Bill Text: IL HB5574 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Housing Authorities Act. Requires every housing authority to collect: (i) the number of applications submitted for admission to federally assisted housing; (ii) the number of applications submitted for admission to federally assisted housing by individuals with a criminal history record, if the authority is conducting criminal history records checks of applicants or other household members; (iii) the number of applications for admission to federally assisted housing that were denied on the basis of a criminal history record, if the housing authority is conducting criminal history records checks of applicants or other household members; and other matters. Requires the information to be submitted annually to the Illinois Criminal Justice Information Authority and to the General Assembly. Defines "criminal history record" and "criminal history report". Prohibits housing authorities from considering certain information when determining whether to rent or lease to an applicant for housing, including: (1) an arrest or detention; (2) criminal charges or indictments that do not result in a conviction; (3) a conviction that has been vacated, ordered, expunged, sealed, or impounded by a court; and other information. Requires housing authorities to create a system for the independent review of an applicant's criminal history in accordance with certain criteria. Sets forth when a housing authority may deny an application for housing because of the applicant's or another household member's criminal history record. Requires housing authorities to provide a housing applicant with written notice that details why the applicant was denied housing, including information on the applicant's right to an individualized criminal records assessment hearing regarding the authority's decision. Contains provisions on the criminal records assessment hearing process and other matters.

Spectrum: Partisan Bill (Democrat 29-0)

Status: (Introduced - Dead) 2020-06-23 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB5574 Detail]

Download: Illinois-2019-HB5574-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB5574 Introduced , by Rep. Delia C. Ramirez SYNOPSIS AS INTRODUCED:
310 ILCS 10/8.10a new
310 ILCS 10/8.23
310 ILCS 10/17 from Ch. 67 1/2, par. 17
310 ILCS 10/25 from Ch. 67 1/2, par. 25
310 ILCS 10/25.01 new
310 ILCS 10/25.02 new
Amends the Housing Authorities Act. Requires every housing authority to collect: (i) the number of applications submitted for admission to federally assisted housing; (ii) the number of applications submitted for admission to federally assisted housing by individuals with a criminal history record, if the authority is conducting criminal history records checks of applicants or other household members; (iii) the number of applications for admission to federally assisted housing that were denied on the basis of a criminal history record, if the housing authority is conducting criminal history records checks of applicants or other household members; and other matters. Requires the information to be submitted annually to the Illinois Criminal Justice Information Authority and to the General Assembly. Defines "criminal history record" and "criminal history report". Prohibits housing authorities from considering certain information when determining whether to rent or lease to an applicant for housing, including: (1) an arrest or detention; (2) criminal charges or indictments that do not result in a conviction; (3) a conviction that has been vacated, ordered, expunged, sealed, or impounded by a court; and other information. Requires housing authorities to create a system for the independent review of an applicant's criminal history in accordance with certain criteria. Sets forth when a housing authority may deny an application for housing because of the applicant's or another household member's criminal history record. Requires housing authorities to provide a housing applicant with written notice that details why the applicant was denied housing, including information on the applicant's right to an individualized criminal records assessment hearing regarding the authority's decision. Contains provisions on the criminal records assessment hearing process and other matters.
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A BILL FOR
HB5574 LRB101 19364 KTG 70412 b
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 17, 8.23, and 25 and by adding Sections
8.10a, 25.01, and 25.02 as follows:
(310 ILCS 10/8.10a new)
Sec. 8.10a. Criminal history record data.
(a) Every Authority organized under the provisions of this
Act shall collect the following:
(1) the number of applications submitted for admission
to federally assisted housing;
(2) the number of applications submitted for admission
to federally assisted housing by individuals with a
criminal history record, if the Authority is conducting
criminal history records checks of applicants or other
household members;
(3) the number of applications for admission to
federally assisted housing that were denied on the basis of
a criminal history record, if the Authority is conducting
criminal history records checks of applicants or other
household members;
(4) the number of criminal records assessment hearings

