Section 390.103  Definitions

As used in this Part, the following words or terms mean:

"Act":  Residential Real Property Disclosure Act [765 ILCS 77].

"Agency" or "Agencies":  HUD-certified housing counseling agencies selected for participation in the Program.

"Appropriation":  The annual Appropriation of funds to the Illinois Department of Revenue for the Authority by the Illinois General Assembly for the Program.

"Authority":  The Illinois Housing Development Authority.

"Application":  The application for a grant completed by an Agency.

"Commitment":  A contract executed by the Authority and an Agency under which the Authority agrees to provide funding to the Agency under the Program.  Each Commitment shall contain a provision to the effect that the Authority shall not be obligated to provide funds under the Commitment if the Authority has not received sufficient funds from an Appropriation.

"Department":  The Illinois Department of Financial and Professional Regulation.

"File Review":  The interview performed by the Agency pursuant to Section 70 of the Act.

"Grant":  A portion of the Appropriation distributed to an Agency to administer the Program.

"HUD-certified Counseling" or "Counseling":  In-person counseling provided by a counselor employed by a HUD-certified housing counseling agency to all borrowers, or documented telephone counseling when a hardship would be imposed on one or more borrowers. A hardship shall exist in instances in which the borrower is confined to his or her home due to medical conditions, as verified in writing by a physician, or the borrower resides 50 miles or more from the nearest participating HUD-certified housing counseling agency. In instances of telephone counseling, the borrower must supply all necessary documents to the counselor at least 72 hours prior to the scheduled telephone counseling session.

"Initial Distribution":  The first portion of the Grant distributed to an Agency as a lump sum.

"Maintenance Distribution":  The second portion of the Grant distributed to an Agency quarterly.

"Members":  The members of the Authority.

"Pilot Program":  The predatory lending database pilot program established by PA 94-280, effective January 1, 2006, and as expanded by PA 96-856, effective July 1, 2010.

"Program": The Predatory Lending Database Grant Program administered by the Department of Financial and Professional Regulation.

(Source:  Amended at 34 Ill. Reg. 15850, effective September 28, 2010)