Bill Text: IL HB5439 | 2011-2012 | 97th General Assembly | Amended

---

Bill Title: Amends the Property Tax Code. Removes language providing that the definition of "homestead property" includes leasehold interests on which a single family residence is situated.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB5439 Detail]

Download: Illinois-2011-HB5439-Amended.html

---

Rep. Michael J. Zalewski

Filed: 3/27/2012

09700HB5439ham003 LRB097 17973 HLH 68054 a
AMENDMENT TO HOUSE BILL 5439
AMENDMENT NO. ______. Amend House Bill 5439, AS AMENDED, by
replacing everything after the enacting clause with the
following:
"Section 5. The Property Tax Code is amended by changing
Sections 15-167, 15-168, 15-170, 15-172, 15-175 and 15-177 as
follows:
(35 ILCS 200/15-167)
Sec. 15-167. Returning Veterans' Homestead Exemption.
(a) Beginning with taxable year 2007, a homestead
exemption, limited to a reduction set forth under subsection
(b), from the property's value, as equalized or assessed by the
Department, is granted for property that is owned and occupied
as the principal residence of a veteran returning from an armed
conflict involving the armed forces of the United States who is
liable for paying real estate taxes on the property and is an

09700HB5439ham003 - 2 - LRB097 17973 HLH 68054 a
owner of record of the property or has a legal or equitable
interest therein as evidenced by a written instrument. In
counties with a population of 300,000 or more, a returning
veterans' homestead exemption shall not be granted for
leasehold interests. , except for a leasehold interest, other
than a leasehold interest of land on which a single family
residence is located, which is occupied as the principal
residence of a veteran returning from an armed conflict
involving the armed forces of the United States who has an
ownership interest therein, legal, equitable or as a lessee,
and on which he or she is liable for the payment of property
taxes.
(a-5) In counties with a population of less than 300,000, a
returning veterans' homestead exemption shall be granted for
leasehold property on which a single family residence,
townhome, condominium, or cooperative is located if the single
family residence, townhome, condominium, or cooperative is
occupied as the principal residence of a veteran returning from
an armed conflict involving the armed forces of the United
States who is liable for paying real estate taxes on the
property and all of the following conditions are met:
(1) a notarized application for the exemption must be
submitted each year during the application period in effect
for the county in which the property is located;
(2) a copy of the lease must be filed with the chief
county assessment officer by the owner of the property at

09700HB5439ham003 - 3 - LRB097 17973 HLH 68054 a
the time the notarized application is submitted;
(3) the lease must expressly state that the lessee is
liable for the payment of the property taxes; and
(4) the lease must expressly state that the lessee is
required to pay the property taxes out of the lessee's own
funds.
If there is a change in lessee, or if the lessee vacates
the property, then the owner of the property shall notify the
chief county assessment officer within 30 days after the
effective date of that change. Except as otherwise provided in
this subsection, an exemption shall not be granted under this
Section for leasehold interests in property containing
multiple dwelling units.
The requirements set forth in items (1) through (4) of this
subsection (a-5), and the requirement that the owner of the
property must notify the chief county assessment officer within
30 days after the effective date of a change in lessee, do not
apply (i) to leasehold interests in property owned by a
municipality and leased under a long-term 99-year lease with
the tenant or (ii) if the right to the leasehold exemption
pre-dates the effective date of this amendatory Act of the 97th
General Assembly through pre-existing federal law, State law,
or regulatory agreement.
For purposes of the exemption under this Section, "veteran"
means an Illinois resident who has served as a member of the
United States Armed Forces, a member of the Illinois National

09700HB5439ham003 - 4 - LRB097 17973 HLH 68054 a
Guard, or a member of the United States Reserve Forces.
(b) In all counties, the reduction is $5,000 for the
taxable year in which the veteran returns from active duty in
an armed conflict involving the armed forces of the United
States; however, if the veteran first acquires his or her
principal residence during the taxable year in which he or she
returns, but after January 1 of that year, and if the property
is owned and occupied by the veteran as a principal residence
on January 1 of the next taxable year, he or she may apply the
exemption for the next taxable year, and only the next taxable
year, after he or she returns. Beginning in taxable year 2010,
the reduction shall also be allowed for the taxable year after
the taxable year in which the veteran returns from active duty
in an armed conflict involving the armed forces of the United
States. For land improved with an apartment building owned and
operated as a cooperative, the maximum reduction from the value
of the property, as equalized by the Department, must be
multiplied by the number of apartments or units occupied by a
veteran returning from an armed conflict involving the armed
forces of the United States who is liable, by contract with the
owner or owners of record, for paying property taxes on the
property and is an owner of record of a legal or equitable
interest in the cooperative apartment building, other than a
leasehold interest. In a cooperative where a homestead
exemption has been granted, the cooperative association or the
management firm of the cooperative or facility shall credit the

09700HB5439ham003 - 5 - LRB097 17973 HLH 68054 a
savings resulting from that exemption only to the apportioned
tax liability of the owner or resident who qualified for the
exemption. Any person who willfully refuses to so credit the
savings is guilty of a Class B misdemeanor.
(c) Application must be made during the application period
in effect for the county of his or her residence. The assessor
or chief county assessment officer may determine the
eligibility of residential property to receive the homestead
exemption provided by this Section by application, visual
inspection, questionnaire, or other reasonable methods. The
determination must be made in accordance with guidelines
established by the Department.
(d) The exemption under this Section is in addition to any
other homestead exemption provided in this Article 15.
Notwithstanding Sections 6 and 8 of the State Mandates Act, no
reimbursement by the State is required for the implementation
of any mandate created by this Section.
(Source: P.A. 96-1288, eff. 7-26-10; 96-1418, eff. 8-2-10;
97-333, eff. 8-12-11.)
(35 ILCS 200/15-168)
Sec. 15-168. Disabled persons' homestead exemption.
(a) Beginning with taxable year 2007, an annual homestead
exemption is granted to disabled persons in the amount of
$2,000, except as provided in subsection (c), to be deducted
from the property's value as equalized or assessed by the

09700HB5439ham003 - 6 - LRB097 17973 HLH 68054 a
Department of Revenue. The disabled person shall receive the
homestead exemption upon meeting the following requirements:
(1) The property must be occupied as the primary
residence by the disabled person.
(2) The disabled person must be liable for paying the
real estate taxes on the property.
(3) The disabled person must be an owner of record of
the property or have a legal or equitable interest in the
property as evidenced by a written instrument. In counties
with a population of 300,000 or more, a disabled persons'
homestead exemption shall not be granted for leasehold
interests. In the case of a leasehold interest in property,
the lease must be for a single family residence.
A person who is disabled during the taxable year is
eligible to apply for this homestead exemption during that
taxable year. Application must be made during the application
period in effect for the county of residence. If a homestead
exemption has been granted under this Section and the person
awarded the exemption subsequently becomes a resident of a
facility licensed under the Nursing Home Care Act, the
Specialized Mental Health Rehabilitation Act, or the ID/DD
Community Care Act, then the exemption shall continue (i) so
long as the residence continues to be occupied by the
qualifying person's spouse or (ii) if the residence remains
unoccupied but is still owned by the person qualified for the
homestead exemption.

