reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 386 - FORECLOSURE PREVENTION PROGRAM GRADUATED FUND › Subpart A - GENERAL RULES › Section 386.101 - Authority

Current through Register Vol. 48, No. 28, July 12, 2024
The Illinois Housing Development Authority is the designated
				  administrator for the Foreclosure Prevention Program Graduated Fund in
				  Illinois, which was established by Section 7.30(b-1) of the Illinois Housing
				  Development Act, effective October 1, 2010.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 386 - FORECLOSURE PREVENTION PROGRAM GRADUATED FUND › Subpart A - GENERAL RULES › Section 386.102 - Purpose and Objectives

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of the Program is to use moneys appropriated from
				  the Foreclosure Prevention Program Graduated Fund, and any other funds
				  appropriated for this purpose, to support housing counseling. Under the
				  Program, the Authority will make grants to the Counseling Agencies for Eligible
				  Uses.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 386 - FORECLOSURE PREVENTION PROGRAM GRADUATED FUND › Subpart A - GENERAL RULES › Section 386.104 - 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 386 - FORECLOSURE PREVENTION PROGRAM GRADUATED FUND › Subpart A - GENERAL RULES › Section 386.105 - Forms and Procedures for the Program

Current through Register Vol. 48, No. 28, July 12, 2024
The Authority may prepare, use, prescribe, supplement and
				  amend such forms, agreements and other documents and procedures as may be
				  necessary to implement the Program.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 386 - FORECLOSURE PREVENTION PROGRAM GRADUATED FUND › Subpart A - GENERAL RULES › Section 386.107 - Authority Administrative Expenses

Current through Register Vol. 48, No. 28, July 12, 2024
The Authority is entitled to deduct from each Appropriation,
				  prior to any distribution of funds under the Program and prior to making any
				  Grants, an amount not to exceed 4% of each Appropriation for expenses
				  associated with the administration of the Program, including, without
				  limitation, expenses for staff salaries and benefits for time spent on design
				  and administration of the Program; expenses incurred in performing outreach
				  activities and providing Technical Assistance to the Counseling Agencies; the
				  use of the Authority's equipment for Program purposes; the cost of office space
				  and utilities incurred in connection with the Program; and any other expenses
				  incurred in the administration of the Program. The Authority shall maintain a
				  detailed accounting of its administrative expenses, which shall be available to
				  the public for review.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 386 - FORECLOSURE PREVENTION PROGRAM GRADUATED FUND › Subpart A - GENERAL RULES › Section 386.108 - 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, the 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 386 - FORECLOSURE PREVENTION PROGRAM GRADUATED FUND › Subpart A - GENERAL RULES › Section 386.109 - 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 386 - FORECLOSURE PREVENTION PROGRAM GRADUATED FUND › Subpart A - GENERAL RULES › Section 386.110 - 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 386 - FORECLOSURE PREVENTION PROGRAM GRADUATED FUND › Subpart A - GENERAL RULES › Section 386.111 - Non-Discrimination

Current through Register Vol. 48, No. 28, July 12, 2024
The Counseling Agencies 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 386 - FORECLOSURE PREVENTION PROGRAM GRADUATED FUND › Subpart A - GENERAL RULES › Section 386.112 - 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 386 - FORECLOSURE PREVENTION PROGRAM GRADUATED FUND › Subpart B - DISTRIBUTION OF FUNDS BY THE AUTHORITY › Section 386.201 - Priority of Distributions

Current through Register Vol. 48, No. 28, July 12, 2024
The Authority shall distribute funds from annual
				  Appropriations in accordance with the following priorities:
a) To the Authority for its administrative
				expenses.
b) After distributing the
				amount listed in subsection (a), the Authority shall make Grants from the
				moneys remaining in the Fund that have been appropriated as follows:
1)
30% shall be used to make Grants
				for Approved Housing Counseling in Cook County outside of the City of
				Chicago;
2)
25%
				shall be used to make Grants for Approved Housing Counseling in the City of
				Chicago;
3)
30%
				shall be used to make Grants for Approved Housing Counseling in DuPage, Kane,
				Lake, McHenry and Will Counties; and
4)
15%
shall be used
				to make Grants for Approved Housing Counseling in Illinois in counties other
				than Cook, DuPage, Kane, Lake, McHenry and Will Counties, provided that grants
				to provide Approved Housing Counseling to borrowers residing within these
				counties shall be based, to the extent practicable:
A)
proportionately on the amount of
				fees paid to the respective clerks of the courts within these counties;
				and
B)
on any
				other factors that the Authority deems appropriate.
(Section 7.30(b-1)
				of the Act)
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 386 - FORECLOSURE PREVENTION PROGRAM GRADUATED FUND › Subpart C - GRANTS TO COUNSELING AGENCIES › Section 386.301 - Counseling Agencies Eligibility

