2020 Illinois Compiled Statutes
Chapter 765 - PROPERTY
765 ILCS 925/ - Notice of Prepayment of Federally Subsidized Mortgage Act.

(765 ILCS 925/1) (from Ch. 67 1/2, par. 901)

Sec. 1. This Act shall be known and may be cited as the Notice of Prepayment of Federally Subsidized Mortgage Act.

(Source: P.A. 85-1438.)

(765 ILCS 925/2) (from Ch. 67 1/2, par. 902)

Sec. 2. It is the purpose of this Act to preserve and retain to the maximum extent practicable, as housing affordable to low and moderate income families or persons, those privately owned dwelling units that were provided for such purposes with federal assistance, to minimize the involuntary displacement of tenants currently residing in such housing, to ensure that the appropriate governmental authorities are given adequate notice to respond to the potential problems created by conversions of subsidized rental units to nonsubsidized rental units and to ensure that the subsidized rental unit occupants are provided with information and assistance, in the event of conversions.

(Source: P.A. 85-1438.)

(765 ILCS 925/3) (from Ch. 67 1/2, par. 903)

Sec. 3. As used in this Act:

(a) "IHDA" means the Illinois Housing Development Authority.

(b) "FmHA" means the Farmers Home Administration or a local housing authority administering an FmHA program.

(c) "HUD" means the United States Department of Housing and Urban Development, or the Federal Housing Administration or a local housing authority administering a HUD program.

(d) "Owner" means the person, partnership, or corporation that is a party to a contract with HUD or FmHA providing for a mortgage, mortgage assistance, mortgage insurance, or rent subsidy; or any spouse, employee, agent, partner, master lessee, business affiliate or associate, or successor in interest of such person, partnership or corporation, that receives or demands rent for the subsidized housing.

(e) "Prepayment of mortgage" means the prepayment of a mortgage, or loan prior to maturity, that is:

(1) insured or held by HUD under Section 221(d)(3) of the National Housing Act and assisted under Section 101 of the Housing and Urban Development Act of 1965 or Section 8 of the United States Housing Act of 1937;

(2) insured or held by HUD and bears interest at a rate determined under the proviso of Section 221(d)(3) of the National Housing Act;

(3) insured, assisted or held by HUD under Section 236 of the National Housing Act;

(4) insured or held by HUD under Section 514 or 515 of the Housing Act of 1949; or

(5) held by HUD and formerly insured under a program listed in this subsection (e).

(f) "Section 8 contract" means a contract with HUD or FmHA which provides rent subsidies entered into pursuant to Section 8 of the United States Housing Act of 1937 or the Section 8 Existing Housing Program (24 C.F.R. Part 882).

(g) "Subsidized housing" means any housing or unit of housing financed by a loan or mortgage insured or held by HUD under a program listed in subsection (e) of this Section, or subject to a Section 8 contract.

(h) "Unit of local government" means (1) the municipality within which subsidized housing is located, or (2) if subsidized housing is not located within the boundaries of any municipality, the county in which the subsidized housing is located.

(Source: P.A. 85-1438.)

(765 ILCS 925/4) (from Ch. 67 1/2, par. 904)

Sec. 4. (a) An owner of subsidized housing shall provide to the clerk of the unit of local government and to IHDA notice of the earliest date upon which he may exercise prepayment of mortgage. Such notice shall be delivered at least 12 months prior to the date upon which the owner may prepay the mortgage. The notice shall include the following information:

• (1) the name and address of the owner or managing agent of the building;
• (2) the earliest date of allowed prepayment;
• (3) the number of subsidized housing units in the building subject to prepayment, and the number of subsidized housing units occupied by persons age 62 or older, or by persons with disabilities, and households with children;
• (4) the rental payment paid by each household occupying a subsidized housing unit, not including any federal subsidy received by the owner for such subsidized housing unit; and
• (5) the rent schedule for the subsidized housing units as approved by HUD or FmHA.

Such notice shall be available to the public upon request.

(b) Twelve months prior to the date upon which an owner may exercise prepayment of mortgage, the owner shall:

• (1) post a copy of such notice in a prominent location in the affected building and leave the notice posted during the entire notice period, and
• (2) deliver, personally or by certified mail, copies of the notice to all tenants residing in the building.

The owner shall provide a copy of the notice to all prospective tenants. Such notices shall be on forms prescribed by IHDA.

(Source: P.A. 99-143, eff. 7-27-15.)

(765 ILCS 925/5) (from Ch. 67 1/2, par. 905)

Sec. 5. An owner of subsidized housing shall provide to the clerk of the unit of local government and IHDA notice of his intent to exercise his prepayment of mortgage option at least 9 months prior to the date of the intended prepayment of mortgage.

At least 9 months prior to the intended date of the prepayment of mortgage, the owner shall post in a prominent location in the affected building and shall deliver, either personally or by certified mail, a notice to all tenants residing in the building. Such notice shall be provided in writing to all prospective tenants during the notice period.

The notice to the unit of local government and IHDA and the notice to the tenants shall be provided on forms prescribed by IHDA. These notices shall be considered in effect for 15 months from the date received by the unit of local government and IHDA. If prepayment does not occur within the 15 month period, a new 9 month notice will be required prior to prepayment of mortgage.

(Source: P.A. 85-1438.)

(765 ILCS 925/6) (from Ch. 67 1/2, par. 906)

Sec. 6. Before executing any lease agreement, an owner of a building receiving a Section 8 contract, of which IHDA is not the contract administrator, shall notify all prospective tenants in writing of the date of the expiration of the Section 8 contract. An owner shall notify current tenants of the date of expiration of a Section 8 contract within 60 days of the effective date of this Act.

(Source: P.A. 85-1438.)

(765 ILCS 925/7) (from Ch. 67 1/2, par. 907)

Sec. 7. An owner who fails to provide the notice to a tenant as required under Sections 5 and 6 of this Act shall pay a penalty to the tenant in the amount of $1,000. An owner who fails to provide the notice to a unit of local government as required under Section 5 of this Act shall pay a penalty to the unit of local government in the amount of $25,000.

(Source: P.A. 85-1438.)

(765 ILCS 925/8) (from Ch. 67 1/2, par. 908)

Sec. 8. Owners of subsidized housing eligible for prepayment of mortgage after the effective date of this Act but before July 1, 1990 shall give notice as provided in Section 4 within 60 days after the effective date of this Act.

(Source: P.A. 85-1438.)