Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1911 Latest Draft

Bill / Introduced Version Filed 02/06/2025

                            104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 SB1911 Introduced 2/6/2025, by Sen. Mattie Hunter SYNOPSIS AS INTRODUCED: 35 ILCS 200/15-178 Amends the Property Tax Code. Provides that a county opting out of the special assessment programs to reduce the assessed value of certain residential real property shall not disqualify or shorten the maximum eligibility periods for any property approved to receive a reduced valuation prior to the county opting out. Requires that the special assessment programs be available to all qualifying residential real property regardless of whether or not the property has or is currently receiving any other public financing or subsidies or subject to any regulatory agreements with any public entity, or both. If an owner is approved for the reduced valuation prior to December 31, 2037 and the provisions are not subsequently extended, this shall not disqualify or shorten the maximum eligibility periods for any property approved to receive a reduced valuation. Provides that, if the chief county assessment officer has not created application forms, the chief county assessment officer shall make publicly available and accept applications forms that shall be available to local governments from the Illinois Department of Revenue. If a county Internet website exists, the application materials, as well as any other program requirements used by the county (such as application deadlines, fees, and other procedures required by the application) must be published on that website, otherwise it must be available to the public upon request at the office of the chief county assessment officer. On an annual basis, requires the Illinois Housing Development Authority to calculate and make available on its website the minimum per square foot expenditure requirements to be applicable statewide to be eligible for the reduced valuation, which shall include the historical annual expenditure requirements starting with calendar year 2021. Changes reference to improvements to existing residential real property to substantially rehabilitated residential real property. Makes other changes. LRB104 09605 HLH 19670 b   A BILL FOR 104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 SB1911 Introduced 2/6/2025, by Sen. Mattie Hunter SYNOPSIS AS INTRODUCED:  35 ILCS 200/15-178 35 ILCS 200/15-178  Amends the Property Tax Code. Provides that a county opting out of the special assessment programs to reduce the assessed value of certain residential real property shall not disqualify or shorten the maximum eligibility periods for any property approved to receive a reduced valuation prior to the county opting out. Requires that the special assessment programs be available to all qualifying residential real property regardless of whether or not the property has or is currently receiving any other public financing or subsidies or subject to any regulatory agreements with any public entity, or both. If an owner is approved for the reduced valuation prior to December 31, 2037 and the provisions are not subsequently extended, this shall not disqualify or shorten the maximum eligibility periods for any property approved to receive a reduced valuation. Provides that, if the chief county assessment officer has not created application forms, the chief county assessment officer shall make publicly available and accept applications forms that shall be available to local governments from the Illinois Department of Revenue. If a county Internet website exists, the application materials, as well as any other program requirements used by the county (such as application deadlines, fees, and other procedures required by the application) must be published on that website, otherwise it must be available to the public upon request at the office of the chief county assessment officer. On an annual basis, requires the Illinois Housing Development Authority to calculate and make available on its website the minimum per square foot expenditure requirements to be applicable statewide to be eligible for the reduced valuation, which shall include the historical annual expenditure requirements starting with calendar year 2021. Changes reference to improvements to existing residential real property to substantially rehabilitated residential real property. Makes other changes.  LRB104 09605 HLH 19670 b     LRB104 09605 HLH 19670 b   A BILL FOR
104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 SB1911 Introduced 2/6/2025, by Sen. Mattie Hunter SYNOPSIS AS INTRODUCED:
35 ILCS 200/15-178 35 ILCS 200/15-178
35 ILCS 200/15-178
Amends the Property Tax Code. Provides that a county opting out of the special assessment programs to reduce the assessed value of certain residential real property shall not disqualify or shorten the maximum eligibility periods for any property approved to receive a reduced valuation prior to the county opting out. Requires that the special assessment programs be available to all qualifying residential real property regardless of whether or not the property has or is currently receiving any other public financing or subsidies or subject to any regulatory agreements with any public entity, or both. If an owner is approved for the reduced valuation prior to December 31, 2037 and the provisions are not subsequently extended, this shall not disqualify or shorten the maximum eligibility periods for any property approved to receive a reduced valuation. Provides that, if the chief county assessment officer has not created application forms, the chief county assessment officer shall make publicly available and accept applications forms that shall be available to local governments from the Illinois Department of Revenue. If a county Internet website exists, the application materials, as well as any other program requirements used by the county (such as application deadlines, fees, and other procedures required by the application) must be published on that website, otherwise it must be available to the public upon request at the office of the chief county assessment officer. On an annual basis, requires the Illinois Housing Development Authority to calculate and make available on its website the minimum per square foot expenditure requirements to be applicable statewide to be eligible for the reduced valuation, which shall include the historical annual expenditure requirements starting with calendar year 2021. Changes reference to improvements to existing residential real property to substantially rehabilitated residential real property. Makes other changes.
LRB104 09605 HLH 19670 b     LRB104 09605 HLH 19670 b
    LRB104 09605 HLH 19670 b
A BILL FOR
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  SB1911  LRB104 09605 HLH 19670 b
1  AN ACT concerning revenue.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Section 5. The Property Tax Code is amended by changing
5  Section 15-178 as follows:
6  (35 ILCS 200/15-178)
7  Sec. 15-178. Affordable housing special assessment
8  programs; reduction Reduction in assessed value for affordable
9  rental housing construction or rehabilitation.
10  (a) The General Assembly finds that there is a shortage of
11  high quality affordable rental homes for low-income and
12  very-low-income households throughout Illinois; that owners
13  and developers of rental housing face significant challenges
14  building newly constructed apartments or undertaking
15  rehabilitation of existing properties that results in rents
16  that are affordable for low-income and very-low-income
17  households; and that it will help Cook County and other parts
18  of Illinois address the extreme shortage of affordable rental
19  housing by developing a statewide policy to determine the
20  assessed value for newly constructed and rehabilitated
21  affordable rental housing that both encourages investment and
22  incentivizes property owners to keep rents affordable.
23  (b) Each chief county assessment officer shall implement

