2-32-625 Homeowner assistance program.

   (a)   As used in this section:

   "Assessed value" means the market value set for real estate tax purposes, as determined by the Office of the Cook County Assessor or the Cook County Board of Tax Appeals, or its successor the Cook County Board of Review, multiplied by the level of assessment for Class 2 property as defined in the Cook County Real Property Assessment Classification Ordinance;

   "Class 2 property" mean Class 2 property as defined in the Cook County Real Property Assessment Classification Ordinance and located in the City of Chicago;

   "Executive director" means the Executive Director of the Chicago Tax Assistance Center within the Office of Budget and Management;

   "Extension loan" has the meaning given such term in paragraph (c) herein;

   "Homeowner" means an individual who: (i) is the owner of record of or has a legal or equitable interest, except for a leasehold interest, in Class 2 property that is used by the individual as the individual's principal place of residence; and (ii) is liable for paying the real estate taxes on the property. For purposes of the definition of "homeowner", an equitable interest shall include a beneficial interest in property that is held in an Illinois land trust;

   "Household" means the homeowner, the spouse of the homeowner and all persons using the residence of the homeowner as their principal place of residence;

   "Household income" means the combined income of the members of a household for the calendar year preceding the date that the application for the homeowner assistance program is filed with the executive director;

   "Initial loan" means the first loan received by the homeowner pursuant to this section with respect to increases in the homeowner's real estate tax liability attributable to a given qualifying triennial;

   "Longtime homeowner exemption program" means the program administered by the Office of the Cook County Assessor pursuant to the Cook County Longtime Homeowner Property Tax Assessment Exemption Ordinance;

   "Qualifying triennial" means any triennial assessment by the Office of the Cook County Assessor, pursuant to which the assessed value of the homeowner's residence increases more than one and one-quarter times the median increase in assessed value for Class 2 property in the city; and

   "Real estate taxes" means the taxes on real property for which the taxpayer is liable under the Property Tax Code, 35 ILCS 200/1-1 et seq.

   (b)   The executive director is authorized to establish and administer a homeowner assistance program for the purpose of providing tax relief to homeowners with limited incomes whose properties' assessed values have significantly risen, or whose properties may be lost because of a tax sale or tax lien foreclosure. Under the homeowner assistance program, a homeowner who meets the program's eligibility requirements for an initial loan shall be eligible for an initial loan from the city in an amount not to exceed the portion of the homeowner's liability for real estate taxes for his or her principal place of residence which is attributable to the amount of increase of the assessed value of the residence as a result of the most recent assessment which is more than the median increase in assessed value for Class 2 property in the city in the most recent assessment; provided that the amount of the loan offered to an eligible homeowner shall not be less than $500 nor more than $4,000. Repayment of the initial loan, plus interest at a rate to be determined by the city comptroller, but in no event to exceed six percent simple interest per year, must be made by the homeowner prior to or at the time of the sale or transfer of ownership of the residence. The rate of interest on the initial loan shall be determined by the city comptroller in order to benefit and advance the purposes of the homeowner assistance program. A homeowner shall be eligible for an initial loan under the program if he or she meets the following criteria:

      (i)   the assessed value of the homeowner's residence has increased as a result of the most recent assessment more than one and one-quarter times the median increase in assessed value for Class 2 property in the city in the most recent assessment, or the executive director determines that the homeowner is in imminent danger of losing his or her home as the result of a tax sale or tax lien foreclosure under the Property Tax Code;

      (ii)   the applicant became the homeowner prior to January 1st of the calendar year immediately preceding the qualifying triennial for such initial loan or, if there is no qualifying triennial, the applicant has owned the home for at least two years prior to the date the application is filed;

      (iii)   the homeowner's household income does not exceed 80 percent of the Chicago area median family income as calculated by the United States Department of Housing and Urban Development; and

      (iv)   the homeowner does not qualify for the longtime homeowner exemption program.

   A homeowner who receives an initial loan and subsequently qualifies for the longtime homeowner exemption program is eligible for extension loans but is not eligible for additional initial loans. Prior to qualifying for the longtime homeowner exemption program, a homeowner may receive multiple initial loans provided that a homeowner may not receive more than one initial loan for any given qualifying triennial.

