There is a newer version of the Illinois Compiled Statutes
2005 Illinois Code - Chapter 310 Housing 310 ILCS 10/ Housing Authorities Act.
(310 ILCS 10/1) (from Ch. 67 1/2, par. 1)
Sec. 1.
This Act shall be known as the "Housing Authorities Act".
(Source: Laws 1933‑34, Third Sp. Sess., p. 159.)
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(310 ILCS 10/2) (from Ch. 67 1/2, par. 2)
Sec. 2.
It is hereby declared as a matter of legislative
determination that in order to promote and protect the health, safety,
morals and welfare of the public, it is necessary in the public interest
to provide for the creation of municipal corporations to be known as
housing authorities, and to confer upon and vest in these housing
authorities all powers necessary or appropriate in order that they may
engage in low‑rent housing and slum clearance projects, and provide
rental assistance, and undertake land assembly, clearance,
rehabilitation, development, and redevelopment projects as will tend to
relieve the shortage of decent, safe, affordable, and sanitary
dwellings; and that the powers herein conferred upon the housing
authorities including the power to acquire and dispose of
improved or unimproved property, to remove unsanitary or substandard
conditions, to construct and operate housing accommodations, to regulate
the maintenance of housing projects and to borrow, expend, loan, invest,
and repay monies for the purposes herein set forth, are public objects
and governmental functions essential to the public interest.
It is further declared as a matter of legislative determination that
the crucial affordable housing shortage which continues to prevail
throughout the State has contributed and will continue to contribute
materially toward an increase in crime, juvenile delinquency, infant
mortality, drug abuse, drug disability and disease; that by reason thereof
it has become a social and economic imperative to broaden the powers of
housing authorities with respect to the acquisition of property, the
construction of housing accommodations, the provision of rental assistance
and the assembly, clearance and sale or other disposition of property
acquired for development or redevelopment by persons, firms and
corporations; that the provisions of this Act are grounded in public
necessity and predicated upon serious emergency conditions requiring
immediate consideration and action, and that this amendatory Act embraces
public objects and governmental functions essential to the public interest.
It is further declared that in municipalities of less than 500,000
population further stimulus must be provided for the conservation of
urban areas and the prevention of slums if the public interest
objectives of the Urban Community Conservation Act, are to be secured; that
in these municipalities housing authorities should be authorized to
initiate, plan, study and execute urban conservation projects as an
alternative mechanism to that provided in the Urban Community Conservation
Act; that unless this authority is so delegated there is a serious and
substantial risk that many urban areas will deteriorate into actual slum
and blight areas; and that to prevent the occurrence of these conditions
and the social evils attendant thereon, and to protect and conserve the
public interest, the provisions of this amendatory Act are necessary.
(Source: P.A. 87‑200.)
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(310 ILCS 10/3) (from Ch. 67 1/2, par. 3)
Sec. 3.
The governing body of any city, village or incorporated town
having more than 25,000 inhabitants, or of any county of this State,
may, by resolution, determine that there is need for a housing authority
in the city, village, incorporated town or county. Upon adoption, the
resolution shall be forwarded to the Department together with a statement
of reasons or findings supporting the resolution. The Department shall
thereupon issue a certificate to the presiding officer of the city,
village, incorporated town or county for the creation of an authority if it
shall find (a) that unsanitary or unsafe inhabited dwelling accommodations
exist in the city, village, incorporated town or county, and (b) that there
is a shortage of safe or sanitary and affordable dwelling accommodations in
the city, village, incorporated town or county available to persons who
lack the amount of income which is necessary (as determined by the
Department) to enable them without financial assistance to live in decent,
safe and sanitary and affordable dwellings without over‑crowding. In
determining whether dwelling accommodations are unsafe or unsanitary the
Department may take into consideration the degree of over‑crowding, the
percentage of land coverage, the light, air, space and access available to
the inhabitants of such dwelling accommodations, the size and arrangement
of the rooms, the sanitary facilities and the extent to which conditions
exist in the buildings which endanger life or property by fire or other
causes. In making its determination, the Department may also consider
whether or not the needs of the applicant are currently being met by an
existing housing authority. The Department may also take into consideration
whether or not the creation of a new housing authority would be an
unnecessary duplication of services.
As soon as possible after the issuance of a certificate by the
Department the presiding officer of the city, village, incorporated town or
county shall appoint, with the approval
of the governing body of the unit of local government, 5 commissioners with
initial
terms of 1, 2, 3, 4, and 5 years, except as follows:
(i) for the Housing Authority in any municipality | ||
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(ii) if a county has at least 80,000 but fewer than | ||
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(iii) if a county has at least 170,000 but fewer | ||
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(iv) for any Housing Authority the presiding officer | ||
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In cases where a county of more than 500,000 but less
than 3 million population is the area of operation of an Authority, the
presiding officer of the county board of the county shall appoint 7
commissioners to the housing authority, 2 of whom may be members of that
county board. The county members appointed to the Authority under this
Section shall serve such term or until termination of their county board
service, whichever first occurs. Upon the approval by the governing body
of the appointments, the presiding officer shall cause a certificate of
such appointments and of its approval thereof to be filed in the office in
which deeds of property in the area of operation are recorded, and upon
filing the persons so appointed and approved shall be fully constituted
an Authority.
At the expiration of the term of each commissioner, and of each
succeeding commissioner, or in the event of a vacancy, the presiding
officer shall appoint a commissioner, subject to the approval of the
governing body as aforesaid, to hold office, in the case of a vacancy for
the unexpired term, or in the case of expiration for a term of five years,
or until his successor shall have been appointed and qualified. Each
appointment shall be effective upon the filing by the presiding officer of
a certificate of appointment in the office of the Recorder of Deeds in the
County where the Authority is located.
In case a county is the area of operation of an Authority, the area
shall not be deemed to include any city, village, or incorporated town
within the county within which an Authority at that time exists. If
thereafter an Authority is organized with respect to any city, village,
or incorporated town within the county, the county Authority shall have
no power to initiate any further project within the city, village, or
incorporated town. However, if there are any existing projects within the
city, village or incorporated town currently owned and operated by the
county Authority they shall remain in the county Authority's ownership,
custody and control.
Every commissioner shall be a resident of the area of operation of
the Authority; provided, that in respect to an Authority created for a
county, residence in any city, village or incorporated town within such
county shall not be a disqualification for appointment as a Commissioner
for such county Authority notwithstanding that such city, village or
incorporated town may be excluded from the area of operation of such
Authority. Any public officer shall be eligible to serve as a
commissioner, and the acceptance of appointment as such shall not
terminate nor impair his public office, the provision of any statute to
the contrary notwithstanding; but no member of the Department shall be
eligible to serve as a commissioner, nor shall more than two public
officers be commissioners of the same Authority at one time; Provided, that
membership on any Authority at the same time of more than two public
officers shall not affect or impair the validity of any Act undertaken or
power exercised by the Authority pursuant to Law. The term "public
officer" as herein used means a person holding a state or local
governmental office required to be filled by the vote of electors, and for
which provision is made by law for the payment of annual compensation
from public funds.
Except as otherwise provided, all provisions of this Act shall apply
to a Housing Authority established for more than one county, and, unless
the context shall otherwise indicate, the word county shall be construed
also to mean counties. An Authority may subsequently be
established separately for any one or more counties, by compliance with the
terms of this Act, and, if an Authority is established, it shall take over
all property and obligations, within the county or counties, of the
Authority previously including it or them within its area of operation, and
the Authority shall have no further jurisdiction within the territory of
the county or counties, but nothing herein shall affect the power of a
Housing Authority to operate outside its area of operation, as provided by
Section 30. Subsection (b) of Section 17 shall apply to a
Housing Authority created under the provisions of this Section. In all
cases in which a Housing Authority embraces the territory of more than one
county, each county shall have, within its territory, the powers conferred
by Section 29, and by the Housing Cooperation Law.
In addition to the commissioners provided for in this Section, there
are created 3 additional commissioner positions for each
housing authority of a municipality of more than 1,000,000
inhabitants.
Two of these new commissioners, with initial terms of 5 years, shall be
appointed from current
residents of the housing authority and shall be appointed from a
list presented to the appointing authority by official tenants'
associations of residents of the housing authority. A tenants' association
is "official" if it satisfies the requirements of a Resident
Council/Resident Organization/Resident Management Organization established
by the federal Department of Housing and Urban Development.
The third new commissioner shall be appointed by the appointing authority
from
the officers of the official tenants' associations of residents of the housing
authority.
The term of this new commissioner shall commence no later than 90 days after
the election of the officers of the official tenants' associations of residents
and after appointment by the appointing authority and shall terminate after the
appointment of a new commissioner by the appointing authority.
This paragraph
shall not apply to housing authorities in jurisdictions where no official
tenants' associations exist. However, upon the creation of an official
association, the new commissioner positions shall be created 6 months
thereafter.
Each tenants' association shall determine the method of
choosing residents to be recommended for appointment. Tenants'
associations may act in unison in recommending residents for appointment.
In units of local government of more than 1,000,000
inhabitants, each tenants' association shall submit not more
than 2 residents for consideration. If associations act in unison, they
may submit a number representing 2 names for each association. The
appointing authority shall make the appointments within 45 days of
receiving the recommendations.
A Housing Authority created under the preceding terms of this Section
shall be
designated as the Housing Authority of the city, village, incorporated
town, county, or of the several counties within its area of operation.
Any 2 or more home rule municipalities within the same county may create a
housing authority by intergovernmental agreement. The agreement shall be for
an indefinite duration. If a housing authority is created by 2 or more home
rule municipalities under this paragraph, appointments and confirmation of
commissioners to the board and removal of commissioners from the board shall be
made as set forth in the agreement. The agreement may include, in addition to
other terms and conditions governing the operation of the board, provisions
that increase the number of commissioners otherwise authorized by this Act to a
number no greater than 9. The agreement also may provide for staggered terms
for the
commissioners and for the length of the commissioners' initial terms.
