AFFORDABLE HOUSING-CILAS

Illinois General Assembly - Full Text of HB5198

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Full Text of HB5198

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HB5198 - 104th General Assembly

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House Amendment 001

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HB5198 Engrossed
LRB104 18044 KTG 31483 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 5.
The Affordable Housing Planning and Appeal Act
5
is amended by changing Sections 5, 10, 15, 20, 25, 30, 50, and
6
60 as follows:

7

(310 ILCS 67/5)
8

Sec. 5.
Findings.
The legislature finds and declares that:
9

(1) there exists a shortage of affordable, accessible,
10

safe, and sanitary housing in the State;
11

(2) it is imperative that action be taken to
ensure

12

assure
the availability of
housing for the State's

13

workforce
, retired persons, and low-income and
14

moderate-income households, including households that have
15

persons with disabilities

and retirement housing
;
16

(3)
it is necessary for
local governments in the State
17

that do not have sufficient affordable housing
are
18

encouraged
to assist in providing affordable housing
19

opportunities to
ensure

assure
the health, safety, and
20

welfare of all citizens of the State;
21

(4) increasing the inventory and affordability of
22

housing choices for people earning between 80% and 140% of
23

household

the area
median income, termed the missing

HB5198 Engrossed
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1

middle, also helps preserve affordable housing, prevents
2

homelessness, and encourages investment in more inclusive,
3

mixed-income communities throughout the State; and
4

(5) studying the inventory and affordability gaps that
5

affect the missing middle is also crucial to ensuring
6

workforce and retirement housing in the State.
7
(Source: P.A. 104-319, eff. 1-1-26
.)

8

(310 ILCS 67/10)
9

Sec. 10.
Purpose.
The purpose of this Act is to encourage
10
counties and municipalities to incorporate affordable housing
11
within their housing stock sufficient to meet the needs of
12
their county or community. Further, affordable housing
13
developers who believe that they have been unfairly treated
14
due to the fact that
a proposed

the
development contains
15
affordable housing may seek relief from local ordinances and
16
regulations that may inhibit the construction of affordable
17
housing needed to serve low-income and moderate-income
18
households in this State.
19
(Source: P.A. 93-595, eff. 1-1-04.)

20

(310 ILCS 67/15)
21

Sec. 15.
Definitions.
As used in this Act:
22

"Affordable housing" means housing that has a value or
23
cost or rental amount that is within the means of a household
24
that may occupy moderate-income or low-income housing. In the

HB5198 Engrossed
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LRB104 18044 KTG 31483 b
1
case of owner-occupied dwelling units, housing that is
2
affordable means housing in which mortgage, amortization,
3
taxes, insurance, and condominium or association fees, if any,
4
constitute no more than 30% of the gross annual household
5
income for a household of the size that may occupy the unit. In
6
the case of dwelling units for rent, housing that is
7
affordable means housing for which the rent and utilities
8
constitute no more than 30% of the gross annual household
9
income for a household of the size that may occupy the unit. In
10
the case of dwelling units for rent, the costs of any required
11
parking, maintenance, or landlord-imposed fees are to be
12
included in the calculation of affordable housing if available
13
from the U.S. Census Bureau.
14

"Affordable housing developer" means a nonprofit entity,
15
limited equity cooperative or public agency, or private
16
individual, firm, corporation, or other entity seeking to
17
build an affordable housing development.
18

"Affordable housing development" means (i) any housing
19
that is subsidized by the federal or State government or (ii)
20
any housing in which at least 20% of the dwelling units are
21
subject to covenants or restrictions that require that the
22
dwelling units be sold or rented at prices that preserve them
23
as affordable housing for a period of at least 15 years, in the
24
case of owner-occupied housing, and at least 30 years, in the
25
case of rental housing.
26

"Approving authority" means the governing body of the

HB5198 Engrossed
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1
county or municipality.
2

"Area median household income" means the median household
3
income adjusted for family size for applicable income limit
4
areas as determined annually by the federal Department of
5
Housing and Urban Development under Section 8 of the United
6
States Housing Act of 1937.
7

"Community-integrated living arrangement" has the meaning
8
ascribed to that term in Section 3 of the Community-Integrated
9
Living Arrangements Licensure and Certification Act.

