|
Illinois Enacts Housing Appeals,
<br /> Planning Statute
<br />
<br />has become the ~.ourth state in the U.S. to enact an a~%tdabte
<br />housing appeals statute, in August, Illinois Governor Rod
<br />Blagojevich signed the At:t%rdable Housing P!anning and Appeals
<br />Ac:, an adaptation ora model law from APA'~ Growing Smart~M
<br />£4gis&tive Guidebook, puN[shed iasc year.
<br /> The law authorized an appeal to a sram-level board by developers of
<br />affordable housing projects whose application to a local government is
<br />either denied or approved with conditions char make the affordable
<br />housing infeasible. The board may 'affirm, tever~e, or modify the
<br />conditions or~, or add conditions to, a permitting decision made by the
<br />[oc~l government. The appea.b statute does not apply rD essential
<br />requirements &at affect health and s~ev!, such as building, fire, or
<br />eiectric~ codes. The [aw exempts ideal governments when at least 10
<br />percent of their year-round housing units are affordable, as determined
<br />by the Illinois Housing Development Auchodry.. (ID[IA) under
<br />standards contained in the act. Also excluded are municipalities with
<br />populations ,,ruder 1,000.
<br /> The law defines an affordable housing development as any housing
<br />chat is either subsidized by &e [.hderal or state government or any
<br />housing in which at least 20 percent of the dwe~ng units are subject rD
<br />covenants or restricdon~ chat require chat che dsveL[ing units be sold or
<br />tented ar prices that preserve them as affordable housing for ~ 5 ?ears,
<br />in the case of L'br-sale housing, or ar [east 30 years, in the case of rental
<br />housing, it adopts the U.S. Department of Housing and Urban
<br />Developmenfs definition ofaffordaNlit7 so that housing costs
<br />constitute no more than 30 percent of gross annual household income,
<br />adjusted by household size.
<br /> "The lack of affordable, accessible, and safe housing affects the
<br />residents of ever/municipality in ~he state," said State
<br />Representative Julie Hamos (D~Evanston), one of che Iaw's
<br />sponsors. "I supported this important law because ir will create
<br />housing options ~.or workers closer to their job sites as well as for
<br />seniors who would like to retire in their own communiv/."
<br /> However, in contrast to Massachusetts, Rhode ~dand, and
<br />Connecticut statutes, the Illinois law contains a housing planning
<br />requirement for non-exempt local governments. Prior to July l,
<br />2004, such governments must approve a plan that:
<br />· states the dumber'of affordable housing units necessaqz rD
<br /> exempt the local governmentfro' m the act.
<br />· identifies tan& within the local government's jurisdiction char are
<br /> suitable for affordable housing and structures that axe most
<br /> appropriate fbr rehabilkafion or conversion :o a.r%rdable housing.
<br /> specifies incentives chat the local government may offer
<br /> developers m spur affordable housing construction.
<br /> establishes a specific affordable housing goal. The focal
<br /> government can decide whether affordable housing is to be a
<br /> minimum of 15 percent of ail new development or
<br /> redevelopment in the communi~ or a three percent increase in
<br /> the percentage of existing affordable units. Mternately, the
<br /> government can set a fixed affordable housing goal of 10 percent
<br /> of the housing stock.
<br />
<br /> State Senator Iris Marrinez (D-Chicago), another sponsor, says the
<br />la~v is intended r.o get local governments and developers rD work together
<br />to agree on an approach rD affordable housing. The maine beneficiaries
<br />of the Iow would be groups like teachers and police officers, who are
<br />employed in a community bur who ma), not be able co afford to [ire
<br />there. Site said she ,.vas pardcu[ariy proud char the Illinois Municipal
<br />League, which opposed an earlier version of &e law, helped dra_.~
<br />revisions char ensured irs passage.
