All Housing Legislation - Illinois

$SUPP-MEDICAL EXP-EXTENSION Amends Public Act 95-348, which made appropriations for FY2008, by repealing several Articles and Sections. Makes appropriations from GRF to the Comptroller to pay outstanding vouchers related to medical expenses. Makes appropriations to the Secretary of State for soil and water conservation grants. Makes appropriations to the University of Illinois for the State Cooperative Extension Service. Effective immediately.  Judicial Note (Admin. Office of the Ill. Courts) Would neither increase nor decrease the number of judges needed in the State.  Fiscal Note (Office of the Secretary of State) The fiscal impact is unknown at this time, but this bill would [...]

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$DEPT AGING Appropriates $6,000,000 from the Rental Housing Support Program Fund to the Department of Revenue for rental assistance and long-term operating support by the Rental Housing Support Program, administered by the Illinois Housing Development Authority. Effective July 1, 2008. House Amendment No. 2 Replaces everything after the enacting clause with substantially similar provisions, appropriating $6,000,000 from the Rental Housing Support Program Fund to the Department of Revenue for rental assistance and long-term operating support by the Rental Housing Support Program, administered by the Illinois Housing Development Authority, except (1) provides that this appropriation is in addition to any other amounts appropriated for this purpose and (2) changes the effective date from July 1, 2008 to “upon becoming law”. Senate Committee Amendment No. 1 Deletes everything after the enacting clause. Appropriates $2 from the General Revenue Fund [...]

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IHDA-HOME PROTECTION PILOT Creates the Home Protection Pilot Program Act. Requires the Illinois Housing Development Authority to implement a pilot program to assist Illinois workers who have lost jobs as a result of changing economic conditions in Illinois when those workers are in need of assistance to avoid losing their homes to foreclosure. Provides that the Program shall include counties selected at the discretion of the Authority on the basis of increased rates of foreclosure, actual foreclosure filings, unemployment, the need of local counseling agencies for increased capacity to serve clients in need of assistance to avoid losing their homes to foreclosure, the availability of funding, and other factors the Authority determines to be relevant. Provides for loans to homeowners secured by liens on residential real property located in Illinois, and prohibits a mortgagee from engaging in certain conduct upon a mortgagor's filing of an application for loan assistance. Sets [...]

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STATE GOVERNMENT-TECH Creates the Illinois Community Capital Development Act. Contains only a short title provision. House Amendment No. 1 Deletes everything after the enacting clause. Creates the Community Capital Development Act. Requires the State Treasurer to make one billion dollars from the General Revenue Fund available for deposit in eligible Illinois banks that must make lines of credit available to community-based non-profit organizations. Sets criteria for participating banks and non-profit organizations and sets caps on deposit and credit line amounts. Effective immediately.  Judicial Note, House Amendment No. 1 (Admin Office of the Illinois Courts) Based on a review of the bill, it has been determined that HB 5755 (H-AM 1) would neither increase nor decrease the number of judges needed in the State.

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IHDA-FORECLOSURE COUNSELING Amends the Illinois Housing Development Act. Provides that the Illinois Housing Development Authority shall establish and administer a foreclosure prevention counseling program and shall use moneys in the Foreclosure Prevention Counseling Fund and funds appropriated for that purpose to make grants to HUD-certified counseling agencies for home-ownership education and foreclosure prevention counseling. Amends the State Finance Act. Creates the Foreclosure Prevention Counseling Fund and provides for allocation of moneys in the Fund. Provides for the payment of license fees of $3,700 annually, including the foreclosure prevention surcharge (instead of $2,700 annually). Amends the Residential Mortgage License Act of 1987. Provides that an application for a license or a license renewal on or after July 1, 2008, shall include payment of a foreclosure prevention surcharge of $1,000. Provides that the surcharge proceeds shall be deposited into the Foreclosure [...]

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CD CORR-ILLEGAL ALIENS Amends the Unified Code of Corrections. Provides that upon admission of a committed person to a facility of the Department of Corrections or to a facility of the Department of Juvenile Justice and upon the discharge of such person from either such Department, each such Department, if it suspects that such person is an alien of the United States who is unlawfully present within the United States in violation of the federal Immigration and Nationality Act shall notify the Department of Homeland Security, U.S. Immigration and Customs Enforcement (ICE) of the admission or discharge of such alien from the facility. House Amendment No. 1 Provides that neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any rulemaking authority under the amendatory Act, but that the Governor may suggest rules by filing them with the General Assembly and requesting that the General Assembly authorize such rulemaking by [...]

