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1 | AN ACT concerning revenue. | |||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly: | |||||||||||||||||||
4 | Section 5. The Property Tax Code is amended by changing | |||||||||||||||||||
5 | Section 15-178 as follows: | |||||||||||||||||||
6 | (35 ILCS 200/15-178) | |||||||||||||||||||
7 | Sec. 15-178. Affordable housing special assessment | |||||||||||||||||||
8 | programs; reduction Reduction in assessed value for affordable | |||||||||||||||||||
9 | rental housing construction or rehabilitation. | |||||||||||||||||||
10 | (a) The General Assembly finds that there is a shortage of | |||||||||||||||||||
11 | high quality affordable rental homes for low-income and | |||||||||||||||||||
12 | very-low-income households throughout Illinois; that owners | |||||||||||||||||||
13 | and developers of rental housing face significant challenges | |||||||||||||||||||
14 | building newly constructed apartments or undertaking | |||||||||||||||||||
15 | rehabilitation of existing properties that results in rents | |||||||||||||||||||
16 | that are affordable for low-income and very-low-income | |||||||||||||||||||
17 | households; and that it will help Cook County and other parts | |||||||||||||||||||
18 | of Illinois address the extreme shortage of affordable rental | |||||||||||||||||||
19 | housing by developing a statewide policy to determine the | |||||||||||||||||||
20 | assessed value for newly constructed and rehabilitated | |||||||||||||||||||
21 | affordable rental housing that both encourages investment and | |||||||||||||||||||
22 | incentivizes property owners to keep rents affordable. | |||||||||||||||||||
23 | (b) Each chief county assessment officer shall implement |
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1 | special assessment programs to reduce the assessed value of | ||||||
2 | all eligible newly constructed residential real property or | ||||||
3 | qualifying rehabilitation to all eligible existing residential | ||||||
4 | real property in accordance with subsection (c) for 10 taxable | ||||||
5 | years after the newly constructed residential real property or | ||||||
6 | substantially rehabilitated improvements to existing | ||||||
7 | residential real property are put in service. Any county with | ||||||
8 | less than 3,000,000 inhabitants may decide not to implement | ||||||
9 | one or both of the special assessment programs defined in | ||||||
10 | subparagraph (1) of subsection (c) of this Section and | ||||||
11 | subparagraph (2) of subsection (c) of this Section upon | ||||||
12 | passage of an ordinance by a majority vote of the county board. | ||||||
13 | Subsequent to a vote to opt out of this special assessment | ||||||
14 | program, any county with less than 3,000,000 inhabitants may | ||||||
15 | decide to implement one or both of the special assessment | ||||||
16 | programs defined in subparagraph (1) of subsection (c) of this | ||||||
17 | Section and subparagraph (2) of subsection (c) of this Section | ||||||
18 | upon passage of an ordinance by a majority vote of the county | ||||||
19 | board. A county opting out shall not disqualify or shorten the | ||||||
20 | maximum eligibility periods for any property approved to | ||||||
21 | receive a reduced valuation prior to the county opting out. | ||||||
22 | The special assessment programs available under this Section | ||||||
23 | shall be available to all qualifying residential real property | ||||||
24 | regardless of whether or not the property has or is currently | ||||||
25 | receiving any other public financing or subsidies or subject | ||||||
26 | to any regulatory agreements with any public entity, or both. |
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1 | The changes made to this subsection by this amendatory Act of | ||||||
2 | the 104th General Assembly are declarative of existing law and | ||||||
3 | shall not be construed as a new enactment. Property is | ||||||
4 | eligible for the special assessment program if and only if all | ||||||
5 | of the following factors have been met: | ||||||
6 | (1) at the conclusion of the new construction or | ||||||
7 | qualifying rehabilitation, the property consists of a | ||||||
8 | newly constructed multifamily building containing 7 or | ||||||
9 | more rental dwelling units or an existing multifamily | ||||||
10 | building that has undergone qualifying rehabilitation | ||||||
11 | resulting in 7 or more rental dwelling units; and | ||||||
12 | (2) the property meets the application requirements | ||||||
13 | defined in subsection (f). | ||||||
14 | (c) For those counties that are required to implement the | ||||||
15 | special assessment program and do not opt out of such special | ||||||
16 | assessment program, the chief county assessment officer for | ||||||
17 | that county shall require that residential real property is | ||||||
18 | eligible for the special assessment program if and only if one | ||||||
19 | of the additional factors have been met: | ||||||
20 | (1) except as defined in subparagraphs (E), (F), and | ||||||
21 | (G) of paragraph (1) of subsection (f) of this Section, | ||||||
22 | prior to the newly constructed residential real property | ||||||
23 | or substantially rehabilitated improvements to existing | ||||||
24 | residential real property being put in service, the owner | ||||||
25 | of the residential real property commits that, for a | ||||||
26 | period of 10 years, at least 15% of the multifamily |
