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Illinois General Assembly· HB 4571Governor Approved

COUNTIES CD-AFFORDABLE HOUSING, the official text

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HB4571 Enrolled                     LRB104 18074 RTM 31513 b

1   AN ACT concerning local government.

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

3 represented in the General Assembly:

4   Section 5. The Counties Code is amended by adding Sections

5 5-1195 and 5-1196 as follows:

6   (55 ILCS 5/5-1195 new)

7   Sec. 5-1195. Powers of specified counties to create or

8 preserve affordable housing. Counties having a population of

9 greater than 750,000 residents and fewer than 2 million

10 residents and counties having the county executive form of

11 government and a population of greater than 650,000 and fewer

12 than 2 million residents, according to the most recent federal

13 decennial census, may:

14  (1) acquire real property for the purpose of creating

15  or preserving affordable housing for households making up

16  to 140% of the area median income annually;

17  (2) enter into agreements to transfer real property,

18  with any unit of local government, including forest

19  preserve districts created under the Downstate Forest

20  Preserve District Act, any school district, or the State,

21  for the purpose of creating or preserving affordable

22  housing for households making up to 140% of the area

23  median income annually;
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1   (3) enter into agreements to donate, lease below

2   market rate, or sell below market rate, real property for

3   the purpose of the creation or preservation of affordable

4   housing for households making up to 140% of the area

5   median income annually;

6   (4) undertake any activity permitted by the Affordable

7   Housing Planning and Appeal Act for the purpose of

8   creating, developing, encouraging the development, or

9   preservation of the development of affordable housing for

10  households making up to 140% of the area median income

11  annually; and

12  (5) select purchasers and lessors for properties held

13  by the county, a county land bank, or county land trust.

14  The selection of purchasers and lessors under paragraph

15 (5) shall be made in a manner designed to increase and maintain

16 affordable housing within the county without regard to the

17 fair market value of the real property.

18  (55 ILCS 5/5-1196 new)

19  Sec. 5-1196. Affordable housing grant programs.

20  (a) As used in this Section, "affordable housing" means

21 housing for households making up to 140% of the area median

22 income annually.

23  (b) Counties having a population of greater than 750,000

24 residents and fewer than 2 million residents and counties

25 having the county executive form of government and a
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1 population of greater than 650,000 and fewer than 2 million

2 residents, according to the most recent federal decennial

3 census, may encourage and facilitate the creation of

4 affordable housing within the geographic boundaries of the

5 county, including areas within municipalities, by offering, to

6 developers of affordable housing units, financial incentives,

7 including, but not limited to, grants and loans, and

8 infrastructure improvements, including, but not limited to,

9 stormwater detention, public water and sewer improvements, and

10 similar improvements that facilitate increasing the supply of

11 affordable housing units. Improvements that facilitate

12 increasing the supply of affordable housing units shall be

13 considered improvements for a public purpose.

14  (c) Counties having a population of greater than 750,000

15 residents and fewer than 2 million residents and counties

16 having the county executive form of government and a

17 population of greater than 650,000 and fewer than 2 million

18 residents, according to the most recent federal decennial

19 census, may enter into agreements with developers relating to

20 grants, loans, and similar incentives to facilitate affordable

21 housing within the county. As part of an agreement or in return

22 for an infrastructure improvement, the county may impose a

23 restriction on the title of an affordable housing development,

24 subject to the agreements under this subsection, that

25 restricts the income level of inhabitants of all or part of the

26 development. The income restrictions are limited to periods
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1 not to exceed 15 years. For purposes of deed restrictions, a

2 county may use the United States Department of Housing and

3 Urban Development fair market rent or other federally

4 established rent tables to calculate the maximum allowable

5 rent for units benefiting from grants, financial incentives,

6 and infrastructure development under the program.

7   (d) Counties having a population of greater than 750,000

8 residents and fewer than 2 million residents and counties

9 having the county executive form of government and a

10 population of greater than 650,000 and fewer than 2 million

11 residents, according to the most recent federal decennial

12 census, may enter into agreements with property owners to

13 engage in clearance and remediation activities, including the

14 removal of buildings and improvements, the movement of

15 structures to other sites, and the remediation of known or

16 suspected environmental contamination.

17  Section 99. Effective date. This Act takes effect upon

18 becoming law.
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