10

"Community land trust" means a private, not-for-profit
11
corporation organized exclusively for charitable, cultural,
12
and other purposes and created to acquire and own land for the
13
benefit of the local government, including the creation and
14
preservation of affordable housing.
15

"Development" means any building, construction,
16
renovation, or excavation or any material change in any
17
structure or land, or change in the use of such structure or
18
land, that results in a net increase in the number of dwelling
19
units in a structure or on a parcel of land by more than one
20
dwelling unit.
21

"Exempt local government" means any local government in
22
which at least
25%

10%
of its total year-round housing units
23
are affordable, as determined by the Illinois Housing
24
Development Authority in accordance with Section 20, or any
25
municipality with a population under
2,000

1,000
.
26

"Household" means the person or persons occupying a

HB5198 Engrossed
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1
dwelling unit.
2

"Housing organization" means a trade or industry group
3
engaged in the construction or management of housing units, or
4
a nonprofit organization whose mission includes providing or
5
advocating for increased access to housing for low or
6
moderate-income households.
7

"Housing trust fund" means a separate fund, either within
8
a local government or between local governments pursuant to
9
intergovernmental agreement, established solely for the
10
purposes authorized in subsection (d) of Section 25,
11
including, without limitation, the holding and disbursing of
12
financial resources to address the affordable housing needs of
13
individuals or households that may occupy low-income or
14
moderate-income housing.
15

"Local government" means a county or municipality.
16

"Low-income housing" means housing that is affordable,
17
according to the federal Department of Housing and Urban
18
Development, for either home ownership or rental, and that is
19
occupied, reserved, or marketed for occupancy by households
20
with a gross household income that does not exceed 50% of the
21
area median household income.
22

"Moderate-income housing" means housing that is
23
affordable, according to the federal Department of Housing and
24
Urban Development, for either home ownership or rental, and
25
that is occupied, reserved, or marketed for occupancy by
26
households with a gross household income that is greater than

HB5198 Engrossed
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1
50% but does not exceed 80% of the area median household
2
income.
3

"Non-appealable local government requirements" means all
4
essential requirements that protect the public health and
5
safety, including any local building, electrical, fire, or
6
plumbing code requirements or those requirements that are
7
critical to the protection or preservation of the environment.
8

"Special needs populations" means the special needs
9
populations described in subsection (e) of Section 8 of the
10
Illinois Affordable Housing Act.

11

"Supportive housing" means permanent or transitional
12
housing with access to the needed supportive services which
13
enable special needs populations to live as independently as
14
possible.

15
(Source: P.A. 102-175, eff. 7-29-21; 103-487, eff. 1-1-24
.)

16

(310 ILCS 67/20)
17

Sec. 20.
Determination of exempt local governments.
18

(a) Beginning October 1,
2028

2004
, the Illinois Housing
19
Development Authority shall determine which local governments
20
are exempt and not exempt from the operation of this Act based
21
on an identification of the total number of year-round housing
22
units in the most recent data from the U.S. Census Bureau for
23
each local government within the State and by an inventory of
24
owner-occupied and rental affordable housing units, as defined
25
in this Act, for each local government from the U.S. Census

HB5198 Engrossed
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LRB104 18044 KTG 31483 b
1
Bureau and other relevant sources.
2

(b) The Illinois Housing Development Authority shall make
3
this determination by:
4

(i) totaling the number of owner-occupied housing
5

units in each local government that are affordable to
6

households with a gross household income that is less than
7

80% of the median household income within the county or
8

primary metropolitan statistical area;
9

(ii) totaling the number of rental units in each local
10

government that are affordable to households with a gross
11

household income that is less than 60% of the median
12

household income within the county or primary metropolitan
13

statistical area;
14

(iii) adding the number of owner-occupied and rental
15

units for each local government from items (i) and (ii);
16

and
17

(iv) dividing the sum of (iii) above by the total
18

number of year-round housing units in the local government
19

as contained in the latest U.S. Census Bureau and
20

multiplying the result by 100 to determine the percentage
21

of affordable housing units within the jurisdiction of the
22

local government.
23

(c)
The

Beginning on the effective date of this amendatory
24
Act of the 98th General Assembly, the
Illinois Housing
25
Development Authority shall publish a list of exempt and
26
non-exempt local governments and the data that it used to

