* Editor’s note – Coun. J. 11-19-08, p. 47220, Art. II, § 1, repealed former Ch. 2-44, which pertained to the Department of Housing.
2-44-005 Definitions.
2-44-010 Establishment – Composition.
2-44-020 Commissioner of Housing – Appointment.
2-44-030 Department – Composition.
2-44-040 Transfer of rights, powers and duties.
2-44-050 Commissioner of Housing – Powers and duties.
2-44-060 Workforce development – Purposes and intent.
2-44-065 Program applications, administration, and related fees.
2-44-070 Annual report on homelessness and housing.
2-44-080 2015 affordable requirements.
2-44-085 2021 affordable requirements.
2-44-090 Near north/near west affordable housing pilot area.
2-44-100 Milwaukee corridor affordable housing pilot area.
2-44-105 Pilsen-Little Village affordable housing pilot area.
2-44-106 Affordable conversion units.
2-44-110 Participation by eligible persons in eligible programs.
2-44-120 Federally assisted housing preservation.
2-44-130 Condominium conversion of subsidized rental property.
2-44-135 Demolition permit surcharge ordinance.
2-44-140 Debt waiver.
2-44-145 Loan and grant restructuring.
2-44-150 Authority to modify loan terms.
2-44-160 Reallocation of volume cap.
As used in this chapter, unless the context clearly indicates otherwise:
"Commissioner" means the Commissioner of Housing or the Commissioner’s designee.
"Department" means the Department of Housing.
"Qualified Allocation Plan" shall mean the plan required under Section 42(m) of the Internal Revenue Code of 1986, as amended, and adopted by the Department in connection with low-income housing tax credits.
(Added Coun. J. 11-14-18, p. 90308, Art. I, § 1; Amend Coun. J. 11-26-19, p. 11390, Art. I, § 2)
There is hereby established an executive department of the municipal government of the City, which shall be known as the Department of Housing. The Department shall include the Commissioner of Housing, and such deputies, assistants and other employees as may be provided for in the annual appropriation ordinance.
(Added Coun. J. 11-14-18, p. 90308, Art. I, § 1)
(a) Transfer of powers. The Commissioner and Department of Housing shall assume all rights, powers, duties, obligations and responsibilities ("powers") that were formerly exercised by the Commissioner and Department of Planning and Development and transferred to the Commissioner and Department of Housing pursuant to this Chapter 2-44, including:
(1) All related personnel, books, records, property and funds;
(2) The administration of any related federal, state, local or private grant or loan programs, except to the extent prohibited by the grantor or grant agreement; and
(3) The related rights and duties under existing contracts, appropriations, grant agreements, redevelopment agreements, leases, indentures, or other agreements or ordinances.
(b) Legal status of existing rules. All rules issued by the Commissioner of Planning and Development in connection with such transferred powers, and in effect as of the effective date of this Chapter 2-44, shall remain in effect until amended or repealed by the Commissioner of Housing.
(c) Transition period. In order to facilitate an orderly, gradual and efficient transfer of the powers set forth in subsection (a) of this section, a transition period beginning on January 1, 2019 is hereby established, during which time the Department of Planning and Development and its Commissioner ("DPD Commissioner") shall continue to exercise those powers until such time that a new Housing Commissioner is appointed and confirmed and such Housing Commissioner determines that the newly established Department of Housing is sufficiently operational to administer any specific power(s) transferred to it pursuant to this enabling Ordinance. During this transition period, the DPD Commissioner shall retain any and all powers necessary or appropriate to complete or continue the negotiation, execution or implementation of any agreement or other instrument pertaining to affordable housing or otherwise within the purview of the DPD Commissioner’s former powers initiated prior to January 1, 2019 and thereafter until such time that the Commissioner of Housing determines that the transfer of powers is complete.
(Added Coun. J. 11-14-18, p. 90308, Art. I, § 1)
(a) The Commissioner is authorized to:
(1) Develop and administer programs and policies to encourage and promote the availability of adequate and affordable housing in the City.
(2) Develop and administer programs and policies to encourage and promote workforce development.
