Bill Text: IL HB1189 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Housing Authorities Act. Requires every Housing Authority located in a municipality of less than 1,000,000 inhabitants (rather than every Housing Authority) to present as part of its annual report specified financial statements detailing expenditures and disbursements for each housing project. Requires housing authorities located in municipalities of more than 1,000,000 inhabitants to compile information required under the Act under regulations prescribed by the Department of Housing and Urban Development and to make such information available to the public upon request. Repeals a provision requiring the housing authorities to submit these statements to their respective city councils not later than three months following the close of the preceding fiscal year of the authorities. Provides that exemptions to federal, State, or local requirements may be granted to a Housing Authority in the form of Waivers, Exclusions, Public Notices, Executive Orders, or moving to Work Agreements approved by the U.S. Department of Housing and Urban Development. Makes a provision concerning tenant-income exclusions inapplicable to specified Housing programs. Makes other changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-02-08 - Chief Sponsor Changed to Rep. Cynthia Soto [HB1189 Detail]

Download: Illinois-2011-HB1189-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB1189 Introduced 2/8/2011, by Rep. Karen A. Yarbrough SYNOPSIS AS INTRODUCED:
310 ILCS 10/8.4 from Ch. 67 1/2, par. 8.4
310 ILCS 10/8.10 from Ch. 67 1/2, par. 8.10
310 ILCS 10/8.21 from Ch. 67 1/2, par. 8.21
310 ILCS 10/8.22
310 ILCS 10/9 from Ch. 67 1/2, par. 9
310 ILCS 10/30 from Ch. 67 1/2, par. 27c
310 ILCS 10/8.11 rep.
Amends the Housing Authorities Act. Requires every Housing Authority located in a municipality of less than 1,000,000 inhabitants (rather than every Housing Authority) to present as part of its annual report specified financial statements detailing expenditures and disbursements for each housing project. Requires housing authorities located in municipalities of more than 1,000,000 inhabitants to compile information required under the Act under regulations prescribed by the Department of Housing and Urban Development and to make such information available to the public upon request. Repeals a provision requiring the housing authorities to submit these statements to their respective city councils not later than three months following the close of the preceding fiscal year of the authorities. Provides that exemptions to federal, State, or local requirements may be granted to a Housing Authority in the form of Waivers, Exclusions, Public Notices, Executive Orders, or moving to Work Agreements approved by the U.S. Department of Housing and Urban Development. Makes a provision concerning tenant-income exclusions inapplicable to specified Housing programs. Makes other changes. Effective immediately.
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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 Sections 8.4, 8.10, 8.21, 8.22, 9, and 30 as follows:
(310 ILCS 10/8.4) (from Ch. 67 1/2, par. 8.4)
Sec. 8.4. An Authority has power to borrow money upon its
bonds, notes, debentures, or other evidences of indebtedness
and to secure the same by pledges of its revenues, or in any
other manner, and in connection with any loan by a government,
to agree to limitations upon the exercise of any powers
conferred upon the Authority by this Act; to invest any funds
held in reserves or sinking funds, or in any funds not required
for immediate disbursement in State or Federal securities; to
make grants, loans, and advances on such terms as the Authority
shall determine, subject to the approval of the Department, to
any non-profit corporation referred to in Section 9 in order to
assist such non-profit corporation in planning, preparing,
constructing, reconstructing or improving housing to provide
an additional supply of decent, safe and sanitary dwellings.
(Source: P.A. 81-1509.)
(310 ILCS 10/8.10) (from Ch. 67 1/2, par. 8.10)

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Sec. 8.10. As a part of its annual report, every Housing
Authority located in a municipality of less than 1,000,000
inhabitants shall present statements setting forth for each
project of the Housing Authority a balance sheet, a classified
statement of revenues and expenditures and of receipts and
disbursements and a surplus statement, and also a consolidated
balance sheet and consolidated classified statements of
revenues and expenditures, and of receipts and disbursements
and a surplus statement reflecting the financial status and
condition of the Housing Authority as a whole as of the close
of the immediately preceding fiscal year. All statements shall
be made separately for bond interest and retirement, capital
and operating accounts. The report for the Housing Authority in
any municipality containing over 500,000 inhabitants shall
also include a separate statement setting out the total amount
of rent received for, and the amount of money expended on, each
housing project as that term is defined in Section 17 (g) of
this Act under the jurisdiction of the Housing Authority and
shall also include a complete schedule of salaries in effect on
the date of the report and to whom such salaries are paid. The
report for Housing Authorities other than those in
municipalities containing over 500,000 inhabitants shall
include a separate statement setting out in detail the exact
amount of rent received for, and the amount of money expended
on, each housing project as that term is defined in Section 17
(g) of this Act under the jurisdiction of the Housing Authority

