reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart C - GENERAL REQUIREMENTS › Section 380.301 - Tenant Eligibility; Required Percentage of Severely Low-Income Tenants

Current through Register Vol. 48, No. 28, July 12, 2024
Eligible Tenants shall be either Extremely Low-Income
				  Households or Severely Low-Income Households; provided, however, that a
				  Household that is already receiving or will receive Rental Assistance under a
				  federal program shall not be eligible to be a Tenant. At least 50% of the Units
				  for which an LAA or a Developer receives Rental Assistance shall be reserved
				  for Severely Low-Income Households unless the LAA or the Developer is able to
				  demonstrate that there are an insufficient number of Severely Low-Income
				  Households currently residing in the Service Area defined in the Application or
				  the area in which the Project is located, as applicable, who are qualified to
				  become Tenants. The LAA or the Developer must show that it has made extensive,
				  but unsuccessful outreach efforts, including contacting non-profit corporations
				  serving the homeless, disabled, and senior citizens in the Service Area or the
				  area in which the Project is located; contacting public housing authorities
				  with jurisdiction in the Service Area or the area in which the Project is
				  located; and otherwise publicizing the availability of these Units at
				  appropriate locations within and surrounding the Service Area or the area in
				  which the Project is located, such as through advertising in local newspapers,
				  or meetings with community groups. The Applicant must submit this evidence to
				  the Agency with its Application.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart C - GENERAL REQUIREMENTS › Section 380.302 - Outreach Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
The LAA or the Developer must document that it has made
				  extensive efforts to publicize the availability of Units under the RHS Program,
				  including contacting non-profit corporations serving the homeless, the disabled
				  and senior citizens in the Service Area or the area in which the Project is
				  located; public housing authorities with jurisdiction in the Service Area or
				  the area in which the Project is located; and otherwise publicizing the
				  availability of these Units at appropriate locations within and surrounding the
				  Service Area or the area in which the Project is located, such as by
				  advertising in local newspapers, or through meetings with community groups. The
				  Applicant must submit this evidence to the Agency with its Application and with
				  the report required under Section
				  380.410.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart C - GENERAL REQUIREMENTS › Section 380.303 - Income Certifications

Current through Register Vol. 48, No. 28, July 12, 2024
Each prospective Tenant must provide an Income Certification
				  to the Landlord when applying to occupy a Unit and each time thereafter that
				  the Tenant applies to renew the lease for the Unit.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart C - GENERAL REQUIREMENTS › Section 380.304 - Training Programs

Current through Register Vol. 48, No. 28, July 12, 2024
The Authority shall periodically provide training programs
				  convenient to potential Applicants. The training shall include a program
				  overview, a description of the requirements for both an LAA and a Developer,
				  and a thorough review of the Program Guide and, if applicable, the RFP process.
				  The Authority shall provide reasonable notice of all training programs on its
				  website and by any other means the Authority deems
				  appropriate.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart C - GENERAL REQUIREMENTS › Section 380.305 - Tenant Rent Contribution

Current through Register Vol. 48, No. 28, July 12, 2024
The LAA or Developer must annually establish for each Unit
				  the amount of the Tenant Contribution. Each Tenant's Tenant Contribution shall
				  be a fixed amount and must be based on the size of the Unit and the Tenant's
				  Income Range as set forth in this Section. A Tenant's Tenant Contribution may
				  increase when the Tenant's lease is renewed, if the Tenant's Annual Income
				  increases, or the Authority's Income Range changes.
Monthly Tenant Contribution By Bedroom Type:
Annual Income Range:
0 br.
1 br.
2 br.
3 br.
4 br.
5 br.
$0
$0
$0
$0
$0
$0
$0
$1-$4,999
$26
$29
$31
$33
$35
$36
$5,000 - $9,999
$104
$117
$125
$133
$142
$146
$10,000 - $14,999
$208
$233
$250
$267
$283
$292
$15,000 - $19,999
$313
$350
$375
$400
$425
$438
$20,000 - $24,000
$417
$467
$500
$533
$567
$583
$25,000 - $29,999
$521
$583
$625
$667
$708
$729
$30,000 - $35,000
$625
$700
$750
$800
$850
$875
Tenants reporting no income will not make a Tenant
				  Contribution for a period of 12 months from the date of income loss. After this
				  period ends, Tenants will begin paying a minimum Tenant Contribution based on
				  the unit size in the $1-$4,999 Income Range.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart C - GENERAL REQUIREMENTS › Section 380.306 - Amount of Rental Assistance, Rent, and Maximum Rent

