2023 Illinois Compiled Statutes › Chapter 310 - HOUSING › 310 ILCS 20/ - Housing Development and Construction Act.

(310 ILCS 20/0.01) (from Ch. 67 1/2, par. 52.9)
Sec. 0.01. 
		Short title. 
		This Act may be cited as the
Housing Development and Construction Act.
(Source: P.A. 86-1324; 87-435.)
(310 ILCS 20/1) (from Ch. 67 1/2, par. 53)
Sec. 1. 
		
		It is declared as a matter of legislative determination that in
order to promote and protect the health, safety, morals and welfare of the
public, it is necessary in the public interest to provide financial
assistance to housing authorities and Land Clearance Commissions for the
purpose of facilitating the construction and development of housing and
alleviating the crucial housing shortage which prevails throughout the
state; that the uses and purposes for which moneys may be allocated under
this act are grounded in public necessity and predicated upon emergency
conditions requiring immediate governmental consideration and action; and
that the provisions of this Act embrace public objects and governmental
functions essential to the public interest.
(Source: Laws 1947, p. 1086.)
(310 ILCS 20/2) (from Ch. 67 1/2, par. 54)
Sec. 2. Any housing authority now or hereafter organized under the
"Housing Authorities Act," approved March 19, 1934, as amended, and any
Land Clearance Commission heretofore organized under the Act herein
repealed or organized prior to the effective date of this amendatory Act of the 102nd General Assembly under the provisions of the Blighted
Areas Redevelopment Act of 1947 (repealed) 
may make application to the Department of Commerce and Economic Opportunity for a
grant of state funds from the appropriation designated for the making of
grants under this Act. No such housing authority or Land Clearance
Commission shall apply for a sum larger than the proportion of the
population of its area of operation to the population of the State, and
where an authority and Land Clearance Commission have been created by
the governing body of the same municipality, an amount not in excess of
one-half (1/2) of the maximum grant allocable for such municipality on
the foregoing basis of proportion of population may be allocated to the
housing authority and an amount not in excess of one-half (1/2) of the
maximum grant so allocable for such municipality may be allocated to the
Land Clearance Commission.
The foregoing provisions of this Section in respect to maximum
allocable grants to housing authorities and land clearance commissions
from funds appropriated by the 66th or any succeeding General Assembly,
and applications therefor, shall be subject to the provisions of Section
3a of this Act.
(Source: P.A. 102-510, eff. 8-20-21.)
(310 ILCS 20/3) (from Ch. 67 1/2, par. 55)
Sec. 3. Every application for a grant shall be accompanied by a
statement of the uses to which a grant is to be applied, a description
of the housing conditions in the area of operation of the applicant, and
a plan for development or redevelopment or other use to be undertaken by
the applicant.  Subject to the provisions of Section 3a the Department
of Commerce and Economic Opportunity shall
review all applications for grants and
if satisfied that a need therefor exists in relation to the uses to
which it is to be applied and upon approval of the plan submitted with
the application, the Director of Commerce and
Economic Opportunity
						Community Affairs shall transmit to the State
Comptroller a statement of approval
and of the amount of the grant.  Upon receipt of such statement by the
Comptroller, the approved grant shall be paid to the applicant from any
appropriation designated for the making of grants under this Act.
(Source: P.A. 94-793, eff. 5-19-06.)
(310 ILCS 20/3a) (from Ch. 67 1/2, par. 55a)
Sec. 3a. Application for grants from funds appropriated by the 66th
or any succeeding General Assembly shall be made not later than June
30th of the year following the year in which such appropriation was
enacted.  Each such application shall be reviewed by the Department of
Commerce and Economic Opportunity as provided
in Section 3 and if approved shall
entitle the applicant to a grant upon the basis of the population
formula prescribed in Section 2. No application shall be approved unless
the Department of Commerce and Economic Opportunity is satisfied that the amount
approved will be properly employed by the applicant in carrying out the
plan accompanying the application.
