Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 378 - FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAMS › Subpart A - GENERAL RULES › Section 378.103 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
The following definitions apply to terms used in this
				  Part:
"Administering State agency": An agency or department of the
				  State that will disburse funds and administer all or a portion of ERA1 or ERA2
				  funds.
"American Rescue Plan Act": The American Rescue Plan Act of
				  2021,  P.L. 117-2(March 11, 2021).
"Annual Income": The definition established by the U.S.
				  Department of Housing and Urban Development in  24 CFR 5.609, or the definition
				  established by the Internal Revenue Service in  26 U.S.C. 62  for "Adjusted Gross
				  Income", as selected by an Applicant or CBRAP Applicant.
"Applicant" or "program applicant": Any person or, in the
				  case of a landlord or lessor, entity, who is obligated to pay rent on a
				  residential dwelling, or lessee or landlord or lessor that has submitted an
				  application, individually or jointly, to receive ERA1 or ERA2 funds. An
				  applicant must apply for assistance via a web-based application portal
				  accessible at
http://www.illinoishousinghelp.org/
.
"Area Median Income": The area median income, adjusted for
				  household size, as established by the U.S. Department of Housing and Urban
				  Development.
"Authority": The Illinois Housing Development Authority, in
				  its capacity as an Administering State Agency of ERA1 and ERA2 funded
				  programs.
"Categorical Eligibility": An applicant deemed to be an
				  eligible household as a result of the household income having been verified to
				  be at or below 80 percent of the area median income in connection with another
				  local, state, or federal government assistance program, provided the Authority
				  receives a determination letter from the government agency that verified the
				  applicant's household income.
"CBRAP": the Court-Based Rental Assistance Program, an
				  ERA2-funded program administered by the Authority, which provides emergency
				  rental assistance to eligible litigants in eviction court.
"CBRAP Applicant": Any person or, in the case of a landlord
				  or lessor, entity, who is obligated to pay rent on a residential dwelling, or
				  lessee or landlord or lessor that has submitted an application, individually or
				  jointly, to receive ERA2 funds through CBRAP.
"Consolidated Appropriations Act": The Consolidated
				  Appropriations Act, 2021 P.L. No. 116-260 (Dec. 27, 2020).
"Coverage Period": The portion of an ERA1 or ERA2 program
				  eligibility period applicable to an eligible household.
"COVID-19": Coronavirus Disease 2019, as referenced in the
				  State Gubernatorial Disaster Proclamations.
"DCEO": The ERA1 eligible grantee pursuant to the
				  Consolidated Appropriations Act.
"Eligible Landlord": An owner, or authorized management
				  agent, of one or more units receiving or approved to receive ERA1 or ERA2 grant
				  funds on behalf of an eligible household.
"ERA1": An emergency rental assistance program established by
				  Section 501 of Division N of the Consolidated Appropriations Act, 2021,
				   P.L. 116-260(Dec. 27, 2020).
"ERA1 Award Terms": The terms and conditions set forth in OMB
				  Approved No.: 1505-0266 as executed by DCEO in connection with the receipt of
				  funds under the Consolidated Appropriations Act.
"ERA1 Eligible Household": To be eligible, a household must
				  be obligated to pay rent on a residential dwelling and the Authority must
				  determine that:
one or more individuals within the household has qualified
				  for unemployment benefits or experienced a reduction in household income,
				  incurred significant costs, or experienced other financial hardship due,
				  directly or indirectly, to the COVID-19 outbreak;
one or more individuals within the household can demonstrate
				  a risk of experiencing homelessness or housing instability; and
the household has a household income at or below 80% of area
				  median income.
"ERA1 Eligibility Period": An eligible household may receive
				  up to twelve months of ERA1 assistance (plus an additional three months if
				  necessary to ensure housing stability for the household, subject to the
				  availability of funds).
"ERA1 Grant": A grant funded under ERA1 providing emergency
				  rental assistance funds for an eligible household. The Authority will review
				  applications for an ERA1 Grant on a first-come, first-served basis. The
				  Authority does not guarantee funding of any ERA1 Grant.
"ERA1 Grant Agreement": Any agreement between DCEO and the
				  Authority with respect to the administration of a portion of the funds granted
				  to DCEO pursuant to the Consolidated Appropriations Act and further granted to
				  the Authority.
