Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 395 - STATE HOUSING APPEALS BOARD › Subpart A - GENERAL RULES › Section 395.103 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
The following terms used in this Part shall have the
				  following definitions:
"Act": The Affordable Housing Planning and Appeal Act [ 310
				  ILCS 67 ].
"Affordable Housing": Housing that has a value or cost or
				  rental amount that is within the means of a household that may occupy
				  Moderate-Income Housing or Low-Income Housing.
In the case of owner-occupied Dwelling Units, Affordable
				  Housing means housing in which mortgage, amortization, taxes, insurance and
				  condominium or association fees, if any, constitute no more than 30% of the
				  gross annual household income for a household of the size that may occupy the
				  Dwelling Unit.
In the case of Dwelling Units for rent, Affordable Housing
				  means housing for which the rent and utilities constitute no more than 30% of
				  the gross annual household income for a household of the size that may occupy
				  the Dwelling Unit.
"Affordable Housing Developer": A nonprofit entity, limited
				  equity cooperative or public agency, or private individual, firm, corporation,
				  or other entity seeking to build an Affordable Housing Development.
"Affordable Housing Development": Any housing that is
				  subsidized by the federal or State government, or any housing in which at least
				  20% of the Dwelling Units are subject to covenants or restrictions that require
				  the Dwelling Units to be sold or rented at prices that preserve them as
				  Affordable Housing for a period of at least 15 years, in the case of
				  owner-occupied housing, and at least 30 years, in the case of rental
				  housing.
"Affordable Housing Plan": The Affordable Housing Plan to be
				  approved by all Non-Exempt Local Governments as set forth in Section 25 of the
				  Act.
"Approving Authority": The governing body of the Local
				  Government.
"Area Median Household Income": The median household income
				  adjusted for family size for applicable income limit areas as determined
				  annually by HUD under Section 8 of the United States Housing Act of 1937 (
				  42 USC
				  1437 ).
"Board": The State Housing Appeals Board.
"Chairman": The chairman of the Board.
"Contumacious Conduct": A willful disobedience of the Board's
				  order.
"Days": Calendar days. Due dates under this Part falling on a
				  Saturday, Sunday or a legal State or federal holiday shall be deemed to fall on
				  the next calendar day that is not a Saturday, Sunday or a legal State or
				  federal holiday.
"Development": Any building, construction, renovation or
				  excavation, or any material change in any structure or land, or change in the
				  use of a structure or land, that results in a net increase in the number of
				  Dwelling Units in a structure or on a parcel of land by more than one Dwelling
				  Unit.
"Dwelling Unit": Real property located within the State upon
				  which there is located a structure or structures that are a single family home,
				  a condominium or a multi-unit residential structure that is the principal
				  residence of the Household that resides in the unit.
"Exempt Local Government": Any Local Government in which at
				  least 10% of its total year-round housing units are Affordable Housing, as
				  determined by the Authority pursuant to Section 20 of the Act, or any
				  municipality whose population is less than 1,000.
"Household": The person or persons occupying a Dwelling
				  Unit.
"HUD": The United States Department of Housing and Urban
				  Development.
"IHDA": The Illinois Housing Development Authority.
"IHDA Act": The Illinois Housing Development Act [ 20 ILCS
				  3805 ].
"IHDA Chairman": The chairman of IHDA.
"Initial Pleading": The Initial Pleading submitted by an
				  Affordable Housing Developer as set forth in Section
				  395.305.
"Local Government": A county or a municipality.
"Low-Income Housing": Housing that is affordable, according
				  to HUD, for either home ownership or rental and that is occupied, reserved or
				  marketed for occupancy by Households with a gross household income that does
				  not exceed 50% of the Area Median Household Income.
"Member": A member of the State Housing Appeals Board.
"Moderate-Income Housing": Housing that is affordable,
				  according to HUD, for either home ownership or rental, and that is occupied,
				  reserved or marketed for occupancy by Households with a gross household income
				  that is greater than 50%, but does not exceed 80%, of the Area Median
				  Income.
"Non-Appealable Local Government Requirements": All essential
				  requirements that protect the public health and safety, including any local
				  building, electrical, fire or plumbing code requirements or those requirements
				  that are critical to the protection or preservation of the environment. Zoning,
				  density and bulk restrictions may count as Non-Appealable Local Government
				  Requirements if the Board finds that they qualify under the Act's definition of
				  Non-Appealable Local Government Requirements.
"Non-Exempt Local Governments": All Local Governments that
				  are not Exempt Local Governments.
"Notice of Appeal": The Notice of Appeal sent to an Approving
				  Authority by the Board as set forth in Section
				  395.306.
"Offices of IHDA": 111 E. Wacker, Suite 1000, Chicago,
				  Illinois 60601.
"Public Building":
Any building or portion thereof
				  owned or leased by
a
Public Body
. [
				  5 ILCS
				  120/2.01 ]
"Public Body": All legislative, executive, administrative or
				  advisory bodies of the State, counties, townships, cities, villages,
				  incorporated towns, school districts, and all other municipal corporations,
				  boards, bureaus, committees or commissions of the State, and any subsidiary
				  bodies of any of the foregoing, including, but not limited to, committees and
				  subcommittees supported in whole or in part by tax revenue, or that expend tax
				  revenue, except the General Assembly and committees or commissions of the
				  General Assembly.
"Reply": The Reply sent by the Approving Authority in
				  response to an Initial Pleading.
"State": The State of Illinois.
"Vice-Chairman": The Vice-Chairman of the State Housing
				  Appeals Board.