 

104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 SB1911 Introduced 2/6/2025, by Sen. Mattie Hunter SYNOPSIS AS INTRODUCED:
35 ILCS 200/15-178 35 ILCS 200/15-178
35 ILCS 200/15-178
Amends the Property Tax Code. Provides that a county opting out of the special assessment programs to reduce the assessed value of certain residential real property shall not disqualify or shorten the maximum eligibility periods for any property approved to receive a reduced valuation prior to the county opting out. Requires that the special assessment programs be available to all qualifying residential real property regardless of whether or not the property has or is currently receiving any other public financing or subsidies or subject to any regulatory agreements with any public entity, or both. If an owner is approved for the reduced valuation prior to December 31, 2037 and the provisions are not subsequently extended, this shall not disqualify or shorten the maximum eligibility periods for any property approved to receive a reduced valuation. Provides that, if the chief county assessment officer has not created application forms, the chief county assessment officer shall make publicly available and accept applications forms that shall be available to local governments from the Illinois Department of Revenue. If a county Internet website exists, the application materials, as well as any other program requirements used by the county (such as application deadlines, fees, and other procedures required by the application) must be published on that website, otherwise it must be available to the public upon request at the office of the chief county assessment officer. On an annual basis, requires the Illinois Housing Development Authority to calculate and make available on its website the minimum per square foot expenditure requirements to be applicable statewide to be eligible for the reduced valuation, which shall include the historical annual expenditure requirements starting with calendar year 2021. Changes reference to improvements to existing residential real property to substantially rehabilitated residential real property. Makes other changes.
LRB104 09605 HLH 19670 b     LRB104 09605 HLH 19670 b
    LRB104 09605 HLH 19670 b
A BILL FOR

 

 

35 ILCS 200/15-178



    LRB104 09605 HLH 19670 b

 

 



 

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1  special assessment programs to reduce the assessed value of
2  all eligible newly constructed residential real property or
3  qualifying rehabilitation to all eligible existing residential
4  real property in accordance with subsection (c) for 10 taxable
5  years after the newly constructed residential real property or
6  substantially rehabilitated improvements to existing
7  residential real property are put in service. Any county with
8  less than 3,000,000 inhabitants may decide not to implement
9  one or both of the special assessment programs defined in
10  subparagraph (1) of subsection (c) of this Section and
11  subparagraph (2) of subsection (c) of this Section upon
12  passage of an ordinance by a majority vote of the county board.
13  Subsequent to a vote to opt out of this special assessment
14  program, any county with less than 3,000,000 inhabitants may
15  decide to implement one or both of the special assessment
16  programs defined in subparagraph (1) of subsection (c) of this
17  Section and subparagraph (2) of subsection (c) of this Section
18  upon passage of an ordinance by a majority vote of the county
19  board. A county opting out shall not disqualify or shorten the
20  maximum eligibility periods for any property approved to
21  receive a reduced valuation prior to the county opting out.
22  The special assessment programs available under this Section
23  shall be available to all qualifying residential real property
24  regardless of whether or not the property has or is currently
25  receiving any other public financing or subsidies or subject
26  to any regulatory agreements with any public entity, or both.