An intergovernmental agreement
between 2 or more home rule municipalities creating a housing authority may
include other terms the municipalities deem desirable. The terms may include
reporting and oversight requirements binding on the housing authority board
agreed upon by the parties. This paragraph shall not be construed as a
limitation on home rule municipalities.
(Source: P.A. 93‑323, eff. 1‑1‑04.)
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(310 ILCS 10/3.1) (from Ch. 67 1/2, par. 3.1)
Sec. 3.1.
In any municipality having over 500,000 inhabitants, there
shall be created a Housing Authority City Wide Residents' Advisory Board
which shall be composed of each Local Advisory Council member who
represents a development unit within the municipality. The Board shall
advise the Housing Authority on residents' concerns over housing
development operations and program services. The Board shall also
recommend new programs to the Housing Authority and evaluate existing
programs. The Board shall report to the Housing Authority on a quarterly
basis.
(Source: P.A. 86‑644.)
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(310 ILCS 10/4) (from Ch. 67 1/2, par. 4)
Sec. 4.
Whenever it shall appear to the presiding officer having appointment
authority that a commissioner of a Housing Authority
is incompetent or guilty of
neglect of duty or malfeasance, the presiding officer
shall require such commissioner to appear before the presiding officer
or his designee to show
cause why he should not be removed from office. At least fifteen days'
written notice of such a hearing shall be given to the commissioner
whose conduct is in question and to all other members of the Authority.
At the hearing the commissioner may be represented by counsel and may
appear personally and present such pertinent evidence as he wishes or as
the presiding officer or his designee may request.
If after a hearing the presiding officer
determines that a commissioner has been incompetent or has been guilty
of neglect of duty or malfeasance, he shall remove such commissioner
from the Authority within seven days, and there shall thereupon be
deemed to be a vacancy of such office.
(Source: P.A. 82‑780.)
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(310 ILCS 10/5) (from Ch. 67 1/2, par. 5)
Sec. 5.
No commissioner or employee of an Authority shall acquire any
interest direct or indirect in any project or in any property included
or planned to be included in any project, nor shall he have any interest
direct or indirect in any contract or proposed contract for materials or
services to be furnished or used in connection with any project. If any
commissioner or employee of any Authority owns or controls an interest
direct or indirect in any property included in any project, which was
acquired prior to his appointment or employment, he shall disclose the
same in writing to the Authority and such disclosure shall be entered
upon the minutes of the Authority.
Nothing contained in this Act or in any other law shall be construed
to preclude a tenant of an Authority from serving as an appointed
commissioner of that Authority. No part of this Act or any other law shall
be construed in such a way as to inhibit the tenant commissioner
in the lawful exercise of the powers and duties of his or her office.
(Source: P.A. 87‑657.)
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(310 ILCS 10/6) (from Ch. 67 1/2, par. 6)
Sec. 6.
As soon as possible after the creation of an Authority the
commissioners shall organize for the transaction of business by choosing
from among their number a chairman and a vice‑chairman and by adopting
by‑laws and rules and regulations suitable to the purposes of this Act.
Three commissioners shall constitute a quorum for the transaction
of the
business of an Authority that has 5 commissioners, 4 commissioners shall
constitute a quorum for an Authority that has 7 commissioners, and 6
commissioners shall constitute a quorum for an Authority that has 10
commissioners. The commissioners shall, from
time to time, select and appoint a chief executive officer and officers and
employees, including engineering, architectural and legal assistants, as
they may require for the performance of their duties, and may prescribe the
duties and compensation of each officer and employee or expressly delegate
that authority to the chief executive officer.
(Source: P.A. 87‑200; 87‑657; 87‑895; 88‑214.)
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(310 ILCS 10/6.1)
Sec. 6.1.
Power to deduct wages for debts.
(a) Upon receipt of notice from the comptroller of a municipality
with a population of 500,000 or more,
a county with a population of 3,000,000 or more, the Cook County Forest
Preserve District, the Chicago Park District, the
Metropolitan Water Reclamation District, the Chicago Transit Authority, or the
Chicago Board of Education
that a debt is due and owing the
municipality, the county, the Cook County Forest Preserve District, the Chicago
Park District, the
Metropolitan Water Reclamation District, the Chicago Transit Authority, or the
Chicago Board of Education
by an employee of the
housing authority of a municipality with a population
of 500,000 or more, that
authority
may
withhold, from the compensation of that employee, the amount of the
debt that is due and owing and pay the amount withheld to the
municipality, the county, the Cook County Forest Preserve District, the Chicago
Park District, the
Metropolitan Water Reclamation District, the Chicago Transit Authority, or the
Chicago Board of Education; provided, however, that the amount deducted from
any
one
salary or wage payment shall not exceed 25% of the net amount of the
payment.
(b) Before the
housing authority of a municipality with a population
of 500,000 or more
deducts any amount from any salary
or wage
of an employee under this Section, the municipality, the county, the Cook
County Forest Preserve District, the Chicago Park District, the
Metropolitan Water Reclamation District, the Chicago Transit Authority, or the
Chicago Board of Education
shall certify
that (i) the employee has been afforded an opportunity for a hearing to dispute
the debt that is due and owing the municipality, the county, the Cook County
Forest Preserve District, the Chicago Park District, the
Metropolitan Water Reclamation District, the Chicago Transit Authority, or the
Chicago Board of Education and (ii) the employee has received notice of a wage
deduction order and has
been afforded an opportunity for a hearing to object to the order.
(c) For purposes of this Section:
(1) "Net amount" means that part of the salary or | ||
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(2) "Debt due and owing" means (i) a specified sum | ||
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(Source: P.A. 92‑109, eff. 7‑20‑01.)
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(310 ILCS 10/7) (from Ch. 67 1/2, par. 7)
Sec. 7.
No commissioner shall receive any compensation, whether in form of
salary, per diem allowances or otherwise, for or in connection with his
services as a commissioner, except that the Housing Authority in any
municipality having over 500,000 inhabitants may establish by resolution
a reasonable salary or per diem allowance for the services of the
commissioner who serves as chairman, and except that in an Authority
created by a municipality or a county having over 25,000 inhabitants the
corporate authorities of the municipality or county may establish a
reasonable per diem allowance for the services of commissioners, to be paid
by the municipality or county from funds budgeted by the corporate or
county authorities for that purpose. Each commissioner shall, however, be
entitled to reimbursement out of funds available therefor, for any
necessary expenditures in connection with the performance of his general
duties or in connection with the construction or operation of any project.
The Authority may allocate such expenses among its projects in a manner
as it may consider proper. An Authority created by a municipality or county
having over 25,000 inhabitants may also provide for the reimbursement, from
funds of the Authority, of any travel expenses incurred by the commissioners
for travel in connection with their duties.
(Source: P.A. 87‑200; 87‑657.)
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(310 ILCS 10/8) (from Ch. 67 1/2, par. 8)
Sec. 8.
An Authority shall be a municipal corporation and shall constitute
a body both corporate and politic, exercising public and essential
governmental functions, and having all the powers necessary or convenient
to carry out and effectuate the purposes and provisions of this Act,
including, in addition to others herein granted, the powers enumerated in
Sections 8.1 through 8.8, inclusive.
(Source: Laws 1955, p. 1772.)
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(310 ILCS 10/8.1) (from Ch. 67 1/2, par. 8.1)
Sec. 8.1.
An Authority has power to investigate living and housing
conditions, housing needs and markets in its area of operation and the
means and methods of improving conditions and meeting needs
through private and public means; to determine where unsanitary or
substandard housing conditions exist; to ascertain which dwellings in its
area of operation do not meet such standards as it may determine are
necessary for safe and sanitary dwelling accommodations and to report its
findings to the appropriate government in the territory in which the
dwellings are located; to study and make recommendations concerning the
plan of the area of operation in relation to the problems of acquisition,
clearing, replanning, and reconstruction of areas in which unsanitary or
substandard conditions exist or which are needed for increasing the supply
of decent, safe and sanitary and affordable dwellings and for related community
development, and the providing of housing accommodations and subsidies
for persons of low income, and to cooperate with any regional or State
planning agencies or the planning agency of any city, village or
incorporated town wholly or partly within its area of operation.
(Source: P.A. 87‑200.)
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(310 ILCS 10/8.1b) (from Ch. 67 1/2, par. 8.1b)
Sec. 8.1b.
(a) The Authority shall establish and maintain an affirmative
action program consistent with state and federal law, designed to promote
equal employment opportunity within the police force and give preference to
the recruitment of applicants
for the police force from the specific communities in which the Authority
operates housing developments and administers housing assistance programs.
(b) In establishing the selection standards, the Authority shall provide that
sworn officer positions at the rank of sergeant or below shall first be
filled by persons otherwise qualified for selection who are residents of
facilities under the jurisdiction of the Authority.
(Source: P.A. 86‑457.)
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(310 ILCS 10/8.1c)
Sec. 8.1c.
Citizens Review Board.
A Citizens Review Board is
established for the housing authority in any
municipality having over 500,000 inhabitants to
monitor the
housing authority police force.
The Board shall consist of 9 members with 5 appointed by the executive
director
of the housing authority, 2 appointed by the housing authority's Central
Advisory Council, and 2 appointed by the housing authority's Senior Advisory
Council. The initial terms of the members shall be one, 2, 3, 4, and 5 years
for the members appointed by the executive director, one and 2 years for the
members appointed by the Central Advisory Council, and one and 2 years for the
members appointed by the Senior Advisory Council. The
appointing authority shall determine which initial term each appointee shall
serve.
Each successor of the initial members shall serve for a term of 4 years.
The initial appointments to the Board shall be made within 30 days of the
effective date of this amendatory Act of 1997.
The Board shall select one of its members to serve as chairperson.
The Board may, after notice and a hearing, remove by majority vote
a member of the Board who has been found guilty of neglect of duty or
malfeasance. If a
member of the Board resigns or is removed, the official or body that would
appoint the
member's successor shall appoint a person to serve the remainder of the
member's term. After a member's term expires, the member shall continue to
serve until a successor is appointed and qualified.