Current through Register Vol. 48, No. 28, July 12, 2024
The Counseling Agencies are generally eligible to submit an
				  Application for funding if they have been certified as a housing counseling
				  agency by HUD. The Counseling Agencies are eligible for funding if they are
				  certified prior to their application for funding under the Program and
				  committed to participation in the Program. The Counseling Agencies must agree
				  to the terms and conditions of the Program in order to be
				  eligible.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 386 - FORECLOSURE PREVENTION PROGRAM GRADUATED FUND › Subpart C - GRANTS TO COUNSELING AGENCIES › Section 386.302 - Eligible Uses of Grant Funds

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Eligible Uses of Grant funds by the Counseling Agencies under the Program shall
				be:
1) Computer and Equipment
				Expenses;
2) General Operational
				Expenses;
3) Housing
				Counseling;
4) training of a
				Counseling Agency's employees;
5)
				capacity building that increases a Counseling Agency's capacity to provide
				Housing Counseling;
6) Technical
				Assistance; and
7) advertising and
				marketing of the Program, and any other housing counseling activity as may be
				approved by the Authority.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 386 - FORECLOSURE PREVENTION PROGRAM GRADUATED FUND › Subpart C - GRANTS TO COUNSELING AGENCIES › Section 386.303 - Application Cycle

Current through Register Vol. 48, No. 28, July 12, 2024
The Authority will supply interested Applicants with an
				  Application. Application forms under the Program are expected to be released
				  annually based on funding available.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 386 - FORECLOSURE PREVENTION PROGRAM GRADUATED FUND › Subpart C - GRANTS TO COUNSELING AGENCIES › Section 386.304 - Application Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
Each Application shall include the information required by
				  this Section to be completed by the Applicant and any additional information
				  the Authority may require to promote efficient Program administration and
				  quality of performance.
a)
				Qualifications. Each Applicant shall document qualifications to complete the
				Program activities, including evidence that a Counseling Agency is a HUD
				certified housing counseling agency.
b) Counseling Data. Each Applicant shall
				document the statistics in its area relevant to the types of Approved Housing
				Counseling offered (i.e., number of foreclosures filed, increase or decrease in
				homebuying, rental properties available, etc.).
c) Applicant's Capacity. Each Applicant shall
				document its capacity to administer, and prior experience in administering,
				Approved Housing Counseling.
d)
				Capacity Building. Each Applicant shall document how capacity will be expanded
				to meet the need for Housing Counseling in response to subsection
				(b).
e) Activities to be
				Undertaken. Each Applicant shall list which Eligible Uses are to be undertaken
				with Program funds, including without limitation those activities outlined in
				Section
				386.302
				and the rest of this Part.
f) Time
				for Expending. Each Applicant shall include a budget and schedule for
				performing the eligible activities outlined in the Application.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 386 - FORECLOSURE PREVENTION PROGRAM GRADUATED FUND › Subpart C - GRANTS TO COUNSELING AGENCIES › Section 386.305 - Review of Applications

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Application Screening. The Authority shall screen all Applications to confirm
				that all elements of the Application package have been addressed. Applicants
				may be notified of deficiencies in Applications and may, at the option of the
				Authority, be given the opportunity to correct those deficiencies. Completed
				Applications will be reviewed and evaluated by the Authority staff in
				accordance with criteria in subsections (b) through (e).
b) Basic Eligibility Evaluation. Each
				Application will be reviewed to assure compliance with Sections
				386.301
				and
				386.302.
c) Willingness to Perform. The Applicant must
				commit to remain ready, willing and able to perform Approved Housing Counseling
				as applicable throughout the Grant term.
d) Costs. The Applicant must demonstrate that
				the costs identified in the Application are Approved Housing
				Counseling.
e) Capacity. The
				Applicant must demonstrate that the proposed activities identified in the
				Application can be accomplished.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 386 - FORECLOSURE PREVENTION PROGRAM GRADUATED FUND › Subpart C - GRANTS TO COUNSELING AGENCIES › Section 386.306 - Grant Administration

