Illinois Administrative Code

Section 360.507 Standards for Approval of Conveyance In determining whether to approve and/or impose restrictions on the conveyance, assignment, leasing, mortgaging, pledging or other transfer of the Development or Single-Family Development, and the beneficial interest in and pow…

Section 360.601 Maximum Loan Amount and Priority Loans shall not exceed $1,250,000 for each Recipient. Priority shall be given to those applications which propose the lowest per unit total cost, lowest monthly housing expense, and longest affordability restrictions. (Source: Amen…

Section 360.602 Maximum Grant Amount Grants by a Recipient to a Very Low-Income Household shall not exceed $5,000. Grants by a Recipient to a Low-Income Household shall not exceed 3,000. Grants to organizations or corporations shall not exceed $750,000. Grants are not available t…

Section 360.603 Increase Above Maximum Loan or Grant Amount Nothing contained in this Section shall prohibit the Authority from increasing the amount of a Loan or Grant above the limitations specified herein if the Authority, in its sole discretion, determines that such increase …

Section 360.604 Amortization The maximum amortization period of a Loan to be made by the Authority under this Program shall not exceed 40 years and may be shorter at the sole discretion of the Authority. (Source: Amended at 25 Ill. Reg. 2416, effective January 24, 2001)

Section 360.605 Recapture of Assistance Within each set of Loan documents the Authority shall establish requirements regarding use, occupancy and rent levels as required by the Act and this Part. Such requirements shall provide that if the Recipient violates any of these requirem…

Section 360.606 Prepayment of Loan The Authority may prohibit the prepayment of a Loan for a Development if the Authority determines that such prepayment will result in: a) the rents charged at the Development exceeding the limits set forth in Section 360.904(b) of this Part at t…

Section 360.701 Design and Construction Standards Developments or Single-Family Developments financed by Loans under the Program shall be designed and constructed or rehabilitated to conform with applicable Federal, State, and local statutes, regulations, ordinances, standards, a…

Section 360.801 Marketing and Management a) It shall be the responsibility of the Recipient to provide for the marketing and management of the Development or Single-Family Development in a manner satisfactory to the Authority so as to promote the purposes of the Program and the f…

Section 360.802 Marketing and Management Plans a) Approval. Before the Authority makes a Loan or Grant under the Program or at such other time as required by the Authority, the Authority may require the Applicant to submit for the Authority's approval plans for the marketing and …

Section 360.803 Maintenance The Recipient shall maintain the Development or Single-Family Development, or cause the Development or Single-Family Development to be maintained, including without limitation, the dwelling units, commercial facilities, and grounds and equipment relate…

Section 360.804 Cost of Service The Recipient shall not pay more for administrative, operating, and maintenance expenses than is reasonable given the location and size of the Development or Single-Family Development, the level of administration, operation, and maintenance require…

Section 360.901 Displacement Recipients shall not cause the permanent displacement of any Tenants in a Development or Single-Family Development that receives Trust Fund Monies for rehabilitation except as provided in Section 360.903 of this Part. (Source: Amended at 18 Ill. Reg. …

Section 360.902 Relocation Plan a) Approval. Before the Authority makes a Loan or Grant under the Program or at such other time as required by the Authority, the Authority may require the Applicant to submit, for the Authority's approval, a plan for the temporary relocation or pe…

Section 360.903 Tenant Selection Plan and Participant Selection Plan Before making a Loan, Grant or any other allocation under the Program, the Authority shall approve, where applicable, a Tenant Selection Plan or Participant Selection Plan submitted by the Applicant and setting …

Section 360.904 Income and Housing Expense Limits a) A Tenant's initial occupancy of a unit held available for rental to Low-Income Households and Very Low-Income Households shall be limited to persons and families initially meeting the income limits set forth in subsection (b) b…

Section 360.905 Non-Discrimination Recipients shall not refuse to accept Tenants for occupancy solely because the Tenant receives governmental rental assistance, nor based on a prospective Tenant's race, national origin, ancestry, religion, creed, sex, age, familial or marital st…

Section 365.1001 Environmental Assessment Prior to the making of a Loan under the Program, the Authority shall require the Applicant to conduct or authorize the Authority to cause to be conducted on the Applicant's behalf a Phase I environmental assessment review, certified to th…

Section 365.1002 Other Laws All Developments receiving Loans from the Program for construction or rehabilitation shall comply with the provisions of the Environmental Barriers Act [410 ILCS 25], the Illinois Accessibility Code (71 Ill. Adm. Code 400), the Americans with Disabilit…

Section 365.101 Authority This Part is authorized by and implemented pursuant to the Illinois Housing Development Act [20 ILCS 3805] and the Illinois Affordable Housing Act [310 ILCS 65] and shall govern the Program.

Section 365.102 Purpose and Objectives This Part is established to accomplish the general purposes of the Act and the Affordable Housing Act and in particular the making of mortgages or other loans from the proceeds of Bonds or Notes to be issued by the Authority pursuant to the …

Section 365.103 Definitions As used in this Part, words and phrases defined in the Act shall have the meanings ascribed to them therein. In addition, the following words or terms mean: "Act": The Illinois Housing Development Act [20 ILCS 3805]. "Advisory Commission": The Illinois…

Section 365.104 Borrowing by the Authority To the extent allowed by the Act, and in the manner determined by the Authority, the Authority may borrow funds with which to make Loans or incur other obligations under the Program.

