reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 375 - NOTICE PROCEDURES UNDER THE FEDERALLY ASSISTED HOUSING PRESERVATION ACT › Subpart A - GENERAL RULES › Section 375.101 - Authority

Current through Register Vol. 48, No. 28, July 12, 2024
This Part is authorized by and adopted pursuant to Section
				  7.19 of the Illinois Housing Development Act [20 ILCS
				  3805/7.19 ] and the Federally Assisted Housing
				  Preservation Act [310 ILCS 60 ] and shall govern the provision of notices
				  required by the Federally Assisted Housing Preservation Act.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 375 - NOTICE PROCEDURES UNDER THE FEDERALLY ASSISTED HOUSING PRESERVATION ACT › Subpart A - GENERAL RULES › Section 375.102 - Purposes and Objectives

Current through Register Vol. 48, No. 28, July 12, 2024
This Part is established to implement the notice requirements
				  under the Federally Assisted Housing Preservation Act. The purpose of this Part
				  is to create a uniform procedure for producing and delivering notices under the
				  Federally Assisted Housing Preservation Act.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 375 - NOTICE PROCEDURES UNDER THE FEDERALLY ASSISTED HOUSING PRESERVATION ACT › Subpart A - GENERAL RULES › Section 375.104 - Amendment

Current through Register Vol. 48, No. 28, July 12, 2024
This Part may be amended or repealed by the members from time
				  to time in accordance with the Illinois Administrative Procedure Act and in
				  such manner as the members may determine consistent with the Act, the purposes
				  of the Preservation Act, and other applicable provisions of law. This Part
				  shall not constitute or create any contractual rights.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 375 - NOTICE PROCEDURES UNDER THE FEDERALLY ASSISTED HOUSING PRESERVATION ACT › Subpart A - GENERAL RULES › Section 375.105 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
If any clause, sentence, subsection, Section or Subpart of
				  this Part shall be adjudged by any court of competent jurisdiction to be
				  invalid, that judgment shall not affect, impair or invalidate the remainder of
				  this Part, but shall be confined in its operation to the clause, sentence,
				  subsection, Section and Subpart to which the judgment is
				  rendered.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 375 - NOTICE PROCEDURES UNDER THE FEDERALLY ASSISTED HOUSING PRESERVATION ACT › Subpart A - GENERAL RULES › Section 375.106 - Gender and Number

Current through Register Vol. 48, No. 28, July 12, 2024
All terms used in any one gender or number shall be construed
				  to include any other gender or number as the context may
				  require.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 375 - NOTICE PROCEDURES UNDER THE FEDERALLY ASSISTED HOUSING PRESERVATION ACT › Subpart B - NOTICE PROCEDURES › Section 375.201 - Content of Notice of Intent to Terminate Subsidy

Current through Register Vol. 48, No. 28, July 12, 2024
For owners required to provide notice to tenants of an
				  Assisted Housing Development and to affected public entities under the
				  Preservation Act, the notice shall include the following information:
a) the address of each building included in
				the property;
b) the number of
				occupied units in the property on the date of the notice;
c) a description of the property, including
				the number of units, commercial space, garage, etc.;
d) the date on which the owner intends to
				sell or otherwise dispose of the property, complete prepayment or complete a
				termination of affordability restrictions at the property;
e) a detailed description of the
				affordability restrictions presently in place at the property;
f) the name, address and contact information
				for the owner of the property; and
g) a statement notifying the tenant that
				he/she has certain rights under the Preservation Act.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 375 - NOTICE PROCEDURES UNDER THE FEDERALLY ASSISTED HOUSING PRESERVATION ACT › Subpart B - NOTICE PROCEDURES › Section 375.202 - Form of Notice

Current through Register Vol. 48, No. 28, July 12, 2024
Where a provision of the Preservation Act requires that
				  notice be given to the tenants of an Assisted Housing Development and to
				  affected public entities, the format of the notice shall be as specified in
				  Appendix A.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 375 - NOTICE PROCEDURES UNDER THE FEDERALLY ASSISTED HOUSING PRESERVATION ACT › Subpart B - NOTICE PROCEDURES › Appendix A - Notice of Intent to Terminate Subsidy

