Illinois Bar Journal

July 2013Volume 101Number 7Page 336

Illinois Law Update:
Administrative Agencies

By students of the University of Illinois College of Law

Affordable Housing Planning and Appeal Act regulations specify appeals process for developers

Illinois Housing Development Authority

Newly enacted regulatory provisions, effective March 29, 2013, authorize the Illinois Housing Development Authority to adopt rules implementing the responsibilities of the State Housing Appeals Board (the "Board") under the Affordable Housing Planning and Appeal Act, 310 ILCS 67/60. These provisions are intended to provide direction to local governments and affordable housing developers. The new rules describe the governing structure, the duties, and the responsibilities of the Board, and they specify the process of appeal by affordable housing developers. This segment will briefly describe the structure of these regulatory provisions.

"Affordable housing" is defined as housing that has sales or rental value falling within the means of a household of moderate or low income - with fees being no more than 30 percent of the gross annual household income. See 47 Ill. Adm. Code 395.103. A moderate-income household is one with income greater than fifty percent but not to exceed eighty percent of the area median income. Id. A low-income household is one with a gross household income not to exceed fifty percent of the area median household income. Id.

Subpart B describes the organizational structure, membership structure, duties, and responsibilities of the Board. 47 Ill. Adm. Code 395.201-204. Subpart C regulates and defines procedures for appeals by affordable housing developers, including procedural burdens, and the right to hearings and similar proceedings. 47 Ill. Adm. Code 395.301-319.