09700HB5439ham003 - 7 - LRB097 17973 HLH 68054 a
(b) For the purposes of this Section, "disabled person"
means a person unable to engage in any substantial gainful
activity by reason of a medically determinable physical or
mental impairment which can be expected to result in death or
has lasted or can be expected to last for a continuous period
of not less than 12 months. Disabled persons filing claims
under this Act shall submit proof of disability in such form
and manner as the Department shall by rule and regulation
prescribe. Proof that a claimant is eligible to receive
disability benefits under the Federal Social Security Act shall
constitute proof of disability for purposes of this Act.
Issuance of an Illinois Disabled Person Identification Card
stating that the claimant is under a Class 2 disability, as
defined in Section 4A of The Illinois Identification Card Act,
shall constitute proof that the person named thereon is a
disabled person for purposes of this Act. A disabled person not
covered under the Federal Social Security Act and not
presenting a Disabled Person Identification Card stating that
the claimant is under a Class 2 disability shall be examined by
a physician designated by the Department, and his status as a
disabled person determined using the same standards as used by
the Social Security Administration. The costs of any required
examination shall be borne by the claimant.
(c) For land improved with (i) an apartment building owned
and operated as a cooperative or (ii) a life care facility as
defined under Section 2 of the Life Care Facilities Act that is

09700HB5439ham003 - 8 - LRB097 17973 HLH 68054 a
considered to be a cooperative, the maximum reduction from the
value of the property, as equalized or assessed by the
Department, shall be multiplied by the number of apartments or
units occupied by a disabled person. The disabled person shall
receive the homestead exemption upon meeting the following
requirements:
(1) The property must be occupied as the primary
residence by the disabled person.
(2) The disabled person must be liable by contract with
the owner or owners of record for paying the apportioned
property taxes on the property of the cooperative or life
care facility. In the case of a life care facility, the
disabled person must be liable for paying the apportioned
property taxes under a life care contract as defined in
Section 2 of the Life Care Facilities Act.
(3) The disabled person must be an owner of record of a
legal or equitable interest in the cooperative apartment
building. A leasehold interest does not meet this
requirement.
If a homestead exemption is granted under this subsection, the
cooperative association or management firm shall credit the
savings resulting from the exemption to the apportioned tax
liability of the qualifying disabled person. The chief county
assessment officer may request reasonable proof that the
association or firm has properly credited the exemption. A
person who willfully refuses to credit an exemption to the

09700HB5439ham003 - 9 - LRB097 17973 HLH 68054 a
qualified disabled person is guilty of a Class B misdemeanor.
(c-5) In counties with a population of less than 300,000,
an exemption under this Section shall be granted for leasehold
property on which a single family residence, townhome,
condominium, or cooperative is located if the single family
residence, townhome, condominium, or cooperative is occupied
as the principal residence of a disabled person who has a legal
or equitable ownership interest in the property as lessee and
is liable for the payment of real property taxes on that
property and all of the following conditions are met:
(1) a notarized application for the exemption must be
submitted each year during the application period in effect
for the county in which the property is located;
(2) a copy of the lease must be filed with the chief
county assessment officer by the owner of the property at
the time the notarized application is submitted;
(3) the lease must expressly state that the lessee is
liable for the payment of the property taxes; and
(4) the lease must expressly state that the lessee is
required to pay the property taxes out of the lessee's own
funds.
If there is a change in lessee, or if the lessee vacates
the property, then the owner of the property shall notify the
chief county assessment officer within 30 days after the
effective date of that change. Except as otherwise provided in
this subsection, an exemption shall not be granted under this

09700HB5439ham003 - 10 - LRB097 17973 HLH 68054 a
Section for leasehold interests in property containing
multiple dwelling units.
The requirements set forth in items (1) through (4) of this
subsection (c-5), and the requirement that the owner of the
property must notify the chief county assessment officer within
30 days after the effective date of a change in lessee, do not
apply (i) to leasehold interests in property owned by a
municipality and leased under a long-term 99-year lease with
the tenant or (ii) if the right to the leasehold exemption
pre-dates the effective date of this amendatory Act of the 97th
General Assembly through pre-existing federal law, State law,
or regulatory agreement.
(d) The chief county assessment officer shall determine the
eligibility of property to receive the homestead exemption
according to guidelines established by the Department. After a
person has received an exemption under this Section, an annual
verification of eligibility for the exemption shall be mailed
to the taxpayer.
In counties with fewer than 3,000,000 inhabitants, the
chief county assessment officer shall provide to each person
granted a homestead exemption under this Section a form to
designate any other person to receive a duplicate of any notice
of delinquency in the payment of taxes assessed and levied
under this Code on the person's qualifying property. The
duplicate notice shall be in addition to the notice required to
be provided to the person receiving the exemption and shall be

09700HB5439ham003 - 11 - LRB097 17973 HLH 68054 a
given in the manner required by this Code. The person filing
the request for the duplicate notice shall pay an
administrative fee of $5 to the chief county assessment
officer. The assessment officer shall then file the executed
designation with the county collector, who shall issue the
duplicate notices as indicated by the designation. A
designation may be rescinded by the disabled person in the
manner required by the chief county assessment officer.
(e) A taxpayer who claims an exemption under Section 15-165
or 15-169 may not claim an exemption under this Section.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; revised 9-12-11.)
(35 ILCS 200/15-170)
Sec. 15-170. Senior Citizens Homestead Exemption.
(a) An annual homestead exemption limited, except as
described here with relation to cooperatives or life care
facilities, to a maximum reduction set forth below from the
property's value, as equalized or assessed by the Department,
is granted for property that is occupied as a residence by a
person 65 years of age or older who is liable for paying real
estate taxes on the property and is an owner of record of the
property or has a legal or equitable interest therein as
evidenced by a written instrument. In counties with a
population of 300,000 or more, a senior citizens homestead
exemption shall not be granted for leasehold interests. , except

