Illinois Administrative Code

Section 375.EXHIBIT A Delivery of Notice to Tenants and Affected Public Entities a) Where a provision of the Preservation Act requires that notice be given to tenants of the Assisted Housing Development and affected public entities, the requirements may be met by transmitting the…

Section 378.101 Authority This Part implements the COVID-19 Federal Emergency Rental Assistance Program Act (P.A.102-0005) and is authorized by Section 7.19 of the Illinois Housing Development Act [20 ILCS 3805/7.19].

Section 378.102 Purpose and Objectives The purpose of the ERA1 and ERA2 emergency rental assistance programs is to use moneys to provide emergency rental assistance for eligible households, and to provide housing stability services.

Section 378.103 Definitions The following definitions apply to terms used in this Part: "Administering State agency": An agency or department of the State that will disburse funds and administer all or a portion of ERA1 or ERA2 funds. "American Rescue Plan Act": The American Resc…

Section 378.104 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 law, including but not limited to the ERA1 award terms, any ERA1 Grant Agreement, the ERA2 award …

Section 378.105 Applications, Forms and Procedures a) The Authority should, to the extent possible, implement ERA2 consistently with ERA1. b) The Authority may prepare, use, prescribe, supplement and amend forms, including application forms, agreements and other documents and pro…

Section 378.106 Fees and Charges The Authority will not charge an application fee for any ERA1 or ERA2 grants.

Section 378.107 Authority Administrative Expenses a) The Authority is entitled to reimbursement from DCEO for administrative expenses incurred with respect to the administration of ERA1 funds. Under ERA1, not more than 10 percent of the amount paid to an eligible grantee may be u…

Section 378.108 Amendment This Part may be supplemented, amended or repealed by the Authority from time to time and in a manner consistent with the Illinois Administrative Procedure Act [5 ILCS 100], this Part and other applicable laws. This Part does not constitute or create any…

Section 378.109 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…

Section 378.110 Non-Discrimination a) Unless necessary to comply with applicable federal or State law, the Authority will not require any type of documentation relating to any household member's immigration status. b) Eligible landlords and HSS Providers shall comply with the app…

Section 378.111 Record Retention Eligible households, eligible landlords and HSS Providers shall maintain copies of any records in their possession in connection with ERA1 and ERA2 for at least five years from the date of the grant.

Section 378.112 Monitoring The Authority has the right to monitor all records of eligible households, eligible landlords and HSS Providers relating to an award of funds under ERA1 and ERA2. Eligible households, eligible landlords and HSS Providers shall make all records relating …

Section 378.113 Federal Legislation Notwithstanding anything herein to the contrary, this Part shall be construed in conformity and compliance with the Consolidated Appropriations Act and the American Rescue Plan Act. To the extent that this Part conflicts with federal law, feder…

Section 378.114 Prioritization a) The Authority will establish a system for ERA1 and ERA 2 programs that prioritizes assistance to eligible households with incomes less than 50% of the area median income and to eligible households with one or more members that have been unemploye…

Section 378.115 Accessibility and Transparency a) In addition to federal requirements, with respect to any program covered by the IL ERA Act, the Authority will make publicly accessible by publishing on its website any important information, including, but not limited to, the fol…

Section 378.116 Required Notifications and Correspondence With respect to any program covered by the IL ERA Act, the Authority shall ensure it communicates clearly with an applicant about the application determination process, including acceptance, status of a pending application…

Section 378.117 Recapture ERA1 and ERA2 grants, including HSS Grants, are subject to recapture in the event of default, such as fraud on behalf of an eligible household, eligible landlord, or HSS Provider, failure to comply with this Part, any other applicable law, or failure to …

Section 378.201 Household Eligibility a) For an applicant to be eligible to receive an ERA1 or ERA2 grant, the occupants of the residential dwelling unit must qualify as an ERA1 or ERA2 eligible household, respectively. The Authority is permitted to verify income based on categor…

Section 378.301 Landlord Eligibility Prior to receiving ERA1 or ERA2 grant funds on behalf of an eligible household, landlords must: a) Provide any documentation and information reasonably required by the Authority, including, but not limited to, a copy of the lease (if available…

Section 378.302 Waiver of Fees, Fines and Charges Prior to receiving ERA1 or ERA2 grant funds on behalf of an eligible household, and in order to become an eligible landlord, landlords must agree to waive all late fees accrued by the eligible household during the grant coverage p…

Section 378.303 Leases a) Unless necessary to comply with applicable federal or State law, the Authority will not require a fully executed written lease to participate in any ERA1 or ERA2 program. b) Prior to receiving ERA1 or ERA2 grants funds on behalf of an eligible household,…

Section 378.304 Eviction Moratorium a) Prior to receiving ERA1 or ERA2 grants funds on behalf of an eligible household, landlords must agree they will forgo any right to commence or continue an eviction action, or other legal action, including but not limited to breach of contrac…

Section 378.305 Distribution of Grants a) ERA1 grants made by the Authority may cover all or any portion of the ERA1 eligibility period. b) ERA2 grants made by the Authority may cover all or any portion of the ERA2 eligibility period. c) When making ERA1 or ERA2 grant payments to…

Section 378.401 Purpose Subject to the terms of the agreement executed by the HSS Provider and the Authority, HSS Sub-Awards allocated to an HSS Provider are for the provision of HSS outreach and intake services, as described in this Part, and the purchase of HSS equipment.

Section 378.402 Request for Proposals The Authority may issue one or more requests for proposals for applications for an HSS Sub-Award from prospective HSS Providers.

Section 378.403 HSS Provider Eligibility HSS Providers may be HUD approved counseling agencies, community or faith based organizations, non-profit organizations, including legal assistance groups, and such other community organizations that specialize in housing or community outr…

Section 378.404 Eligible Uses on an HSS Sub-Award a) HSS outreach, which includes: 1) Disseminating information about ERA1 and ERA2 throughout the provider's coverage area; 2) erforming outreach services within the provider's coverage area to inform as many people as possible abo…

Section 378.405 Application Requirements Each application for an HSS Sub-Award under the request for applications shall include the information required by the Authority to promote efficient program administration and quality of performance. Applicants will be required to indicat…

Section 378.406 Maximum HSS Provider Sub-Awards The maximum HSS Sub-Award available to HSS Providers may vary based on the eligible activities the HSS Provider is approved to undertake.

Section 378.407 Distribution of HSS Provider Sub-Awards Once approved for an HSS Sub-Award, HSS Providers will be eligible to receive an initial disbursement in an amount equal to less than 100% of the grant, in an amount established by the Authority. An accounting of expenses wi…

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], eff…

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 tha…

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…

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.

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 Author…

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)

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 s…

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% …

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 sh…

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 …

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.

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…

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

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 Dist…

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…

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 wit…