(3) Manage residential properties and liens on residential properties acquired by the City, including authority to negotiate and execute leases of units within such properties.
(4) Expend legally available funds for the purpose of assisting the Chicago Housing Authority in maintaining and improving its property, including but not limited to property repairs and rehabilitation, purchase and installation of fencing and other security measures and devices, nuisance abatement, playground construction and other site improvements.
(5) Designate any appropriate public participation process that will ensure the involvement of residents in the activities of the Department. Such process shall include the solicitation of advice, guidance and assistance from residents in the areas of activity in which Department is involved.
(6) Adopt such rules as the Commissioner may deem necessary or appropriate for the proper administration and enforcement of this Chapter 2-44 and the provisions of this Code pertaining to the rights, powers, duties, obligations and responsibilities of the Department.
(7) Either personally or through a designee, administer and/or allocate low-income housing tax credits pursuant to Section 42 of the Internal Revenue Code of 1986 (for purposes of this section, "Section 42") in connection with qualified low-income housing projects.
(8) Enter into, negotiate, and execute such agreements or documents and to promulgate and amend such rules as are necessary to maximize the use of low-income housing tax credits administered and/or allocated by the City in connection with qualified low-income housing projects for expanding affordable housing within the City, all consistent with the requirements of Section 42 and any regulations promulgated thereunder.
(9) Subject to the appropriation of funds, enter into land banking agreements with the Cook County Land Bank Authority (CCLBA), or its successor agency, and enter into and execute all such other instruments and perform any and all acts as shall be necessary or advisable in connection with the implementation of such agreements, including any extensions thereof. The agreements may authorize the Commissioner to pay or reimburse the CCLBA, or its successor agency, for acquisition-related costs, holding costs, and land banking fees for use of CCLBA, or such agency's, staff and resources, and may include such other terms as the Commissioner deems appropriate, including provisions providing indemnification.
(10) Subject to the appropriation of funds, enter into and execute any and all agreements or instruments and perform any and all acts as shall be necessary or advisable to purchase delinquent or forfeited property taxes from the County of Cook in order to assemble property for development.
(b) It shall be the duty of the Commissioner to:
(1) Supervise and coordinate the formulation and execution of projects and programs affecting housing within the City of Chicago, including projects and programs relating to construction, purchasing, financing, leasing, maintenance, rehabilitation and relocation services, and resident and developer support services, and to render necessary related services, as requested, to the Mayor and to the City Council and its committees;
(2) Enter into cooperative agreements with the Chicago Housing Authority and other governmental agencies and instrumentalities, when exercising the Commissioner’s powers under this section, provided that such agreements shall not authorize the use of City funds for purposes of demolition or major capital projects without City Council approval;
(3) Conduct research and demographic studies;
(4) Designate geographic areas according to their demographic and economic conditions for the purposes of housing programs, including low-income, moderate income, low-moderate income, higher income, accelerating, appreciated or appreciating areas, and including the various demographic and economic designations set forth in Sections 2-44-080, 2-44-090, and 2-44-100 of the Municipal Code;
(5) Create, maintain and expand plans for the City of Chicago; and
(6) Render necessary services, as requested, to the Mayor and to the City Council and its committees.
(c) The powers and duties in this section that are also conferred upon the Commissioner and Department of Planning and Development, including but not limited to the authority to promulgate rules governing the same subject matter, shall, to the extent feasible, be carried out in consultation and coordination with that Department in order to promote consistency, efficiency and effectiveness.
(Added Coun. J. 11-14-18, p. 90308, Art. I, § 1; Amend Coun. J. 11-26-19, p. 11390, Art. I, § 3; Amend Coun. J. 1-27-21, p. 26741, Art. II, § 2; Amend Coun. J. 3-23-22, p. 45596, § 1)
The Department shall promote the idea that human capital development is an important aspect of housing, and may identify and implement opportunities for workforce development activities and initiatives within housing programs and projects, including pursuing workforce related grants, where available and appropriate.
(Added Coun. J. 11-14-18, p. 90308, Art. I, § 1)
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