09700HB5439ham003 - 12 - LRB097 17973 HLH 68054 a
for a leasehold interest, other than a leasehold interest of
land on which a single family residence is located, which is
occupied as a residence by a person 65 years or older who has
an ownership interest therein, legal, equitable or as a lessee,
and on which he or she is liable for the payment of property
taxes. Before taxable year 2004, the maximum reduction shall be
$2,500 in counties with 3,000,000 or more inhabitants and
$2,000 in all other counties. For taxable years 2004 through
2005, the maximum reduction shall be $3,000 in all counties.
For taxable years 2006 and 2007, the maximum reduction shall be
$3,500 and, for taxable years 2008 and thereafter, the maximum
reduction is $4,000 in all counties.
(b) For land improved with an apartment building owned and
operated as a cooperative, the maximum reduction from the value
of the property, as equalized by the Department, shall be
multiplied by the number of apartments or units occupied by a
person 65 years of age or older who is liable, by contract with
the owner or owners of record, for paying property taxes on the
property and is an owner of record of a legal or equitable
interest in the cooperative apartment building, other than a
leasehold interest. For land improved with a life care
facility, the maximum reduction from the value of the property,
as equalized by the Department, shall be multiplied by the
number of apartments or units occupied by persons 65 years of
age or older, irrespective of any legal, equitable, or
leasehold interest in the facility, who are liable, under a

09700HB5439ham003 - 13 - LRB097 17973 HLH 68054 a
contract with the owner or owners of record of the facility,
for paying property taxes on the property. In a cooperative or
a life care facility where a homestead exemption has been
granted, the cooperative association or the management firm of
the cooperative or facility shall credit the savings resulting
from that exemption only to the apportioned tax liability of
the owner or resident who qualified for the exemption. Any
person who willfully refuses to so credit the savings shall be
guilty of a Class B misdemeanor. Under this Section and
Sections 15-175, 15-176, and 15-177, "life care facility" means
a facility, as defined in Section 2 of the Life Care Facilities
Act, with which the applicant for the homestead exemption has a
life care contract as defined in that Act.
(c) When a homestead exemption has been granted under this
Section and the person qualifying subsequently becomes a
resident of a facility licensed under the Assisted Living and
Shared Housing Act, the Nursing Home Care Act, the Specialized
Mental Health Rehabilitation Act, or the ID/DD Community Care
Act, the exemption shall continue so long as the residence
continues to be occupied by the qualifying person's spouse if
the spouse is 65 years of age or older, or if the residence
remains unoccupied but is still owned by the person qualified
for the homestead exemption.
(d) A person who will be 65 years of age during the current
assessment year shall be eligible to apply for the homestead
exemption during that assessment year. Application shall be

09700HB5439ham003 - 14 - LRB097 17973 HLH 68054 a
made during the application period in effect for the county of
his residence.
(e) Beginning with assessment year 2003, for taxes payable
in 2004, property that is first occupied as a residence after
January 1 of any assessment year by a person who is eligible
for the senior citizens homestead exemption under this Section
must be granted a pro-rata exemption for the assessment year.
The amount of the pro-rata exemption is the exemption allowed
in the county under this Section divided by 365 and multiplied
by the number of days during the assessment year the property
is occupied as a residence by a person eligible for the
exemption under this Section. The chief county assessment
officer must adopt reasonable procedures to establish
eligibility for this pro-rata exemption.
(f) The assessor or chief county assessment officer may
determine the eligibility of a life care facility to receive
the benefits provided by this Section, by affidavit,
application, visual inspection, questionnaire or other
reasonable methods in order to insure that the tax savings
resulting from the exemption are credited by the management
firm to the apportioned tax liability of each qualifying
resident. The assessor may request reasonable proof that the
management firm has so credited the exemption.
(g) The chief county assessment officer of each county with
less than 3,000,000 inhabitants shall provide to each person
allowed a homestead exemption under this Section a form to

09700HB5439ham003 - 15 - LRB097 17973 HLH 68054 a
designate any other person to receive a duplicate of any notice
of delinquency in the payment of taxes assessed and levied
under this Code on the property of the person receiving the
exemption. The duplicate notice shall be in addition to the
notice required to be provided to the person receiving the
exemption, and shall be given in the manner required by this
Code. The person filing the request for the duplicate notice
shall pay a fee of $5 to cover administrative costs to the
supervisor of assessments, who shall then file the executed
designation with the county collector. Notwithstanding any
other provision of this Code to the contrary, the filing of
such an executed designation requires the county collector to
provide duplicate notices as indicated by the designation. A
designation may be rescinded by the person who executed such
designation at any time, in the manner and form required by the
chief county assessment officer.
(h) The assessor or chief county assessment officer may
determine the eligibility of residential property to receive
the homestead exemption provided by this Section by
application, visual inspection, questionnaire or other
reasonable methods. The determination shall be made in
accordance with guidelines established by the Department.
(i) In counties with 3,000,000 or more inhabitants,
beginning in taxable year 2010, each taxpayer who has been
granted an exemption under this Section must reapply on an
annual basis. The chief county assessment officer shall mail

09700HB5439ham003 - 16 - LRB097 17973 HLH 68054 a
the application to the taxpayer. In counties with less than
3,000,000 inhabitants, the county board may by resolution
provide that if a person has been granted a homestead exemption
under this Section, the person qualifying need not reapply for
the exemption.
(j) In counties with less than 3,000,000 inhabitants, if
the assessor or chief county assessment officer requires annual
application for verification of eligibility for an exemption
once granted under this Section, the application shall be
mailed to the taxpayer.
(k) The assessor or chief county assessment officer shall
notify each person who qualifies for an exemption under this
Section that the person may also qualify for deferral of real
estate taxes under the Senior Citizens Real Estate Tax Deferral
Act. The notice shall set forth the qualifications needed for
deferral of real estate taxes, the address and telephone number
of county collector, and a statement that applications for
deferral of real estate taxes may be obtained from the county
collector.
(l) In counties with a population of less than 300,000, a
senior citizens homestead exemption shall be granted for
leasehold property on which a single family residence,
townhome, condominium, or cooperative is located if the single
family residence, townhome, condominium, or cooperative is
occupied as the principal residence by a person 65 years or
older who is liable for paying real estate taxes on the

09700HB5439ham003 - 17 - LRB097 17973 HLH 68054 a
property and all of the following conditions are met:
(1) a notarized application for the exemption must be
submitted each year during the application period in effect
for the county in which the property is located;
(2) a copy of the lease must be filed with the chief
county assessment officer by the owner of the property at
the time the notarized application is submitted;
(3) the lease must expressly state that the lessee is
liable for the payment of the property taxes; and
(4) the lease must expressly state that the lessee is
required to pay the property taxes out of the lessee's own
funds.
If there is a change in lessee, or if the lessee vacates
the property, then the owner of the property shall notify the
chief county assessment officer within 30 days after the
effective date of that change. Except as otherwise provided in
this subsection, an exemption shall not be granted under this
Section for leasehold interests in property containing
multiple dwelling units.
The requirements set forth in items (1) through (4) of this
subsection (l), and the requirement that the owner of the
property must notify the chief county assessment officer within
30 days after the effective date of a change in lessee, do not
apply (i) to leasehold interests in property owned by a
municipality and leased under a long-term 99-year lease with
the tenant or (ii) if the right to the leasehold exemption