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1 | building's units will have rents as defined in this | ||||||
2 | Section that are at or below maximum rents and are | ||||||
3 | occupied by households with household incomes at or below | ||||||
4 | maximum income limits; or | ||||||
5 | (2) except as defined in subparagraphs (E), (F), and | ||||||
6 | (G) of paragraph (1) of subsection (f) of this Section, | ||||||
7 | prior to the newly constructed residential real property | ||||||
8 | or substantially rehabilitated improvements to existing | ||||||
9 | residential real property located in a low affordability | ||||||
10 | community being put in service, the owner of the | ||||||
11 | residential real property commits that, for a period of 30 | ||||||
12 | years after the newly constructed residential real | ||||||
13 | property or substantially rehabilitated improvements to | ||||||
14 | existing residential real property are put in service, at | ||||||
15 | least 20% of the multifamily building's units will have | ||||||
16 | rents as defined in this Section that are at or below | ||||||
17 | maximum rents and are occupied by households with | ||||||
18 | household incomes at or below maximum income limits. | ||||||
19 | If a reduction in assessed value is granted under one | ||||||
20 | special assessment program provided for in this Section, then | ||||||
21 | that same residential real property is not eligible for an | ||||||
22 | additional special assessment program under this Section at | ||||||
23 | the same time. | ||||||
24 | (d) The amount of the reduction in assessed value for | ||||||
25 | residential real property meeting the conditions set forth in | ||||||
26 | subparagraph (1) of subsection (c) shall be calculated as |
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1 | follows: | ||||||
2 | (1) if the owner of the residential real property | ||||||
3 | commits for a period of at least 10 years that at least 15% | ||||||
4 | but fewer than 35% of the multifamily building's units | ||||||
5 | have rents at or below maximum rents and are occupied by | ||||||
6 | households with household incomes at or below maximum | ||||||
7 | income limits, the assessed value of the property used to | ||||||
8 | calculate the tax bill shall be reduced by an amount equal | ||||||
9 | to 25% of the assessed value of the property as determined | ||||||
10 | by the assessor for the property in the current taxable | ||||||
11 | year for the newly constructed residential real property | ||||||
12 | or based on the improvements to an existing residential | ||||||
13 | real property; and | ||||||
14 | (2) if the owner of the residential real property | ||||||
15 | commits for a period of at least 10 years that at least 35% | ||||||
16 | of the multifamily building's units have rents at or below | ||||||
17 | maximum rents and are occupied by households with | ||||||
18 | household incomes at or below maximum income limits, the | ||||||
19 | assessed value of the property used to calculate the tax | ||||||
20 | bill shall be reduced by an amount equal to 35% of the | ||||||
21 | assessed value of the property as determined by the | ||||||
22 | assessor for the property in the current assessment year | ||||||
23 | for the newly constructed residential real property or | ||||||
24 | based on the improvements to an existing residential real | ||||||
25 | property. | ||||||
26 | (e) The amount of the reduction for residential real |
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1 | property meeting the conditions set forth in subparagraph (2) | ||||||
2 | of subsection (c) shall be calculated as follows: | ||||||
3 | (1) for the first, second, and third taxable year | ||||||
4 | after the residential real property is placed in service, | ||||||
5 | the residential real property is entitled to a reduction | ||||||
6 | in its assessed value in an amount equal to the difference | ||||||
7 | between the assessed value in the year for which the | ||||||
8 | incentive is sought and the assessed value for the | ||||||
9 | residential real property in the base year; | ||||||
10 | (2) for the fourth, fifth, and sixth taxable year | ||||||
11 | after the residential real property is placed in service, | ||||||
12 | the property is entitled to a reduction in its assessed | ||||||
13 | value in an amount equal to 80% of the difference between | ||||||
14 | the assessed value in the year for which the incentive is | ||||||
15 | sought and the assessed value for the residential real | ||||||
16 | property in the base year; | ||||||
17 | (3) for the seventh, eighth, and ninth taxable year | ||||||
18 | after the property is placed in service, the residential | ||||||
19 | real property is entitled to a reduction in its assessed | ||||||
20 | value in an amount equal to 60% of the difference between | ||||||
21 | the assessed value in the year for which the incentive is | ||||||
22 | sought and the assessed value for the residential real | ||||||
23 | property in the base year; | ||||||
24 | (4) for the tenth, eleventh, and twelfth taxable year | ||||||
25 | after the residential real property is placed in service, | ||||||
26 | the residential real property is entitled to a reduction |
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1 | in its assessed value in an amount equal to 40% of the | ||||||
2 | difference between the assessed value in the year for | ||||||
3 | which the incentive is sought and the assessed value for | ||||||