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LEAD POISONING-WARNINGS-VIOL Amends the Lead Poisoning Prevention Act. Provides that no person, firm, or corporation shall sell, have, offer for sale, or transfer toys, furniture, clothing, accessories, jewelry, decorative objects, edible items, candy, food, dietary supplements, or other articles used by or intended to be chewable by children that contain a total lead content in any component part of the item that is more than 0.004% (40 parts per million) by total weight unless that item bears a warning statement that indicates that at least one component part of the item contains lead. Provides that an entity is not required to separately warn each exposed individual. Provides that an entity is in compliance with the provision if the warning statement is provided by general methods such as on a label on the immediate container of any consumer product, posting of notices in public places in prominent locations, placing notices in public news media, and the like, provided that [...]

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IHDA-FORECLOSURE COUNSELING Amends the Illinois Housing Development Act. Provides that the Illinois Housing Development Authority shall establish and administer a foreclosure prevention counseling program and shall use moneys in the Foreclosure Prevention Counseling Fund and funds appropriated for that purpose to make grants to HUD-certified counseling agencies for home-ownership education and foreclosure prevention counseling. Amends the State Finance Act. Creates the Foreclosure Prevention Counseling Fund and provides for allocation of moneys in the Fund. Provides for the payment of license fees of $3,700 annually, including the foreclosure prevention surcharge (instead of $2,700 annually). Amends the Residential Mortgage License Act of 1987. Provides that an application for a license or a license renewal on or after July 1, 2008, shall include payment of a foreclosure prevention surcharge of $1,000. Provides that the surcharge proceeds shall be deposited into the Foreclosure [...]

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PENSION-CHI LABOR-DISAB OFFSET Amends the Chicago Laborers Article of the Illinois Pension Code. With respect to certain duty and ordinary disability benefits and widow's compensation and supplemental benefits payable by the Fund, replaces existing provisions relating to the offset of amounts received under the Workers' Compensation Act or Workers' Occupational Diseases Act or related settlements with new provisions applying to those offsets and the administration, commencement, and amount of those benefits. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately. House Amendment No. 1 Adds reference to: 40 ILCS 5/3-110.8

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LEAD-HZRD HOUSING REGISTRY Amends the Lead Poisoning Prevention Act. Provides that the Department of Public Health shall create, maintain, and make available to the public a Hazardous Housing Registry that will provide information regarding all properties within the State for which a mitigation notice has been issued pursuant to this Act. Provides that the property shall remain on the registry until the Department issues a certificate of compliance. Sets forth the specific requirements for information that shall be made available for properties included on the registry. Provides that the Department shall make the Hazardous Housing Registry available on its Internet website, accessible through a link on the Department's home page or first entry point. Provides that the Department shall include the required information for all housing for which a mitigation notice was issued prior to the effective date of the Act. Provides that the Lead-Safe Housing Advisory Council shall develop [...]

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LONG TERM CARE FACILITIES INFO Amends the Illinois Act on the Aging, the Assisted Living and Shared Housing Act, the Nursing Home Care Act, the Illinois Public Aid Code, and the Consumer Fraud and Deceptive Business Practices Act. Requires that each licensed long term care facility, assisted living or shared housing establishment, and supportive living facility complete and file with the Office of State Long Term Care Ombudsman a Consumer Choice Information Report on a form developed by the Office with the collaboration of the Attorney General. Specifies the contents of the Report. Requires that an initial Report be filed by July 1, 2009. Requires that subsequent Reports be filed at least annually and that verification of completion and filing must be included in the facility’s or establishment’s inspection. Specifies the various means by which the Office must make the information in the Reports available to the public. Provides that a violation of the reporting requirement is [...]