 

 

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1  The changes made to this subsection by this amendatory Act of
2  the 104th General Assembly are declarative of existing law and
3  shall not be construed as a new enactment. Property is
4  eligible for the special assessment program if and only if all
5  of the following factors have been met:
6  (1) at the conclusion of the new construction or
7  qualifying rehabilitation, the property consists of a
8  newly constructed multifamily building containing 7 or
9  more rental dwelling units or an existing multifamily
10  building that has undergone qualifying rehabilitation
11  resulting in 7 or more rental dwelling units; and
12  (2) the property meets the application requirements
13  defined in subsection (f).
14  (c) For those counties that are required to implement the
15  special assessment program and do not opt out of such special
16  assessment program, the chief county assessment officer for
17  that county shall require that residential real property is
18  eligible for the special assessment program if and only if one
19  of the additional factors have been met:
20  (1) except as defined in subparagraphs (E), (F), and
21  (G) of paragraph (1) of subsection (f) of this Section,
22  prior to the newly constructed residential real property
23  or substantially rehabilitated improvements to existing
24  residential real property being put in service, the owner
25  of the residential real property commits that, for a
26  period of 10 years, at least 15% of the multifamily

 

 

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1  building's units will have rents as defined in this
2  Section that are at or below maximum rents and are
3  occupied by households with household incomes at or below
4  maximum income limits; or
5  (2) except as defined in subparagraphs (E), (F), and
6  (G) of paragraph (1) of subsection (f) of this Section,
7  prior to the newly constructed residential real property
8  or substantially rehabilitated improvements to existing
9  residential real property located in a low affordability
10  community being put in service, the owner of the
11  residential real property commits that, for a period of 30
12  years after the newly constructed residential real
13  property or substantially rehabilitated improvements to
14  existing residential real property are put in service, at
15  least 20% of the multifamily building's units will have
16  rents as defined in this Section that are at or below
17  maximum rents and are occupied by households with
18  household incomes at or below maximum income limits.
19  If a reduction in assessed value is granted under one
20  special assessment program provided for in this Section, then
21  that same residential real property is not eligible for an
22  additional special assessment program under this Section at
23  the same time.
24  (d) The amount of the reduction in assessed value for
25  residential real property meeting the conditions set forth in
26  subparagraph (1) of subsection (c) shall be calculated as

 

 

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1  follows:
2  (1) if the owner of the residential real property
3  commits for a period of at least 10 years that at least 15%
4  but fewer than 35% of the multifamily building's units
5  have rents at or below maximum rents and are occupied by
6  households with household incomes at or below maximum
7  income limits, the assessed value of the property used to
8  calculate the tax bill shall be reduced by an amount equal
9  to 25% of the assessed value of the property as determined
10  by the assessor for the property in the current taxable
11  year for the newly constructed residential real property
12  or based on the improvements to an existing residential
13  real property; and
14  (2) if the owner of the residential real property
15  commits for a period of at least 10 years that at least 35%
16  of the multifamily building's units have rents at or below
17  maximum rents and are occupied by households with
18  household incomes at or below maximum income limits, the
19  assessed value of the property used to calculate the tax
20  bill shall be reduced by an amount equal to 35% of the
21  assessed value of the property as determined by the
22  assessor for the property in the current assessment year
23  for the newly constructed residential real property or
24  based on the improvements to an existing residential real
25  property.
26  (e) The amount of the reduction for residential real

 

 

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1  property meeting the conditions set forth in subparagraph (2)
2  of subsection (c) shall be calculated as follows:
3  (1) for the first, second, and third taxable year
4  after the residential real property is placed in service,
5  the residential real property is entitled to a reduction
6  in its assessed value in an amount equal to the difference
7  between the assessed value in the year for which the
8  incentive is sought and the assessed value for the
9  residential real property in the base year;
10  (2) for the fourth, fifth, and sixth taxable year
11  after the residential real property is placed in service,
12  the property is entitled to a reduction in its assessed
13  value in an amount equal to 80% of the difference between
14  the assessed value in the year for which the incentive is
15  sought and the assessed value for the residential real
16  property in the base year;
17  (3) for the seventh, eighth, and ninth taxable year
18  after the property is placed in service, the residential
19  real property is entitled to a reduction in its assessed
20  value in an amount equal to 60% of the difference between
21  the assessed value in the year for which the incentive is
22  sought and the assessed value for the residential real
23  property in the base year;
24  (4) for the tenth, eleventh, and twelfth taxable year
25  after the residential real property is placed in service,
26  the residential real property is entitled to a reduction

