under subdivision (b)(ii), during
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the 48-month period starting with the beginning of the | ||
initial exclusion period
under subdivision (b)(i), which | ||
immediately follows 12 or more
months of unemployment.
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(c) Inapplicability of income exclusions to admission | ||
process. The exclusion
of increases in income as a result of | ||
employment under this Section for the
purpose of determining | ||
rent does not apply for purposes of determining
eligibility for | ||
admission to the program (including determinations of income
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eligibility and income targeting).
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(d) Inapplicability of income exclusions to the HOME | ||
Investment Partnership Program, Housing Opportunities for | ||
Persons with AIDS, the Supportive Housing Program, and the | ||
Housing Choice Voucher Program. The exclusion of increases in | ||
income as a result of employment as provided under subsections | ||
(a) and (b) of this Section is not applicable to the following | ||
programs: the HOME Investment Partnership Program, Housing | ||
Opportunities for Persons with AIDS, the Supportive Housing | ||
Program, and the Housing Choice Voucher Program, except for a | ||
tenant family member who is a person with disabilities as | ||
defined in 42 U.S.C. 423. | ||
(Source: P.A. 93-242, eff. 7-22-03.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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