09700HB5439ham003 - 18 - LRB097 17973 HLH 68054 a
pre-dates the effective date of this amendatory Act of the 97th
General Assembly through pre-existing federal law, State law,
or regulatory agreement.
(m) Notwithstanding Sections 6 and 8 of the State Mandates
Act, no reimbursement by the State is required for the
implementation of any mandate created by this Section.
(Source: P.A. 96-339, eff. 7-1-10; 96-355, eff. 1-1-10;
96-1000, eff. 7-2-10; 96-1418, eff. 8-2-10; 97-38, eff.
6-28-11; 97-227, eff. 1-1-12; revised 9-12-11.)
(35 ILCS 200/15-172)
Sec. 15-172. Senior Citizens Assessment Freeze Homestead
Exemption.
(a) This Section may be cited as the Senior Citizens
Assessment Freeze Homestead Exemption.
(b) As used in this Section:
"Applicant" means an individual who has filed an
application under this Section.
"Base amount" means the base year equalized assessed value
of the residence plus the first year's equalized assessed value
of any added improvements which increased the assessed value of
the residence after the base year.
"Base year" means the taxable year prior to the taxable
year for which the applicant first qualifies and applies for
the exemption provided that in the prior taxable year the
property was improved with a permanent structure that was

09700HB5439ham003 - 19 - LRB097 17973 HLH 68054 a
occupied as a residence by the applicant who (i) was liable for
paying real property taxes on the property and (ii) who was
either (i) an owner of record of the property or had legal or
equitable interest in the property as evidenced by a written
instrument or (ii) had a legal or equitable interest as a
lessee in the parcel of property that was single family
residence. If in any subsequent taxable year for which the
applicant applies and qualifies for the exemption the equalized
assessed value of the residence is less than the equalized
assessed value in the existing base year (provided that such
equalized assessed value is not based on an assessed value that
results from a temporary irregularity in the property that
reduces the assessed value for one or more taxable years), then
that subsequent taxable year shall become the base year until a
new base year is established under the terms of this paragraph.
For taxable year 1999 only, the Chief County Assessment Officer
shall review (i) all taxable years for which the applicant
applied and qualified for the exemption and (ii) the existing
base year. The assessment officer shall select as the new base
year the year with the lowest equalized assessed value. An
equalized assessed value that is based on an assessed value
that results from a temporary irregularity in the property that
reduces the assessed value for one or more taxable years shall
not be considered the lowest equalized assessed value. The
selected year shall be the base year for taxable year 1999 and
thereafter until a new base year is established under the terms

09700HB5439ham003 - 20 - LRB097 17973 HLH 68054 a
of this paragraph.
"Chief County Assessment Officer" means the County
Assessor or Supervisor of Assessments of the county in which
the property is located.
"Equalized assessed value" means the assessed value as
equalized by the Illinois Department of Revenue.
"Household" means the applicant, the spouse of the
applicant, and all persons using the residence of the applicant
as their principal place of residence.
"Household income" means the combined income of the members
of a household for the calendar year preceding the taxable
year.
"Income" has the same meaning as provided in Section 3.07
of the Senior Citizens and Disabled Persons Property Tax Relief
and Pharmaceutical Assistance Act, except that, beginning in
assessment year 2001, "income" does not include veteran's
benefits.
"Internal Revenue Code of 1986" means the United States
Internal Revenue Code of 1986 or any successor law or laws
relating to federal income taxes in effect for the year
preceding the taxable year.
"Life care facility that qualifies as a cooperative" means
a facility as defined in Section 2 of the Life Care Facilities
Act.
"Maximum income limitation" means:
(1) $35,000 prior to taxable year 1999;

09700HB5439ham003 - 21 - LRB097 17973 HLH 68054 a
(2) $40,000 in taxable years 1999 through 2003;
(3) $45,000 in taxable years 2004 through 2005;
(4) $50,000 in taxable years 2006 and 2007; and
(5) $55,000 in taxable year 2008 and thereafter.
"Residence" means the principal dwelling place and
appurtenant structures used for residential purposes in this
State occupied on January 1 of the taxable year by a household
and so much of the surrounding land, constituting the parcel
upon which the dwelling place is situated, as is used for
residential purposes. If the Chief County Assessment Officer
has established a specific legal description for a portion of
property constituting the residence, then that portion of
property shall be deemed the residence for the purposes of this
Section.
"Taxable year" means the calendar year during which ad
valorem property taxes payable in the next succeeding year are
levied.
(c) Beginning in taxable year 1994, a senior citizens
assessment freeze homestead exemption is granted for real
property that is improved with a permanent structure that is
occupied as a residence by an applicant who (i) is 65 years of
age or older during the taxable year, (ii) has a household
income that does not exceed the maximum income limitation,
(iii) is liable for paying real property taxes on the property,
and (iv) is an owner of record of the property or has a legal or
equitable interest in the property as evidenced by a written

09700HB5439ham003 - 22 - LRB097 17973 HLH 68054 a
instrument. In counties with a population of 300,000 or more, a
senior citizens assessment freeze homestead exemption shall
not be granted for leasehold interests. This homestead
exemption shall also apply to a leasehold interest in a parcel
of property improved with a permanent structure that is a
single family residence that is occupied as a residence by a
person who (i) is 65 years of age or older during the taxable
year, (ii) has a household income that does not exceed the
maximum income limitation, (iii) has a legal or equitable
ownership interest in the property as lessee, and (iv) is
liable for the payment of real property taxes on that property.
In counties of 3,000,000 or more inhabitants, the amount of
the exemption for all taxable years is the equalized assessed
value of the residence in the taxable year for which
application is made minus the base amount. In all other
counties, the amount of the exemption is as follows: (i)
through taxable year 2005 and for taxable year 2007 and
thereafter, the amount of this exemption shall be the equalized
assessed value of the residence in the taxable year for which
application is made minus the base amount; and (ii) for taxable
year 2006, the amount of the exemption is as follows:
(1) For an applicant who has a household income of
$45,000 or less, the amount of the exemption is the
equalized assessed value of the residence in the taxable
year for which application is made minus the base amount.
(2) For an applicant who has a household income

09700HB5439ham003 - 23 - LRB097 17973 HLH 68054 a
exceeding $45,000 but not exceeding $46,250, the amount of
the exemption is (i) the equalized assessed value of the
residence in the taxable year for which application is made
minus the base amount (ii) multiplied by 0.8.
(3) For an applicant who has a household income
exceeding $46,250 but not exceeding $47,500, the amount of
the exemption is (i) the equalized assessed value of the
residence in the taxable year for which application is made
minus the base amount (ii) multiplied by 0.6.
(4) For an applicant who has a household income
exceeding $47,500 but not exceeding $48,750, the amount of
the exemption is (i) the equalized assessed value of the
residence in the taxable year for which application is made
minus the base amount (ii) multiplied by 0.4.
(5) For an applicant who has a household income
exceeding $48,750 but not exceeding $50,000, the amount of
the exemption is (i) the equalized assessed value of the
residence in the taxable year for which application is made
minus the base amount (ii) multiplied by 0.2.
When the applicant is a surviving spouse of an applicant
for a prior year for the same residence for which an exemption
under this Section has been granted, the base year and base
amount for that residence are the same as for the applicant for
the prior year.
Each year at the time the assessment books are certified to
the County Clerk, the Board of Review or Board of Appeals shall