Subject to collective bargaining agreements, the Board
has the authority, after holding a
hearing, to
suspend, terminate, or take other disciplinary action
against a
housing authority police officer if:
(1) the officer is found by the Board to have | ||
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(2) the officer is found by the Board to have | ||
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(3) the officer is found by the Board to have | ||
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(Source: P.A. 90‑478, eff. 8‑17‑97.)
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(310 ILCS 10/8.2) (from Ch. 67 1/2, par. 8.2)
Sec. 8.2.
An Authority has power to prepare, carry out and operate
projects; to provide for the construction, reconstruction, improvement,
alteration or repair of any project or any part thereof; to take over by
purchase, lease, or otherwise any project undertaken by any government;
to act as agent for the Federal government in connection with the
acquisition, construction, operation, or management of a project or any
part thereof; to arrange with any government within the area of
operation for the furnishing, planning, replanning, opening or closing
of streets, roads, roadways, alleys, parks, or other places of public
facilities or for the acquisition by any government or any agency,
instrumentality or subdivision thereof, of property, options or property
rights or for the furnishing of property or services in connection with
a project; to function as an agency of the city, village, incorporated
town or county for which it is constituted an Authority and to act as an
agent (when so designated) for any government, with respect to matters
relating to housing and the purposes of this Act, including action for
the elimination of unsafe and unsanitary dwellings, the provision of
rental assistance, the clearing and redevelopment of blighted or slum
areas, the assembly of improved and unimproved land for development or
redevelopment purposes, the conservation and rehabilitation of existing
housing, and the provision of decent, safe and sanitary and affordable
housing accommodations, and to utilize any and all of its powers to assist
governments in any manner which will tend to further the objectives of this
Act; to assist through the exercise of the powers herein conferred any
individual, association, corporation or organization which presents a plan
for developing or redeveloping any property within the area of operation of
the Authority which will tend to provide decent, safe and sanitary and
affordable housing, or promote other uses essential to sound community growth.
In counties having a population of less than 1,000,000, any contract
in which State funds are used for repair, improvement or rehabilitation
of existing improvements that involves expenditures that meet the
requirements applicable to either federal or State programs shall be let by
free and competitive bidding to the lowest responsible bidder upon bond and
subject to regulations as may be set by the Department and with the written
approval of the Department. In the case of an emergency affecting the
public health or safety declared by a majority vote of the commissioners of
the Housing Authority, contracts may be let, to the extent necessary to
resolve an emergency, without public advertisement or competitive bidding.
(Source: P.A. 87‑200.)
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(310 ILCS 10/8.3) (from Ch. 67 1/2, par. 8.3)
Sec. 8.3.
An Authority has power to lease or rent any of the housing or
other accommodations or any of the lands, buildings, structures, or
facilities embraced in any project and to establish and revise the rents or
charges therefor; to purchase, lease, obtain options upon, acquire by
eminent domain or otherwise, sell, exchange, transfer or assign, any
property, real or personal, or any interest therein; to acquire any
property, real or personal, or any interest therein from any firm,
corporation or any municipal, State or Federal government or any agency,
instrumentality or subdivision thereof by gift, grant, or legacy;
to own, hold, clear and improve property; in its discretion to insure or
provide for the insurance of the property or operations of the Authority
against such risks as the Authority may deem advisable.
(Source: P.A. 83‑388.)
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(310 ILCS 10/8.3a) (from Ch. 67 1/2, par. 8.3a)
Sec. 8.3a.
Hearing ‑ Notice.
Before any construction contract for a proposed new construction of a specific
project or proposed
rehabilitation project is entered into by a local Housing Authority in a
county having a population of less than 1,000,000, a public hearing must be
held by the local Housing Authority affording interested persons residing
in the area an opportunity to be heard. There shall be a notice of the time
and place of the hearing published at least once, not more than 30 nor less
than 15 days before the hearing, in one or more newspapers published in the
municipality of the project; where there is no newspaper which is published
in the municipality, such notice shall be given in one or more newspapers
published in the county in which the municipality is located and having
general circulation within such municipality. The notice
shall contain the particular site
and location to be affected as well as a brief statement of what is
proposed in the project.
(Source: P.A. 82‑723.)
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(310 ILCS 10/8.4) (from Ch. 67 1/2, par. 8.4)
Sec. 8.4.
An Authority has power to borrow money upon its bonds,
notes, debentures, or other evidences of indebtedness and to secure the
same by pledges of its revenues, or in any other manner, and in
connection with any loan by a government, to agree to limitations upon
the exercise of any powers conferred upon the Authority by this Act; to
invest any funds held in reserves or sinking funds, or in any funds not
required for immediate disbursement in State or Federal securities; to
make grants, loans, and advances on such terms as the Authority shall
determine, subject to the approval of the Department, to any non‑profit
corporation referred to in Section 9 in order
to assist such non‑profit corporation in planning, preparing,
constructing, reconstructing or improving housing to provide an
additional supply of decent, safe and sanitary dwellings.
(Source: P.A. 81‑1509.)
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(310 ILCS 10/8.4a)
Sec. 8.4a.
Additional powers.
In addition to powers conferred by this Act
and other laws
concerning housing
authorities, generally, an
Authority for a municipality having a population in excess of 1,000,000 may do
any of the following:
(a) Issue revenue bonds for the purpose of financing the
construction, equipping, or rehabilitation or refinancing of
multifamily rental
housing and for the provision of capital improvements in connection with and
determined necessary to the multifamily rental housing located within the
municipality having a population in excess of 1,000,000.
(b) Make or undertake commitments to make loans to finance the
construction, equipping, or rehabilitation or refinancing of
multifamily rental
housing located within the municipality having a population in excess of
1,000,000.
(c) Purchase or undertake, directly or indirectly through lending
institutions, commitments to purchase, construction loans, and mortgage loans
originated in accordance with a financing agreement with the Authority to
finance the construction, equipping, or rehabilitation or
refinancing
of multifamily rental housing located within the municipality having a
population in excess of 1,000,000, or make loans to lending institutions under
terms and conditions which, in addition to other provisions determined by the
Authority, shall require the lending institutions to use the net proceeds of
the loans for the making, directly or indirectly, of construction loans or
mortgage loans to finance the construction, equipping,
rehabilitation or refinancing of multifamily rental housing located within the
municipality having a population in excess of 1,000,000.
(Source: P.A. 92‑481, eff. 8‑23‑01.)
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(310 ILCS 10/8.5) (from Ch. 67 1/2, par. 8.5)
Sec. 8.5.
An Authority has power to sue and be sued; to have a seal and to
alter the same at pleasure; to have perpetual succession; to make and
execute contracts and other instruments necessary or convenient to the
exercise of the powers of the Authority; to make and from time to time
amend and repeal by‑laws, rules and regulations not inconsistent with this
Act, to carry into effect the powers and purposes of the Authority.
(Source: Laws 1955, p. 1772.)
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(310 ILCS 10/8.6) (from Ch. 67 1/2, par. 8.6)
Sec. 8.6.
An Authority has power to enter upon any building or property in
order to conduct investigations and to hear testimony and take proof under
oath at public or private hearings on any matter material for its
information; to issue subpoenas requiring the attendance of witnesses or
the production of
documents and records including, but not limited to,
books, papers, tape recordings, computerized data and computer
print‑outs, and to issue commissions for the
examination of witnesses who are out of the State or unable to attend
before the Authority, or excused from attendance; and to do all things
necessary or convenient to carry out the powers given in this Act.
(Source: P.A. 86‑675.)
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(310 ILCS 10/8.7) (from Ch. 67 1/2, par. 8.7)
Sec. 8.7.
In connection with any examination or investigation
conducted by an Authority, the provisions of Section 23 of the State
Housing Act shall apply and the Authority shall have the same powers to
apply to the Circuit Court of the county within which lies the area of
operation to compel the attendance of witnesses or the production of
documents and records including, but not limited to,
books, papers, tape recordings, computerized data and computer
print‑outs, as conferred on the Department
by Section 24 of the State Housing Act, and in the manner
therein provided.
(Source: P.A. 86‑675.)
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(310 ILCS 10/8.8) (from Ch. 67 1/2, par. 8.8)
Sec. 8.8.
Any of the investigations or examinations provided for in this Act
may be conducted by the Authority or by a committee appointed by it,
consisting of one or more commissioners, or by counsel, or by an officer or
employee specially authorized by the Authority to conduct it. An Authority
may exercise any or all of the powers herein conferred upon it, either
generally or with respect to any specific project or projects, through or
by any agent or agents which it may designate.
(Source: Laws 1955, p. 1772.)
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(310 ILCS 10/8.9) (from Ch. 67 1/2, par. 8.9)
Sec. 8.9.
Annual report; budget report.
(a) Every Housing Authority organized under the provisions of this
Act may make an annual report to the presiding officer and legislative
authorities of the city, village, incorporated town or county for which
said Authority was created, which report shall state the result of any
investigations made by it with respect to housing conditions in its area of
operations, making recommendations with respect to the remedying of unsafe
and unsanitary housing conditions, or any shortage of adequate housing for
persons of low income, and shall also summarize its operations and
activities for the preceding year.
(b) The appointing authority for a housing authority may, by ordinance or
resolution,
require an annual report and budget.
(Source: P.A. 89‑351, eff. 1‑1‑96.)
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(310 ILCS 10/8.10) (from Ch. 67 1/2, par. 8.10)
Sec. 8.10.
As a part of its annual report, every Housing Authority
shall present statements setting forth for each project of the Housing
Authority a balance sheet, a classified statement of revenues and
expenditures and of receipts and disbursements and a surplus statement,
and also a consolidated balance sheet and consolidated classified
statements of revenues and expenditures, and of receipts and
disbursements and a surplus statement reflecting the financial status
and condition of the Housing Authority as a whole as of the close of the
immediately preceding fiscal year. All statements shall be made
separately for bond interest and retirement, capital and operating
accounts. The report for the Housing Authority in any municipality
containing over 500,000 inhabitants shall also include a separate
statement setting out the total amount of rent received for, and the
amount of money expended on, each housing project as that term is
defined in Section 17 (g) of this Act under the jurisdiction of the
Housing Authority and shall also include a complete schedule of salaries
in effect on the date of the report and to whom such salaries are paid.
