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Monday, December 13, 2021

New Laws for 2022: Affordable Housing


Today, we are reporting on some of the new laws that will take effect in 2022 that address affordable housing.

P.A. 102-0175 amends the Affordable Housing Planning and Appeal Act to require that non-exempt municipalities (those municipalities that the State of Illinois has determined do not meet the State's 10% threshold for "affordable housing") provide notice and hold a public hearing on any new affordable housing plan or any amendment to an existing plan. The amendment also gives the Attorney General enforcement power for the Act’s reporting requirements related to the development of an affordable housing plan. If a non-exempt local government does not submit its plan in a timely manner, the AG can file an action for mandamus or injunctive relief or take appropriate relief to ensure compliance. The Act provides that a home-rule unit "may not regulate the activities described in this Act in a manner more restrictive than the regulation of those activities by the State under this Act." A first annual report is due to the Illinois Housing Development Authority (IHDA) by March 31, 2022.

This new law also creates the COVID-19 Affordable Housing Grant Program Act which provides that the housing development authority shall establish a grant program to encourage the construction and rehabilitation of affordable multi-family housing in response to the pandemic. This requirement is subject to appropriations provided by the grant fund. We wrote about the Act here.

P.A. 102-0062 allows non-exempt local governments, community college districts, and the State of Illinois to develop affordable housing for students around community colleges in coordination with a nonprofit affordable housing developer.  

Post Authored by Dan James & Julie Tappendorf, Ancel Glink

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