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Commitment. Each Counseling Agency shall enter into a Commitment with the
				Authority; the Grant may be less than the amount requested in the Application.
				The term of Commitment shall be up to one year, subject to the availability of
				funds from an Appropriation, and may be renewed for one additional year at the
				discretion of the Authority.
b)
				Record Retention. Each Counseling Agency shall maintain records in connection
				with the Grant under the Counseling Agency's Commitment for five years after
				the date of termination of the Commitment.
c) Monitoring. The Authority, the Auditor
				General and the Attorney General shall have the right to monitor all Counseling
				Agency books and records relating to the implementation of the Program. Each
				Counseling Agency shall make all records relating to its Grant available for
				inspection, examination and copying by the Authority, the Auditor General or
				the Attorney General upon reasonable prior notice, as the Authority, the
				Auditor General or the Attorney General may reasonably require. The required
				documentation may include, but is in no way limited to, a copy of the
				Counseling Agency's Application to the Authority; all records relating to the
				eligible uses of Grant funds under the Program as set forth in Section
				386.302;
				and any other documentation required by the Authority, the Auditor General or
				the Attorney General.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 386 - FORECLOSURE PREVENTION PROGRAM GRADUATED FUND › Subpart C - GRANTS TO COUNSELING AGENCIES › Section 386.307 - Funding of Grants

Current through Register Vol. 48, No. 28, July 12, 2024
Subject to the terms of the applicable Commitment with a
				  Counseling Agency and the related documents evidencing the Grant, the Authority
				  shall provide funds to the Counseling Agencies when the Appropriation is made
				  available and as set forth in Section
				  386.302.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 386 - FORECLOSURE PREVENTION PROGRAM GRADUATED FUND › Subpart C - GRANTS TO COUNSELING AGENCIES › Section 386.308 - Reporting Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
Each Counseling Agency shall provide reports to the
				  Authority, on forms provided by the Authority, at the end of each quarter of
				  the term of its Commitment. The Counseling Agency shall identify, at a minimum,
				  the number of households that received Approved Housing Counseling; the number
				  of Counseling Agency staff who attended training; the number of new
				  counselors/staff hired to increase a Counseling Agency's capacity; the
				  expenditures incurred for Technical Assistance, Computer and Equipment
				  Expenses, General Operational Expenses, and any other expenses incurred by the
				  Counseling Agency related to the Program.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 390 - PREDATORY LENDING DATABASE PROGRAM › Subpart A - GENERAL RULES › Section 390.101 - Authority

Current through Register Vol. 48, No. 28, July 12, 2024
This Part is established to set forth the standards for the
				  distribution of funds by the Illinois Housing Development Authority under
				  Section 80 of the Residential Real Property Disclosure Act [765 ILCS
				  77/80 ] for the purpose of making Grants to
				  HUD-certified counseling agencies participating in the Predatory Lending
				  Database Program to assist with implementation and development of that Program.
				  The Illinois Housing Development Authority is the designated administrator for
				  the Predatory Lending Database in Illinois, which was established by the
				  Residential Real Property Disclosure Act, effective July 1,
				  2008.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 390 - PREDATORY LENDING DATABASE PROGRAM › Subpart A - GENERAL RULES › Section 390.102 - Purpose and Objectives