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MUNI CD ANNEXATION RR UTILITY Amends the Illinois Municipal Code. Provides that any unincorporated territory containing 60 acres or less may be annexed by any municipality by which it is bounded if it is wholly bounded by one or more municipalities in a county with a population of more than 800,000 inhabitants and less than 2,000,000 inhabitants and a railroad or operating property, as defined in the Property Tax Code, being immediately adjacent to, but exclusive of the property. Provides that railroad property shall not be subject to the zoning or jurisdiction of the municipality annexing the territory, nor shall the utility property be included for purposes of calculating the territory annexed. Provides that lands used for agricultural purposes or to produce agricultural goods may not be annexed under certain provisions of the Section. Effective immediately.  Fiscal Note (Dept. of Commerce & Economic Opportunity)

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FORCIBLE ENTRY MORATORIUM Amends the Code of Civil Procedure. Provides that no forcible entry action may be filed against an occupant of a single family residence or apartment before January 1, 2010 if the tenant makes timely current rent payments. Provides that nothing in this provision prohibits filing a complaint for past due rent. Effective immediately. Senate Committee Amendment No. 1 Further amends the Code of Civil Procedure. Replaces most of the bill with similar provisions that provide that no forcible entry action may be filed against a person who occupies of a single family residence, apartment, condominium unit, or dwelling unit before January 1, 2010 if the person paid the current month's rent and is lawfully in possession and the only default that the complaint would allege is overdue rent. Provides that nothing in the added provisions prohibits filing a complaint for overdue rent or for possession based upon grounds other than overdue rent. Provides [...]

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NURSING HOMES-LIABILITY INSUR Amends the Nursing Home Care Act and the State Mandates Act. Provides that no person may establish or operate a nursing home in Illinois unless and until he or she provides to the Department of Public Health proof of liability insurance coverage in an amount not less than $1,000,000 per occurrence. Requires the Department to deny, suspend, revoke, or refuse to renew a license for failure to maintain liability insurance coverage. Provides that failure to maintain such liability insurance coverage during the term of a facility's license is a Type "A" violation under the Act. Provides that the Director of Public Health may not grant a waiver of a facility's compliance with the requirement to maintain liability insurance coverage. Provides that information concerning a facility's liability insurance coverage is subject to disclosure to the public. Makes other changes with respect to liability insurance coverage. Provides that a licensee shall pay 3 times [...]

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RESID LANDLORD TENANT COURT Amends the Counties Code. Provides that a county board may establish a residential landlord-tenant court and make appropriations to operate it. Provides that this authorization is not a limitation on or a prohibition of the exercise of a home rule county's powers. Amends the Circuit Courts Act. Provides that the chief judge of a judicial circuit may establish a residential landlord-tenant court in a county if the county board has approved the establishment of such a court. Provides that the chief judge may appoint to this court licensed attorneys as hearing officers to preside over cases, take evidence, and report findings of fact and legal conclusions to a judge and these shall constitute a part of the proceedings upon which a judge makes rulings. Amends the Code of Civil Procedure. Provides that in actions filed for repossession due to illegal drug use on the premises, an emergency housing eviction, or voiding a lease for use of the premises in furtherance [...]

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MANUFACTURED HOUSING BUYERS Creates the Manufactured Housing Buyer Protection Act. Provides that, if, after a reasonable number of attempts, the seller of a manufactured housing unit is unable to conform the manufactured housing unit to any of its applicable express warranties, then the manufacturer must either provide the consumer with a new manufactured housing unit of like model line, if available, or otherwise a comparable manufactured housing unit as a replacement, or accept the return of the manufactured housing unit from the consumer and refund to the consumer the full purchase price or lease cost of the new manufactured housing unit, including all collateral charges, less a reasonable allowance for consumer use of the manufactured housing unit, but only when the consumer has first resorted to an informal settlement procedure applicable to such disputes. Provides that persons electing to proceed and settle under the Act are barred from a separate cause of action under [...]