Section 365.105 Compliance with Law Notwithstanding anything herein to the contrary, this Part shall be construed in conformity and compliance with applicable Federal law. Whenever reference is made in this Part to applicable law, statute, rule or regulation, the same shall be co…

Section 365.106 Standards In administering the Program, the Authority, the Chairman and the Staff shall, in the exercise of discretion, consider, in addition to the criteria specifically set forth: the purposes of the Program to provide decent, safe, and sanitary multi-family ren…

Section 365.107 Authority Determinations Whenever, pursuant to this Part, a determination, election or approval may be made by the Authority, such determination, election or approval unless otherwise expressly stated herein shall be at the Authority's sole discretion.

Section 365.108 Forms and Procedures for the Program The Staff may prepare, use, supplement and amend such forms, agreements and other documents and such procedures as it may determine to be necessary or desirable for the purposes of implementing the Program, all as may be prescr…

Section 365.109 Fees and Charges of the Authority In connection with the Program, the Authority may establish and collect such fees and charges as may be established by the Authority from time to time. Such fees and charges may be paid from the proceeds of Notes or Bonds issued b…

Section 365.110 Waiver (Repealed) (Source: Repealed at 22 Ill. Reg. 3846, effective February 4, 1998)

Section 365.1101 Marketing and Management a) It shall be the responsibility of the Owner to provide for the marketing and management of the Development in a manner and by a party satisfactory to the Authority so as to promote the purposes of the Program and the financial stabilit…

Section 365.1102 Marketing and Management Plans a) Approval. Before the Authority makes a Loan under the Program and at such other times as may be required by the Authority, the Authority may require the Applicant to submit for the Authority's approval plans for the marketing and…

Section 365.1103 Maintenance The Owner shall maintain the Development, including, without limitation, the dwelling units, commercial facilities, and grounds and equipment related to the Development, in a decent, safe, and sanitary condition, in a tenantable and rentable state of …

Section 365.1104 Cost of Service The Owner shall not pay more for administrative, management, operating, and maintenance expenses than is reasonable given the location and size of the Development, the level of administration, operation, and maintenance required by the applicable …

Section 365.111 Amendment This Part may be supplemented, amended, or repealed by the Members, from time to time and in such manner as the Members may determine. This Part shall not constitute or create any contractual rights.

Section 365.112 Severability If any clause, sentence, paragraph, subsection, Section, or Subpart of this Part is adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder hereof, but shall be confined in its…

Section 365.113 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.

Section 365.114 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.

Section 365.115 Calendar Days Days shall mean calendar days. Due dates falling on a Saturday, Sunday, or legal State or Federal holiday shall be deemed to fall on the next calendar day that is not a Saturday, Sunday, or a legal State or Federal holiday. SUBPART B: ELIGIBILITY

Section 365.1201 Displacement Owners shall not cause the permanent displacement of any Tenants in a Development that receives a Loan for rehabilitation except as provided in Section 365.1202 of this Part. Pursuant to Section 10(g) of the Affordable Housing Act, Relocation Plans m…

Section 365.1202 Relocation Plan a) Approval. Before the Authority makes a Loan for rehabilitation of a Development under the Program and at such other time as shall be required by the Authority, the Authority shall require the Applicant to submit, for the Authority's approval, a…

Section 365.1203 Tenant Selection Plan Before making a Loan under the Program, the Authority shall approve, where applicable, a Tenant Selection Plan submitted by the Applicant and setting forth the income limits for Tenants. In approving the Tenant Selection Plan, the Authority …

Section 365.1204 Income and Rent Limits a) A Tenant's initial occupancy of a unit held available for rental to Low-Income Households and Very Low-Income Households shall be limited to persons and families initially meeting the income limits set forth in subsection (b) below. If a…

Section 365.1205 Commercial Facilities a) Facilities. The Owner shall rent commercial facilities, if any, only to such Commercial Tenants, at such rental and for such purposes as have been approved by the Authority. In no event shall the space occupied by Commercial Tenants in th…

Section 365.201 Eligible Activities a) Any Trust Fund Moneys transferred to the Authority pursuant to Section 8(b) of the Affordable Housing Act, or otherwise obtained, paid to or held by or for the Authority, or pledged pursuant to a resolution of the Authority, for the Bonds or…

Section 365.202 Market Rate Developments Pursuant to Section 10(d) of the Affordable Housing Act and to Sections 4 and 12 of the Act, the Authority may make Loans for Developments which are to be occupied partly by Low-Income Households or Very Low-Income Households provided that…

Section 365.203 Eligible Mortgagors Who May Receive Loans The recipients of Loans funded by the proceeds of Bonds or Notes are required at all times to be Eligible Mortgagors.

Section 365.204 Land Trusts Whenever title to the Real Estate is held in an Illinois land trust, the agreement creating the Trust and establishing the respective rights, powers, and duties of the Trustee and Owner shall be in a format approved by the Authority. The beneficial int…