Current through Register Vol. 48, No. 28, July 12, 2024
Where a provision of the Preservation Act requires that
				  notice be given to the tenants of an assisted housing development and to
				  affected public entities, the format of the notice shall be as follows:
NOTICE OF INTENT TO TERMINATE
				  SUBSIDY
Name of Property:
Address of Each Building Included in
				  Property:
Owner:
Property Description:
Number of Occupied Units:
Anticipated Date of Sale or Other Action:
Affordability Restrictions:
Owner/Contact Information:
THIS IS NOT AN EVICTION NOTICE.
It is a notice
				  to advise all tenants in the property identified above that one of the
				  following actions with respect to the above property will take place on the
				  date referenced above:
(i) the sale or other disposition of the
				  property;
(ii) the prepayment or refinancing of a federally
				  insured or federally held mortgage secured by the property;
(iii) the termination of the property's
				  participation in a federal subsidy program for assisted housing.
One or all of these actions may have the effect of
				  terminating the affordability restrictions noted above.
This notice is to advise you that the Federally Assisted
				  Housing Preservation Act [310 ILCS 60 ] gives you certain rights. Tenants
				  living on the property may form a tenants association and negotiate with the
				  owner to purchase the property, subject to certain restrictions. Tenants may
				  also enter into an agreement with a not-for-profit corporation or other entity
				  to represent them in negotiations with the owner. If the negotiations are
				  successful, the tenants association can buy the property. A more detailed
				  discussion of the provisions of the law is attached to this notice as Exhibit
				  A.
If you have any questions with regard to this notice, please
				  contact the following individual at the number listed:
_______________________________________________
_______________________________________________
_______________________________________________
Dated: __________________________________
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 375 - NOTICE PROCEDURES UNDER THE FEDERALLY ASSISTED HOUSING PRESERVATION ACT › Subpart B - NOTICE PROCEDURES › Exhibit A - Delivery of Notice to Tenants and Affected Public Entities

Current through Register Vol. 48, No. 28, July 12, 2024
a) Where a provision of the Preservation Act
				requires that notice be given to tenants of the Assisted Housing Development
				and affected public entities, the requirements may be met by transmitting the
				notice described in subsection (b) by one of the following methods:
1) delivering the notice, by certified mail
				or registered mail, return receipt requested, postmarked at least 12 months
				prior to the anticipated date of the action covered by the notice, to the
				following public persons or entities:
A) the
				mayor of the city or village in which the Assisted Housing Development is
				located or, if in an unincorporated area, the chairperson of the county
				board;
B) the public housing agency
				in whose jurisdiction the Assisted Housing Development is located, if
				any;
C) the Executive Director of
				IHDA; and
D) the federal agency
				providing mortgage loan insurance, subsidies or financing for the property, if
				any;
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 378 - FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAMS › Subpart A - GENERAL RULES › Section 378.101 - Authority

Current through Register Vol. 48, No. 28, July 12, 2024
This Part implements the COVID-19 Federal Emergency Rental
				  Assistance Program Act (P.A.102-0005) and is authorized by Section 7.19 of the
				  Illinois Housing Development Act [20 ILCS
				  3805/7.19 ].
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 378 - FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAMS › Subpart A - GENERAL RULES › Section 378.102 - Purpose and Objectives

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of the ERA1 and ERA2 emergency rental assistance
				  programs is to use moneys to provide emergency rental assistance for eligible
				  households, and to provide housing stability services.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 378 - FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAMS › Subpart A - GENERAL RULES › Section 378.104 - Compliance with Federal and State Law

Current through Register Vol. 48, No. 28, July 12, 2024
Notwithstanding anything in this Part to the contrary, this
				  Part shall be construed in conformity and compliance with applicable law,
				  including but not limited to the ERA1 award terms, any ERA1 Grant Agreement,
				  the ERA2 award terms, any ERA2 Grant Agreement and the Uniform
				  Guidance.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 378 - FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAMS › Subpart A - GENERAL RULES › Section 378.105 - Applications, Forms and Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Authority should, to the extent
				possible, implement ERA2 consistently with ERA1.
b) The Authority may prepare, use, prescribe,
				supplement and amend forms, including application forms, agreements and other
				documents and procedures as may be necessary to implement any ERA1 or ERA2
				program.
c) The Authority may
				accept applications for any ERA1 or ERA2 program in one or more rounds of
				funding.
d) The Authority must
				provide grants covered by the IL ERA Act in an amount based on stated need
				rather than a flat or fixed amount. An eligible household's stated need may
				include, but is not limited to, the amount of arrears owed to a landlord, or
				future rental payments based on monthly rent. Nothing in this Part shall be
				construed as precluding the Authority from capping or setting a limit on the
				amount of ERA1 or ERA2 emergency rental payments made on behalf of any single
				eligible household.
e) The
				Authority will accept applications, from time-to-time, in one or more rounds of
				funding, via a web-based application portal, as follows:
1) The Authority will offer applications,
				commenced by landlords and completed by tenants or, commenced by tenants and
				completed by landlords.
2) In the
				event a landlord refuses to accept a direct payment, or fails to cooperate with
				an application for assistance, grants covered by the IL ERA Act will be made
				directly to eligible households.
3)
				The application will request the information necessary to determine whether an
				applicant meets the eligibility criteria. Application questions will focus on
				the following: identity verification, address verification, income
				verification, employment status, lease and rent information, rental property
				ownership information. Demographic information will be requested but will not
				be required.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 378 - FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAMS › Subpart A - GENERAL RULES › Section 378.107 - Authority Administrative Expenses