HB5198 Engrossed
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LRB104 18044 KTG 31483 b
1
calculate its determination at least once every 5 years. The
2
data shall be shown for each local government in the State and
3
for the State as a whole. Upon publishing a list of exempt and
4
non-exempt local governments, the Illinois Housing Development
5
Authority shall notify a local government that it is not
6
exempt from the operation of this Act and provide to it the
7
data used to calculate its determination.
8

(d) A local government or developer of affordable housing
9
may appeal the determination of the Illinois Housing
10
Development Authority as to whether the local government is
11
exempt or non-exempt under this Act in connection with an
12
appeal under Section 30 of this Act.
13

(e) Additionally, the Illinois Housing Development
14
Authority shall make the following calculations:
15

(i) totaling the number of owner-occupied housing
16

units in each local government that are affordable to
17

households with a gross household income that is at or
18

below 30% of the median household income within the county
19

or primary metropolitan statistical area;
20

(ii) totaling the number of rental units in each local
21

government that are affordable to households with a gross
22

household income that is at or below 30% of the median
23

household income within the county or primary metropolitan
24

statistical area;
25

(iii) adding the number of owner-occupied and rental
26

units for each local government from items (i) and (ii);

HB5198 Engrossed
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LRB104 18044 KTG 31483 b
1

(iv) dividing the sum of (iii) above by the total
2

number of year-round housing units in the local government
3

as contained in the latest U.S. Census Bureau and
4

multiplying the result by 100 to determine the percentage
5

of extremely low-income affordable housing units within
6

the jurisdiction of the local government;
7

(v) totaling the number of owner-occupied housing
8

units in each local government that are affordable to
9

households with a gross household income that is between
10

80% and 140% of the median household income within the
11

county or primary metropolitan statistical area;
12

(vi) totaling the number of rental units in each local
13

government that are affordable to households with a gross
14

household income that is between 60% and 80% of the median
15

household income within the county or primary metropolitan
16

statistical area;
17

(vii) totaling the number of rental units in each
18

local government that are affordable to households with a
19

gross household income that is between 80% and 140% of the
20

median household income within the county or primary
21

metropolitan statistical area;
22

(viii) adding the number of owner-occupied and rental
23

units for each local government from items (v), (vi), and
24

(vii); and
25

(ix) dividing the sum of (viii) above by the total
26

number of year-round housing units in the local government

HB5198 Engrossed
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LRB104 18044 KTG 31483 b
1

as contained in the latest U.S. Census Bureau and
2

multiplying the result by 100 to determine the percentage
3

of affordable middle housing units within the jurisdiction
4

of the local government.
5

(f) Beginning on the effective date of this amendatory Act
6
of the 104th General Assembly, the Illinois Housing
7
Development Authority shall publish the data collected under
8
paragraphs (i) through (ix) of subsection (e). The data shall
9
be shown for each local government in the State and for the
10
State as a whole and shall be published at least once every 5
11
years. The Illinois Housing Development Authority shall also
12
compile the collected data into a report and submit the report
13
to the General Assembly.
14

(g) The data collected under subsection (e) shall be for
15
informational purposes only and shall not factor into the
16
determination of exempt local governments.
17
(Source: P.A. 104-319, eff. 1-1-26
.)

