TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.101 AUTHORITY
Section 380.101 Authority
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.
 | TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.102 PURPOSE AND OBJECTIVES
Section 380.102 Purpose and Objectives
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.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.103 DEFINITIONS
Section 380.103 Definitions
The following terms used in this Part shall have the
following definitions:
"Act": The Illinois Housing Development Act [20 ILCS 3805].
"Agency": The Illinois Housing Development Authority or a Municipality.
"Allocation": An award
of funds from the RHS Program to an LAA or a Developer.
"Annual Adjustment
Factor": The figure published annually by HUD to determine rent increases
for purposes of Section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437).
"Annual Income": All
amounts, monetary or not, received or anticipated to be received, from a source
outside the Household, by or on behalf of the head, spouse or co-head of the Household,
or any other Household member over the age of 18, during the 12-month period
following admission or the date of the most recent recertification of the Household
income. There is no asset limitation for participation in the RHS Program.
However, the definition of annual income includes net income from assets. The
determination of Annual Income shall be made as provided in the HUD regulations
governing section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437)
and 24 CFR 5.609(b) and (c) (2021), provided that imputed income (as described
in 24 CFR 5.609(b)(3)) from the Household's assets shall not be included.
Examples of and instructions for applying these requirements shall be included
in the applicable Agency's Program Guide.
"Annual Receipts" means
revenue derived from the RHS Program State surcharge from July 1 through June
30 on deposit in the Rental Housing Support Program Fund that is appropriated
each year for distribution by the Authority for the RHS Program.
"Applicant": An entity or
an individual (as a Developer) making an Application for an Allocation.
"Application": The Application
form and attachments that an Applicant must submit when applying for an Allocation
under the RHS Program.
"Authority":
The Illinois Housing Development Authority.
"Commitment": A
contract executed by an Agency and an LAA or a Developer under which the Agency
agrees to provide an Allocation. Each Commitment shall contain a provision to
the effect that the Agency shall not be obligated to provide funds under the Commitment
if the Agency has not received adequate funds from the Annual Receipts or a Fund
Distribution, as applicable.
"Coordinating Local
Administering Agency": A local administering agency that provides
technical and administrative assistance to localities that do not possess the
capacity to administer an Allocation.
"Developer": The owner
of a Project that has applied for or has been approved for an Allocation under
the LTOS Program.
"Extremely Low-Income Household":
A Household whose Annual Income is less than or equal to 30% of the Median Income.
"Fiscal Year": The fiscal
year of the State.
"Fund Distribution": A
distribution of funds from the Annual Receipts for a Fiscal Year to a Geographic
Area.
"Geographic Areas": The
City of Chicago, Suburban Areas, Small Metropolitan Areas, and Rural Areas.
"Household": A single
person, family or unrelated persons living together.
"Housing Quality Standards":
HUD Section 8 inspection standards for Units established by 24 CFR 982.401
(2021).
"HUD": The U.S. Department of Housing and Urban Development.
"Income Range": A range
of Annual Incomes set forth in Section 380.305 that is used to determine the Tenant
Contribution for Tenants.
"Landlord": An owner of
one or more Units receiving or approved to receive Rental Assistance through an
LAA. An LAA or subsidiary of an LAA may be a Landlord; provided, however, that
the LAA must disclose its intention to be a Landlord, or appoint a subsidiary
to be a Landlord, in its Application.
"LAA": A local
administering agency meeting the eligibility requirements set forth in Section
380.402 and designated by an Agency that receives an Allocation to provide Rental
Assistance.
"LTOS Program": The
long-term operating support program established under the RHS Program, to be
used exclusively to provide long-term operating support to Developers of Projects
that provide Units newly available to Extremely Low-Income Households and
Severely Low-Income Households.
"Maximum Rent": The
maximum rent for a Unit, which shall be the greater of:
the Maximum Rent established under
the federal Low Income Housing Tax Credit Program for a Unit rented by a Tenant
with an Annual Income less than or equal to 60% of the Median Income; or
120% of HUD's
fair market rent for the area in which the Unit is located.
"Median Income": The Median
Income of the area in which the Unit is located, adjusted for family size, as the
adjusted income and Median Income for the area are determined from time to time
by HUD for purposes of Section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437).
"Members": The members
of the Authority.
"Municipality": A
municipality with a population greater than 2,000,000.
"Municipality Program Guide":
The guidelines published by a Municipality for Allocations made by the Municipality.
Each Municipality Program Guide shall explain the RHS Program and provide
additional information about various RHS Program requirements.
"Permanent Supportive Housing":
A Project with a preference or restriction for people who need supportive
services to access and maintain affordable housing; are experiencing, or are at
risk of, homelessness; are living with disabilities; or are experiencing, or are
at risk of, institutionalization. The housing should be permanent (not
time-limited, not transitional), affordable (typically rent-subsidized or
otherwise targeted to an extremely-low-income Tenant who makes 30% of the Median
Income or below), and independent (Tenant holds the lease with normal rights
and responsibilities). Services should be flexible (responsive to Tenants'
needs and desires), voluntary (participation in supportive services is not a
condition of tenancy), and sustainable (the focus of services is on maintaining
housing stability and good health).
"Plan for Services": The
plan through which each prospective LAA will provide information to Tenants on
how to gain access to education, training, and other supportive services and
that sets forth the procedures for identifying and referring prospective Tenants
to Landlords. LAAs designated by a Municipality shall prepare a Plan for
Services and, if a Municipality does not designate an LAA, the Municipality
shall prepare a Plan for Services.
"Program Guide": The
guidelines published by the Authority explaining the RHS Program and providing
additional information about various RHS Program requirements.
"Project": A building
or group of buildings that are financed under a common plan of financing.
"Reconciliation": The
determination of the difference between the amount of Rental Assistance paid to
Landlords or Developers and the amount of Rental Assistance the Landlords or
the Developers were entitled to receive.
"Rental Assistance": The
amount paid to a Landlord or a Developer as a subsidy for a Unit approved for
assistance under the RHS Program.
"Rental Assistance Rider":
The rider to be attached to each Tenant's lease that describes the RHS Program;
requires the Tenant to provide a certification of its Annual Income; notifies
the Tenant that the Tenant must report changes in its Annual Income to the LAA
or Developer, as applicable, when they occur and on each occasion that the
Tenant's lease is to be renewed; and informs the Tenant that increases in Annual
Income may result in an increase in the Tenant Contribution. The Rental Assistance
Rider shall be included in the Program Guide or the Municipality's Program
Guide, as applicable.
"Reserve Fund": The
fund established either by the Authority or by a Municipality directly or through
its LAA to provide a source of funds if the Annual Receipts are not sufficient
to provide adequate funding for existing Commitments.
"RFP": A request for
proposals by an Agency soliciting Applications from LAAs or Developers.
"RHS Program Act": The
Rental Housing Support Program Act [310 ILCS 105].
"RHS Program": The
Rental Housing Support Program authorized by the RHS Program Act.
"Rural Area": All areas
of the State not specifically included in any other Geographic Area.
"Service Area": The
geographic boundaries of the area to be served by an LAA.
"Severely Low-Income Household":
A Household whose Annual Income is less than or equal to 15% of the Median Income.
"Small Metropolitan Areas":
The Geographic Areas that include the municipalities of Bloomington-Normal,
Champaign-Urbana, Decatur, DeKalb, Moline, Pekin, Peoria, Rantoul, Rockford,
Rock Island and Springfield, and the counties of Madison and St. Clair.
