(310 ILCS 5/1) (from Ch. 67 1/2, par. 151)
Sec. 1.
This act shall be known as the "State Housing Act."
(Source: Laws 1933, p. 396.)
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(310 ILCS 5/2) (from Ch. 67 1/2, par. 152)
Sec. 2.
It is hereby declared that congested and unsanitary housing
conditions which exist in certain areas of the state in low-priced
dwellings are a menace to the health, safety, morals, welfare and
reasonable comfort of the citizens of the state. The correction of these
conditions in such areas being now otherwise impossible, it is essential
that provision be made to encourage the investment of funds at low interest
rates, the acquisition at fair prices of adequate parcels of land, the
gradual demolition of existing unsanitary and unsafe housing and the
construction of new housing facilities under public supervision, with
proper standards of sanitation and safety, and at a cost which will permit
monthly rentals or charges which wage-earners can afford to pay, and not in
excess of the rates hereinafter provided.
Therefore, there are created and authorized the agencies and
instrumentalities hereinafter prescribed, which are declared to be the
agencies and instrumentalities of the state for the purpose of attaining
the ends herein recited.
(Source: Laws 1933, p. 396.)
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(310 ILCS 5/3) (from Ch. 67 1/2, par. 153)
Sec. 3.
Housing corporations may be organized in the manner provided by
this Act to acquire, construct, alter, maintain, and operate lands and
buildings when authorized by and subject to the supervision of the Illinois
Housing Development Authority, for the purpose of providing housing
accommodations for persons and families of low income or moderate income as
those terms are defined in Section 2 (g) of the Illinois Housing
Development Act or for the reconstruction of slum areas subject to the
approval of the Illinois Housing Development Authority, a reasonable part
of any property owned by a housing corporation may be used for stores,
offices and community facilities appurtenant and incidental to housing
accommodations.
Every housing corporation shall remain at all times subject to the
supervision and control of the Illinois Housing Development Authority; and
all real estate acquired by it and all structures erected or altered by it
shall be deemed to be acquired for the purpose of promoting the public
health, safety and welfare, and subject to all the provisions of this act.
Housing corporations may be formed under this act on a not-for-profit or a
limited-dividend basis. Every stockholder of a housing corporation formed
on a limited dividend basis shall be deemed, by the subscription to or
receipt of stock thereof, to have agreed that he shall at no time receive
or accept from the corporation in repayment of his investment in its stock
any sums in excess of the face value thereof, plus cumulative dividends at
a rate not to exceed six per cent per annum. Upon the dissolution of such
corporation, any surplus in excess of such amounts shall revert to the
State of Illinois.
(Source: P.A. 76-1176.)
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(310 ILCS 5/4) (from Ch. 67 1/2, par. 154)
Sec. 4.
Whenever three or more adult persons, citizens of the United States
of America, at least two of whom shall be citizens of this State, shall
desire to form a corporation under this act, on a limited-dividend basis,
they shall sign, acknowledge and verify under oath, before some officer
competent to take acknowledgment of deeds, a statement of incorporation
setting forth the following:
(1) The name of the corporation.
(2) The address, including street and number, if any, of its initial
registered office in this State; and the name of its initial registered
agent at such address.
(3) The period of duration, which may be perpetual.
(4) The name and address, including street and number, if any, of each
incorporator.
(5) The purpose or purposes for which the corporation is organized.
(6) The aggregate number of shares which the corporation shall have
authority to issue; also, if said shares are to consist of one class only,
the par value of each of said shares, or a statement that all of said
shares are without par value; or, if said shares are to be divided into
classes, the number of shares of each class, if any, that are to have a par
value and the par value of each share of each such class, and the number of
shares of each class, if any, that are to be without par value.
(7) If the shares are to be divided into classes, the designation of
each class and a statement of the preferences, qualifications, limitations,
restrictions, and the special or relative rights in respect of the shares
of each class.
(8) If the corporation is to issue the shares of any preferred or
special class in series, then the designation of each series and a
statement of the variations in the relative rights and preferences as
between different series in so far as the same are to be fixed in the
articles of incorporation, and a statement of any authority to be vested in
the board of directors to establish series and fix and determine the
variations in the relative rights and preferences as between series.
(9) The number and class of shares which the corporation proposes to
issue without further report to the Secretary of State, and the
consideration to be received by the corporation therefor, which shall be
not less than $1,000. If shares of more than one class are to be issued,
the consideration for shares of each class shall be separately stated.
(10) The number of directors to be elected at the first meeting of
shareholders.
(11) Any provision which the incorporators may choose to insert limiting
or denying to shareholders the preemptive right to acquire additional
shares, whether then or thereafter authorized, of the corporation.
(12) Any provisions, not inconsistent with law, which the incorporators
may choose to insert, for the regulation of the internal affairs of the
corporation.
(13) An estimate, expressed in dollars, of the value of all the property
to be owned by the corporation for the following year, wherever located,
and an estimate of the value of the property to be located within this
State during such year, and an estimate, expressed in dollars, of the gross
amount of business which will be transacted by it during such year and an
estimate of the gross amount thereof which will be transacted by it at or
from places of business in this State during such year. If all the property
of the corporation is to be located in this State and all of its business
is to be transacted at or from places of business in this State, or if the
incorporators elect to pay the initial franchise tax on the basis of its
entire stated capital and paid-in surplus, then the information required by
this sub-paragraph need not be set forth in the articles of incorporation.
(14) A statement that the corporation will not commence business until
at least $1,000 has been received as consideration for the issuance of
shares.
(15) A provision that no real property of the corporation will be sold,
transferred or assigned except under and pursuant to the provisions of this
act.
Whenever three or more adult persons, citizens of the United States of
America, at least two of whom shall be citizens of this State, shall desire
to form a corporation under this act on a not-for-profit basis, they shall
sign, acknowledge and verify under oath, before some officer competent to
take acknowledgment of deeds, articles of incorporation setting forth the
following:
(1) The name of the corporation.