Current through Register Vol. 48, No. 28, July 12, 2024
a) The amount of the Rental Assistance for
				each Unit shall be the difference between the amount of the rent for the Unit
				and the Tenant Contribution. The amount of Rental Assistance for the Unit shall
				be established by the LAA and the Landlord, or the Agency and the Developer, as
				applicable.
b) Rents for a Unit
				must be comparable to those of similar size and condition in the market area in
				which the Unit is located with similar amenities. These comparable rents must
				be consistent with rent levels provided in the Application.
c) Rents shall not exceed Maximum Rents
				established for the area, as determined annually by the Authority, unless the
				rents throughout the local community are at such levels that, if the Maximum
				Rent is used, it is highly unlikely that there will be Units available for
				inclusion in the RHS Program. If an LAA requests an increase in rents to a
				level greater that the Maximum Rent, the LAA must document these circumstances
				to the satisfaction of the applicable Agency before the Agency will approve the
				request.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart C - GENERAL REQUIREMENTS › Section 380.307 - Rent Increases

Current through Register Vol. 48, No. 28, July 12, 2024
Upon request from an LAA or a Developer, Agencies may allow
				  an annual increase in the rent for Units, not to exceed the existing rent
				  multiplied by the most recent Annual Adjustment Factor, except as otherwise
				  permitted by Section
				  380.306(c).
				  Rent increases shall be subject to the availability of funds in Annual
				  Receipts. In making this determination, the Agency shall review comparable
				  rents in the market area, operating expenses of the building in which the Unit
				  is located, and any other information the Agency deems relevant. Any rent
				  increase shall not increase the Tenant Contribution. If approved, rent
				  increases shall take effect either at the time the lease for the Unit is
				  renewed or, if a lease is not renewed, in the first month Rental Assistance is
				  subsequently provided for a new Tenant for the Unit.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart C - GENERAL REQUIREMENTS › Section 380.308 - Over-Income Tenants

Current through Register Vol. 48, No. 28, July 12, 2024
Upon receipt of a Tenant Income Certification, the Landlord,
				  with the direction and supervision of the LAA, shall verify the Annual Income
				  of each Tenant prior to the renewal of the Tenant's lease. If the Annual Income
				  of a Tenant exceeds 35% of the Median Income because of an increase in the
				  Tenant's Annual Income, Rental Assistance shall be terminated no later than 12
				  months after the date of that increase. If the increase occurs during the term
				  of an existing lease, the Tenant shall be required to report the increase to
				  the Landlord and the existing lease shall be extended for the period of time
				  necessary to allow the Tenant the full 12 months of Rental Assistance. The
				  Transitional Contribution during this period shall be the Tenant's Tenant
				  Contribution prior to such increase, plus one-half of the difference between
				  the Tenant Contribution and the current rent for the Unit. If a Tenant's Annual
				  Income initially is within the Severely Low-Income Household limit, and
				  increases above that limit, but is still within the Extremely Low-Income
				  Household limit, the LAA shall take all reasonable efforts to ensure that an
				  additional Unit is reserved for a Severely Low-Income Household, if necessary
				  to comply with Section
				  380.301.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart C - GENERAL REQUIREMENTS › Section 380.309 - Appeals

Current through Register Vol. 48, No. 28, July 12, 2024
a) All disputes
				between Landlord and Tenant or prospective Tenant concerning Annual Income or
				other eligibility requirements shall be initially resolved by the LAA providing
				Rental Assistance to the Landlord.
b) If the LAA is unable to resolve the
				dispute, any of the parties involved may take an appeal to the applicable
				Agency. In the event of an appeal, all parties shall submit a written statement
				of their position and all relevant documentation to the applicable Agency. The
				Agency shall make a final decision based on the documentation
				submitted.
c) For LTOS Programs,
				all disputes between a Developer and a Tenant or prospective Tenant concerning
				Annual Income or other eligibility requirements shall be resolved by the
				funding Agency, based on written statements of positions and submission of
				relevant documentation by the Developer and the Tenant.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart C - GENERAL REQUIREMENTS › Section 380.310 - Rental Preferences for Tenants with Special Needs

Current through Register Vol. 48, No. 28, July 12, 2024
An LAA or a Developer may include in its Application a pledge
				  to use its best efforts to make Units under its Allocation available to Special
				  Needs Households. Notwithstanding the fact that an LAA or a Developer has
				  included such a pledge in its Application, LAAs must require Landlords to rent,
				  and Developers must rent, available Units to the first eligible Tenant,
				  regardless of whether the prospective Tenant is a Special Needs Household. An
				  LAA, a Landlord or a Developer shall not require a Tenant to have a diagnosis
				  of a particular illness or the presence of a specific disability as a condition
				  of eligibility for a Unit unless that diagnosis or disability is required by
				  another funding source for the Unit or the Project.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart C - GENERAL REQUIREMENTS › Section 380.311 - Tenant Bill of Rights

