310 ILCS 75/ Subsidized Housing Joint Occupancy Act.

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310 ILCS 75/1

(310 ILCS 75/1) (from Ch. 67 1/2, par. 1351)

Sec. 1.

Short title.

This Act may be cited as the Subsidized Housing Joint Occupancy Act.

(Source: P.A. 87-243.)

310 ILCS 75/2

    (310 ILCS 75/2) (from Ch. 67 1/2, par. 1352)
    (Text of Section before amendment by P.A. 103-981)
    Sec. 2. Legislative findings. The General Assembly makes the following findings:
        (1) Elderly persons and persons with disabilities

frequently desire to share a residence (i) to maximize the effectiveness of the portion of their often limited incomes that is spent for housing; (ii) for protection; and (iii) for assistance in performing necessary daily tasks of life such as cooking and cleaning.

(2) Many elderly persons and persons with

disabilities desire to live in federally subsidized housing units because of their limited incomes.

(3) Rules of the federal Department of Housing and

Urban Development permit 2 or more unrelated elderly persons or persons with disabilities to occupy the same unit in federally subsidized housing, although local housing authorities frequently do not permit those persons to occupy the same unit.

(4) The State of Illinois should do all it can to

assist its elderly persons and persons with disabilities in maximizing the effectiveness of their incomes and to insure that those citizens are not unnecessarily burdened in accomplishing the daily tasks of life.

(Source: P.A. 99-143, eff. 7-27-15.)

    (Text of Section after amendment by P.A. 103-981)
    Sec. 2. Legislative findings. The General Assembly makes the following findings:
        (1) Elderly persons and persons with disabilities

frequently desire to share a residence (i) to maximize the effectiveness of the portion of their often limited incomes that is spent for housing; (ii) for protection; and (iii) for assistance in performing necessary daily tasks of life such as cooking and cleaning.

(1-5) Elderly parents of adult children with

disabilities frequently desire to share a residence with their adult child with disabilities (i) to maximize the effectiveness of the portion of their often-limited incomes that is spent for housing; (ii) for protection; and (iii) for assistance in performing necessary daily tasks of life such as cooking and cleaning.

(2) Many elderly persons and persons with

disabilities desire to live in federally subsidized housing units because of their limited incomes.

(3) Rules of the federal Department of Housing and

Urban Development permit 2 or more unrelated elderly persons or persons with disabilities to occupy the same unit in federally subsidized housing, although local housing authorities frequently do not permit those persons to occupy the same unit.

(3-5) Rules of the U.S. Department of Housing and

Urban Development do not force persons of different generations or opposite sex to share the same bedroom in federally subsidized housing, although local housing authorities frequently require that living situation based upon the local housing authority's occupancy standards.

(4) The State of Illinois should do all it can to

assist its elderly persons and persons with disabilities in maximizing the effectiveness of their incomes and to insure that those citizens are not unnecessarily burdened in accomplishing the daily tasks of life.

(Source: P.A. 103-981, eff. 1-1-25.)

310 ILCS 75/3

(310 ILCS 75/3) (from Ch. 67 1/2, par. 1353)

Sec. 3. Definitions.

As used in this Act, unless the context clearly
requires otherwise:

"Elderly person" means a person 62 years of age or older.

"Person with a disability" means a person having a physical or mental
impairment that:

(1) is expected to be of long-continued and

indefinite duration,

(2) substantially impedes the person's ability to

live independently, and

(3) is of such a nature that this ability could be

improved by more suitable housing conditions.

"Subsidized housing" means any housing or unit of housing financed by a
loan or mortgage held by the Illinois Housing Development Authority, a
local housing authority, or the federal Department of Housing and Urban
Development ("HUD") under one of the following circumstances:

(1) Insured or held by HUD under Section 221(d)(3) of

the National Housing Act and assisted under Section 101 of the Housing and Urban Development Act of 1965 or Section 8 of the United States Housing Act of 1937.

(2) Insured or held by HUD and bears interest at a

rate determined under the proviso of Section 221(d)(3) of the National Housing Act.

(3) Insured, assisted, or held by HUD under Section

202 or 236 of the National Housing Act.

(4) Insured or held by HUD under Section 514 or 515

of the Housing Act of 1949.

(5) Insured or held by HUD under the United States

Housing Act of 1937.

(6) Held by HUD and formerly insured under a program

listed in paragraph (1), (2), (3), (4), or (5).

(Source: P.A. 99-143, eff. 7-27-15.)

310 ILCS 75/4

    (310 ILCS 75/4) (from Ch. 67 1/2, par. 1354)
    (Text of Section before amendment by P.A. 103-981)
    Sec. 4. Joint occupancy of subsidized housing.

Two elderly
persons or two persons with disabilities who are not related to each other by
blood or marriage shall not be prohibited from jointly occupying
subsidized housing or a unit of subsidized housing solely because
they are not related, provided they have filed a form for such
joint occupation with the clerk of the county in which the
housing they seek to occupy is located and otherwise meet all
other eligibility requirements.  A member of the joint occupancy
may withdraw from the joint occupancy at any time.

(Source: P.A. 99-143, eff. 7-27-15.)

    (Text of Section after amendment by P.A. 103-981)
    Sec. 4. Joint occupancy of subsidized housing.

(a) Two elderly persons or two persons with disabilities who are not related to each other by blood or marriage shall not be prohibited from jointly occupying subsidized housing or a unit of subsidized housing solely because they are not related, provided they have filed a form for such joint occupation with the clerk of the county in which the housing they seek to occupy is located and otherwise meet all other eligibility requirements. A member of the joint occupancy may withdraw from the joint occupancy at any time.

(b) An elderly parent with an adult child with disabilities of the opposite sex shall not be required to occupy subsidized housing with only one bedroom. Exceptions to the largest permissible unit size for subsidized housing shall be made when the elderly parent and adult child with disabilities of the opposite sex otherwise meet all other eligibility requirements.

(Source: P.A. 103-981, eff. 1-1-25.)

310 ILCS 75/5

(310 ILCS 75/5) (from Ch. 67 1/2, par. 1355)

Sec. 5.

This Act takes effect upon becoming law.

(Source: P.A. 87-243.)