AUTHORITY: This rulemaking implements Title II, Subtitle A, of the Americans With Disabilities Act of 1990 (42 U.S.C. 12131-12134), and the regulations promulgated thereunder (28 CFR 35.107), and is authorized by Section 7.19 of the Illinois Housing Development Act (Ill. Rev. Stat. 1991, ch. 67 1/2, par. 307.19).

SOURCE: Adopted at 17 Ill. Reg. 6507, effective April 8, 1993.

SUBPART A: GENERAL RULES

 

Section 700.101  Authority

 

This Part is authorized and made pursuant to the Americans With Disabilities Act of 1990 (42 U.S.C. 12131-12134) ("ADA"), the regulations promulgated thereunder (28 CFR 35.107) (the "Regulations") and Section 7.19 of the Illinois Housing Development Act (Ill. Rev. Stat. 1991, ch. 67 1/2, par. 307.19).

 

Section 700.102  Purposes

 

This Part establishes a grievance procedure pursuant to the ADA and specifically the Regulations, which require that such a procedure be established to resolve grievances asserted by qualified individuals with disabilities. The ADA requires that each program and activity offered by the Illinois Housing Development Authority (the "Authority") be readily accessible to and usable by qualified individuals with disabilities. It is the intent of the Authority to foster open communication with all individuals requesting access to the programs and activities of the Authority.

 

Section 700.103  Definitions

 

            "Authority":  The Illinois Housing Development Authority.

 

            "Complainant":  An individual with a disability who files a Grievance on the form provided by the Authority in accordance with this Part.

 

            "Designated Coordinator":  The person appointed by the Authority to coordinate the Authority's efforts to comply with and carry out its responsibilities under Title II of the ADA, including investigation of grievances filed by complainants.  The Designated Coordinator for the Authority can be reached at 401 N. Michigan Avenue, Suite 900, Chicago, Illinois 60611 or by telephone at (312)836-5200.

 

            "Disability":  With respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such impairment; or being regarded as having such an impairment.

 

            "Grievance":  Any formal complaint under the ADA by an individual with a disability who meets the essential eligibility requirements for participation in or receipt of the benefits of a program or activity offered by the Authority, and who believes he or she has been excluded from participation in or denied the benefits of any program or activity of the Authority, or has been subject to discrimination by the Authority on the basis of his or her disability.

 

            "Grievance Form":  The form on which a Grievance must be submitted to the Authority.

 

            "Grievance Procedure":  The procedure established by this Part.

SUBPART B: PROCEDURES

 

Section 700.201  General Procedures

 

a)         Submission.  Complainants shall submit Grievances in accordance with the procedures established in Section 700.202 and 700.203 of this Part, in the form and manner described and within specified time limits. The time limits for this Grievance Procedure shall be measured in calendar days, unless otherwise explicitly stated, and may be extended by mutual agreement in writing by the Complainant and the reviewer at the Designated Coordinator and the Final Levels.

 

b)         A Complainant's failure to submit a Grievance, or to submit or appeal it to the next level of procedure, within the specified time limits, shall mean that the Complainant has withdrawn the Grievance or has accepted the last response given in the Grievance Procedure as the Authority's final response.

 

c)         The Authority shall, upon being informed of an individual's desire to file a Grievance, instruct the individual how to receive a copy of this Grievance Procedure and the Grievance Form.

 

Section 700.202  Designated Coordinator Level

 

a)         If an individual desires to file a Grievance, the individual shall promptly, but no later than 180 days after the alleged act of discrimination, submit the Grievance to the Designated Coordinator on the Grievance Form prescribed for that purpose.  To receive proper consideration by the Designated Coordinator, the Grievance Form shall be completed in full.  The completed form shall include:  

 

1)         the Complainant's name and, if applicable, address and telephone number;

 

2)         the best means and time for contacting the Complainant;

 

3)         the program or activity which was denied to the Complainant or in which alleged discrimination occurred;

 

4)         the date and nature of the alleged denial or discrimination;

 

5)         the signature of the Complainant.

 

b)         Upon request, the Authority shall provide assistance in completing the Grievance Form.

 

c)         The Designated Coordinator or his designated representative shall investigate the Grievance and shall make reasonable efforts to resolve it.  The Designated Coordinator shall provide a written response to the Complainant and to the Director of the Authority within ten (10) business days after receipt of the Grievance Form.

 

Section 700.203  Final Level

 

a)         If the Grievance is not resolved to the satisfaction of the Complainant at the Designated Coordinator Level, the Complainant may submit a copy of the Grievance Form and Designated Coordinator's response to the Director of the Authority for final review.  The Complainant shall submit these documents to the Director, or his or her designee, together with a short written statement explaining the reason(s) for dissatisfaction with the Designated Coordinator's written response, within five (5) business days after receipt by the Complainant of the Designated Coordinator's response.

 

b)         The Complainant shall be afforded an opportunity to appear before the Director, or a representative designated by the Director. The Complainant shall have a right to appoint a representative to appear on his or her behalf, provided that the Complainant notifies the Director or the Director's representatives, as applicable, two (2) business days in advance of the hearing that the Complainant has appointed such a representative.  The Director or his or her representative shall review the Designated Coordinator's response and may conduct interviews and seek advice as may be appropriate.

 

c)         The Director shall approve, disapprove or modify the recommendation of the Designated Coordinator, shall render a decision thereon in writing within thirty (30) days, shall state the basis therefor, and shall cause a copy of the decision to be served on the parties.  The Director's decision shall be final. If the Director disapproves or modifies the Designated Coordinator's recommendations, the Director shall include written reasons for such disapproval or modification.

 

d)         The Grievance Form, the Designated Coordinator's response, the statement of the reasons for dissatisfaction, and the decision of the Director shall be maintained in accordance with the State Records Act (Ill. Rev. Stat. 1991, ch. 116, par. 43.3 et seq.) or as otherwise required by law.

 

Section 700.204  Accessibility

 

The Authority shall ensure that, at all stages, the Grievance Procedure is readily accessible to and usable by individuals with disabilities.