Current through Register Vol. 48, No. 28, July 12, 2024
Each LAA must provide each Landlord that is to receive Rental
				  Assistance payments with a Tenant Bill of Rights, and shall require each
				  Landlord to provide each Tenant with the Tenant Bill of Rights. Each Developer
				  must provide all Tenants in its Project with a Tenant Bill of
				  Rights.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart C - GENERAL REQUIREMENTS › Section 380.312 - Tenant Selection Plan

Current through Register Vol. 48, No. 28, July 12, 2024
Landlords and Developers must submit to the funding LAA or
				  Agency, as applicable, a Tenant Selection Plan acceptable to the LAA or Agency.
				  All Tenant Selection Plans shall be made available to the general public for
				  inspection.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart D - ALLOCATIONS TO LOCAL ADMINISTERING AGENCIES › Section 380.401 - Request for Proposals

Current through Register Vol. 48, No. 28, July 12, 2024
From time to time, the Authority shall issue an RFP for
				  Applications from prospective LAAs. The RFP shall include a copy of the Program
				  Guide and an Application form. The period for submitting a response to the
				  initial RFP shall be at least nine months. For each subsequent RFP, the
				  Authority shall allow a minimum of three months to submit a response to the
				  RFP. Each Municipality shall designate an LAA that meets the requirements of
				  this Part relating to LAAs; however, Municipalities are not required to issue
				  RFPs for selecting an LAA. Municipalities may designate an LAA according to
				  procedures set forth in the Municipality Program Guide.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart D - ALLOCATIONS TO LOCAL ADMINISTERING AGENCIES › Section 380.402 - Eligibility

Current through Register Vol. 48, No. 28, July 12, 2024
LAAs may be local governmental bodies, including
				  Municipalities, counties, and townships in unincorporated areas of the State;
				  local housing authorities organized under the Illinois Housing Authorities Act
				  [310 ILCS 10 ]; or non-profit organizations registered and in good standing
				  with the Illinois Secretary of State and the Illinois Attorney
				  General.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart D - ALLOCATIONS TO LOCAL ADMINISTERING AGENCIES › Section 380.403 - Application Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
Each Application to be an LAA shall include the information
				  required by this Section and, in the case of the Authority, any additional
				  information the Authority may require to promote efficient program
				  administration and quality of performance, provided that those requirements are
				  included in the Authority's RFP and are consistent with this Section.
a) Unit Types: Each Application shall
				include, but not be limited to, two, three, and four-bedroom Units among those
				Units proposed for Rental Assistance. Each Applicant shall determine and
				document the need for and availability of two, three, and four-bedroom Units in
				its proposed Service Area. The Authority may adjust the number of these larger
				Units if the information in the Application indicates a greater or lesser need
				for specific Unit types. All LAAs must make a good faith effort to comply with
				the final determination of the number of two-, three-, and four-bedroom Units
				to receive Rental Assistance in the Service Area.
b) Maximum Number of Units:
1) For buildings containing more than 10
				Units, the number of Units proposed to receive Rental Assistance from the RHS
				Program shall not exceed 50% of the Units in the building. For buildings
				containing 10 Units or fewer, there shall be no restriction on the number of
				Units proposed to receive Rental Assistance from the RHS Program.
2) For buildings containing 20 or more
				Permanent Supportive Housing Units, the number of Units proposed to receive
				Rental Assistance for RHS shall be 100% of the Units in the building.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart D - ALLOCATIONS TO LOCAL ADMINISTERING AGENCIES › Section 380.404 - Service Area for Multiple Geographic Areas

Current through Register Vol. 48, No. 28, July 12, 2024
If an Applicant designates a Service Area that includes areas
				  in more than one Geographic Area, the Applicant must submit a separate
				  Application for that portion of the proposed Service Area in each Geographic
				  Area; provided, however, that for such Applications, if the Authority charges
				  an Application Fee, the Authority may charge only one Application
				  fee.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart D - ALLOCATIONS TO LOCAL ADMINISTERING AGENCIES › Section 380.405 - Qualification Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Applicants to be an LAA must be financially viable, as determined through the
				Agency's review of the Applicant's audited financial statements for the two
				most recent years. If the Applicant is an entity formed as a non-profit
				corporation wholly-owned or controlled by another entity solely for the purpose
				of applying for and administering Rental Assistance programs, audited financial
				statements of the parent company shall be submitted to satisfy this
				requirement.
b) Applicants must
				demonstrate that they have the experience and knowledge necessary to administer
				an Allocation by documenting: their experience in verifying Tenant income
				eligibility and other aspects of administering Rental Assistance programs;
				their existing relationships with local Landlords; their capability to evaluate
				properties to determine whether the properties satisfy Housing Quality
				Standards; their ability to monitor procedures of Landlords in satisfying RHS
				Program requirements; their experience and performance in administering grants
				or other funds from outside sources; the extent and nature of their established
				relationships with service providers serving the homeless, disabled, or senior
				citizens in the Applicant's proposed Service Area; and any other factors
				established by the Authority and published in the RFP.
c) Applicants may form partnerships with more
				experienced entities in order to satisfy the requirements of this Section. In
				such a case, all partners shall execute, and will be jointly responsible for
				compliance with, the terms of the Commitment.
d) This Section shall not apply to
				Municipalities.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart D - ALLOCATIONS TO LOCAL ADMINISTERING AGENCIES › Section 380.406 - Administration of Allocations