 

 

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1  in its assessed value in an amount equal to 40% of the
2  difference between the assessed value in the year for
3  which the incentive is sought and the assessed value for
4  the residential real property in the base year; and
5  (5) for the thirteenth through the thirtieth taxable
6  year after the residential real property is placed in
7  service, the residential real property is entitled to a
8  reduction in its assessed value in an amount equal to 20%
9  of the difference between the assessed value in the year
10  for which the incentive is sought and the assessed value
11  for the residential real property in the base year.
12  (f) Application requirements.
13  (1) In order to receive the reduced valuation under
14  this Section, the owner must submit an application
15  containing the following information to the chief county
16  assessment officer for review in the form and by the date
17  required by the chief county assessment officer:
18  (A) the owner's name;
19  (B) the postal address and permanent index number
20  or numbers of the parcel or parcels for which the owner
21  is applying to receive reduced valuation under this
22  Section;
23  (C) a deed or other instrument conveying the
24  parcel or parcels to the current owner;
25  (D) written evidence that the new construction or
26  qualifying rehabilitation has been completed with

 

 

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1  respect to the residential real property, including,
2  but not limited to, copies of building permits, a
3  notarized contractor's affidavit, and photographs of
4  the interior and exterior of the building after new
5  construction or rehabilitation is completed;
6  (E) written evidence that the residential real
7  property meets local building codes, or if there are
8  no local building codes, Housing Quality Standards, as
9  determined by the United States Department of Housing
10  and Urban Development;
11  (F) a list identifying the affordable units in
12  residential real property and a written statement that
13  the affordable units are comparable to the market rate
14  units in terms of unit type, number of bedrooms per
15  unit, quality of exterior appearance, energy
16  efficiency, and overall quality of construction;
17  (G) a written schedule certifying the rents in
18  each affordable unit and a written statement that
19  these rents do not exceed the maximum rents allowable
20  for the area in which the residential real property is
21  located;
22  (H) documentation from the administering agency
23  verifying the owner's participation in a qualifying
24  income-based rental subsidy program as defined in
25  subsection (e) of this Section if units receiving
26  rental subsidies are to be counted among the

 

 

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1  affordable units in order to meet the thresholds
2  defined in this Section;
3  (I) a written statement identifying the household
4  income for every household occupying an affordable
5  unit and certifying that the household income does not
6  exceed the maximum income limits allowable for the
7  area in which the residential real property is
8  located;
9  (J) a written statement that the owner has
10  verified and retained documentation of household
11  income for every household occupying an affordable
12  unit; and
13  (K) any additional information consistent with
14  this Section as reasonably required by the chief
15  county assessment officer, including, but not limited
16  to, any information necessary to ensure compliance
17  with applicable local ordinances and to ensure the
18  owner is complying with the provisions of this
19  Section.
20  (1.1) In order for a development to receive the
21  reduced valuation under subsection (e), the owner must
22  provide evidence to the county assessor's office of a
23  fully executed project labor agreement entered into with
24  the applicable local building trades council, prior to
25  commencement of any and all construction, building,
26  renovation, demolition, or any material change to the

 

 

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1  structure or land.
2  (2) The application requirements contained in
3  paragraph (1) of subsection (f) are continuing
4  requirements for the duration of the reduction in assessed
5  value received and may be annually or periodically
6  verified by the chief county assessment officer for the
7  county whereby the benefit is being issued.
8  (3) In lieu of submitting an application containing
9  the information prescribed in paragraph (1) of subsection
10  (f), the chief county assessment officer may allow for
11  submission of a substantially similar certification
12  granted by the Illinois Housing Development Authority or a
13  comparable local authority provided that the chief county
14  assessment officer independently verifies the veracity of
15  the certification with the Illinois Housing Development
16  Authority or comparable local authority.
17  (4) The chief county assessment officer shall notify
18  the owner as to whether or not the property meets the
19  requirements of this Section. If the property does not
20  meet the requirements of this Section, the chief county
21  assessment officer shall provide written notice of any
22  deficiencies to the owner, who shall then have 30 days
23  from the date of notification to provide supplemental
24  information showing compliance with this Section. The
25  chief county assessment officer shall, in its discretion,
26  grant additional time to cure any deficiency. If the owner

