Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart A - GENERAL RULES › Section 380.103 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
The following terms used in this Part shall have the
				  following definitions:
"Act": The Illinois Housing Development Act [20 ILCS 3805
				  ].
"Agency": The Illinois Housing Development Authority or a
				  Municipality.
"Allocation": An award of funds from the RHS Program to an
				  LAA or a Developer.
"Annual Adjustment Factor": The figure published annually by
				  HUD to determine rent increases for purposes of Section 8 of the United States
				  Housing Act of 1937 (42
				  U.S.C. 1437) .
"Annual Income": All amounts, monetary or not, received or
				  anticipated to be received, from a source outside the Household, by or on
				  behalf of the head, spouse or co-head of the Household, or any other Household
				  member over the age of 18, during the 12-month period following admission or
				  the date of the most recent recertification of the Household income. There is
				  no asset limitation for participation in the RHS Program. However, the
				  definition of annual income includes net income from assets. The determination
				  of Annual Income shall be made as provided in the HUD regulations governing
				  section 8 of the United States Housing Act of 1937 (42
				  U.S.C. 1437) and
				  24
				  CFR 5.609(b) and (c) (2021),
				  provided that imputed income (as described in
				  24
				  CFR 5.609(b)(3)) from the
				  Household's assets shall not be included. Examples of and instructions for
				  applying these requirements shall be included in the applicable Agency's
				  Program Guide.
"Annual Receipts" means revenue derived from the RHS Program
				  State surcharge from July 1 through June 30 on deposit in the Rental Housing
				  Support Program Fund that is appropriated each year for distribution by the
				  Authority for the RHS Program.
"Applicant": An entity or an individual (as a Developer)
				  making an Application for an Allocation.
"Application": The Application form and attachments that an
				  Applicant must submit when applying for an Allocation under the RHS
				  Program.
"Authority": The Illinois Housing Development
				  Authority.
"Commitment": A contract executed by an Agency and an LAA or
				  a Developer under which the Agency agrees to provide an Allocation. Each
				  Commitment shall contain a provision to the effect that the Agency shall not be
				  obligated to provide funds under the Commitment if the Agency has not received
				  adequate funds from the Annual Receipts or a Fund Distribution, as
				  applicable.
"Coordinating Local Administering Agency": A local
				  administering agency that provides technical and administrative assistance to
				  localities that do not possess the capacity to administer an Allocation.
"Developer": The owner of a Project that has applied for or
				  has been approved for an Allocation under the LTOS Program.
"Extremely Low-Income Household": A Household whose Annual
				  Income is less than or equal to 30% of the Median Income.
"Fiscal Year": The fiscal year of the State.
"Fund Distribution": A distribution of funds from the Annual
				  Receipts for a Fiscal Year to a Geographic Area.
"Geographic Areas": The City of Chicago, Suburban Areas,
				  Small Metropolitan Areas, and Rural Areas.
"Household": A single person, family or unrelated persons
				  living together.
"Housing Quality Standards": HUD Section 8 inspection
				  standards for Units established by
				  24 CFR
				  982.401 (2021).
"HUD": The U.S. Department of Housing and Urban
				  Development.
"Income Range": A range of Annual Incomes set forth in
				  Section
				  380.305 that is used
				  to determine the Tenant Contribution for Tenants.
"Landlord": An owner of one or more Units receiving or
				  approved to receive Rental Assistance through an LAA. An LAA or subsidiary of
				  an LAA may be a Landlord; provided, however, that the LAA must disclose its
				  intention to be a Landlord, or appoint a subsidiary to be a Landlord, in its
				  Application.
"LAA": A local administering agency meeting the eligibility
				  requirements set forth in Section
				  380.402 and
				  designated by an Agency that receives an Allocation to provide Rental
				  Assistance.
"LTOS Program": The long-term operating support program
				  established under the RHS Program, to be used exclusively to provide long-term
				  operating support to Developers of Projects that provide Units newly available
				  to Extremely Low-Income Households and Severely Low-Income Households.
"Maximum Rent": The maximum rent for a Unit, which shall be
				  the greater of:
the Maximum Rent established under the federal Low Income
				  Housing Tax Credit Program for a Unit rented by a Tenant with an Annual Income
				  less than or equal to 60% of the Median Income; or
120% of HUD's fair market rent for the area in which the Unit
				  is located.
"Median Income": The Median Income of the area in which the
				  Unit is located, adjusted for family size, as the adjusted income and Median
				  Income for the area are determined from time to time by HUD for purposes of
				  Section 8 of the United States Housing Act of 1937 (42
				  U.S.C. 1437) .
"Members": The members of the Authority.
"Municipality": A municipality with a population greater than
				  2,000,000.
"Municipality Program Guide": The guidelines published by a
				  Municipality for Allocations made by the Municipality. Each Municipality
				  Program Guide shall explain the RHS Program and provide additional information
				  about various RHS Program requirements.