4 | the residential real property in the base year; and | ||||||
5 | (5) for the thirteenth through the thirtieth taxable | ||||||
6 | year after the residential real property is placed in | ||||||
7 | service, the residential real property is entitled to a | ||||||
8 | reduction in its assessed value in an amount equal to 20% | ||||||
9 | of the difference between the assessed value in the year | ||||||
10 | for which the incentive is sought and the assessed value | ||||||
11 | for the residential real property in the base year. | ||||||
12 | (f) Application requirements. | ||||||
13 | (1) In order to receive the reduced valuation under | ||||||
14 | this Section, the owner must submit an application | ||||||
15 | containing the following information to the chief county | ||||||
16 | assessment officer for review in the form and by the date | ||||||
17 | required by the chief county assessment officer: | ||||||
18 | (A) the owner's name; | ||||||
19 | (B) the postal address and permanent index number | ||||||
20 | or numbers of the parcel or parcels for which the owner | ||||||
21 | is applying to receive reduced valuation under this | ||||||
22 | Section; | ||||||
23 | (C) a deed or other instrument conveying the | ||||||
24 | parcel or parcels to the current owner; | ||||||
25 | (D) written evidence that the new construction or | ||||||
26 | qualifying rehabilitation has been completed with |
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1 | respect to the residential real property, including, | ||||||
2 | but not limited to, copies of building permits, a | ||||||
3 | notarized contractor's affidavit, and photographs of | ||||||
4 | the interior and exterior of the building after new | ||||||
5 | construction or rehabilitation is completed; | ||||||
6 | (E) written evidence that the residential real | ||||||
7 | property meets local building codes, or if there are | ||||||
8 | no local building codes, Housing Quality Standards, as | ||||||
9 | determined by the United States Department of Housing | ||||||
10 | and Urban Development; | ||||||
11 | (F) a list identifying the affordable units in | ||||||
12 | residential real property and a written statement that | ||||||
13 | the affordable units are comparable to the market rate | ||||||
14 | units in terms of unit type, number of bedrooms per | ||||||
15 | unit, quality of exterior appearance, energy | ||||||
16 | efficiency, and overall quality of construction; | ||||||
17 | (G) a written schedule certifying the rents in | ||||||
18 | each affordable unit and a written statement that | ||||||
19 | these rents do not exceed the maximum rents allowable | ||||||
20 | for the area in which the residential real property is | ||||||
21 | located; | ||||||
22 | (H) documentation from the administering agency | ||||||
23 | verifying the owner's participation in a qualifying | ||||||
24 | income-based rental subsidy program as defined in | ||||||
25 | subsection (e) of this Section if units receiving | ||||||
26 | rental subsidies are to be counted among the |
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1 | affordable units in order to meet the thresholds | ||||||
2 | defined in this Section; | ||||||
3 | (I) a written statement identifying the household | ||||||
4 | income for every household occupying an affordable | ||||||
5 | unit and certifying that the household income does not | ||||||
6 | exceed the maximum income limits allowable for the | ||||||
7 | area in which the residential real property is | ||||||
8 | located; | ||||||
9 | (J) a written statement that the owner has | ||||||
10 | verified and retained documentation of household | ||||||
11 | income for every household occupying an affordable | ||||||
12 | unit; and | ||||||
13 | (K) any additional information consistent with | ||||||
14 | this Section as reasonably required by the chief | ||||||
15 | county assessment officer, including, but not limited | ||||||
16 | to, any information necessary to ensure compliance | ||||||
17 | with applicable local ordinances and to ensure the | ||||||
18 | owner is complying with the provisions of this | ||||||
19 | Section. | ||||||
20 | (1.1) In order for a development to receive the | ||||||
21 | reduced valuation under subsection (e), the owner must | ||||||
22 | provide evidence to the county assessor's office of a | ||||||
23 | fully executed project labor agreement entered into with | ||||||
24 | the applicable local building trades council, prior to | ||||||
25 | commencement of any and all construction, building, | ||||||
26 | renovation, demolition, or any material change to the |
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1 | structure or land. | ||||||
2 | (2) The application requirements contained in | ||||||
3 | paragraph (1) of subsection (f) are continuing | ||||||
4 | requirements for the duration of the reduction in assessed | ||||||
5 | value received and may be annually or periodically | ||||||
6 | verified by the chief county assessment officer for the | ||||||
7 | county whereby the benefit is being issued. | ||||||
8 | (3) In lieu of submitting an application containing | ||||||
9 | the information prescribed in paragraph (1) of subsection | ||||||
10 | (f), the chief county assessment officer may allow for | ||||||
11 | submission of a substantially similar certification | ||||||
12 | granted by the Illinois Housing Development Authority or a | ||||||
13 | comparable local authority provided that the chief county | ||||||