If any housing authority or land clearance commission has failed to
make application for a grant of funds appropriated by the 66th or any
succeeding General Assembly prior to July 1st of the year following the
year in which the appropriation was enacted, such portion of the
appropriation as remains unallocated shall be available for distribution
by the Department of Commerce and Economic Opportunity to housing authorities and
land clearance commissions which make application and establish a need
therefor in relation to a specific project or projects approved by the
Department.  The determination of the relative needs of applicants shall
be made by the Department of Commerce and Economic Opportunity; provided, that in
no event shall the sum of any initial and supplemental grants to any
applicant exceed  50% of the total appropriation made available for
distribution to all applicants in the State.
(Source: P.A. 94-793, eff. 5-19-06.)
(310 ILCS 20/3b) (from Ch. 67 1/2, par. 55b)
Sec. 3b. In any municipality or county for which a Land Clearance
Commission has been established, and for which no Housing Authority has
been established, the Land Clearance Commission, if a recipient of state
grants under this Act, may, subject to the approval of the Department of
Commerce and Economic Opportunity, exercise
the powers vested in Housing
Authorities under the provisions of this Act and the "Housing
Authorities Act," approved March 19, 1934, as amended, and apply state
grant funds allocated under this Act to any such purpose.  For the
purpose of any project so undertaken, the Land Clearance Commission
shall be subject to all laws and regulations applicable to Housing
Authorities.  In 
respect to pending, uncompleted or existing projects undertaken as a
Housing Authority, the Land Clearance Commission, subject to the
approval of the Department of Commerce and Economic Opportunity, may either
complete or continue such project, or transfer full and complete power
thereover to the Housing Authority.
(Source: P.A. 102-510, eff. 8-20-21.)
(310 ILCS 20/4) (from Ch. 67 1/2, par. 56)
Sec. 4. 
Grants paid to Land Clearance Commissions pursuant to this Act
shall be deposited in a separate fund. If
any such Land Clearance Commission has received state or municipal grants
under the Blighted Areas Redevelopment Act of 1947 (repealed) prior to the effective date of this amendatory Act of the 102nd General Assembly, the sum paid under
this Act shall be deposited in the separate fund into which such other
grants were placed for use in connection with any redevelopment project or
projects undertaken by such commission. No grant to a Land Clearance
Commission hereunder shall be conditioned upon the matching thereof by the
municipality in which the redevelopment project is located.
(Source: P.A. 102-510, eff. 8-20-21.)
(310 ILCS 20/5) (from Ch. 67 1/2, par. 57)
Sec. 5. Any grants paid hereunder to a housing authority shall be
deposited in a separate fund and, subject to the approval of the
Department of Commerce and Economic Opportunity, may be used for any or all of
the following purposes as the needs of the community may require: the
acquisition of land by purchase, gift or condemnation and the
improvement thereof, the purchase and installation of temporary housing
facilities, the construction of housing units for rent or sale to
veterans, the families of deceased servicemen, and for persons and
families who by reason of overcrowded housing conditions or displacement
by eviction, fires or other calamities, or slum clearance or other
private or public project involving relocation, are in urgent need of
safe and sanitary housing, the making of grants in connection with the
sale or lease of real property as provided in the following paragraph of
this section, and for any and all purposes authorized by the "Housing
Authorities Act," approved March 19, 1934, as amended, including
administrative expenses of the housing authorities in relation to the
aforesaid objectives, to the extent and for the purposes
authorized and
approved by the Department of Commerce and Economic Opportunity.  Each housing
authority is vested with power to exercise the right of eminent domain
for the purposes authorized by this Act. Condemnation proceedings
instituted by any such authority shall be in all respects in the manner
provided for the exercise of the right of
eminent domain under the Eminent Domain Act.