Current through Register Vol. 48, No. 28, July 12, 2024
This Part is established to accomplish the purposes of
				  Section 80 of the Residential Real Property Disclosure Act, and in particular
				  the awarding of Predatory Lending Database Grant Program
				  grants.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 390 - PREDATORY LENDING DATABASE PROGRAM › Subpart A - GENERAL RULES › Section 390.103 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
As used in this Part, the following words or terms
				  mean:
"Act": Residential Real Property Disclosure Act [765 ILCS 77
				  ].
"Agency" or "Agencies": HUD-certified housing counseling
				  agencies selected for participation in the Program.
"Appropriation": The annual Appropriation of funds to the
				  Illinois Department of Revenue for the Authority by the Illinois General
				  Assembly for the Program.
"Authority": The Illinois Housing Development
				  Authority.
"Application": The application for a grant completed by an
				  Agency.
"Commitment": A contract executed by the Authority and an
				  Agency under which the Authority agrees to provide funding to the Agency under
				  the Program. Each Commitment shall contain a provision to the effect that the
				  Authority shall not be obligated to provide funds under the Commitment if the
				  Authority has not received sufficient funds from an Appropriation.
"Department": The Illinois Department of Financial and
				  Professional Regulation.
"File Review": The interview performed by the Agency pursuant
				  to Section 70 of the Act.
"Grant": A portion of the Appropriation distributed to an
				  Agency to administer the Program.
"HUD-certified Counseling" or "Counseling": In-person
				  counseling provided by a counselor employed by a HUD-certified housing
				  counseling agency to all borrowers, or documented telephone counseling when a
				  hardship would be imposed on one or more borrowers. A hardship shall exist in
				  instances in which the borrower is confined to his or her home due to medical
				  conditions, as verified in writing by a physician, or the borrower resides 50
				  miles or more from the nearest participating HUD-certified housing counseling
				  agency. In instances of telephone counseling, the borrower must supply all
				  necessary documents to the counselor at least 72 hours prior to the scheduled
				  telephone counseling session.
"Initial Distribution": The first portion of the Grant
				  distributed to an Agency as a lump sum.
"Maintenance Distribution": The second portion of the Grant
				  distributed to an Agency quarterly.
"Members": The members of the Authority.
"Pilot Program": The predatory lending database pilot program
				  established by PA 94-280, effective January 1, 2006, and as expanded by PA
				  96-856, effective July 1, 2010.
"Program": The Predatory Lending Database Grant Program
				  administered by the Department of Financial and Professional
				  Regulation.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 390 - PREDATORY LENDING DATABASE PROGRAM › Subpart A - GENERAL RULES › Section 390.104 - Compliance with Federal 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
				  law.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 390 - PREDATORY LENDING DATABASE PROGRAM › Subpart A - GENERAL RULES › Section 390.105 - Forms and Procedures for the Program

Current through Register Vol. 48, No. 28, July 12, 2024
The Authority may prepare, use, supplement and amend forms,
				  agreements and other documents and procedures as may be necessary to implement
				  the Program, all as may be prescribed by the Authority.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 390 - PREDATORY LENDING DATABASE PROGRAM › Subpart A - GENERAL RULES › Section 390.107 - Authority Administrative Expenses

Current through Register Vol. 48, No. 28, July 12, 2024
The Authority shall be entitled to deduct an amount not to
				  exceed 3% of the Appropriation from each Appropriation for expenses associated
				  with the administration of the Program, including, without limitation, expenses
				  for staff salaries and benefits for time spent on design and administration of
				  the Program; expenses incurred in performing outreach activities and providing
				  technical assistance to Agencies; the use of the Authority's equipment for
				  Program purposes; the cost of office space and utilities incurred in connection
				  with the Program; and any other expenses incurred in the administration of the
				  Program.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 390 - PREDATORY LENDING DATABASE PROGRAM › Subpart A - GENERAL RULES › Section 390.108 - 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 such manner as they may determine consistent
				  with this Part, the Act, including but not limited to Section 80, 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 390 - PREDATORY LENDING DATABASE PROGRAM › Subpart A - GENERAL RULES › Section 390.109 - 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 as to which that judgment is
				  rendered.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 390 - PREDATORY LENDING DATABASE PROGRAM › Subpart A - GENERAL RULES › Section 390.110 - 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 390 - PREDATORY LENDING DATABASE PROGRAM › Subpart A - GENERAL RULES › Section 390.111 - 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 390 - PREDATORY LENDING DATABASE PROGRAM › Subpart B - DISTRIBUTION OF FUNDS › Section 390.201 - Distribution of Appropriated Funds

Current through Register Vol. 48, No. 28, July 12, 2024
The Authority will distribute grants to Agencies providing
				  housing counseling services within the geographic boundaries of Cook County,
				  Kane County, Peoria County, and Will County. Grant awards to Agencies under the
				  Program will be based on the Agency's current capacity, qualifications,
				  proposed geographic service area, experience performing File Reviews under the
				  Pilot Program, when applicable, and other requirements outlined in Section
				  390.304
				  of this Part and the Application. Agencies need not have performed File Reviews
				  prior to application in order to qualify for a Grant.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 390 - PREDATORY LENDING DATABASE PROGRAM › Subpart B - DISTRIBUTION OF FUNDS › Section 390.202 - Staged Distribution

