Housing Policy Update

It has been a busy year for housing advocates in Springfield.  Here’s a summary of just some of the legislation that the Shriver Center and other housing advocates are working on this session.

Safe Homes Act

“Mary” was sexually assaulted in her apartment by an acquaintance. She asked her landlord to let her out of her lease early because she was traumatized every time she entered her apartment as she relived the incident over and over again. The landlord refused to let her out of her lease, and Mary could not afford to pay for two apartments. She ended up in a shelter.

Legal aid attorneys and service providers for domestic or sexual violence victims see situations like this all the time. Sometimes the tenant has been sexually assaulted. Sometimes the renter is being stalked. Sometimes there is a situation of domestic violence.

Tenants all should feel safe in their homes. In order to safeguard tenants’ physical and emotional well-being, the Sargent Shriver National Center on Poverty Law, along with the Lawyers’ Committee for Better Housing, Housing Action Illinois, and the rest of the Illinois Tenants Rights Working Group, has made passing House Bill 4715, the Safe Homes Act, a top priority for the 2006 legislative session.

The Safe Homes Act would enable victims of domestic and sexual violence to ensure their own safety in their homes either by excluding the perpetrator from the victim’s current residence or allowing the victim to move to protect herself. The Act would allow victims who are leaseholders to change the locks on their apartment after notifying the landlord. It would protect landlords who rely on a lawful court order when they change the locks. It would allow a victim who fears for her personal safety to break her lease after documenting for the landlord her status as a victim. The bill passed the House on a vote of 63-47-6 and is in the Senate Judiciary Committee.

Residential Tenant Protection Act

The Tenants Rights Working Group worked this session to increase the security of all renters through the Residential Tenant Protection Act, H.B. 4758. This Act would solidify the Forcible Entry and Detainer Act as the only legal method in Illinois for removing tenants from a dwelling unit if the tenants fail to live up to their end of the rental agreement. It would help to avert the crisis that families face when landlords take the law into their own hands and oust tenants from their homes without notice or their day in court. The bill was defeated on the House floor. Advocates got feedback on the bill and are regrouping to plan for next year.

Comprehensive Housing Planning Act

Two other housing bills have momentum in the General Assembly. The two bills, H.B. 5268 and Senate Bill 2290, each containing the Comprehensive Housing Planning Act, passed the chamber in which each was introduced. The House version is in the Senate Housing and Community Affairs Committee, while the Senate version is expected to be assigned to the House Housing and Urban Development Committee. Either bill would codify provisions of the governor’s 2003 executive order establishing a comprehensive state housing policy. It calls for state departments, such as the Departments of Human Services, Transportation, and Commerce and Economic Opportunity, to work together with the Illinois Housing Development Authority and municipalities to make sure that state and local plans and dollars are efficiently connected to spur the preservation and creation of affordable, workforce housing for underserved population groups.

Location Matters

The “Location Matters” bill, S.B. 2885, has been assigned to the House International Trade and Commerce Committee after passing the Senate on a unanimous vote. This bill provides incentives for employers to consider and invest in housing options for the local workforce. Illinois housing advocates have made some progress this year, especially given the extremely short legislative session.

Illinois Affordable Housing Trust Fund

When the governor released his 2007 fiscal year budget on February 15, it received mixed reviews from housing advocates. They saw the increases in funding that they had sought for homelessness prevention programs and supportive housing for the homeless and mentally ill. But several line items had been shifted to come out of the Illinois Affordable Housing Trust Fund, which is the state's one dedicated source for the construction and rehabilitation of new affordable housing units. These items include:

• $11 million for the Homelessness Prevention Program, which provides financial assistance to families experiencing short-term crisis
• $6.3 million for new rental assistance and rehabilitation programs for veterans, senior citizens, and people with disabilities
• $5.2 million of continued funding of for housing and rental assistance programs run by the Departments of Human Services, Children and Family Services, Health and Family Services, Veterans Affairs, and Corrections to help seniors, people with disabilities, ex-offenders, and veterans.

The Supportive Housing Funds are coming from general revenue. The Illinois Housing Development Authority maintains that the nondevelopment allocations are coming from a surplus due to increased proceeds from the real estate transfer tax and that the amount of funds currently spent on development will not decrease. Advocates are concerned about the funds’ diversion, which will make it harder to increase future allocations for development, and about how the state will fund these programs when they do not have a surplus in reserve upon which to draw.