(2) The purpose or purposes for which the corporation is organized.
(3) The period of duration, which may be perpetual.
(4) The name and address of each incorporator.
(5) The number of directors constituting the first board of directors,
and the name and address of each such director.
(6) The address of its initial registered office in this State, and the
name of its initial registered agent at such address.
(7) Any provision which the incorporators may choose to insert limiting,
enlarging or denying the right of the members or any class or classes of
members, to vote.
(8) Any provisions, not inconsistent with law, which the incorporators
may choose to insert for the regulation of the internal affairs of the
corporation, including any provision for distribution of assets on
dissolution or final liquidation.
(9) A provision that no real property of the corporation shall be sold,
transferred or assigned except under and pursuant to the provisions of this
act.
(Source: P.A. 76-1176.)
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(310 ILCS 5/5) (from Ch. 67 1/2, par. 155)
Sec. 5.
The statement prescribed by Section 4 of this Act shall be filed in
duplicate in the office of the Secretary of State, on forms prescribed and
furnished by the Secretary of State. No such statement shall be filed
unless it shall have endorsed thereon, or be accompanied by a certificate
of, the approval of the Illinois Housing Development Authority to the
filing thereof.
If the Secretary of State finds that such statement is in conformity
with the provisions of this act, he shall endorse thereon the word "filed,"
followed by the month, day and year of such filing. Upon such filing the
corporation shall be deemed fully organized and may proceed to business.
The Secretary of State shall also issue articles of incorporation to the
incorporators, making a part of such articles a copy of all papers filed in
his office, using for that purpose duplicate copies, if any, filed therein,
authenticated under his signature and seal of the State. A
copy of such articles
of incorporation shall be prepared and filed by the Secretary of State in
his office.
(Source: P.A. 84-550.)
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(310 ILCS 5/6) (from Ch. 67 1/2, par. 156)
Sec. 6.
Every corporation organized under this Act shall, subject to the
conditions and limitations prescribed by this Act, have the following
rights, powers and privileges:
(1) To have succession by its corporate name for the | ||
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(2) To sue and be sued in its corporate name.
(3) To have and use a common seal and alter the same | ||
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(4) In the case of corporations formed on a | ||
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(5) To acquire, own, use, convey and otherwise | ||
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(6) To own, purchase or otherwise acquire, whether in | ||
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(7) To borrow money at such rate of interest, as the | ||
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(8) To elect officers, appoint agents, define their | ||
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(9) Subject to the provisions of this Act, to acquire | ||
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(10) To make by-laws not inconsistent with the laws | ||
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(11) To conduct business in this State, subject to | ||
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(12) To cease doing business and to surrender its | ||
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(13) To have and exercise all the powers necessary | ||
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(Source: P.A. 76-1176.)
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(310 ILCS 5/6.5) Sec. 6.5. Eminent domain. Notwithstanding any other provision of this Act, any power granted under this Act to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.) |
(310 ILCS 5/7) (from Ch. 67 1/2, par. 157)
Sec. 7.
No housing corporation shall:
(1) Acquire any real property or interest therein unless it shall first
have obtained a certificate from the Illinois Housing Development Authority
that such acquisition is necessary or convenient for the public purpose
defined by this Act.
(2) Sell, transfer, or assign any real property except upon the written
consent of the Illinois Housing Development Authority, except as provided
in Section 26 of this Act. Except as otherwise provided in Section 26, no
real property acquired for housing purposes under this Act shall be sold,
transferred or assigned within a period of 10 years after its
acquisition,
except to another housing corporation, a not-for-profit corporation or a
federal, State or local governmental agency.
(3) In the case of corporations formed on a limited-dividend basis, pay
dividends upon its stock, at a higher rate than 6% per
annum.
(4) Issue its stock, securities or obligations in an amount greater in
the aggregate than the total actual final cost, as determined by the
Illinois Housing Development Authority, of the lands and improvements
acquired or constructed by it, plus an allowance for working capital
approved by the Illinois Housing Development Authority.
(5) Mortgage any real property without first having obtained the
approval of the Illinois Housing Development Authority.
(6) Issue any securities or evidences of indebtedness without first
having obtained the approval of the Illinois Housing Development Authority.
(7) Use any building erected or acquired by it for any purpose other
than housing accommodation, except for stores, offices or community
facilities appurtenant and incidental to housing accommodations, to the
extent approved by the Illinois Housing Development Authority.
(8) Charge or accept any rental for housing accommodations in any
building constructed, acquired, operated or managed by it in excess of the
rates prescribed by the Illinois Housing Development Authority.
(9) Enter into contracts for the construction of buildings or for the
payment of salaries to officers or employees, or for the purchase of
materials, equipment or supplies, except subject to the inspection and
revision of the Illinois Housing Development Authority, and under such
regulations as the Illinois Housing Development Authority may from time to
time prescribe.
No housing corporation or contractor employed thereby shall deny
employment to any person on account of race, creed, color, sex or national
origin.
(10) Make any guaranty without the approval of the Illinois Housing
Development Authority.
(11) Voluntarily dissolve without first having obtained the consent of
the Illinois Housing Development Authority.
(Source: P.A. 91-357, eff. 7-29-99.)
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(310 ILCS 5/8) (from Ch. 67 1/2, par. 158)
Sec. 8.
The name of every housing corporation organized pursuant to the
provisions of this Act shall include the word "housing".
(Source: P.A. 90-575, eff. 3-20-98.)
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(310 ILCS 5/9) (from Ch. 67 1/2, par. 159)
Sec. 9.
No statement of the issuance of additional stock of a housing
corporation shall be filed by the Secretary of State unless it shall have
endorsed thereon, or be accompanied by a certificate of, the approval of
the Illinois Housing Development Authority.