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and shall also include a complete schedule of the salaries in
effect on the date of the report and to whom salaries are being
paid. All statements shall be made separately for bond interest
and retirement, capital and operating accounts. The annual
report of every Housing Authority shall also include the amount
or amounts of service charge or charges paid or proffered to
the County Collector or to the appropriate officer or officers,
of any municipal corporation in lieu of normal real estate
taxes, identified to show the year or years and project or
projects for which payment was made or proffered. The
requirements of this Section can be fulfilled by the filing of
an annual certified audit conducted in accordance with federal
Housing and Urban Development requirements with the presiding
officers and legislative authorities of the city, village,
incorporated town or county.
In addition to all other information required herein, the
Housing Authority in any municipality or county containing over
500,000 inhabitants shall prepare and maintain a summary
tabulation for each project for the period covered by the
annual report showing the number of and size of individual
housing accommodations; the number of units occupied by
families in the various income groups; the total number of
persons; the age group of the head of the household of
move-ins; the number of persons comprising the household; the
rent schedules for determining contract rents; and the number
of workers per family moving in; the year of admission of

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families to public housing; the number of move-ins with the
size of family; income groups of families moving in; size of
unit occupied by families moving in or out; and information as
to family composition; and information as to number of families
receiving public assistance or social security benefits.
For housing authorities located in municipalities of more
than 1,000,000 inhabitants, information required by this
Section shall be compiled under regulations prescribed by the
Department of Housing and Urban Development and shall be made
available to the public upon request.
All housing authority annual reports containing
information required by this Section shall be a matter of
public record and shall be made available by the Housing
Authority, upon request, in a manner prescribed by the federal
Freedom of Information Act on request, at any reasonable time
without fee or reward.
(Source: P.A. 87-200.)
(310 ILCS 10/8.21) (from Ch. 67 1/2, par. 8.21)
Sec. 8.21. In determining the income of tenants for the
purpose of determining rent, the Housing Authority shall comply
with all federal housing statutes and regulations of the U.S.
Department of Housing and Urban Development.
Exemptions to federal, State, or local requirements may be
granted to a Housing Authority in the form of Waivers,
Exclusions, Public Notices, Executive Orders, or Moving to Work

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Agreements approved by the U.S. Department of Housing and Urban
Development.
(Source: P.A. 86-789; 87-200.)
(310 ILCS 10/8.22)
Sec. 8.22. Determination of income.
(a) Exclusions from income. In determining the income of a
tenant for the purpose of determining rent, the Housing
Authority shall exclude the following as provided in subsection
(b):
(i) The amount of any income received by the tenant as
a result of anti-drug, anti-crime, and related security
initiatives conducted by the Housing Authority. Any
activities or income excluded under this subdivision (i)
must first be certified by the Housing Authority.
(ii) Any income earned by a tenant during the first 12
months of employment which follow a period of unemployment
of 12 or more consecutive months if:
(A) a period of unemployment of 12 or more
consecutive months or the income received within the 12
months prior to employment is less than 10 hours of
work per week at the established minimum wage; or
(B) the income earned during those 12 months is
received as a result of the tenant's participation in
any economic self-sufficiency or other job training
program; or

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(C) the income earned during those 12 months is
earned by a tenant due to new employment or increased
earnings, during or within 6 months after receiving
assistance under a State program for temporary
assistance for needy families funded under Part A of
Title IV of the Social Security Act (42 U.S.C. 601 and
following), provided that the total amount of earned
income received by the tenant within the previous 6
months was at least $500.
(b) Procedure for excluding income.
(i) Initial 12-month exclusion. Beginning on the first
date the tenant is employed or the first date the tenant's
family experiences an increase in annual income as
determined under subdivision (a)(ii) of this Section, the
Housing Authority must exclude the increase in annual
income for each month in which the increase is received,
but not for more than 12 months.
(ii) Second 12-month exclusion and phase-out. After
the initial 12-month exclusion period under subdivision
(b)(i) of this Section, the Housing Authority must exclude,
for each month in which the increase in income is received,
but not for more than 12 months, 50% of the increase in the
annual income that is received due to the tenant's
employment or the tenant's family experiencing an increase
in annual income under subdivision (a)(ii).
(iii) Maximum 48-month period for exclusions. The