09700HB5439ham003 - 24 - LRB097 17973 HLH 68054 a
give to the County Clerk a list of the assessed values of
improvements on each parcel qualifying for this exemption that
were added after the base year for this parcel and that
increased the assessed value of the property.
In the case of land improved with an apartment building
owned and operated as a cooperative or a building that is a
life care facility that qualifies as a cooperative, the maximum
reduction from the equalized assessed value of the property is
limited to the sum of the reductions calculated for each unit
occupied as a residence by a person or persons (i) 65 years of
age or older, (ii) with a household income that does not exceed
the maximum income limitation, (iii) who is liable, by contract
with the owner or owners of record, for paying real property
taxes on the property, and (iv) who is an owner of record of a
legal or equitable interest in the cooperative apartment
building, other than a leasehold interest. In the instance of a
cooperative where a homestead exemption has been granted under
this Section, the cooperative association or its management
firm shall credit the savings resulting from that exemption
only to the apportioned tax liability of the owner who
qualified for the exemption. Any person who willfully refuses
to credit that savings to an owner who qualifies for the
exemption is guilty of a Class B misdemeanor.
When a homestead exemption has been granted under this
Section and an applicant then becomes a resident of a facility
licensed under the Assisted Living and Shared Housing Act, the

09700HB5439ham003 - 25 - LRB097 17973 HLH 68054 a
Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act, or the ID/DD Community Care Act, the
exemption shall be granted in subsequent years so long as the
residence (i) continues to be occupied by the qualified
applicant's spouse or (ii) if remaining unoccupied, is still
owned by the qualified applicant for the homestead exemption.
Beginning January 1, 1997, when an individual dies who
would have qualified for an exemption under this Section, and
the surviving spouse does not independently qualify for this
exemption because of age, the exemption under this Section
shall be granted to the surviving spouse for the taxable year
preceding and the taxable year of the death, provided that,
except for age, the surviving spouse meets all other
qualifications for the granting of this exemption for those
years.
When married persons maintain separate residences, the
exemption provided for in this Section may be claimed by only
one of such persons and for only one residence.
For taxable year 1994 only, in counties having less than
3,000,000 inhabitants, to receive the exemption, a person shall
submit an application by February 15, 1995 to the Chief County
Assessment Officer of the county in which the property is
located. In counties having 3,000,000 or more inhabitants, for
taxable year 1994 and all subsequent taxable years, to receive
the exemption, a person may submit an application to the Chief
County Assessment Officer of the county in which the property

09700HB5439ham003 - 26 - LRB097 17973 HLH 68054 a
is located during such period as may be specified by the Chief
County Assessment Officer. The Chief County Assessment Officer
in counties of 3,000,000 or more inhabitants shall annually
give notice of the application period by mail or by
publication. In counties having less than 3,000,000
inhabitants, beginning with taxable year 1995 and thereafter,
to receive the exemption, a person shall submit an application
by July 1 of each taxable year to the Chief County Assessment
Officer of the county in which the property is located. A
county may, by ordinance, establish a date for submission of
applications that is different than July 1. The applicant shall
submit with the application an affidavit of the applicant's
total household income, age, marital status (and if married the
name and address of the applicant's spouse, if known), and
principal dwelling place of members of the household on January
1 of the taxable year. The Department shall establish, by rule,
a method for verifying the accuracy of affidavits filed by
applicants under this Section, and the Chief County Assessment
Officer may conduct audits of any taxpayer claiming an
exemption under this Section to verify that the taxpayer is
eligible to receive the exemption. Each application shall
contain or be verified by a written declaration that it is made
under the penalties of perjury. A taxpayer's signing a
fraudulent application under this Act is perjury, as defined in
Section 32-2 of the Criminal Code of 1961. The applications
shall be clearly marked as applications for the Senior Citizens

09700HB5439ham003 - 27 - LRB097 17973 HLH 68054 a
Assessment Freeze Homestead Exemption and must contain a notice
that any taxpayer who receives the exemption is subject to an
audit by the Chief County Assessment Officer.
Notwithstanding any other provision to the contrary, in
counties having fewer than 3,000,000 inhabitants, if an
applicant fails to file the application required by this
Section in a timely manner and this failure to file is due to a
mental or physical condition sufficiently severe so as to
render the applicant incapable of filing the application in a
timely manner, the Chief County Assessment Officer may extend
the filing deadline for a period of 30 days after the applicant
regains the capability to file the application, but in no case
may the filing deadline be extended beyond 3 months of the
original filing deadline. In order to receive the extension
provided in this paragraph, the applicant shall provide the
Chief County Assessment Officer with a signed statement from
the applicant's physician stating the nature and extent of the
condition, that, in the physician's opinion, the condition was
so severe that it rendered the applicant incapable of filing
the application in a timely manner, and the date on which the
applicant regained the capability to file the application.
Beginning January 1, 1998, notwithstanding any other
provision to the contrary, in counties having fewer than
3,000,000 inhabitants, if an applicant fails to file the
application required by this Section in a timely manner and
this failure to file is due to a mental or physical condition

09700HB5439ham003 - 28 - LRB097 17973 HLH 68054 a
sufficiently severe so as to render the applicant incapable of
filing the application in a timely manner, the Chief County
Assessment Officer may extend the filing deadline for a period
of 3 months. In order to receive the extension provided in this
paragraph, the applicant shall provide the Chief County
Assessment Officer with a signed statement from the applicant's
physician stating the nature and extent of the condition, and
that, in the physician's opinion, the condition was so severe
that it rendered the applicant incapable of filing the
application in a timely manner.
In counties having less than 3,000,000 inhabitants, if an
applicant was denied an exemption in taxable year 1994 and the
denial occurred due to an error on the part of an assessment
official, or his or her agent or employee, then beginning in
taxable year 1997 the applicant's base year, for purposes of
determining the amount of the exemption, shall be 1993 rather
than 1994. In addition, in taxable year 1997, the applicant's
exemption shall also include an amount equal to (i) the amount
of any exemption denied to the applicant in taxable year 1995
as a result of using 1994, rather than 1993, as the base year,
(ii) the amount of any exemption denied to the applicant in
taxable year 1996 as a result of using 1994, rather than 1993,
as the base year, and (iii) the amount of the exemption
erroneously denied for taxable year 1994.
For purposes of this Section, a person who will be 65 years
of age during the current taxable year shall be eligible to