(Source: P.A. 76-1176.)
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(310 ILCS 5/10) (from Ch. 67 1/2, par. 160)
Sec. 10.
No certificate of increase or decrease of capital stock of a
housing corporation shall be filed by the Secretary of State unless it
shall have endorsed thereon, or be accompanied by a certificate of, the
approval of the Illinois Housing Development Authority.
(Source: P.A. 76-1176.)
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(310 ILCS 5/11) (from Ch. 67 1/2, par. 161)
Sec. 11.
No statement of amendment to the articles of incorporation of a
housing corporation shall be filed by the Secretary of State unless it
shall have endorsed thereon, or be accompanied by a certificate of the
approval of the Illinois Housing Development Authority.
(Source: P.A. 76-1176.)
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(310 ILCS 5/12) (from Ch. 67 1/2, par. 162)
Sec. 12.
Merger, consolidation or reorganization of housing
corporations shall be subject to the control and supervision of the
Illinois Housing Development Authority. The amount of stock, securities
and obligations to be issued by the merged, consolidated or reorganized
corporation shall be approved by the Illinois Housing Development
Authority, and shall not exceed the fair value of the assets as
determined by the Illinois Housing Development Authority.
No statement of merger or consolidation of a housing corporation
shall be filed by the Secretary of State unless it shall have endorsed
thereon, or be accompanied by a certificate of, the approval of the
Illinois Housing Development Authority.
(Source: P.A. 80-1495.)
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(310 ILCS 5/13) (from Ch. 67 1/2, par. 163)
Sec. 13.
No housing corporation shall proceed to dissolution except upon
the approval of the Illinois Housing Development Authority, and the
distribution of assets in dissolution shall be subject to the control and
supervision of the Illinois Housing Development Authority. No articles
of dissolution shall be filed by the Secretary of State unless it shall
have endorsed thereon or be accompanied by a certificate of the approval of
the Illinois Housing Development Authority.
(Source: P.A. 96-66, eff. 1-1-10.)
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(310 ILCS 5/14) (from Ch. 67 1/2, par. 164)
Sec. 14.
No holder of stock or other security in a housing corporation
shall receive any dividend or interest in any one year in excess of six per
cent per annum upon the par value of the stock or security held by him,
except to the extent to which dividends or interest payments may have been
omitted in a previous year or years.
(Source: P.A. 76-1176.)
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(310 ILCS 5/15) (from Ch. 67 1/2, par. 165)
Sec. 15.
Housing corporations organized on a not-for-profit basis shall pay
to the Secretary of State the fee for filing articles of incorporation and
all other fees so specified in the General Not For Profit Corporation Act of 1986,
as heretofore and hereafter amended. Housing
corporations organized on a limited-dividend basis shall pay to the
Secretary of State the fee for filing articles of incorporation and all
other fees as specified in the "Business Corporation Act of
1983", as amended.
(Source: P.A. 96-66, eff. 1-1-10.)
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(310 ILCS 5/16) (from Ch. 67 1/2, par. 166)
Sec. 16.
Housing corporations organized on a not-for-profit basis shall
have the rights, privileges and immunities of, and shall be subject to the
provisions of, the General Not For Profit Corporation Act of 1986, as heretofore and hereafter amended, in so far as such provisions
are not inconsistent with the provisions of this Act. Housing corporations
organized on a limited-dividend basis shall have the rights, privileges and
immunities of, and shall be subject to the provisions of, the "Business
Corporation Act of 1983", as heretofore and hereafter amended,
in so far as such provisions are not inconsistent with the provisions of
this Act.
(Source: P.A. 96-66, eff. 1-1-10.)
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(310 ILCS 5/21) (from Ch. 67 1/2, par. 171)
Sec. 21.
(Repealed).
(Source: Repealed by P.A. 89-262, eff. 8-10-95.)
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(310 ILCS 5/22) (from Ch. 67 1/2, par. 172)
Sec. 22.
The Illinois Housing Development Authority shall have general
supervision of all housing corporations and shall have power to investigate
into the affairs of such corporations, and into the dealings, transactions
and relationships of such corporations with third persons. Any
investigation provided for by this act may be conducted by the Illinois
Housing Development Authority, or, on the direction of the Illinois Housing
Development Authority, by any member, officer or employee thereof. The
Illinois Housing Development Authority, and any member, officer or employee
thereof so designated, shall have power to administer oaths, to take
affidavits, to subpoena and require the attendance of witnesses and the
production of books and papers of such corporations or third persons
pertaining to the investigations authorized by this act, and to examine
such witnesses, books and papers in relation to any matter which the
Illinois Housing Development Authority has the power to investigate; to
issue commissions for the examination of witnesses who are without the
state, or are unable to attend before the Illinois Housing Development
Authority or are excused from attendance.
All hearings conducted by the Illinois Housing Development Authority
shall be open to the public, and all evidence presented at hearings held by
the Illinois Housing Development Authority or under its authority shall
become a part of the records of the Illinois Housing Development Authority.
In cases in which the Illinois Housing Development Authority bases any
actions on reports of investigations or inquiries not conducted at
hearings, such reports shall be made a part of the records of the Illinois
Housing Development Authority.
Each member, and each officer and employee of the Illinois Housing
Development Authority authorized thereby, shall have the power to examine
all books, contracts, records, documents and papers of a housing
corporation and by subpoena duces tecum compel the production thereof.
The Illinois Housing Development Authority shall have power to adopt
reasonable and proper rules and regulations relating to the exercise of its
powers and proper rules to govern its proceedings and to regulate the mode
and manner of all investigations, and hearings and to alter and amend the
same.
(Source: P.A. 76-1176.)
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(310 ILCS 5/23) (from Ch. 67 1/2, par. 173)
Sec. 23.
