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)