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exclusion of increases in income of an individual family
member as provided in subdivision (b)(i) or (b)(ii) of this
Section is limited to a lifetime 48-month period. The
exclusion applies for a maximum of 12 months for the
exclusion under subdivision (b)(i) and a maximum of 12
months for the exclusion under subdivision (b)(ii), during
the 48-month period starting with the beginning of the
initial exclusion period under subdivision (b)(i), which
immediately follows 12 or more months of unemployment.
(c) Inapplicability of income exclusions to admission
process. The exclusion of increases in income as a result of
employment under this Section for the purpose of determining
rent does not apply for purposes of determining eligibility for
admission to any housing the program (including determinations
of income eligibility and income targeting).
(d) Inapplicability of income exclusions to the HOME
Investment Partnership Program, Housing Opportunities for
Persons with AIDS, the Supportive Housing Program, and the
Housing Choice Voucher Program. The exclusion of increases in
income as a result of employment as provided under subsections
(a) and (b) of this Section is not applicable to the following
programs: the HOME Investment Partnership Program, Housing
Opportunities for Persons with AIDS, the Supportive Housing
Program, and the Housing Choice Voucher Program, except for a
tenant family member who is a person with disabilities as
defined in 42 U.S.C. 423.

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(Source: P.A. 93-242, eff. 7-22-03.)
(310 ILCS 10/9) (from Ch. 67 1/2, par. 9)
Sec. 9. Whenever it shall be deemed necessary by an
Authority in connection with the exercise of its powers herein
conferred to take or acquire the fee of any real property in
the area of operation or any interest therein or right with
respect thereto, such Authority may acquire the same directly
or through its agent or agents from the owner or owners thereof
or may acquire the same by the exercise of eminent domain in
the manner provided by the Eminent Domain Act.
If any of such property is devoted to a public use it may
nevertheless be acquired, provided that no property belonging
to a government may be acquired without its consent and that no
property belonging to a corporation subject to the jurisdiction
of the Illinois Commerce Commission may be acquired without the
approval of the Illinois Commerce Commission.
The power of eminent domain shall apply not only to
improved or unimproved property which may be acquired for or as
an incident to the development or operation of a project or
projects, but also to: (a) any improved or unimproved property
the acquisition of which is necessary or appropriate for the
rehabilitation or redevelopment of any blighted or slum area,
or (b) any improved or unimproved property which the Authority
may require to carry out the provisions of this Act. Such power
may be exercised by the Housing Authority on its own initiative

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or as an agent of the city, village, incorporated town, county
or counties, or any government, or for the purpose of sale or
lease to: (a) a housing corporation operating under "An Act in
relation to housing", approved July 12, 1933, as amended; (b)
neighborhood redevelopment corporations operating under the
"Neighborhood Redevelopment Corporation Law", approved July 9,
1941, as amended; (c) insurance companies operating under
Section 125a of the "Illinois Insurance Code", approved June
29, 1937, as amended; (d) non-profit corporations organized for
the purpose of constructing, managing and operating housing
projects and for the improvement of housing conditions,
including the rental or sale of housing units to persons in
need thereof; or to any other individual, association or
corporation desiring to engage in a development or
redevelopment project.
For housing authorities located within municipalities
having a population less than 1,000,000, no No sale or lease
shall be made hereunder to any of the aforesaid corporations,
associations or individuals unless a plan has been approved by
the Authority and the Department for the development or
redevelopment of such property and unless the purchaser or
lessee furnishes the Authority a bond, with satisfactory
sureties, in an amount not less than 10% of the cost of such
development or redevelopment, conditioned on the completion of
such development or redevelopment in accordance with the
approved plan; provided that the requirement of the bond may be