18

(310 ILCS 67/25)
19

Sec. 25.
Affordable housing plan.
20

(a)
Prior to April 1, 2005, all non-exempt local
21
governments must approve an affordable housing plan.
Any local
22
government that is determined by the Illinois Housing
23
Development Authority under Section 20 to be non-exempt
for
24
the first time based on the recalculation of U.S. Census
25
Bureau data after 2010
shall have 18 months from the date of

HB5198 Engrossed
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LRB104 18044 KTG 31483 b
1
notification of its non-exempt status to approve an affordable
2
housing plan under this Act.
A non-exempt local government
3
must provide

On and after the effective date of this
4
amendatory Act of the 102nd General Assembly, an affordable
5
housing plan, or any revision thereof, shall not be adopted by
6
a non-exempt local government until
notice
to residents
and
7
the
opportunity for
comment at a
public hearing
in accordance
8
with the Open Meetings Act prior to adopting its affordable
9
housing plan

have first been afforded
.
10

(b) For the purposes of this Act, the affordable housing
11
plan shall consist of at least the following:
12

(i) a statement of the total number of affordable
13

housing units that are necessary to exempt the local
14

government from the operation of this Act as defined in
15

Section 15 and Section 20;
16

(ii) an identification of
specific
lands within the
17

jurisdiction that are most appropriate for the
18

construction of affordable housing and of existing
19

structures most appropriate for conversion to, or
20

rehabilitation for, affordable housing, including a
21

consideration of affordable housing for both
22

owner-occupied dwelling units and dwelling units for rent,
23

lands and structures of developers who have expressed a
24

commitment to provide affordable housing, and lands and
25

structures that are publicly or semi-publicly owned;
26

(iii) incentives
, including, but not limited to, the

HB5198 Engrossed
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LRB104 18044 KTG 31483 b
1

measures outlined in subsection (d),
that
the local
2

government intends to

local governments may
provide for
3

the purpose of attracting affordable housing to
its

their

4

jurisdiction;
5

(iv) a description of any housing market conditions,
6

infrastructure limitations, local government ordinances,
7

including zoning and land use ordinances, local government
8

policies or practices that do not affirmatively further
9

fair housing
as defined in the federal Fair Housing Act
,
10

and other factors that may constrain the local
11

government's ability to create and preserve affordable
12

housing;
13

(v) a plan or potential strategies to eliminate or
14

mitigate
the

these
constraints identified in item (iv);
15

(vi) one or more of the following goals: a minimum of
16

15% of all new development or redevelopment within the
17

local government that would be defined as affordable
18

housing in this Act; a minimum of a 5 percentage point
19

increase in the overall percentage of affordable housing
20

within its jurisdiction, as described in subsection (b) of
21

Section 20 of this Act; or a minimum of a total of
25%

10%

22

affordable housing within its jurisdiction as described in
23

subsection (b) of Section 20 of this Act. These goals may
24

be met, in whole or in part, through the creation of
25

affordable housing units under intergovernmental
26

agreements as described in subsection (e) of this Section;

HB5198 Engrossed
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LRB104 18044 KTG 31483 b
1

and
2

(vii) proposed timelines
,
to commence
,
within the
3

first 24 months after the date upon which the affordable
4

housing plan was adopted, for
specific
actions
and
5

deadlines
to implement the components of the affordable
6

housing plan.
7

Local governments that have previously been determined as
8
a non-exempt municipality and that have submitted an
9
affordable housing plan shall also include a summary of
10
actions taken to implement the previously submitted plan, as
11
well as a summary of progress made toward achieving the goals
12
of the plan.
13

To comply with the affordable housing plan requirements,
14
no later than 4 years after adopting or updating an affordable
15
housing plan the local government shall submit a report to the
16
Illinois Housing Development Authority summarizing actions
17
taken to implement the current plan.
18

(c) Within 60 days after the adoption of an affordable
19
housing plan or revisions to its affordable housing plan, the
20
local government must submit a copy of that plan to the
21
Illinois Housing Development Authority.
The non-exempt local
22
government shall provide proof of compliance with the notice
23
and other requirements described in subsection (a) as part of
24
its submission.