The report for Housing Authorities other than those in municipalities
containing over 500,000 inhabitants shall include a separate statement
setting out in detail the exact amount of rent received for, and the
amount of money expended on, each housing project as that term is
defined in Section 17 (g) of this Act under the jurisdiction of the
Housing Authority and shall also include a complete schedule of the
salaries in effect on the date of the report and to whom salaries
are being paid. All statements shall be made separately for bond
interest and retirement, capital and operating accounts. The annual
report of every Housing Authority shall also include the amount or
amounts of service charge or charges paid or proffered to the County
Collector or to the appropriate officer or officers, of any municipal
corporation in lieu of normal real estate taxes, identified to show the
year or years and project or projects for which payment was made or
proffered. The requirements of this Section can be fulfilled by the
filing of an annual certified audit conducted in accordance with federal
Housing and Urban Development requirements with the presiding officers and
legislative authorities of the city, village, incorporated town or county.
In addition to all other information required herein, the Housing
Authority in any municipality or county containing over 500,000 inhabitants
shall prepare and maintain a summary tabulation for each project for the
period covered by the annual report showing the number of and size of
individual housing accommodations; the number of units occupied by
families in the various income groups; the total number of persons; the
age group of the head of the household of move‑ins; the number of
persons comprising the household; the rent schedules for determining
contract rents; and the number of workers per family moving in; the year
of admission of families to public housing; the number of move‑ins with
the size of family; income groups of families moving in; size of unit
occupied by families moving in or out; and information as to family
composition; and information as to number of families receiving public
assistance or social security benefits. All information shall be a
matter of public record and shall be made available by the Housing
Authority, on request, at any reasonable time without fee or reward.
(Source: P.A. 87‑200.)
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(310 ILCS 10/8.11) (from Ch. 67 1/2, par. 8.11)
Sec. 8.11.
The Housing Authority in any municipality containing over 500,000 inhabitants shall submit the statements herein required to the City Council
of such municipality (which shall be entered in the Journal of Proceedings
of the City Council) not later than three months following the close of the
preceding fiscal year of the Authority. In municipalities containing over
500,000 inhabitants the annual budget of the Housing Authority shall be
presented to the City Council before becoming effective.
(Source: Laws 1955, p. 1772.)
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(310 ILCS 10/8.12) (from Ch. 67 1/2, par. 8.12)
Sec. 8.12.
In addition to the powers conferred by other provisions in
this Act, a Housing Authority in any municipality or county containing over
500,000 inhabitants shall have the power to destroy or otherwise dispose of
its obsolete records, reports, books and documents pursuant to rules or
standards that the federal government or any agency or instrumentality
thereof may promulgate, in connection with any project financed in whole or
in part by the federal government or any agency or instrumentality thereof.
(Source: P.A. 87‑200.)
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(310 ILCS 10/8.14) (from Ch. 67 1/2, par. 8.14)
Sec. 8.14.
A Housing Authority may, whenever it determines that an
area within the municipality or county may be eligible for designation
as a conservation area within the meaning of subsection (1) of Section
17 of this Act, make such investigation and hold such hearings as may be
required, including at least one public hearing held within the area,
which shall be noticed and give opportunity for the residents of the
area affected to be heard as provided in Section 8.3a of this Act. Any
hearing may be conducted by the Authority or by a Committee appointed by
it, consisting of one or more members of the Authority. The Authority
may after such hearing designate such areas as conservation areas for
the purposes of this Act. The designation, together with an accurate
description of the area included in such designation, shall be made by
resolution of a majority of the Commissioners of the Authority, and be a
part of the records of the Authority.
Following such designation the Authority shall draw up or have
submitted for its approval a conservation plan for the area, which plan
may include but is not limited to (1) land uses, residential and
non‑residential; (2) improvement, alteration, or vacation of major and
minor streets, alleys and highways, provision for restricted service
access, and off‑street parking; (3) locations and easements for public
utilities; (4) community facilities; (5) open space necessary or
desirable for the effectuation of a conservation project; (6)
landscaping and site engineering; (7) building restrictions; (8)
recommended construction including new buildings, rehabilitations and
conversions, demolition of designated structures, and elimination of
non‑conforming uses; (9) population density, ground coverage, and number
of dwelling units recommended; (10) recommended standards of
maintenance, and requirements of applicable health and safety
ordinances; (11) zoning or rezoning required; (12) costs and financing
arrangements of public portions of the plan; (13) recommended timetable
of various stages of the program; (14) any and all other steps needed to
carry out the plan. Such plan shall conform to the comprehensive plan,
if any, of the municipality or county.
Upon completion the plan shall be submitted to the governing body of
the municipality or county, together with a request for such
implementing legislation as may be required and within the authority of
the governing body of the municipality or county and the opinion of the
plan commission of the municipality or county, if any, on the merits of
the plan.
The governing body of the municipality or county shall by resolution
adopt or reject the plan. Following favorable action by the governing
body, the Authority shall certify the plan as adopted and transmit a
certified copy of the plan and of the resolution adopting it for written
approval or rejection by the Department. No
plan shall be of any force or effect until it has been approved in
writing by the Department. Following
favorable action by the Department, the
Authority may thereafter exercise in such areas the powers granted under
this Amendatory Act of 1963.
(Source: P.A. 81‑1509.)
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(310 ILCS 10/8.15) (from Ch. 67 1/2, par. 8.15)
Sec. 8.15.
A Housing Authority may, subject to written approval by
the Department, acquire by purchase,
condemnation or otherwise any improved or unimproved real property, the
acquisition of which is necessary or appropriate for the implementation
of a conservation plan for a conservation area as defined in this Act;
to remove or demolish substandard or other buildings and structures from
the property so acquired; to hold, improve, mortgage and manage such
properties; and to sell, lease, or exchange such properties, provided
that contracts for repair, improvement or rehabilitation of existing
improvements as may be required by the conservation plan to be done by
the Authority involving in excess of $1,000 shall be let by free and
competitive bidding to the lowest responsible bidder upon such bond and
subject to such regulations as may be set by the Department and to the written
approval of the Department, and provided further that all new construction
for occupancy and use other than by any municipal corporation or county
or subdivision thereof shall be on land privately owned.
The acquisition, use or disposition of any real property must conform
to a conservation plan developed and approved as provided in Section
8.14. In case of the sale or lease of any real property acquired under
a conservation plan, the buyer or lessee must as a condition of sale or
lease agree to improve and use the property according to the
conservation plan, and such agreement may be made a covenant running
with the land, and on order of the Authority and written approval from
the Department the agreement shall be made a
covenant running with the land. No lease or deed of conveyance either
by the Authority or any subsequent owner shall contain a covenant
running with the land or other provision prohibiting occupancy of the
premises by any person because of race, creed, color, religion,
handicap, national origin or sex.
The Authority shall by public notice by publication once a week for 2
consecutive weeks in a newspaper having general circulation in the
municipality or county prior to the execution of any contract to sell,
lease or otherwise transfer real property and prior to the delivery of
any instrument of conveyance with respect thereto, invite proposals from
and make available all pertinent information to redevelopers or any
person interested in undertaking to redevelop or rehabilitate a
conservation area, or any part thereof; provided that, in municipalities
or counties in which no newspaper is published, publication may be made
by posting a notice in 3 prominent places within the municipality or
county. The notice shall contain a description of the conservation
area, the details of the conservation plan relating to the property
which the purchaser shall undertake in writing to carry out, and such
undertakings as the Authority and the Department
may deem necessary to obligate the purchaser, his or her
successors and assigns (1) to use the property for the purposes
designated in the conservation plan, (2) to commence and complete the
improvement, repair, rehabilitation or construction of the improvements
within the periods of time which the Authority with written approval
from the Department fixes as reasonable and
(3) to comply with such other conditions as are necessary to carry out
the purpose of the conservation project.
The Authority may negotiate with any persons for proposals for the
purchase, lease or other transfer of any real property acquired by it
and shall consider all redevelopment and rehabilitation proposals
submitted to it and the financial and legal ability of the persons
making such proposals to carry them out. The Authority subject to
written approval from the Department, at a
public meeting, notice of which shall have been published in a newspaper
of general circulation within the municipality or county at least 15 but
not more than 30 days prior to such meeting, may accept such proposals
as it deems to be in the public interest and in furtherance of the
purposes of this Act.
All sales or leases of real property shall be made at not less than
fair use value. No sale of real property acquired pursuant to this
section shall be made without the approval of a majority of the
Commissioners of the Authority and written approval from the Department.
No property shall be held for more than 5
years, after which the property shall be sold to the highest bidder at
public sale. The Authority may employ competent real estate management
firms to manage such properties as may be required, or the Authority may
manage such properties.
(Source: P.A. 81‑1509.)
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(310 ILCS 10/8.16) (from Ch. 67 1/2, par. 8.16)
Sec. 8.16.
A Housing Authority may, subject to written approval from
the Department, borrow money or other
property and accept contributions, capital grants, gifts, donations,
services or other financial assistance from the United States of
America, the Housing and Home Finance Agency, or any other agency or
instrumentality, corporate or otherwise of the United States of America,
the State, or any municipality, county or other public body, or from any
source, public or private, for or in aid of any of the purposes of a
conservation plan in a conservation area contemplated or undertaken by
it, and to these ends, subject to written approval from the Department,
comply with such conditions and enter into
such agreements (including loan contracts and contracts for financial
aid), upon such covenants, terms and conditions as it may deem
necessary, convenient or desirable.