"Special Needs
Households": Households that are homeless or imminently at risk of
becoming homeless; that are, or are imminently at risk of, living in
institutional settings because of the unavailability of suitable housing; or
that have one or more members with disabilities, including but not limited to
physical disabilities, developmental disabilities, mental illness or HIV/AIDS.
"Suburban Areas": The Geographic
Areas that include the counties of Cook (excluding Chicago), DuPage, Kane, Lake, McHenry, and Will.
"State": The State of Illinois.
"State Median Income": The
State Median Income published by the U.S. Census Bureau in the most current
decennial census.
"Tenant":
A Household occupying a Unit.
"Tenant Bill of Rights":
Information LAAs and Developers are required to provide to Tenants concerning
how to contact the LAA; local Landlord-Tenant laws and procedures; the housing
rights of persons with disabilities; how to contact the local agency or
agencies administering local Landlord-Tenant laws and procedures or protecting
or promoting these housing rights of persons with disabilities; eligibility
requirements for participating in the RHS Program; and the rights and
responsibilities of prospective Tenants before occupancy of a Unit.
"Tenant Contribution": The
portion of the monthly rent for a Unit to be paid by the Tenant, which shall be
one-twelfth of approximately 30% of the median of the Income Range
in which the Tenant's Annual Income falls, adjusted for Unit size.
"Tenant Income Certification":
The form:
prescribed by the
Authority; and
to be used by Landlords and Developers
in determining and reporting a Tenant's Annual Income to an LAA or an Agency,
as applicable.
"Tenant Selection Plan":
The written plan prepared by a Landlord or a Developer and approved by the LAA
or an Agency, as applicable, that governs the selection of Tenants for a Unit.
"Transitional Contribution":
The Tenant Contribution for Tenants whose income has exceeded the income limit
for Extremely Low-Income Households.
"Unit": A rental
housing Unit receiving Rental Assistance through an Allocation. A Unit may be
a single-family dwelling or a Unit in a multifamily dwelling. Housing Units
intended as transitional or temporary housing do not qualify as Units.
(Source: Amended at 46 Ill. Reg. 12608,
effective July 7, 2022)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.104 COMPLIANCE WITH FEDERAL AND STATE LAW
Section 380.104 Compliance
with Federal and State Law
Notwithstanding anything in this Part to the contrary, this
Part shall be construed in conformity and compliance with applicable federal
and State law.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.105 FORMS AND PROCEDURES FOR THE PROGRAM
Section 380.105 Forms and Procedures for the Program
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.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.106 APPLICATION FEE
Section 380.106 Application Fee
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.
(Source: Amended at 46 Ill. Reg. 12608,
effective July 7, 2022)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.107 PROGRAM OPERATING FEES
Section 380.107 Program Operating Fees
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.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.108 AUTHORITY ADMINISTRATIVE EXPENSES
Section 380.108 Authority Administrative Expenses
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.
(Source: Amended at 46 Ill. Reg. 12608,
effective July 7, 2022)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.109 AMENDMENT
Section 380.109 Amendment
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.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.110 SEVERABILITY
Section 380.110 Severability
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.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.111 GENDER AND NUMBER
Section 380.111 Gender and Number
All terms used in any one gender or number shall be
construed to include any other gender or number as the context may require.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.112 NON-DISCRIMINATION
Section 380.112 Non-Discrimination
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.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.113 TITLES AND CAPTIONS
Section 380.113 Titles and
Captions
Titles and captions of Subparts, Sections,
and subsections are used for convenience and reference and are not a part of
the text.
SUBPART B: DISTRIBUTION OF FUNDS
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.201 DISTRIBUTION OF ANNUAL RECEIPTS
Section 380.201 Distribution of Annual Receipts
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.
c) To
fund the Authority's Reserve Fund, as provided in Section 380.205.
d) After
distributing the amounts listed in subsections (a), (b) and (c), the Authority
shall use at least 10% of the remaining amount of the Annual Receipts for an
LTOS Program, which the Authority shall allocate through a competitive Application
process, as described in Subpart F, for Projects to be located outside the Municipalities.
e) The
balance of the Annual Receipts shall be distributed to Suburban Areas, Small Metropolitan
Areas and Rural Areas.
(Source:
Amended at 46 Ill. Reg. 12608, effective July 7, 2022)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.202 FUND DISTRIBUTIONS TO GEOGRAPHIC AREAS
Section 380.202 Fund Distributions to Geographic Areas
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.
(Source:
Amended at 46 Ill. Reg. 12608, effective July 7, 2022)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.203 LONG-TERM OPERATING SUPPORT (LTOS) PROGRAM
Section 380.203 Long-Term Operating Support (LTOS)
Program
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.
(Source: Amended at 46 Ill. Reg. 12608,
effective July 7, 2022)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.204 RURAL AREA SET-ASIDE
Section 380.204 Rural Area Set-Aside
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.
(Source: Amended at 46 Ill. Reg. 12608,
effective July 7, 2022)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.205 RESERVE FUND
Section 380.205 Reserve Fund
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.
(Source:
Amended at 46 Ill. Reg. 12608, effective July 7, 2022)
SUBPART C: GENERAL REQUIREMENTS
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.301 TENANT ELIGIBILITY; REQUIRED PERCENTAGE OF SEVERELY LOW-INCOME TENANTS
Section 380.301 Tenant Eligibility; Required Percentage
of Severely Low-Income Tenants
Eligible Tenants shall be either Extremely Low-Income
Households or Severely Low-Income Households; provided, however, that a Household
that is already receiving or will receive Rental Assistance under a federal
program shall not be eligible to be a Tenant. At least 50% of the Units for
which an LAA or a Developer receives Rental Assistance shall be reserved for
Severely Low-Income Households unless the LAA or the Developer is able to
demonstrate that there are an insufficient number of Severely Low-Income
Households currently residing in the Service Area defined in the Application or
the area in which the Project is located, as applicable, who are qualified to
become Tenants. The LAA or the Developer must show that it has made extensive,
but unsuccessful outreach efforts, including contacting non-profit corporations
serving the homeless, disabled, and senior citizens in the Service Area or the
area in which the Project is located; contacting public housing authorities
with jurisdiction in the Service Area or the area in which the Project is
located; and otherwise publicizing the availability of these Units at
appropriate locations within and surrounding the Service Area or the area in
which the Project is located, such as through advertising in local newspapers,
or meetings with community groups. The Applicant must submit this evidence to
the Agency with its Application.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.302 OUTREACH REQUIREMENTS
Section 380.302 Outreach Requirements
The LAA or the Developer must document that it has made
extensive efforts to publicize the availability of Units under the RHS Program,
including contacting non-profit corporations serving the homeless, the disabled
and senior citizens in the Service Area or the area in which the Project is
located; public housing authorities with jurisdiction in the Service Area or
the area in which the Project is located; and otherwise publicizing the
availability of these Units at appropriate locations within and surrounding the
Service Area or the area in which the Project is located, such as by
advertising in local newspapers, or through meetings with community groups.
The Applicant must submit this evidence to the Agency with its Application and
with the report required under Section 380.410.
(Source: Amended at 46 Ill. Reg. 12608,
effective July 7, 2022)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.303 INCOME CERTIFICATIONS
Section 380.303 Income Certifications
Each prospective Tenant must provide an Income Certification
to the Landlord when applying to occupy a Unit and each time thereafter that
the Tenant applies to renew the lease for the Unit.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.304 TRAINING PROGRAMS
Section 380.304 Training Programs
The Authority shall periodically provide training programs
convenient to potential Applicants. The training shall include a program
overview, a description of the requirements for both an LAA and a Developer,
and a thorough review of the Program Guide and, if applicable, the RFP
process. The Authority shall provide reasonable notice of all training
programs on its website and by any other means the Authority deems appropriate.