"ERA2": An emergency rental assistance program established by
				  section 3201 of the American Rescue Plan Act of 2021, P.L. No. 117-2 (March 11,
				  2021).
"ERA2 Award Terms": The terms and conditions set forth in OMB
				  Approved No.: 1505-0270 as executed by IEMA in connection with the receipt of
				  ERA2 funds under the American Rescue Plan Act.
"ERA2 Eligible Household": To be eligible, a household must
				  be obligated to pay rent on a residential dwelling and the Authority must
				  determine that:
one or more individuals within the household has qualified
				  for unemployment benefits or experienced a reduction in household income,
				  incurred significant costs, or experienced other financial hardship during or
				  due, directly or indirectly, to the coronavirus outbreak;
one or more individuals within the household can demonstrate
				  a risk of experiencing homelessness or housing instability; and
the household is a low-income family (as such term is defined
				  in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)).
"ERA2 Eligibility Period": The maximum period of time covered
				  by an ERA2 grant, not to exceed the time parameters set forth in any applicable
				  law. The aggregate amount of financial assistance an eligible household may
				  receive under ERA2, when combined with financial assistance under ERA1, must
				  not exceed 18 months.
"ERA2 Grant": A grant funded under ERA2 providing emergency
				  rental assistance funds for an eligible household. The Authority will review
				  applications for an ERA2 Grant on a first-come, first-served basis. The
				  Authority does not guarantee funding of any ERA2 Grant. The aggregate amount of
				  financial assistance an eligible household may receive under ERA2, when
				  combined with financial assistance under ERA1, must not exceed $25,000.
"ERA2 Grant Agreement": Any agreement between IEMA and the
				  Authority with respect to the administration of a portion of the funds granted
				  to IEMA pursuant to the American Rescue Plan and further granted to the
				  Authority.
"Housing Stability Service" or "HSS": Case management and
				  other services related to the COVID-19 outbreak, except with respect to ERA2,
				  which services do not have to be related to the COVID-19 outbreak, as defined
				  by the Secretary, including those that enable eligible households to maintain
				  or obtain housing. Such services may include housing counseling, fair housing
				  counseling, case management related to housing stability, housing related
				  services for survivors of domestic abuse or human trafficking, legal services
				  or attorney's fees related to eviction proceedings and maintaining housing
				  stability, and specialized services for individuals with disabilities or
				  seniors that supports their ability to access or maintain housing, subject to
				  the terms of the agreement executed by the HSS Provider and the
				  Authority.
"HSS Sub-Award": An award of funds from the Authority to an
				  HSS Provider.
"HSS Provider": A recipient of funds from the Authority to
				  provide HSS.
"GATA": The Grant Accountability and Transparency Act [30
				  ILCS 708  ].
"GATU": The Grant Accountability and Transparency Unit within
				  the Illinois Governor's Office of Management and Budget.
"Guidance": Guidance, including, but not limited to,
				  "frequently asked questions" released by the U.S. Department of the Treasury or
				  the Secretary in connection with the Consolidated Appropriations Act and, or
				  the American Rescue Plan Act.
"IEMA": The ERA2 eligible grantee pursuant to the American
				  Rescue Plan Act.
"IL ERA Act": The Illinois COVID-19 Federal Emergency Rental
				  Assistance Program Act (P.A. 102-0005).
"Lease": A legal agreement between at least two parties in
				  connection with the occupancy of a residential dwelling unit by someone other
				  than the owner.
"Management Agent": A company or individual authorized,
				  pursuant to a Property Management Agreement, to lease units and collect rent on
				  behalf of an owner.
"Owner": A company or individual that holds fee title to the
				  property where the unit is located and occupied by an eligible
				  household.
"Property Management Agreement": A written document that
				  describes the relationship between the owner and management agent. At a
				  minimum, the agreement will reference the address of the eligible household's
				  property and that the management agent may lease and collect rent on behalf of
				  the owner.
"Secretary": The Secretary of the U.S. Department of the
				  Treasury.
"Uniform Guidance": The abbreviated title for Uniform
				  Administrative Requirements, Cost Principles, and Audit Requirements for
				  Federal Awards (2 CFR 200), which supersedes OMB Circulars A-21, A-87, A-89,
				  A-102, A-110, A-122, and A-133, and the guidance in Circular
				  A-50.