Summary as Introduced
Amends the Affordable Housing Planning and Appeal Act. In provisions requiring non-exempt local governments to approve an affordable housing plan, provides that, in addition to other requirements, the affordable housing plan must consist of a description of any housing market conditions, infrastructure limitations, local government ordinances, local policies or practices that do not affirmatively further fair housing as defined in the federal Fair Housing Act, and other local factors that constrain the local government's ability to create and preserve affordable housing. Requires the plan to also include potential strategies to eliminate or mitigate the specified constraints. Provides that the plan must set forth certain benchmark goals for new affordable housing developments or redevelopments; as well as proposed timelines, within the first 24 months after the date upon which the affordable housing plan was adopted, for actions to implement the components of the affordable housing plan. Provides that no later than 36 months after adopting or updating an affordable housing plan, the local government shall submit a report to the Illinois Housing Development Authority summarizing actions taken to implement the current plan. Contains provisions concerning the review of affordable housing plans by the State Housing Appeals Board (Board); membership on the Board; and other matters.
Staff Analysis
Amends the Affordable Housing Planning and Appeal Act. In provisions requiring non-exempt local governments to approve an affordable housing plan, provides that, in addition to other requirements, the affordable housing plan must consist of a description of any housing market conditions, infrastructure limitations, local government ordinances, local policies or practices that do not affirmatively further fair housing as defined in the federal Fair Housing Act, and other local factors that constrain the local government's ability to create and preserve affordable housing. Requires the plan to also include potential strategies to eliminate or mitigate the specified constraints. Provides that the plan must set forth certain benchmark goals for new affordable housing developments or redevelopments; as well as proposed timelines, within the first 24 months after the date upon which the affordable housing plan was adopted, for actions to implement the components of the affordable housing plan. Provides that no later than 36 months after adopting or updating an affordable housing plan, the local government shall submit a report to the Illinois Housing Development Authority summarizing actions taken to implement the current plan. Contains provisions concerning the review of affordable housing plans by the State Housing Appeals Board (Board); membership on the Board; and other matters.
Senate Amendment 1: Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: In a provision concerning benchmarks a non-exempt local government must aim to accomplish under its affordable housing plan, provides that the local government shall aim to have a minimum of 15% (rather than 40%) of affordable housing within its jurisdiction. Removes a provision requiring affordable housing plans from local governments to be subject to review by the State Housing Appeals Board. Requires the Illinois Housing Development Authority (IHDA) to post each affordable housing plan submitted by a local government on the IHDA website. Restores a provision providing that a non-exempt local government may not enter into an intergovernmental agreement with any local government that contains more than 25% affordable housing. Changes the filing date from January 1, 2024 to January 1, 2026 upon which an affordable housing developer or municipal resident may appeal a municipality's decision to deny or impose conditions on a proposed affordable housing development. Replaces all references to "plaintiff" with "appellant". In provisions concerning the Housing Appeals Board, provides that on and after the effective date of the amendatory Act, the Housing Appeals Board shall consist of 5 members appointed by the Governor (rather than providing that prior to January 1, 2008, a Housing Appeals Board shall be created consisting of 7 members appointed by the Governor). In provisions concerning membership on the Board, provides that initial terms of 3 (rather than 4) members designated by the Governor under the amendatory Act shall be for 2 years; and that initial terms of 2 (rather than 3) members designated by the Governor under the amendatory Act shall be for one year. Provides that the terms of members serving on the Housing Appeals Board before the effective date of the amendatory Act expire on the effective date of the amendatory Act. In the definition of "affordable housing", removes language providing that the costs of parking, maintenance, or landlord-imposed fees, as provided by a municipality's regional planning commission, are to be included in the calculation of affordable housing. Redefines "exempt local government" to mean any local government in which at least 35% of its total year-round housing units are affordable, as determined by the Illinois Housing Development Authority or any municipality with a population under 2,500 (rather than "exempt local government" means any local government in which the percentage of its total year-round housing units that are affordable is greater than the 20th percentile of all local governments, as determined by the Illinois Housing Development Authority, or any municipality with a population under 1,000). Removes the definition of "high cost housing community" or "nonexempt local government".
House Amendment 1: Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes: Provides that to comply with the Act's affordable housing plan requirements, no later than 4 years (rather than 36 months) after adopting or updating an affordable housing plan the local government shall submit a report to the Illinois Housing Development Authority summarizing actions taken to implement the current plan. Restores the number of members on the State Housing Appeals Board to 7 (rather than reducing the number to 5). Provides that the Board shall include a retired circuit judge, a retired appellate judge, a current or retired administrative law judge, or a practicing or retired attorney with experience in the area of land use law or related field, who shall act as chairperson (rather than a current or retired circuit judge, appellate judge, administrative law judge, or attorney with experience in the area of land use law, who shall act as chairperson). Provides that 4 (rather than 3) of the Board members shall be selected from among certain categories. Includes an affordable housing developer among the possible selected members. Provides that at least 3 (rather than one) of the appointments shall be from a local government that is non-exempt under the Act. Provides that the initial terms of 4 (rather than 3 of the) members shall be for 2 years; and the initial terms of 3 (rather than 2 of the) members shall be for one year. Permits the following persons to file an appeal to the Board if a proposed affordable housing development was denied by a municipality or approved with conditions that in the appellant's judgment render the provision of affordable housing infeasible: (i) the affordable housing developer of the proposed affordable housing development; (ii) a person who would be eligible to apply for residency in the proposed affordable housing development; or (iii) a housing organization whose geographic focus area includes the municipality, or county if in an unincorporated area, where the proposed affordable housing development is located. Makes other changes.