Short title
Short title. This Act may be cited as the Affordable Housing Planning and Appeal Act. (Source: P.A. 93-595, eff. 1-1-04.)
Illinois · statute · 310 ILCS 67 · 12 active provisions
Short title. This Act may be cited as the Affordable Housing Planning and Appeal Act. (Source: P.A. 93-595, eff. 1-1-04.)
Findings. The legislature finds and declares that: (1) there exists a shortage of affordable, accessible, safe, and sanitary housing in the State; (2) it is imperative that action be taken to assure the availability of workforce and retirement housing; (3) local governments in the State that do not have sufficient affo…
Purpose. The purpose of this Act is to encourage counties and municipalities to incorporate affordable housing within their housing stock sufficient to meet the needs of their county or community. Further, affordable housing developers who believe that they have been unfairly treated due to the fact that the developmen…
Definitions. As used in this Act: "Affordable housing" means housing that has a value or cost or rental amount that is within the means of a household that may occupy moderate-income or low-income housing. In the case of owner-occupied dwelling units, housing that is affordable means housing in which mortgage, amortiza…
Determination of exempt local governments. (a) Beginning October 1, 2004, the Illinois Housing Development Authority shall determine which local governments are exempt and not exempt from the operation of this Act based on an identification of the total number of year-round housing units in the most recent data from th…
Affordable housing plan. (a) Prior to April 1, 2005, all non-exempt local governments must approve an affordable housing plan. Any local government that is determined by the Illinois Housing Development Authority under Section 20 to be non-exempt for the first time based on the recalculation of U.S. Census Bureau data…
Appeal to State Housing Appeals Board. (a) (Blank). (b) (Blank). (b-5) Beginning January 1, 2026, any of the following parties may file an appeal as an appellant to the State Housing Appeals Board against a non-exempt municipality if the proposed affordable housing development was denied by the municipality, or approve…
Nonresidential development as part of an affordable housing development. (a) An affordable housing developer who applies to develop property that contains nonresidential uses in a nonresidential zoning district must designate either at least 50% of the area or at least 50% of the square footage of the development for r…
Housing Appeals Board. (a) On and after the effective date of this amendatory Act of the 103rd General Assembly, the Housing Appeals Board consists of 7 members appointed by the Governor as follows: (1) a retired circuit judge, a retired appellate judge, a current or retired administrative law judge, or a practicing or…
Affordable housing for community college students. A non-exempt local government may develop affordable housing for community college students in coordination with a nonprofit affordable housing developer and the Housing Authority having jurisdiction of the area designated for the proposed affordable housing developmen…
Rulemaking authority. The Illinois Housing Development Authority shall adopt other rules and regulations as needed to carry out the Board's responsibilities under this Act and to provide direction to local governments and affordable housing developers. (Source: P.A. 94-303, eff. 7-21-05.)
Home rule application. Unless otherwise provided under this Act or otherwise in accordance with State law, a unit of local government, including a home rule unit, or any non-home rule county within the unincorporated territory of the county, may not regulate the activities described in this Act in a manner more restric…