09700HB5439ham003 - 29 - LRB097 17973 HLH 68054 a
apply for the homestead exemption during that taxable year.
Application shall be made during the application period in
effect for the county of his or her residence.
The Chief County Assessment Officer may determine the
eligibility of a life care facility that qualifies as a
cooperative to receive the benefits provided by this Section by
use of an affidavit, application, visual inspection,
questionnaire, or other reasonable method in order to insure
that the tax savings resulting from the exemption are credited
by the management firm to the apportioned tax liability of each
qualifying resident. The Chief County Assessment Officer may
request reasonable proof that the management firm has so
credited that exemption.
Except as provided in this Section, all information
received by the chief county assessment officer or the
Department from applications filed under this Section, or from
any investigation conducted under the provisions of this
Section, shall be confidential, except for official purposes or
pursuant to official procedures for collection of any State or
local tax or enforcement of any civil or criminal penalty or
sanction imposed by this Act or by any statute or ordinance
imposing a State or local tax. Any person who divulges any such
information in any manner, except in accordance with a proper
judicial order, is guilty of a Class A misdemeanor.
Nothing contained in this Section shall prevent the
Director or chief county assessment officer from publishing or

09700HB5439ham003 - 30 - LRB097 17973 HLH 68054 a
making available reasonable statistics concerning the
operation of the exemption contained in this Section in which
the contents of claims are grouped into aggregates in such a
way that information contained in any individual claim shall
not be disclosed.
(d) Each Chief County Assessment Officer shall annually
publish a notice of availability of the exemption provided
under this Section. The notice shall be published at least 60
days but no more than 75 days prior to the date on which the
application must be submitted to the Chief County Assessment
Officer of the county in which the property is located. The
notice shall appear in a newspaper of general circulation in
the county.
(e) In counties with a population of less than 300,000, a
senior citizens assessment freeze homestead exemption shall be
granted for leasehold property on which a single family
residence, townhome, condominium, or cooperative is located if
the single family residence, townhome, condominium, or
cooperative is occupied as the principal residence of a person
who (i) is 65 years of age or older during the taxable year,
(ii) has a household income that does not exceed the maximum
income limitation, (iii) has a legal or equitable ownership
interest in the property as lessee, and (iv) is liable for the
payment of real property taxes on that property and all of the
following conditions are met:
(1) a notarized application for the exemption must be

09700HB5439ham003 - 31 - LRB097 17973 HLH 68054 a
submitted each year during the application period in effect
for the county in which the property is located;
(2) a copy of the lease must be filed with the chief
county assessment officer by the owner of the property at
the time the notarized application is submitted;
(3) the lease must expressly state that the lessee is
liable for the payment of the property taxes; and
(4) the lease must expressly state that the lessee is
required to pay the property taxes out of the lessee's own
funds.
If there is a change in lessee, or if the lessee vacates
the property, then the owner of the property shall notify the
chief county assessment officer within 30 days after the
effective date of that change. Except as otherwise provided in
this subsection, an exemption shall not be granted under this
Section for leasehold interests in property containing
multiple dwelling units.
The requirements set forth in items (1) through (4) of this
subsection (e), and the requirement that the owner of the
property must notify the chief county assessment officer within
30 days after the effective date of a change in lessee, do not
apply (i) to leasehold interests in property owned by a
municipality and leased under a long-term 99-year lease with
the tenant or (ii) if the right to the leasehold exemption
pre-dates the effective date of this amendatory Act of the 97th
General Assembly through pre-existing federal law, State law,

09700HB5439ham003 - 32 - LRB097 17973 HLH 68054 a
or regulatory agreement.
Notwithstanding Sections 6 and 8 of the State Mandates Act,
no reimbursement by the State is required for the
implementation of any mandate created by this Section.
(Source: P.A. 96-339, eff. 7-1-10; 96-355, eff. 1-1-10;
96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12;
revised 9-12-11.)
(35 ILCS 200/15-175)
Sec. 15-175. General homestead exemption.
(a) Except as provided in Sections 15-176 and 15-177,
homestead property is entitled to an annual homestead exemption
limited, except as described here with relation to
cooperatives, to a reduction in the equalized assessed value of
homestead property equal to the increase in equalized assessed
value for the current assessment year above the equalized
assessed value of the property for 1977, up to the maximum
reduction set forth below. If however, the 1977 equalized
assessed value upon which taxes were paid is subsequently
determined by local assessing officials, the Property Tax
Appeal Board, or a court to have been excessive, the equalized
assessed value which should have been placed on the property
for 1977 shall be used to determine the amount of the
exemption.
(b) Except as provided in Section 15-176, the maximum
reduction before taxable year 2004 shall be $4,500 in counties

09700HB5439ham003 - 33 - LRB097 17973 HLH 68054 a
with 3,000,000 or more inhabitants and $3,500 in all other
counties. Except as provided in Sections 15-176 and 15-177, for
taxable years 2004 through 2007, the maximum reduction shall be
$5,000, for taxable year 2008, the maximum reduction is $5,500,
and, for taxable years 2009 and thereafter, the maximum
reduction is $6,000 in all counties. If a county has elected to
subject itself to the provisions of Section 15-176 as provided
in subsection (k) of that Section, then, for the first taxable
year only after the provisions of Section 15-176 no longer
apply, for owners who, for the taxable year, have not been
granted a senior citizens assessment freeze homestead
exemption under Section 15-172 or a long-time occupant
homestead exemption under Section 15-177, there shall be an
additional exemption of $5,000 for owners with a household
income of $30,000 or less.
(c) In counties with fewer than 3,000,000 inhabitants, if,
based on the most recent assessment, the equalized assessed
value of the homestead property for the current assessment year
is greater than the equalized assessed value of the property
for 1977, the owner of the property shall automatically receive
the exemption granted under this Section in an amount equal to
the increase over the 1977 assessment up to the maximum
reduction set forth in this Section.
(d) If in any assessment year beginning with the 2000
assessment year, homestead property has a pro-rata valuation
under Section 9-180 resulting in an increase in the assessed

09700HB5439ham003 - 34 - LRB097 17973 HLH 68054 a
valuation, a reduction in equalized assessed valuation equal to
the increase in equalized assessed value of the property for
the year of the pro-rata valuation above the equalized assessed
value of the property for 1977 shall be applied to the property
on a proportionate basis for the period the property qualified
as homestead property during the assessment year. The maximum
proportionate homestead exemption shall not exceed the maximum
homestead exemption allowed in the county under this Section
divided by 365 and multiplied by the number of days the
property qualified as homestead property.
(e) "Homestead property" under this Section includes
residential property that is occupied (i) by its owner or
owners as his or their principal dwelling place, or (ii) that
is a leasehold interest on which a single family residence is
situated, which is occupied as a residence by a person who has
a legal or equitable an ownership interest therein, legal or
equitable or as a lessee, and on which the person is liable for
the payment of property taxes. In counties with a population of
300,000 or more, a general homestead exemption shall not be
granted for leasehold interests. For land improved with an
apartment building owned and operated as a cooperative or a
building which is a life care facility as defined in Section
15-170 and considered to be a cooperative under Section 15-170,
the maximum reduction from the equalized assessed value shall
be limited to the increase in the value above the equalized
assessed value of the property for 1977, up to the maximum