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Authority is entitled to reimbursement
				from DCEO for administrative expenses incurred with respect to the
				administration of ERA1 funds. Under ERA1, not more than 10 percent of the
				amount paid to an eligible grantee may be used for administrative costs
				attributable to providing financial assistance and housing stability services
				to eligible households.
b) The
				Authority is entitled to reimbursement from IEMA for administrative expenses
				incurred with respect to the administration of ERA2 funds. Under ERA2, not more
				than 15 percent of the amount paid to an eligible grantee may be used for
				administrative costs attributable to providing financial assistance, housing
				stability services, and other affordable rental housing and eviction prevention
				activities.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 378 - FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAMS › Subpart A - GENERAL RULES › Section 378.108 - Amendment

Current through Register Vol. 48, No. 28, July 12, 2024
This Part may be supplemented, amended or repealed by the
				  Authority from time to time and in a manner consistent with the Illinois
				  Administrative Procedure Act [5 ILCS 100 ], this Part and other applicable
				  laws. This Part does not constitute or create any contractual
				  rights.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 378 - FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAMS › Subpart A - GENERAL RULES › Section 378.109 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
If any clause, sentence, paragraph, subsection, Section or
				  Subpart of this Part is adjudged by any court of competent jurisdiction to be
				  invalid, that judgment shall not affect, impair or invalidate the remainder of
				  this Part, but shall be confined in its operation to the clause, sentence,
				  paragraph, subsection, Section or Subpart to which the judgment is
				  rendered.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 378 - FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAMS › Subpart A - GENERAL RULES › Section 378.110 - Non-Discrimination

Current through Register Vol. 48, No. 28, July 12, 2024
a) Unless necessary
				to comply with applicable federal or State law, the Authority will not require
				any type of documentation relating to any household member's immigration
				status.
b) Eligible landlords and
				HSS Providers shall comply with the applicable provisions of the Illinois Human
				Rights Act [775 ILCS 5 ] and the regulations promulgated under that Act, the
				federal Fair Housing Act (42 USC
				3601) , Section 504 of the Rehabilitation Act
				of 1973 (29 USC
				794) , the Illinois Environmental Barriers
				Act [410 ILCS 25 ], the Illinois Accessibility Code (71 Ill. Adm. Code 400),
				and all other applicable State and federal law concerning discrimination and
				fair housing.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 378 - FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAMS › Subpart A - GENERAL RULES › Section 378.111 - Record Retention

Current through Register Vol. 48, No. 28, July 12, 2024
Eligible households, eligible landlords and HSS Providers
				  shall maintain copies of any records in their possession in connection with
				  ERA1 and ERA2 for at least five years from the date of the
				  grant.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 378 - FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAMS › Subpart A - GENERAL RULES › Section 378.112 - Monitoring

Current through Register Vol. 48, No. 28, July 12, 2024
The Authority has the right to monitor all records of
				  eligible households, eligible landlords and HSS Providers relating to an award
				  of funds under ERA1 and ERA2. Eligible households, eligible landlords and HSS
				  Providers shall make all records relating to ERA1 and ERA2 available for
				  inspection by the Authority upon the Authority's request.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 378 - FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAMS › Subpart A - GENERAL RULES › Section 378.113 - Federal Legislation

Current through Register Vol. 48, No. 28, July 12, 2024
Notwithstanding anything herein to the contrary, this Part
				  shall be construed in conformity and compliance with the Consolidated
				  Appropriations Act and the American Rescue Plan Act. To the extent that this
				  Part conflicts with federal law, federal law shall control and
				  prevail.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 378 - FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAMS › Subpart A - GENERAL RULES › Section 378.114 - Prioritization

