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| Public Act 102-0283 |
| SB0154 Enrolled | LRB102 10411 KTG 15738 b |
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AN ACT concerning housing. |
Be it enacted by the People of the State of Illinois, |
represented in the General Assembly: |
Section 5. The Illinois Affordable Housing Act is amended |
by changing Sections 3 and 10 and by adding Section 18 as |
follows: |
(310 ILCS 65/3) (from Ch. 67 1/2, par. 1253) |
Sec. 3. Definitions. As used in this Act: |
(a) "Program" means the Illinois Affordable Housing |
Program. |
(b) "Trust Fund" means the Illinois Affordable Housing |
Trust Fund. |
(b-5) "Capital Fund" means the Illinois Affordable Housing |
Capital Fund. |
(c) "Low-income household" means a single person, family |
or unrelated persons living together whose adjusted income is |
more than 50%, but less than 80%, of the median income of the |
area of residence, adjusted for family size, as such adjusted |
income and median income for the area are determined from time |
to time by the United States Department of Housing and Urban |
Development for purposes of Section 8 of the United States |
Housing Act of 1937. |
(d) "Very low-income household" means a single person, |
family or unrelated persons living together whose adjusted |
income is not more than 50% of the median income of the area of |
residence, adjusted for family size, as such adjusted income |
and median income for the area are determined from time to time |
by the United States Department of Housing and Urban |
Development for purposes of Section 8 of the United States |
Housing Act of 1937. |
(e) "Affordable housing" means residential housing that, |
so long as the same is occupied by low-income households or |
very low-income households, requires payment of monthly |
housing costs, including utilities other than telephone, of no |
more than 30% of the maximum allowable income as stated for |
such households as defined in this Section. |
(f) "Multi-family housing" means a building or buildings |
providing housing to 5 or more households. |
(g) "Single-family housing" means a building containing |
one to 4 dwelling units, including a mobile home as defined in |
subsection (b) of Section 3 of the Mobile Home Landlord and |
Tenant Rights Act, as amended. |
(h) "Community-based organization" means a not-for-profit |
entity whose governing body includes a majority of members who |
reside in the community served by the organization. |
(i) "Advocacy organization" means a not-for-profit |
organization which conducts, in part or in whole, activities |
to influence public policy on behalf of low-income or very |
low-income households. |
(j) "Program Administrator" means the Illinois Housing |
Development Authority. |
(k) "Funding Agent" means the Illinois Department of |
Revenue. |
(l) "Commission" means the Affordable Housing Advisory |
Commission. |
(m) "Congregate housing" means a building or structure in |
which 2 or more households, inclusive, share common living |
areas and may share child care, cleaning, cooking and other |
household responsibilities. |
(n) "Eligible applicant" means a proprietorship, |
partnership, for-profit corporation, not-for-profit |
corporation or unit of local government which seeks to use |
fund assets as provided in this Article. |
(o) "Moderate income household" means a single person, |
family or unrelated persons living together whose adjusted |
income is more than 80% but less than 120% of the median income |
of the area of residence, adjusted for family size, as such |
adjusted income and median income for the area are determined |
from time to time by the United States Department of Housing |
and Urban Development for purposes of Section 8 of the United |
States Housing Act of 1937. |
(p) "Affordable Housing Program Trust Fund Bonds or Notes" |
means the bonds or notes issued by the Program Administrator |
under the Illinois Housing Development Act to further the |
purposes of this Act. |
(q) "Trust Fund Moneys" means all moneys, deposits, |
revenues, income, interest, dividends, receipts, taxes, |
proceeds and other amounts or funds deposited or to be |
deposited in the Trust Fund pursuant to Section 5(b) of this |
Act and any proceeds, investments or increase thereof. |
(r) "Program Escrow" means accounts, except those accounts |
relating to any Affordable Housing Program Trust Fund Bonds or |
Notes, designated by the Program Administrator, into which |
Trust Fund Moneys are deposited. |
(s) "Common household pet" means a domesticated animal, |
such as a dog (canis lupus familiaris) or cat (felis catus), |
which is commonly kept in the home for pleasure rather than for |
commercial purposes. |
(Source: P.A. 95-710, eff. 6-1-08.) |
(310 ILCS 65/10) (from Ch. 67 1/2, par. 1260) |
Sec. 10. Trust Fund restrictions and stipulations. (a) All |
housing financed and all assistance provided from the Trust |
Fund shall be available to all eligible persons regardless of |
race, color, ancestry, unfavorable military discharge, |
familial status, marital status, national origin, religion, |
creed, sex, age, or disability. |
(b) There shall be, on all assisted housing, a deed |
restriction, agreement, or other legal document which provides |
for the recapture of assistance upon terms and conditions to |
be specified in rules and regulations promulgated by the |
Program Administrator. |
(c) Loans made by the Trust Fund may be at no interest or |
at below market interest rates, with or without security, and |
may include loans for predevelopment financing. |
(d) Assistance may be provided for housing units for low |
and very low-income households within multi-family housing |
which is occupied partly by low and very low-income households |
and partly by households not qualifying as low or very |
low-income, subject to rules and regulations promulgated by |
the Program Administrator. |
(e) Except to the extent provided in rules and regulations |