14 | assessment officer independently verifies the veracity of | ||||||
15 | the certification with the Illinois Housing Development | ||||||
16 | Authority or comparable local authority. | ||||||
17 | (4) The chief county assessment officer shall notify | ||||||
18 | the owner as to whether or not the property meets the | ||||||
19 | requirements of this Section. If the property does not | ||||||
20 | meet the requirements of this Section, the chief county | ||||||
21 | assessment officer shall provide written notice of any | ||||||
22 | deficiencies to the owner, who shall then have 30 days | ||||||
23 | from the date of notification to provide supplemental | ||||||
24 | information showing compliance with this Section. The | ||||||
25 | chief county assessment officer shall, in its discretion, | ||||||
26 | grant additional time to cure any deficiency. If the owner |
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1 | does not exercise this right to cure the deficiency, or if | ||||||
2 | the information submitted, in the sole judgment of the | ||||||
3 | chief county assessment officer, is insufficient to meet | ||||||
4 | the requirements of this Section, the chief county | ||||||
5 | assessment officer shall provide a written explanation of | ||||||
6 | the reasons for denial. | ||||||
7 | (5) The chief county assessment officer may charge a | ||||||
8 | reasonable application fee to offset the administrative | ||||||
9 | expenses associated with the program. | ||||||
10 | (6) The reduced valuation conferred by this Section is | ||||||
11 | limited as follows: | ||||||
12 | (A) The owner is eligible to apply for the reduced | ||||||
13 | valuation conferred by this Section beginning in the | ||||||
14 | first assessment year after the effective date of this | ||||||
15 | amendatory Act of the 102nd General Assembly through | ||||||
16 | December 31, 2037 2027 . If approved, the reduction | ||||||
17 | will be effective for the current assessment year, | ||||||
18 | which will be reflected in the tax bill issued in the | ||||||
19 | following calendar year. Owners that are approved for | ||||||
20 | the reduced valuation under paragraph (1) of | ||||||
21 | subsection (c) of this Section before December 31, | ||||||
22 | 2027 shall, at minimum, be eligible for annual renewal | ||||||
23 | of the reduced valuation during an initial 10-year | ||||||
24 | period if annual certification requirements are met | ||||||
25 | for each of the 10 years, as described in subparagraph | ||||||
26 | (B) of paragraph (4) of subsection (d) of this |
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1 | Section. If an owner is approved for the reduced | ||||||
2 | valuation conferred by this Section prior to December | ||||||
3 | 31, 2037 and this Section is not subsequently | ||||||
4 | extended, this shall not disqualify or shorten the | ||||||
5 | maximum eligibility periods for any property approved | ||||||
6 | to receive a reduced valuation. | ||||||
7 | (B) Property receiving a reduction outlined in | ||||||
8 | paragraph (1) of subsection (c) of this Section shall | ||||||
9 | continue to be eligible for an initial period of up to | ||||||
10 | 10 years if annual certification requirements are met | ||||||
11 | for each of the 10 years, but shall be extended for up | ||||||
12 | to 2 additional 10-year periods with annual renewals | ||||||
13 | if the owner continues to meet the requirements of | ||||||
14 | this Section, including annual certifications, and | ||||||
15 | excluding the requirements regarding new construction | ||||||
16 | or qualifying rehabilitation defined in subparagraph | ||||||
17 | (D) of paragraph (1) of this subsection. | ||||||
18 | (C) The annual certification materials in the year | ||||||
19 | prior to final year of eligibility for the reduction | ||||||
20 | in assessed value must include a dated copy of the | ||||||
21 | written notice provided to tenants informing them of | ||||||
22 | the date of the termination if the owner is not seeking | ||||||
23 | a renewal. | ||||||
24 | (D) If the property is sold or transferred, the | ||||||
25 | purchaser or transferee must comply with all | ||||||
26 | requirements of this Section, excluding the |
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1 | requirements regarding new construction or qualifying | ||||||
2 | rehabilitation defined in subparagraph (D) of | ||||||
3 | paragraph (1) of this subsection, in order to continue | ||||||
4 | receiving the reduction in assessed value. Purchasers | ||||||
5 | and transferees who comply with all requirements of | ||||||
6 | this Section excluding the requirements regarding new | ||||||
7 | construction or qualifying rehabilitation defined in | ||||||
8 | subparagraph (D) of paragraph (1) of this subsection | ||||||
9 | are eligible to apply for renewal on the schedule set | ||||||
10 | by the initial application. | ||||||
11 | (E) (Blank). The owner may apply for the reduced | ||||||
12 | valuation if the residential real property meets all | ||||||
13 | requirements of this Section and the newly constructed | ||||||
14 | residential real property or improvements to existing | ||||||
15 | residential real property were put in service on or | ||||||
16 | after January 1, 2015. However, the initial 10-year | ||||||
17 | eligibility period or 30-year eligibility period, | ||||||
18 | depending on the applicable program, shall be reduced | ||||||