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Commitment: Each LAA shall enter into a Commitment with the Agency that is
				providing its Allocation. The Allocation may be less than the amount requested
				in the Application. The term of Commitments may be one, two or three years,
				subject to the availability of funds from Annual Receipts or a Fund
				Distribution, and may be renewed.
b) Record Retention: Each LAA shall maintain
				records in connection with all Units receiving Rental Assistance under the
				LAA's Commitment for five years after the date of termination of the
				Commitment.
c) Agency Monitoring:
				Each Agency shall have the right to monitor all records of LAAs relating to the
				administration of the Allocation granted by the Agency. Each Agency may perform
				its own physical inspection of Units in addition to the physical inspections
				that the LAA is required to perform. Each LAA shall make all records relating
				to its Commitment available for inspection by the funding Agency upon the
				Agency's request. The required documentation may include a copy of the LAA's
				response to the RFP, if applicable; all physical inspection records; occupancy
				records for all Units; a description of all outreach efforts made by the LAA;
				records of payments or Rental Assistance to Landlords and Reconciliation
				payments made to the Agency; copies of contracts with Landlords, the Agency
				and, where applicable, sub-contractors; documentation of the LAA's
				administrative expenses; and any other documentation required by the
				Agency.
d) Tenant Income
				Certifications: Each LAA shall obtain, maintain, and forward to the Agency
				copies of annual Tenant Income Certifications for all Tenants benefiting from
				Rental Assistance from the LAA.
e)
				Landlord Procedures: Each LAA shall be responsible for monitoring the
				Landlord's compliance with its Tenant Selection Plan and the Landlord's
				performance under any agreement between the LAA and the Landlord.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart D - ALLOCATIONS TO LOCAL ADMINISTERING AGENCIES › Section 380.407 - Inspection Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
Before releasing Rental Assistance funds for a Unit, the LAA
				  or its agent shall inspect the Unit and the common areas and grounds of the
				  building in which the Unit is located, and shall certify that the Unit and the
				  common areas and grounds of the building comply with Housing Quality Standards.
				  LAAs shall also inspect all Units, together with the common areas and grounds
				  of the Unit's building, at least bi-annually. In other years, LAAs shall
				  inspect a sampling of Units to visually observe the physical condition of the
				  Units, including appliances, doors, locks, smoke detectors, and other health
				  and safety items. In other years, if a Landlord receives Rental Assistance for
				  fewer than three Units, the LAA shall perform a visual inspection of all Units;
				  but if a Landlord is receiving Rental Assistance for three or more Units, the
				  LAA may inspect a sample of these Units in each building in which the Units are
				  located, but no fewer than three Units in each building. An Agency may decide
				  to conduct inspections of Units itself, in the manner set forth in this
				  Section. If an LAA or an Agency determines that one or more Units do not
				  satisfy the Housing Quality Standards, it shall give the Landlord of the Unit
				  or Units a period not to exceed 30 days in which to correct the deficiencies
				  discovered in the inspection. However, if the deficiency is in an occupied Unit
				  and poses a serious threat to the health and safety of the Tenant, the
				  deficiency must be corrected within 72 hours.
a) Examples of conditions that are considered
				to pose a serious threat to the health and safety of the Tenant include, but
				are not limited to, the following:
1)
				detection of propane, natural gas or methane gas;
2) exposed electrical wires or open
				electrical panels;
3) water leaks
				on or near electrical equipment;
4)
				blocked emergency or fire exits;
5)
				unusable fire escapes;
6) blocked
				egress or ladders;
7) any carbon
				monoxide hazard connected with, but not limited to, gas or oil-fired units and
				missing or misaligned chimneys; and
8) any other conditions the Agency finds to
				be a health or safety threat.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart D - ALLOCATIONS TO LOCAL ADMINISTERING AGENCIES › Section 380.408 - Selection of Landlords