09700HB5439ham003 - 35 - LRB097 17973 HLH 68054 a
reduction set forth above, multiplied by the number of
apartments or units occupied by a person or persons who is
liable, by contract with the owner or owners of record, for
paying property taxes on the property and is an owner of record
of a legal or equitable interest in the cooperative apartment
building, other than a leasehold interest. For purposes of this
Section, the term "life care facility" has the meaning stated
in Section 15-170.
"Household", as used in this Section, means the owner, the
spouse of the owner, and all persons using the residence of the
owner as their principal place of residence.
"Household income", as used in this Section, means the
combined income of the members of a household for the calendar
year preceding the taxable year.
"Income", as used in this Section, has the same meaning as
provided in Section 3.07 of the Senior Citizens and Disabled
Persons Property Tax Relief and Pharmaceutical Assistance Act,
except that "income" does not include veteran's benefits.
(f) In a cooperative where a homestead exemption has been
granted, the cooperative association or its management firm
shall credit the savings resulting from that exemption only to
the apportioned tax liability of the owner who qualified for
the exemption. Any person who willfully refuses to so credit
the savings shall be guilty of a Class B misdemeanor.
(g) Where married persons maintain and reside in separate
residences qualifying as homestead property, each residence

09700HB5439ham003 - 36 - LRB097 17973 HLH 68054 a
shall receive 50% of the total reduction in equalized assessed
valuation provided by this Section.
(h) In all counties, the assessor or chief county
assessment officer may determine the eligibility of
residential property to receive the homestead exemption and the
amount of the exemption by application, visual inspection,
questionnaire or other reasonable methods. The determination
shall be made in accordance with guidelines established by the
Department, provided that the taxpayer applying for an
additional general exemption under this Section shall submit to
the chief county assessment officer an application with an
affidavit of the applicant's total household income, age,
marital status (and, if married, the name and address of the
applicant's spouse, if known), and principal dwelling place of
members of the household on January 1 of the taxable year. The
Department shall issue guidelines establishing a method for
verifying the accuracy of the affidavits filed by applicants
under this paragraph. The applications shall be clearly marked
as applications for the Additional General Homestead
Exemption.
(i) In counties with fewer than 3,000,000 inhabitants, in
the event of a sale of homestead property the homestead
exemption shall remain in effect for the remainder of the
assessment year of the sale. The assessor or chief county
assessment officer may require the new owner of the property to
apply for the homestead exemption for the following assessment

09700HB5439ham003 - 37 - LRB097 17973 HLH 68054 a
year.
(j) In counties with a population of less than 300,000, an
exemption under this Section shall be granted for leasehold
property on which a single family residence, townhome,
condominium, or cooperative is located if the single family
residence, townhome, condominium, or cooperative is occupied
as the principal residence of a person who has a legal or
equitable ownership interest in the property as lessee and is
liable for the payment of real property taxes on that property
and all of the following conditions are met:
(1) a notarized application for the exemption must be
submitted each year during the application period in effect
for the county in which the property is located;
(2) a copy of the lease must be filed with the chief
county assessment officer by the owner of the property at
the time the notarized application is submitted;
(3) the lease must expressly state that the lessee is
liable for the payment of the property taxes; and
(4) the lease must expressly state that the lessee is
required to pay the property taxes out of the lessee's own
funds.
If there is a change in lessee, or if the lessee vacates
the property, then the owner of the property shall notify the
chief county assessment officer within 30 days after the
effective date of that change. Except as otherwise provided in
this subsection, an exemption shall not be granted under this

09700HB5439ham003 - 38 - LRB097 17973 HLH 68054 a
Section for leasehold interests in property containing
multiple dwelling units.
The requirements set forth in items (1) through (4) of this
subsection (j), and the requirement that the owner of the
property must notify the chief county assessment officer within
30 days after the effective date of a change in lessee, do not
apply (i) to leasehold interests in property owned by a
municipality and leased under a long-term 99-year lease with
the tenant or (ii) if the right to the leasehold exemption
pre-dates the effective date of this amendatory Act of the 97th
General Assembly through pre-existing federal law, State law,
or regulatory agreement.
(k) Notwithstanding Sections 6 and 8 of the State Mandates
Act, no reimbursement by the State is required for the
implementation of any mandate created by this Section.
(Source: P.A. 95-644, eff. 10-12-07.)
(35 ILCS 200/15-177)
Sec. 15-177. The long-time occupant homestead exemption.
(a) If the county has elected, under Section 15-176, to be
subject to the provisions of the alternative general homestead
exemption, then, for taxable years 2007 and thereafter,
regardless of whether the exemption under Section 15-176
applies, qualified homestead property is entitled to an annual
homestead exemption equal to a reduction in the property's
equalized assessed value calculated as provided in this

09700HB5439ham003 - 39 - LRB097 17973 HLH 68054 a
Section.
(b) As used in this Section:
"Adjusted homestead value" means the lesser of the
following values:
(1) The property's base homestead value increased by:
(i) 10% for each taxable year after the base year through
and including the current tax year for qualified taxpayers
with a household income of more than $75,000 but not
exceeding $100,000; or (ii) 7% for each taxable year after
the base year through and including the current tax year
for qualified taxpayers with a household income of $75,000
or less. The increase each year is an increase over the
prior year; or
(2) The property's equalized assessed value for the
current tax year minus the general homestead deduction.
"Base homestead value" means:
(1) if the property did not have an adjusted homestead
value under Section 15-176 for the base year, then an
amount equal to the equalized assessed value of the
property for the base year prior to exemptions, minus the
general homestead deduction, provided that the property's
assessment was not based on a reduced assessed value
resulting from a temporary irregularity in the property for
that year; or
(2) if the property had an adjusted homestead value
under Section 15-176 for the base year, then an amount

09700HB5439ham003 - 40 - LRB097 17973 HLH 68054 a
equal to the adjusted homestead value of the property under
Section 15-176 for the base year.
"Base year" means the taxable year prior to the taxable
year in which the taxpayer first qualifies for the exemption
under this Section.
"Current taxable year" means the taxable year for which the
exemption under this Section is being applied.
"Equalized assessed value" means the property's assessed
value as equalized by the Department.
"Homestead" or "homestead property" means residential
property that as of January 1 of the tax year is occupied by a
qualified taxpayer as his or her principal dwelling place, or
that is a leasehold interest on which a single family residence
is situated, that is occupied as a residence by a qualified
taxpayer who has a legal or equitable interest therein
evidenced by a written instrument, as an owner or as a lessee,
and on which the person is liable for the payment of property
taxes. In counties with a population of 300,000 or more, a
long-time occupant homestead exemption shall not be granted for
leasehold interests.Residential units in an apartment building
owned and operated as a cooperative, or as a life care
facility, which are occupied by persons who hold a legal or
equitable interest in the cooperative apartment building or
life care facility as owners or lessees, and who are liable by
contract for the payment of property taxes, are included within
this definition of homestead property. A homestead includes the