19 | by the number of years between the placed in service | ||||||
20 | date and the date the owner first receives this | ||||||
21 | reduced valuation. | ||||||
22 | (F) The owner may apply for the reduced valuation | ||||||
23 | within 2 years after the newly constructed residential | ||||||
24 | real property or improvements to existing residential | ||||||
25 | real property are put in service. However, the initial | ||||||
26 | 10-year eligibility period or 30-year eligibility |
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1 | period, depending on the applicable program, shall be | ||||||
2 | reduced for the number of years between the placed in | ||||||
3 | service date and the date the owner first receives | ||||||
4 | this reduced valuation. | ||||||
5 | (G) Owners of a multifamily building receiving a | ||||||
6 | reduced valuation through the Cook County Class 9 | ||||||
7 | program during the year in which this amendatory Act | ||||||
8 | of the 102nd General Assembly takes effect shall be | ||||||
9 | deemed automatically eligible for the reduced | ||||||
10 | valuation defined in paragraph (1) of subsection (c) | ||||||
11 | of this Section in terms of meeting the criteria for | ||||||
12 | new construction or substantial rehabilitation for a | ||||||
13 | specific multifamily building regardless of when the | ||||||
14 | newly constructed residential real property or | ||||||
15 | improvements to existing residential real property | ||||||
16 | were put in service. If a Cook County Class 9 owner had | ||||||
17 | Class 9 status revoked on or after January 1, 2017 but | ||||||
18 | can provide documents sufficient to prove that the | ||||||
19 | revocation was in error or any deficiencies leading to | ||||||
20 | the revocation have been cured, the chief county | ||||||
21 | assessment officer may deem the owner to be eligible. | ||||||
22 | However, owners may not receive both the reduced | ||||||
23 | valuation under this Section and the reduced valuation | ||||||
24 | under the Cook County Class 9 program in any single | ||||||
25 | assessment year. In addition, the number of years | ||||||
26 | during which an owner has participated in the Class 9 |
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1 | program shall count against the 3 10-year periods of | ||||||
2 | eligibility for the reduced valuation as defined in | ||||||
3 | subparagraph (1) of subsection (c) of this Section. | ||||||
4 | (H) At the completion of the assessment reduction | ||||||
5 | period described in this Section: the entire parcel | ||||||
6 | will be assessed as otherwise provided by law. | ||||||
7 | (7) If the chief county assessment officer has not | ||||||
8 | created application forms, the chief county assessment | ||||||
9 | officer shall make publicly available and accept | ||||||
10 | applications forms that shall be available to local | ||||||
11 | governments from the Illinois Department of Revenue. If a | ||||||
12 | county Internet website exists, the application materials, | ||||||
13 | as well as any other program requirements used by the | ||||||
14 | county (such as application deadlines, fees, and other | ||||||
15 | procedures required by the application) must be published | ||||||
16 | on that website, otherwise it must be available to the | ||||||
17 | public upon request at the office of the chief county | ||||||
18 | assessment officer. | ||||||
19 | (g) As used in this Section: | ||||||
20 | "Affordable units" means units that have rents that do not | ||||||
21 | exceed the maximum rents as defined in this Section. | ||||||
22 | "Assessed value for the residential real property in the | ||||||
23 | base year" means the assessed value used to calculate the tax | ||||||
24 | bill, as certified by the board of review, for the tax year | ||||||
25 | immediately prior to the tax year in which the building permit | ||||||
26 | is issued. For property assessed as other than residential |
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1 | property, the "assessed value for the residential real | ||||||
2 | property in the base year" means the assessed value that would | ||||||
3 | have been obtained had the property been classified as | ||||||
4 | residential as derived from the board of review's certified | ||||||
5 | market value. | ||||||
6 | "Household income" includes the annual income for all the | ||||||
7 | people who occupy a housing unit that is anticipated to be | ||||||
8 | received from a source outside of the family during the | ||||||
9 | 12-month period following admission or the annual | ||||||
10 | recertification, including related family members and all the | ||||||
11 | unrelated people who share the housing unit. Household income | ||||||
12 | includes the total of the following income sources: wages, | ||||||
13 | salaries and tips before any payroll deductions; net business | ||||||
14 | income; interest and dividends; payments in lieu of earnings, | ||||||
15 | such as unemployment and disability compensation, worker's | ||||||
16 | compensation and severance pay; Social Security income, | ||||||
17 | including lump sum payments; payments from insurance policies, | ||||||
18 | annuities, pensions, disability benefits and other types of | ||||||
19 | periodic payments, alimony, child support, and other regular | ||||||
20 | monetary contributions; and public assistance, except for | ||||||
21 | assistance from the Supplemental Nutrition Assistance Program | ||||||
22 | (SNAP). "Household income" does not include: earnings of | ||||||