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
				LAA shall select Landlords to participate in the RHS Program in accordance with
				its plan for selecting Landlords.
b) An LAA may select as a Landlord a fully-
				or partially-owned subsidiary of the LAA only if it provides for an independent
				third party acceptable to the Authority to perform the inspection of Units
				required under Section
				380.407,
				at its own cost. If the LAA acts as a Landlord, it must supply to the Authority
				the certifications required by Sections
				380.501,
				380.502
				and
				380.504.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart D - ALLOCATIONS TO LOCAL ADMINISTERING AGENCIES › Section 380.409 - Contracts with Landlords

Current through Register Vol. 48, No. 28, July 12, 2024
LAAs shall enter into a payment contract with each Landlord
				  for all Units for which the Landlord has been approved to receive Rental
				  Housing Assistance. The contract shall provide that the LAA will make quarterly
				  Rental Assistance payments to Landlords in advance. The contract shall identify
				  the Landlord and LAA; have a term not less than one year and not greater than
				  three years; identify the Units to receive Rental Assistance by address and
				  Unit type; set forth the rent to be charged for each Unit, which shall not be
				  greater than the Maximum Rent unless otherwise approved by the Authority
				  pursuant to Section
				  380.306(c);
				  and require that the Landlord abide by the requirements of the RHS Program. The
				  contract shall also provide that the Landlord is responsible for determining
				  the family size, obtaining Tenant Income Certifications, and reporting this
				  information to the LAA. The Landlord, with the direction and supervision of the
				  LAA, shall verify the Tenant's income and assets. The Landlord shall not reveal
				  any information in connection with the prospective Tenant's Annual Income
				  except to the LAA, the applicable Agency or as otherwise required by
				  law.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart D - ALLOCATIONS TO LOCAL ADMINISTERING AGENCIES › Section 380.410 - Reporting Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) At
				the end of each quarter of the term of its Commitment, each LAA shall prepare
				and provide to its Landlords a certification form that contains the following
				information:
1) a list of all Units that are
				receiving Rental Assistance;
2) the
				date of payment of Rental Assistance;
3) the amount of Rental Assistance;
4) the months for which Rental Assistance was
				paid; and
5) such other information
				as the Agency may require.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart D - ALLOCATIONS TO LOCAL ADMINISTERING AGENCIES › Section 380.411 - Reconciliations

Current through Register Vol. 48, No. 28, July 12, 2024
Each LAA shall perform a Reconciliation every quarter during
				  the term of its Commitment and, if the Reconciliation indicates that the LAA
				  has received funds exceeding of the amount required for Rental Assistance
				  payments, the LAA shall return all excess funds to its funding Agency within 30
				  days. However, an LAA created by a Municipality must use the excess funds to
				  provide Rental Assistance for additional Units. The funding Agency may reduce
				  the amount of subsequent quarterly payments to the LAA under the Commitment to
				  offset Reconciliation amounts owing to, but not forwarded to, the
				  Agency.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart D - ALLOCATIONS TO LOCAL ADMINISTERING AGENCIES › Section 380.412 - Funding of Allocations

Current through Register Vol. 48, No. 28, July 12, 2024
During the term of each Commitment with an LAA, the Agencies
				  shall provide funds to LAAs in quarterly installments. An Agency shall increase
				  the amount of an LAA's Allocation if the Agency has approved an annual rent
				  increase for occupied Units, provided that the rent for each Unit, including
				  the Rental Assistance, does not exceed the Maximum Rent for each Unit and
				  funding is available from the Annual Receipts.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart D - ALLOCATIONS TO LOCAL ADMINISTERING AGENCIES › Section 380.414 - Leases

Current through Register Vol. 48, No. 28, July 12, 2024
Landlords shall enter into a written lease with each Tenant
				  that shall have a term of no less than 12 months and that shall contain a
				  Rental Assistance Rider. The LAA shall review each lease and certify to the
				  applicable Agency that the leases do not violate any provision of State or
				  local law or this Part. The lease shall indicate which party is responsible for
				  paying the utilities. Landlords shall provide each Tenant and the LAA with a
				  copy of the lease.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart D - ALLOCATIONS TO LOCAL ADMINISTERING AGENCIES › Section 380.415 - Requirements for LAAs Designated by Municipalities

Current through Register Vol. 48, No. 28, July 12, 2024
LAAs designated by Municipalities must comply with Sections
				  380.301,
				  380.303,
				  380.305,
				  380.306,
				  380.307,
				  380.308,
				  380.309,
				  380.310,
				  380.311,
				  380.401,
				  380.406,
				  380.407,
				  380.408,
				  380.409,
				  380.410 and
				  380.414 and Subpart F of
				  this Part and the RHS Program Act.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart D - ALLOCATIONS TO LOCAL ADMINISTERING AGENCIES › Section 380.416 - Reporting Requirements for Municipalities