25

(d) In order to promote the goals of this Act and to
26
maximize the creation, establishment, or preservation of

HB5198 Engrossed
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LRB104 18044 KTG 31483 b
1
affordable housing throughout the State of Illinois, a local
2
government, whether exempt or non-exempt under this Act, may
3
adopt the following measures to address the need for
4
affordable housing:
5

(1) Local governments may individually or jointly
6

create or participate in a housing trust fund or otherwise
7

provide
whole or partial
funding or support for the
8

purpose of supporting affordable housing, including,
9

without limitation, to support the following affordable
10

housing activities:
11

(A) Housing production, including, without
12

limitation, new construction, rehabilitation, and
13

adaptive re-use.
14

(B) Acquisition, including, without limitation,
of
15

lands

land
, single-family homes, multi-unit buildings,
16

and other existing structures that may be used in
17

whole or in part for residential use.
18

(C) Rental payment assistance.
19

(D) Home-ownership purchase assistance.
20

(E) Preservation of existing affordable housing
,
21

including home modifications to support accessibility
.
22

(F) Weatherization.
23

(G) Emergency repairs.
24

(H) Housing related support services, including
25

homeownership education and financial counseling.
26

(I) Grants or loans to not-for-profit

HB5198 Engrossed
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LRB104 18044 KTG 31483 b
1

organizations engaged in addressing the affordable
2

housing needs of low-income and moderate-income
3

households.
4

(J) Participation in affordable housing special
5

assessment programs as authorized under Section 15-178
6

of the Property Tax Code.

7

Local governments may authorize housing trust funds to
8

accept and utilize funds, property, and other resources
9

from all proper and lawful public and private sources so
10

long as those funds are used solely for addressing the
11

affordable housing needs of individuals or households that
12

may occupy low-income or moderate-income housing.
13

(2) A local government may create a community land
14

trust, which may: acquire developed or undeveloped
15

interests in real property and hold them for affordable
16

housing purposes; convey such interests under long-term
17

leases, including ground leases; convey such interests for
18

affordable housing purposes; and retain an option to
19

reacquire any such real property interests at a price
20

determined by a formula ensuring that such interests may
21

be utilized for affordable housing purposes.
22

(3) A local government may use its zoning powers to
23

require the creation and preservation of affordable
24

housing as authorized under Section 5-12001 of the
25

Counties Code and Section 11-13-1 of the Illinois
26

Municipal Code.

HB5198 Engrossed
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LRB104 18044 KTG 31483 b
1

(4) A local government may accept donations of money
2

or land for the purpose of addressing the affordable
3

housing needs of individuals or households that may occupy
4

low-income or moderate-income housing. These donations may
5

include, without limitation, donations of money or land
6

from persons, as long as the donations are demonstrably
7

used to preserve, create, or subsidize low-income housing
8

or moderate-income housing within the jurisdiction.
9

(e) In order to encourage regional cooperation and the
10
maximum creation of affordable housing in areas lacking such
11
housing in the State of Illinois, any non-exempt local
12
government may enter into intergovernmental agreements under
13
subsection (e) of Section 25 with local governments within 10
14
miles of its corporate boundaries in order to create
15
affordable housing units to meet the goals of this Act. A
16
non-exempt local government may not enter into an
17
intergovernmental agreement, however, with any local
18
government that contains more than 25% affordable housing as
19
determined under Section 20 of this Act. All intergovernmental
20
agreements entered into to create affordable housing units to
21
meet the goals of this Act must also specify the basis for
22
determining how many of the affordable housing units created
23
will be credited to each local government participating in the
24
agreement for purposes of complying with this Act. All
25
intergovernmental agreements entered into to create affordable
26
housing units to meet the goals of this Act must also specify

HB5198 Engrossed
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LRB104 18044 KTG 31483 b
1
the anticipated number of newly created affordable housing
2
units that are to be credited to each local government
3
participating in the agreement for purposes of complying with
4
this Act. In specifying how many affordable housing units will
5
be credited to each local government, the same affordable
6
housing unit may not be counted by more than one local
7
government.
8

(f) To enforce compliance with the provisions of this
9
Section, and to encourage local governments to submit their
10
affordable housing plans to the Illinois Housing Development
11
Authority in a timely manner, the Illinois Housing Development
12
Authority shall notify any local government and
may notify
the
13
Office of the Attorney General that the local government is in
14
violation of State law if the Illinois Housing Development
15
Authority finds that the affordable housing plan submitted is
16
not in substantial compliance with this Section or that the
17
local government failed to submit an affordable housing plan.
18
The Attorney General may enforce this provision of the Act by
19
an action for mandamus or injunction or by means of other
20
appropriate relief.
21

(g) The Illinois Housing Development Authority shall post
22
each affordable housing plan submitted by a local government
23
on the Illinois Housing Development Authority's website.
24
(Source: P.A. 102-175, eff. 7-29-21; 103-487, eff. 1-1-24
.)