   (c)   A homeowner must file an application to participate in the program with the Chicago Tax Assistance Center within the Office of Budget and Management. The application for an initial loan shall be on a form prescribed by the executive director and shall include evidence of the homeowner's income, evidence that the applicant became the homeowner prior to January 1st of the calendar year immediately preceding the qualifying triennial for such initial loan or otherwise has owned the home for the required period of time, evidence that the homeowner does not qualify for the longtime homeowner exemption program, and, if the loan is based upon a qualifying triennial, certification from the Office of the Cook County Assessor that the assessed value of the homeowner's residence has increased as a result of the most recent assessment more than one and one-quarter times the median increase in assessed value for Class 2 property in the city in the most recent assessment. If the executive director determines that a homeowner is eligible for the program, the homeowner shall be eligible to receive an initial loan and to apply for and receive additional loans on an annual basis (each such loan, an "extension loan"), with each extension loan in an amount equal to the amount of the applicable initial loan, for as long as the homeowner applies for and receives extension loans each year without interruption. Repayment of each extension loan, plus interest at a rate to be determined by the city comptroller, but in no event to exceed six percent simple interest per year, must be made by the homeowner prior to or at the time of the sale or transfer or ownership of the residence. The rate of interest on each extension loan shall be determined by the city comptroller in order to benefit and advance the purposes of the homeowner assistance program.

   (d)   As a condition of any loan, the executive director may require that the homeowner agree to a lien on the title to the homeowner's residence in favor of the city.

   (e)   The provisions of Section 2-156-110 of this Code shall not apply to city employees with respect to their participation in the homeowner assistance program created pursuant to this section.

   (f)   The executive director shall have authority to expend legally available funds for the implementation of this section. However, the program created pursuant to this section shall be suspended at any time that no funds are legally available for the program. The executive director shall additionally have authority to enter into intergovernmental agreements and all other agreements and/or documents necessary to implement this section, to promulgate rules and regulations necessary to implement this section and to prescribe application forms and other forms necessary to elicit relevant information concerning participants in the homeowner assistance program.

   (g)   Loans received by homeowners under the program prior to the effective date of the amendatory ordinance that added to this section the terms initial loan and extension loan (such loans being referred to herein as "prior loans") shall be recharacterized as initial loans or extension loans for purposes of such homeowners' ongoing participation in the program. A prior loan shall be recharacterized as an initial loan if it was the first loan received by a homeowner with respect to increases in the homeowner's real estate tax liability attributable to a given triennial assessment by the Office of the Cook County Assessor. Prior loans that are not recharacterized as initial loans shall be recharacterized as extension loans. For homeowners with prior loans, the requirement set forth in paragraph (c) hereof that extension loans be applied for and received each year without interruption shall commence in 2002.

(Added Coun. J. 7-29-98, p. 74787; Amend Coun. J. 9-1-99, p. 10119, § 1; Amend Coun. J. 7-25-01, p. 64952, § 1; Amend Coun. J. 11-6-02, p. 95856, § 1)

Editor's note – Coun. J. 11-6-02, p. 95856, § 1, amended the Code by renumbering former § 2-44-080 as § 2-32-630; however, because that section already existed, this section has been renumbered as § 2-32-625 at the discretion of the editor.

2-32-627 Property tax relief program.

   (a)   As used in this section:

   "Adjusted Gross Income" or "AGI" means adjusted gross income as defined in the Internal Revenue Code of the United States of America, 26 U.S.C. § 62.

   "Applicable year" means tax year 2015.

   "Director" means the Director of the Office of Budget and Management of the City of Chicago, or the Director's designee.

   "Homeowner" means an individual who, at the time of the application and since January 1, 2014: (i) was the owner of record of, or had a legal or equitable interest in, property in this city that was used by the individual as the individual's principal place of residence; and (ii) was liable for paying the property taxes on the property, either directly or indirectly as the owner of a unit in a residential cooperative or as the owner of a beneficial interest in an Illinois land trust. For purposes of the definition of "homeowner," an equitable interest shall include a beneficial interest in property that is held by the owner of a unit in a residential cooperative or in an Illinois land trust.

   "Household" means the homeowner and the spouse or domestic partner of the homeowner.

   "Household adjusted gross income" or "HAGI" means the combined adjusted gross income of the household for the applicable year.

   "Property taxes" means the taxes on real property for which a homeowner is liable under the Property Tax Code, 35 ILCS 200/1-1, et seq., when that property is used by the homeowner as the homeowner's principal place of residence.

   "Property tax increase" means the amount by which the property taxes payable to the City of Chicago in tax year 2015 exceeds the property taxes payable to the City of Chicago in tax year 2014 for the same property.

