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Illinois Senate Bill SB0088

Illinois 2025-2026 Regular Session

Illinois Senate Bill SB0088 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0088 Introduced 1/17/2025, by Sen. Mike Simmons SYNOPSIS AS INTRODUCED: 310 ILCS 65/3 from Ch. 67 1/2, par. 1253310 ILCS 65/8 from Ch. 67 1/2, par. 1258 Amends the Illinois Affordable Housing Act. Provides that funds in the Illinois Affordable Housing Trust Fund may be used for housing counseling. Defines "housing counseling" to mean services provided by an organization approved by the United States Department of Housing and Urban Development to be a HUD-Approved Housing Counseling Agency. LRB104 03364 KTG 13386 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0088 Introduced 1/17/2025, by Sen. Mike Simmons SYNOPSIS AS INTRODUCED: 310 ILCS 65/3 from Ch. 67 1/2, par. 1253310 ILCS 65/8 from Ch. 67 1/2, par. 1258 310 ILCS 65/3 from Ch. 67 1/2, par. 1253 310 ILCS 65/8 from Ch. 67 1/2, par. 1258 Amends the Illinois Affordable Housing Act. Provides that funds in the Illinois Affordable Housing Trust Fund may be used for housing counseling. Defines "housing counseling" to mean services provided by an organization approved by the United States Department of Housing and Urban Development to be a HUD-Approved Housing Counseling Agency. LRB104 03364 KTG 13386 b LRB104 03364 KTG 13386 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0088 Introduced 1/17/2025, by Sen. Mike Simmons SYNOPSIS AS INTRODUCED:
33 310 ILCS 65/3 from Ch. 67 1/2, par. 1253310 ILCS 65/8 from Ch. 67 1/2, par. 1258 310 ILCS 65/3 from Ch. 67 1/2, par. 1253 310 ILCS 65/8 from Ch. 67 1/2, par. 1258
44 310 ILCS 65/3 from Ch. 67 1/2, par. 1253
55 310 ILCS 65/8 from Ch. 67 1/2, par. 1258
66 Amends the Illinois Affordable Housing Act. Provides that funds in the Illinois Affordable Housing Trust Fund may be used for housing counseling. Defines "housing counseling" to mean services provided by an organization approved by the United States Department of Housing and Urban Development to be a HUD-Approved Housing Counseling Agency.
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1212 1 AN ACT concerning housing.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 5. The Illinois Affordable Housing Act is amended
1616 5 by changing Sections 3 and 8 as follows:
1717 6 (310 ILCS 65/3) (from Ch. 67 1/2, par. 1253)
1818 7 Sec. 3. Definitions. As used in this Act:
1919 8 (a) "Program" means the Illinois Affordable Housing
2020 9 Program.
2121 10 (b) "Trust Fund" means the Illinois Affordable Housing
2222 11 Trust Fund.
2323 12 (b-5) (Blank).
2424 13 (c) "Low-income household" means a single person, family
2525 14 or unrelated persons living together whose adjusted income is
2626 15 more than 50%, but less than 80%, of the median income of the
2727 16 area of residence, adjusted for family size, as such adjusted
2828 17 income and median income for the area are determined from time
2929 18 to time by the United States Department of Housing and Urban
3030 19 Development for purposes of Section 8 of the United States
3131 20 Housing Act of 1937.
3232 21 (d) "Very low-income household" means a single person,
3333 22 family or unrelated persons living together whose adjusted
3434 23 income is not more than 50% of the median income of the area of
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3838 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0088 Introduced 1/17/2025, by Sen. Mike Simmons SYNOPSIS AS INTRODUCED:
3939 310 ILCS 65/3 from Ch. 67 1/2, par. 1253310 ILCS 65/8 from Ch. 67 1/2, par. 1258 310 ILCS 65/3 from Ch. 67 1/2, par. 1253 310 ILCS 65/8 from Ch. 67 1/2, par. 1258
4040 310 ILCS 65/3 from Ch. 67 1/2, par. 1253
4141 310 ILCS 65/8 from Ch. 67 1/2, par. 1258
4242 Amends the Illinois Affordable Housing Act. Provides that funds in the Illinois Affordable Housing Trust Fund may be used for housing counseling. Defines "housing counseling" to mean services provided by an organization approved by the United States Department of Housing and Urban Development to be a HUD-Approved Housing Counseling Agency.