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Authority
				will establish a system for ERA1 and ERA 2 programs that prioritizes assistance
				to eligible households with incomes less than 50% of the area median income and
				to eligible households with one or more members that have been unemployed for
				at least 90 days.
b) The Authority
				will make best efforts to give further prioritization to programs covered by
				the IL ERA Act to an eligible household:
1)
				located within a disproportionately impacted area based on positive COVID-19
				cases;
2) that has a documented
				history of housing instability or homelessness based on a past due rent notice
				or eviction notice, or if those items are not immediately available, a
				self-attestation; or
3) that has a
				significant amount of rental arrears, such as a minimum of 50% of their monthly
				rent.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 378 - FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAMS › Subpart A - GENERAL RULES › Section 378.115 - Accessibility and Transparency

Current through Register Vol. 48, No. 28, July 12, 2024
a) In
				addition to federal requirements, with respect to any program covered by the IL
				ERA Act, the Authority will make publicly accessible by publishing on its
				website any important information, including, but not limited to, the
				following:
1) application forms for
				households and landlords, including any joint application forms;
2) program eligibility
				requirements;
3) the Authority's
				procedures and processes for administering the applicable program;
4) the Authority's procedures and
				communication methods for notifying program applicants of defective
				applications due to incompletion, errors, missing information, or any other
				impediment;
5) the Authority's
				procedures and methods for applicants to remedy defective applications due to
				incompletion, errors, missing information, or any other impediment;
				and
6) any other important program
				information critical to applicants, including renters and landlords relating to
				the application requirements and process, eligibility determination, and
				disbursement of payment.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 378 - FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAMS › Subpart A - GENERAL RULES › Section 378.116 - Required Notifications and Correspondence

Current through Register Vol. 48, No. 28, July 12, 2024
With respect to any program covered by the IL ERA Act, the
				  Authority shall ensure it communicates clearly with an applicant about the
				  application determination process, including acceptance, status of a pending
				  application, and any reason for denying an application.
a) The Authority will provide notice to an
				applicant upon finding that a submitted application is defective or should
				otherwise be considered ineligible, denied, or rejected. Applications lacking
				information necessary to determine whether an applicant meets the eligibility
				criteria will be considered ineligible and denied, or rejected. This would
				include applications whereby the Authority is unable to perform identity
				verification, address verification, income verification, employment status,
				lease and rent information, or rental property ownership information.
b) The notice from the Authority will explain
				the reason why an applicant's submitted application is defective or should
				otherwise be considered ineligible, denied, or rejected.
c) The notice will contain the necessary
				information, process, accepted method, and deadline for the applicant to remedy
				any defective or deficient application, provided that remedy is
				possible.
d) All notice and
				correspondence required to be provided by the Authority will be given promptly
				and without unnecessary delay to any applicant.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 378 - FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAMS › Subpart A - GENERAL RULES › Section 378.117 - Recapture

Current through Register Vol. 48, No. 28, July 12, 2024
ERA1 and ERA2 grants, including HSS Grants, are subject to
				  recapture in the event of default, such as fraud on behalf of an eligible
				  household, eligible landlord, or HSS Provider, failure to comply with this
				  Part, any other applicable law, or failure to meet any obligations under any
				  program document. The Authority will provide a notice of recapture and demand
				  for repayment to the applicable party in writing that specifies the reason or
				  reasons for the recapture. If the recipient wishes to appeal the demand for
				  repayment, the recipient must notify the Authority in writing within thirty
				  days after receipt. The Authority will review information provided by the
				  recipient and will, if sufficient documentation is provided, reverse the demand
				  for repayment.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 378 - FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAMS › Subpart B - HOUSEHOLD ELIGIBILITY REQUIREMENTS › Section 378.201 - Household Eligibility

Current through Register Vol. 48, No. 28, July 12, 2024
a) For an
				applicant to be eligible to receive an ERA1 or ERA2 grant, the occupants of the
				residential dwelling unit must qualify as an ERA1 or ERA2 eligible household,
				respectively. The Authority is permitted to verify income based on categorical
				eligibility.
b) The Authority will
				not disqualify an eligible household from any program covered by the IL ERA Act
				based on previous application for or receipt of other similar federal
				assistance for periods that are different than that for which the program
				assistance is being provided.
c)
				For a CBRAP applicant to be eligible to receive an ERA2 grant pursuant to
				CBRAP, the applicant must be an ERA2 eligible household and:
1) The CBRAP Applicant must have an eviction
				court summons; and
2) The ERA2
				Eligible Household must be behind on its rent for at least 30 days.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 378 - FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAMS › Subpart C - LANDLORD ELIGIBILITY REQUIREMENTS › Section 378.301 - Landlord Eligibility