No person shall be excused from testifying or from producing any
papers, books, accounts or documents in any investigation or inquiry or
upon any hearing ordered by the Illinois Housing Development Authority when
ordered to do so by the Illinois Housing Development Authority or by any
member, officer, or employee of the Illinois Housing Development Authority,
upon the ground that the testimony or evidence, documentary or otherwise,
may tend to incriminate him or subject him to a penalty or forfeiture. But
no person shall be prosecuted or subjected to any penalty or forfeiture,
for or on account of any transaction, matter or thing concerning which he
may testify or produce evidence, documentary or otherwise, before the
Illinois Housing Development Authority or a member, officer or employee
thereof; provided that such immunity shall extend only to a natural person
who in obedience to a subpoena gives testimony under oath or produces
evidence, documentary or otherwise, under oath. No person so testifying
shall be exempt from prosecution and punishment for perjury committed in so
testifying.
(Source: P.A. 76-1176.)
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(310 ILCS 5/24) (from Ch. 67 1/2, par. 174)
Sec. 24.
All subpoenas issued under the terms of this Act may be served
by any person of full age. The fees of witnesses for attendance and travel shall
be the same as fees of witnesses before the circuit courts of this State,
such fees to be paid when the witness is excused from further attendance,
when the witness is subpoenaed at the instance of the Illinois Housing
Development Authority or a member, officer or employee thereof, and the
disbursements made in the payment of such fees shall be audited and paid in
the same manner as are other expenses of the Illinois Housing Development
Authority. Whenever a subpoena is issued at the instance of a party to any
proceeding before the Illinois Housing Development Authority, the Illinois
Housing Development Authority may require that the cost of service thereof
and the fee of witnesses shall be borne by the party at whose instance the
witness is summoned and the Illinois Housing Development Authority shall
have power at its discretion to require a deposit to cover the cost of such
service and witness fee and the payment of the legal witness fee and
mileage to the witness when served with subpoena. A subpoena issued so
shall be served in the same manner as a subpoena issued out of a
court.
Any person who shall be served with a subpoena to appear and testify or
to produce books, papers, accounts or documents issued by the Illinois
Housing Development Authority or any member or officer thereof in the
course of an inquiry, investigation or hearing conducted under any of the
provisions of this Act and who shall refuse or neglect to appear or to
testify or to produce books, papers, accounts and documents relevant to
the inquiry, investigation or hearing as commanded in such
subpoena, shall be guilty of a Class A misdemeanor.
Any Circuit Court of this State, upon application
of the Illinois Housing Development Authority or a member, officer or
employee thereof, may, in his discretion, compel the attendance of
witnesses, the production of books, papers, accounts and documents and the
giving of testimony before the Illinois Housing Development Authority, or a
member, officer or employee thereof, by an attachment for contempt or
otherwise, in the same manner as production of evidence may be compelled
before such court.
(Source: P.A. 83-334.)
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(310 ILCS 5/25) (from Ch. 67 1/2, par. 175)
Sec. 25.
Consolidation; 2 or more projects.
The Illinois Housing
Development Authority may permit the consolidation of 2 or more
approved projects or the extension or
amendment of any approved project or the consolidation of any approved
project with a proposed project. In any of these events, the consolidated
project shall be treated as an original project and an application shall be
submitted as in the case of an original project and rents may be averaged
throughout the consolidated or extended project. The Illinois Housing
Development Authority may likewise permit any housing corporation to
organize and operate more than one project or to take over any project
heretofore approved by the Illinois Housing Development Authority and to
operate it independently of other projects of the corporation. The Illinois
Housing Development Authority may decline to permit more than one project
to be operated by the same housing corporation.
(Source: P.A. 91-357, eff. 7-29-99.)
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(310 ILCS 5/26) (from Ch. 67 1/2, par. 176)
Sec. 26.
No housing corporation shall acquire title to any real property nor
undertake any building construction without the approval of the Illinois
Housing Development Authority. The Illinois Housing Development Authority
shall approve the proposed acquisition or construction only upon the
following conditions:
(a) That the project is within an area within which, under the
conditions existing at the time, housing accommodations are not being
provided through the ordinary operation of private enterprise to conform
with reasonable standards of health, sanitation and safety, to rent at or
below the average rentals for housing accommodations in the proposed
project, and in such determination by the Illinois Housing Development
Authority, an area of at least one-half mile in radius shall be considered;
and that such acquisition or construction is necessary or convenient for
the public purposes defined in this Act.
(b) That there has been presented to the Illinois Housing Development
Authority in such form and with such assurance as it may prescribe, a
financial plan for the provision of the cost of the lands and improvements
such as shall assure the successful completion and operation of the
project.
(c) That it appears practicable to rent the proposed housing
accommodations at prices such that for the entire project the average shall
not exceed the maximum prices prescribed by the Illinois Housing
Development Authority.
(d) That the estimated costs of the project shall be proper; and the
plans and specifications of the proposed construction shall conform to
reasonable standards of health, sanitation, safety and provisions for light
and air.
The plans and specifications mentioned in the preceding paragraph shall
be submitted to the city plan commission, if such there be, of the city,
village or incorporated town in which the housing project is located. Such
commission shall return the plans and specifications to the Illinois
Housing Development Authority within 15 days after their receipt by the
commission, together with such statements and recommendations as the
commission may desire to make. It shall be within the discretion of the
Illinois Housing Development Authority to adopt or to reject any or all of
such recommendations.
Projects presented to the Illinois Housing Development Authority may
include the acquisition of property for the purpose of modernizing or
rehabilitating single or multiple dwellings or remodeling or altering other
existing buildings into dwellings, or may be devoted solely to such
modernization or rehabilitation.
