Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart D - ALLOCATIONS TO LOCAL ADMINISTERING AGENCIES › Section 380.413 - Revocation/Non-Renewal of Commitments

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				LAAs may apply for a renewal of their Commitments, which shall be granted at
				the discretion of the applicable Agency, subject to the restrictions set forth
				in this Section. Agencies shall review the performance of each LAA at the end
				of the LAA's Commitment term. Agencies shall only renew the Commitments of
				those LAAs that have satisfactorily performed their obligations under their
				Commitments, as determined by the Agency. The performance review shall include,
				without limitation, the LAA's compliance with requirements for Tenant
				eligibility, Tenant Contribution, and rent charged for the Units; the number of
				two-, three-, and four-bedroom Units included among the Units receiving Rental
				Assistance; the adequacy, frequency, and sufficiency of inspections of Units;
				the proper and timely submission of quarterly landlord certifications and
				Reconciliations; the LAA's compliance with its Plan for Services and its
				outreach plan, including outreach activities conducted by the LAA within and
				around the LAA's Service Area; the LAA's compliance with its selection plan for
				Landlords; the implementation of the LAA's pledge to offer Rental Assistance
				for Units for Special Needs Households, if applicable; the LAA's responsiveness
				in addressing concerns about the LAA's performance under its Commitment; and
				proper documentation of the LAA's operating expenses and other program
				requirements.
b) If an LAA does not
				wish to renew its Commitment or the Agency does not renew the Commitment of an
				LAA, the Agency shall seek another LAA to provide Rental Assistance for Units
				receiving Rental Assistance under the un-renewed Commitment. The Agency may
				offer a temporary Commitment to an LAA working in the same Service Area, and if
				the substitute LAA's performance is satisfactory, may extend the temporary
				Commitment for a period not to exceed three years. If the Agency is unable to
				find a replacement LAA, the Agency shall give 90 days' notice to the Tenants
				and Landlords of its intention to terminate Rental Assistance for the Units,
				and shall reallocate the Rental Assistance funds for these Units.
c) If an LAA does not perform in accordance
				with the provisions of its Commitment with an Agency, as determined upon review
				by the Agency, the Agency may revoke the Commitment before its expiration. In
				determining whether a Developer has adequately performed under its Commitment,
				the Agency shall review the performance factors outlined in subsection
				(a).
d) Before the
				revocation/non-renewal, the Agency shall inform the LAA in writing of the
				reasons for the revocation/non-renewal. The written notification of
				revocation/non-renewal shall also indicate that the LAA will have 30 days to
				submit a written appeal to the Agency. The LAA's appeal shall be addressed to
				the Agency and shall include a written statement of the LAA's position,
				including, without limitation, responses to any allegations of poor
				performance, along with all relevant supporting documentation. The Agency will
				review and make a final decision as to the revocation/non-renewal of the
				Commitment within 30 days after receiving the written appeal. Commitments not
				renewed due to lack of funding are not subject to appeal.
e) If the Agency decides to revoke or not
				renew a Commitment, a final Reconciliation shall be performed and any amount
				due to the Agency by the LAA shall be paid within 10 days. If the LAA fails to
				pay that amount to the Agency, the Agency may exercise any remedies available
				to it at law or in equity to recover that amount from the LAA.