Summary as Introduced
Amends the Counties Code. Provides that specified counties may acquire real property for the purpose of creating or preserving affordable housing for persons making up to 150% of area median income annually. Provides that specified counties may enter into agreements to transfer real property with any unit of local government, any school district, or the State for the purpose of creating or preserving affordable housing for persons making up to 150% of the area median income annually. Provides that specified counties may enter into agreements to donate, lease below market rate, or sell below market rate, real property for the purpose of the creation or preservation of affordable housing for persons making up to 150% of area median income annually. Provides that specified counties may undertake any activity permitted by the Affordable Housing Planning and Appeal Act for the purpose of creating, developing, encouraging the development, or preservation of the development of affordable housing for persons making up to 150% of area median income annually. Provides that specified counties may select purchasers and lessors for properties held by the county, a county land bank, or county land trust. Provides that specified counties may encourage and facilitate the creation of affordable housing within the geographic boundaries of the county, including areas within municipalities, by offering financial incentives, including but not limited to grants and loans, and infrastructure improvements, including but not limited to, stormwater detention, public water and sewer improvements, and similar improvement which facilitate increasing the supply of affordable housing units shall be considered improvements for a public purpose, to developers of affordable housing units. Provides that specified counties may enter into agreements with property owners to engage in clearance and remediation activities. Provides that, as part of an agreement, or in return for an infrastructure improvement, a county may impose a restriction on the title of an affordable housing development subject to the agreement that restricts the income level of inhabitants of all or part of the development.
Staff Analysis
The bill amends the Counties Code to authorize certain counties to undertake activities intended to create and preserve affordable housing. Applies to counties with a population greater than 750,000 and fewer than 2 million residents, as well as counties with a county executive form of government and a population greater than 650,000 and fewer than 2 million residents, according to the most recent federal decennial census. Authorizes those counties to acquire, transfer, donate, lease below market rate, or sell below market rate real property for the creation or preservation of affordable housing for households earning up to 140% of the area median income. Counties may enter into agreements with units of local government, school districts, the State, developers, and property owners to facilitate affordable housing development, including property transfers, clearance and remediation activities, and the imposition of deed restrictions that limit occupancy based on income.
The bill further authorizes eligible counties to undertake activities permitted under the Affordable Housing Planning and Appeal Act, select purchasers and lessees for county-owned, land bank, or land trust properties, and provide financial incentives, grants, loans, and infrastructure improvements to encourage affordable housing development within the county, including within municipal boundaries. Qualifying infrastructure improvements are deemed to serve a public purpose. House Floor Amendment No. 1 expands the bill's applicability to include certain counties operating under a county executive form of government and reduces the qualifying income threshold from 150% to 140% of area median income. House Floor Amendment No. 2 provides for an immediate effective date.