"Permanent Supportive Housing": A Project with a preference
				  or restriction for people who need supportive services to access and maintain
				  affordable housing; are experiencing, or are at risk of, homelessness; are
				  living with disabilities; or are experiencing, or are at risk of,
				  institutionalization. The housing should be permanent (not time-limited, not
				  transitional), affordable (typically rent-subsidized or otherwise targeted to
				  an extremely-low-income Tenant who makes 30% of the Median Income or below),
				  and independent (Tenant holds the lease with normal rights and
				  responsibilities). Services should be flexible (responsive to Tenants' needs
				  and desires), voluntary (participation in supportive services is not a
				  condition of tenancy), and sustainable (the focus of services is on maintaining
				  housing stability and good health).
"Plan for Services": The plan through which each prospective
				  LAA will provide information to Tenants on how to gain access to education,
				  training, and other supportive services and that sets forth the procedures for
				  identifying and referring prospective Tenants to Landlords. LAAs designated by
				  a Municipality shall prepare a Plan for Services and, if a Municipality does
				  not designate an LAA, the Municipality shall prepare a Plan for
				  Services.
"Program Guide": The guidelines published by the Authority
				  explaining the RHS Program and providing additional information about various
				  RHS Program requirements.
"Project": A building or group of buildings that are financed
				  under a common plan of financing.
"Reconciliation": The determination of the difference between
				  the amount of Rental Assistance paid to Landlords or Developers and the amount
				  of Rental Assistance the Landlords or the Developers were entitled to
				  receive.
"Rental Assistance": The amount paid to a Landlord or a
				  Developer as a subsidy for a Unit approved for assistance under the RHS
				  Program.
"Rental Assistance Rider": The rider to be attached to each
				  Tenant's lease that describes the RHS Program; requires the Tenant to provide a
				  certification of its Annual Income; notifies the Tenant that the Tenant must
				  report changes in its Annual Income to the LAA or Developer, as applicable,
				  when they occur and on each occasion that the Tenant's lease is to be renewed;
				  and informs the Tenant that increases in Annual Income may result in an
				  increase in the Tenant Contribution. The Rental Assistance Rider shall be
				  included in the Program Guide or the Municipality's Program Guide, as
				  applicable.
"Reserve Fund": The fund established either by the Authority
				  or by a Municipality directly or through its LAA to provide a source of funds
				  if the Annual Receipts are not sufficient to provide adequate funding for
				  existing Commitments.
"RFP": A request for proposals by an Agency soliciting
				  Applications from LAAs or Developers.
"RHS Program Act": The Rental Housing Support Program Act
				  [310 ILCS 105 ].
"RHS Program": The Rental Housing Support Program authorized
				  by the RHS Program Act.
"Rural Area": All areas of the State not specifically
				  included in any other Geographic Area.
"Service Area": The geographic boundaries of the area to be
				  served by an LAA.
"Severely Low-Income Household": A Household whose Annual
				  Income is less than or equal to 15% of the Median Income.
"Small Metropolitan Areas": The Geographic Areas that include
				  the municipalities of Bloomington-Normal, Champaign-Urbana, Decatur, DeKalb,
				  Moline, Pekin, Peoria, Rantoul, Rockford, Rock Island and Springfield, and the
				  counties of Madison and St. Clair.
"Special Needs Households": Households that are homeless or
				  imminently at risk of becoming homeless; that are, or are imminently at risk
				  of, living in institutional settings because of the unavailability of suitable
				  housing; or that have one or more members with disabilities, including but not
				  limited to physical disabilities, developmental disabilities, mental illness or
				  HIV/AIDS.
"Suburban Areas": The Geographic Areas that include the
				  counties of Cook (excluding Chicago), DuPage, Kane, Lake, McHenry, and
				  Will.
"State": The State of Illinois.
"State Median Income": The State Median Income published by
				  the U.S. Census Bureau in the most current decennial census.
"Tenant": A Household occupying a Unit.
"Tenant Bill of Rights": Information LAAs and Developers are
				  required to provide to Tenants concerning how to contact the LAA; local
				  Landlord-Tenant laws and procedures; the housing rights of persons with
				  disabilities; how to contact the local agency or agencies administering local
				  Landlord-Tenant laws and procedures or protecting or promoting these housing
				  rights of persons with disabilities; eligibility requirements for participating
				  in the RHS Program; and the rights and responsibilities of prospective Tenants
				  before occupancy of a Unit.
"Tenant Contribution": The portion of the monthly rent for a
				  Unit to be paid by the Tenant, which shall be one-twelfth of approximately 30%
				  of the median of the Income Range in which the Tenant's Annual Income falls,
				  adjusted for Unit size.
"Tenant Income Certification": The form:
prescribed by the Authority; and
to be used by Landlords and Developers in determining and
				  reporting a Tenant's Annual Income to an LAA or an Agency, as
				  applicable.
"Tenant Selection Plan": The written plan prepared by a
				  Landlord or a Developer and approved by the LAA or an Agency, as applicable,
				  that governs the selection of Tenants for a Unit.
"Transitional Contribution": The Tenant Contribution for
				  Tenants whose income has exceeded the income limit for Extremely Low-Income
				  Households.
"Unit": A rental housing Unit receiving Rental Assistance
				  through an Allocation. A Unit may be a single-family dwelling or a Unit in a
				  multifamily dwelling. Housing Units intended as transitional or temporary
				  housing do not qualify as Units.