Current through Register Vol. 48, No. 28, July 12, 2024
Each Agency approved by the Authority under the Program will
				  receive a Grant for a term of up to two years. Each Grant will be distributed
				  in two stages. The Initial Distribution will be a lump sum, determined by the
				  Authority in accordance with Section
				  390.201
				  of this Part, to be used to increase the Agency's capacity, as determined by
				  the Authority in conjunction with the Agency. The Maintenance Distribution will
				  be a smaller amount distributed quarterly through the term of the grant, and
				  will be based on the Agency's performance under the grant and continued
				  willingness to perform File Reviews.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 390 - PREDATORY LENDING DATABASE PROGRAM › Subpart C - GRANTS TO HUD-CERTIFIED HOUSING COUNSELING AGENCIES › Section 390.301 - Agency Eligibility

Current through Register Vol. 48, No. 28, July 12, 2024
Agencies are eligible for funding if they have been certified
				  as a housing counseling agency by the U.S. Department of Housing and Urban
				  Development as set forth in the U.S. Department of Housing and Urban
				  Development Housing Counseling Program Handbook 7610.1, Rev-4, (published
				  October 21, 2004, U.S. Department of Housing and Urban Development, 451
				  7th Street, S.W., Washington DC 20410, no subsequent
				  amendments or editions included). Agencies must also have been certified prior
				  to their application for Program funding, commit to participation in the
				  Program and agree to the terms and conditions of the Program in order to be
				  eligible.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 390 - PREDATORY LENDING DATABASE PROGRAM › Subpart C - GRANTS TO HUD-CERTIFIED HOUSING COUNSELING AGENCIES › Section 390.302 - Eligible Grant Activities

Current through Register Vol. 48, No. 28, July 12, 2024
Without limitation, computer and equipment purchases, staff
				  salaries and benefits, office space, utility bills, marketing materials,
				  training, and other activities that support carrying out duties under the
				  Predatory Lending Database Program outlined in Section 80 of the Residential
				  Real Property Disclosure Act are eligible for funding under this
				  Program.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 390 - PREDATORY LENDING DATABASE PROGRAM › Subpart C - GRANTS TO HUD-CERTIFIED HOUSING COUNSELING AGENCIES › Section 390.303 - Application Cycle

Current through Register Vol. 48, No. 28, July 12, 2024
The Authority will supply interested qualified applicants
				  with an Application upon request. Applications under this Program will be
				  accepted periodically until the Appropriation is disbursed as outlined in
				  Section
				  390.202.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 390 - PREDATORY LENDING DATABASE PROGRAM › Subpart C - GRANTS TO HUD-CERTIFIED HOUSING COUNSELING AGENCIES › Section 390.304 - Application Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
Each Application for Program funds shall include the
				  information required by this Section and any additional information the
				  Authority may require to promote efficient program administration and quality
				  of performance, provided that those requirements are included in the
				  Application to be completed by the Agency.
a) Qualifications: Each Applicant shall
				document qualifications to complete the Program activities, including without
				limitation documentation as a HUD-certified housing counseling
				agency.
b) Number of File Reviews:
				If applicable, each Applicant shall determine and document the number of File
				Reviews completed for the Predatory Lending Database prior to Application,
				including any File Reviews performed prior to July 1, 2008.
c) Documentation of Need: Each Applicant
				shall determine the projected need for File Reviews for the fiscal year for
				which grants are requested.
d)
				Capacity: Each Applicant will document how capacity shall be expanded to meet
				the need described in subsection (b) of this Section.
e) Activities to be Undertaken: Each
				Application shall list activities to be undertaken with Program funds,
				including without limitation those activities outlined under this Part and the
				Act.
f) Time for Expending: Each
				Application shall include a budget and timeline schedule for performing the
				activities outlined in the Application.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 390 - PREDATORY LENDING DATABASE PROGRAM › Subpart C - GRANTS TO HUD-CERTIFIED HOUSING COUNSELING AGENCIES › Section 390.305 - Review of Applications