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7171 1 residence, adjusted for family size, as such adjusted income
7272 2 and median income for the area are determined from time to time
7373 3 by the United States Department of Housing and Urban
7474 4 Development for purposes of Section 8 of the United States
7575 5 Housing Act of 1937.
7676 6 (e) "Affordable housing" means residential housing that,
7777 7 so long as the same is occupied by low-income households or
7878 8 very low-income households, requires payment of monthly
7979 9 housing costs, including utilities other than telephone, of no
8080 10 more than 30% of the maximum allowable income as stated for
8181 11 such households as defined in this Section.
8282 12 (f) "Multi-family housing" means a building or buildings
8383 13 providing housing to 5 or more households.
8484 14 (g) "Single-family housing" means a building containing
8585 15 one to 4 dwelling units, including a mobile home as defined in
8686 16 subsection (b) of Section 3 of the Mobile Home Landlord and
8787 17 Tenant Rights Act, as amended.
8888 18 (h) "Community-based organization" means a not-for-profit
8989 19 entity whose governing body includes a majority of members who
9090 20 reside in the community served by the organization.
9191 21 (i) "Advocacy organization" means a not-for-profit
9292 22 organization which conducts, in part or in whole, activities
9393 23 to influence public policy on behalf of low-income or very
9494 24 low-income households.
9595 25 (j) "Program Administrator" means the Illinois Housing
9696 26 Development Authority.
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107107 1 (k) "Funding Agent" means the Illinois Department of Human
108108 2 Services.
109109 3 (l) "Commission" means the Affordable Housing Advisory
110110 4 Commission.
111111 5 (m) "Congregate housing" means a building or structure in
112112 6 which 2 or more households, inclusive, share common living
113113 7 areas and may share child care, cleaning, cooking and other
114114 8 household responsibilities.
115115 9 (n) "Eligible applicant" means a proprietorship,
116116 10 partnership, for-profit corporation, not-for-profit
117117 11 corporation or unit of local government which seeks to use
118118 12 fund assets as provided in this Article.
119119 13 (o) "Moderate income household" means a single person,
120120 14 family or unrelated persons living together whose adjusted
121121 15 income is more than 80% but less than 120% of the median income
122122 16 of the area of residence, adjusted for family size, as such
123123 17 adjusted income and median income for the area are determined
124124 18 from time to time by the United States Department of Housing
125125 19 and Urban Development for purposes of Section 8 of the United
126126 20 States Housing Act of 1937.
127127 21 (p) "Affordable Housing Program Trust Fund Bonds or Notes"
128128 22 means the bonds or notes issued by the Program Administrator
129129 23 under the Illinois Housing Development Act to further the
130130 24 purposes of this Act.
131131 25 (q) "Trust Fund Moneys" means all moneys, deposits,
132132 26 revenues, income, interest, dividends, receipts, taxes,
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143143 1 proceeds and other amounts or funds deposited or to be
144144 2 deposited into the Trust Fund pursuant to subsection (b) of
145145 3 Section 5 of this Act and any proceeds, investments or
146146 4 increase thereof.
147147 5 (r) "Program Escrow" means accounts, except those accounts
148148 6 relating to any Affordable Housing Program Trust Fund Bonds or
149149 7 Notes, designated by the Program Administrator, into which
150150 8 Trust Fund Moneys are deposited.
151151 9 (s) "Common household pet" means a domesticated animal,
152152 10 such as a dog (canis lupus familiaris) or cat (felis catus),
153153 11 which is commonly kept in the home for pleasure rather than for
154154 12 commercial purposes.
155155 13 (t) "Housing counseling" means services provided by an
156156 14 organization approved by the United States Department of
157157 15 Housing and Urban Development to be a HUD-Approved Housing
158158 16 Counseling Agency.
159159 17 (Source: P.A. 102-283, eff. 1-1-22; 103-8, eff. 7-1-23;
160160 18 103-616, eff. 7-1-24.)