(Source: Amended at 46 Ill. Reg. 12608,
effective July 7, 2022)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.305 TENANT RENT CONTRIBUTION
Section 380.305 Tenant Rent Contribution
The LAA or Developer must annually establish for each Unit
the amount of the Tenant Contribution. Each Tenant's Tenant Contribution shall
be a fixed amount and must be based on the size of the Unit and the Tenant's Income
Range as set forth in this Section. A Tenant's Tenant Contribution may
increase when the Tenant's lease is renewed, if the Tenant's Annual Income
increases, or the Authority's Income Range changes.
Monthly Tenant Contribution By Bedroom Type:
Annual Income Range: 0 br. 1
br. 2 br. 3 br. 4 br. 5 br.
|
$0
|
$0
|
$0
|
$0
|
$0
|
$0
|
$0
|
|
$1-$4,999
|
$26
|
$29
|
$31
|
$33
|
$35
|
$36
|
|
$5,000 − $9,999
|
$104
|
$117
|
$125
|
$133
|
$142
|
$146
|
|
$10,000 − $14,999
|
$208
|
$233
|
$250
|
$267
|
$283
|
$292
|
|
$15,000 − $19,999
|
$313
|
$350
|
$375
|
$400
|
$425
|
$438
|
|
$20,000 − $24,000
|
$417
|
$467
|
$500
|
$533
|
$567
|
$583
|
|
$25,000 − $29,999
|
$521
|
$583
|
$625
|
$667
|
$708
|
$729
|
|
$30,000 − $35,000
|
$625
|
$700
|
$750
|
$800
|
$850
|
$875
|
Tenants reporting no income will
not make a Tenant Contribution for a period of 12 months from the date of
income loss. After this period ends, Tenants will begin paying a minimum
Tenant Contribution based on the unit size in the $1-$4,999 Income Range.
(Source: Amended at 46 Ill. Reg. 12608,
effective July 7, 2022)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.306 AMOUNT OF RENTAL ASSISTANCE, RENT, AND MAXIMUM RENT
Section 380.306 Amount of Rental Assistance, Rent, and
Maximum Rent
a) The
amount of the Rental Assistance for each Unit shall be the difference between
the amount of the rent for the Unit and the Tenant Contribution. The amount of
Rental Assistance for the Unit shall be established by the LAA and the Landlord,
or the Agency and the Developer, as applicable.
b) Rents
for a Unit must be comparable to those of similar size and condition in the
market area in which the Unit is located with similar amenities. These
comparable rents must be consistent with rent levels provided in the Application.
c) Rents
shall not exceed Maximum Rents established for the area, as determined annually
by the Authority, unless the rents throughout the local community are at such
levels that, if the Maximum Rent is used, it is highly unlikely that there will
be Units available for inclusion in the RHS Program. If an LAA requests an
increase in rents to a level greater that the Maximum Rent, the LAA must
document these circumstances to the satisfaction of the applicable Agency
before the Agency will approve the request.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.307 RENT INCREASES
Section 380.307 Rent Increases
Upon request from an LAA or a Developer, Agencies may allow
an annual increase in the rent for Units, not to exceed the existing rent
multiplied by the most recent Annual Adjustment Factor, except as otherwise
permitted by Section 380.306(c). Rent increases shall be subject to the
availability of funds in Annual Receipts. In making this determination, the Agency
shall review comparable rents in the market area, operating expenses of the building
in which the Unit is located, and any other information the Agency deems
relevant. Any rent increase shall not increase the Tenant Contribution. If
approved, rent increases shall take effect either at the time the lease for the
Unit is renewed or, if a lease is not renewed, in the first month Rental Assistance
is subsequently provided for a new Tenant for the Unit.
(Source: Amended at 46 Ill. Reg. 12608,
effective July 7, 2022)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.308 OVER-INCOME TENANTS
Section 380.308 Over-Income Tenants
Upon receipt of a Tenant Income Certification, the Landlord,
with the direction and supervision of the LAA, shall verify the Annual Income
of each Tenant prior to the renewal of the Tenant's lease. If the Annual Income
of a Tenant exceeds 35% of the Median Income because of an increase in the Tenant's
Annual Income, Rental Assistance shall be terminated no later than 12 months
after the date of that increase. If the increase occurs during the term of an
existing lease, the Tenant shall be required to report the increase to the
Landlord and the existing lease shall be extended for the period of time
necessary to allow the Tenant the full 12 months of Rental Assistance. The Transitional
Contribution during this period shall be the Tenant's Tenant Contribution prior
to such increase, plus one-half of the difference between the Tenant Contribution
and the current rent for the Unit. If a Tenant's Annual Income initially is
within the Severely Low-Income Household limit, and increases above that limit,
but is still within the Extremely Low-Income Household limit, the LAA shall
take all reasonable efforts to ensure that an additional Unit is reserved for a
Severely Low-Income Household, if necessary to comply with Section 380.301.
(Source: Amended at 46 Ill. Reg. 12608,
effective July 7, 2022)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.309 APPEALS
Section 380.309 Appeals
a) All
disputes between Landlord and Tenant or prospective Tenant concerning Annual
Income or other eligibility requirements shall be initially resolved by the LAA
providing Rental Assistance to the Landlord.
b) If
the LAA is unable to resolve the dispute, any of the parties involved may take
an appeal to the applicable Agency. In the event of an appeal, all parties
shall submit a written statement of their position and all relevant
documentation to the applicable Agency. The Agency shall make a final decision
based on the documentation submitted.
c) For
LTOS Programs, all disputes between a Developer and a Tenant or prospective
Tenant concerning Annual Income or other eligibility requirements shall be
resolved by the funding Agency, based on written statements of positions and
submission of relevant documentation by the Developer and the Tenant.
(Source:
Amended at 46 Ill. Reg. 12608, effective July 7, 2022)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.310 RENTAL PREFERENCES FOR TENANTS WITH SPECIAL NEEDS
Section 380.310 Rental Preferences for Tenants with
Special Needs
An LAA or a Developer may include in its Application a
pledge to use its best efforts to make Units under its Allocation available to
Special Needs Households. Notwithstanding the fact that an LAA or a Developer
has included such a pledge in its Application, LAAs must require Landlords to
rent, and Developers must rent, available Units to the first eligible Tenant,
regardless of whether the prospective Tenant is a Special Needs Household. An
LAA, a Landlord or a Developer shall not require a Tenant to have a diagnosis
of a particular illness or the presence of a specific disability as a condition
of eligibility for a Unit unless that diagnosis or disability is required by
another funding source for the Unit or the Project.
(Source: Amended at 46 Ill. Reg. 12608,
effective July 7, 2022)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.311 TENANT BILL OF RIGHTS
Section 380.311 Tenant Bill of Rights
Each LAA must provide each Landlord that is to receive Rental
Assistance payments with a Tenant Bill of Rights, and shall require each Landlord
to provide each Tenant with the Tenant Bill of Rights. Each Developer must
provide all Tenants in its Project with a Tenant Bill of Rights.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.312 TENANT SELECTION PLAN
Section 380.312 Tenant Selection Plan
Landlords and Developers must submit to the funding LAA or Agency,
as applicable, a Tenant Selection Plan acceptable to the LAA or Agency. All
Tenant Selection Plans shall be made available to the general public for
inspection.