   "Senior homeowner" means any homeowner who is 60 years of age or older as of January 1, 2016.

   (b)   The Director is authorized to establish and administer a property tax relief program under this section for the purpose of providing assistance to certain homeowners whose property tax liability has risen, particularly relative to their household incomes as provided in this section, and supplemental assistance to certain long term senior homeowners whose property tax liability has risen. Under this program, a homeowner who meets the eligibility requirements under this section may receive a grant in the amount specified in this section. A homeowner shall be eligible for a grant under this section, if:

      (1)   the homeowner is granted the Homeowner's Exemption for the applicable year as specified in 35 ILCS 200/15-175;

      (2)   the homeowner is not delinquent in payment of property taxes on any property in the city; and

      (3)   the property tax increase for the property and the homeowner's household adjusted gross income are within the ranges specified in subsection (c).

   (c)   The amount of the grant to a homeowner meeting the eligibility requirements specified in subsection (b) shall be as set forth in the following chart, but shall not exceed the amount of that homeowner's property tax increase:

Grant Chart

Property Tax Increase Amount	HAGI $0 To $24,999 Grant Amount	HAGI $25,000 To $49,999 Grant Amount	HAGI $50,000 To $75,000 Grant Amount
$ 0 – $49.99	$25	$25	$0
$ 50 – $99.99	$50	$25	$0
$100 – $149.99	$75	$50	$25
$150 – $199.99	$100	$75	$50
$200 – $249.99	$125	$100	$75
$250 – $299.99	$150	$125	$100
$300 – $349.99	$175	$150	$125
$350+	$200	$175	$150

 

   (d)   A senior homeowner who satisfies the eligibility requirements of subsection (b), whose household adjusted gross income is less than $75,000, and whose Equalized Assessed Value of his or her residence has increased by 30 percent or more in the most recent Cook County triennial assessment, may also apply for and receive a senior supplement grant of $150.00 if the senior homeowner:

      (1)   has used the property identified in the grant application as his or her principal place of residence since January 1, 1998 or longer;

      (2)   has not received the Senior Freeze for the applicable year pursuant to 35 ILCS 200/15-172; and

      (3)   has not received the Homestead Improvement Exemption for the applicable year pursuant to 35 ILCS 200/15-180.

   (e)   No property tax relief grant or senior supplement grant shall be allowed if an applicant owes the city a debt, as defined in section 4-4-150(a)(1) and (a)(3) of this Code; provided, however, that the Director may allow a grant if: (i) the applicant has entered into a written agreement with the department or other appropriate city department for the payment of all debts owed the city and such applicant is in compliance with the agreement; or (ii) the applicant is contesting liability for or the amount of the debt in a pending administrative or judicial proceeding; or (iii) the applicant is a debtor in a pending case under the Bankruptcy Code in which an automatic stay is in effect; or (iv) the grant is first applied against the outstanding balance of debt owed by the applicant.

   (f)   To obtain a property tax relief grant and/or a senior supplement grant, a homeowner or senior homeowner shall file an application with the Office of Budget and Management or its designee. The application shall be on a form prescribed by the Director, and shall include all evidence reasonably required by the Director to show that the applicant is eligible to obtain a property tax relief grant and/or senior supplement grant, as applicable, under this section.

   (g)   The Director shall have authority to expend up to $20,000,00.00* of legally available funds for the implementation of this section. For purposes of this section, 2016 revenues in excess of actual expenses shall be deemed legally available and are hereby appropriated for purposes of the program established by this ordinance. However, the program created pursuant to this section shall be suspended at any time that no funds are legally available for the program. The Director shall additionally have authority to enter into agreements and execute documents necessary to implement this section (including entering into agreements with an entity or entities selected by the Director, on such terms as the Director determines reasonable, to process applications under the program), to promulgate rules necessary or appropriate to implement this section, and to prescribe application forms and other forms necessary to elicit relevant information concerning participants in the property tax relief program. The Director may conduct audits to determine eligibility of an applicant to participate in the program created pursuant to this section. Any personal financial information provided to the City in connection with an application submitted under this section shall remain confidential. The Director shall also have authority to develop criteria for, implement and administer an enhanced grant that exceeds the amount set forth in subsection (c) of this section in individual cases of extraordinary hardship. Any such enhanced grant shall not exceed the amount of that homeowner's property tax increase.

* Editor’s note – As set forth in C.J. 7-20-16, p. 28065, § 1; future legislation will correct if needed.