The Authority subject to written approval from the Department may issue
debentures, notes, special
certificates or other evidences of indebtedness, including refunding
notes or other obligations issued for the purpose of paying or retiring
or in exchange for notes or other obligations previously issued by it to
the United States of America, or any agency or instrumentality thereof,
the State, or any county, municipality or other public body or to any
other sources, public or private, in order to secure loans for or in aid
of the purpose of a conservation plan in a conservation area
contemplated or undertaken by it: provided, that any debentures, notes,
special certificates, or other evidences of indebtedness, issued to the
United States of America, or any agency or instrumentality thereof, the
State, or any county, municipality, or other public body, or to any
other sources, public or private, shall be payable solely out of
proceeds from the sale of real property acquired for a conservation plan
in a conservation area undertaken by it or out of any revenue from the
operation and management, or demolition, of existing housing or other
buildings or improvements located on any real property acquired by the
Authority pursuant to a conservation plan in a conservation area
pursuant to this Act, or out of capital grants which the Authority may
receive from the United States of America or any agency or
instrumentality thereof, or out of any local grant‑in‑aid as defined in
Section 110 of the Act of Congress, approved July 15, 1949, being Public
Law 171, 81st Congress, known as the "Housing Act of 1949," as amended,
which a municipality, county, commission, district authority or other
subdivision or public body of the State or any other entity may make in
connection with the implementation of a conservation plan for a
conservation area as defined in this Act.
Neither the Commissioners of the Authority nor any person executing
such evidences of indebtedness, nor the members of the Department, shall
be liable personally thereon by reason
of the issuance thereof. Such evidences of indebtedness (and the same
shall so state on their face) shall not be payable out of any funds or
properties of the Authority other than those enumerated in this Section:
Such obligations shall not constitute an indebtedness within the meaning
of any constitutional or statutory debt limitation or restriction.
(Source: P.A. 81‑1509.)
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(310 ILCS 10/8.17) (from Ch. 67 1/2, par. 8.17)
Sec. 8.17.
If any owner, agent or mortgagee of improved private property
within a designated conservation area, after notice by the Authority to
comply and opportunity to be heard, fails to make such property conform to
minimum standards as set forth in the governing ordinances of the
municipality or county, the Authority may apply to the Circuit Court of the
county in which the property is located for an order permitting the
Authority to make such improved property conform to such minimum standards
and to charge and collect from the owners of and persons interested in such
property the reasonable cost and expense of making such repairs or
improvements as are necessary to bring the property up to the minimum
standards of such ordinances. This cost and expense is a lien upon the real
estate affected, subordinate to all prior existing liens and encumbrances,
provided that within 60 days after the cost and expense is incurred the
Authority or person performing the service by authority of the Authority,
in his or its own name files notice of lien in the office of the recorder
in the county in which the real estate is located or in the office
of the Registrar of Titles of such county if the real estate affected is
registered under "An Act concerning land titles", approved May 1, 1897,
as amended. The notice shall consist of a sworn
statement setting out (1) a description of the real estate sufficient for
identification thereof; (2) the amount of money representing the cost and
expense incurred or payable for the services; (3) the date or dates when
said cost and expense was incurred by the Authority. However, the lien of
the Authority shall not be valid as to any purchaser, mortgagee, judgment
creditor or other lienor whose rights in and to the real estate have
arisen subsequent to such repair or improvements and prior to the filing of
the notice of the lien in the office of the recorder, or in the
office of the Registrar of Titles, as aforesaid. Upon payment of said cost
and expense by the owner of or person interested in said property after
notice of lien has been filed, the lien shall be released by the Authority
or person in whose name the lien has been filed and the release may be
filed of record as in the case of filing notice of lien. The lien may be
enforced by proceedings to foreclose as in case of mortgages or mechanics
liens. An action to foreclose this lien shall be commenced
within 3 years after
the date of filing notice of lien.
(Source: P.A. 83‑358.)
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(310 ILCS 10/8.18) (from Ch. 67 1/2, par. 8.18)
Sec. 8.18.
Any state public body (city, village, incorporated town,
county, municipal corporation, commission, district, authority, or other
subdivision or public body of the State) (a) may, upon such terms, with
or without consideration, as it may determine for the purpose of aiding
an Authority in the planning, undertaking or carrying out of a
conservation plan in a conservation area: (1) dedicate, sell, convey or
lease any of its interest in any property or grant easements, licenses,
or other rights or privileges therein to an Authority; (2) incur the
entire expense of any public improvement made by such public body in
exercising the powers granted in this section; (3) do any and all things
necessary to aid or cooperate in the planning or carrying out of a
conservation plan; (4) lend, grant or contribute funds to an Authority;
(5) enter into agreements (which may extend over any period,
notwithstanding any provision or rule of law to the contrary) with a
municipality or other public body respecting action to be taken pursuant
to any of the powers granted in this Act, including the furnishing of
funds or other assistance in connection with a conservation plan, and
(6) cause public buildings and public facilities, including parks,
playgrounds, recreational, community, or educational facilities, or any
other works which it is otherwise empowered to undertake to be
furnished; and cause administrative and other services to be furnished
to an Authority.
(b) Any sale, conveyance, lease or agreement provided for in this
Section may be made by a public body without appraisal, public notice,
advertisement or public bidding.
(c) For the purpose of aiding in the planning, undertaking or
carrying out of a conservation plan of an Authority hereunder, a
municipality or county may (in addition to its other powers and upon
such terms with or without consideration, as it may determine) do and
perform any or all of the actions or things which, by the provisions of
this section, a public body is authorized to do or perform, including
the furnishing of financial or other assistance.
(Source: Laws 1963, p. 1495.)
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(310 ILCS 10/8.19) (from Ch. 67 1/2, par. 8.19)
Sec. 8.19.
The housing authority of any county, or of the several counties
within its area of operation is authorized and permitted to operate a housing
referral service. "Housing referral Service" for the purposes of this Section
means that the Housing Authority establishing the service will use all of
the information it has available by virtue of its duties under this Act, to
assist persons with low incomes to find available housing that is decent,
safe and sanitary and affordable without overcrowding, which is suitable
for their needs. This service shall include housing anywhere within an
authority's area of operation or in cooperation with any regional or State
planning agency of any city, village or incorporated town wholly or partly
within the area of its operation, but is not confined to housing projects
of the authority. This service shall be without charge of any kind to the
individuals seeking housing within their income range and shall be provided
under rules promulgated by the Housing Authority.
"Low income" for the purposes of this Section means income as that term
is defined by federal housing statutes and U.S. Department of Housing and
Urban Development regulations.
(Source: P.A. 87‑200.)
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(310 ILCS 10/8.20) (from Ch. 67 1/2, par. 8.20)
Sec. 8.20.
Purchases made pursuant to this Act shall be made in
compliance with the "Local Government Prompt Payment Act", approved by the
Eighty‑fourth General Assembly.
(Source: P.A. 84‑731.)
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(310 ILCS 10/8.21) (from Ch. 67 1/2, par. 8.21)
Sec. 8.21.
In determining the income of tenants for the purpose of
determining rent, the Housing Authority shall comply with all federal
housing statutes and regulations of the U.S. Department of Housing and
Urban Development.
(Source: P.A. 86‑789; 87‑200.)
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(310 ILCS 10/8.22)
Sec. 8.22.
Determination of income.
(a) Exclusions from income. In determining the income of a tenant for the
purpose of determining rent, the Housing Authority shall exclude the following
as provided in subsection (b):
(i) The amount of any income received by the tenant | ||
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(ii) Any income earned by a tenant during the first | ||
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(A) a period of unemployment of 12 or more | ||
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(B) the income earned during those 12 months is | ||
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(C) the income earned during those 12 months is | ||
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(b) Procedure for excluding income.
(i) Initial 12‑month exclusion. Beginning on the | ||
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(ii) Second 12‑month exclusion and phase‑out. After | ||
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(iii) Maximum 48‑month period for exclusions. The | ||
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(c) Inapplicability of income exclusions to admission process. The exclusion
of increases in income as a result of employment under this Section for the
purpose of determining rent does not apply for purposes of determining
eligibility for admission to the program (including determinations of income
eligibility and income targeting).
(Source: P.A. 93‑242, eff. 7‑22‑03.)
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(310 ILCS 10/8.23)
Sec. 8.23.
Notification to leaseholders of the prospective presence of
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 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 notification to the leaseholder residing at
that
address.
(b) The Authority may not evict the leaseholder described in subsection (a)
of
this Section unless the Authority proves by a preponderance of the evidence
that
the leaseholder had knowledge of and consents to the felon's
intent to reside at the leaseholder's address.
(Source: P.A. 91‑506, eff. 8‑13‑99.)
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(310 ILCS 10/9) (from Ch. 67 1/2, par. 9)
Sec. 9.
Whenever it shall be deemed necessary by an Authority in
connection with the exercise of its powers herein conferred to take or
acquire the fee of any real property in the area of operation or any
interest therein or right with respect thereto, such Authority may
acquire the same directly or through its agent or agents from the owner
or owners thereof or may acquire the same by the exercise of eminent
domain in the manner provided by Article VII of the Code of Civil Procedure,
as amended.
If any of such property is devoted to a public use it may
nevertheless be acquired, provided that no property belonging to a
government may be acquired without its consent and that no property
belonging to a corporation subject to the jurisdiction of the Illinois
Commerce Commission may be acquired without the approval of the Illinois
Commerce Commission.