SUBPART D: ALLOCATIONS TO LOCAL ADMINISTERING AGENCIES
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.401 REQUEST FOR PROPOSALS
Section 380.401 Request for Proposals
From time to time, the Authority shall issue an RFP for Applications
from prospective LAAs. The RFP shall include a copy of the Program Guide and
an Application form. The period for submitting a response to the initial RFP
shall be at least nine months. For each subsequent RFP, the Authority shall
allow a minimum of three months to submit a response to the RFP. Each Municipality
shall designate an LAA that meets the requirements of this Part relating to LAAs;
however, Municipalities are not required to issue RFPs for selecting an LAA. Municipalities
may designate an LAA according to procedures set forth in the Municipality
Program Guide.
(Source: Amended at 46 Ill. Reg. 12608,
effective July 7, 2022)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.402 ELIGIBILITY
Section 380.402 Eligibility
LAAs may be local governmental bodies, including Municipalities,
counties, and townships in unincorporated areas of the State; local housing
authorities organized under the Illinois Housing Authorities Act [310 ILCS 10];
or non-profit organizations registered and in good standing with the Illinois
Secretary of State and the Illinois Attorney General.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.403 APPLICATION REQUIREMENTS
Section 380.403 Application Requirements
Each Application to be an LAA shall include the information
required by this Section and, in the case of the Authority, any additional
information the Authority may require to promote efficient program administration
and quality of performance, provided that those requirements are included in
the Authority's RFP and are consistent with this Section.
a) Unit
Types: Each Application shall include, but not be limited to, two, three, and
four-bedroom Units among those Units proposed for Rental Assistance. Each Applicant
shall determine and document the need for and availability of two, three, and
four-bedroom Units in its proposed Service Area. The Authority may adjust the
number of these larger Units if the information in the Application indicates a
greater or lesser need for specific Unit types. All LAAs must make a good
faith effort to comply with the final determination of the number of two-,
three-, and four-bedroom Units to receive Rental Assistance in the Service Area.
b) Maximum
Number of Units:
1) For
buildings containing more than 10 Units, the number of Units proposed to
receive Rental Assistance from the RHS Program shall not exceed 50% of the Units
in the building. For buildings containing 10 Units or fewer, there shall be no
restriction on the number of Units proposed to receive Rental Assistance from the
RHS Program.
2) For
buildings containing 20 or more Permanent Supportive Housing Units, the number
of Units proposed to receive Rental Assistance for RHS shall be 100% of the
Units in the building.
c) Rents:
Each Application shall include a schedule of rents for the proposed Units, the
proposed Tenant Contribution, and a fair market analysis. To meet the requirements
of the fair market analysis, LAAs shall include a sampling of rents at several
properties throughout the service area. Proposed schedules of rents should be
comparable to rents provided in the fair market analysis.
d) Required
Outreach: As provided in Section 380.302, each Applicant must demonstrate that
it has made extensive efforts to establish working relationships with
organizations serving populations in need of Rental Assistance, including,
without limitation, local non-profit organizations and other entities serving
the homeless, disabled, and senior citizens in the Service Area; public housing
authorities with jurisdiction in the Service Area; and other organizations
within the Service Area having experience in working with Extremely Low-Income
Households and Severely Low-Income Households.
e) Each
Applicant must include in its Application a plan for selecting Landlords to
participate in the RHS Program.
f) Preference
in Making Allocations: Applications that pledge to make efforts to offer
proposed Units to Special Needs Households, including persons now or imminently
at risk of being required to live in institutional settings due to
unavailability of suitable housing, shall receive the highest priority for an Allocation.
Applications seeking this preference shall include executed written agreements
with special needs service providers to refer eligible Households and a pledge
to create and maintain procedures for referring the Special Needs Households.
Applications shall not include a requirement that a Unit must be occupied by a Tenant
having a diagnosis of a particular illness or the presence of a specific
disability as a prerequisite for eligibility.
g) Plan
for Services: Each applicant shall provide its Plan for Services, which shall
include a plan for advertising and making available information about the RHS
Program to Landlords in its Service Area, a plan for providing information to Tenants
on how to gain access to education, training, and other supportive services,
and procedures for advertising available Units, and for identifying and
referring prospective Tenants to Landlords for those Units.
h) Financial
Procedures: Each Application shall describe in detail the procedures for
managing and disbursing the funds to be received through the requested Allocation
and for making Reconciliations.
i) Monitoring
Landlords: Each LAA shall describe in detail how it proposes to monitor the
performance of Landlords, including, at a minimum, the LAA's procedures for
conducting physical inspections of Units, how the LAA will monitor and assist
with the Landlord's procedures for verifying the Annual Income of Tenants and
the Landlord's adherence to its Tenant Selection Plan.
j) Readiness
to Proceed: The Authority may give preference to Applicants who demonstrate a
readiness to proceed, should they receive an Allocation. Readiness to proceed
may be shown by a list of Households that have been pre-qualified to be Tenants,
letters of intent from Landlords who own rental Units, or other factors,
provided that the other factors are listed in the RFP. Letters of intent
should include a certification from the Landlord that the Landlord is the owner
of the rental Unit; the address of, the proposed rent for, and the number of
bedrooms in, the Unit; a statement as to whether the Unit is accessible to
disabled individuals or is adaptable so that it can be made accessible to
disabled individuals; a statement that the Landlord will make the Unit available
to eligible Households when funding is made available under the RHS Program;
the signature of the owner; an executed acknowledgment by an authorized
signatory of the Applicant; and other information as the Authority may require
in the RFP.
(Source:
Amended at 46 Ill. Reg. 12608, effective July 7, 2022)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.404 SERVICE AREA FOR MULTIPLE GEOGRAPHIC AREAS
Section 380.404 Service Area for Multiple Geographic
Areas
If an Applicant designates a Service Area that includes
areas in more than one Geographic Area, the Applicant must submit a separate Application
for that portion of the proposed Service Area in each Geographic Area;
provided, however, that for such Applications, if the Authority charges an Application
Fee, the Authority may charge only one Application fee.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.405 QUALIFICATION REQUIREMENTS
Section 380.405 Qualification Requirements
a) Applicants
to be an LAA must be financially viable, as determined through the Agency's review
of the Applicant's audited financial statements for the two most recent years.
If the Applicant is an entity formed as a non-profit corporation wholly-owned
or controlled by another entity solely for the purpose of applying for and
administering Rental Assistance programs, audited financial statements of the
parent company shall be submitted to satisfy this requirement.
b) Applicants
must demonstrate that they have the experience and knowledge necessary to
administer an Allocation by documenting: their experience in verifying Tenant income
eligibility and other aspects of administering Rental Assistance programs;
their existing relationships with local Landlords; their capability to evaluate
properties to determine whether the properties satisfy Housing Quality Standards;
their ability to monitor procedures of Landlords in satisfying RHS Program
requirements; their experience and performance in administering grants or other
funds from outside sources; the extent and nature of their established
relationships with service providers serving the homeless, disabled, or senior
citizens in the Applicant's proposed Service Area; and any other factors
established by the Authority and published in the RFP.
c) Applicants
may form partnerships with more experienced entities in order to satisfy the
requirements of this Section. In such a case, all partners shall execute, and
will be jointly responsible for compliance with, the terms of the Commitment.
d) This Section shall not
apply to Municipalities.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.406 ADMINISTRATION OF ALLOCATIONS
Section 380.406 Administration of Allocations
a) Commitment:
Each LAA shall enter into a Commitment with the Agency that is providing its Allocation.