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RAILROAD POLICE-MISCONDUCT Amends the Railroad Police Act. Requires allegations of abuse of authority or misconduct by members of a railroad police force to be investigated by the Illinois State Police. Amends the Illinois Vehicle Code. Exempts elected representatives of rail employers from the restrictions concerning trespassing on railroad property. Provides that the listed persons shall be exempt from the restrictions while performing required duties in accordance with reasonable rail carrier company guidelines, engaging in safety inspections, or exercising a right under the federal Railway Labor Act (instead of only while performing required duties in accordance with reasonable rail carrier company guidelines). House Amendment No. 1 Adds reference to: 20 ILCS 2605/2605-585 new

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ASSISTED LIVING-ADVISORY BOARD Amends the Assisted Living and Shared Housing Act. Provides that the Assisted Living and Shared Housing Standards and Quality of Life Advisory Board shall give advice to the Director of Aging (instead of the Department of Public Health) concerning the activities of the assisted living ombudsman, and makes other changes concerning the Board's advice. Provides that the State Ombudsman, or his or her designee, shall serve as a nonvoting member of the Board. Provides that a quorum shall consist of a majority of those members appointed by the Director of Public Health, and eliminates a provision requiring the affirmative vote of 10 Board members for Board action. Provides that within 30 days after the effective date of this amendatory Act, the Director of Public Health shall call a meeting of the Board for the purpose of establishing a process and timetable for the review of the provisions of the Act and all administrative rules relevant to the implementation [...]

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CONDO-DISTRESSED PROPERTY Amends the Condominium Property Act. Provides procedures for addressing distressed condominium property that is a danger, blight, or nuisance to the surrounding community or the public and that is substantially unoccupied, without utilities, or in a serious negative condition. Provides a definition of "distressed condominium property". Provides that a municipality may file a petition in the circuit court and that if the court finds that a property is a distressed condominium property, the court may appoint a receiver to manage the property. Provides also that if a court finds that the property is not viable as a condominium, the court may deem that the entire property is owned in common by the unit owners and may authorize the receiver to sell the entire property without the consent of the unit owners. Provides that if the receiver sells the property pursuant to court authorization, the sale proceeds shall be paid to unit owners according to their respective [...]

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SAFE HOUSING-BUILDING STANDRDS Creates the Safe Housing Act. Provides that every permanent dwelling unit in the State must be constructed in accordance with the building code or codes adopted by the municipality or county in which the unit is located. Provides that if a permanent dwelling unit is not located in a municipality or county that has adopted a building code, it must at least have a foundation that meets certain standards. Requires that a permanent dwelling unit be inspected by the municipality or county in which it is located to determine compliance with the applicable standards. Provides that a person who permits a permanent dwelling unit to be occupied without meeting the requirements of the Act is subject to a civil penalty. Provides that the Act applies to every permanent dwelling unit in the State with respect to which construction is begun on or after the effective date of the Act, except that the Act does not apply to any permanent dwelling unit located in Chicago.[...]

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HOMEOWNER EMERG ASSISTANCE Creates the Illinois Homeowner's Emergency Assistance Program Act. Contains provisions concerning the powers and duties of the Illinois Housing Development Authority with respect to the Act. Contains provisions concerning the eligibility of a homeowner for assistance under the Act. Contains provisions concerning the assistance payments for eligible homeowners. Contains provisions concerning funding for the program. Provides that the Act is repealed on January 1, 2010. Effective immediately. Senate Committee Amendment No. 1 Makes a technical change in a provision concerning assistance payments. House Amendment No. 1 Replaces everything after the enacting clause. Creates the Illinois Homeowner's Emergency Assistance Program Act. Contains provisions concerning the powers and duties of the Illinois Housing Development Authority with respect to the Act, the eligibility of a homeowner for assistance under the Act, the assistance [...]

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SCH CD/JUV CT-RESIDNT FACILITY Amends the School Code and the Juvenile Court Act of 1987. Makes changes relating to the residency of pupils in residential facilities and the payment of costs in provisions of the School Code concerning tuition for non-resident pupils, residency and the payment of tuition, determining the resident district with respect to children with disabilities, and special education classes for children from orphanages, foster family homes, children's homes, or in-State housing units and a provision of the Juvenile Court Act of 1987 concerning sentencing orders. Provides that certain of these changes apply to all placements in effect on July 1, 2007 and all placements thereafter. Contains a severability clause. Effective immediately. Senate Floor Amendment No. 1 Deletes reference to: 105 [...]

