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Tuesday, August 8, 2023

Amendments to Affordable Housing and Appeal Act Enacted

P.A. 103-478 (SB 1476) was enacted last week to amend certain provisions of the Affordable Housing and Appeal Act, as follows:

First, the Act modifies provisions regarding the content of required affordable housing plans to require plans to also include a description of the following:

  • A consideration of affordable housing for both owner-occupied dwelling units and dwelling units for rent as part of the identification of land most appropriate for the construction of affordable housing;
  • housing market conditions;
  • infrastructure limitations; 
  • local government ordinances (including zoning or other land use ordinances), policies, or practices that do not affirmatively further fair housing;
  • any other local factors that constrain the local government's ability to create and preserve affordable housing.
The plan must also include a plan or potential strategies to eliminate or mitigate any identified local constraints to affordable housing.

The Act also requires plans to include proposed timelines within the first 24 months after the plan is adopted for actions to implement the plan. 

The Act requires non-exempt local governments to submit a report within 4 years after adopting or updating a plan to IHDA summarizing actions the local government has taken to implement its affordable housing plan.

Second, the Act modifies provisions relating to developer appeals to the State Housing Appeals Board, expanding the parties that can file an appeal to include not only the affordable housing developer, but also persons who would be eligible to reside in the proposed development and housing organizations

Third, the Act modifies the make-up of the State Housing Appeals Board.


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