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Public Act 093-0678
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| SB2724 Enrolled |
LRB093 19551 AMC 45291 b |
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AN ACT concerning housing.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Affordable Housing Planning and Appeal Act |
is amended by changing Sections 15, 20, and 25 as follows:
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(310 ILCS 67/15)
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Sec. 15. Definitions. As used in this Act:
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"Affordable housing" means housing that has a sales price |
or rental amount
that is within the means of a household that |
may occupy moderate-income or
low-income
housing. In the case |
of dwelling units for sale,
housing that is affordable means |
housing in which mortgage, amortization,
taxes, insurance, and |
condominium or association fees, if any, constitute no
more |
than 30% of the gross annual household income for a household |
of the size
that may occupy the unit. In the case of dwelling |
units for rent, housing that
is affordable means housing for |
which the rent and utilities constitute no more
than 30% of the |
gross annual household income for a household of the size that
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may occupy the unit.
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"Affordable housing developer" means a nonprofit entity, |
limited equity
cooperative or public agency, or private |
individual, firm, corporation, or
other entity
seeking to build |
an affordable housing development.
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"Affordable housing development" means (i) any housing |
that is subsidized by
the federal or State government or (ii) |
any housing in which at least 20% of
the dwelling units are |
subject to covenants or restrictions that require that
the |
dwelling units be sold or rented at prices that preserve them |
as affordable
housing for a period of at least 15 years, in the |
case of for-sale housing, and
at least 30 years, in the case of |
rental housing.
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"Approving authority" means the governing body of the |
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county or municipality. |
"Area median household income" means the median household |
income adjusted for family size for applicable income limit |
areas as determined annually by the federal Department of |
Housing and Urban Development under Section 8 of the United |
States Housing Act of 1937.
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"Development" means any building, construction, |
renovation, or excavation or
any material change in the use or |
appearance of any structure or in the land
itself; the division |
of land into parcels; or any change in the intensity or
use
of |
land, such as an increase in the number of dwelling units in a |
structure or
a change to a commercial use.
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"Exempt local government" means any local government in |
which at least 10% of
its total year-round housing units are |
affordable, as determined by the
Illinois Housing Development |
Authority pursuant to Section 20 of this Act; or
any |
municipality under 1,000 population.
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"Household" means the person or persons occupying a |
dwelling unit.
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"Local government" means a county or municipality.
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"Low-income housing" means housing that is affordable, |
according to the
federal Department of Housing and Urban |
Development, for either home ownership
or rental, and that is |
occupied, reserved, or marketed for occupancy by
households |
with a gross household income that does not exceed 50% of the |
area median
gross household income for households of the same |
size
within the
county in
which the housing is located.
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"Moderate-income housing" means housing that is |
affordable, according to the
federal Department of Housing and |
Urban Development, for either home ownership
or
rental, and |
that is occupied, reserved, or marketed for occupancy by |
households
with a gross household income that is greater than |
50% but does not exceed 80%
of the area median gross household |
income for households of the same size within the
county in |
which the housing is located.
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"Non-appealable local government requirements" means all |
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essential
requirements that protect the public health and |
safety, including any local
building, electrical, fire, or |
plumbing code requirements or those requirements
that
are |
critical to the protection or preservation of the environment.
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(Source: P.A. 93-595, eff. 1-1-04.)
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(310 ILCS 67/20)
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Sec. 20. Determination of exempt local governments.
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(a) Beginning October 1, 2004
January 1, 2006, the Illinois |
Housing Development Authority
shall determine which local |
governments are exempt and not exempt from the
operation of |
this
Act based on an identification of the total number of |
year-round housing units
in the most
recent decennial census |
for each local government within the State and by an
inventory |
of for-sale and rental affordable housing units, as defined in |
this
Act, for each local government from the decennial census |
and other relevant
sources.
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(b) The Illinois Housing Development Authority shall make |
this determination
by:
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(i) totaling the number of for-sale housing units in |
each local government
that are affordable to households |
with a gross household income that is less
than 80% of the |
median household income within the county or primary
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metropolitan statistical area;
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(ii) totaling the number of rental units in each local |
government that are
affordable to households with a gross |
household income that is less than 60% of
the median |
household income within the county or primary metropolitan
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statistical
area;
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(iii) adding the number of for-sale and rental units |
for each local
government from items (i) and (ii); and
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(iv) dividing the sum of (iii) above by the total |
number of year-round
housing units in the local government |
as contained in the latest decennial
census and multiplying |
the result by 100 to determine the percentage of
affordable |
housing units within the jurisdiction of the local |
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government.
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(c) Beginning October 1, 2004
January 1, 2006, the Illinois |
Housing Development Authority
shall publish on an annual basis |
a list of exempt and non-exempt local
governments and the data |
that it
used to calculate its determination. The data shall be |
shown for each local
government in the State and for the State |
as a whole. Upon publishing a list of exempt and non-exempt |
local governments, the Illinois Housing Development Authority |
shall notify a local government that it is not exempt from the |
operation of this Act and provide to it the data used to |
calculate its determination.
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(d) A local government or developer of affordable housing |
may appeal the
determination of the Illinois Housing |
Development Authority as to whether the
local government is |
exempt or non-exempt under this Act in connection with an
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appeal
under Section 30 of this Act.
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(Source: P.A. 93-595, eff. 1-1-04.)
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(310 ILCS 67/25)
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Sec. 25. Affordable housing plan.
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(a) Prior to April 1, 2005
July 1, 2004, all non-exempt |
local governments must approve an
affordable housing plan.
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(b) For the purposes of this Act, the affordable housing |
plan shall consist
of at least the following:
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(i) a statement of the total number of affordable |
housing units that are
necessary to exempt the local |
government from the operation of this Act as
defined in |
Section 15 and Section 20;
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(ii) an identification of lands within the |
jurisdiction that are most
appropriate for the |
construction of affordable housing and of existing
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structures most appropriate for conversion to, or |
rehabilitation for,
affordable housing,
including a |
consideration of lands and structures of developers who |
have
expressed a commitment to provide affordable housing |
and lands and structures
that are publicly or semi-publicly |
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owned;
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(iii) incentives that local governments may provide |
for the purpose of
attracting affordable housing to their |
jurisdiction; and
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(iv) a goal of a minimum of 15% of all new development |
or
redevelopment within the local government that would be |
defined as affordable
housing in this Act; or a minimum of |
a 3 percentage point increase in the
overall percentage of |
affordable housing within its jurisdiction, as
described |
in subsection (b) of
defined in Section 20 of this Act; or |
a minimum of a total of 10% of affordable
housing
within |
its jurisdiction as described in subsection (b) of Section |
20 of this Act.
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(c) Within 60 days after the adoption of an affordable |
housing plan or
revisions to its affordable housing plan, the |
local government must submit a
copy of that plan to the |
Illinois Housing Development Authority.
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(Source: P.A. 93-595, eff. 1-1-04.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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