 

 

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1  does not exercise this right to cure the deficiency, or if
2  the information submitted, in the sole judgment of the
3  chief county assessment officer, is insufficient to meet
4  the requirements of this Section, the chief county
5  assessment officer shall provide a written explanation of
6  the reasons for denial.
7  (5) The chief county assessment officer may charge a
8  reasonable application fee to offset the administrative
9  expenses associated with the program.
10  (6) The reduced valuation conferred by this Section is
11  limited as follows:
12  (A) The owner is eligible to apply for the reduced
13  valuation conferred by this Section beginning in the
14  first assessment year after the effective date of this
15  amendatory Act of the 102nd General Assembly through
16  December 31, 2037 2027. If approved, the reduction
17  will be effective for the current assessment year,
18  which will be reflected in the tax bill issued in the
19  following calendar year. Owners that are approved for
20  the reduced valuation under paragraph (1) of
21  subsection (c) of this Section before December 31,
22  2027 shall, at minimum, be eligible for annual renewal
23  of the reduced valuation during an initial 10-year
24  period if annual certification requirements are met
25  for each of the 10 years, as described in subparagraph
26  (B) of paragraph (4) of subsection (d) of this

 

 

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1  Section. If an owner is approved for the reduced
2  valuation conferred by this Section prior to December
3  31, 2037 and this Section is not subsequently
4  extended, this shall not disqualify or shorten the
5  maximum eligibility periods for any property approved
6  to receive a reduced valuation.
7  (B) Property receiving a reduction outlined in
8  paragraph (1) of subsection (c) of this Section shall
9  continue to be eligible for an initial period of up to
10  10 years if annual certification requirements are met
11  for each of the 10 years, but shall be extended for up
12  to 2 additional 10-year periods with annual renewals
13  if the owner continues to meet the requirements of
14  this Section, including annual certifications, and
15  excluding the requirements regarding new construction
16  or qualifying rehabilitation defined in subparagraph
17  (D) of paragraph (1) of this subsection.
18  (C) The annual certification materials in the year
19  prior to final year of eligibility for the reduction
20  in assessed value must include a dated copy of the
21  written notice provided to tenants informing them of
22  the date of the termination if the owner is not seeking
23  a renewal.
24  (D) If the property is sold or transferred, the
25  purchaser or transferee must comply with all
26  requirements of this Section, excluding the

 

 

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1  requirements regarding new construction or qualifying
2  rehabilitation defined in subparagraph (D) of
3  paragraph (1) of this subsection, in order to continue
4  receiving the reduction in assessed value. Purchasers
5  and transferees who comply with all requirements of
6  this Section excluding the requirements regarding new
7  construction or qualifying rehabilitation defined in
8  subparagraph (D) of paragraph (1) of this subsection
9  are eligible to apply for renewal on the schedule set
10  by the initial application.
11  (E) (Blank). The owner may apply for the reduced
12  valuation if the residential real property meets all
13  requirements of this Section and the newly constructed
14  residential real property or improvements to existing
15  residential real property were put in service on or
16  after January 1, 2015. However, the initial 10-year
17  eligibility period or 30-year eligibility period,
18  depending on the applicable program, shall be reduced
19  by the number of years between the placed in service
20  date and the date the owner first receives this
21  reduced valuation.
22  (F) The owner may apply for the reduced valuation
23  within 2 years after the newly constructed residential
24  real property or improvements to existing residential
25  real property are put in service. However, the initial
26  10-year eligibility period or 30-year eligibility

 

 

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1  period, depending on the applicable program, shall be
2  reduced for the number of years between the placed in
3  service date and the date the owner first receives
4  this reduced valuation.
5  (G) Owners of a multifamily building receiving a
6  reduced valuation through the Cook County Class 9
7  program during the year in which this amendatory Act
8  of the 102nd General Assembly takes effect shall be
9  deemed automatically eligible for the reduced
10  valuation defined in paragraph (1) of subsection (c)
11  of this Section in terms of meeting the criteria for
12  new construction or substantial rehabilitation for a
13  specific multifamily building regardless of when the
14  newly constructed residential real property or
15  improvements to existing residential real property
16  were put in service. If a Cook County Class 9 owner had
17  Class 9 status revoked on or after January 1, 2017 but
18  can provide documents sufficient to prove that the
19  revocation was in error or any deficiencies leading to
20  the revocation have been cured, the chief county
21  assessment officer may deem the owner to be eligible.
22  However, owners may not receive both the reduced
23  valuation under this Section and the reduced valuation
24  under the Cook County Class 9 program in any single
25  assessment year. In addition, the number of years
26  during which an owner has participated in the Class 9