The Allocation may be less than the amount requested in the Application. The
term of Commitments may be one, two or three years, subject to the availability
of funds from Annual Receipts or a Fund Distribution, and may be renewed.
b) Record
Retention: Each LAA shall maintain records in connection with all Units receiving
Rental Assistance under the LAA's Commitment for five years after the date of
termination of the Commitment.
c) Agency
Monitoring: Each Agency shall have the right to monitor all records of LAAs
relating to the administration of the Allocation granted by the Agency. Each Agency
may perform its own physical inspection of Units in addition to the physical
inspections that the LAA is required to perform. Each LAA shall make all
records relating to its Commitment available for inspection by the funding Agency
upon the Agency's request. The required documentation may include a copy of
the LAA's response to the RFP, if applicable; all physical inspection records;
occupancy records for all Units; a description of all outreach efforts made by
the LAA; records of payments or Rental Assistance to Landlords and Reconciliation
payments made to the Agency; copies of contracts with Landlords, the Agency and,
where applicable, sub-contractors; documentation of the LAA's administrative
expenses; and any other documentation required by the Agency.
d) Tenant
Income Certifications: Each LAA shall obtain, maintain, and forward to the Agency
copies of annual Tenant Income Certifications for all Tenants benefiting from Rental
Assistance from the LAA.
e) Landlord
Procedures: Each LAA shall be responsible for monitoring the Landlord's compliance
with its Tenant Selection Plan and the Landlord's performance under any
agreement between the LAA and the Landlord.
(Source:
Amended at 46 Ill. Reg. 12608, effective July 7, 2022)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.407 INSPECTION REQUIREMENTS
Section 380.407 Inspection Requirements
Before releasing Rental Assistance funds for a Unit, the LAA
or its agent shall inspect the Unit and the common areas and grounds of the
building in which the Unit is located, and shall certify that the Unit and the
common areas and grounds of the building comply with Housing Quality Standards.
LAAs shall also inspect all Units, together with the common areas and grounds
of the Unit's building, at least bi-annually. In other years, LAAs shall
inspect a sampling of Units to visually observe the physical condition of the
Units, including appliances, doors, locks, smoke detectors, and other health
and safety items. In other years, if a Landlord receives Rental Assistance for
fewer than three Units, the LAA shall perform a visual inspection of all Units;
but if a Landlord is receiving Rental Assistance for three or more Units, the
LAA may inspect a sample of these Units in each building in which the Units are
located, but no fewer than three Units in each building. An Agency may decide
to conduct inspections of Units itself, in the manner set forth in this Section.
If an LAA or an Agency determines that one or more Units do not satisfy the
Housing Quality Standards, it shall give the Landlord of the Unit or Units a
period not to exceed 30 days in which to correct the deficiencies discovered in
the inspection. However, if the deficiency is in an occupied Unit and poses a
serious threat to the health and safety of the Tenant, the deficiency must be
corrected within 72 hours.
a) Examples
of conditions that are considered to pose a serious threat to the health and
safety of the Tenant include, but are not limited to, the following:
1) detection
of propane, natural gas or methane gas;
2) exposed
electrical wires or open electrical panels;
3) water
leaks on or near electrical equipment;
4) blocked
emergency or fire exits;
5) unusable
fire escapes;
6) blocked
egress or ladders;
7) any
carbon monoxide hazard connected with, but not limited to, gas or oil-fired
units and missing or misaligned chimneys; and
8) any
other conditions the Agency finds to be a
health or safety threat.
b) If
the deficiency is not corrected within the 72-hour period, or the 30-day period
if the LAA determines that the deficiencies are serious enough to merit
relocation, the LAA shall use its best efforts to find a replacement Unit for
the Tenant. If a replacement Unit is found, the lease for the deficient Unit
shall be terminated and the Tenant shall be relocated to the replacement Unit
and shall enter into a new lease.
(Source: Amended at 46 Ill. Reg. 12608,
effective July 7, 2022)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.408 SELECTION OF LANDLORDS
Section 380.408 Selection of Landlords
a) An
LAA shall select Landlords to participate in the RHS Program in accordance with
its plan for selecting Landlords.
b) An
LAA may select as a Landlord a fully- or partially-owned subsidiary of the LAA only
if it provides for an independent third party acceptable to the Authority to
perform the inspection of Units required under Section 380.407, at its own cost.
If the LAA acts as a Landlord, it must supply to the Authority the
certifications required by Sections 380.501, 380.502 and 380.504.
(Source:
Amended at 46 Ill. Reg. 12608, effective July 7, 2022)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.409 CONTRACTS WITH LANDLORDS
Section 380.409 Contracts with Landlords
LAAs shall enter into a payment contract with each Landlord for
all Units for which the Landlord has been approved to receive Rental Housing
Assistance. The contract shall provide that the LAA will make quarterly Rental
Assistance payments to Landlords in advance. The contract shall identify the Landlord
and LAA; have a term not less than one year and not greater than three years;
identify the Units to receive Rental Assistance by address and Unit type; set
forth the rent to be charged for each Unit, which shall not be greater than the
Maximum Rent unless otherwise approved by the Authority pursuant to Section 380.306(c);
and require that the Landlord abide by the requirements of the RHS Program.
The contract shall also provide that the Landlord is responsible for
determining the family size, obtaining Tenant Income Certifications, and
reporting this information to the LAA. The Landlord, with the direction and
supervision of the LAA, shall verify the Tenant's income and assets. The
Landlord shall not reveal any information in connection with the prospective
Tenant's Annual Income except to the LAA, the applicable Agency or as otherwise
required by law.
(Source: Amended at 46 Ill. Reg. 12608,
effective July 7, 2022)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.410 REPORTING REQUIREMENTS
Section 380.410 Reporting Requirements
a) At
the end of each quarter of the term of its Commitment, each LAA shall prepare
and provide to its Landlords a certification form that contains the following
information:
1) a
list of all Units that are receiving Rental Assistance;
2) the date of payment of
Rental Assistance;
3) the amount of Rental
Assistance;
4) the months
for which Rental Assistance was paid; and
5) such other information
as the Agency may require.
b) The
Landlord shall sign and return the certification form to the LAA within the
number of days specified in the form. If a Landlord disputes any of the
information contained in the certification form, the Landlord shall set forth
in writing the details of the information that it believes is erroneous and
return the form to the LAA within the time specified in the form. If a dispute
between the Landlord and the LAA cannot be resolved, the LAA shall provide
notice to the Agency and the Agency will contact the LAA and the Landlord for
an explanation of the dispute. Each party shall provide documentation to
justify their argument. The Agency will review the documentation and notify
both parties of its determination.
c) Once
a Landlord has signed and returned the certification form, the LAA shall
forward the certification form to the Agency.
(Source: Amended at 46 Ill. Reg. 12608,
effective July 7, 2022)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.411 RECONCILIATIONS
Section 380.411 Reconciliations
Each LAA shall perform a Reconciliation every quarter during
the term of its Commitment and, if the Reconciliation indicates that the LAA
has received funds exceeding of the amount required for Rental Assistance payments,
the LAA shall return all excess funds to its funding Agency within 30 days.
However, an LAA created by a Municipality must use the excess funds to provide
Rental Assistance for additional Units. The funding Agency may reduce the
amount of subsequent quarterly payments to the LAA under the Commitment to
offset Reconciliation amounts owing to, but not forwarded to, the Agency.
(Source: Amended at 46 Ill. Reg. 12608,
effective July 7, 2022)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.412 FUNDING OF ALLOCATIONS
Section 380.412 Funding of Allocations
During the term of each Commitment with an LAA, the Agencies
shall provide funds to LAAs in quarterly installments. An Agency shall
increase the amount of an LAA's Allocation if the Agency has approved an annual
rent increase for occupied Units, provided that the rent for each Unit,
including the Rental Assistance, does not exceed the Maximum Rent for each Unit
and funding is available from the Annual Receipts.