The power of eminent domain shall apply not only to improved or
unimproved property which may be acquired for or as an incident to the
development or operation of a project or projects, but also to: (a) any
improved or unimproved property the acquisition of which is necessary or
appropriate for the rehabilitation or redevelopment of any blighted or
slum area, or (b) any improved or unimproved property which the
Authority may require to carry out the provisions of this Act. Such
power may be exercised by the Housing Authority on its own initiative or
as an agent of the city, village, incorporated town, county or counties,
or any government, or for the purpose of sale or lease to: (a) a housing
corporation operating under "An Act in relation to housing", approved
July 12, 1933, as amended; (b) neighborhood redevelopment corporations
operating under the "Neighborhood Redevelopment Corporation Law",
approved July 9, 1941, as amended; (c) insurance companies operating
under Section 125a of the "Illinois Insurance Code", approved June 29,
1937, as amended; (d) non‑profit corporations organized for the purpose
of constructing, managing and operating housing projects and for the
improvement of housing conditions, including the rental or sale of
housing units to persons in need thereof; or to any other individual,
association or corporation desiring to engage in a development or
redevelopment project. No sale or lease shall be made hereunder to any
of the aforesaid corporations, associations or individuals
unless a plan
has been approved by the Authority and the Department for the development
or redevelopment of such
property and unless the purchaser or lessee furnishes the Authority a
bond, with satisfactory sureties, in an amount not less than 10% of the
cost of such development or redevelopment, conditioned on the completion
of such development or redevelopment in accordance with the approved
plan; provided that the requirement of the bond may be waived by the
Department if it is satisfied of the
financial ability of the purchaser or lessee to complete such
development or redevelopment in accordance with the approved plan. To
further assure that the real property so sold or leased shall be used in
accordance with the plan, the Department may
require the purchaser or lessee to execute in writing such undertakings
as the Department deems necessary to obligate such purchaser or lessee
(1) to use the property for the purposes presented in plans; (2) to
commence and complete the building of the improvements designated in the
plan within the periods of time that the Department fixes as reasonable;
and (3) to comply with such other
conditions as are necessary to carry out the purpose of this Act. Any
such property may be sold pursuant to this section for any legal
consideration in an amount to be approved by the Department.
If the area of operation of a housing authority includes a city,
village or incorporated town having a population in excess of 500,000 as
determined by the last preceding Federal census, no real property or
interest in real property shall be acquired in such municipality by the
housing authority until such time as the housing authority has advised
the governing body of such municipality of the description of the real
property, or interest therein, proposed to be acquired, and the
governing body of the municipality has approved the acquisition thereof
by the housing authority.
A "blighted or slum area" means any area of not less, in the
aggregate, than one acre, excepting that in any municipality having a
population in excess of 500,000, as determined by the last preceding
Federal census, a "blighted or slum area" means any area of not less in
the aggregate of2 acres which area, in either case, has been
designated by municipal ordinance or by the Authority as an integrated
project for rehabilitation, development or redevelopment, where (a)
buildings or improvements, by reason of dilapidation, obsolescence,
overcrowding, faulty arrangement or design, lack of ventilation, light
or sanitary facilities, excessive land coverage, deleterious land use or
layout or any combination of these factors, are a detriment to public
safety, health or morals, or welfare, or (b) there exists platted 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 (c) there exists open unplatted land necessary for
sound community growth which is to be developed for predominantly
residential uses, or (d) 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 other impediment to the use of such area
for predominantly residential uses; provided, that 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 sub‑paragraphs (b), (c) or (d) of the
definition of "blighted or slum area", in this paragraph for the purpose
of development or redevelopment by private enterprise.
The Housing Authority shall have power to hold or use any such
property for uses authorized by this Act, or to sell, lease or exchange
such property as is not required for such uses by the Authority. In
case of sale or lease to other than a public corporation or public
agency, notice shall be given and bids shall be received in the manner
provided by Section 11‑76‑2 of the Illinois Municipal Code, as amended,
and bids may be accepted by vote of three
of the five Commissioners of the Authority; provided, however,
that such requirement of notice and bidding shall not apply to a sale or
lease to any individual, association or corporation described in the
preceding paragraph; nor to a sale or lease of an individual dwelling
unit in a project, to be used by the purchaser as a dwelling for his
family; nor to a sale or lease of a project or part thereof to an
association to be so used by its members. In case of exchange of
property for property privately owned, three disinterested appraisers
shall be appointed to appraise the value of the property to be
exchanged, and such exchange shall not be made unless the property to be
received by the Authority is equal or greater in value than the property
to be exchanged therefor, or if less than such value, that the
difference shall be paid in money.
(Source: P.A. 83‑333.)
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(310 ILCS 10/10) (from Ch. 67 1/2, par. 10)
Sec. 10.
All projects of an Authority shall be subject to the planning,
zoning, sanitary and building laws, ordinances and regulations applicable
to the locality in which the project is to be situated.
(Source: Laws 1933‑34, Third Sp. Sess., p. 159.)
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(310 ILCS 10/11) (from Ch. 67 1/2, par. 11)
Sec. 11.
An Authority shall have power to issue bonds from time to time in
its discretion to finance in whole or in part the cost of acquisition,
purchase, construction, reconstruction, improvement, alteration, extension
or repair of any project or undertaking hereunder. An Authority shall also
have power to issue refunding bonds for the purpose of paying or retiring
bonds previously issued by it. An Authority may issue such types of bonds
as it may determine by resolution, including bonds on which the principal
and interest are payable; (a) exclusively from the income and revenues of
the housing project financed with the proceeds of such bonds (including,
without limitation, income and revenues derived from a loan agreement
with respect to a project located within the municipality having a population
in excess of
1,000,000), or
with such
proceeds together with a grant from the Federal Government or any political
subdivision of the State in aid of such project; (b) exclusively from the
income and revenues of certain designated housing projects of such
Authority whether or not they were financed in whole or in part with the
proceeds of such bonds; or (c) from its revenues generally. Any of such
bonds may be additionally secured by a pledge of any revenues of any
housing project, projects or other property of the Authority.
In addition to powers conferred by this Act and other laws concerning
housing
authorities in general, an
Authority
for a municipality having a population in excess of 1,000,000
may grant a specific pledge or assignment of, and lien on or
security interest in, the income and revenues of the Authority derived from the
loan agreement with respect to the project or projects, as well as in any
reserves, funds, or accounts established in the resolution authorizing the
bonds or the indenture or other instrument under which the bonds are issued.
As evidence of such pledge, assignment, lien, and security interest, the
Authority may execute and deliver a mortgage, trust agreement, indenture,
security agreement, or an assignment thereof.
The provisions of this amendatory Act of the 92nd General Assembly create
additional
powers for housing authorities having a population in excess of 1,000,000;
these
provisions do not limit the powers conferred on housing authorities in
general.
Neither the commissioners of an Authority nor any person executing the
bonds shall be liable personally on the bonds by reason of the issuance
thereof. The bonds and other obligations of an Authority (and such bonds
and obligations shall so state on their face) shall not be a debt of any
city, village, incorporated town, county, the State or any political
subdivision thereof and neither the city, village, incorporated town or the
county, nor the State or any political subdivision thereof shall be liable
thereon, nor in any event shall such bonds or obligations be payable out of
any funds or properties other than those of said Authority. The bonds shall
not constitute an indebtedness within the meaning of any constitutional or
statutory debt limitation or restriction.
(Source: P.A. 92‑481, eff. 8‑23‑01.)
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(310 ILCS 10/12) (from Ch. 67 1/2, par. 12)
Sec. 12.
An Authority may, in connection with the borrowing of funds, or
otherwise, enter into any agreement with the federal government or any
agency or instrumentality thereof, providing for supervision and control
of the Authority or any project, and containing such other covenants, terms
and conditions as the Authority may deem advisable.
(Source: P.A. 87‑200.)
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(310 ILCS 10/13) (from Ch. 67 1/2, par. 13)
Sec. 13.
The Department may, in its discretion, prescribe methods and
forms for keeping accounts, records and books to be used by an Authority,
and prescribe accounts to which particular outlays and receipts shall be
entered, charged, or credited. The Department may require an Authority to
file periodical reports, but not more frequently than quarterly, covering
its operations and activities in a form prescribed by the Department. The
Department may also, from time to time, require an Authority to provide
specific answers to questions on subjects when the Department desires
information on those subjects.
The Department may investigate the conditions and affairs of an
Authority, its dealings, transactions or relationships and the manner in
which projects are managed, and may through its members or employees enter
upon and inspect the property, equipment, buildings, plants and offices of
an Authority and examine its books, contracts, records, documents and papers.
Every Authority shall further be subject to the further powers of
supervision of the Department provided in Sections 27, 28 and 29 of the
State Housing Act. This Section shall not apply with reference to any
project financed in whole or in part by federal funds, so long as such
project is supervised or controlled by the federal government or any agency
or instrumentality thereof or designee or nominee thereof.
(Source: P.A. 87‑200.)
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(310 ILCS 10/14) (from Ch. 67 1/2, par. 14)
Sec. 14.
Prior to the acquisition of title to any real property an
Authority shall submit to the Department
data as to the location and cost of the property, and prior to the
undertaking of any construction or other initiation of a project an
Authority shall submit to the Department the
proposed plans, specifications and estimates of the costs and a
statement of the proposed methods of financing and operating the
project. An Authority shall not finally acquire title to any real
estate nor undertake the construction or operation of a project without
the approval of the Department; provided that, if the
Department shall fail within thirty days
after receipt thereof to state its disapproval of the proposals or such
modifications thereof as it may deem desirable, the proposals shall be
deemed to have been approved as submitted. No change involving an
expenditure of more than twenty‑five hundred dollars ($2500) shall be
made in any proposal approved by the Department
without submission to the Department
in the manner prescribed in this Section. The provisions of this
Section shall not apply with reference to any project which is or is to
be financed in whole or in part by the federal government or any agency
or instrumentality thereof.
(Source: P.A. 82‑783.)
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(310 ILCS 10/17.1) (from Ch. 67 1/2, par. 17.1)
Sec. 17.1.
Within the definition of "project" in Section 17 and the
powers granted to Housing Authorities by this Act and "An Act to
facilitate the development and construction of housing, to provide
governmental assistance therefor, and to repeal an Act herein named,"
approved July 2, 1947, as amended, Housing Authorities may enter into
agreements or otherwise cooperate with any authorized agency of the
federal government in aid of the development of housing for aged persons
in need of and unable to secure decent, safe and sanitary housing and
who qualify by federal law and regulations for low rent or other housing
facilities, the construction or financing of which is to be assisted in
whole or in part by federal funds.
The Department may undertake studies to
determine the desirability of extending by legislation the powers of
Housing Authorities to assist private construction and development of
nursing and convalescent homes for aged or other persons in need of
medical or nursing services or care.