Every project in whole or in part for the acquisition of land or other
property for the modernization, rehabilitation or construction of single
family dwellings shall contain a plan for the sale of such houses to the
tenants or other purchasers, and such sale may at any time be authorized by
the Illinois Housing Development Authority in conformity with a plan of
sale which has been approved by such Illinois Housing Development
Authority. Changes in such a plan may be made in the manner provided by
this Act for a change of rentals.
As a condition of its approval, the Illinois Housing Development
Authority may require the acceptance by a housing corporation of the
designation by the Illinois Housing Development Authority of a banking
corporation authorized to administer trusts to act as trustee in receiving
the proceeds of obligations and securities sold by a housing corporation to
meet the cost of a project, and in making payment therefrom for the
acquisition of land or costs of improvements included in the project or to
the housing corporation only upon a voucher or order of the housing
corporation countersigned by the duly designated agent of the Illinois
Housing Development Authority.
The Illinois Housing Development Authority shall hold a public hearing
upon each proposed project and 10 days' notice of the time and place and
purpose of such hearing shall be published in a newspaper of general
circulation in the city, town or village in which the proposed project is
situated. If the proposed project is not situated in a city, town or
village, such publication shall be in a newspaper of general circulation in
the township or county. Such notice shall specify the character of the
interests, rights or estates in real property sought to be acquired in
connection with such project. Upon approving any project the Illinois
Housing Development Authority shall make and enter upon its records a
finding based upon the facts inquired into, that the proposed project is in
the public interest and is necessary for the public use, and shall enter an
order thereon and shall issue to the housing corporation a certificate that
the acquisition of real property required for such project is necessary and
convenient for the public purposes defined by this Act. Unless the power
conferred by such order is exercised within a period of 2 years after the
entry thereof, or within 2 years after final action by the court or courts
thereon, under the terms of this section, such order shall be null and
void.
Upon subsequent application of the housing corporation which made the
original application with respect to such project and upon notice and
hearing as provided in the preceding paragraph, such order may be altered
or modified by the Illinois Housing Development Authority.
In all cases in which a project is approved by the Illinois Housing
Development Authority over the objection, filed in writing of, any of the
owners of the real property which must be acquired by purchase,
condemnation or otherwise, in order to carry out such project, or over the
objection filed in writing of the owners of 10 per cent of the real
property within one mile of such project but not included therein, or of
any municipal or public corporation affected thereby, the Illinois Housing
Development Authority shall, within 20 days after such approval, file in
the office of the clerk of the circuit court in the county where such
project is located, an application to the circuit court for
the confirmation of its approval. Such application shall contain copies of
the finding and order of the Illinois Housing Development Authority, a
transcript of the testimony taken at the hearing, a description of the
project, a statement of its location, and the reasons for its approval by
the Illinois Housing Development Authority, and shall specifically indicate
any streets, alleys or other public spaces proposed to be vacated. Notice
in writing of such application shall be served on all objectors 10 days
before the hearing thereof, specifying the date and place of hearing. The
objectors or any one or more of them may, if they see fit, file with the
clerk of the circuit court on or before the day designated in such notice,
objections to the confirmation of such project and the same shall be
considered by the circuit court in connection with the granting
or refusal of confirmation.
The court shall examine such application and the objections
thereto, and hear such additional evidence as may be presented thereon.
If, after such examination and hearing, the court finds that
such approval should be confirmed, the court shall mark the application
"approved" and shall enter an order of record to that effect. Otherwise
the court shall mark the application "not approved" and enter
an order to that effect.
Any party to the proceeding may appeal as in other civil cases.
(Source: P.A. 83-334.)
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(310 ILCS 5/27) (from Ch. 67 1/2, par. 177)
Sec. 27.
In addition to the duties otherwise prescribed by this act, the
Illinois Housing Development Authority shall:
(a) Either through its members or agents duly authorized by it, enter in
or upon and inspect the lands, property, equipment, buildings, plants and
offices of a housing corporation and make personal inspection of all places
to which their duties relate. Nothing in this act shall be construed to
alter the provisions of the statutes of this state prescribing the
qualifications of persons authorized by law to plan and supervise the
construction, enlargement or alteration of buildings.
(b) Order repairs to buildings owned or operated by a housing
corporation which are necessary to protect the health and safety of the
occupants thereof, or to protect the security of the investment.
(c) Order every housing corporation to do such acts as may be necessary
to comply with the provisions of law, the rules and regulations adopted by
the Illinois Housing Development Authority, or the terms of any
application, contract or agreement approved by the Illinois Housing
Development Authority; or to refrain from doing any acts in violation
thereof.
(d) Examine every housing corporation and keep informed as to its
general condition, capitalization, and the manner in which its property is
constructed, leased, operated, or managed, in order to insure compliance
with all provisions of law and with the orders and regulations of the
Illinois Housing Development Authority.
(e) Prescribe uniform forms and methods of keeping accounts, records and
books for such corporations, and prescribe accounts to which particular
outlays and receipts shall be entered, charged or credited.
(f) Require every housing corporation to file with the Illinois Housing
Development Authority annually or oftener, at such times and for such
period as may be prescribed by the Illinois Housing Development Authority,
reports containing such information and in such form as the Illinois
Housing Development Authority may prescribe, to be verified by the oath of
an executive officer, manager or receiver, if any, of the corporation.
Every housing corporation shall furnish to the Illinois Housing Development
Authority all information required by it to carry into effect the
provisions of this act, and shall make specific answer to all questions
submitted by the Illinois Housing Development Authority.
(g) Supervise the operation of each completed project of a housing
corporation, in order to enforce the provisions of this act and to protect
the health and safety of the occupants; to protect the security of the
investment; and to prescribe rules and regulations as to the leasing of
apartments therein.
(h) From time to time make, amend and repeal rules and regulations for
carrying into effect the provisions of this act.
(Source: P.A. 76-1176.)
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(310 ILCS 5/28) (from Ch. 67 1/2, par. 178)
Sec. 28.