   (h)   This section shall be repealed on December 31, 2016. Such repeal shall not affect the Director's ability to process applications filed under subsection (f) prior to such date.

(Added Coun. J. 7-20-16, p. 28065, § 1)

Editor's note – Former section, as enacted by Coun. J. 12-2-09, p. 79513, § 1, was repealed by its terms on March 31, 2010.

2-32-630 Special assessment bonds – Form and contents.

   Whenever the corporate authorities of the city shall provide by ordinance for the issuance of improvement bonds for the purpose of anticipating the collection of special assessments heretofore levied or hereafter to be levied, in pursuance of the provisions of the statutes of the state, such bonds shall be lithographed or steel- engraved on the best quality of heavy bond paper, of a design to be approved by the mayor, and shall be signed by the mayor, either personally or by a person designated by him according to law, and by the president of the board of local improvements, countersigned by the comptroller, and attested by the city clerk.

   Coupons shall be attached to such bonds which shall bear the facsimile signature of the comptroller, and shall be in substantially the following form:

   Coupon No.________   $________

The City of Chicago, Illinois, promises to pay to bearer at the office of the city treasurer, in said city, on the ________ day of ________ 19________, the sum of ________ dollars, being the annual interest on improvement bond No. ________, series No. ________, dated ________, issued in anticipation of the collection of the ________ deferred installment of special assessment No. ________, named in said bond, said sum to be paid solely out of the said installment when collected.

                  City Comptroller.

   Each bond shall have its amount printed or lithographed across the face thereof in large figures.

(Prior code § 7-53)

2-32-640 Special assessment bonds – Sale procedures.

   The comptroller may, in his discretion, invite competitive bids for the purchase of local improvement bonds issued in anticipation of the collection of special assessments. Such bids shall be solicited by advertisement in a daily newspaper of the city inserted at least one week prior to the time fixed for opening the same. The bonds shall be sold to the bidder making the highest and best bid for the same, provided, that they shall not be sold below the par value thereof and accrued interest. The comptroller shall report to the city council the particulars regarding each sale of special assessment bonds so sold.

(Prior code § 7-54)

2-32-650 Certificate of payment of special assessment.

   The comptroller is hereby authorized to issue certificates of payment of special assessments, certifying to the payment to the comptroller of any special assessment of which he has a record in his office, upon payment by the applicant therefor of a fee of $10.00 for each such certificate. The certificate shall state the number of the warrant, the number of the installment, the name of the payer, the date of payment, the description of the property, and the amount paid, and shall otherwise be in such form as may be approved by the comptroller.

(Prior code § 7-55; Amend Coun. J. 12-12-01, p. 75777, § 1.1; Amend Coun. J. 11-16-11, p. 13798, Art. I, § 2)

2-32-660 Collection of special assessments – Delinquencies.

   It shall be the duty of the comptroller to attend in person or by his representative all sales of property to enforce the collection of special assessments and to do any of the following:

   (1)   In default of other bidders, to bid thereat in behalf of the city;

   (2)   Withdraw from collection at such sale any special assessment or installment thereof levied by the city on any lot, parcel of land, or property subject to sale;

   (3)   Permit any such lot, parcel of land, or property to be forfeited to the state.

   In all cases where the city has become a purchaser at any such sale the comptroller is authorized to sell or otherwise dispose of the city's interest in the property purchased for not less than the amount bid in behalf of the city, together with interest thereon at six percent per annum from the date of sale, and all fees, costs, charges and expenses of securing certificate of sale and tax deed. In all cases where any special assessment or installment thereof has been withdrawn from collection or property has been forfeited at any such sale on account of any delinquent special assessment or installment thereof, the comptroller is authorized to collect such delinquent special assessment or installment thereof, together with interest, penalties, costs, and fees due thereon and to waive any penalties for the first year in excess of seven percent and when such collection has been made to issue a proper receipt of deposit for redemption. A fee of $2.00 shall be charged for each estimate of redemption furnished, if based on a tax search, except for an estimate furnished to any municipality. Such estimate may include all lots, parcels of land, or property in the same block and in one ownership or any number of contiguous lots, parcels of land, or property in the same block in more than one ownership.

   In all cases where the city has become a purchaser at any tax sale for the nonpayment of general taxes and water taxes, the comptroller is hereby authorized to dispose of the city's interest in the property purchased for not less than the amount bid together with all costs and expenses.

(Prior code § 7-56)