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| Public Act 099-0097 | ||||
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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 Rental Housing Support
Program Act is | ||||
amended by changing Sections 7, 10, and 25 as follows: | ||||
(310 ILCS 105/7)
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Sec. 7. Definitions. In this Act:
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"Annual receipts" means revenue derived from the Rental
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Housing Support Program State surcharge from July 1 to June
30. | ||||
"Authority" means the Illinois Housing Development | ||||
Authority.
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"Developer" means any entity that receives a grant under | ||||
Section 20. | ||||
"Program" means the Rental Housing Support Program.
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"Real estate-related document" means any recorded document | ||||
that affects an
interest in real property excluding documents | ||||
which solely affect or relate to an easement for water, sewer, | ||||
electricity, gas, telephone or other public service.
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"Unit" means a rental apartment unit receiving a subsidy by | ||||
means of a grant
under this Act. "Unit" does not include | ||||
housing units intended as transitional
or
temporary housing.
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(Source: P.A. 94-118, eff. 7-5-05.) | ||||
(310 ILCS 105/10)
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Sec. 10. Creation of Program and distribution of funds.
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(a) The Rental Housing Support Program is created within | ||
the Illinois Housing Development Authority. The Authority | ||
shall administer the Program program and adopt rules for its | ||
implementation. | ||
(b) The Authority shall distribute amounts for the Program | ||
solely from annual receipts on deposit in the Rental Housing | ||
Support Program Fund that are appropriated in each year for | ||
distribution by the Authority for the Program, and not from any | ||
other source of funds for the Authority, The Authority shall | ||
distribute amounts appropriated for the Program from the Rental | ||
Housing Support Program Fund and any other appropriations | ||
provided for the Program as follows: | ||
(1) A proportionate share of annual receipts on deposit | ||
appropriated to the Fund each year the annual | ||
appropriation, as determined under subsection (d) of | ||
Section 15 of this Act, shall be distributed to | ||
municipalities with a population greater than 2,000,000. | ||
Those municipalities shall use at least 10% of those funds | ||
in accordance with Section 20 of this Act, and all | ||
provisions governing the Authority's actions under Section | ||
20 shall govern the actions of the corporate authorities of | ||
a municipality under this Section. As to the balance of the | ||
annual distribution, the municipality shall designate a | ||
non-profit organization that meets the specific criteria | ||
set forth in Section 25 of this Act to serve as the "local | ||
administering agency" under Section 15 of this Act. | ||
(2) Of the remaining annual receipts on deposit | ||
appropriated to the Fund each year appropriation after the | ||
distribution in paragraph (1) of this subsection, the | ||
Authority shall designate at least 10% for the purposes of | ||
Section 20 of this Act in areas of the State not covered | ||
under paragraph (1) of this subsection. | ||
(3) The remaining annual receipts on deposit | ||
appropriated to the Fund each year appropriation after the | ||
distributions in paragraphs (1) and (2) of this subsection | ||
shall be distributed according to Section 15 of this Act in | ||
areas of the State not covered under paragraph (1) of this | ||
subsection.
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(Source: P.A. 94-118, eff. 7-5-05.) | ||
(310 ILCS 105/25)
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Sec. 25. Criteria for awarding grants. The Authority shall | ||
adopt rules
to govern the awarding of grants and the continuing | ||
eligibility for grants
under Sections 15 and 20. Requests for | ||
proposals under
Section 20 must specify that proposals must | ||
satisfy these rules.
The rules must contain and be consistent | ||
with, but need not be limited to,
the following criteria:
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(1) Eligibility for tenancy in the units supported by | ||
grants to local
administering agencies must be
limited
to | ||
households with gross income at or below 30% of the median
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family income for the area in which the grant will be
made. | ||
Fifty percent of the units that are supported by any grant | ||
must be set
aside for households whose income is at or | ||
below 15% of the area median
family income for the area in | ||
which the grant will be made, provided that local | ||
administering agencies may negotiate flexibility in
this | ||
set-aside with the Authority if they demonstrate that they | ||
have been
unable to locate sufficient tenants in this lower | ||
income range. Income eligibility for units supported by | ||
grants to local administering agencies must be verified | ||
annually by landlords and submitted to local administering | ||
agencies. Tenants
must have sufficient income to be able to | ||
afford the tenant's share of the
rent. For grants awarded | ||
under Section 20, eligibility for tenancy in units
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supported by grants must be limited to households with a | ||
gross income at or
below
30% of area median family income | ||
for the area in which the grant will be made. Fifty percent | ||
of the units that are supported by any grant must be set | ||
aside for households whose income is at or below 15% of the | ||
median family income for the area in which the grant will | ||
be made, provided that developers may negotiate | ||
flexibility in this set-aside with the Authority or | ||
municipality as defined in subsection (b) of Section 10 if | ||
it demonstrates that it has been unable to locate | ||
sufficient tenants in this lower income range.