Whenever in the judgment of the Illinois Housing Development
Authority a housing corporation fails or omits, or is about to fail or omit
to do anything required of it by law or by order of the Illinois Housing
Development Authority, or does or is about to do, or permits or is about to
permit to be done anything contrary to or in violation of law or any order
of the Illinois Housing Development Authority, or anything which is
improvident or prejudicial to the interests of the public, its tenants,
lienholders, mortgagees, creditors, or the holders of its securities or
obligations, the Illinois Housing Development Authority shall commence an
action or proceeding in the Circuit Court of the county in which the
premises are situated or in which the principal offices of the corporation
are located for the purpose of stopping such act or omission, or preventing
such threatened act or omission, either by mandamus or injunction.
(Source: P.A. 76-1176.)
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(310 ILCS 5/29) (from Ch. 67 1/2, par. 179)
Sec. 29.
Appeals from final orders in an action brought pursuant to Section 28 may be taken
as in other civil cases.
(Source: P.A. 79-1362.)
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(310 ILCS 5/30) (from Ch. 67 1/2, par. 180)
Sec. 30.
For the housing accommodations in each project operated by a
housing corporation, the Illinois Housing Development Authority shall
prescribe and may alter a schedule of maximum rents. A hearing for the
purpose of prescribing or altering such rents may be had upon motion of the
Illinois Housing Development Authority or upon application of any party in
interest. An order prescribing or altering schedules of rents shall be made
only after public hearing, ten days' notice of the time and place of which
shall be published in a newspaper of general circulation in the city, town
or village in which the premises are located. Such rents shall be
calculated to provide, together with all other income of the housing
corporation, an income to the housing corporation sufficient to meet the
following charges:
(a) All fixed charges, and all operating and maintenance charges and
expenses, including taxes, special assessments, insurance premiums, fees
paid to the Illinois Housing Development Authority for the amortization of
indebtedness secured by mortgage upon the project, reserves and corporate
expenses essential to the operation and management of the project, and
depreciation reserves, if any.
(b) A dividend at a rate not exceeding the maximum permitted by this Act
upon the capital stock of the housing corporation allocated by the Illinois
Housing Development Authority to the specific project. The amount of
capital so allocated shall in no case exceed the final cost of the project
plus the working capital authorized by the Illinois Housing Development
Authority, after deducting the obligations of the corporation secured by
liens upon the project and certificates of indebtedness or other
securities, the proceeds of which have been applied to the cost of the
project.
(c) Such amounts as may be approved by the Illinois Housing Development
Authority as a reserve for the retirement of the securities and obligations
of the corporation not secured by mortgage.
(d) Amounts approved by the Illinois Housing Development Authority to be
carried to surplus. Such surplus shall not exceed 25 per centum of the
outstanding capital stock, securities and obligations of the housing
corporation not secured by mortgage, allocated by the Illinois Housing
Development Authority to the project aforesaid.
In cases where tenants of the project own stock, securities or
obligations of the corporation not secured by mortgage, the Illinois
Housing Development Authority may establish regulations for the creation of
a reserve for the purchase, at not more than their face value plus accrued
interest or dividends, of such securities or obligations held by tenants
ceasing to be occupants of the premises, and securities or obligations so
purchased may be resold by the corporation.
(Source: P.A. 76-1176.)
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(310 ILCS 5/31) (from Ch. 67 1/2, par. 181)
Sec. 31.
Whenever it shall appear that the interest of the lienholders,
mortgagees, creditors, or holders of the stock or other securities or
obligations of a housing corporation cannot otherwise be adequately
safeguarded, the Illinois Housing Development Authority shall have power,
upon written application of a housing corporation or of a lienholder,
mortgagee, creditor, or of the holders of at least 10 per cent of stock or
other securities or obligations of the corporation, to make an order
authorizing the corporation to increase rentals beyond the maximum
previously prescribed, as follows:
(a) If the application is made before the occupancy of any housing
accommodations in the project, such order shall be made after public
hearing, 10 days' notice of the time, place and purpose of which shall be
published in a newspaper of general circulation in the city, town or
village in which the premises are situated. If it shall appear at such
hearing that owing to causes beyond the control of the corporation or
contingencies which could not reasonably have been anticipated the maximum
rentals previously prescribed, together with the other income of the
corporations, are insufficient to meet the charges specified in section 30
of this Act, and it shall further appear that such insufficiency cannot
be met by reasonable economies in the management and operation of the
project, the Illinois Housing Development Authority may so certify by order
and authorize an increase of rentals only to the extent necessary to meet
such charges.
(b) If the application is made after the occupancy of any of the housing
accommodations in the project, such order shall be made only after public
hearing. Ten days' written notice of the time, place and purpose of such
hearing shall be served upon the tenants in the manner prescribed by the
Illinois Housing Development Authority and shall have annexed thereto a
copy of the application for increase in rents, setting forth a schedule of
the proposed increased rentals. Ten days' notice of the time, place and
purpose of the hearing shall also be published in a newspaper of general
circulation in the city, town or village in which the premises are
situated. If, upon such hearing, it shall appear that by virtue of changes
in economic conditions affecting the project or by virtue of additional
special assessments or causes beyond the control of the corporation, or
contingencies which could not reasonably have been anticipated, the maximum
rents previously prescribed, together with the other income of the
corporation, are insufficient to meet the charges specified in section 30
of this Act and it shall further appear that such insufficiency cannot be
met by reasonable economies in the management and operation of the project,
the Illinois Housing Development Authority shall so certify and may by
order authorize an increase in rents only to the extent necessary to meet
such charges.