Current through Register Vol. 48, No. 28, July 12, 2024
Prior to receiving ERA1 or ERA2 grant funds on behalf of an
				  eligible household, landlords must:
a)
				Provide any documentation and information reasonably required by the Authority,
				including, but not limited to, a copy of the lease (if available), evidence of
				ownership and verification of address, a W-9, and a property management
				agreement (if acting as an agent on behalf of an owner).
b) Execute documentation evidencing their
				agreement to comply with the terms and conditions of all program documents and
				all applicable laws, including, but not limited to, the Consolidated
				Appropriations Act, the American Rescue Plan Act, the IL ERA Act, the Illinois
				Housing Development Act, the Guidance, and this Part.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 378 - FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAMS › Subpart C - LANDLORD ELIGIBILITY REQUIREMENTS › Section 378.302 - Waiver of Fees, Fines and Charges

Current through Register Vol. 48, No. 28, July 12, 2024
Prior to receiving ERA1 or ERA2 grant funds on behalf of an
				  eligible household, and in order to become an eligible landlord, landlords must
				  agree to waive all late fees accrued by the eligible household during the grant
				  coverage period, as well as all fines or other charges and may not charge
				  holdover rent during the grant coverage period.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 378 - FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAMS › Subpart C - LANDLORD ELIGIBILITY REQUIREMENTS › Section 378.303 - Leases

Current through Register Vol. 48, No. 28, July 12, 2024
a) Unless necessary
				to comply with applicable federal or State law, the Authority will not require
				a fully executed written lease to participate in any ERA1 or ERA2
				program.
b) Prior to receiving ERA1
				or ERA2 grants funds on behalf of an eligible household, landlords must agree
				they will not terminate the lease of an eligible household until the end of the
				program coverage period, or the expiration of the program eligibility period,
				whichever comes first.
c) In the
				event an eligible household is residing in a unit with an expired lease,
				occupancy status may be viewed by the Authority as month-to-month, on the same
				terms and conditions as the most recently expired lease.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 378 - FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAMS › Subpart C - LANDLORD ELIGIBILITY REQUIREMENTS › Section 378.304 - Eviction Moratorium

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Prior to receiving ERA1 or ERA2 grants funds on behalf of an eligible
				household, landlords must agree they will forgo any right to commence or
				continue an eviction action, or other legal action, including but not limited
				to breach of contract, against an eligible household, for non-payment of rent
				or other fees, during the longer of:
1) the
				eligible household's program coverage period; or
2) the date of any eviction moratorium
				established by State or federal law, including, but not limited to, any order
				issued by the Centers for Disease Control and Prevention or the
				Governor.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 378 - FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAMS › Subpart C - LANDLORD ELIGIBILITY REQUIREMENTS › Section 378.305 - Distribution of Grants

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				ERA1 grants made by the Authority may cover all or any portion of the ERA1
				eligibility period.
b) ERA2 grants
				made by the Authority may cover all or any portion of the ERA2 eligibility
				period.
c) When making ERA1 or ERA2
				grant payments to an eligible landlord on behalf of an eligible household, the
				Authority must include information sufficient to allow the recipient of the
				payment to identify the applicable eligible household.
d) If the landlord does not agree to accept
				an ERA1 grant payment from the Authority after the Authority has made contact
				with the landlord, then the Authority may make such payments directly to the
				eligible household for the purpose of the eligible household making payments to
				the landlord. The Authority shall make reasonable efforts to obtain the
				cooperation of landlords to accept ERA1 payments.
1) Outreach will be considered complete if:
A) a request for participation is sent in
				writing, by mail, to the landlord, and the addressee does not respond to the
				request within 7 calendar days after mailing (unless such time period is
				modified by applicable law); or
B)
				the Authority, or an authorized representative of the Authority, including but
				not limited to an HSS Provider, has made at least three attempts by phone,
				text, or e-mail over a 5 calendar-day period to request the landlord's
				participation (unless such time period is modified by applicable law);
				or
C) a landlord confirms in
				writing that the landlord does not wish to participate.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 378 - FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAMS › Subpart D - HOUSING STABILITY SERVICES PROVIDERS › Section 378.401 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
Subject to the terms of the agreement executed by the HSS
				  Provider and the Authority, HSS Sub-Awards allocated to an HSS Provider are for
				  the provision of HSS outreach and intake services, as described in this Part,
				  and the purchase of HSS equipment.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 378 - FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAMS › Subpart D - HOUSING STABILITY SERVICES PROVIDERS › Section 378.402 - Request for Proposals