Current through Register Vol. 48, No. 28, July 12, 2024
Within 120 days after the close of each Fiscal Year, each
				  Municipality shall provide a report to the Authority documenting the use of
				  funds from its Fund Disbursement. The report shall include a list of all Units
				  receiving the benefits of Rental Housing Assistance, the addresses of the
				  Units, the number of bedrooms in each Unit, the income level of the Tenants in
				  each Unit, the outreach efforts made by the Municipality or its designated LAA
				  in connection with Special Needs Households, the compliance of the Municipality
				  or its designated LAA in connection with Special Needs Households, the
				  compliance of the Municipality or its designated LAA with the Plan for Services
				  of the Municipality of its designated LAA and such other information as the
				  Authority may require to ascertain the effectiveness of the operation of the
				  RHS Program.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart E - LANDLORD RESPONSIBILITIES › Section 380.501 - Income Eligibility and Verification

Current through Register Vol. 48, No. 28, July 12, 2024
Upon receipt of a Tenant Income Certification, the Landlord,
				  with the direction and supervision of the LAA, shall verify the Annual Income
				  of each prospective Tenant before occupancy of a Unit and then before lease
				  renewal, using the Tenant Income Certification form prescribed by the Agency.
				  All Household income and assets shall be verified following this
				  Part.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart E - LANDLORD RESPONSIBILITIES › Section 380.502 - Record Submission and Retention

Current through Register Vol. 48, No. 28, July 12, 2024
a) Landlords shall maintain monthly records
				of the Tenant Contribution and Rental Assistance payments received for each
				Unit, including Unit vacancies. Landlords shall submit copies of these records
				to the LAA at least quarterly unless the contract between the Landlord and the
				LAA requires more frequent submittals. Landlords shall also submit the
				quarterly certification forms described in Section
				380.410.
b) Copies of all records described in this
				Section shall be retained by Landlords for the term of the lease plus three
				years from the date of termination of the lease.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart E - LANDLORD RESPONSIBILITIES › Section 380.503 - Lead-Based Paint

Current through Register Vol. 48, No. 28, July 12, 2024
All Units eligible for Rental Assistance payments must be
				  free of lead-based paint hazards. For Units in buildings constructed prior to
				  January 1, 1978, Landlords must certify to the LAA and the Agency that they
				  have visually inspected the Unit for lead-based paint hazards and, if such
				  hazards have been found, have performed remediation, abatement, or
				  encapsulation, in conformance with federal and State law. For buildings
				  constructed on or after January 1, 1978, Landlords shall certify, using the
				  form prescribed by the Agency to the LAA, that the buildings or Units contain
				  no lead-based paint.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart E - LANDLORD RESPONSIBILITIES › Section 380.505 - Compliance with Federal, State and Local Law

Current through Register Vol. 48, No. 28, July 12, 2024
Landlords must certify to the LAA, in the form provided by
				  the Agency, that the lease for each Unit receiving Rental Assistance does not
				  violate federal, State or local law or this Part.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart E - LANDLORD RESPONSIBILITIES › Section 380.506 - Eviction

Current through Register Vol. 48, No. 28, July 12, 2024
Landlords shall have the right to evict Tenants from Units
				  for good cause, as permitted under State and local law.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart E - LANDLORD RESPONSIBILITIES › Section 380.508 - Property Insurance

Current through Register Vol. 48, No. 28, July 12, 2024
Landlords shall maintain the required State minimum level of
				  property insurance for all buildings that contain a Unit receiving Rental
				  Assistance.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart F - LONG-TERM OPERATING SUPPORT (LTOS) PROGRAM REQUIREMENTS › Section 380.601 - Allocations

Current through Register Vol. 48, No. 28, July 12, 2024
Agencies shall reserve at least 10% of each year's Annual
				  Receipts or Fund Distribution, as applicable, for LTOS Allocations. Agencies
				  are not required to spend those funds in the year reserved, but may combine
				  these funds with the reserved amounts from past or subsequent years. A
				  Municipality may delegate its responsibilities as an agency under this Subpart
				  F to establish and administer an LTOS Program to its designated
				  LAA.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart F - LONG-TERM OPERATING SUPPORT (LTOS) PROGRAM REQUIREMENTS › Section 380.602 - Allocations Only for New Units