 

 

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1  program shall count against the 3 10-year periods of
2  eligibility for the reduced valuation as defined in
3  subparagraph (1) of subsection (c) of this Section.
4  (H) At the completion of the assessment reduction
5  period described in this Section: the entire parcel
6  will be assessed as otherwise provided by law.
7  (7) If the chief county assessment officer has not
8  created application forms, the chief county assessment
9  officer shall make publicly available and accept
10  applications forms that shall be available to local
11  governments from the Illinois Department of Revenue. If a
12  county Internet website exists, the application materials,
13  as well as any other program requirements used by the
14  county (such as application deadlines, fees, and other
15  procedures required by the application) must be published
16  on that website, otherwise it must be available to the
17  public upon request at the office of the chief county
18  assessment officer.
19  (g) As used in this Section:
20  "Affordable units" means units that have rents that do not
21  exceed the maximum rents as defined in this Section.
22  "Assessed value for the residential real property in the
23  base year" means the assessed value used to calculate the tax
24  bill, as certified by the board of review, for the tax year
25  immediately prior to the tax year in which the building permit
26  is issued. For property assessed as other than residential

 

 

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1  property, the "assessed value for the residential real
2  property in the base year" means the assessed value that would
3  have been obtained had the property been classified as
4  residential as derived from the board of review's certified
5  market value.
6  "Household income" includes the annual income for all the
7  people who occupy a housing unit that is anticipated to be
8  received from a source outside of the family during the
9  12-month period following admission or the annual
10  recertification, including related family members and all the
11  unrelated people who share the housing unit. Household income
12  includes the total of the following income sources: wages,
13  salaries and tips before any payroll deductions; net business
14  income; interest and dividends; payments in lieu of earnings,
15  such as unemployment and disability compensation, worker's
16  compensation and severance pay; Social Security income,
17  including lump sum payments; payments from insurance policies,
18  annuities, pensions, disability benefits and other types of
19  periodic payments, alimony, child support, and other regular
20  monetary contributions; and public assistance, except for
21  assistance from the Supplemental Nutrition Assistance Program
22  (SNAP). "Household income" does not include: earnings of
23  children under age 18; temporary income such as cash gifts;
24  reimbursement for medical expenses; lump sums from
25  inheritance, insurance payments, settlements for personal or
26  property losses; student financial assistance paid directly to

 

 

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1  the student or to an educational institution; foster child
2  care payments; receipts from government-funded training
3  programs; assistance from the Supplemental Nutrition
4  Assistance Program (SNAP).
5  "Low affordability community" means (1) a municipality or
6  jurisdiction with less than 1,000,000 inhabitants in which 40%
7  or less of its total year-round housing units are affordable,
8  as determined by the Illinois Housing Development Authority
9  during the exemption determination process under the
10  Affordable Housing Planning and Appeal Act; (2) "D" zoning
11  districts as now or hereafter designated in the Chicago Zoning
12  Ordinance; or (3) a jurisdiction located in a municipality
13  with 1,000,000 or more inhabitants that has been designated as
14  a low affordability community by passage of a local ordinance
15  by that municipality, specifying the census tract or property
16  by permanent index number or numbers.
17  "Maximum income limits" means the maximum regular income
18  limits for 60% of area median income for the geographic area in
19  which the multifamily building is located for multifamily
20  programs as determined by the United States Department of
21  Housing and Urban Development and published annually by the
22  Illinois Housing Development Authority. A property may be
23  deemed to have satisfied the maximum income limits with a
24  weighted average if municipal, state, or federal laws,
25  ordinances, rules, or regulations requires the use of a
26  weighted average of no more than 60% of area median income for

 

 

