Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 360 - AFFORDABLE HOUSING PROGRAM › Subpart I - TENANTS AND OCCUPANCY › Section 360.902 - Relocation Plan

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Approval. Before the Authority makes a Loan or Grant under the Program or at
				such other time as required by the Authority, the Authority may require the
				Applicant to submit, for the Authority's approval, a plan for the temporary
				relocation or permanent displacement of Tenants. In deciding whether to approve
				such plans, the Authority shall consider: the purposes of the Program; the
				provisions of the Tenant Selection Plan or Participant Selection Plan; any
				applicable Federal and State statutes and regulations; and any other relevant
				matters.
b) Benefits Provided For
				in the Relocation Plan. The benefits provided for in the relocation plan shall
				be available only to lawful residential Tenants (not owner-occupants or
				businesses) who are temporarily relocated or permanently displaced following
				submission of the Applicant's application for Trust Fund Monies or Applicant's
				control of the site, whichever comes later. The benefits provided for under the
				relocation plan shall not be available to Tenants if: the Tenant commences
				occupancy after the Applicant's application for Trust Fund Monies or
				Applicant's control of the site, whichever comes later, provided such Tenant
				receives written notice of the impending rehabilitation and possible relocation
				or displacement prior to executing the lease; the Tenant has his/her tenancy
				terminated for violations of the terms and conditions of the lease, a violation
				of applicable Federal, State or local law, or other good cause; the Tenant is
				rejected for continued occupancy by the Recipient for reasons stated in the
				Tenant Selection Plan or Participant Selection Plan; the Tenant moves from the
				Development or Single-Family Development of his/her own accord or moves from
				the Development or Single-Family Development after receiving written notice of
				the impending rehabilitation; or other good cause exists to deny benefits as
				determined by the Authority. However, Tenants who are rejected by Recipient for
				continued occupancy in the Development or Single-Family Development for reasons
				concerning family size restrictions or inability to afford rent levels charged
				after rehabilitation shall be eligible for permanent displacement benefits
				under the relocation plan.
c)
				Contents of the Relocation Plan. The relocation plan shall set forth the
				policies and procedures to be used by the Applicant in temporarily relocating
				or permanently displacing Tenants including, but not limited to: provisions
				detailing the responsibilities of the Authority, the Applicant and, if
				applicable, its managing agent; the basic actions to be taken in the relocation
				program; the acceptance and rejection criteria for determining eligibility for
				temporary relocation and permanent displacement benefits; the information to be
				provided to Tenants regarding the relocation program; provisions providing for
				determining Tenants' relocation needs; a description of relocation benefits;
				and, provisions detailing the implementation of the relocation plan, including
				a timetable for activities under the plan.
d) Enforcement of Relocation Plan. The
				Recipient is responsible for assuring that all the relocation requirements are
				met. The Authority, except in those cases where another governmental agency has
				a regulatory requirement to do so, will monitor the relocation activities to
				determine compliance with the requirements of this Section. To enforce the
				provisions of this Section, the Authority may take whatever action is available
				under this Subpart I or the Loan or Grant documents, including the withholding
				of any Trust Fund Monies due Recipient.