Bill Text: IL HB0206 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Housing Authorities Act. In a provision permitting a Housing Authority to refuse to certify or recertify applicants, current tenants, or other household members who have been convicted of a criminal offense relating to the sale or distribution of a controlled substance, provides that prior to refusing to certify or recertify such a person, the Authority shall make an individualized assessment and determine whether it is reasonable to conclude that the applicant, current tenant, or other household member would constitute a threat to those in the community where the applicant, current tenant, or other household member would reside; or whether it is reasonable to conclude that the applicant, current tenant, or other household member would otherwise engage in other unlawful activities in that community. Provides that during the individualized assessment, the Authority shall consider all mitigating circumstances, including, but not limited to: the nature of the crime; the time elapsed between the date of conviction and the date of certification or recertification; the applicant's, tenant's, or other household member's background; the incentive to litigate the criminal matter; and any evidence demonstrating rehabilitation. Requires the Authority to provide notice to the applicant, current tenant, or other household member that he or she may be denied certification or recertification because of a criminal conviction and that he or she has the right to an impartial hearing to demonstrate that he or she should not be denied certification or recertification because of his or her particular circumstances.

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Introduced - Dead) 2020-11-03 - Added Co-Sponsor Rep. Lakesia Collins [HB0206 Detail]

Download: Illinois-2019-HB0206-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB0206 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
310 ILCS 10/25 from Ch. 67 1/2, par. 25
Amends the Housing Authorities Act. In a provision permitting a Housing Authority to refuse to certify or recertify applicants, current tenants, or other household members who have been convicted of a criminal offense relating to the sale or distribution of a controlled substance, provides that prior to refusing to certify or recertify such a person, the Authority shall make an individualized assessment and determine whether it is reasonable to conclude that the applicant, current tenant, or other household member would constitute a threat to those in the community where the applicant, current tenant, or other household member would reside; or whether it is reasonable to conclude that the applicant, current tenant, or other household member would otherwise engage in other unlawful activities in that community. Provides that during the individualized assessment, the Authority shall consider all mitigating circumstances, including, but not limited to: the nature of the crime; the time elapsed between the date of conviction and the date of certification or recertification; the applicant's, tenant's, or other household member's background; the incentive to litigate the criminal matter; and any evidence demonstrating rehabilitation. Requires the Authority to provide notice to the applicant, current tenant, or other household member that he or she may be denied certification or recertification because of a criminal conviction and that he or she has the right to an impartial hearing to demonstrate that he or she should not be denied certification or recertification because of his or her particular circumstances.
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A BILL FOR
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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 Housing Authorities Act is amended by
changing Section 25 as follows:
(310 ILCS 10/25) (from Ch. 67 1/2, par. 25)
Sec. 25. Rentals and tenant selection. In the operation or
management of housing projects an Authority shall at all times
observe the following duties with respect to rentals and tenant
selection:
(a) It shall not accept any person as a tenant in any
dwelling in a housing project if the persons who would occupy
the dwelling have an aggregate annual income which equals or
exceeds the amount which the Authority determines (which
determination shall be conclusive) to be necessary in order to
enable such persons to secure safe, sanitary and uncongested
dwelling accommodations within the area of operation of the
Authority and to provide an adequate standard of living for
themselves.
(b) It may rent or lease the dwelling accommodations
therein only at rentals within the financial reach of persons
who lack the amount of income which it determines (pursuant to
(a) of this Section) to be necessary in order to obtain safe,

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sanitary and uncongested dwelling accommodations within the
area of operation of the Authority and to provide an adequate
standard of living.
(c) It may rent or lease to a tenant a dwelling consisting
of the number of rooms (but no greater number) which it deems
necessary to provide safe and sanitary accommodations to the
proposed occupants thereof, without overcrowding.
(d) It shall not change the residency preference of any
prospective tenant once the application has been accepted by
the authority.
(e) It may refuse to certify or recertify applicants,
current tenants, or other household members if, after due
notice and an impartial hearing, that person or any of the
proposed occupants of the dwelling has, prior to or during a
term of tenancy or occupancy in any housing project operated by
an Authority, been convicted of a criminal offense relating to
the sale or distribution of controlled substances under the
laws of this State, the United States or any other state. If an
Authority desires a criminal history records check of all 50
states or a 50-state confirmation of a conviction record, the
Authority shall submit the fingerprints of the relevant
applicant, tenant, or other household member to the Department
of State Police in a manner prescribed by the Department of
State Police. These fingerprints shall be checked against the
fingerprint records now and hereafter filed in the Department
of State Police and Federal Bureau of Investigation criminal

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history records databases. The Department of State Police shall
charge a fee for conducting the criminal history records check,
which shall be deposited in the State Police Services Fund and
shall not exceed the actual cost of the records check. The
Department of State Police shall furnish pursuant to positive
identification, records of conviction to the Authority. Prior
to refusing to certify or recertify an applicant, current
tenant, or other household member pursuant to this subsection,
the Authority shall make an individualized assessment and
determine whether it is reasonable to conclude that the
applicant, current tenant, or other household member would
constitute a threat to those in the community where the
applicant, current tenant, or other household member would
reside; or whether it is reasonable to conclude that the
applicant, current tenant, or other household member would
otherwise engage in other unlawful activities in that
community. During the individualized assessment, the Authority
shall consider all mitigating circumstances, including, but
not limited to: the nature of the crime; the time elapsed
between the date of conviction and the date of certification or
recertification; the applicant's, tenant's, or other household
member's background; the incentive to litigate the criminal
matter; and any evidence demonstrating rehabilitation. The
Authority shall provide notice to the applicant, current
tenant, or other household member that he or she may be denied
certification or recertification because of a criminal

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conviction and that he or she has the right to an impartial
hearing to demonstrate that he or she should not be denied
certification or recertification because of his or her
particular circumstances.
(f) It may, if a tenant has created or maintained a threat
constituting a serious and clear danger to the health or safety
of other tenants or Authority employees, after 3 days' written
notice of termination and without a hearing, file suit against
any such tenant for recovery of possession of the premises. The
tenant shall be given the opportunity to contest the
termination in the court proceedings. A serious and clear
danger to the health or safety of other tenants or Authority
employees shall include, but not be limited to, any of the
following activities of the tenant or of any other person on
the premises with the consent of the tenant:
(1) Physical assault or the threat of physical assault.
(2) Illegal use of a firearm or other weapon or the
threat to use in an illegal manner a firearm or other
weapon.
(3) Possession of a controlled substance by the tenant
or any other person on the premises with the consent of the
tenant if the tenant knew or should have known of the
possession by the other person of a controlled substance,
unless the controlled substance was obtained directly from
or pursuant to a valid prescription.
(4) Streetgang membership as defined in the Illinois

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Streetgang Terrorism Omnibus Prevention Act.
The management of low-rent public housing projects
financed and developed under the U.S. Housing Act of 1937 shall
be in accordance with that Act.
Nothing contained in this Section or any other Section of
this Act shall be construed as limiting the power of an
Authority to vest in a bondholder or trustee the right, in the
event of a default by the Authority, to take possession and
operate a housing project or cause the appointment of a
receiver thereof, free from all restrictions imposed by this
Section or any other Section of this Act.
(Source: P.A. 93-418, eff. 1-1-04; 93-749, eff. 7-15-04.)