The | ||
Authority shall determine what sources qualify as a | ||
tenant's income.
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(2) Local administering agencies must include | ||
2-bedroom, 3-bedroom,
and 4-bedroom units among those | ||
intended to be supported by grants
under the Program | ||
program. In grants under Section 15, the precise number of
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these units among all the units intended to be supported by | ||
a grant must be
based on need in the community for larger | ||
units and other factors that the
Authority specifies in | ||
rules. The local administering agency must specify
the | ||
basis for the numbers of these units that are proposed for | ||
support under
a grant. Local administering agencies must | ||
make a good faith effort to
comply with this allocation of | ||
unit sizes. In grants awarded under Section
20, developers | ||
and the Authority or municipality, as defined in subsection | ||
(b) of Section 10, shall negotiate the numbers and sizes of
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units to be built in a project and supported by the grant.
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(3) Under grants awarded under Section 15, local | ||
administering agencies
must enter into a payment contract | ||
with the landlord that defines the method of payment and | ||
must pay subsidies to landlords on a quarterly basis and in | ||
advance of the
quarter paid for.
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(4) Local administering agencies and developers must | ||
specify how
vacancies in units supported by a grant must be | ||
advertised and they must include provisions for outreach to | ||
local
homeless shelters, organizations that work with | ||
people with disabilities,
and others interested in | ||
affordable housing.
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(5) The local administering agency or developer must | ||
establish a schedule
for the tenant's rental obligation for | ||
units supported by a grant. The
tenant's share of the rent | ||
must be a flat amount, calculated annually, based on the | ||
size of the
unit and the household's income category. In | ||
establishing the schedule for
the tenant's rental | ||
obligation, the local administering agency or developer
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must use 30% of gross income within an income range as a | ||
guide, and it
may charge an additional or lesser amount.
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(6) The amount of the subsidy provided under a grant | ||
for a unit must be
the difference between the amount of the | ||
tenant's obligation and the total
amount of rent for the
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unit. The total amount of rent for the unit must be | ||
negotiated between the
local
administering authority and | ||
the landlord under Section 15, or between the
Authority or | ||
municipality, as defined in subsection (b) of Section 10, | ||
and the developer under Section 20, using comparable rents | ||
for units of comparable size and condition in the | ||
surrounding community as a guideline.
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(7) Local administering agencies and developers, | ||
pursuant to criteria
the
Authority develops in rules, must | ||
ensure that there are procedures in place
to maintain the | ||
safety and habitability of units supported under grants. | ||
Local administering agencies must inspect
units before | ||
supporting them under a grant awarded under Section 15.
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(8) Local administering agencies must provide or | ||
ensure that tenants are
provided with a "bill of rights" | ||
with their lease setting forth local
landlord-tenant laws | ||
and procedures and contact information for the local
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administering agency.
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(9) A local administering agency must create
a plan | ||
detailing a process for helping
to provide information, | ||
when necessary, on how to access education, training, and | ||
other
supportive services to tenants living in units | ||
supported under the grant. The
plan must be
submitted as a | ||
part of the administering agency's proposal to the | ||
Authority
required under
Section 15.
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(10) Local administering agencies and developers may | ||
not use funding under
the
grant to develop or support | ||
housing that requires that a tenant has a particular | ||
diagnosis or type of disability as a condition of | ||
eligibility for occupancy unless the requirement is | ||
mandated by another funding source for the housing. Local | ||
administering agencies and developers may use grant | ||
funding to develop integrated housing opportunities for | ||
persons with disabilities, but not housing restricted to a | ||
specific disability type.
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(11) In order to plan for periodic fluctuations in | ||
annual receipts on deposit appropriated to the Fund each | ||
year program revenue, the Authority shall establish by rule | ||
a mechanism for establishing a reserve fund and the level | ||
of funding that shall be held in reserve either by the | ||
Authority or by local administering agencies.
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(12) The Authority shall perform annual | ||
reconciliations of all distributions made in connection | ||
with the Program and may offset future distributions to | ||
balance geographic distribution requirements of this Act. | ||
(Source: P.A. 97-892, eff. 8-3-12.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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