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Application Screening. The Authority shall screen all Applications to determine
				that all elements of the Application package have been addressed. Applicants
				will be notified of deficiencies in Applications and given the opportunity to
				correct those deficiencies. Complete Applications will be reviewed and
				evaluated by Authority staff in accordance with criteria listed in subsections
				(b) through (e) of this Section. This review and evaluation process will be
				completed within 30 working days after the due date for Applications.
b) Basic Eligibility Evaluation. Each
				Application will be reviewed to assure compliance with the Act and this
				Part.
c) Willingness to Perform.
				The Agency must commit to remain ready, willing and able to perform File
				Reviews throughout the period of the Commitment.
d) Costs. The Agency must demonstrate that
				the costs identified in the Application are eligible Program costs under the
				Act and this Part.
e) Program
				Objectives and Methodology. The Applicant must demonstrate that the activities
				undertaken under the Program can be accomplished, in that:
1) activities are measurable and will benefit
				the purposes of the Program as described in the Act and this Part;
				and
2) proposed activities
				logically address the problems or opportunities identified in the
				Application.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 390 - PREDATORY LENDING DATABASE PROGRAM › Subpart C - GRANTS TO HUD-CERTIFIED HOUSING COUNSELING AGENCIES › Section 390.306 - Grant Administration

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Commitment: Each Agency shall enter into a Commitment with the Authority; the
				Grant may be less than the amount requested in the Application. The term of
				Commitments may be up to two years, subject to the availability of funds from
				an Appropriation, and may be renewed if Appropriation is made available and the
				agency performs satisfactorily under the first Grant.
b) Record Retention: Each Agency shall
				maintain records in connection with administration of the Program, including
				all records required by the U.S. Department of Housing and Urban Development as
				part of its continuing compliance with requirements for Agencies. Records shall
				be retained for five years after the date of termination of the
				Commitment.
c) Agency Monitoring:
				The Authority shall have the right to monitor all Agency records relating to
				the administration of the grant by the Authority. Each Agency shall make all
				records relating to its Commitment available for inspection by the Authority
				upon the Authority's request. The required documentation may include a copy of
				the Agency's Application to the Authority; all records relating to training,
				equipment purchases, staff salaries and benefits, and other activities
				undertaken with Program funds; documentation of activities performed under the
				Program; and any other documentation required by the Authority.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 390 - PREDATORY LENDING DATABASE PROGRAM › Subpart C - GRANTS TO HUD-CERTIFIED HOUSING COUNSELING AGENCIES › Section 390.307 - Funding of Grants

Current through Register Vol. 48, No. 28, July 12, 2024
During the term of each Commitment with an Agency, the
				  Authority shall provide funds to Agencies when Appropriation is made available
				  and as outlined in Sections
				  390.202 and
				  390.302.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 390 - PREDATORY LENDING DATABASE PROGRAM › Subpart C - GRANTS TO HUD-CERTIFIED HOUSING COUNSELING AGENCIES › Section 390.308 - Reporting Requirements for Agencies

Current through Register Vol. 48, No. 28, July 12, 2024
Each Agency shall provide reports to the Authority, on forms
				  provided by the Authority, at the end of each quarter of the term of its
				  Commitment. The report shall identify, at a minimum, certification that the
				  Agency was available to complete File Reviews, the number of File Reviews
				  referred and performed, expenditures incurred and amounts expended for each
				  purchase or expense.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 390 - PREDATORY LENDING DATABASE PROGRAM › Subpart C - GRANTS TO HUD-CERTIFIED HOUSING COUNSELING AGENCIES › Section 390.309 - Books and Records

Current through Register Vol. 48, No. 28, July 12, 2024
The books and records of each Agency and each Affordable
				  Housing Project shall be subject to inspection, examination and copying by the
				  Authority and its authorized representatives or agents at such times as the
				  Authority reasonably requires for the purpose of determining whether the Agency
				  is in compliance with the Act and this Part.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 395 - STATE HOUSING APPEALS BOARD › Subpart A - GENERAL RULES › Section 395.101 - Authority

Current through Register Vol. 48, No. 28, July 12, 2024
IHDA is designated as the agency responsible for adopting
				  rules and regulations needed to carry out the Board's responsibilities under
				  the Act. This Part is authorized by Section 60 of the Act and Section 7.19 of
				  the IHDA Act.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 395 - STATE HOUSING APPEALS BOARD › Subpart A - GENERAL RULES › Section 395.102 - Purpose and Objectives

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of the Act and this Part is to carry out the
				  Board's responsibilities under the Act and to provide direction to Local
				  Governments and Affordable Housing Developers.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 395 - STATE HOUSING APPEALS BOARD › Subpart A - GENERAL RULES › Section 395.104 - 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 395 - STATE HOUSING APPEALS BOARD › Subpart A - GENERAL RULES › Section 395.105 - Forms and Procedures for the Program