Current through Register Vol. 48, No. 28, July 12, 2024
The Authority may issue one or more requests for proposals
				  for applications for an HSS Sub-Award from prospective HSS
				  Providers.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 378 - FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAMS › Subpart D - HOUSING STABILITY SERVICES PROVIDERS › Section 378.403 - HSS Provider Eligibility

Current through Register Vol. 48, No. 28, July 12, 2024
HSS Providers may be HUD approved counseling agencies,
				  community or faith based organizations, non-profit organizations, including
				  legal assistance groups, and such other community organizations that specialize
				  in housing or community outreach and engagement and such other organizations to
				  the extent permitted by applicable law.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 378 - FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAMS › Subpart D - HOUSING STABILITY SERVICES PROVIDERS › Section 378.404 - Eligible Uses on an HSS Sub-Award

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				HSS outreach, which includes:
1) Disseminating
				information about ERA1 and ERA2 throughout the provider's coverage
				area;
2) Performing outreach
				services within the provider's coverage area to inform as many people as
				possible about ERA1 and ERA2 programs in languages needed in the coverage area;
				and
3) Identifying other available
				housing resources for clients.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 378 - FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAMS › Subpart D - HOUSING STABILITY SERVICES PROVIDERS › Section 378.405 - Application Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
Each application for an HSS Sub-Award under the request for
				  applications shall include the information required by the Authority to promote
				  efficient program administration and quality of performance. Applicants will be
				  required to indicate how many staff members they anticipate dedicating to the
				  program, the geographical area they intent to serve, the general demographic
				  makeup of the clients the applicant typically serves, a description of all the
				  services the applicant currently offers, the number of clients served on an
				  annual basis and the applicant's previous experience with COVID-19 rental
				  assistance programs.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 378 - FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAMS › Subpart D - HOUSING STABILITY SERVICES PROVIDERS › Section 378.406 - Maximum HSS Provider Sub-Awards

Current through Register Vol. 48, No. 28, July 12, 2024
The maximum HSS Sub-Award available to HSS Providers may vary
				  based on the eligible activities the HSS Provider is approved to
				  undertake.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 378 - FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAMS › Subpart D - HOUSING STABILITY SERVICES PROVIDERS › Section 378.407 - Distribution of HSS Provider Sub-Awards

Current through Register Vol. 48, No. 28, July 12, 2024
Once approved for an HSS Sub-Award, HSS Providers will be
				  eligible to receive an initial disbursement in an amount equal to less than
				  100% of the grant, in an amount established by the Authority. An accounting of
				  expenses will be required to demonstrate use of the HSS Sub-Awards provided in
				  the initial disbursement. Additional HSS Sub-Awards disbursements will be made
				  pursuant to the submission and approval of one or more reports acceptable to
				  the Authority.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart A - GENERAL RULES › Section 380.101 - Authority

Current through Register Vol. 48, No. 28, July 12, 2024
The Illinois Housing Development Authority (Authority) is the
				  designated administrator for the Rental Housing Support Program (RHS Program)
				  in Illinois, which was established by the Rental Housing Support Program Act
				  (RHS Program Act) [310 ILCS 105 ], effective July 5, 2005. This Part is
				  authorized by Section 7.19 of the Illinois Housing Development Act
				  [20 ILCS
				  3805/7.19 ] and Section 10 of the RHS Program
				  Act.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart A - GENERAL RULES › Section 380.102 - Purpose and Objectives

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of the RHS Program is to help localities address
				  the need for decent, affordable, permanent rental housing. Under the RHS
				  Program, the Agency shall make grants to Local Administering Agencies to
				  provide subsidies to Landlords that will make housing units affordable to
				  Extremely Low- and Severely Low-Income Households and to Developers to provide
				  long-term operating support for Projects that will make housing units
				  affordable to Extremely Low- and Severely Low-Income
				  Households.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart A - GENERAL RULES › Section 380.104 - Compliance with Federal and State Law

Current through Register Vol. 48, No. 28, July 12, 2024
Notwithstanding anything in this Part to the contrary, this
				  Part shall be construed in conformity and compliance with applicable federal
				  and State law.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart A - GENERAL RULES › Section 380.105 - Forms and Procedures for the Program

Current through Register Vol. 48, No. 28, July 12, 2024
The Authority may prepare, use, supplement, and amend such
				  forms, agreements, and other documents and such procedures as may be necessary
				  to implement the RHS Program. Except as otherwise permitted in this Part or by
				  the Authority in writing, all Agencies must use the forms prepared by the
				  Authority.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart A - GENERAL RULES › Section 380.106 - Application Fee

