Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 365 - AFFORDABLE HOUSING BOND PROGRAM › Subpart L - TENANTS AND OCCUPANCY › Section 365.1202 - Relocation Plan

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Approval. Before the Authority makes a Loan for rehabilitation of a Development
				under the Program and at such other time as shall be required by the Authority,
				the Authority shall require the Applicant to submit, for the Authority's
				approval, a plan for the temporary relocation or permanent displacement of
				Tenants whose dwelling units will be rendered uninhabitable by any renovation.
				In deciding whether to approve such plans, the Authority shall consider: the
				purposes of the Program; the provisions of the Tenant 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 under 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 a Loan or the Applicant's control
				of the site, whichever comes later. The benefits provided for under the
				relocation plan shall not be available to Tenant if: the Tenant's income is
				eighty percent (80%) or more of the median family income, adjusted for family
				size; the Tenant commences occupancy after the later of Applicant's application
				for a Loan has been submitted to the Authority or the Applicant has obtained
				site control, 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
				Applicant for reasons stated in the Tenant Selection Plan, except as provided
				below; the Tenant moves from the Development of his/her own accord; or other
				good cause exists to deny benefits as determined by the Authority. However,
				Tenants who are rejected by an Applicant for continued occupancy in the
				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
				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 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 Owner
				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. The Authority may
				take whatever action is available to it under this Subpart or on the occurrence
				of a default under the Loan documents for violation of the Relocation Plan
				whether expressly stated therein or not.