09700HB5439ham003 - 41 - LRB097 17973 HLH 68054 a
dwelling place, appurtenant structures, and so much of the
surrounding land constituting the parcel on which the dwelling
place is situated as is used for residential purposes. If the
assessor has established a specific legal description for a
portion of property constituting the homestead, then the
homestead is limited to the property within that description.
"Household income" has the meaning set forth under Section
15-172 of this Code.
"General homestead deduction" means the amount of the
general homestead exemption under Section 15-175.
"Life care facility" means a facility defined in Section 2
of the Life Care Facilities Act.
"Qualified homestead property" means homestead property
owned by a qualified taxpayer.
"Qualified taxpayer" means any individual:
(1) who, for at least 10 continuous years as of January
1 of the taxable year, has occupied the same homestead
property as a principal residence and domicile or who, for
at least 5 continuous years as of January 1 of the taxable
year, has occupied the same homestead property as a
principal residence and domicile if that person received
assistance in the acquisition of the property as part of a
government or nonprofit housing program; and
(2) who has a household income of $100,000 or less.
(c) The base homestead value must remain constant, except
that the assessor may revise it under any of the following

09700HB5439ham003 - 42 - LRB097 17973 HLH 68054 a
circumstances:
(1) If the equalized assessed value of a homestead
property for the current tax year is less than the previous
base homestead value for that property, then the current
equalized assessed value (provided it is not based on a
reduced assessed value resulting from a temporary
irregularity in the property) becomes the base homestead
value in subsequent tax years.
(2) For any year in which new buildings, structures, or
other improvements are constructed on the homestead
property that would increase its assessed value, the
assessor shall adjust the base homestead value with due
regard to the value added by the new improvements.
(d) The amount of the exemption under this Section is the
greater of: (i) the equalized assessed value of the homestead
property for the current tax year minus the adjusted homestead
value; or (ii) the general homestead deduction.
(e) In the case of an apartment building owned and operated
as a cooperative, or as a life care facility, that contains
residential units that qualify as homestead property of a
qualified taxpayer under this Section, the maximum cumulative
exemption amount attributed to the entire building or facility
shall not exceed the sum of the exemptions calculated for each
unit that is a qualified homestead property. The cooperative
association, management firm, or other person or entity that
manages or controls the cooperative apartment building or life

09700HB5439ham003 - 43 - LRB097 17973 HLH 68054 a
care facility shall credit the exemption attributable to each
residential unit only to the apportioned tax liability of the
qualified taxpayer as to that unit. Any person who willfully
refuses to so credit the exemption is guilty of a Class B
misdemeanor.
(f) When married persons maintain separate residences, the
exemption provided under this Section may be claimed by only
one such person and for only one residence. No person who
receives an exemption under Section 15-172 of this Code may
receive an exemption under this Section. No person who receives
an exemption under this Section may receive an exemption under
Section 15-175 or 15-176 of this Code.
(g) In the event of a sale or other transfer in ownership
of the homestead property between spouses or between a parent
and a child, the exemption under this Section remains in effect
if the new owner has a household income of $100,000 or less.
(h) In the event of a sale or other transfer in ownership
of the homestead property other than subsection (g) of this
Section, the exemption under this Section shall remain in
effect for the remainder of the tax year and be calculated
using the same base homestead value in which the sale or
transfer occurs.
(i) To receive the exemption, a person must submit an
application to the county assessor during the period specified
by the county assessor.
The county assessor shall annually give notice of the

09700HB5439ham003 - 44 - LRB097 17973 HLH 68054 a
application period by mail or by publication.
The taxpayer must submit, with the application, an
affidavit of the taxpayer's total household income, marital
status (and if married the name and address of the applicant's
spouse, if known), and principal dwelling place of members of
the household on January 1 of the taxable year. The Department
shall establish, by rule, a method for verifying the accuracy
of affidavits filed by applicants under this Section, and the
Chief County Assessment Officer may conduct audits of any
taxpayer claiming an exemption under this Section to verify
that the taxpayer is eligible to receive the exemption. Each
application shall contain or be verified by a written
declaration that it is made under the penalties of perjury. A
taxpayer's signing a fraudulent application under this Act is
perjury, as defined in Section 32-2 of the Criminal Code of
1961. The applications shall be clearly marked as applications
for the Long-time Occupant Homestead Exemption and must contain
a notice that any taxpayer who receives the exemption is
subject to an audit by the Chief County Assessment Officer.
(i-5) In counties with a population of less than 300,000,
an exemption under this Section shall be granted for leasehold
property on which a single family residence, townhome,
condominium, or cooperative is located if the single family
residence, townhome, condominium, or cooperative is occupied
as the principal residence of a qualified taxpayer who has a
legal or equitable ownership interest in the property as lessee

09700HB5439ham003 - 45 - LRB097 17973 HLH 68054 a
and is liable for the payment of real property taxes on that
property and all of the following conditions are met:
(1) a notarized application for the exemption must be
submitted each year during the application period in effect
for the county in which the property is located;
(2) a copy of the lease must be filed with the chief
county assessment officer by the owner of the property at
the time the notarized application is submitted;
(3) the lease must expressly state that the lessee is
liable for the payment of the property taxes; and
(4) the lease must expressly state that the lessee is
required to pay the property taxes out of the lessee's own
funds.
If there is a change in lessee, or if the lessee vacates
the property, then the owner of the property shall notify the
chief county assessment officer within 30 days after the
effective date of that change. Except as otherwise provided in
this subsection, an exemption shall not be granted under this
Section for leasehold interests in property containing
multiple dwelling units.
The requirements set forth in items (1) through (4) of this
subsection (i-5), and the requirement that the owner of the
property must notify the chief county assessment officer within
30 days after the effective date of a change in lessee, do not
apply (i) to leasehold interests in property owned by a
municipality and leased under a long-term 99-year lease with

09700HB5439ham003 - 46 - LRB097 17973 HLH 68054 a
the tenant or (ii) if the right to the leasehold exemption
pre-dates the effective date of this amendatory Act of the 97th
General Assembly through pre-existing federal law, State law,
or regulatory agreement.
(j) Notwithstanding Sections 6 and 8 of the State Mandates
Act, no reimbursement by the State is required for the
implementation of any mandate created by this Section.
(Source: P.A. 95-644, eff. 10-12-07.)".