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waived by the Department if it is satisfied of the financial
ability of the purchaser or lessee to complete such development
or redevelopment in accordance with the approved plan. To
further assure that the real property so sold or leased shall
be used in accordance with the plan, the Department may require
the purchaser or lessee to execute in writing such undertakings
as the Department deems necessary to obligate such purchaser or
lessee (1) to use the property for the purposes presented in
plans; (2) to commence and complete the building of the
improvements designated in the plan within the periods of time
that the Department fixes as reasonable; and (3) to comply with
such other conditions as are necessary to carry out the purpose
of this Act. Any such property may be sold pursuant to this
section for any legal consideration in an amount to be approved
by the Department.
If the area of operation of a housing authority includes a
city, village or incorporated town having a population in
excess of 500,000 as determined by the last preceding Federal
census, no real property or interest in real property shall be
acquired in such municipality by the housing authority until
such time as the housing authority has advised the governing
body of such municipality of the description of the real
property, or interest therein, proposed to be acquired, and the
governing body of the municipality has approved the acquisition
thereof by the housing authority.
A "blighted or slum area" means any area of not less, in

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the aggregate, than one acre, excepting that in any
municipality having a population in excess of 500,000, as
determined by the last preceding Federal census, a "blighted or
slum area" means any area of not less in the aggregate of2
acres which area, in either case, has been designated by
municipal ordinance or by the Authority as an integrated
project for rehabilitation, development or redevelopment,
where (a) buildings or improvements, by reason of dilapidation,
obsolescence, overcrowding, faulty arrangement or design, lack
of ventilation, light or sanitary facilities, excessive land
coverage, deleterious land use or layout or any combination of
these factors, are a detriment to public safety, health or
morals, or welfare, or (b) there exists platted land which is
predominantly open and which, because of obsolete platting,
diversity of ownership, deterioration of structures or of site
improvements, or otherwise substantially impairs or arrests
the sound growth of the community and which is to be developed
for predominantly residential uses, or (c) there exists open
unplatted land necessary for sound community growth which is to
be developed for predominantly residential uses, or (d) parcels
of land remain undeveloped because of improper platting,
delinquent taxes or special assessments, scattered or
uncertain ownerships, clouds on title, artificial values due to
excessive utility costs, or any other impediment to the use of
such area for predominantly residential uses; provided, that if
in any city, village or incorporated town there exists a land

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clearance commission, created under the "Blighted Areas
Redevelopment Act of 1947", having the same area of operation
as a housing authority created in and for any such
municipality, such housing authority shall have no power to
acquire land of the character described in sub-paragraphs (b),
(c) or (d) of the definition of "blighted or slum area", in
this paragraph for the purpose of development or redevelopment
by private enterprise.
The Housing Authority shall have power to hold or use any
such property for uses authorized by this Act, or to sell,
lease or exchange such property as is not required for such
uses by the Authority. In case of sale or lease to other than a
public corporation or public agency, notice shall be given and
bids shall be received in the manner provided by Section
11-76-2 of the Illinois Municipal Code, as amended, and bids
may be accepted by vote of three of the five Commissioners of
the Authority; provided, however, that such requirement of
notice and bidding shall not apply to a sale or lease to any
individual, association or corporation described in the
preceding paragraph; nor to a sale or lease of an individual
dwelling unit in a project, to be used by the purchaser as a
dwelling for his family; nor to a sale or lease of a project or
part thereof to an association to be so used by its members. In
case of exchange of property for property privately owned,
three disinterested appraisers shall be appointed to appraise
the value of the property to be exchanged, and such exchange

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shall not be made unless the property to be received by the
Authority is equal or greater in value than the property to be
exchanged therefor, or if less than such value, that the
difference shall be paid in money.
(Source: P.A. 94-1055, eff. 1-1-07.)
(310 ILCS 10/30) (from Ch. 67 1/2, par. 27c)
Sec. 30. Housing authorities may jointly exercise any or
all of the powers conferred on such housing authorities, for
the purpose of financing, planning, undertaking, constructing
or operating a housing project or projects located within the
"area of operation" of any one or more of such housing
authorities; and may with respect to each other exercise any
powers enumerated in "An Act in relation to aid of housing
projects and cooperation with housing authorities and the
Federal government by municipal corporations, political
subdivisions and other public bodies of this State", filed July
13, 1937, as amended, in addition to powers conferred by this
Act.
A housing authority may operate outside of its area of
operation (1) by contract with another housing authority, or
(2) by contract with a state public body not within the area of
operation of another housing authority, if the Department shall
first have found a shortage of safe or sanitary dwellings
within the area of such State public body, in the manner
provided by Section 3 of this Act, and shall have issued a

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certificate to this effect to such housing authority and to
such State public body.
(Source: P.A. 81-1509.)
(310 ILCS 10/8.11 rep.)
Section 10. The Housing Authorities Act is amended by
repealing Section 8.11.
Section 99. Effective date. This Act takes effect upon
becoming law.