<br />
<br /> This is the second planning law enacted by the Illinois
<br />legislature over the past year. The first was the Local
<br />PLanning Technical ,~sisrance Act of 2002, which clarified
<br />requirements for local comprehensive planning and
<br />.authorized, bur did nor appropriate, grants for ptanning~
<br /> "The legislature realized they could pass planning
<br />Legislation and nor burn in Hell," quipped Sharon Caddigan,
<br />AICP, chair of the Illinois APA Legislative committee, and
<br />assistant community development director o£ Streamwood, a
<br />Chicago suburb. Still, lack of stare Eunding for the new
<br />affordable housing [aw will also be a problem in gaining
<br />acceptance of r_he Jaw's mandates. Under the law, Caddigan
<br />predicts, "Communities chat have resources will' be able to
<br />do something. Communities that don't have those resources
<br />will be adversely impacted," and may be subject to appeals to
<br />the stare-Level board.
<br /> Caddigan also pointed to a disconnect in the sram. ce: the
<br />deadline [''or preparing the local housing plans is July 1,
<br />2004, but the IDHA does not have to complete its~[isr of
<br />exempt and non-exempt governments until Januar7 1, 2006.
<br /> In September, Governor Blagojevich also approved a
<br />sweeping executive order rD create a broad-based, integrated
<br />comprehensive plan to coordinate the creation of affordable
<br />housing across Illinois. A task [''orce, composed of the ,
<br />director of the IHDA, other stare agency' heads, housing
<br />experts, and developers, will ~'ormulate the plan. Their
<br />deadline for the initial plan is December 31.
<br /> "For the first rime in our state's hisror/," said Robin
<br />Snyderman, housing director for the Metropolitan Planning
<br />Council, a Chicago-based regional planning, policy, and
<br />advocacy organization, "we actually have legislation and
<br />leadership from cbc governor's office that adc only
<br />encourages municipal leaders to address the housing needs of'
<br />the people who live and work in their communities, but also
<br />introduces an dement of accountability, for municipalities
<br />and counties who are behind &e curve." For a
<br />complimentary copy of the Illinois ?al:fordable Housing
<br />Ptanning and Appeals Act, contact Michael Davidson,
<br />Editor, Zoning News, American Planning Aasociation, 122
<br />South Michigan Avenue, Suite 1600, Chicago, IL 60603 or.
<br />send an e-mail to mdavidson@ptanning.org.
<br /> Stuart Meek, ~,qo
<br />
<br />the forum's featured article will be available for free download during
<br />the forum to subscribers o£Zoning News only. Zoning News subscribers
<br />will be able to access the article using their Zoning News subscriber
<br />number and APA websire
<br />
<br />Zoning New: is a monthly newd&ter published by the American Planning Association.
<br />Subscriptions are available for S65.(U.$,) and 590 (.foreign}. W. Paul Farmer, ^Icl,,
<br />gxecutive Director: William R. Klein, ^lc~, Director o£ Research,
<br />
<br />Zoning News is produced at APA. Jim Scdw, ab. ^heP, and Michael Davidson, Edlrors: Barry
<br />Bain, ^~cp, Fay Dolnick. Josh Edwards, ganjay jeer, a~cp, Meson Lewis, ,~aci'. Marya
<br />. Morris~ .~lcP. Rebecca Rctzlaff. am~, Lynn M. Ross, Rcporrcm Koch[ced Quirsfeid,
<br /> Assistant Editor: Lisa Barton, Design and Production.
<br />
<br />Copyright ~02003 by American Planning Association, I22 S, Michigan Ave., Sui[e t600,
<br />Chicago, iL 60603. The American Planning .4~sociation also has o£fices at 1776
<br />Massachusetts Ave., N.W., Washington, DC 2(}036; www.planning.org
<br />,MI rights re~ervedl No part of this publication may be reproduced or utilized in :my form or by
<br />any means, electronic or mechanical, including photocopying, recording, or by any intbrmation
<br />storage and recrievaJ system, ,,vtchout permission in writing from the American Planning
<br />
<br />Printed on recycled paper, including 50-70% recycled fiber ~
<br />and t0 ¥o postconsumet waste.
<br />
<br />
<br />
|