23 | children under age 18; temporary income such as cash gifts; | ||||||
24 | reimbursement for medical expenses; lump sums from | ||||||
25 | inheritance, insurance payments, settlements for personal or | ||||||
26 | property losses; student financial assistance paid directly to |
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1 | the student or to an educational institution; foster child | ||||||
2 | care payments; receipts from government-funded training | ||||||
3 | programs; assistance from the Supplemental Nutrition | ||||||
4 | Assistance Program (SNAP). | ||||||
5 | "Low affordability community" means (1) a municipality or | ||||||
6 | jurisdiction with less than 1,000,000 inhabitants in which 40% | ||||||
7 | or less of its total year-round housing units are affordable, | ||||||
8 | as determined by the Illinois Housing Development Authority | ||||||
9 | during the exemption determination process under the | ||||||
10 | Affordable Housing Planning and Appeal Act; (2) "D" zoning | ||||||
11 | districts as now or hereafter designated in the Chicago Zoning | ||||||
12 | Ordinance; or (3) a jurisdiction located in a municipality | ||||||
13 | with 1,000,000 or more inhabitants that has been designated as | ||||||
14 | a low affordability community by passage of a local ordinance | ||||||
15 | by that municipality, specifying the census tract or property | ||||||
16 | by permanent index number or numbers. | ||||||
17 | "Maximum income limits" means the maximum regular income | ||||||
18 | limits for 60% of area median income for the geographic area in | ||||||
19 | which the multifamily building is located for multifamily | ||||||
20 | programs as determined by the United States Department of | ||||||
21 | Housing and Urban Development and published annually by the | ||||||
22 | Illinois Housing Development Authority. A property may be | ||||||
23 | deemed to have satisfied the maximum income limits with a | ||||||
24 | weighted average if municipal, state, or federal laws, | ||||||
25 | ordinances, rules, or regulations requires the use of a | ||||||
26 | weighted average of no more than 60% of area median income for |
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1 | that property. | ||||||
2 | "Maximum rent" means the maximum regular rent for 60% of | ||||||
3 | the area median income for the geographic area in which the | ||||||
4 | multifamily building is located for multifamily programs as | ||||||
5 | determined by the United States Department of Housing and | ||||||
6 | Urban Development and published annually by the Illinois | ||||||
7 | Housing Development Authority. To be eligible for the reduced | ||||||
8 | valuation defined in this Section, maximum rents are to be | ||||||
9 | consistent with the Illinois Housing Development Authority's | ||||||
10 | rules; or if the owner is leasing an affordable unit to a | ||||||
11 | household with an income at or below the maximum income limit | ||||||
12 | who is participating in qualifying income-based rental subsidy | ||||||
13 | program, "maximum rent" means the maximum rents allowable | ||||||
14 | under the guidelines of the qualifying income-based rental | ||||||
15 | subsidy program. A property may be deemed to have satisfied | ||||||
16 | the maximum rent with a weighted average if municipal, state, | ||||||
17 | or federal laws, ordinances, rules, or regulations requires | ||||||
18 | the use of a weighted average of no more than 60% of area | ||||||
19 | median income for that property. | ||||||
20 | "Qualifying income-based rental subsidy program" means a | ||||||
21 | Housing Choice Voucher issued by a housing authority under | ||||||
22 | Section 8 of the United States Housing Act of 1937, a tenant | ||||||
23 | voucher converted to a project-based voucher by a housing | ||||||
24 | authority or any other program administered or funded by a | ||||||
25 | housing authority, the Illinois Housing Development Authority, | ||||||
26 | another State agency, a federal agency, or a unit of local |
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1 | government where participation is limited to households with | ||||||
2 | incomes at or below the maximum income limits as defined in | ||||||
3 | this Section and the tenants' portion of the rent payment is | ||||||
4 | based on a percentage of their income or a flat amount that | ||||||
5 | does not exceed the maximum rent as defined in this Section. | ||||||
6 | "Qualifying rehabilitation" means, at a minimum, | ||||||
7 | compliance with local building codes and the replacement or | ||||||
8 | renovation of at least 2 primary building systems to be | ||||||
9 | approved for the reduced valuation under paragraph (1) of | ||||||
10 | subsection (d) of this Section and at least 5 primary building | ||||||
11 | systems to be approved for the reduced valuation under | ||||||
12 | subsection (e) of this Section. Although the cost of each | ||||||
13 | primary building system may vary, to be approved for the | ||||||
14 | reduced valuation under paragraph (1) of subsection (d) of | ||||||
15 | this Section, the combined expenditure for making the building | ||||||
16 | compliant with local codes and replacing primary building | ||||||
17 | systems must be at least $8 per square foot for work completed | ||||||
18 | between January 1 of the year in which this amendatory Act of | ||||||
19 | the 102nd General Assembly takes effect and December 31 of the | ||||||
