Loading...
(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powers, and in effect as of the effective date of this Chapter 2-44, shall remain in effect until amended or repealed by the Commissioner of Housing.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)
(a) The Commissioner shall have the authority to charge fees in the amount specified and provided in this section for the processing of program applications and program administration and closing costs of programs administered by the Department. Such fees shall not be refundable and shall not guarantee approval of an application or adequacy of funding. The amount of fees shall be as follows:
(1) Application Fee for multifamily finance or asset management, including, but not limited to loans, grants, bonds, loan restructurings, subordinations, modifications, transfers, and tax credits – $1,500 for for-profit applicants and $750 for nonprofit applicants.
(2) Program application fees.
(A) New Homes for Chicago and City Lots for Working Families – $1,000.
(B) TaxSmart Mortgage Credit Certificate Program – $375 per applicant.
(C) TaxSmart Mortgage Credit Certificate Refinance Issuance – $100.
(3) Tax Credit Reservation Fees – an amount equal to five percent (5%) of the annual Tax Credit amount referenced in the conditional Tax Credit reservation agreement or tax credit agreement for projects financed with low-income housing tax credits and/or tax-exempt multi-family housing revenue bonds, as applicable.
(4) Tax Credit Carryover Allocation Fee – $250.
(5) An administrative fee of 1.5% of the principal amount of tax-exempt, multi-family housing revenue bonds issued by the City in connection with a project, provided such fee does not exceed the maximum amount permitted under Section 148 of the Internal Revenue Code of 1986 (for purposes of this section, "Section 148") to avoid characterization of the tax-exempt bonds as "arbitrage bonds" as defined in Section 148.
(6) Tax Exempt Bond Issuer Fee – up to 15 basis points of the bond amount issued at closing, provided such fee does not exceed the maximum amount permitted under Section 148 to avoid characterization of the tax-exempt bonds as "arbitrage bonds" as defined in Section 148; provided, however, that any fees and penalties imposed by the Department shall comply with Section 42 of the Internal Revenue Code of 1986 and any regulations promulgated thereunder. The fee shall be determined by the Commissioner and published in a Qualified Allocation Plan.
(7) Donations Tax Credit Reservation Fee – 3% of reservation amount.
(8) Compliance Monitoring Fee – $25 per unit annually for all housing units (affordable and market rate) in a project or building.
(9) Compliance Monitoring Late Fee – $20 per unit for all housing units in a project or building in addition to the Compliance Monitoring fee.
(10) Affordable Conversion Unit Initial Registration Fee – $500 per Affordable Conversion Unit as defined in Section 2-44-106(c).
(b) The Commissioner is authorized to waive any fees or penalties imposed in this section pursuant to a determination by the Commissioner that such waiver is in the best economic interests of the City. The Commissioner shall memorialize and maintain on file the justification for any waiver granted.
(Added Coun. J. 11-14-18, p. 90308, Art. I, § 1; Amend Coun. J. 11-26-19, p. 11390, Art. I, § 4; Amend Coun. J. 12-16-20, p. 26066, § 1; Amend Coun. J. 11-7-22, p. 55595, Art. I, § 1)
(a) On or before July 31, 2023, and then May 31 of each year thereafter, the Commissioner, in conjunction with the Commissioner of Family and Support Services, shall submit an annual report to the appropriate City Council committee on the progress made to address homelessness and housing within the City. The report shall include, but not be limited to, the departments' and delegate agencies' progress on implementing the seven principles for addressing encampments outlined by the United States Interagency Council on Homelessness and codified in the City's 2023 budget ordinance. The report shall also include supporting information from the Chicago Continuum of Care's annual reports to the United States Department of Housing and Urban Development and from other stakeholders as deemed relevant by the Commissioner and the Commissioner of Family and Support Services.
(b) The annual report shall be made publicly available on the Department's website within five business days of its submission to the appropriate City Council committee.
(Added Coun. J. 4-19-23, p. 62496, § 1)
Editor's note – Coun. J. 4-21-21, p. 29627, § 1, repealed former § 2-44-070, which pertained to the 2007 affordable housing commitment.
Loading...