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requested by applicants for housing who were denied
federally assisted housing on the basis of a criminal
history records check; and
(5) the number of denials for federally assisted
housing that were overturned after a criminal records
assessment hearing.
(b) The information required in this Section shall be
disaggregated by the race, ethnicity, and sex of applicants for
housing. This information shall be reported to the Illinois
Criminal Justice Information Authority and shall be compiled
and reported to the General Assembly annually by the Illinois
Criminal Justice Information Authority. The Illinois Criminal
Justice Information Authority shall also make this report
publicly available, including on its website, without fee.
(310 ILCS 10/8.23)
Sec. 8.23. Notification to leaseholders of the prospective
presence of individuals with a felony conviction felons in
housing authority facilities; eviction.
(a) Immediately upon the receipt of the written
notification, from the Department of Corrections under
subsection (c) of Section 3-14-1 of the Unified Code of
Corrections, that an individual with a felony conviction a
felon intends to reside, upon release from custody, at an
address that is a housing facility owned, managed, operated, or
leased by the Authority, the Authority must provide written

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notification to the leaseholder residing at that address.
(b) The Authority may not evict the leaseholder described
in subsection (a) of this Section unless (i) federal law
prohibits the individual with a felony conviction from residing
at a housing facility owned, managed, operated, or leased by
the Authority and (ii) the Authority proves by a preponderance
of the evidence that the leaseholder had knowledge of and
consents to the individual's felon's intent to reside at the
leaseholder's address.
(Source: P.A. 91-506, eff. 8-13-99.)
(310 ILCS 10/17) (from Ch. 67 1/2, par. 17)
Sec. 17. Definitions. The following terms, wherever used or
referred to in this Act shall have the following respective
meanings, unless in any case a different meaning clearly
appears from the context:
(a) "Authority" or "housing authority" shall mean a
municipal corporation organized in accordance with the
provisions of this Act for the purposes, with the powers and
subject to the restrictions herein set forth.
(b) "Area" or "area of operation" shall mean: (1) in the
case of an authority which is created hereunder for a city,
village, or incorporated town, the area within the territorial
boundaries of said city, village, or incorporated town, and so
long as no county housing authority has jurisdiction therein,
the area within three miles from such territorial boundaries,

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except any part of such area located within the territorial
boundaries of any other city, village, or incorporated town;
and (2) in the case of a county shall include all of the county
except the area of any city, village or incorporated town
located therein in which there is an Authority. When an
authority is created for a county subsequent to the creation of
an authority for a city, village or incorporated town within
the same county, the area of operation of the authority for
such city, village or incorporated town shall thereafter be
limited to the territory of such city, village or incorporated
town, but the authority for such city, village or incorporated
town may continue to operate any project developed in whole or
in part in an area previously a part of its area of operation,
or may contract with the county housing authority with respect
to the sale, lease, development or administration of such
project. When an authority is created for a city, village or
incorporated town subsequent to the creation of a county
housing authority which previously included such city, village
or incorporated town within its area of operation, such county
housing authority shall have no power to create any additional
project within the city, village or incorporated town, but any
existing project in the city, village or incorporated town
currently owned and operated by the county housing authority
shall remain in the ownership, operation, custody and control
of the county housing authority.
(b-5) "Criminal history record" means a record of arrest,

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complaint, indictment, or any disposition arising therefrom.
(b-6) "Criminal history report" means any written, oral, or
other communication of information that includes criminal
history record information about a natural person that is
produced by a law enforcement agency, a court, a consumer
reporting agency, or a housing screening agency or business.
(c) "Presiding officer" shall mean the presiding officer of
the board of a county, or the mayor or president of a city,
village or incorporated town, as the case may be, for which an
Authority is created hereunder.
(d) "Commissioner" shall mean one of the members of an
Authority appointed in accordance with the provisions of this
Act.
(e) "Government" shall include the State and Federal
governments and the governments of any subdivisions, agency or
instrumentality, corporate or otherwise, of either of them.
(f) "Department" shall mean the Department of Commerce and
Economic Opportunity.
(g) "Project" shall include all lands, buildings, and
improvements, acquired, owned, leased, managed or operated by a
housing authority, and all buildings and improvements
constructed, reconstructed or repaired by a housing authority,
designed to provide housing accommodations and facilities
appurtenant thereto (including community facilities and
stores) which are planned as a unit, whether or not acquired or
constructed at one time even though all or a portion of the