At the conclusion of each hearing the Illinois Housing Development
Authority shall make and render findings concerning the matter inquired
into, and enter its order based thereon. Every order granting or refusing
an increase in rents shall be at once filed with the secretary of the
Illinois Housing Development Authority, and served upon every person or
corporation to be affected thereby, either by personal delivery of a
certified copy thereof or by mailing in the United States mail a certified
copy thereof in a sealed package with postage prepaid, to the person to be
affected thereby, or in the case of a corporation, to an officer or agent
thereof upon whom a summons may be served in a civil action.
(Source: P.A. 77-1698.)
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(310 ILCS 5/32) (from Ch. 67 1/2, par. 182)
Sec. 32.
Any person affected by a final administrative decision of the
Illinois
Housing Development Authority granting or refusing an application for
increase in rentals pursuant to section 31 of this Act or by any other
final administrative decision of the Illinois Housing Development Authority
may have a judicial review thereof in the Circuit Court of the county in
which the premises are situated. The provisions of the Administrative Review
Law, as now or hereafter amended and the rules adopted pursuant
thereto, shall apply to and govern all proceedings for the judicial review
of final administrative decisions of the Illinois Housing Development
Authority hereunder. The term "administrative decision" is defined as in
Section 3-101 of the Code of Civil Procedure.
Except as otherwise provided by Section 26 of this Act, the provisions
of this section with respect to judicial review shall apply to all final
administrative decisions of the Illinois Housing Development Authority,
which shall in all cases be based upon findings concerning the matter
inquired into, and all parties affected by any of such orders or decisions
shall have the rights herein granted.
When no review of a final administrative decision of the Illinois
Housing Development Authority is sought as herein provided, parties
affected by such order or decision shall be deemed to have waived the right
to have the merits of the controversy reviewed by a court and there shall
be no trial of the merits of any controversy in which such order or
decision was made by any court to which application may be made
to enforce the same or in any other judicial proceeding.
(Source: P.A. 83-346.)
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(310 ILCS 5/33) (from Ch. 67 1/2, par. 183)
Sec. 33.
Appeals from final orders of the circuit court in review of a final administrative
decision of the Illinois Housing Development Authority may be taken as in other
civil cases.
(Source: P.A. 79-1362.)
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(310 ILCS 5/34) (from Ch. 67 1/2, par. 184)
Sec. 34.
Any action, proceeding, or appeal in any court arising under the
provisions of this Act, or to which the Illinois Housing Development
Authority is a party, shall have priority in hearing and determination over
all other proceedings pending in such court, excepting election contests.
(Source: P.A. 76-1176.)
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(310 ILCS 5/35) (from Ch. 67 1/2, par. 185)
Sec. 35.
If in any fiscal year the gross receipts of a housing corporation
from any project shall exceed an amount sufficient to meet the charges with
reference to that project specified in Section 30 of this Act, the
balance shall be applied to the pro rata reduction of rentals of housing
accommodations in the project, unless the directors of the corporation with
the approval of the Illinois Housing Development Authority shall deem such
balance too small for effective application to that purpose.
(Source: P.A. 76-1176.)
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(310 ILCS 5/36) (from Ch. 67 1/2, par. 186)
Sec. 36.
Letting, sub-letting or assignment of leases of apartments in any
building owned by or operated by a housing corporation at a greater rental
than prescribed by order of the Illinois Housing Development Authority are
prohibited, and all such leases, subleases or assignments shall be void for
all purposes.
(Source: P.A. 76-1176.)
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(310 ILCS 5/37) (from Ch. 67 1/2, par. 187)
Sec. 37.
The Illinois Housing Development Authority shall not approve the
use of land or the erection or use of buildings by a housing corporation in
contravention of any zoning or building ordinance or officially adopted
plan of the political subdivision of the state in which such land or
building lies.
(Source: P.A. 76-1176.)
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(310 ILCS 5/38) (from Ch. 67 1/2, par. 188)
Sec. 38. The acquisition by eminent domain of real property or any interest
therein by a housing corporation shall be in the manner provided for the
exercise of the right of eminent
domain under the Eminent Domain Act.
Such acquisition by eminent domain shall be limited to the interests,
rights or estates, the character of which is specified in the notice of
hearing under Section 26, and to the areas of projects authorized in
accordance with Section 26 of this Act; and it may be exercised only by the
housing corporation authorized to acquire and construct such project.
The power of eminent domain shall not be exercised by a housing
corporation except with specific authorization of such action by the
Illinois Housing Development Authority following the acquirement either by
purchase or by duly authenticated option to purchase by such corporation of
at least one-half of the net land area needed for such housing project.
Upon the filing of any petition of a housing corporation
in the exercise
of the power of eminent domain conferred by this Act, the court shall
require a bond, with sufficient surety, in such an amount as the court
shall determine, conditioned for the payment by the petitioner of all
costs, expenses and reasonable attorney's fees paid or incurred by the
defendant or defendants in case the petitioner shall dismiss its petition
before the entry of an order by the court authorizing the
petitioner to
enter upon and use the property or in case the petitioner
shall fail to
make payment of full compensation within the time named in such order.
(Source: P.A. 94-1055, eff. 1-1-07.)
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(310 ILCS 5/39) (from Ch. 67 1/2, par. 189)
Sec. 39.
The Illinois Housing Development Authority may charge and collect
from a housing corporation reasonable fees in accordance with rates to be
established by the rules of the Illinois Housing Development Authority for
the examination of plans and specifications and the inspection of buildings
during construction, an amount not to exceed one-half of one per cent of
the cost of the project; for the holding of a public hearing upon
application of a housing corporation, an amount sufficient to meet the
reasonable costs of advertising the notice thereof and of the transcript of
testimony taken thereat; for any other examination or investigation made
upon application of a housing corporation, an amount reasonably calculated
to meet the expenses of the Illinois Housing Development Authority incurred
in connection therewith. The Illinois Housing Development Authority may
authorize a housing corporation to include such fees as part of the cost of
a project, or as part of the charges specified in Section 30 of this Act,
pursuant to rules to be established by the Illinois Housing Development
Authority.