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1  that property.
2  "Maximum rent" means the maximum regular rent for 60% of
3  the area median income for the geographic area in which the
4  multifamily building is located for multifamily programs as
5  determined by the United States Department of Housing and
6  Urban Development and published annually by the Illinois
7  Housing Development Authority. To be eligible for the reduced
8  valuation defined in this Section, maximum rents are to be
9  consistent with the Illinois Housing Development Authority's
10  rules; or if the owner is leasing an affordable unit to a
11  household with an income at or below the maximum income limit
12  who is participating in qualifying income-based rental subsidy
13  program, "maximum rent" means the maximum rents allowable
14  under the guidelines of the qualifying income-based rental
15  subsidy program. A property may be deemed to have satisfied
16  the maximum rent with a weighted average if municipal, state,
17  or federal laws, ordinances, rules, or regulations requires
18  the use of a weighted average of no more than 60% of area
19  median income for that property.
20  "Qualifying income-based rental subsidy program" means a
21  Housing Choice Voucher issued by a housing authority under
22  Section 8 of the United States Housing Act of 1937, a tenant
23  voucher converted to a project-based voucher by a housing
24  authority or any other program administered or funded by a
25  housing authority, the Illinois Housing Development Authority,
26  another State agency, a federal agency, or a unit of local

 

 

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1  government where participation is limited to households with
2  incomes at or below the maximum income limits as defined in
3  this Section and the tenants' portion of the rent payment is
4  based on a percentage of their income or a flat amount that
5  does not exceed the maximum rent as defined in this Section.
6  "Qualifying rehabilitation" means, at a minimum,
7  compliance with local building codes and the replacement or
8  renovation of at least 2 primary building systems to be
9  approved for the reduced valuation under paragraph (1) of
10  subsection (d) of this Section and at least 5 primary building
11  systems to be approved for the reduced valuation under
12  subsection (e) of this Section. Although the cost of each
13  primary building system may vary, to be approved for the
14  reduced valuation under paragraph (1) of subsection (d) of
15  this Section, the combined expenditure for making the building
16  compliant with local codes and replacing primary building
17  systems must be at least $8 per square foot for work completed
18  between January 1 of the year in which this amendatory Act of
19  the 102nd General Assembly takes effect and December 31 of the
20  year in which this amendatory Act of the 102nd General
21  Assembly takes effect and, in subsequent years, $8 adjusted by
22  the Consumer Price Index for All Urban Consumers, as published
23  annually by the U.S. Department of Labor. To be approved for
24  the reduced valuation under paragraph (2) of subsection (d) of
25  this Section, the combined expenditure for making the building
26  compliant with local codes and replacing primary building

 

 

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1  systems must be at least $12.50 per square foot for work
2  completed between January 1 of the year in which this
3  amendatory Act of the 102nd General Assembly takes effect and
4  December 31 of the year in which this amendatory Act of the
5  102nd General Assembly takes effect, and in subsequent years,
6  $12.50 adjusted by the Consumer Price Index for All Urban
7  Consumers, as published annually by the U.S. Department of
8  Labor. To be approved for the reduced valuation under
9  subsection (e) of this Section, the combined expenditure for
10  making the building compliant with local codes and replacing
11  primary building systems must be at least $60 per square foot
12  for work completed between January 1 of the year that this
13  amendatory Act of the 102nd General Assembly becomes effective
14  and December 31 of the year that this amendatory Act of the
15  102nd General Assembly becomes effective and, in subsequent
16  years, $60 adjusted by the Consumer Price Index for All Urban
17  Consumers, as published annually by the U.S. Department of
18  Labor. On an annual basis, the Illinois Housing Development
19  Authority shall calculate and make available on its website
20  the minimum per square foot expenditure requirements to be
21  applicable statewide to be eligible for the reduced valuation
22  available under paragraphs (1) and (2) of subsection (d) of
23  this Section and subsection (e) of this Section. This shall
24  include the historical annual expenditure requirements
25  starting with calendar year 2021. "Primary building systems",
26  together with their related rehabilitations, specifically

 

 

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1  approved for this program are:
2  (1) Electrical. All electrical work must comply with
3  applicable codes; it may consist of a combination of any
4  of the following alternatives:
5  (A) installing individual equipment and appliance
6  branch circuits as required by code (the minimum being
7  a kitchen appliance branch circuit);
8  (B) installing a new emergency service, including
9  emergency lighting with all associated conduits and
10  wiring;
11  (C) rewiring all existing feeder conduits ("home
12  runs") from the main switchgear to apartment area
13  distribution panels;
14  (D) installing new in-wall conduits for
15  receptacles, switches, appliances, equipment, and
16  fixtures;
17  (E) replacing power wiring for receptacles,
18  switches, appliances, equipment, and fixtures;
19  (F) installing new light fixtures throughout the
20  building including closets and central areas;
21  (G) replacing, adding, or doing work as necessary
22  to bring all receptacles, switches, and other
23  electrical devices into code compliance;
24  (H) installing a new main service, including
25  conduit, cables into the building, and main disconnect
26  switch; and