In addition to the foregoing, and for the purpose of facilitating the
development and construction of housing, housing authorities may, with
the approval of the Department of Commerce and Economic Opportunity, enter into
contracts and agreements for the sale or lease of real property acquired
by the Authority through the use of the grant hereunder, and may sell or
lease such property to (1) housing corporations operating under "An Act
in relation to housing," approved July 12, 1933, as amended; (2)
neighborhood redevelopment corporations operating under the
"Neighborhood Redevelopment Corporation Law," approved July 9, 1941; (3)
insurance companies operating under Article VIII of the Illinois
Insurance Code; (4) non-profit
corporations organized for the purpose of constructing, managing and
operating housing projects and the improvement of housing conditions,
including the sale or rental of housing units to persons in need
thereof; or (5) to any other individual, association or corporation,
including bona fide housing cooperatives, desiring to engage in a
development or redevelopment project.  The term "corporation" as used in
this section, means a corporation organized under the laws of this or
any other state of the United States, or of any country, which may
legally make investments in this State of the character herein
prescribed, including foreign and alien insurance companies as defined
in Section 2 of the "Illinois Insurance Code." No sale or lease shall be
made hereunder to any of the aforesaid corporations,
associations or
individuals unless a plan approved by the Authority has been presented
by the purchaser or lessee for the development or redevelopment of such
property, together with a bond, with satisfactory sureties, of not less
than 10% of the cost of such development or redevelopment, conditioned
upon the completion of such development or redevelopment; provided that
the requirement of the bond may be waived by the Department of Commerce
and Economic Opportunity if it is satisfied of the
financial ability of the
purchaser or lessee to complete such development or redevelopment in
accordance with the presented plan.  To further assure that the real
property so sold or leased shall be used in accordance with the plan,
the Department of Commerce and Economic Opportunity may require the purchaser or
lessee to execute in writing such undertakings as the Department deems
necessary to obligate such purchaser or lessee (1) to use the property
for the purposes presented in the plan; (2) to commence and complete the
building of the improvements designated in the plan within the periods
of time that the Department of Commerce and Economic Opportunity fixes as
reasonable, and (3) to comply with such other conditions as are
necessary to carry out the purposes of this Act.  Any such property may
be sold pursuant to this section for any legal consideration in an
amount to be approved by the  Department of Commerce and Economic Opportunity.
Subject to the approval of the Department of Commerce and Economic Opportunity,
a housing authority may pay to any non-profit corporation of the
character described in this section from grants made available from
state funds, such sum of money which, when added to the value of the
land so sold or leased to such non-profit corporation and the value of
other assets of such non-profit corporation available for use in the
project, will enable such non-profit corporation to obtain Federal
Housing Administration insured construction mortgages.  Any such
authority may also sell, transfer, convey or assign to any such
non-profit corporation any personal property, including building
materials and supplies, as it deems necessary to facilitate the
completion of the development or redevelopment by such non-profit
corporation.
If the area of operation of a housing authority includes a city,
village or incorporated town having a population in excess of 500,000,
as determined by the last preceding Federal Census, no real property or
interest in real property shall be acquired in such municipality by the
housing authority until such time as the housing authority has advised
the governing body of such municipality of the description of the real
property, or interest therein, proposed to be acquired, and the
governing body of the municipality has approved the acquisition thereof
by the housing authority.
(Source: P.A. 94-793, eff. 5-19-06; 94-1055, eff. 1-1-07.)
(310 ILCS 20/5.5)
Sec. 5.5. Eminent domain. Notwithstanding any other provision of this Act, any power granted under this Act to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.)
(310 ILCS 20/6) (from Ch. 67 1/2, par. 58)
Sec. 6. 
		
		No applications for grants shall be approved within a period of
thirty days after the effective date of this Act.
In the event an allocation is made to a housing authority prior to the
formation of a Land Clearance Commission for the same municipality, or to a
Land Clearance Commission prior to the formation of a housing authority,
the limitation on the amount of the grant as provided in Section 2 shall
not be applicable, and the maximum amount allocable on the basis of the
proportion of population as specified in Section 2 may lawfully be granted
to such existing housing authority or Land Clearance Commission.
(Source: Laws 1947, p. 1086.)