20 | year in which this amendatory Act of the 102nd General | ||||||
21 | Assembly takes effect and, in subsequent years, $8 adjusted by | ||||||
22 | the Consumer Price Index for All Urban Consumers, as published | ||||||
23 | annually by the U.S. Department of Labor. To be approved for | ||||||
24 | the reduced valuation under paragraph (2) of subsection (d) of | ||||||
25 | this Section, the combined expenditure for making the building | ||||||
26 | compliant with local codes and replacing primary building |
| |||||||
| |||||||
1 | systems must be at least $12.50 per square foot for work | ||||||
2 | completed between January 1 of the year in which this | ||||||
3 | amendatory Act of the 102nd General Assembly takes effect and | ||||||
4 | December 31 of the year in which this amendatory Act of the | ||||||
5 | 102nd General Assembly takes effect, and in subsequent years, | ||||||
6 | $12.50 adjusted by the Consumer Price Index for All Urban | ||||||
7 | Consumers, as published annually by the U.S. Department of | ||||||
8 | Labor. To be approved for the reduced valuation under | ||||||
9 | subsection (e) of this Section, the combined expenditure for | ||||||
10 | making the building compliant with local codes and replacing | ||||||
11 | primary building systems must be at least $60 per square foot | ||||||
12 | for work completed between January 1 of the year that this | ||||||
13 | amendatory Act of the 102nd General Assembly becomes effective | ||||||
14 | and December 31 of the year that this amendatory Act of the | ||||||
15 | 102nd General Assembly becomes effective and, in subsequent | ||||||
16 | years, $60 adjusted by the Consumer Price Index for All Urban | ||||||
17 | Consumers, as published annually by the U.S. Department of | ||||||
18 | Labor. On an annual basis, the Illinois Housing Development | ||||||
19 | Authority shall calculate and make available on its website | ||||||
20 | the minimum per square foot expenditure requirements to be | ||||||
21 | applicable statewide to be eligible for the reduced valuation | ||||||
22 | available under paragraphs (1) and (2) of subsection (d) of | ||||||
23 | this Section and subsection (e) of this Section. This shall | ||||||
24 | include the historical annual expenditure requirements | ||||||
25 | starting with calendar year 2021. "Primary building systems", | ||||||
26 | together with their related rehabilitations, specifically |
| |||||||
| |||||||
1 | approved for this program are: | ||||||
2 | (1) Electrical. All electrical work must comply with | ||||||
3 | applicable codes; it may consist of a combination of any | ||||||
4 | of the following alternatives: | ||||||
5 | (A) installing individual equipment and appliance | ||||||
6 | branch circuits as required by code (the minimum being | ||||||
7 | a kitchen appliance branch circuit); | ||||||
8 | (B) installing a new emergency service, including | ||||||
9 | emergency lighting with all associated conduits and | ||||||
10 | wiring; | ||||||
11 | (C) rewiring all existing feeder conduits ("home | ||||||
12 | runs") from the main switchgear to apartment area | ||||||
13 | distribution panels; | ||||||
14 | (D) installing new in-wall conduits for | ||||||
15 | receptacles, switches, appliances, equipment, and | ||||||
16 | fixtures; | ||||||
17 | (E) replacing power wiring for receptacles, | ||||||
18 | switches, appliances, equipment, and fixtures; | ||||||
19 | (F) installing new light fixtures throughout the | ||||||
20 | building including closets and central areas; | ||||||
21 | (G) replacing, adding, or doing work as necessary | ||||||
22 | to bring all receptacles, switches, and other | ||||||
23 | electrical devices into code compliance; | ||||||
24 | (H) installing a new main service, including | ||||||
25 | conduit, cables into the building, and main disconnect | ||||||
26 | switch; and |
| |||||||
| |||||||
1 | (I) installing new distribution panels, including | ||||||
2 | all panel wiring, terminals, circuit breakers, and all | ||||||
3 | other panel devices. | ||||||
4 | (2) Heating. All heating work must comply with | ||||||
5 | applicable codes; it may consist of a combination of any | ||||||
6 | of the following alternatives: | ||||||
7 | (A) installing a new system to replace one of the | ||||||
8 | following heat distribution systems: | ||||||
9 | (i) piping and heat radiating units, including | ||||||
10 | new main line venting and radiator venting; or | ||||||
11 | (ii) duct work, diffusers, and cold air | ||||||
12 | returns; or | ||||||
13 | (iii) any other type of existing heat | ||||||
14 | distribution and radiation/diffusion components; | ||||||
15 | or | ||||||
16 | (B) installing a new system to replace one of the | ||||||
17 | following heat generating units: | ||||||
18 | (i) hot water/steam boiler; | ||||||
19 | (ii) gas furnace; or | ||||||
20 | (iii) any other type of existing heat | ||||||
21 | generating unit. | ||||||
22 | (3) Plumbing. All plumbing work must comply with | ||||||
23 | applicable codes. Replace all or a part of the in-wall | ||||||
24 | supply and waste plumbing; however, main supply risers, | ||||||
25 | waste stacks and vents, and code-conforming waste lines | ||||||
26 | need not be replaced. |
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| |||||||
1 | (4) Roofing. All roofing work must comply with | ||||||
2 | applicable codes; it may consist of either of the | ||||||
3 | following alternatives, separately or in combination: | ||||||
4 | (A) replacing all rotted roof decks and | ||||||