Current through Register Vol. 48, No. 28, July 12, 2024
IHDA may prepare, use, supplement and amend forms, agreements
				  and other documents and procedures as may be necessary to implement the duties
				  of the Board, all as may be prescribed by IHDA.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 395 - STATE HOUSING APPEALS BOARD › Subpart A - GENERAL RULES › Section 395.106 - Fees and Charges

Current through Register Vol. 48, No. 28, July 12, 2024
The Authority shall not charge the Board any fees or other
				  charges for services it provides to the Board. The Members shall be reimbursed
				  by the State for all reasonable expenses actually and necessarily incurred in
				  the performance of their official duties. In the making of reimbursements to
				  the Members, the State may use funds from the Illinois Affordable Housing Trust
				  Fund, pursuant to the Illinois Affordable Housing Act [ 310 ILCS 65 ], or such
				  other funds as the State may determine.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 395 - STATE HOUSING APPEALS BOARD › Subpart A - GENERAL RULES › Section 395.107 - Amendment

Current through Register Vol. 48, No. 28, July 12, 2024
This Part may be supplemented, amended or repealed by IHDA
				  from time to time and in a manner consistent with the Illinois Administrative
				  Procedure Act [5 ILCS 100 ], this Part, the 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 395 - STATE HOUSING APPEALS BOARD › Subpart A - GENERAL RULES › Section 395.108 - 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 395 - STATE HOUSING APPEALS BOARD › Subpart A - GENERAL RULES › Section 395.109 - 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 395 - STATE HOUSING APPEALS BOARD › Subpart A - GENERAL RULES › Section 395.110 - 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 395 - STATE HOUSING APPEALS BOARD › Subpart B - ORGANIZATION › Section 395.201 - Jurisdiction

Current through Register Vol. 48, No. 28, July 12, 2024
The Board shall have jurisdiction to hear and render
				  decisions regarding appeals filed by Affordable Housing Developers in
				  connection with applications for Affordable Housing Developments when Approving
				  Authorities have either denied the applications or approved the applications
				  with conditions that, in the opinion of the Affordable Housing Developer, may
				  render the Affordable Housing Developments infeasible. In connection with
				  appeals filed by Affordable Housing Developers, the Board shall also have
				  jurisdiction to hear and render decisions affecting the exempt or non-exempt
				  status of Local Governments under the Act.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 395 - STATE HOUSING APPEALS BOARD › Subpart B - ORGANIZATION › Section 395.202 - Organization of the Board

Current through Register Vol. 48, No. 28, July 12, 2024
The duties of the Board are governed by the Act and this
				  Part. The Board shall consist of 7 Members appointed by the Governor.
a) Chairman: A retired Illinois circuit judge
				or retired Illinois appellate judge who is a Member.
b) Vice Chairman: The Board shall annually
				elect from its Members a Vice-Chairman. In the absence of the Chairman or in
				the event of his or her inability or refusal to act, the Vice-Chairman shall
				perform the duties of the Chairman. In the event of the absence of the Chairman
				or the Vice-Chairman from a meeting of the Board, or in the event of their
				inability or refusal to act, the Chairman shall designate some Member to act in
				his or her place and stead, and that designated Member shall have the powers of
				and be subject to all the restrictions upon the Chairman.
c) Other Members: Other Members, who are
				appointed from time to time by the Governor, are as follows:
1) a zoning board of appeals
				member;
2) a planning
				board/commission member;
3) a mayor
				or municipal council or board member;
4) a county board member;
5) an affordable housing developer;
6) an affordable housing advocate.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 395 - STATE HOUSING APPEALS BOARD › Subpart B - ORGANIZATION › Section 395.204 - Conduct of the Board

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Authority: The Board shall have all the powers necessary and appropriate to
				conduct a full, fair and impartial hearing, including, but not limited to, the
				following:
1) to administer oaths and
				affirmations;
2) to rule upon
				offers of proof and receive relevant evidence;
3) to issue subpoenas;
4) to provide for discovery and to determine
				its scope;
5) to regulate the
				course of the hearing and the conduct of the parties and their
				counsel;
6) to consider and rule
				upon procedural requests;
7) to
				require or hold conferences for the settlement or simplification of the
				issues;
8) to examine witnesses,
				direct witnesses to testify, limit the number of times a witness may testify,
				limit repetitive or cumulative testimony, and set reasonable limits on the
				amount of time a witness may testify;
9) to ensure that the hearing is conducted in
				a full, fair and impartial manner, that order is maintained, and that
				unnecessary delay is avoided in the disposition of the hearing;
10) to dismiss appeals in accordance with the
				Act; and
11) to affirm, reverse or
				modify the conditions of or add conditions to a decision of an Approving
				Authority.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 395 - STATE HOUSING APPEALS BOARD › Subpart C - APPEALS TO THE BOARD BY AFFORDABLE HOUSING DEVELOPERS › Section 395.301 - Service of Documents