Current through Register Vol. 48, No. 28, July 12, 2024
Grants under an LTOS Program will only be available for
				  Projects involving housing Units newly created for Extremely Low-Income
				  Households or Severely Low-Income Households.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart F - LONG-TERM OPERATING SUPPORT (LTOS) PROGRAM REQUIREMENTS › Section 380.603 - Application Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				From time to time, Agencies shall accept Applications from prospective
				Developers for funding under the LTOS Program in a manner described in the
				Program Guide or the Municipality Program Guide, as applicable.
b) The Authority shall prescribe forms and
				consider Applications for funding under the LTOS Program for Units to be
				located outside the Municipalities. Municipalities shall prescribe forms and
				consider Applications for funding under the LTOS Program for Units to be
				located within the Municipalities. All Applications must satisfy the applicable
				requirements of this Part.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart F - LONG-TERM OPERATING SUPPORT (LTOS) PROGRAM REQUIREMENTS › Section 380.604 - Developer Qualifications

Current through Register Vol. 48, No. 28, July 12, 2024
To be eligible to receive funding under an LTOS Program, a
				  Developer must be financially viable, as determined by the applicable Agency at
				  the time of its Application. In making this determination, the applicable
				  Agency shall review, among other things, the Developer's audited financial
				  statements for the most recent year or, if it does not have an audited
				  financial statement, its federal income tax return for the most recent year.
				  Developers must also demonstrate to the satisfaction of the Agency experience
				  in or capacity for the operation and management of affordable housing
				  developments, including housing developments that serve Extremely Low-Income
				  Households and Severely Low-Income Households.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart F - LONG-TERM OPERATING SUPPORT (LTOS) PROGRAM REQUIREMENTS › Section 380.605 - Application Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Applicants shall specify the number of Units for which they are requesting an
				Allocation. For Projects containing more than 25 Units, the number of Units
				proposed to receive Rental Assistance shall not exceed 30% of the Units in the
				Project. For Projects containing 25 Units or fewer, there shall be no
				restriction on the number of Units proposed to receive Rental Assistance. For
				Projects containing more than 25 Permanent Supportive Housing Units, the number
				of Units proposed to receive Rental Assistance shall be 100% of the Units in
				the Project.
b) Developers shall
				specify in their Applications how vacancies in Units will be advertised and
				shall include in their Application provisions for outreach to local homeless
				shelters, organizations that work with Special Needs Households, and others
				interested in affordable housing.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart F - LONG-TERM OPERATING SUPPORT (LTOS) PROGRAM REQUIREMENTS › Section 380.606 - Agency Review

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency shall review each complete Application and approve
				  or reject it. The Agency's review of an Application may include, but is not
				  limited to, the following criteria:
a)
				the availability of funds under the RHS Program that have been reserved for the
				LTOS Program;
b) the increase of
				the geographic diversity of Projects funded under the LTOS Program;
c) the level of local government and
				community support for the proposed Project;
d) the suitability of the Project
				site;
e) cost per Unit of the
				Project, including soft costs (non-construction costs);
f) the need for funding for the
				Project;
g) the affordability of
				the Units to Extremely Low-Income Households and Severely Low-Income
				Households;
h) the amount of LTOS
				Program funds requested;
i) the
				number of Units to be available for Special Needs Households;
j) the proposed term of the Allocation, which
				shall not exceed 30 years from the date of completion, construction or
				rehabilitation;
k) the site and
				market study for the Project; and
l) the Developer's Plan for
				Services.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart F - LONG-TERM OPERATING SUPPORT (LTOS) PROGRAM REQUIREMENTS › Section 380.607 - Waiver

Current through Register Vol. 48, No. 28, July 12, 2024
An Agency may waive any LTOS Program requirements only when
				  special circumstances exist and in furtherance of the purpose of the LTOS
				  Program to increase the supply of affordable rental housing, as permitted by
				  the RHS Program Act.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart F - LONG-TERM OPERATING SUPPORT (LTOS) PROGRAM REQUIREMENTS › Section 380.608 - Commitments

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon the
				approval of a Project under the LTOS Program, the Agency shall enter into a
				Commitment with the Developer. The term of the Commitment may be for a maximum
				of 15 years, provided, however, that Agencies may provide long-term financing
				to Developers for a period not to exceed 30 years. The Commitment shall also be
				subject to the Agency's annual review of the Developer's performance under the
				Commitment and may be revoked in the event of clearly unsatisfactory
				performance. Except in the case of long-term financing, the Commitment shall
				contain a provision that continued funding of the Allocation shall be
				conditioned on receipt of sufficient Annual Receipts for the RHS
				Program.
b) Except in the case of
				long-term financing, during the term of each Commitment the Agency shall
				provide regular funding for Units in the Project, but not more frequently than
				in quarterly installments each year.
c) Except in the case of long-term financing,
				the Agency shall provide increased funding if the Agency has approved an annual
				rent increase for occupied Units in accordance with Section
				380.307, provided
				that the rent for each Unit, including the funds for Rental Assistance, does
				not exceed the Maximum Rent for each Unit, except as provided in Section
				308.306(c), and funding is available from the Annual Receipts.
d) The Developer will be required to enter
				into a regulatory agreement with the applicable Agency pursuant to which, among
				other requirements, it will agree to rent a set number of Units to Households
				who meet the income qualifications for the RHS Program.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart F - LONG-TERM OPERATING SUPPORT (LTOS) PROGRAM REQUIREMENTS › Section 380.609 - Income Eligibility and Verification