(310 ILCS 20/7) (from Ch. 67 1/2, par. 59)
Sec. 7. 
		(Repealed).
(Source: P.A. 90-372, eff. 7-1-98.  Repealed internally, eff. 7-1-98.)
(310 ILCS 20/8) (from Ch. 67 1/2, par. 60)
Sec. 8. No housing authority or land clearance commission shall
reinvest or use any funds arising from the rental or sale of any
property acquired with funds granted pursuant to this Act except with
the approval of the  Department of Commerce and Economic Opportunity.
(Source: P.A. 94-793, eff. 5-19-06.)
(310 ILCS 20/9) (from Ch. 67 1/2, par. 61)
Sec. 9. 
		
		Upon a change of the territorial boundaries of a body to which a
grant has been made, such funds as remain from such grant shall be
re-allocated on the basis of population.
(Source: Laws 1947, p. 1086.)
(310 ILCS 20/9a) (from Ch. 67 1/2, par. 61a)
Sec. 9a. In the event that any housing authority or land clearance
commission has failed or refused to initiate any project or projects for
which it has received grants of State funds under the provisions of this
Act or "An Act to promote the improvement of housing," approved July 26,
1945, and the Department of Commerce and Economic Opportunity, upon the basis of
an investigation, is convinced that such housing authority or land
clearance commission is unable or unwilling to proceed thereon, the
Department may direct the housing authority or land clearance commission
to transfer to the Department  the balance of the State funds then in
the possession of such agency, and upon failure to do so within thirty
days after such demand, the Department shall institute a civil action
for the recovery thereof, which action shall be maintained by the
Attorney General of the State of Illinois or the state's attorney of the
county in which the housing authority or land clearance commission has
its area of operation.
Any officer or member of any such housing authority or land clearance
commission who refuses to comply with the demand of the  Department of
Commerce and Economic Opportunity for the
transfer of State funds as herein
provided shall be guilty of a Class A misdemeanor.
(Source: P.A. 99-576, eff. 7-15-16.)
(310 ILCS 20/10) (from Ch. 67 1/2, par. 62)
Sec. 10. "An Act to promote the improvement of housing", approved
July 26, 1945, is repealed.   The repeal of said Act shall not affect the
validity of the organization, acts, contracts, proceedings, conveyances
and transactions of housing authorities and land clearance commissions
done or performed thereunder prior to the effective date of this Act,
and all such acts, contracts, proceedings, conveyances and transactions,
done or performed thereunder, and the organization of such authorities
and land clearance commissions are ratified, affirmed and declared valid
and legal in all respects.  Grants paid to such housing authorities and
land clearance commissions under the act herein repealed may be used by
such authorities and commissions for the purposes for which such grants
were made, and all or any portion thereof which remains unexpended and
unobligated may, in addition, be used with the approval of the Department of
Commerce and Community Affairs (now Department of Commerce and Economic Opportunity) for  any
purpose or purposes authorized
by this
Act.
(Source: P.A. 102-510, eff. 8-20-21.)
(310 ILCS 20/10a)
Sec. 10a. Blighted Areas Redevelopment Act of 1947; repeal. The repeal of the Blighted Areas Redevelopment Act of 1947 does not affect the
validity of the organization, acts, contracts, proceedings, conveyances,
and transactions of housing authorities and land clearance commissions
done or performed thereunder prior to the effective date of this amendatory Act of the 102nd General Assembly and all such acts, contracts, proceedings, conveyances, and transactions,
done or performed thereunder, and the organization of such authorities
and land clearance commissions are ratified, affirmed, and declared valid
and legal in all respects.  Grants paid to such housing authorities and
land clearance commissions under the Act herein repealed may be used by
such authorities and commissions for the purposes for which such grants
were made, and all or any portion thereof which remains unexpended and
unobligated may, in addition, be used with the approval of the Department of Commerce and Economic Opportunity for  any
purpose or purposes authorized
by this
Act.
(Source: P.A. 102-510, eff. 8-20-21.)