25

(310 ILCS 67/30)

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1

Sec. 30.
Appeal to State Housing Appeals Board.
2

(a) (Blank).
3

(b) (Blank).
4

(b-5)
Any

Beginning January 1, 2026, any
of the following
5
parties may file an appeal as an appellant to the State Housing
6
Appeals Board against a non-exempt municipality if the
7
proposed affordable housing development was denied by the
8
municipality, or approved with conditions that in the
9
appellant's judgment render the provision of affordable
10
housing infeasible:
11

(1) the affordable housing developer of the proposed
12

affordable housing development;
13

(2) a person who would be eligible to apply for
14

residency in the proposed affordable housing development;
15

or
16

(3) a housing organization whose geographic focus area
17

includes the municipality, or county if in an
18

unincorporated area, where the proposed affordable housing
19

development is located
; or

.

20

(4) a service provider that is under contract to
21

provide services for potential residents of a proposed
22

supportive housing project or community-integrated living
23

arrangement that otherwise meets this Act's definition of
24

"affordable housing development".

25

Appeals must be filed within 45 days after the
final
26
action or
decision by the municipality. The appellant must

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1
submit information regarding why the appellant believes the
2
affordable housing development was unfairly denied or
3
unreasonable conditions were placed upon the tentative
4
approval of the development. In the case of local governments
5
that are determined by the Illinois Housing Development
6
Authority under Section 20 to be non-exempt for the first time
7
based on the recalculation of U.S. Census Bureau data after
8
the effective date of this amendatory Act of the 103rd General
9
Assembly, no appellant may appeal to the State Housing Appeals
10
Board until 6 months after a local government has been
11
notified of its non-exempt status.
12

(b-6) A final action or decision of an approving authority
13
may include, but is not limited to:
14

(1) voting to formally deny a proposal;
15

(2) denying land use approvals or entitlements
16

necessary for the issuing of a building permit;
17

(3) refusing to take final legislative or
18

administrative action;
19

(4) determining an application incomplete which
20

complies with all criteria as specified by local land use
21

codes; or
22

(5) rendering a proposal financially infeasible by
23

imposing conditions or fees which are not required by
24

local land use codes or extensive delay which causes a
25

source of funding to expire.
26

(c)
The

Beginning on the effective date of this amendatory

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1
Act of the 98th General Assembly, the
Board shall, whenever
2
possible, render a decision on the appeal within 120 days
3
after the appeal is filed. The Board may extend the time by
4
which it will render a decision where circumstances outside
5
the Board's control make it infeasible for the Board to render
6
a decision within 120 days. In any proceeding before the
7
Board, the
local government

appellant
bears the burden of
8
demonstrating
by the preponderance of the evidence
that
:
9

(1) the denial, or approval with conditions, of
the
10

proposed affordable housing development
is necessary to
11

protect substantial public interests regarding health and
12

safety;

(i) has been unfairly denied or (ii) has had
13

unreasonable conditions placed upon it by the decision of
14

the local government.

15

(2) the public interests implicated clearly outweigh
16

the need for affordable housing; and
17

(3) the public interests cannot be protected through
18

reasonable modification to the affordable housing
19

proposal.

20

(c-5) The Board shall take into consideration the failure
21
to submit a compliant affordable housing plan in connection
22
with any appeal before the Board.