Current through Register Vol. 48, No. 28, July 12, 2024
Developers shall verify the Annual Income of each prospective
				  Tenant prior to occupancy of a Unit and thereafter prior to lease renewal,
				  using the Tenant Income Certification form prescribed by the Agency. Developers
				  shall verify all Household income and assets, as required in this Part and the
				  Program Guide or the Municipality Program Guide, as applicable. Developers
				  shall maintain records in connection with all Units receiving Rental Assistance
				  under their Commitments for five years after the date of termination of the
				  Commitment.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart F - LONG-TERM OPERATING SUPPORT (LTOS) PROGRAM REQUIREMENTS › Section 380.610 - Over-Income Tenants

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Developers must verify the Annual Income of each Tenant before the renewal of
				the Tenant's lease. If the Annual Income of a Tenant exceeds 35% of the Median
				Income because of an increase in the Tenant's Annual Income, Rental Assistance
				shall be terminated no later than 12 months after the date of that increase. If
				the increase occurs during the term of an existing lease, the Tenant shall be
				required to report the increase to the Developer and the existing lease shall
				be extended for the period of time necessary to allow the Tenant the full 12
				months of Rental Assistance. The Transitional Contribution during this period
				shall be the Tenant's Tenant Contribution before that increase, plus one-half
				of the difference between the Tenant Contribution and the current rent for the
				Unit.
b) If a Tenant's Annual
				Income initially is within the Severely Low-Income Household limit, and
				increases above that limit but is still within the Extremely Low-Income
				Household limit, the Developer shall take all reasonable efforts to ensure that
				an additional Unit is reserved for a Severely Low-Income Household, if
				necessary to comply with Section
				380.301.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart F - LONG-TERM OPERATING SUPPORT (LTOS) PROGRAM REQUIREMENTS › Section 380.611 - Leases

Current through Register Vol. 48, No. 28, July 12, 2024
Developers must enter into a written lease with each Tenant
				  having a term of no less than 12 months. The lease shall contain a Rental
				  Assistance Rider. The lease shall indicate which party is responsible for
				  paying the utilities. Developers shall provide each Tenant and the funding
				  Agency with a copy of the lease.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart F - LONG-TERM OPERATING SUPPORT (LTOS) PROGRAM REQUIREMENTS › Section 380.612 - Evictions

Current through Register Vol. 48, No. 28, July 12, 2024
Developers shall have the right to evict Tenants from Units
				  for good cause, as permitted under State and local law.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart F - LONG-TERM OPERATING SUPPORT (LTOS) PROGRAM REQUIREMENTS › Section 380.613 - Housing Quality Standards

Current through Register Vol. 48, No. 28, July 12, 2024
a) Before the initial occupancy of a Project,
				the applicable Agency shall inspect the Project to determine whether the
				Project satisfies the Housing Quality Standards. If the Project does not
				satisfy the Housing Quality Standards, the Agency shall not provide an
				Allocation for the Project until all deficiencies have been removed to the
				satisfaction of the Agency.
b)
				During the period in which the Developer is receiving funding under the LTOS
				Program or, in the case of long-term financing, during the term of that
				long-term financing, the Project must continue to meet the Housing Quality
				Standards. Agencies shall make annual inspections of the Units in each Project,
				as provided in Section
				380.407.
c) If an Agency determines that one or more
				Units do not satisfy the Housing Quality Standards, it shall give the Developer
				a period not to exceed 30 days in which to correct the deficiencies discovered
				in the inspection. However, if the deficiency is in an occupied Unit and poses
				a serious threat to the health and safety of the Tenant, the deficiency must be
				corrected within 72 hours. Examples of conditions that are considered to pose a
				serious threat to the health and safety of the Tenant include, but are not
				limited to, the following:
1) detection of
				propane, natural gas or methane gas;
2) exposed electrical wires or open
				electrical panels;
3) water leaks
				on or near electrical equipment;
4)
				blocked emergency or fire exits;
5)
				unusable fire escapes;
6) blocked
				egress or ladders;
7) any carbon
				monoxide hazard connected with, but not limited to, gas or oil-fired units or
				missing or misaligned chimneys; and
8) any other conditions the Agency finds to
				be a health or safety threat.