(Source: Amended at 46 Ill. Reg. 12608,
effective July 7, 2022)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.413 REVOCATION/NON-RENEWAL OF COMMITMENTS
Section 380.413 Revocation/Non-Renewal of Commitments
a) LAAs
may apply for a renewal of their Commitments, which shall be granted at the
discretion of the applicable Agency, subject to the restrictions set forth in
this Section. Agencies shall review the performance of each LAA at the end of
the LAA's Commitment term. Agencies shall only renew the Commitments of those
LAAs that have satisfactorily performed their obligations under their Commitments,
as determined by the Agency. The performance review shall include, without
limitation, the LAA's compliance with requirements for Tenant eligibility, Tenant
Contribution, and rent charged for the Units; the number of two-, three-, and
four-bedroom Units included among the Units receiving Rental Assistance; the
adequacy, frequency, and sufficiency of inspections of Units; the proper and
timely submission of quarterly landlord certifications and Reconciliations; the
LAA's compliance with its Plan for Services and its outreach plan, including outreach
activities conducted by the LAA within and around the LAA's Service Area; the
LAA's compliance with its selection plan for Landlords; the implementation of
the LAA's pledge to offer Rental Assistance for Units for Special Needs Households,
if applicable; the LAA's responsiveness in addressing concerns about the LAA's
performance under its Commitment; and proper documentation of the LAA's operating
expenses and other program requirements.
b) If an
LAA does not wish to renew its Commitment or the Agency does not renew the Commitment
of an LAA, the Agency shall seek another LAA to provide Rental Assistance for Units
receiving Rental Assistance under the un-renewed Commitment. The Agency may
offer a temporary Commitment to an LAA working in the same Service Area, and if
the substitute LAA's performance is satisfactory, may extend the temporary Commitment
for a period not to exceed three years. If the Agency is unable to find a
replacement LAA, the Agency shall give 90 days' notice to the Tenants and Landlords
of its intention to terminate Rental Assistance for the Units, and shall
reallocate the Rental Assistance funds for these Units.
c) If an
LAA does not perform in accordance with the provisions of its Commitment with
an Agency, as determined upon review by the Agency, the Agency may revoke the
Commitment before its expiration. In determining whether a Developer has
adequately performed under its Commitment, the Agency shall review the
performance factors outlined in subsection (a).
d) Before
the revocation/non-renewal, the Agency shall inform the LAA in writing of the
reasons for the revocation/non-renewal. The written notification of revocation/non-renewal
shall also indicate that the LAA will have 30 days to submit a written appeal
to the Agency. The LAA's appeal shall be addressed to the Agency and shall
include a written statement of the LAA's position, including, without
limitation, responses to any allegations of poor performance, along with all
relevant supporting documentation. The Agency will review and make a final
decision as to the revocation/non-renewal of the Commitment within 30 days
after receiving the written appeal. Commitments not renewed due to lack of
funding are not subject to appeal.
e) If
the Agency decides to revoke or not renew a Commitment, a final Reconciliation
shall be performed and any amount due to the Agency by the LAA shall be paid
within 10 days. If the LAA fails to pay that amount to the Agency, the Agency may
exercise any remedies available to it at law or in equity to recover that
amount from the LAA.
(Source:
Amended at 46 Ill. Reg. 12608, effective July 7, 2022)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.414 LEASES
Section 380.414 Leases
Landlords shall enter into a written lease with each Tenant
that shall have a term of no less than 12 months and that shall contain a Rental
Assistance Rider. The LAA shall review each lease and certify to the
applicable Agency that the leases do not violate any provision of State or
local law or this Part. The lease shall indicate which party is responsible
for paying the utilities. Landlords shall provide each Tenant and the LAA with
a copy of the lease.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.415 REQUIREMENTS FOR LAAS DESIGNATED BY MUNICIPALITIES
Section 380.415 Requirements for LAAs Designated by
Municipalities
LAAs designated by Municipalities must comply with Sections 380.301,
380.303, 380.305, 380.306, 380.307, 380.308, 380.309, 380.310, 380.311,
380.401, 380.406, 380.407, 380.408, 380.409, 380.410 and 380.414 and Subpart F
of this Part and the RHS Program Act.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.416 REPORTING REQUIREMENTS FOR MUNICIPALITIES
Section 380.416 Reporting Requirements for
Municipalities
Within 120 days after the close of each Fiscal Year, each
Municipality shall provide a report to the Authority documenting the use of
funds from its Fund Disbursement. The report shall include a list of all Units
receiving the benefits of Rental Housing Assistance, the addresses of the
Units, the number of bedrooms in each Unit, the income level of the Tenants in
each Unit, the outreach efforts made by the Municipality or its designated LAA
in connection with Special Needs Households, the compliance of the Municipality
or its designated LAA in connection with Special Needs Households, the
compliance of the Municipality or its designated LAA with the Plan for Services
of the Municipality of its designated LAA and such other information as the
Authority may require to ascertain the effectiveness of the operation of the
RHS Program.
SUBPART E: LANDLORD RESPONSIBILITIES
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.501 INCOME ELIGIBILITY AND VERIFICATION
Section 380.501 Income Eligibility and Verification
Upon receipt of a Tenant Income Certification, the Landlord,
with the direction and supervision of the LAA, shall verify the Annual Income of
each prospective Tenant before occupancy of a Unit and then before lease
renewal, using the Tenant Income Certification form prescribed by the Agency. All
Household income and assets shall be verified following this Part.
(Source: Amended at 46 Ill. Reg. 12608,
effective July 7, 2022)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.502 RECORD SUBMISSION AND RETENTION
Section 380.502 Record Submission and Retention
a) Landlords
shall maintain monthly records of the Tenant Contribution and Rental Assistance
payments received for each Unit, including Unit vacancies. Landlords shall
submit copies of these records to the LAA at least quarterly unless the
contract between the Landlord and the LAA requires more frequent submittals. Landlords
shall also submit the quarterly certification forms described in Section
380.410.
b) Copies
of all records described in this Section shall be retained by Landlords for the
term of the lease plus three years from the date of termination of the lease.
(Source:
Amended at 46 Ill. Reg. 12608, effective July 7, 2022)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.503 LEAD-BASED PAINT
Section 380.503 Lead-Based Paint
All Units eligible for Rental Assistance payments must be
free of lead-based paint hazards. For Units in buildings constructed prior to January
1, 1978, Landlords must certify to the LAA and the Agency that they have
visually inspected the Unit for lead-based paint hazards and, if such hazards
have been found, have performed remediation, abatement, or encapsulation, in
conformance with federal and State law. For buildings constructed on or after January
1, 1978, Landlords shall certify, using the form prescribed by the Agency to
the LAA, that the buildings or Units contain no lead-based paint.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.504 HOUSING QUALITY STANDARDS
Section 380.504 Housing Quality Standards
Landlords must maintain each Unit in compliance with the
Housing Quality Standards.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.505 COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAW
Section 380.505
Compliance with Federal, State and Local Law
Landlords must certify to the LAA, in the form provided by
the Agency, that the lease for each Unit receiving Rental Assistance does not
violate federal, State or local law or this Part.
(Source: Amended at 46 Ill. Reg. 12608,
effective July 7, 2022)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.506 EVICTION
Section 380.506
Eviction
Landlords shall have the right to evict Tenants from Units for
good cause, as permitted under State and local law.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.507 RECONCILIATIONS
Section 380.507 Reconciliations
Landlords shall make Reconciliations to their funding LAAs quarterly.