(Source: P.A. 81‑1509.)
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(310 ILCS 10/18) (from Ch. 67 1/2, par. 18)
Sec. 18.
If any section, subdivision, sentence, or clause of this Act is
for any reason held invalid or unconstitutional, such decision shall not
affect the validity of the remaining portions of this Act.
(Source: Laws 1933‑34, Third Sp. Sess., p. 159.)
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(310 ILCS 10/20) (from Ch. 67 1/2, par. 20)
Sec. 20.
Bonds of an Authority shall be authorized by its resolution and
may be issued in one or more series and shall bear such date or dates,
mature at such time or times, bear interest at such rate or rates not
exceeding the maximum rate permitted in "An Act to authorize public corporations
to issue bonds, other evidences of indebtedness and tax anticipation warrants
subject to interest rate limitations set forth therein", approved May 26,
1970, as now or hereafter amended, be
in such denomination or
denominations, be in such form, either coupon or registered, carry such
conversion or registration privileges, have such rank or priority, be
executed in such manner, be payable in such medium of payment at such place
or places, and be subject to such terms of redemption (with or without
premium) as such resolution or its trust indenture or the bonds so issued
may provide.
The bonds may be sold at not less than par and accrued interest, at
public or private sale.
In case any of the commissioners or officers of the Authority whose
signatures appear on any bonds or coupons, shall cease to be such
commissioners or officers before the delivery of such bonds, such
signatures shall, nevertheless, be valid and sufficient for all purposes,
the same as if such commissioners or officers had remained in office until
such delivery. Any bonds issued pursuant to this Act shall be fully
negotiable.
In any suit, action or proceedings involving the validity or
enforceability of any bond of an Authority or the security therefor, any
such bond reciting in substance that it has been issued by the Authority to
aid in financing a housing project to provide dwelling accommodations for
persons of low income or to aid in slum clearance or land assembly for
redevelopment purposes or for any other purposes authorized by this Act
shall be conclusively deemed to have been issued for a project of such
character and said project shall be conclusively deemed to have been
planned, located and constructed in accordance with the purposes and
provisions of this Act.
(Source: P.A. 82‑902.)
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(310 ILCS 10/21) (from Ch. 67 1/2, par. 21)
Sec. 21.
In connection with the issuance of bonds or the incurring of
obligations under leases and in order to secure the payment of such bonds or
obligations, an Authority, in addition to its other powers, shall have power:
(a) To pledge all or any part of its gross or net rents, fees or
revenues to which its right then exists or may thereafter come into existence.
(b) To covenant against pledging all or any part of its rents, fees and
revenues, or against permitting or allowing any lien on such revenues or
property; to covenant with respect to limitations on its right to sell,
lease or otherwise dispose of any housing project or any part thereof; and
to covenant as to what other, or additional debts or obligations may be
incurred by it.
(c) To covenant as to the bonds to be issued and as to the issuance of
such bonds in escrow or otherwise, and as to the use and disposition of the
proceeds thereof: to provide for the replacement of lost, destroyed or
mutilated bonds; to covenant against extending the time for the payment of
its bonds or interest thereon; and to redeem the bonds, and to covenant for
their redemption and to provide the terms and conditions thereof.
(d) To covenant (subject to the limitations contained in this Act) as to
the rents and fees to be charged in the operation of a housing project or
projects, the amount to be raised each year or other period of time by
rents, fees and other revenues, and as to the use and disposition to be
made thereof; to create or to authorize the creation of special funds for
moneys held for construction or operating costs, debt service, reserves, or
other purposes, and to covenant as to the use and disposition of the moneys
held in such funds.
(e) To prescribe the procedure, if any, by which the terms of any
contract with bondholders may be amended or abrogated, the amount of bonds
the holders of which must consent thereto and the manner in which such
consent may be given.
(f) To covenant as to the use of any or all of its real or personal
property; and to covenant as to the maintenance of its real and personal
property, the replacement thereof, the insurance to be carried thereon and
the use and disposition of insurance moneys.
(g) To covenant as to the rights, liabilities, powers and duties arising
upon the breach by it of any covenant, condition, or obligation; and to
covenant and prescribe as to events of default and terms and conditions
upon which any or all of its bonds or obligations shall become or may be
declared due before maturity, and as to the terms and conditions upon which
such declaration and its consequences may be waived.
(h) To vest in a trustee or trustees or the holders of bonds or any
specified proportion of them the right to enforce the payment of the bonds
or any covenants securing or relating to the bonds; to vest in a trustee or
trustees the right, in the event of a default by the Authority, to take
possession of any housing project or part thereof, and (so long as the
Authority shall continue in default) to retain such possession and use,
operate and manage the project, and to collect the rents and revenues
arising therefrom and to dispose of such moneys in accordance with the
agreement of the Authority with the trustee; to provide for the powers and
duties of a trustee or trustees and to limit the liabilities thereof; and
to provide the terms and conditions upon which the trustee or trustees or
the holders of bonds or any proportion of them may enforce any covenant or
rights securing or relating to the bonds.
(i) In the case of an Authority for a municipality having a population in
excess of 1,000,000,
to
enter into loan agreements, regulatory agreements, and all other
instruments or documentation with private borrowers of the proceeds of the
Authority's multifamily housing revenue bonds and to accept guaranties from
persons of its loans or the resultant evidences of obligations to the
Authority.
The provisions of this amendatory Act of the 92nd General Assembly create
additional
powers for housing authorities having a population in excess of 1,000,000;
these
provisions do not limit the powers conferred on housing authorities in
general.
(j) To exercise all or any part or combination of the powers herein
granted; to make covenants other than and in addition to the covenants
herein expressly authorized, of like or different character; to make such
covenants and to do any and all such acts and things as may be necessary or
convenient or desirable in order to secure its bonds, or, in the absolute
discretion of the Authority, as will tend to make the bonds more
marketable notwithstanding that such covenants, acts or things may not be
enumerated herein.
(Source: P.A. 92‑481, eff. 8‑23‑01.)
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(310 ILCS 10/22) (from Ch. 67 1/2, par. 22)
Sec. 22.
A bondholder or trustee for a bondholder shall have the right in
addition to all other rights which may be conferred on such bondholder or
trustee, subject only to any contractual restrictions binding upon such
bondholder or trustee:
(a) By mandamus, injunction or other civil action to compel said Authority and the
commissioners, officers, agents or employees thereof to perform each and
every term, provision and covenant contained in any contract of said
authority with or for the benefit of such bondholder or trustee, and to
require the carrying out of any or all such covenants and agreements of
said Authority and the fulfillment of all duties imposed upon said
Authority by this Act.
(b) By civil action to enjoin any acts or things which may be unlawful,
or the violation of any of the rights of such bondholders.
(Source: P.A. 83‑345.)
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(310 ILCS 10/23) (from Ch. 67 1/2, par. 23)
Sec. 23.
An Authority shall have power by its resolution, trust indenture,
lease or other contract to confer upon any bondholder, or any trustee for a
bondholder, holding or representing a specified amount in bonds the right
(in addition to all rights that may otherwise be conferred), upon the
happening of an event of default as defined in such resolution or
instrument, by suit, action or proceeding in any circuit court:
(a) To cause possession of any housing project or any part thereof to be
surrendered to any such bondholder or trustee, which possession may be
retained by such bondholder or trustee so long as the Authority shall
continue in default.
(b) To obtain the appointment of a receiver of any housing project of
said Authority or any part thereof and of the rents and profits therefrom.
If such receiver be appointed, he may enter and take possession of such
housing project or any part thereof and (so long as the Authority shall
continue in default) operate and maintain same, and collect and receive all
fees, rents, revenues, or other charges thereafter arising therefrom, and
shall keep such moneys in a separate account or accounts and apply the same
in accordance with the obligations of said Authority as the court shall
direct.
(c) To require said authority and the commissioners thereof to account
as if it and they were the trustees of an express trust.
(Source: P.A. 79‑1362.)
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(310 ILCS 10/24) (from Ch. 67 1/2, par. 24)
Sec. 24.
Management and operation of housing projects.
It is hereby declared to be the policy of this State that each housing
authority shall manage and operate its housing projects in an efficient
manner so as to enable it to fix the rentals for dwellings at the lowest
possible rates consistent with its providing decent, safe and sanitary
and affordable dwellings, and that no Housing Authority shall construct
or operate any project for profit, or as a source of revenue to a city,
village, incorporated town or county. To this end an Authority shall fix
the rentals for dwellings in its projects at no higher rates than it shall
find to be necessary in order to produce revenues which (together with all
other available moneys, revenues, income and receipts of the Authority from
whatever sources derived) will be sufficient (a) to pay, as the same
becomes due, the principal and interest on the bonds of the Authority; (b)
to meet and provide for the cost of maintaining and operating the projects
(including the cost of any insurance on the projects or bonds issued
therefor) and the administrative expenses of the Authority; (c) to create
(during not less than the ten years immediately succeeding its issuance of
any bonds) a reserve sufficient to meet the large principal and interest
payments which will be due on bonds in any 2 consecutive years
thereafter, and to maintain a reserve; and (d) to create a reasonable
reserve solely from any contributions or grants to the Authority from the
federal government, the State, or any political subdivision of the State
for the purpose of meeting the cost of maintaining and operating the
project and of paying the principal and interest on its bonds.
The management of low‑rent public housing projects financed and developed
under the U.S. Housing Act of 1937, as now or hereafter amended, shall be
in accordance with the provisions of that Act.
(Source: P.A. 87‑200.)
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(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 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 Department of State Police shall furnish pursuant to
positive identification, records of conviction to the Authority.
(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 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 | ||
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(2) Illegal use of a firearm or other weapon or the | ||
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(3) Possession of a controlled substance by the | ||
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(4) Streetgang membership as defined in the Illinois | ||
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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 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.)
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(310 ILCS 10/25.03) (from Ch. 67 1/2, par. 25.03)
Sec. 25.03.