 

 

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1  (I) installing new distribution panels, including
2  all panel wiring, terminals, circuit breakers, and all
3  other panel devices.
4  (2) Heating. All heating work must comply with
5  applicable codes; it may consist of a combination of any
6  of the following alternatives:
7  (A) installing a new system to replace one of the
8  following heat distribution systems:
9  (i) piping and heat radiating units, including
10  new main line venting and radiator venting; or
11  (ii) duct work, diffusers, and cold air
12  returns; or
13  (iii) any other type of existing heat
14  distribution and radiation/diffusion components;
15  or
16  (B) installing a new system to replace one of the
17  following heat generating units:
18  (i) hot water/steam boiler;
19  (ii) gas furnace; or
20  (iii) any other type of existing heat
21  generating unit.
22  (3) Plumbing. All plumbing work must comply with
23  applicable codes. Replace all or a part of the in-wall
24  supply and waste plumbing; however, main supply risers,
25  waste stacks and vents, and code-conforming waste lines
26  need not be replaced.

 

 

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1  (4) Roofing. All roofing work must comply with
2  applicable codes; it may consist of either of the
3  following alternatives, separately or in combination:
4  (A) replacing all rotted roof decks and
5  insulation; or
6  (B) replacing or repairing leaking roof membranes
7  (10% is the suggested minimum replacement of
8  membrane); restoration of the entire roof is an
9  acceptable substitute for membrane replacement.
10  (5) Exterior doors and windows. Replace the exterior
11  doors and windows. Renovation of ornate entry doors is an
12  acceptable substitute for replacement.
13  (6) Floors, walls, and ceilings. Finishes must be
14  replaced or covered over with new material. Acceptable
15  replacement or covering materials are as follows:
16  (A) floors must have new carpeting, vinyl tile,
17  ceramic, refurbished wood finish, or a similar
18  substitute;
19  (B) walls must have new drywall, including joint
20  taping and painting; or
21  (C) new ceilings must be either drywall, suspended
22  type, or a similar material.
23  (7) Exterior walls.
24  (A) replace loose or crumbling mortar and masonry
25  with new material;
26  (B) replace or paint wall siding and trim as

 

 

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1  needed;
2  (C) bring porches and balconies to a sound
3  condition; or
4  (D) any combination of (A), (B), and (C).
5  (8) Elevators. Where applicable, at least 4 of the
6  following 7 alternatives must be accomplished:
7  (A) replace or rebuild the machine room controls
8  and refurbish the elevator machine (or equivalent
9  mechanisms in the case of hydraulic elevators);
10  (B) replace hoistway electro-mechanical items
11  including: ropes, switches, limits, buffers, levelers,
12  and deflector sheaves (or equivalent mechanisms in the
13  case of hydraulic elevators);
14  (C) replace hoistway wiring;
15  (D) replace door operators and linkage;
16  (E) replace door panels at each opening;
17  (F) replace hall stations, car stations, and
18  signal fixtures; or
19  (G) rebuild the car shell and refinish the
20  interior.
21  (9) Health and safety.
22  (A) Install or replace fire suppression systems;
23  (B) install or replace security systems; or
24  (C) environmental remediation of lead-based paint,
25  asbestos, leaking underground storage tanks, or radon.
26  (10) Energy conservation improvements undertaken to

 

 

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1  limit the amount of solar energy absorbed by a building's
2  roof or to reduce energy use for the property, including,
3  but not limited to, any of the following activities:
4  (A) installing or replacing reflective roof
5  coatings (flat roofs);
6  (B) installing or replacing R-49 roof insulation;
7  (C) installing or replacing R-19 perimeter wall
8  insulation;
9  (D) installing or replacing insulated entry doors;
10  (E) installing or replacing Low E, insulated
11  windows;
12  (F) installing or replacing WaterSense labeled
13  plumbing fixtures;
14  (G) installing or replacing 90% or better sealed
15  combustion heating systems;
16  (H) installing Energy Star hot water heaters;
17  (I) installing or replacing mechanical ventilation
18  to exterior for kitchens and baths;
19  (J) installing or replacing Energy Star
20  appliances;
21  (K) installing or replacing Energy Star certified
22  lighting in common areas; or
23  (L) installing or replacing grading and
24  landscaping to promote on-site water retention if the
25  retained water is used to replace water that is
26  provided from a municipal source.

 

 

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