Illinois Administrative Code › Title 47 - HOUSING AND COMMUNITY DEVELOPMENT › Part 302 - HOMEOWNER ASSISTANCE FUND PROGRAMS › Subpart A - GENERAL RULES › Section 302.103 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
The following definitions apply to terms used in this
				  Part:
"American Rescue Plan Act": The American Rescue Plan Act of
				  2021,  P.L. 117-2(March 11, 2021).
"Annual Income": The definition established by the U.S.
				  Department of Housing and Urban Development in  24 CFR 5.609.
"Applicant" or "program applicant": Any Homeowner that has
				  submitted an application, individually or jointly, to receive HAF funds.
"Area Median Income": The area median income, adjusted for
				  household size, as established by the U.S. Department of Housing and Urban
				  Development.
"Authority": The Illinois Housing Development
				  Authority.
"Coverage Period": The portion of a HAF program Eligibility
				  Period applicable to an Eligible Homeowner.
"COVID-19": Coronavirus Disease 2019, as referenced in the
				  State Gubernatorial Disaster Proclamations.
"DIA": An area of the State disproportionately impacted,
				  based primarily on positive COVID-19 cases per capita and demographic
				  calculations performed by the Department of Commerce and Economic Opportunity
				  and the Governor's Office of Management and Budget. DIAs are captured via zip
				  code.
"Eligible Homeowner": A Homeowner receiving or approved to
				  receive HAF grant funds through an Eligible Servicer.
"Eligible Servicer": A mortgage lender/servicer,
				  manufactured/mobile home lender/park (lot fees), county treasurer or local
				  taxing authority, condominium/co-op/homeowners' association that is due
				  payments from an Eligible Homeowner.
"Eligibility Period": An Eligible Homeowner may receive up to
				  the Maximum Grant Amount in HAF assistance for a hardship that occurred after
				  January 21, 2020 as a result of COVID-19 and ending on the date that funds are
				  first disbursed (plus an additional three months in prospective monthly
				  payments if necessary to ensure housing stability, subject to the availability
				  of funds and so long as any additional payments do not result in exceeding the
				  Maximum Grant Amount).
"Eligible Uses": As identified in Section 302.202 hereof, and
				  as may be expanded or supplemented in future HAF programs permitted to be
				  established by the Authority.
"HAF Grant": A grant funded by American Rescue Plan Act for
				  Eligible Homeowners.
"HAF": Homeowner Assistance Fund as established by the
				  American Rescue Plan Act.
"Home": A single family attached or detached property, a one
				  to four unit property where the owner is living as their primary residence, a
				  manufactured home permanently affixed to real property and taxed as real
				  estate, a mobile home permanently placed on a lot in a mobile home park/lot, a
				  condominium unit, or a cooperative apartment.
"Homeowner": a natural person (not LLP, LP, LLC or similar
				  structure) or a living trust or other similar ownership structure created for
				  estate planning purposes; so long as the Home is occupied as the natural
				  person's primary residence.
"Housing Stability Service" or "HSS": Case management and
				  other services related to the COVID-19 outbreak, which services do not have to
				  be related to the COVID-19 outbreak, as defined by the Secretary, including
				  those that enable eligible households to maintain or obtain housing. Such
				  services may include, but are not limited to, delinquency, default,
				  foreclosure, post-foreclosure eviction of a homeowner or the loss of utility or
				  home energy services, housing counseling, fair housing counseling, case
				  management related to housing stability, housing related services for survivors
				  of domestic abuse or human trafficking, legal services or attorney's fees
				  related to eviction or foreclosure proceedings and maintaining housing
				  stability, and specialized services for individuals with disabilities or
				  seniors that supports their ability to access or maintain housing, subject to
				  the terms of the agreement executed by the HSS Provider and the
				  Authority.
"HSS Education and Intake":
(a) Conduct regularly scheduled webinars for
				program applicants on next steps after application is submitted; what will
				occur if they are approved; what will occur if they are not eligible; an
				overview of loss mitigation; an overview of the foreclosure process; and
				connection to pro bono legal and mediation resources.
(b) Assist homeowners that may need help with
				the program application virtually, over the phone, or in-person.
(c) Follow up with clients post application
				should they need case management or referral services.
"HSS Equipment": Costs incurred to bolster the organization's
				  mobile and technology network in order to perform the services, i.e. the
				  purchase of computer workstations, laptops, tablets, headsets related to
				  performance of services by the HSS.
"HSS Marketing and Outreach": Perform outreach services and
				  disseminate information about the HAF program throughout the applicant's
				  coverage area.
"HSS Provider": A recipient of funds from the Authority to
				  provide HSS.
"HSS Sub-Award": An award of funds from the Authority to an
				  HSS Provider.
"GATA": The Grant Accountability and Transparency Act [30
				  ILCS 708  ].
"GATU": The Grant Accountability and Transparency Unit within
				  the Illinois Governor's Office of Management and Budget.
"Guidance": Guidance, including, but not limited to,
				  "frequently asked questions" released by the U.S. Department of the Treasury or
				  the Secretary in connection with the American Rescue Plan Act.
"Maximum Grant Amount": Up to $60,000 per Eligible Homeowner
				  household.
"Secretary": The Secretary of the U.S. Department of the
				  Treasury.
"Socially Disadvantaged individuals": individuals are those
				  whose ability to purchase or own a home has been impaired due to diminished
				  access to credit on reasonable terms as compared to others in comparable
				  economic circumstances, based on disparities in homeownership rates in the
				  Authority's jurisdiction as documented by the U.S. Census. The impairment must
				  stem from circumstances beyond their control. Indicators of impairment under
				  this definition may include being a (1) member of a group that has been
				  subjected to racial or ethnic prejudice or cultural bias within American
				  society, (2) resident of a majority-minority Census tract; (3) individual with
				  limited English proficiency; (4) resident of a U.S. territory, Indian
				  reservation, or Hawaiian Home Land, or (5) individual who lives in a
				  persistent-poverty county, meaning any county that has had 20% or more of its
				  population living in poverty over the past 30 years as measured by the three
				  most recent decennial censuses. In addition, an individual may be determined to
				  be a socially disadvantaged individual in accordance with a process developed
				  by the Authority for determining whether a homeowner is a socially
				  disadvantaged individual in accordance with applicable law, which may
				  reasonably rely on self-attestations