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Illinois General Assembly· HB 3616Governor Approved

IHDA-AFFORDABLE HOUSING EXEMPT, the official text

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HB3616 Enrolled                     LRB104 11342 KTG 21430 b

1   AN ACT concerning Housing.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The Affordable Housing Planning and Appeal Act

5 is amended by changing Sections 5 and 20 as follows:

6   (310 ILCS 67/5)

7   Sec. 5. Findings. The legislature finds and declares that:

8      (1) there exists a shortage of affordable, accessible,

9   safe, and sanitary housing in the State;

10     (2) it is imperative that action be taken to assure

11  the availability of workforce and retirement housing; and

12     (3) local governments in the State that do not have

13  sufficient affordable housing are encouraged to assist in

14  providing affordable housing opportunities to assure the

15  health, safety, and welfare of all citizens of the State;

16  .

17     (4) increasing the inventory and affordability of

18  housing choices for people earning between 80% and 140% of

19  the area median income, termed the missing middle, also

20  helps preserve affordable housing, prevents homelessness,

21  and encourages investment in more inclusive, mixed-income

22  communities throughout the State; and

23     (5) studying the inventory and affordability gaps that
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1   affect the missing middle is also crucial to ensuring

2   workforce and retirement housing in the State.

3 (Source: P.A. 93-595, eff. 1-1-04.)

4   (310 ILCS 67/20)

5   Sec. 20. Determination of exempt local governments.

6   (a) Beginning October 1, 2004, the Illinois Housing

7 Development Authority shall determine which local governments

8 are exempt and not exempt from the operation of this Act based

9 on an identification of the total number of year-round housing

10 units in the most recent data from the U.S. Census Bureau for

11 each local government within the State and by an inventory of

12 owner-occupied and rental affordable housing units, as defined

13 in this Act, for each local government from the U.S. Census

14 Bureau and other relevant sources.

15  (b) The Illinois Housing Development Authority shall make

16 this determination by:

17  (i) totaling the number of owner-occupied housing

18  units in each local government that are affordable to

19  households with a gross household income that is less than

20  80% of the median household income within the county or

21  primary metropolitan statistical area;

22  (ii) totaling the number of rental units in each local

23  government that are affordable to households with a gross

24  household income that is less than 60% of the median

25  household income within the county or primary metropolitan
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1   statistical area;

2        (iii) adding the number of owner-occupied and rental

3   units for each local government from items (i) and (ii);

4   and

5        (iv) dividing the sum of (iii) above by the total

6   number of year-round housing units in the local government

7   as contained in the latest U.S. Census Bureau and

8   multiplying the result by 100 to determine the percentage

9   of affordable housing units within the jurisdiction of the

10  local government.

11  (c) Beginning on the effective date of this amendatory Act

12 of the 98th General Assembly, the Illinois Housing Development

13 Authority shall publish a list of exempt and non-exempt local

14 governments and the data that it used to calculate its

15 determination at least once every 5 years. The data shall be

16 shown for each local government in the State and for the State

17 as a whole. Upon publishing a list of exempt and non-exempt

18 local governments, the Illinois Housing Development Authority

19 shall notify a local government that it is not exempt from the

20 operation of this Act and provide to it the data used to

21 calculate its determination.

22  (d) A local government or developer of affordable housing

23 may appeal the determination of the Illinois Housing

24 Development Authority as to whether the local government is

25 exempt or non-exempt under this Act in connection with an

26 appeal under Section 30 of this Act.
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1   (e) Additionally, the Illinois Housing Development

2 Authority shall make the following calculations:

3   (i) totaling the number of owner-occupied housing

4   units in each local government that are affordable to

5   households with a gross household income that is at or

6   below 30% of the median household income within the county

7   or primary metropolitan statistical area;

8   (ii) totaling the number of rental units in each local

9   government that are affordable to households with a gross

10  household income that is at or below 30% of the median

11  household income within the county or primary metropolitan

12  statistical area;

13  (iii) adding the number of owner-occupied and rental

14  units for each local government from items (i) and (ii);

15  (iv) dividing the sum of (iii) above by the total

16  number of year-round housing units in the local government

17  as contained in the latest U.S. Census Bureau and

18  multiplying the result by 100 to determine the percentage

19  of extremely low-income affordable housing units within

20  the jurisdiction of the local government;

21  (v) totaling the number of owner-occupied housing

22  units in each local government that are affordable to

23  households with a gross household income that is between

24  80% and 140% of the median household income within the

25  county or primary metropolitan statistical area;

26  (vi) totaling the number of rental units in each local
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1   government that are affordable to households with a gross

2   household income that is between 60% and 80% of the median

3   household income within the county or primary metropolitan

4   statistical area;

5   (vii) totaling the number of rental units in each

6   local government that are affordable to households with a

7   gross household income that is between 80% and 140% of the

8   median household income within the county or primary

9   metropolitan statistical area;

10  (viii) adding the number of owner-occupied and rental

11  units for each local government from items (v), (vi), and

12  (vii); and

13  (ix) dividing the sum of (viii) above by the total

14  number of year-round housing units in the local government

15  as contained in the latest U.S. Census Bureau and

16  multiplying the result by 100 to determine the percentage

17  of affordable middle housing units within the jurisdiction

18  of the local government.

19  (f) Beginning on the effective date of this amendatory Act

20 of the 104th General Assembly, the Illinois Housing

21 Development Authority shall publish the data collected under

22 paragraphs (i) through (ix) of subsection (e). The data shall

23 be shown for each local government in the State and for the

24 State as a whole and shall be published at least once every 5

25 years. The Illinois Housing Development Authority shall also

26 compile the collected data into a report and submit the report
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1 to the General Assembly.

2  (g) The data collected under subsection (e) shall be for

3 informational purposes only and shall not factor into the

4 determination of exempt local governments.

5 (Source: P.A. 98-287, eff. 8-9-13.)
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