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buildings are not contiguous or adjacent to one another; and
the planning of buildings and improvements, the acquisition of
property, the demolition of existing structures, the clearing
of land, the construction, reconstruction, and repair of
buildings or improvements and all other work in connection
therewith. As provided in Sections 8.14 to 8.18, inclusive,
"project" also means, for Housing Authorities for
municipalities of less than 500,000 population and for
counties, the conservation of urban areas in accordance with an
approved conservation plan. "Project" shall also include (1)
acquisition of (i) a slum or blighted area or a deteriorated or
deteriorating area which is predominantly residential in
character, or (ii) any other deteriorated or deteriorating area
which is to be developed or redeveloped for predominantly
residential uses, or (iii) platted urban or suburban 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 (iv) open unplatted
urban or suburban land necessary for sound community growth
which is to be developed for predominantly residential uses, or
(v) any other area where 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

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other impediments to the use of such area for predominantly
residential uses; (2) installation, construction, or
reconstruction of streets, utilities, and other site
improvements essential to the preparation of sites for uses in
accordance with the development or redevelopment plan; and (3)
making the land available for development or redevelopment by
private enterprise or public agencies (including sale, initial
leasing, or retention by the local public agency itself). If in
any city, village or incorporated town there exists a land
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 subparagraph (iii), (iv) or (v) of
paragraph 1 of the definition of "project" for the purpose of
development or redevelopment by private enterprise.
(h) "Community facilities" shall include lands, buildings,
and equipment for recreation or social assembly, for education,
health or welfare activities and other necessary utilities
primarily for use and benefit of the occupants of housing
accommodations to be constructed, reconstructed, repaired or
operated hereunder.
(i) "Real property" shall include lands, lands under water,
structures, and any and all easements, franchises and
incorporeal hereditaments and estates, and rights, legal and
equitable, including terms for years and liens by way of

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judgment, mortgage or otherwise.
(j) The term "governing body" shall include the city
council of any city, the president and board of trustees of any
village or incorporated town, the council of any city or
village, and the county board of any county.
(k) The phrase "individual, association, corporation or
organization" shall include any individual, private
corporation, limited or general partnership, limited liability
company, insurance company, housing corporation, neighborhood
redevelopment corporation, non-profit corporation,
incorporated or unincorporated group or association,
educational institution, hospital, or charitable organization,
and any mutual ownership or cooperative organization.
(l) "Conservation area", for the purpose of the exercise of
the powers granted in Sections 8.14 to 8.18, inclusive, for
housing authorities for municipalities of less than 500,000
population and for counties, means an area of not less than 2
acres in which the structures in 50% or more of the area are
residential having an average age of 35 years or more. Such an
area is not yet a slum or blighted area as defined in the
Blighted Areas Redevelopment Act of 1947, but such an area by
reason of dilapidation, obsolescence, deterioration or illegal
use of individual structures, overcrowding of structures and
community facilities, conversion of residential units into
non-residential use, deleterious land use or layout, decline of
physical maintenance, lack of community planning, or any

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combination of these factors may become a slum and blighted
area.
(m) "Conservation plan" means the comprehensive program
for the physical development and replanning of a "Conservation
Area" as defined in paragraph (l) embodying the steps required
to prevent such Conservation Area from becoming a slum and
blighted area.
(n) "Fair use value" means the fair cash market value of
real property when employed for the use contemplated by a
"Conservation Plan" in municipalities of less than 500,000
population and in counties.
(o) "Community facilities" means, in relation to a
"Conservation Plan", those physical plants which implement,
support and facilitate the activities, services and interests
of education, recreation, shopping, health, welfare, religion
and general culture.
(p) "Loan agreement" means any agreement pursuant to which
an Authority agrees to loan the proceeds of its revenue bonds
issued with respect to a multifamily rental housing project or
other funds of the Authority to any person upon terms providing
for loan repayment installments at least sufficient to pay when
due all principal of, premium, if any, and interest on the
revenue bonds of the Authority issued with respect to the
multifamily rental housing project, and providing for
maintenance, insurance, and other matters as may be deemed
desirable by the Authority.