(Source: Amended at 46 Ill. Reg. 12608,
effective July 7, 2022)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.508 PROPERTY INSURANCE
Section
380.508 Property Insurance
Landlords shall
maintain the required State minimum level of property insurance for all
buildings that contain a Unit receiving Rental Assistance.
(Source: Added at 46 Ill. Reg. 12608,
effective July 7, 2022)
SUBPART F: LONG-TERM OPERATING SUPPORT (LTOS) PROGRAM REQUIREMENTS
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.601 ALLOCATIONS
Section 380.601 Allocations
Agencies shall reserve at least 10% of each year's Annual
Receipts or Fund Distribution, as applicable, for LTOS Allocations. Agencies
are not required to spend those funds in the year reserved, but may combine
these funds with the reserved amounts from past or subsequent years. A Municipality
may delegate its responsibilities as an agency under this Subpart F to
establish and administer an LTOS Program to its designated LAA.
(Source: Amended at 46 Ill. Reg. 12608,
effective July 7, 2022)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.602 ALLOCATIONS ONLY FOR NEW UNITS
Section 380.602 Allocations Only for New Units
Grants under an LTOS Program will only be available for Projects
involving housing Units newly created for Extremely Low-Income Households or
Severely Low-Income Households.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.603 APPLICATION PROCEDURES
Section 380.603 Application Procedures
a) From
time to time, Agencies shall accept Applications from prospective Developers for
funding under the LTOS Program in a manner described in the Program Guide or
the Municipality Program Guide, as applicable.
b) The
Authority shall prescribe forms and consider Applications for funding under the
LTOS Program for Units to be located outside the Municipalities. Municipalities
shall prescribe forms and consider Applications for funding under the LTOS Program
for Units to be located within the Municipalities. All Applications must
satisfy the applicable requirements of this Part.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.604 DEVELOPER QUALIFICATIONS
Section 380.604 Developer Qualifications
To be eligible to receive
funding under an LTOS Program, a Developer must be financially viable, as
determined by the applicable Agency at the time of its Application. In making
this determination, the applicable Agency shall review, among other things, the
Developer's audited financial statements for the most recent year or, if it
does not have an audited financial statement, its federal income tax return for
the most recent year. Developers must also demonstrate to the satisfaction of
the Agency experience in or capacity for the operation and management of
affordable housing developments, including housing developments that serve
Extremely Low-Income Households and Severely Low-Income Households.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.605 APPLICATION REQUIREMENTS
Section 380.605 Application
Requirements
a) Applicants shall specify the number of Units for which they
are requesting an Allocation. For Projects containing more than 25 Units, the
number of Units proposed to receive Rental Assistance shall not exceed 30% of
the Units in the Project. For Projects containing 25 Units or fewer, there
shall be no restriction on the number of Units proposed to receive Rental
Assistance. For Projects containing more than 25 Permanent Supportive Housing
Units, the number of Units proposed to receive Rental Assistance shall be 100%
of the Units in the Project.
b) Developers shall specify in their Applications how vacancies
in Units will be advertised and shall include in their Application provisions
for outreach to local homeless shelters, organizations that work with Special
Needs Households, and others interested in affordable housing.
(Source: Amended at 46 Ill. Reg. 12608, effective July 7, 2022)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.606 AGENCY REVIEW
Section 380.606 Agency Review
The Agency shall review each complete Application and
approve or reject it. The Agency's review of an Application may include, but
is not limited to, the following criteria:
a) the
availability of funds under the RHS Program that have been reserved for the
LTOS Program;
b) the
increase of the geographic diversity of Projects funded under the LTOS Program;
c) the level of local government and community support for the
proposed Project;
d) the
suitability of the Project site;
e) cost
per Unit of the Project, including soft costs (non-construction costs);
f) the
need for funding for the Project;
g) the affordability of the Units to Extremely Low-Income
Households and Severely Low-Income Households;
h) the
amount of LTOS Program funds requested;
i) the
number of Units to be available for Special Needs Households;
j) the proposed term of the Allocation, which shall not exceed 30
years from the date of completion, construction or rehabilitation;
k) the
site and market study for the Project; and
l) the
Developer's Plan for Services.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.607 WAIVER
Section 380.607 Waiver
An Agency may waive any LTOS Program requirements only when
special circumstances exist and in furtherance of the purpose of the LTOS
Program to increase the supply of affordable rental housing, as permitted by
the RHS Program Act.
(Source: Amended at 46 Ill. Reg. 12608,
effective July 7, 2022)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.608 COMMITMENTS
Section 380.608 Commitments
a) Upon
the approval of a Project under the LTOS Program, the Agency shall enter into a
Commitment with the Developer. The term of the Commitment may be for a maximum
of 15 years, provided, however, that Agencies may provide long-term financing to
Developers for a period not to exceed 30 years. The Commitment shall also be
subject to the Agency's annual review of the Developer's performance under the Commitment
and may be revoked in the event of clearly unsatisfactory performance. Except
in the case of long-term financing, the Commitment shall contain a provision
that continued funding of the Allocation shall be conditioned on receipt of
sufficient Annual Receipts for the RHS Program.
b) Except
in the case of long-term financing, during the term of each Commitment the Agency
shall provide regular funding for Units in the Project, but not more frequently
than in quarterly installments each year.
c) Except
in the case of long-term financing, the Agency shall provide increased funding
if the Agency has approved an annual rent increase for occupied Units in
accordance with Section 380.307, provided that the rent for each Unit,
including the funds for Rental Assistance, does not exceed the Maximum Rent for
each Unit, except as provided in Section 308.306(c), and funding is available
from the Annual Receipts.
d) The
Developer will be required to enter into a regulatory agreement with the
applicable Agency pursuant to which, among other requirements, it will agree to
rent a set number of Units to Households who meet the income qualifications for
the RHS Program.
(Source:
Amended at 46 Ill. Reg. 12608, effective July 7, 2022)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.609 INCOME ELIGIBILITY AND VERIFICATION
Section
380.609 Income Eligibility and Verification
Developers shall verify the Annual Income of each
prospective Tenant prior to occupancy of a Unit and thereafter prior to lease
renewal, using the Tenant Income Certification form prescribed by the Agency. Developers
shall verify all Household income and assets, as required in this Part and the Program
Guide or the Municipality Program Guide, as applicable. Developers shall
maintain records in connection with all Units receiving Rental Assistance under
their Commitments for five years after the date of termination of the Commitment.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.610 OVER-INCOME TENANTS
Section 380.610 Over-Income Tenants
a) Developers
must verify the Annual Income of each Tenant before the renewal of the Tenant's
lease. If the Annual Income of a Tenant exceeds 35% of the Median Income
because of an increase in the Tenant's Annual Income, Rental Assistance shall
be terminated no later than 12 months after the date of that increase. If the increase
occurs during the term of an existing lease, the Tenant shall be required to
report the increase to the Developer and the existing lease shall be extended
for the period of time necessary to allow the Tenant the full 12 months of
Rental Assistance. The Transitional Contribution during this period shall be
the Tenant's Tenant Contribution before that increase, plus one-half of the
difference between the Tenant Contribution and the current rent for the Unit.
b) If a
Tenant's Annual Income initially is within the Severely Low-Income Household
limit, and increases above that limit but is still within the Extremely
Low-Income Household limit, the Developer shall take all reasonable efforts to
ensure that an additional Unit is reserved for a Severely Low-Income Household,
if necessary to comply with Section 380.301.
