(310 ILCS 67/20)
Sec. 20. Determination of exempt local governments.
(a) Beginning October 1, 2004, 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.
(b) The Illinois Housing Development Authority shall make this determination by:
(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 metropolitan statistical area; | |
(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 statistical area; | |
(iii) adding the number of for‑sale and rental units |
| for each local government from items (i) and (ii); and | |
(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 government. | |
(c) Beginning October 1, 2004, 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.
(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 appeal under Section 30 of this Act.
(Source: P.A. 93‑595, eff. 1‑1‑04; 93‑678, eff. 6‑28‑04.) |
(310 ILCS 67/25)
Sec. 25.
Affordable housing plan.
(a) Prior to April 1, 2005, all non‑exempt local governments must approve an affordable housing plan. Any local government that is determined by the Illinois Housing Development Authority under Section 20 to be non‑exempt for the first time based on the recalculation of decennial census data after 2010 shall have 18 months from the date of notification of its non‑exempt status to approve an affordable housing plan under this Act.
(b) For the purposes of this Act, the affordable housing plan shall consist of at least the following:
(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; | |
(ii) an identification of lands within the |
| jurisdiction that are most appropriate for the construction of affordable housing and of existing 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 owned; | |
(iii) incentives that local governments may provide |
| for the purpose of attracting affordable housing to their jurisdiction; and | |
(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 Section 20 of this Act; or a minimum of a total of 10% affordable housing within its jurisdiction as described in subsection (b) of Section 20 of this Act. These goals may be met, in whole or in part, through the creation of affordable housing units under intergovernmental agreements as described in subsection (e) of this Section. | |
(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.
(d) In order to promote the goals of this Act and to maximize the creation, establishment, or preservation of affordable housing throughout the State of Illinois, a local government, whether exempt or non‑exempt under this Act, may adopt the following measures to address the need for affordable housing:
(1) Local governments may individually or jointly |
| create or participate in a housing trust fund or otherwise provide funding or support for the purpose of supporting affordable housing, including, without limitation, to support the following affordable housing activities: | |
(A) Housing production, including, without |
| limitation, new construction, rehabilitation, and adaptive re‑use. | |
(B) Acquisition, including, without limitation, |
| land, single‑family homes, multi‑unit buildings, and other existing structures that may be used in whole or in part for residential use. | |
(C) Rental payment assistance.
(D) Home‑ownership purchase assistance.
(E) Preservation of existing affordable housing.
(F) Weatherization.
(G) Emergency repairs.
(H) Housing related support services, including |
| homeownership education and financial counseling. | |
(I) Grants or loans to not‑for‑profit |
| organizations engaged in addressing the affordable housing needs of low‑income and moderate‑income households. | |
Local governments may authorize housing trust funds |
| to accept and utilize funds, property, and other resources from all proper and lawful public and private sources so long as those funds are used solely for addressing the affordable housing needs of individuals or households that may occupy low‑income or moderate‑income housing. | |
(2) A local government may create a community land |
| trust, which may: acquire developed or undeveloped interests in real property and hold them for affordable housing purposes; convey such interests under long‑term leases, including ground leases; convey such interests for affordable housing purposes; and retain an option to reacquire any such real property interests at a price determined by a formula ensuring that such interests may be utilized for affordable housing purposes. | |
(3) A local government may use its zoning powers to |
| require the creation and preservation of affordable housing as authorized under Section 5‑12001 of the Counties Code and Section 11‑13‑1 of the Illinois Municipal Code. | |
(4) A local government may accept donations of money |
| or land for the purpose of addressing the affordable housing needs of individuals or households that may occupy low‑income or moderate‑income housing. These donations may include, without limitation, donations of money or land from persons in lieu of building affordable housing. | |
(e) In order to encourage regional cooperation and the |
| maximum creation of affordable housing in areas lacking such housing in the State of Illinois, any non‑exempt local government may enter into intergovernmental agreements under subsection (e) of Section 25 with local governments within 10 miles of its corporate boundaries in order to create affordable housing units to meet the goals of this Act. A non‑exempt local government may not enter into an intergovernmental agreement, however, with any local government that contains more than 25% affordable housing as determined under Section 20 of this Act. All intergovernmental agreements entered into to create affordable housing units to meet the goals of this Act must also specify the basis for determining how many of the affordable housing units created will be credited to each local government participating in the agreement for purposes of complying with this Act. All intergovernmental agreements entered into to create affordable housing units to meet the goals of this Act must also specify the anticipated number of newly created affordable housing units that are to be credited to each local government participating in the agreement for purposes of complying with this Act. In specifying how many affordable housing units will be credited to each local government, the same affordable housing unit may not be counted by more than one local government. | |
(Source: P.A. 93‑595, eff. 1‑1‑04; 93‑678, eff. 6‑28‑04; 94‑303, eff. 7‑21‑05.) |