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(q) "Multifamily rental housing" means any rental project
designed for mixed-income or low-income occupancy.
(Source: P.A. 94-793, eff. 5-19-06; 95-887, eff. 8-22-08.)
(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,
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

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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
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

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Department of State Police shall furnish pursuant to positive
identification, records of conviction to the Authority. An
Authority that requests a criminal history report of an
applicant or other household member shall inform the applicant
at the time of the request that the applicant or other
household member may provide additional mitigating information
for consideration with the application for housing.
(e-5) Criminal history record assessment. The Authority
shall use the following process when evaluating the criminal
history report of an applicant or other household member to
determine whether to rent or lease to the applicant:
(1) Unless required by federal law, the Authority shall
not consider the following information when determining
whether to rent or lease to an applicant for housing:
(A) an arrest or detention;
(B) criminal charges or indictments, and the
nature of any disposition arising therefrom, that do
not result in a conviction;
(C) a conviction that has been vacated, ordered,
expunged, sealed, or impounded by a court;
(D) matters under the jurisdiction of the Illinois
Juvenile Court;
(E) the amount of time since the applicant or other
household member completed his or her sentence in
prison or jail or was released from prison or jail; or
(F) convictions occurring more than 180 days prior

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to the date the applicant submitted his or her
application for housing.
(2) The Authority shall create a system for the
independent review of criminal history reports:
(A) the reviewer shall examine the applicant's or
other household member's criminal history report and
report only those records not prohibited under
paragraph (1) to the person or persons making the
decision about whether to offer housing to the
applicant; and
(B) the reviewer shall not participate in any final
decisions on an applicant's application for housing.
(3) The Authority may deny an applicant's application
for housing because of the applicant's or another household
member's criminal history record, only if the Authority:
(A) determines that the denial is required under
federal law; or
(B) determines that there is a direct relationship
between the applicant or the other household member's
criminal history record and a risk to the health,
safety, and peaceful enjoyment of fellow tenants. The
mere existence of a criminal history record does not
demonstrate such a risk.
(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

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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
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

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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.)
(310 ILCS 10/25.01 new)
Sec. 25.01. Notification. Before denying an applicant's
housing application based, in whole or in part, on a criminal
history record permitted under this Act, the Authority shall
provide the opportunity for an individual assessment. The
applicant for housing shall be provided with a clear, written
notice that:
(1) explains why the Authority has determined that the
criminal history report it obtained requires further
review, including detailed information on whether the need
for further review is based on federal law or on the
Authority's determination that the criminal history record
of the applicant or other household member indicates a risk
to the health, safety, or peaceful enjoyment of housing for
other residents;
(2) identifies the specific conviction or convictions
upon which the Authority relied upon when making its
decision to deny the applicant's housing application;
(3) explains that the applicant has a right to an
individualized criminal records assessment hearing

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regarding the Authority's decision to deny the applicant's
housing application, as set forth in Section 25.02;
(4) provides clear instructions on what to expect
during an individualized criminal records assessment
hearing, as set forth in Section 25.02;
(5) explains that if the applicant chooses not to
participate in an individualized criminal records
assessment hearing, the applicant's application will be
denied; and
(6) provides a copy of the criminal history report the
Authority used to make its determination.
(310 ILCS 10/25.02 new)
Sec. 25.02. Criminal records assessment hearing.
(a) An applicant has the right to an individualized
criminal records assessment hearing if the applicant's
application for housing requires further review because of the
applicant's or another household member's criminal history
record. The individualized criminal records assessment hearing
shall allow the applicant or other household member to:
(1) contest the accuracy of the criminal history
record;
(2) contest the relevance of the criminal history
record to the Authority's decision to deny the applicant's
application for housing; and
(3) provide mitigating evidence concerning the

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applicant's or other household member's criminal
conviction or evidence of rehabilitation.
(b) The Authority shall not rent or lease to any other
person the available housing unit that is the subject of the
applicant's individualized criminal records assessment hearing
until after the Authority has issued a final ruling.
(c) The Authority shall adopt rules for criminal records
assessment hearings in accordance with Article 10 of the
Illinois Administrative Procedure Act.