Every person making application for tenancy or renewal of tenancy in a housing project of a local housing authority shall provide the
local housing authority information as to the composition of the
applicant's family, and income, from all sources, of all family members.
All statements in an application shall be made under oath of the
applicant. An applicant who swears wilfully, corruptly and falsely with
respect to any material statement in his application bearing upon his
eligibility for tenancy, total family income, or family composition, shall
be guilty of perjury and upon conviction shall be punished accordingly.
(Source: Laws 1959, p. 2199.)
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(310 ILCS 10/25.04) (from Ch. 67 1/2, par. 25.04)
Sec. 25.04.
Any person who by means of any false statement or
willful
misrepresentation misleads, defrauds, or induces a local housing authority
to fix the rent in an amount less than required under the regulations of
the local housing authority, or by other fraudulent device or means obtains
or attempts to obtain, or aids and abets any person in fraudulently
obtaining or attempting to obtain, the fixing of the rent in an amount less
than the sum required under the regulations of the local housing authority,
is deemed guilty of a Class A misdemeanor.
(Source: P.A. 90‑655, eff. 7‑30‑98.)
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(310 ILCS 10/25.05) (from Ch. 67 1/2, par. 25.05)
Sec. 25.05.
Any person who by means of any fraudulent misstatement or
willful misrepresentation made in connection with an
application for tenancy or renewal of tenancy in a housing project of a local
housing authority misleads, defrauds, or induces the authority to
fix a rental payment for his or her tenancy at a sum less than required
under the regulations of the local housing authority shall be answerable to
that authority for payment of a sum equivalent to the difference
between the rental charged to the tenant and the rent which the tenant should
have been charged in accordance with the regulations of the local housing
authority, and in the event such payment is not made it shall be recoverable in
a civil action. In any such civil action where fraud is proven, the court
may, as a penalty receivable by the authority, assess an
additional sum of money up to but not in excess of the entire amount of the
difference in rent charged to the tenant and that which should have been
charged but for the willful misrepresentation and
misstatements.
(Source: 90‑655, eff. 7‑30‑98.)
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(310 ILCS 10/26) (from Ch. 67 1/2, par. 26)
Sec. 26.
An Authority (notwithstanding anything to the contrary contained
in this Act or any other provision of law) may include in any contract let
in connection with a project stipulations requiring that the contractor or
any subcontractors comply with requirements as to minimum wages and maximum
hours of labor and with any conditions which the Federal government may
have attached to its financial aid of the project.
(Source: Laws 1937, p. 679.)
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(310 ILCS 10/27) (from Ch. 67 1/2, par. 27)
Sec. 27.
In addition to the powers conferred by other provisions of this
Act, an authority shall have power to borrow money or accept grants or
other financial assistance from the Federal government for or in aid of any
project, to procure or agree to the procurement of insurance or guarantees
from the Federal government of the payment of any bonds or parts thereof
issued by such Authority, including the power to pay premiums on any such
insurance, to purchase, take over, lease or manage any housing facilities,
project or undertaking constructed or owned by the Federal government
(notwithstanding Section 10 of this Act), and to these ends, to comply
with such conditions and enter into such trust indentures, leases or
agreements as may be necessary, convenient or desirable. It is the purpose
and intent of this Act to authorize every Authority to do any and all
things necessary or desirable to secure the financial aid or cooperation of
the Federal government in the purchasing, acquiring, constructing,
maintaining, operating, improving, extending and repairing of housing
projects, in rehabilitating existing structures for purposes of making
available additional dwelling units, and in the assembly of improved and
unimproved property for development or redevelopment purposes by either
public or private agencies.
(Source: Laws 1949, p. 1013.)
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(310 ILCS 10/28) (from Ch. 67 1/2, par. 27a)
Sec. 28.
The State and all counties, cities, villages, incorporated towns
and other municipal corporations, political subdivisions and public bodies
and public officers of any thereof, all banks, bankers, trust companies,
savings banks and institutions, building and loan associations, savings and
loan associations, investment companies and other persons carrying on a
banking business, all insurance companies, insurance associations and other
persons carrying on an insurance business, and all executors,
administrators, guardians, trustees and other fiduciaries may legally
invest any sinking funds, moneys or other funds belonging to them or within
their control in any bonds or other obligations of a housing authority
issued in connection with a project for which the Federal government, the
State, or any political subdivision of the State has extended or provided
for or has agreed to extend or provide for, financial assistance either in
the form of a capital grant, a loan, or an annual subsidy, or by means of
tax exemption, the sale, lease, gift or bailment of real or personal
property, the furnishing of services, or in any other form, it being the
purpose of this section to authorize the investment in such bonds or other
obligations of all sinking, insurance, retirement, compensation, pension
and trust funds, whether owned or controlled by private or public persons
or officers; provided, however, that nothing contained in this section may
be construed as relieving any person, firm, or corporation from any duty of
exercising reasonable care in selecting securities.
(Source: Laws 1949, p. 1013.)
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(310 ILCS 10/29) (from Ch. 67 1/2, par. 27b)
Sec. 29.
With respect to any housing project of a housing authority, the
housing authority shall, after such project has become occupied, either in
whole or in part, file with the proper assessing authority on or before
April 1 of each year, a statement of the aggregate shelter rentals of each
such project collected during the preceding calendar year; and, unless a
different amount has been agreed upon between the housing authority and the
city, village, incorporated town or county for which the housing authority
was created, five (5) per cent of such aggregate shelter rentals shall be
charged and collected as a service charge for the services and facilities
to be furnished with respect to such project, in the manner provided by law
for the assessment and collection of taxes, and the amount so collected
shall be distributed to the several taxing bodies in such proportions that
each taxing body will receive therefrom the same proportion as the tax rate
of such taxing body bears to the total tax rate that would be levied
against the project if it were not exempt from taxation. A city, village,
incorporated town or county for which a housing authority has been created
may agree with the housing authority, with respect to any housing projects,
either separately or jointly or one or more of them, for the payment of a
service charge in an amount greater or less than five (5) per cent of the
aggregate annual shelter rentals of any project, upon the basis of shelter
rentals or upon such other basis as may be agreed upon, but not exceeding
the amount which would be payable in taxes thereon were the property not
exempt, and, if such an agreement is made, the amount so agreed upon shall
be collected and distributed in the manner above provided. If such project
or projects have become occupied or if the land upon which such project or
projects are to be constructed has been acquired, such agreement shall
specify definitely the location of the project or projects for which the
agreement is made. Shelter rental shall mean the total rentals of a housing
project as such project is defined in Section 15‑95 of the Property Tax
Code, exclusive of any charge for
utilities and special services such as heat, water, electricity and gas. The
records of each housing project shall be open to inspection by the proper
assessing officers.
(Source: P.A. 88‑670, eff. 12‑2‑94.)
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(310 ILCS 10/30) (from Ch. 67 1/2, par. 27c)
Sec. 30.
Housing authorities may jointly exercise any or all of the
powers conferred on such housing authorities, for the purpose of
financing, planning, undertaking, constructing or operating a housing
project or projects located within the "area of operation" of any one or
more of such housing authorities; and may with respect to each other
exercise any powers enumerated in "An Act in relation to aid of housing
projects and cooperation with housing authorities and the Federal
government by municipal corporations, political subdivisions and other
public bodies of this State", filed July 13, 1937, as amended, in
addition to powers conferred by this Act.
A housing authority may operate outside of its area of operation (1)
by contract with another housing authority, or (2) by contract with a
state public body not within the area of operation of another housing
authority, if the Department shall first
have found a shortage of safe or sanitary dwellings within the area of
such State public body, in the manner provided by Section 3 of this Act,
and shall have issued a certificate to this effect to such housing
authority and to such State public body.
(Source: P.A. 81‑1509.)
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(310 ILCS 10/32) (from Ch. 67 1/2, par. 27e)
Sec. 32.
An Authority created pursuant to this Act may be dissolved
and its corporate status terminated in the following manner: whenever
the commissioners of an Authority adopt a resolution to the effect that
it has completed all projects undertaken by it, or that it has
undertaken no project and has no project in contemplation, and that it
has no other duties to perform in its area of operation, it shall submit
a certified copy thereof to the governing body of the area of operation
for which it was initially created. If the governing body concurs
therein, it shall adopt an ordinance or resolution in support thereof
and transmit a certified copy thereof, together with the certified copy
of the resolution of the Authority, to the Department. The Department shall
audit the financial records of the Authority and if the Authority has
not been the recipient of funds from the State of Illinois, or if it has
received such funds and fully expended the same in the exercise of its
statutory powers, and if no judicial action is then pending in which the
Authority, or the Commissioners thereof in their official capacity, is a
party, and if the Authority is not a party to any unexecuted contract or
agreement, oral or written, in which a monetary claim may be asserted
against it by any person, firm or corporation, it shall issue a
Certificate of Dissolution, attested by the Director of the Department,
and file the same for record in the office of the recorder in
the county in which the Authority is located.
If the Authority has in its possession or title public funds which
are or have been derived from grants made by the State of Illinois, or
any real or personal property acquired by such state funds, and if no
judicial action is pending or contractual claims outstanding against
such Authority as above provided, the Department shall require the Authority
to transfer such funds to it, and
to sell and liquidate its interest in such real or personal property at
a fair value to be fixed by the Department and pay the proceeds thereof
to the Department. Upon compliance with such direction, the Department
shall issue, and file for recording, a Certificate of Dissolution in the
manner above provided. All moneys received by the Department from the
Authority shall forthwith be paid into the Housing Fund as provided in
Section 46.1 of the "State Housing Act".
An Authority shall be deemed legally dissolved upon the filing of the
Certificate of Dissolution in the Office of the recorder as
herein provided. Such dissolution shall not affect or impair the
validity of any deed of conveyance theretofore executed and delivered by
the Authority. The dissolution of an Authority shall not be a bar to
the establishment of a new Authority for the same area of operation in
the manner provided by Section 3 of this Act.
(Source: P.A. 83‑358.)
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