161161 19 (310 ILCS 65/8) (from Ch. 67 1/2, par. 1258)
162162 20 Sec. 8. Uses of Trust Fund.
163163 21 (a) Subject to annual appropriation to the Funding Agent
164164 22 and subject to the prior dedication, allocation, transfer and
165165 23 use of Trust Fund Moneys as provided in Sections 8(b), 8(c) and
166166 24 9 of this Act, the Trust Fund may be used to make grants,
167167 25 mortgages, or other loans to acquire, construct, rehabilitate,
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178178 1 develop, operate, insure, and retain affordable single-family
179179 2 and multi-family housing in this State for low-income and very
180180 3 low-income households. Funds may also be used for housing
181181 4 counseling. The majority of monies appropriated to the Trust
182182 5 Fund in any given year are to be used for affordable housing
183183 6 for very low-income households. For the fiscal years 2007,
184184 7 2008, and 2009 only, the Department of Human Services is
185185 8 authorized to receive appropriations and spend moneys from the
186186 9 Illinois Affordable Housing Trust Fund for the purpose of
187187 10 developing and coordinating public and private resources
188188 11 targeted to meet the affordable housing needs of low-income,
189189 12 very low-income, and special needs households in the State of
190190 13 Illinois.
191191 14 (b) For each fiscal year commencing with fiscal year 1994,
192192 15 the Program Administrator shall certify from time to time to
193193 16 the Funding Agent, the Comptroller and the State Treasurer
194194 17 amounts, up to an aggregate in any fiscal year of $10,000,000,
195195 18 of Trust Fund Moneys expected to be used or pledged by the
196196 19 Program Administrator during the fiscal year for the purposes
197197 20 and uses specified in Sections 8(c) and 9 of this Act. Subject
198198 21 to annual appropriation, upon receipt of such certification,
199199 22 the Funding Agent and the Comptroller shall dedicate and the
200200 23 State Treasurer shall transfer not less often than monthly to
201201 24 the Program Administrator or its designated payee, without
202202 25 requisition or further request therefor, all amounts
203203 26 accumulated in the Trust Fund within the State Treasury and
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214214 1 not already transferred to the Loan Commitment Account prior
215215 2 to the Funding Agent's receipt of such certification, until
216216 3 the Program Administrator has received the aggregate amount
217217 4 certified by the Program Administrator, to be used solely for
218218 5 the purposes and uses authorized and provided in Sections 8(c)
219219 6 and 9 of this Act. Neither the Comptroller nor the Treasurer
220220 7 shall transfer, dedicate or allocate any of the Trust Fund
221221 8 Moneys transferred or certified for transfer by the Program
222222 9 Administrator as provided above to any other fund, nor shall
223223 10 the Governor authorize any such transfer, dedication or
224224 11 allocation, nor shall any of the Trust Fund Moneys so
225225 12 dedicated, allocated or transferred be used, temporarily or
226226 13 otherwise, for interfund borrowing, or be otherwise used or
227227 14 appropriated, except as expressly authorized and provided in
228228 15 Sections 8(c) and 9 of this Act for the purposes and subject to
229229 16 the priorities, limitations and conditions provided for
230230 17 therein until such obligations, uses and dedications as
231231 18 therein provided, have been satisfied.