(Source: P.A. 76-1176.)
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(310 ILCS 5/40) (from Ch. 67 1/2, par. 190)
Sec. 40. As used in this Act:
"Department" shall mean the Department of Commerce and Economic Opportunity.
"Illinois Housing Development Authority" shall mean the Illinois
Housing Development Authority created by the Illinois Housing
Development Act of 1967, as amended.
"Community facilities" shall include land, buildings and equipment
for recreation, for social assembly, for education or health or welfare
activities, for the use primarily of tenants of housing accommodations
of a housing corporation.
"Cost" of land shall include all of the following items paid by a
housing corporation in connection with the acquisition thereof when
approved by the Illinois Housing Development Authority; all amounts paid
to the vendor on account of the purchase price, whether in cash,
securities or property; the unpaid balance of any obligation secured by
mortgage remaining upon the premises or created in connection with the
acquisition; all accounts paid for surveys, examination and insurance of
title; attorneys' fees; brokerage; all awards paid in condemnation and
court costs and fees; all documentary and stamp taxes and filing and
recording fees and fees of the Illinois Housing Development Authority
and other expenses of acquisition approved by the Illinois Housing
Development Authority; and shall also include all special assessments
for benefit upon the premises approved by the Illinois Housing
Development Authority whether levied before or after the acquisition.
"Cost" of buildings and improvements, shall include all of the
following items when approved by the Illinois Housing Development
Authority; all amounts, whether in cash, securities or property, paid
for labor and materials for site preparation and construction, for
contractors' and architects' and engineers' fees, for fees or permits of
any municipality, for workers' compensation, liability, fire and other
casualty insurance, for charges of financing and supervision, for
property taxes during construction and for interest upon borrowed and
invested capital during construction, for fees of the Illinois Housing
Development Authority, and other expenses of construction approved by
the Illinois Housing Development Authority.
"Person" shall be deemed to include firm, association, trust or
corporation.
"Project" shall mean all lands, buildings and improvements acquired,
owned, managed, or operated by a housing corporation designed to provide
housing accommodations and community facilities, stores and offices
appurtenant or incidental thereto, which are planned as a unit, whether
or not acquired or constructed at one time, and which ordinarily are
contiguous or adjacent to one another. The buildings need not be
contiguous or adjacent to one another, and a project may be entirely
composed of either single or multiple dwellings.
(Source: P.A. 94-793, eff. 5-19-06.)
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(310 ILCS 5/41) (from Ch. 67 1/2, par. 191)
Sec. 41.
If any Section, subdivision, sentence or clause of this Act is for
any reason held invalid or unconstitutional, such decision shall not affect
the validity of the remaining portions of this Act.
(Source: Laws 1933, p. 396.)
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(310 ILCS 5/42)
Sec. 42. (Repealed).
(Source: P.A. 81-1509. Repealed by P.A. 100-621, eff. 7-20-18.)
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(310 ILCS 5/43)
Sec. 43. (Repealed).
(Source: P.A. 81-1509. Repealed by P.A. 100-621, eff. 7-20-18.)
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(310 ILCS 5/44)
Sec. 44. (Repealed).
(Source: P.A. 81-1509. Repealed by P.A. 100-621, eff. 7-20-18.)
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(310 ILCS 5/45) (from Ch. 67 1/2, par. 195)
Sec. 45.
In addition to the powers elsewhere conferred by this Act,
the Department shall have the further powers
of supervision over housing authorities provided in Section 27 of this
Act with reference to housing corporations; except with reference to any
project financed in whole or in part by the Federal government or any
agency or instrumentality thereof so long as such project is supervised
or controlled by the Federal government or any agency or instrumentality
thereof or designee or nominee thereof.
(Source: P.A. 81-1509.)
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(310 ILCS 5/46) (from Ch. 67 1/2, par. 196)
Sec. 46.
(Repealed).
(Source: P.A. 90-372, eff. 7-1-98. Repealed internally, eff. 7-1-98.)
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(310 ILCS 5/46.1) (from Ch. 67 1/2, par. 196.1)
Sec. 46.1.
(Repealed).
(Source: P.A. 90-372, eff. 7-1-98. Repealed internally, eff. 7-1-98.)
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(310 ILCS 5/47) (from Ch. 67 1/2, par. 197)
Sec. 47.
(a) The Chairman of the County Board of
each county, other than a home rule county, in which a county or
municipal housing authority has been established, shall cause to be
formed an Advisory Committee for the assignment of housing in
low-income projects.
(b) The Advisory Committee required by this Section
shall consist of:
(1) the Chairman of the County Board as chairman of | ||
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(2) in any county which has formed a county housing | ||
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(3) a member of the city council or of the village | ||
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(4) a representative of the United Fund, Community | ||
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(5) representatives of the area or regional offices | ||
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(6) a representative of the county building | ||
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(7) a representative of the Visiting Nurse | ||
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(8) a representative of each housing authority which | ||
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(c) The Advisory Committee shall meet at least once in
each calendar quarter, and more often as necessary, at the call
of the chairman or of 25% of the members appointed under the
provisions of this Section. A quorum shall consist of a majority
of the appointed members.
(d) The Committee shall prepare a list of those persons
who have been found to be in need of low-income housing by the agencies
and governmental authorities which are represented in the membership
of the committee. The Committee shall place these persons on separate
lists according to the housing authority in which the persons reside,
shall rank them according to priority of need, and shall submit the lists
to the several chief operating officers of the housing authorities within
the county.
(e) Upon receiving the latest list of recommendations from the
Advisory Committee, the chief operating officer of each housing authority
shall take the recommendations into consideration in assigning units of
low-income housing within his jurisdiction.
(Source: P.A. 89-507, eff. 7-1-97.)
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