(310 ILCS 65/8) (from Ch. 67 1/2, par. 1258)
Sec. 8. Uses of Trust Fund.
(a) Subject to annual appropriation to
the Funding Agent and subject to the prior dedication, allocation, transfer
and use of Trust Fund Moneys as provided in Sections 8(b), 8(c) and 9 of this
Act, the Trust Fund may be used to make grants,
mortgages, or
other loans to acquire, construct, rehabilitate, develop, operate, insure,
and retain affordable single-family and multi-family housing in this State
for low-income
and very low-income households. The majority of monies appropriated to the
Trust Fund in any given year are to be used for affordable housing for very
low-income households. For the fiscal years 2007, 2008, and 2009
only, the Department of Human Services is authorized to receive appropriations and spend moneys from the Illinois Affordable Housing Trust Fund for the purpose of developing and coordinating public and private resources targeted to meet the affordable housing needs of low-income, very low-income, and special needs households in the State of Illinois.
(b) For each fiscal year commencing with fiscal year 1994, the Program
Administrator shall certify from time to time to the Funding Agent, the
Comptroller and the State
Treasurer amounts, up to an aggregate in any fiscal year of $10,000,000, of
Trust Fund Moneys expected to be used or pledged by the Program Administrator
during the fiscal year for the purposes and uses specified in Sections 8(c) and
9 of this Act. Subject to annual appropriation, upon receipt of such
certification, the Funding Agent and the
Comptroller shall dedicate and the State Treasurer shall transfer not less
often than monthly to the Program Administrator or its designated payee,
without requisition or further
request therefor, all amounts accumulated in the Trust Fund within the State
Treasury and not already transferred to the Loan Commitment Account prior to
the Funding Agent's receipt of such certification, until the Program
Administrator has received the aggregate amount certified by the Program
Administrator, to be used solely for the purposes and uses authorized and
provided in Sections 8(c) and 9 of this Act. Neither the Comptroller nor the
Treasurer shall transfer, dedicate or allocate any of the Trust Fund Moneys
transferred or certified for transfer by the Program Administrator as provided
above to any other fund, nor shall the Governor authorize any such transfer,
dedication or allocation, nor shall any of the Trust Fund Moneys so dedicated,
allocated or transferred be used, temporarily or otherwise, for interfund
borrowing, or be otherwise used or appropriated, except as expressly authorized
and provided in Sections 8(c) and 9 of this Act for the purposes and subject to
the priorities, limitations and conditions provided for therein until such
obligations, uses and dedications as therein provided, have been satisfied.
(c) Notwithstanding Section 5(b) of this Act, any Trust Fund Moneys
transferred to the Program Administrator pursuant to Section 8(b) of this Act,
or otherwise obtained, paid to or held by or for the Program Administrator, or
pledged pursuant to resolution of the Program Administrator, for Affordable
Housing Program Trust Fund Bonds or Notes under the Illinois Housing
Development Act, and all proceeds, payments and receipts from investments or
use of such moneys, including any residual or additional funds or moneys
generated or obtained in connection with any of the foregoing, may be held,
pledged, applied or dedicated by the Program Administrator as follows:
(1) as required by the terms of any pledge of or |
| resolution of the Program Administrator authorized under Section 9 of this Act in connection with Affordable Housing Program Trust Fund Bonds or Notes issued pursuant to the Illinois Housing Development Act;
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(2) to or for costs of issuance and administration
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| and the payments of any principal, interest, premium or other amounts or expenses incurred or accrued in connection with Affordable Housing Program Trust Fund Bonds or Notes, including rate protection contracts and credit support arrangements pertaining thereto, and, provided such expenses, fees and charges are obligations, whether recourse or nonrecourse, and whether financed with or paid from the proceeds of Affordable Housing Program Trust Fund Bonds or Notes, of the developers, mortgagors or other users, the Program Administrator's expenses and servicing, administration and origination fees and charges in connection with any loans, mortgages, or developments funded or financed or expected to be funded or financed, in whole or in part, from the issuance of Affordable Housing Program Trust Fund Bonds or Notes;
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(3) to or for costs of issuance and administration
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| and the payments of principal, interest, premium, loan fees, and other amounts or other obligations of the Program Administrator, including rate protection contracts and credit support arrangements pertaining thereto, for loans, commercial paper or other notes or bonds issued by the Program Administrator pursuant to the Illinois Housing Development Act, provided that the proceeds of such loans, commercial paper or other notes or bonds are paid or expended in connection with, or refund or repay, loans, commercial paper or other notes or bonds issued or made in connection with bridge loans or loans for the construction, renovation, redevelopment, restructuring, reorganization of Affordable Housing and related expenses, including development costs, technical assistance, or other amounts to construct, preserve, improve, renovate, rehabilitate, refinance, or assist Affordable Housing, including financially troubled Affordable Housing, permanent or other financing for which has been funded or financed or is expected to be funded or financed in whole or in part by the Program Administrator through the issuance of or use of proceeds from Affordable Housing Program Trust Fund Bonds or Notes;
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(4) to or for direct expenditures or reimbursement
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| for development costs, technical assistance, or other amounts to construct, preserve, improve, renovate, rehabilitate, refinance, or assist Affordable Housing, including financially troubled Affordable Housing, permanent or other financing for which has been funded or financed or is expected to be funded or financed in whole or in part by the Program Administrator through the issuance of or use of proceeds from Affordable Housing Program Trust Fund Bonds or Notes; and
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(5) for deposit into any residual, sinking, reserve
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| or revolving fund or pool established by the Program Administrator, whether or not pledged to secure Affordable Housing Program Trust Fund Bonds or Notes, to support or be utilized for the issuance, redemption, or payment of the principal, interest, premium or other amounts payable on or with respect to any existing, additional or future Affordable Housing Program Trust Fund Bonds or Notes, or to or for any other expenditure authorized by this Section 8(c).
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(d) All or a portion of the Trust Fund Moneys on
deposit or to be
deposited in
the Trust Fund not already certified for transfer or transferred to the
Program Administrator pursuant to Section 8(b) of this Act may be used to
secure the repayment of Affordable Housing Program Trust Fund Bonds or
Notes, or otherwise to supplement or support Affordable Housing funded or
financed
or
intended to be funded or financed, in whole or in part, by Affordable Housing
Program Trust Fund Bonds or Notes.
(e) Assisted housing may include housing for special needs
populations
such as the homeless, single-parent families, the elderly, or persons with disabilities. The Trust Fund shall be used to
implement a demonstration congregate housing project for any such special
needs population.
(f) Grants from the Trust Fund may include, but are not limited
to,
rental assistance and security deposit subsidies for low and very low-income
households.
(g) The Trust Fund may be used to pay actual and reasonable
costs for
Commission members to attend Commission meetings, and any litigation costs
and expenses, including legal fees, incurred by the Program Administrator
in any litigation related to this Act or its action as Program
Administrator.
(h) The Trust Fund may be used to make grants for (1) the
provision of
technical assistance, (2) outreach, and (3) building an organization's
capacity to develop affordable housing projects.
(i) Amounts on deposit in the Trust Fund may be used to reimburse the
Program
Administrator and the Funding Agent for costs incurred in the performance of
their duties under this Act, excluding costs and fees of the Program
Administrator associated with the Program Escrow to the extent withheld
pursuant to paragraph (8) of subsection (b) of Section 5.
(Source: P.A. 99-143, eff. 7-27-15.)
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