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IHDA-HOUSNG LOAN-DISABLED KIDS Amends the Illinois Housing Development Act. Provides that, subject to appropriations for that purpose, the Illinois Housing Development Authority may make, purchase, or participate in mortgage loans to parents of children with disabilities to finance the purchase of residential real property. Provides that loans shall be secured as determined by the Authority and may be in a principal amount, bear interest at a rate, have other terms and conditions, and be repaid within a period as the Authority determines. House Amendment No. 1 Provides that neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any rulemaking authority under the amendatory Act, but that the Governor may suggest rules by filing them with the General Assembly and requesting that the General Assembly authorize such rulemaking by law, enact the suggested rules into law, or take other appropriate action in the General Assembly's [...]

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IHDA-HOUSING STABILZATION LOAN Creates the Housing Stabilization Act. Directs the Illinois Housing Development Authority to establish and administer a program under which the State shall guarantee refinancing loans to homeowners who are either in foreclosure or at risk of being in foreclosure. Provides that the State shall guarantee these loans for 5 years, at which time, if the homeowner is current and has not gone more than 30 days past-due more than 3 times during the first 60 months of the refinancing of his or her mortgage, the State's responsibility to guarantee the loan shall cease. Provides that if at the end of 5 years the homeowner is not current or has gone 30 days past-due more than 3 times, the State shall continue to guarantee the loan for an additional 36 months. Provides for a State guarantee of up to $3,000,000,000 each year for 3 years. Sets forth qualifications for homeowners and banks to participate in the program and other features of the program. Effective [...]

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LEAD POISONING-CLEAN WIN PGM Creates the Comprehensive Lead Education, Reduction, and Window Replacement Act. Creates the Comprehensive Lead Education, Reduction, and Window Replacement (CLEAR-WIN) Program to assist residential property owners through loan and grant programs to reduce lead paint hazards through window replacement in pilot area communities. Provides that subject to appropriation, the Department of Public Health, in cooperation with the Advisory Council, shall establish and operate the CLEAR-WIN Program in 2 pilot area communities selected by the Department with advice from the Advisory Council. Provides that the Department shall be responsible for administering the CLEAR-WIN grant program. Sets forth the specific requirements for the administration of the CLEAR-WIN grant program, including the qualifications for receiving a grant through the program. Provides that within 6 months after the effective date of the Act, the Advisory Council shall recommend to the [...]

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CREDIT UNION ACT-MARKETING Amends the Illinois Credit Union Act. Provides that under specified circumstances, a credit union may determine its historical loss rate using a defined period of time of less than 5 years in determining the appropriate balance in the allowance for loan losses account. Allows a credit union to sell to persons within its field of membership negotiable checks, to sell checks and money orders, and to receive international and domestic electronic fund transfers for such persons for a fee. Allows credit unions to make first mortgage real estate loans for more than the estimated market value or appraised value of the real estate securing the loans where secured in full or in part by the insurance or guarantee of the federal government, a state government, or any political subdivision of either. Adds provisions concerning credit contracts. Effective immediately. House Amendment No. 1 Deletes [...]

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ASSISTED LIVING-2 YEAR LICENSE Amends the Assisted Living and Shared Housing Act. Provides that for assisted living or shared housing establishments granted a 2-year license, the Department of Public Health shall conduct an on-site review every 2 years (instead of annually). Requires revocation of a 2-year license and replacement with a one-year license if a licensee has admitted or retained a resident in violation of provisions of the Act concerning residency requirements in the preceding 24 months. Effective immediately. House Amendment No. 1 Adds reference to: 210 ILCS 9/110 Further amends the Assisted Living and Shared Housing Act. Provides that for establishments granted a 2-year license under the Act, the Department [...]

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MUNI CD- DISCONNECTION Amends the Municipal Code. Provides that territory may not be disconnected from the municipality unless at least 25% of the boundary of the territory is located on the border of the municipality (now, territory may not be disconnected unless the territory is located on the border of the municipality). Provides that territory may not be disconnected if zoning and public health ordinances (instead of zoning ordinances only) will be unreasonably disrupted. Requires public notice of a petition to disconnect. Provides that taxpayers may appear and defend against the petition. Provides that the petition shall be denied if the court finds that the future development of the property may be inconsistent with the municipality's comprehensive land use plan or inconsistent with the trend of development. Provides that land that has been disconnected shall not be subdivided into lots and blocks within 5 years (instead of 1 year) from the date of disconnection. Effective [...]

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