promulgated by the Program Administrator, no household shall |
be required to vacate or move from any assisted housing as a |
result of ceasing to qualify as a low or very low-income |
household under this Act. |
(f) Rates not to exceed fair market rental may be charged |
to any person or household which occupies any single family |
housing or unit of multi-family housing for the period that |
person or household does not qualify as low or very |
low-income. |
(g) All housing assisted by the Trust Fund shall provide a |
residential antidisplacement and relocation assistance plan |
consistent with Section 507 of the federal Housing and |
Community Development Act of 1987. |
(h) Multi-family housing assisted by the Trust Fund shall |
be prohibited from refusing to accept tenants for occupancy |
solely because the tenant receives governmental rental |
assistance. |
(i) Trust Fund assisted multi-family housing is prohibited |
from evicting tenants without good cause. |
(j) Assistance may be provided to housing whether or not |
such housing satisfies the definition of a "qualified |
residential rental project" set forth in Section 142 of the |
Internal Revenue Code of 1986, as amended. |
(k) Housing assisted by the Trust Fund shall be required |
to meet energy efficiency standards which shall be established |
by the Program Administrator. Any review for affordability of |
assisted housing must include a review of energy costs. |
(l) Manufactured housing which is manufactured entirely |
within the State shall be given priority over housing |
manufactured in whole or in part outside of the State. |
(m) It is intended that Trust Fund monies not be used to |
supplant existing resources and that the Trust Fund shall be a |
funder of last resort. |
(n) Prior to application of Trust Fund assets to provide |
assistance to affordable housing under this Act, Trust Fund |
assets may be invested in mortgage participation certificates |
representing undivided interests in specified, first-lien |
conventional residential Illinois mortgages which are |
underwritten, insured, guaranteed or purchased by the Federal |
Home Loan Mortgage Corporation. Trust Fund assets may also be |
used in such investments as may be lawful for fiduciaries in |
this State or in such investments which shall reduce the risk |
associated with fluctuations in interest rates or market price |
of investments. |
(o) A tenant of a multifamily rental housing unit that is |
500 square feet or larger and has been acquired, constructed, |
or rehabilitated with any money from the Trust Fund after |
January 1, 2022 and that was designated for affordable housing |
for low and very low-income families shall be allowed to keep |
at least 2 cats or one dog that weighs under 50 pounds |
regardless of breed or height within the tenant's residence in |
accordance with any applicable State laws. This subsection |
does not apply to service animals or service animals in |
training or to any dog that has been deemed a dangerous or |
vicious dog as provided under the Animal Control Act. This |
subsection does not apply to supportive living facilities as |
described in Section 5-5.01a of the Illinois Public Aid Code |
or elderly housing. For purposes of this subsection, "elderly |
housing" means housing that is either: (i) intended for and |
solely occupied by persons age 62 or older; (ii) intended and |
operated for occupancy by at least one person age 55 years or |
older per unit, and at least 80% of the units within the |
elderly housing project are so occupied; or (iii) provided for |
under any State or federal program that the U.S. Department of |
Housing and Urban Development has determined is specifically |
designed and operated to assist elderly persons (as defined in |
the State or federal program). |
(Source: P.A. 89-286, eff. 8-10-95.) |
(310 ILCS 65/18 new) |
Sec. 18. Pets in affordable housing projects. |
(a) The enforcement of policies relating to keeping a pet |
within a residence may include: |
(1) compliance with noise and sanitation standards; |
(2) registration of the common household pet with the |
owner of the residential housing; |
(3) restraint of the common household pet in common |
areas of the residential housing; |
(4) timely removal of common household pet excrement; |
(5) vaccination and sterilization requirements; and |
(6) enforcement of violations of the policy. |
(b) A housing provider shall not be liable for injuries |
caused by an owner's common household pet permitted on the |
housing provider's property, except in cases of willful and |
wanton misconduct. |
(c) Nothing in this Section shall be construed to limit or |
otherwise affect other statutes or laws that require |
reasonable accommodations to be made for an individual with a |
disability who maintains an animal to provide assistance, |
service, or support. Nothing in this Section shall be |
construed to apply to supportive living facilities as |
described in Section 5-5.01a of the Illinois Public Aid Code |
or elderly housing. For purposes of this subsection, "elderly |
housing" means housing that is either: (i) intended for and |
solely occupied by persons age 62 or older; (ii) intended and |
operated for occupancy by at least one person age 55 years or |
older per unit, and at least 80% of the units within the |
elderly housing project are so occupied; or (iii) provided for |
under any State or federal program that the U.S. Department of |
Housing and Urban Development has determined is specifically |
designed and operated to assist elderly persons (as defined in |
the State or federal program). |
Section 95. Applicability. The changes made by this Act |
apply to multifamily rental housing that is acquired, |
constructed, or rehabilitated after January 1, 2022 with money |
from the Illinois Affordable Housing Trust Fund. |
Section 99. Effective date. This Act takes effect on |
January 1, 2022.
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