232232 19 (c) Notwithstanding Section 5(b) of this Act, any Trust
233233 20 Fund Moneys transferred to the Program Administrator pursuant
234234 21 to Section 8(b) of this Act, or otherwise obtained, paid to or
235235 22 held by or for the Program Administrator, or pledged pursuant
236236 23 to resolution of the Program Administrator, for Affordable
237237 24 Housing Program Trust Fund Bonds or Notes under the Illinois
238238 25 Housing Development Act, and all proceeds, payments and
239239 26 receipts from investments or use of such moneys, including any
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250250 1 residual or additional funds or moneys generated or obtained
251251 2 in connection with any of the foregoing, may be held, pledged,
252252 3 applied or dedicated by the Program Administrator as follows:
253253 4 (1) as required by the terms of any pledge of or
254254 5 resolution of the Program Administrator authorized under
255255 6 Section 9 of this Act in connection with Affordable
256256 7 Housing Program Trust Fund Bonds or Notes issued pursuant
257257 8 to the Illinois Housing Development Act;
258258 9 (2) to or for costs of issuance and administration and
259259 10 the payments of any principal, interest, premium or other
260260 11 amounts or expenses incurred or accrued in connection with
261261 12 Affordable Housing Program Trust Fund Bonds or Notes,
262262 13 including rate protection contracts and credit support
263263 14 arrangements pertaining thereto, and, provided such
264264 15 expenses, fees and charges are obligations, whether
265265 16 recourse or nonrecourse, and whether financed with or paid
266266 17 from the proceeds of Affordable Housing Program Trust Fund
267267 18 Bonds or Notes, of the developers, mortgagors or other
268268 19 users, the Program Administrator's expenses and servicing,
269269 20 administration and origination fees and charges in
270270 21 connection with any loans, mortgages, or developments
271271 22 funded or financed or expected to be funded or financed,
272272 23 in whole or in part, from the issuance of Affordable
273273 24 Housing Program Trust Fund Bonds or Notes;
274274 25 (3) to or for costs of issuance and administration and
275275 26 the payments of principal, interest, premium, loan fees,
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286286 1 and other amounts or other obligations of the Program
287287 2 Administrator, including rate protection contracts and
288288 3 credit support arrangements pertaining thereto, for loans,
289289 4 commercial paper or other notes or bonds issued by the
290290 5 Program Administrator pursuant to the Illinois Housing
291291 6 Development Act, provided that the proceeds of such loans,
292292 7 commercial paper or other notes or bonds are paid or
293293 8 expended in connection with, or refund or repay, loans,
294294 9 commercial paper or other notes or bonds issued or made in
295295 10 connection with bridge loans or loans for the
296296 11 construction, renovation, redevelopment, restructuring,
297297 12 reorganization of Affordable Housing and related expenses,
298298 13 including development costs, technical assistance, or
299299 14 other amounts to construct, preserve, improve, renovate,
300300 15 rehabilitate, refinance, or assist Affordable Housing,
301301 16 including financially troubled Affordable Housing,
302302 17 permanent or other financing for which has been funded or
303303 18 financed or is expected to be funded or financed in whole
304304 19 or in part by the Program Administrator through the
305305 20 issuance of or use of proceeds from Affordable Housing
306306 21 Program Trust Fund Bonds or Notes;
307307 22 (4) to or for direct expenditures or reimbursement for
308308 23 development costs, technical assistance, or other amounts
309309 24 to construct, preserve, improve, renovate, rehabilitate,
310310 25 refinance, or assist Affordable Housing, including
311311 26 financially troubled Affordable Housing, permanent or
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322322 1 other financing for which has been funded or financed or
323323 2 is expected to be funded or financed in whole or in part by
324324 3 the Program Administrator through the issuance of or use
325325 4 of proceeds from Affordable Housing Program Trust Fund
326326 5 Bonds or Notes; and
327327 6 (5) for deposit into any residual, sinking, reserve or
328328 7 revolving fund or pool established by the Program
329329 8 Administrator, whether or not pledged to secure Affordable
330330 9 Housing Program Trust Fund Bonds or Notes, to support or
331331 10 be utilized for the issuance, redemption, or payment of
332332 11 the principal, interest, premium or other amounts payable
333333 12 on or with respect to any existing, additional or future
334334 13 Affordable Housing Program Trust Fund Bonds or Notes, or
335335 14 to or for any other expenditure authorized by this Section
336336 15 8(c).
337337 16 (d) All or a portion of the Trust Fund Moneys on deposit or
338338 17 to be deposited in the Trust Fund not already certified for
339339 18 transfer or transferred to the Program Administrator pursuant
340340 19 to Section 8(b) of this Act may be used to secure the repayment
341341 20 of Affordable Housing Program Trust Fund Bonds or Notes, or
342342 21 otherwise to supplement or support Affordable Housing funded
343343 22 or financed or intended to be funded or financed, in whole or
344344 23 in part, by Affordable Housing Program Trust Fund Bonds or
345345 24 Notes.
346346 25 (e) Assisted housing may include housing for special needs
347347 26 populations such as the homeless, single-parent families, the
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