Current through Register Vol. 48, No. 28, July 12, 2024
An Agency may charge an Application fee not to exceed $500 in
				  connection with its Application, as set forth in the Program Guide or
				  Municipality Program Guide, as applicable.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart A - GENERAL RULES › Section 380.107 - Program Operating Fees

Current through Register Vol. 48, No. 28, July 12, 2024
Allocations to LAAs, including any LAA designated by a
				  Municipality, shall include an amount to be paid to the LAA for the LAA's
				  operating expenses in connection with the administration of the Allocation,
				  including, but not limited to, the staff salaries and benefits of LAA employees
				  for time spent performing duties associated with the Allocation, including Unit
				  inspections; participation in Tenant referrals and determination of Tenant
				  eligibility; negotiation with prospective Landlords regarding participation in
				  the RHS Program; technical assistance; auditing and bookkeeping expenses; the
				  LAA's use of equipment in operating under the RHS Program (such as cars,
				  copiers, paper used in preparing required documentation, etc.); and costs for
				  office space and utilities incurred in operating under the RHS Program. The
				  amount of funds for an LAA's operating expenses shall not exceed 10% of the
				  amount of an Allocation that is less than or equal to $500,000 and 7% of the
				  annual amount of an Allocation that is greater than $500,000.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart A - GENERAL RULES › Section 380.108 - Authority Administrative Expenses

Current through Register Vol. 48, No. 28, July 12, 2024
When funding for administrative expenses has not been
				  separately appropriated, the Authority shall be entitled to deduct from the
				  Annual Receipts, before any distribution of funds under the RHS Program, an
				  amount not to exceed 7% of the Annual Receipts for expenses associated with the
				  administration of the RHS Program, including, without limitation, expenses for
				  staff salaries and benefits for time spent on design and administration of the
				  RHS Program; training and marketing expenses incurred in performing outreach
				  activities and providing technical assistance to LAAs; the use of the
				  Authority's equipment for RHS Program purposes; the cost of office space and
				  utilities incurred in connection with the RHS Program; and any other expenses
				  incurred in the administration of the RHS Program; provided, that only
				  administrative expenses specifically related to the RHS Program within a
				  Municipality may be deducted from the Annual Receipts required by law to be
				  distributed to Municipalities. The Authority shall maintain a detailed
				  accounting of all administrative expenses, which shall be available to the
				  applicable Agency, LAAs or the public for review.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart A - GENERAL RULES › Section 380.109 - Amendment

Current through Register Vol. 48, No. 28, July 12, 2024
This Part may be supplemented, amended, or repealed by the
				  Members from time to time and in a manner consistent with the Illinois
				  Administrative Procedures Act [5 ILCS 100 ], this Part, the Act, the RHS
				  Program Act, and other applicable laws. This Part shall not constitute or
				  create any contractual rights.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart A - GENERAL RULES › Section 380.110 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
If any clause, sentence, paragraph, subsection, Section, or
				  Subpart of this Part is adjudged by any court of competent jurisdiction to be
				  invalid, that judgment shall not affect, impair, or invalidate the remainder of
				  this Part, but shall be confined in its operation to the clause, sentence,
				  paragraph, subsection, Section, or Subpart as to which the judgment is
				  rendered.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart A - GENERAL RULES › Section 380.111 - Gender and Number

Current through Register Vol. 48, No. 28, July 12, 2024
All terms used in any one gender or number shall be construed
				  to include any other gender or number as the context may
				  require.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart A - GENERAL RULES › Section 380.112 - Non-Discrimination

Current through Register Vol. 48, No. 28, July 12, 2024
Landlords, LAAs and Developers shall comply with the
				  applicable provisions of the Illinois Human Rights Act [775 ILCS 5 ] and the
				  regulations promulgated under that Act, the Fair Housing Act (
				  42 USC 3601
				  ), Section 504 of the Rehabilitation Act of 1973 (
				  29 USC
				  794 ), the Illinois Environmental Barriers
				  Act [410 ILCS 25 ], the Illinois Accessibility Code (71 Ill. Adm. Code 400),
				  and all other applicable State and federal law concerning discrimination and
				  fair housing.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart A - GENERAL RULES › Section 380.113 - Titles and Captions