(Source:
Amended at 46 Ill. Reg. 12608, effective July 7, 2022)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.611 LEASES
Section 380.611 Leases
Developers must enter into a written lease with each Tenant having
a term of no less than 12 months. The lease shall contain a Rental Assistance
Rider. The lease shall indicate which party is responsible for paying the
utilities. Developers shall provide each Tenant and the funding Agency with a
copy of the lease.
(Source: Amended at 46 Ill. Reg. 12608,
effective July 7, 2022)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.612 EVICTIONS
Section 380.612 Evictions
Developers shall have the right to evict Tenants from Units
for good cause, as permitted under State and local law.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.613 HOUSING QUALITY STANDARDS
Section 380.613 Housing
Quality Standards
a) Before the initial occupancy of a Project, the applicable Agency
shall inspect the Project to determine whether the Project satisfies the Housing
Quality Standards. If the Project does not satisfy the Housing Quality
Standards, the Agency shall not provide an Allocation for the Project until all
deficiencies have been removed to the satisfaction of the Agency.
b) During the period in which the Developer is receiving funding
under the LTOS Program or, in the case of long-term financing, during the term
of that long-term financing, the Project must continue to meet the Housing
Quality Standards. Agencies shall make annual inspections of the Units in each
Project, as provided in Section 380.407.
c) If an
Agency determines that one or more Units do not satisfy the Housing Quality
Standards, it shall give the Developer a period not to exceed 30 days in which
to correct the deficiencies discovered in the inspection. However, if the
deficiency is in an occupied Unit and poses a serious threat to the health and
safety of the Tenant, the deficiency must be corrected within 72 hours. Examples
of conditions that are considered to pose a serious threat to the health and
safety of the Tenant include, but are not limited to, the following:
1) detection
of propane, natural gas or methane gas;
2) exposed
electrical wires or open electrical panels;
3) water
leaks on or near electrical equipment;
4) blocked
emergency or fire exits;
5) unusable
fire escapes;
6) blocked
egress or ladders;
7) any
carbon monoxide hazard connected with, but not limited to, gas or oil-fired
units or missing or misaligned chimneys; and
8) any
other conditions the Agency finds to be a health or safety threat.
d) If
the deficiency is not corrected within the 72-hour period, or the 30-day period
if the Developer determines that the deficiencies are serious enough to merit
relocation, the Developer shall use its best efforts to find a replacement Unit
for the Tenant. If a replacement Unit is found, the lease for the deficient
Unit shall be terminated and the Tenant shall be relocated to the replacement
Unit and shall enter into a new lease.
(Source:
Amended at 46 Ill. Reg. 12608, effective July 7, 2022)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.614 LEAD-BASED PAINT
Section 380.614
Lead-Based Paint
All Projects involving rehabilitation must be free of
lead-based paint hazards. For all buildings constructed prior to January
1, 1978, Developers shall certify to the Agency that they have visually
inspected the building for lead-based paint hazards and, if such hazards have
been found, have performed remediation, abatement, or encapsulation, in
conformance with federal and State law. For buildings constructed on or after January
1, 1978, Developers shall certify, using the form prescribed by the Agency,
that the building contains no lead-based paint.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.615 RECONCILIATIONS
Section 380.615 Reconciliations
Each Developer shall, every quarter during the term of its Commitment,
perform a Reconciliation and, if the Reconciliation indicates that the Developer
has received funds exceeding the amount required for Rental Assistance payments,
the Developer shall return all excess funds to its funding Agency within 30
days. The funding Agency may reduce the amount of subsequent quarterly
payments to the Developer under the Commitment to offset Reconciliation amounts
owing to, but not forwarded to, the Agency.
(Source: Amended at 46 Ill. Reg. 12608,
effective July 7, 2022)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.616 REPORTING REQUIREMENTS
Section 380.616 Reporting Requirements
Each Developer shall provide reports to its funding Agency,
on forms provided by the Agency, at the end of each quarter of the term of its Commitment.
The report shall identify each Unit that is receiving Rental Assistance and
shall state the amount of Rental Assistance received from the Agency for each Unit;
the Tenant Contribution for each Unit; any vacancies, including the rent of
each vacant Unit; and any other information required by the Agency. The Developer
shall provide all new and updated Tenant Income Certifications along with its
report.
(Source: Amended at 46 Ill. Reg. 12608,
effective July 7, 2022)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.617 PROPERTY INSURANCE
Section
380.617 Property Insurance
Developers
shall maintain the recognized State minimum level of property insurance for all
buildings that contain a Unit receiving Rental Assistance.
(Source: Former Section 380.617
renumbered to Section 380.618; new Section 380.617 added at 46 Ill. Reg. 12608,
effective July 7, 2022)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.618 AGENCY MONITORING
Section 380.618 Agency Monitoring
Each Agency shall have the right to monitor all records of Developers
relating to the administration of Allocations granted by the Agency. Every
developer must make all records relating to its Commitment available for
inspection by the funding Agency upon the Agency's request. The records for
review may include, without limitation, a copy of the Developer's response to
the RFP, if applicable; all physical inspection records; occupancy records for
all Units; a description of all outreach efforts; Reconciliation payments to
the Agency; and any other documentation required by the Agency.
(Source: Former Section 380.617
renumbered to Section 380.619; former Section 380.617 renumbered to Section
380.618 at 46 Ill. Reg. 12608, effective July 7, 2022)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 380
RENTAL HOUSING SUPPORT PROGRAM
SECTION 380.619 REVOCATION/NON-RENEWAL OF COMMITMENTS
Section 380.619 Revocation/Non-Renewal of Commitments
a) If a Developer
does not perform in accordance with the provisions of its Commitment with an Agency,
as determined upon review by the Agency, the Agency shall revoke the Commitment
before its expiration, or determine not to renew the Commitment. In
determining whether a Developer has adequately performed under its Commitment,
the Agency may review, without limitation, the Developer's compliance with
Authority requirements for Tenant eligibility, Tenant Contribution, and rent
charged for the Units; the compliance of the Project with the Housing Quality Standards;
responsiveness to the Agency, including, without limitation, all
reporting requirements; the Developer's compliance with the Project's Tenant
Selection Plan; and outreach activities conducted by the Developer within and
surrounding the area in which the Project is located, where applicable. In the
case of long-term financing, if the Developer does not perform in accordance
with the requirements of the regulatory agreement with the Agency required
under Section 380.608(d), the Agency shall have the right to recapture all or
part of the Rental Assistance for the Project if the Developer is unable to
correct any material violations of the regulatory agreement within a reasonable
period of time.
b) Prior
to the revocation or non-renewal, the Agency shall inform the Developer in
writing of the reasons for the revocation/non-renewal. The written notification
of revocation/non-renewal shall also indicate that the Developer will have 30
days to submit a written appeal to the Agency. The Developer's appeal shall be
addressed to the Agency and shall include a written statement of the
Developer's position, including, without limitation, responses to any
allegations of poor performance, along with all relevant supporting
documentation. The Agency shall review and make a final decision as to the
revocation/non-renewal of the Commitment within 30 days after receiving the
written appeal.
c) If
the Agency decides to revoke or not renew a Commitment, a final Reconciliation
shall be performed and any amount due to the Agency by the Developer shall be
paid within 10 days. If the Developer fails to pay that amount to the Agency,
the Agency shall have the right to exercise any remedies available to it at law
or in equity to recover the amount from the Developer.
(Source: Section 380.619
renumbered from Section 380.618 and amended at 46 Ill. Reg. 12608, effective July
7, 2022)
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