Current through Register Vol. 48, No. 28, July 12, 2024
All Initial Pleadings and all documents in connection with
				  any hearing before the Board under this Subpart shall be served by the party
				  filing the document on the Board, the Approving Authority, the Affordable
				  Housing Developer and all other parties to the proceedings. Service of any
				  document upon any party may be made personally, by certified or registered mail
				  with return receipt signed by the person or their registered agent, or by
				  private delivery service. If service is made by United States mail, service
				  shall be presumed complete 3 days after mailing, if proof of service shows the
				  document was properly addressed. This presumption may be overcome by the
				  addressee with evidence establishing that the document was not delivered or
				  delivered at a later date. A party's failure to accept or claim a document
				  served by mail shall not be grounds for overcoming the presumption. Proof of
				  service shall be made by affidavit of the person making personal service that
				  includes the name and address of the party served and the date and manner of
				  service, or by a properly executed registered or certified mail
				  receipt.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 395 - STATE HOUSING APPEALS BOARD › Subpart C - APPEALS TO THE BOARD BY AFFORDABLE HOUSING DEVELOPERS › Section 395.302 - Computation of Time

Current through Register Vol. 48, No. 28, July 12, 2024
All petitions, evidence, motions and other written
				  correspondence sent by United States mail to the Board shall be considered
				  filed with the Board as of the postmark date in accordance with the Illinois
				  Statute on Statutes [5
				  ILCS 70/1.25 ]. Petitions, evidence, motions and all
				  other written correspondence sent to the Board by a delivery service other than
				  the United States mail shall be considered as filed with the Board on the date
				  sent as indicated on the tracking label.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 395 - STATE HOUSING APPEALS BOARD › Subpart C - APPEALS TO THE BOARD BY AFFORDABLE HOUSING DEVELOPERS › Section 395.303 - Parties

Current through Register Vol. 48, No. 28, July 12, 2024
a) Substitution of
				the Parties: The Board may, on motion, at any time in the course of any
				proceeding, permit a substitution of parties as justice or convenience may
				require.
b) Intervention: The Board
				may allow any person or persons showing that they may be substantially and
				specifically affected by the proceedings to intervene as a party in the whole
				or in any portion of the proceedings. The Board may allow any other interested
				person to participate by presentation of argument orally or in writing or for
				any other limited purpose, as the Board may order. The Board shall not allow a
				person to intervene if his or her interests are substantially similar to those
				of any party and no showing is made that one or more of the parties will not
				diligently represent those interests. Being a resident, land owner or taxpayer
				of a Local Government, with no other showing of an issue that is not being
				adequately addressed by one of the parties, shall not be sufficient to sustain
				intervention.
Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 395 - STATE HOUSING APPEALS BOARD › Subpart C - APPEALS TO THE BOARD BY AFFORDABLE HOUSING DEVELOPERS › Section 395.304 - Consolidation, Severance and Joinder

Current through Register Vol. 48, No. 28, July 12, 2024
Any person entitled to participate in proceedings subject to
				  the Board's jurisdiction may appear as follows:
a) A natural person may appear on his or her
				own behalf or by an attorney who is licensed and registered to practice in the
				State.
b) A corporation may appear
				through any officer, employee or representative or by an attorney who is
				licensed and registered to practice in the State.
c) Any other person, including Local
				Governments, Approving Authorities, the State and all of its political
				subdivisions, may appear through any officer, employee or representative, or by
				an attorney who is licensed and registered to practice in the State.
1) Attorneys not licensed and registered to
				practice in the State may request to appear on a particular matter by filing a
				motion with the Board.
2) An
				attorney appearing in a representative capacity shall file a separate written
				notice of appearance with the Board, together with proof of service and notice
				of filing on all parties.
3) An
				attorney who has appeared in a representative capacity and who wishes to
				withdraw from that representation shall file a notice of withdrawal with the
				Board, together with proof of service and notice of filing on all
				parties.