Chicago City Council approves 2021 Affordable Requirements Ordinance with changes

Today, the Chicago City Council approved the 2021 Affordable Requirements Ordinance (ARO) that was introduced on March 24 by a vote of 42-8. The version of the ordinance that was approved included changes from the introduced version, detailed below. The 2021 ARO expands the City’s affordable housing requirements for developers of market-rate residential projects  See our summary of it here. 

The approved substitute ordinance was changed from the introduced version as follows:

• Broadened the definition of a “Community preservation area”
• Eliminated the 2021 ARO trigger applicable to legislative or administrative transfers of floor area or dwelling units between subareas in approved planned developments
• Allowed for the ARO obligation for owner-occupied projects in downtown districts to satisfy the entire affordable housing obligation through the payment of an enhanced fee in lieu

The approved ordinance is otherwise unchanged from the introduced version.

For more information about this proposed ordinance, contact any members of the Chicago Land Use Team at DLA Piper:

Katie Jahnke Dale
Theodore J. Novak
Richard F. Klawiter
Paul W. Shadle
Mariah F. DiGrino
John Gholar