5 | insulation; or | ||||||
6 | (B) replacing or repairing leaking roof membranes | ||||||
7 | (10% is the suggested minimum replacement of | ||||||
8 | membrane); restoration of the entire roof is an | ||||||
9 | acceptable substitute for membrane replacement. | ||||||
10 | (5) Exterior doors and windows. Replace the exterior | ||||||
11 | doors and windows. Renovation of ornate entry doors is an | ||||||
12 | acceptable substitute for replacement. | ||||||
13 | (6) Floors, walls, and ceilings. Finishes must be | ||||||
14 | replaced or covered over with new material. Acceptable | ||||||
15 | replacement or covering materials are as follows: | ||||||
16 | (A) floors must have new carpeting, vinyl tile, | ||||||
17 | ceramic, refurbished wood finish, or a similar | ||||||
18 | substitute; | ||||||
19 | (B) walls must have new drywall, including joint | ||||||
20 | taping and painting; or | ||||||
21 | (C) new ceilings must be either drywall, suspended | ||||||
22 | type, or a similar material. | ||||||
23 | (7) Exterior walls. | ||||||
24 | (A) replace loose or crumbling mortar and masonry | ||||||
25 | with new material; | ||||||
26 | (B) replace or paint wall siding and trim as |
| |||||||
| |||||||
1 | needed; | ||||||
2 | (C) bring porches and balconies to a sound | ||||||
3 | condition; or | ||||||
4 | (D) any combination of (A), (B), and (C). | ||||||
5 | (8) Elevators. Where applicable, at least 4 of the | ||||||
6 | following 7 alternatives must be accomplished: | ||||||
7 | (A) replace or rebuild the machine room controls | ||||||
8 | and refurbish the elevator machine (or equivalent | ||||||
9 | mechanisms in the case of hydraulic elevators); | ||||||
10 | (B) replace hoistway electro-mechanical items | ||||||
11 | including: ropes, switches, limits, buffers, levelers, | ||||||
12 | and deflector sheaves (or equivalent mechanisms in the | ||||||
13 | case of hydraulic elevators); | ||||||
14 | (C) replace hoistway wiring; | ||||||
15 | (D) replace door operators and linkage; | ||||||
16 | (E) replace door panels at each opening; | ||||||
17 | (F) replace hall stations, car stations, and | ||||||
18 | signal fixtures; or | ||||||
19 | (G) rebuild the car shell and refinish the | ||||||
20 | interior. | ||||||
21 | (9) Health and safety. | ||||||
22 | (A) Install or replace fire suppression systems; | ||||||
23 | (B) install or replace security systems; or | ||||||
24 | (C) environmental remediation of lead-based paint, | ||||||
25 | asbestos, leaking underground storage tanks, or radon. | ||||||
26 | (10) Energy conservation improvements undertaken to |
| |||||||
| |||||||
1 | limit the amount of solar energy absorbed by a building's | ||||||
2 | roof or to reduce energy use for the property, including, | ||||||
3 | but not limited to, any of the following activities: | ||||||
4 | (A) installing or replacing reflective roof | ||||||
5 | coatings (flat roofs); | ||||||
6 | (B) installing or replacing R-49 roof insulation; | ||||||
7 | (C) installing or replacing R-19 perimeter wall | ||||||
8 | insulation; | ||||||
9 | (D) installing or replacing insulated entry doors; | ||||||
10 | (E) installing or replacing Low E, insulated | ||||||
11 | windows; | ||||||
12 | (F) installing or replacing WaterSense labeled | ||||||
13 | plumbing fixtures; | ||||||
14 | (G) installing or replacing 90% or better sealed | ||||||
15 | combustion heating systems; | ||||||
16 | (H) installing Energy Star hot water heaters; | ||||||
17 | (I) installing or replacing mechanical ventilation | ||||||
18 | to exterior for kitchens and baths; | ||||||
19 | (J) installing or replacing Energy Star | ||||||
20 | appliances; | ||||||
21 | (K) installing or replacing Energy Star certified | ||||||
22 | lighting in common areas; or | ||||||
23 | (L) installing or replacing grading and | ||||||
24 | landscaping to promote on-site water retention if the | ||||||
25 | retained water is used to replace water that is | ||||||
26 | provided from a municipal source. |
| |||||||
| |||||||
1 | (11) Accessibility improvements. All accessibility | ||||||
2 | improvements must comply with applicable codes. An owner | ||||||
3 | may make accessibility improvements to residential real | ||||||
4 | property to increase access for people with disabilities. | ||||||
5 | As used in this paragraph (11), "disability" has the | ||||||
6 | meaning given to that term in the Illinois Human Rights | ||||||
7 | Act. As used in this paragraph (11), "accessibility | ||||||
8 | improvements" means a home modification listed under the | ||||||
9 | Home Services Program administered by the Department of | ||||||
10 | Human Services (Part 686 of Title 89 of the Illinois | ||||||
11 | Administrative Code) including, but not limited to: | ||||||
12 | installation of ramps, grab bars, or wheelchair lifts; | ||||||
13 | widening doorways or hallways; re-configuring rooms and | ||||||
14 | closets; and any other changes to enhance the independence | ||||||
15 | of people with disabilities. | ||||||
16 | (12) Any applicant who has purchased the property in | ||||||
17 | an arm's length transaction not more than 90 days before | ||||||
18 | applying for this reduced valuation may use the cost of | ||||||
19 | rehabilitation or repairs required by documented code | ||||||
20 | violations, up to a maximum of $2 per square foot, to meet | ||||||
21 | the qualifying rehabilitation requirements. | ||||||
22 | (Source: P.A. 102-175, eff. 7-29-21; 102-893, eff. 5-20-22.) |