23

(d) The Board shall dismiss any appeal if:

24

(i) the local government has adopted an affordable
25

housing plan as defined in Section 25 of this Act and
26

submitted that plan to the Illinois Housing Development

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1

Authority within the time frame required by this Act; and

2

(ii) the local government has implemented its
3

affordable housing plan and has met its goal as
4

established in its affordable housing plan as defined in
5

Section 25 of this Act.
6

(e) The Board shall dismiss any appeal if the reason for
7
denying the application or placing conditions upon the
8
approval is a non-appealable local government requirement
9
under Section 15 of this Act.
10

(f) The Board may affirm, reverse, or modify the
11
conditions of, or add conditions to, a decision made by the
12
approving authority. The decision of the Board constitutes an
13
order directed to the approving authority and is binding on
14
the local government.
15

(g) The
Appellate Court

appellate court
has the exclusive
16
jurisdiction to review decisions of the Board. Any appeal to
17
the Appellate Court of a final ruling by the
State Housing
18
Appeals
Board may be heard only in the Appellate Court for the
19
District in which the local government involved in the appeal
20
is located. The
Appellate Court

appellate court
shall apply
21
the "clearly erroneous" standard when reviewing such appeals.
22
An appeal of a final ruling of the Board shall be filed within
23
35 days after the Board's decision and in all respects shall be
24
in accordance with Section 3-113 of the Code of Civil
25
Procedure.
26

(h) The Board shall award reasonable attorney's fees and

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1
costs of appeal to the appellant; however, the Board shall not
2
award attorney's fees if it determines, under extraordinary
3
circumstances, that awarding attorney's fees would not further
4
the purposes of this Act.

5
(Source: P.A. 103-487, eff. 1-1-24
.)

6

(310 ILCS 67/50)
7

Sec. 50.
Housing Appeals Board.
8

(a) On and after the effective date of this amendatory Act
9
of the 103rd General Assembly, the Housing Appeals Board
10
consists of 7 members appointed by the Governor as follows:
11

(1) a retired circuit judge, a retired appellate
12

judge, a current or retired administrative law judge, or a
13

practicing or retired attorney with experience in the area
14

of land use law or related field, who shall act as
15

chairperson;
16

(2) 4 members selected from among the following
17

categories:
18

(A) county or municipal zoning board of appeals
19

members;
20

(B) county or municipal planning board members;
21

(C) a mayor or municipal council or board member;
22

(D) a county board member;
23

(3) an affordable housing developer; and
24

(4) an affordable housing advocate.
25

In addition, the Chairman of the Illinois Housing

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1
Development Authority, ex officio, shall serve as a non-voting
2
member. At least 2 of the appointments under paragraph (2)
3
shall be from a local government that is non-exempt under this
4
Act.
5

(b) Initial terms of 4 members designated by the Governor
6
under this amendatory Act of the 103rd General Assembly shall
7
be for 2 years. Initial terms of 3 members designated by the
8
Governor under this amendatory Act of the 103rd General
9
Assembly shall be for one year. Thereafter, members shall be
10
appointed for terms of 2 years. After a member's term expires,
11
the member shall continue to serve until a successor is
12
appointed. There shall be no limit to the number of terms an
13
appointee may serve. A member shall receive no compensation
14
for his or her services, but shall be reimbursed by the State
15
for all reasonable expenses actually and necessarily incurred
16
in the performance of his or her official duties. The Board
17
shall hear all petitions for review filed under this Act and
18
shall conduct all hearings in accordance with the rules and
19
regulations established by the chairperson. The Illinois
20
Housing Development Authority shall provide space and clerical
21
and other assistance that the Board may require.
22

(c) (Blank).
23

(d) To the extent possible, any vacancies in the Housing
24
Appeals Board shall be filled within 90 days of the vacancy.
25

(e)
(Blank).

The terms of members serving before the
26
effective date of this amendatory Act of the 103rd General

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1
Assembly expire on the effective date of this amendatory Act
2
of the 103rd General Assembly.

3
(Source: P.A. 102-175, eff. 7-29-21; 103-487, eff. 1-1-24
.)

4

(310 ILCS 67/60)
5

Sec. 60.
Rulemaking authority.
The Illinois Housing
6
Development Authority shall adopt other rules and regulations
7
as needed to carry out the Board's responsibilities under this
8
Act and to provide direction to local governments
,

and

9
affordable housing developers
, and other appellants. This
10
includes, but is not limited to, rules and regulations
11
concerning the substance of affordable housing plans as
12
described in Section 25
.
13
(Source: P.A. 94-303, eff. 7-21-05.)

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