Current through Register Vol. 48, No. 28, July 12, 2024
Titles and captions of Subparts, Sections, and subsections
				  are used for convenience and reference and are not a part of the
				  text.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart B - DISTRIBUTION OF FUNDS › Section 380.201 - Distribution of Annual Receipts

Current through Register Vol. 48, No. 28, July 12, 2024
The Authority shall distribute funds from Annual Receipts in
				  accordance with the following priorities:
a) To the Authority for its administrative
				fee.
b) To Municipalities.
1) Each Municipality must use at least 10% of
				its Fund Distribution for an LTOS Program.
2) Each Municipality shall distribute the
				balance of its Fund Distribution to its Reserve Fund and one or more designated
				non-profit organizations that meet the requirements for an LAA and that will
				serve as an LAA for the Municipality.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart B - DISTRIBUTION OF FUNDS › Section 380.202 - Fund Distributions to Geographic Areas

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Authority shall make Fund
				Distributions to Geographic Areas on a proportional basis using data from the
				most recent decennial census performed by the U.S. Census Bureau. Each
				Geographic Area's proportionate share shall be the fraction having a numerator
				equal to the number of all Households in that Geographic Area having an Annual
				Income less than 50% of the State Median Income (as determined by the U.S.
				Department of Housing and Urban Development, based on U.S. Census data) for a
				Household of four and paying more than 30% of their Annual Income for rent, and
				a denominator equal to the number of all Households in the State having an
				Annual Income less than 50% of the State Median Income for a Household of four
				and paying more than 30% of their Annual Income for rent.
b) The proportionate Fund Distributions for
				the Geographic Areas shall be redetermined when data from a new decennial U.S.
				Census becomes available. The Authority may use funds in the Reserve Fund to
				alleviate hardships arising out of reductions in the proportionate amount of
				Fund Distributions that would otherwise result in reductions in the amount of
				Rental Assistance for existing Tenants.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart B - DISTRIBUTION OF FUNDS › Section 380.203 - Long-Term Operating Support (LTOS) Program

Current through Register Vol. 48, No. 28, July 12, 2024
Each Agency shall establish a competitive Application process
				  for providing long-term operating support to Projects providing Units newly
				  available to Extremely Low-Income Households and Severely Low-Income Households
				  within its jurisdiction. Each Agency shall administer the funds for its LTOS
				  Program in a manner consistent with criteria established in Subpart F, but
				  Municipalities may include additional preferences and requirements set forth in
				  writing in the Municipality's Application form, as long as those preferences
				  and requirements are consistent with applicable federal, State and local
				  law.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart B - DISTRIBUTION OF FUNDS › Section 380.204 - Rural Area Set-Aside

Current through Register Vol. 48, No. 28, July 12, 2024
The Authority may award up to 20% of the Fund Distribution
				  for Rural Areas to a single LAA, to be used for Rental Assistance within a
				  designed portion of the Rural Area within which localities desire to support a
				  number of Units too small to justify the establishment of a Rental Assistance
				  program for such localities, as determined by the LAA and approved by the
				  Authority. With the approval of the Authority, the designated LAA under the
				  Rural Area set-aside may subcontract administrative tasks, such as inspection
				  of Units, to local agencies. The Authority may award more than 20% of the Fund
				  Distribution for Rural Areas to a single Coordinating Local Administering
				  Agency that provides technical and administrative assistance to localities that
				  do not possess the capacity to administer an Allocation, as determined by the
				  Coordinating Local Administering Agency and approved by the
				  Authority.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 380 - RENTAL HOUSING SUPPORT PROGRAM › Subpart B - DISTRIBUTION OF FUNDS › Section 380.205 - Reserve Fund

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Each Agency shall establish a Reserve Fund in an interest-bearing account from
				the Annual Receipts or Fund Distribution, as applicable, to offset decreases in
				funding caused by periodic fluctuation in Annual Receipts, to maintain
				continuity in funding when Commitments expire, and to phase out Rental
				Assistance lost by a shift in any Geographic Area's proportionate Fund
				Distribution as a result of a new decennial census. Municipalities may delegate
				the responsibility to establish a Reserve Fund to their designated
				LAAs.
b) The amount to fund the
				Reserve Fund for the Authority shall be a maximum of 5% of the amount of each
				year's Annual Receipts after subtracting the Authority's administrative fee and
				the Fund Distributions to Municipalities. The amount of each Municipality's
				Reserve Fund shall be a maximum of 5% of the Municipality's Fund Distribution.
				Each Reserve Fund shall also include income derived from investing funds in the
				Reserve Fund and funds received from LAAs that did not use the entire amount of
				their Allocations.