PHA-NO WORK REQUIREMENTS

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Full Text of HB4377

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HB4377 - 104th General Assembly

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HB4377 Engrossed
LRB104 17629 KTG 31060 b
1

AN ACT concerning housing.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 1.
Short title.
This Act may be cited as the
5
Federally Assisted Tenant Protection Act.

6

Section 5.
Definitions.
As used in this Act:
7

"Covered housing" means housing subsidized through a
8
federal housing program administered by the U.S. Department of
9
Housing and Urban Development, including, but not limited to:
10

(1) Project-based rental assistance (42 U.S.C. 1437f).
11

(2) Section 8 of the United States Housing Act of 1937
12

(42 U.S.C. 1437 et seq.), including special purpose
13

vouchers such as Mainstream Vouchers, Stability Vouchers,
14

the Housing Choice Voucher Homeownership Program,
15

Veteran's Affairs Supportive Housing Vouchers, the Family
16

Unification Program, the Foster Youth to Independence
17

Program, or any other programs established by Section 8 in
18

a federal register notice.
19

(3) Project-based voucher program (42 U.S.C. 1437f).
20

"Covered housing provider" means a private owner, property
21
manager, or other entity that administers or is subsidized to
22
provide housing through a covered housing program.
23

"Time limits" means any limitation on the duration of time

HB4377 Engrossed
- 2 -
LRB104 17629 KTG 31060 b
1
within which an individual may live in covered housing.
2

"Work requirements" means any requirements to complete
3
work activities, such as working, pursuing education,
4
participating in a work or job training program, volunteering,
5
or doing community service. Work activities include, but are
6
not limited to, work activities defined in 42 U.S.C. 607d.

7

Section 10.
Applicability.
Every covered housing provider
8
and its agents that receive federal housing assistance
9
payments from the U.S. Department of Housing and Urban
10
Development are subject to the provisions of this Act.

11

Section 15.
No time limits or work requirements.
12

(a) Unless required by federal law or an applicable State
13
or federal funding program, no covered housing provider shall
14
establish or implement any rules, policies, or procedures that
15
impose time limits as a condition of initial or continued
16
eligibility for any covered housing or that impact the amount
17
of the rent subsidy or assistance provided to covered housing
18
tenants. Nothing with respect to this prohibition prevents a
19
covered housing provider from terminating assistance or a
20
residential lease as authorized by federal law.
21

(b) Unless required by federal law or an applicable State
22
or federal funding program, no covered housing provider shall
23
establish or implement any rules, policies, or procedures that
24
impose work requirements as a condition of initial or

HB4377 Engrossed
- 3 -
LRB104 17629 KTG 31060 b
1
continued eligibility for any covered housing or that impact
2
the amount of the rent subsidy or assistance provided to
3
covered housing tenants.
4

(c) A covered housing provider may establish and implement
5
a voluntary employment or job training program, or encourage a
6
covered housing applicant or tenant to participate in a
7
voluntary employment or job training program, if all of the
8
following apply:
9

(1) Program participation does not impact the
10

applicant's or tenant's initial or continued eligibility
11

for the rent subsidy or assistance or the amount of rent
12

subsidy or assistance.
13

(2) The program has one or more of the following or
14

related goals for participants:
15

(A) Increasing personal income.
16

(B) Generating financial savings.
17

(C) Homeownership.
18

(D) Increasing financial well-being and
19

creditworthiness.
20

(E) Increasing educational attainment.
21

(F) Acquiring job skills.
22

(G) Expanding employment options.
23

(d) Subsection (b) does not apply to a covered housing
24
provider participating in the Moving to Work demonstration
25
(Pub. L. 104-134, 110 Stat. 1321, 42 U.S.C. 1437f note) that
26
has work requirements prior to the effective date of this Act

HB4377 Engrossed
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LRB104 17629 KTG 31060 b
1
that comply with regulations established by the U.S.
2
Department of Housing and Urban Development.
3

(e) Nothing in this Section limits or alters the operation
4
of the Family Self-Sufficiency Program (42 U.S.C. 1437u) or
5
the Public Housing Community Service Requirement (42 U.S.C.
6
1437j(c)).

7

Section 55.
The Housing Authorities Act is amended by
8
adding Section 14.1 as follows:

9

(310 ILCS 10/14.1 new)
10

Sec. 14.1.
No time limits or work requirements.
11

(a) Definitions. As used in this Section:

12

"Time limits" means any limitation on the duration of time
13
within which an individual may live in housing or receive a
14
federal housing subsidy covered by this Act.
15

"Work requirements" means any requirements to complete
16
work activities, such as working, pursuing education,
17
participating in a work or job training program, volunteering,
18
or doing community service. Work activities include, but are
19
not limited to, work activities defined in 42 U.S.C. 607d.

20

(b) Unless required by federal law or an applicable State
21
or federal funding program, no housing authority organized in
22
accordance with the provisions of this Act, or its agents,
23
shall impose time limits or work requirements on its tenants
24
or housing applicants. This prohibition shall apply to all

HB4377 Engrossed
- 5 -
LRB104 17629 KTG 31060 b
1
federally assisted housing as defined in Section 17.

2

(c) Unless required by federal law or an applicable State
3
or federal funding program, no housing authority or its agents
4
shall establish or implement any rules, policies, or
5
procedures that impose time limits as a condition of initial
6
or continued eligibility for any housing or that impact the
7
amount of the rent subsidy or assistance provided to tenants.
8
Nothing with respect to this prohibition prevents a housing
9
authority or its agents from terminating assistance or a
10
residential lease if authorized by federal law.
11

(d) Unless required by federal law or an applicable State
12
or federal funding program, no housing authority or its agents
13
shall establish or implement any rules, policies, or
14
procedures that impose work requirements as a condition of
15
initial or continued eligibility for any housing or that
16
impact the amount of the rent subsidy or assistance provided
17
to tenants.
18

(e) A housing authority and its agents may establish and
19
implement a voluntary employment or job training program, or
20
encourage a housing applicant or tenant to participate in a
21
voluntary employment or job training program, if all of the
22
following apply:
23

(1) Program participation does not impact the
24

applicant's or tenant's initial or continued eligibility
25

for the rent subsidy or assistance or the amount of rent
26

subsidy or assistance.

HB4377 Engrossed
- 6 -
LRB104 17629 KTG 31060 b
1

(2) The program has one or more of the following or
2

related goals for participants:
3

(A) Increasing personal income.
4

(B) Generating financial savings.
5

(C) Homeownership.
6

(D) Increasing financial well-being and
7

creditworthiness.
8

(E) Increasing educational attainment.
9

(F) Acquiring job skills.
10

(G) Expanding employment options.
11

(f) Subsection (d) does not apply to a housing authority
12
participating in the Moving to Work demonstration (Pub. L.
13
104-134, 110 Stat. 1321, 42 U.S.C. 1437f note) that has work
14
requirements prior to the effective date of this Act that
15
comply with regulations established by the U.S. Department of
16
Housing and Urban Development.
17

(g) Nothing in this Section limits or alters the operation
18
of the Family Self-Sufficiency Program (42 U.S.C. 1437u) or
19
the Public Housing Community Service Requirement (42 U.S.C.
20
1437j(c)).

21

Section 99.
Effective date.
This Act takes effect upon
22
becoming law.

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