Illinois Administrative Code

Section 380.302 Outreach Requirements The LAA or the Developer must document that it has made extensive efforts to publicize the availability of Units under the RHS Program, including contacting non-profit corporations serving the homeless, the disabled and senior citizens in the…

Section 380.303 Income Certifications Each prospective Tenant must provide an Income Certification to the Landlord when applying to occupy a Unit and each time thereafter that the Tenant applies to renew the lease for the Unit.

Section 380.304 Training Programs The Authority shall periodically provide training programs convenient to potential Applicants. The training shall include a program overview, a description of the requirements for both an LAA and a Developer, and a thorough review of the Program …

Section 380.305 Tenant Rent Contribution The LAA or Developer must annually establish for each Unit the amount of the Tenant Contribution. Each Tenant's Tenant Contribution shall be a fixed amount and must be based on the size of the Unit and the Tenant's Income Range as set fort…

Section 380.306 Amount of Rental Assistance, Rent, and Maximum Rent a) The amount of the Rental Assistance for each Unit shall be the difference between the amount of the rent for the Unit and the Tenant Contribution. The amount of Rental Assistance for the Unit shall be establis…

Section 380.307 Rent Increases Upon request from an LAA or a Developer, Agencies may allow an annual increase in the rent for Units, not to exceed the existing rent multiplied by the most recent Annual Adjustment Factor, except as otherwise permitted by Section 380.306(c). Rent i…

Section 380.308 Over-Income Tenants Upon receipt of a Tenant Income Certification, the Landlord, with the direction and supervision of the LAA, shall verify the Annual Income of each Tenant prior to the renewal of the Tenant's lease. If the Annual Income of a Tenant exceeds 35% o…

Section 380.309 Appeals a) All disputes between Landlord and Tenant or prospective Tenant concerning Annual Income or other eligibility requirements shall be initially resolved by the LAA providing Rental Assistance to the Landlord. b) If the LAA is unable to resolve the dispute,…

Section 380.310 Rental Preferences for Tenants with Special Needs An LAA or a Developer may include in its Application a pledge to use its best efforts to make Units under its Allocation available to Special Needs Households. Notwithstanding the fact that an LAA or a Developer ha…

Section 380.311 Tenant Bill of Rights Each LAA must provide each Landlord that is to receive Rental Assistance payments with a Tenant Bill of Rights, and shall require each Landlord to provide each Tenant with the Tenant Bill of Rights. Each Developer must provide all Tenants in …

Section 380.312 Tenant Selection Plan Landlords and Developers must submit to the funding LAA or Agency, as applicable, a Tenant Selection Plan acceptable to the LAA or Agency. All Tenant Selection Plans shall be made available to the general public for inspection. SUBPART D: ALL…

Section 380.401 Request for Proposals From time to time, the Authority shall issue an RFP for Applications from prospective LAAs. The RFP shall include a copy of the Program Guide and an Application form. The period for submitting a response to the initial RFP shall be at least n…

Section 380.402 Eligibility LAAs may be local governmental bodies, including Municipalities, counties, and townships in unincorporated areas of the State; local housing authorities organized under the Illinois Housing Authorities Act [310 ILCS 10]; or non-profit organizations reg…

Section 380.403 Application Requirements Each Application to be an LAA shall include the information required by this Section and, in the case of the Authority, any additional information the Authority may require to promote efficient program administration and quality of perform…

Section 380.404 Service Area for Multiple Geographic Areas If an Applicant designates a Service Area that includes areas in more than one Geographic Area, the Applicant must submit a separate Application for that portion of the proposed Service Area in each Geographic Area; provi…

Section 380.405 Qualification Requirements a) Applicants to be an LAA must be financially viable, as determined through the Agency's review of the Applicant's audited financial statements for the two most recent years. If the Applicant is an entity formed as a non-profit corporat…

Section 380.406 Administration of Allocations a) Commitment: Each LAA shall enter into a Commitment with the Agency that is providing its Allocation. The Allocation may be less than the amount requested in the Application. The term of Commitments may be one, two or three years, s…

Section 380.407 Inspection Requirements Before releasing Rental Assistance funds for a Unit, the LAA or its agent shall inspect the Unit and the common areas and grounds of the building in which the Unit is located, and shall certify that the Unit and the common areas and grounds…

Section 380.408 Selection of Landlords a) An LAA shall select Landlords to participate in the RHS Program in accordance with its plan for selecting Landlords. b) An LAA may select as a Landlord a fully- or partially-owned subsidiary of the LAA only if it provides for an independe…

Section 380.409 Contracts with Landlords LAAs shall enter into a payment contract with each Landlord for all Units for which the Landlord has been approved to receive Rental Housing Assistance. The contract shall provide that the LAA will make quarterly Rental Assistance payments…

Section 380.410 Reporting Requirements a) At the end of each quarter of the term of its Commitment, each LAA shall prepare and provide to its Landlords a certification form that contains the following information: 1) a list of all Units that are receiving Rental Assistance; 2) th…

Section 380.411 Reconciliations Each LAA shall perform a Reconciliation every quarter during the term of its Commitment and, if the Reconciliation indicates that the LAA has received funds exceeding of the amount required for Rental Assistance payments, the LAA shall return all e…

Section 380.412 Funding of Allocations During the term of each Commitment with an LAA, the Agencies shall provide funds to LAAs in quarterly installments. An Agency shall increase the amount of an LAA's Allocation if the Agency has approved an annual rent increase for occupied Un…

Section 380.413 Revocation/Non-Renewal of Commitments a) LAAs may apply for a renewal of their Commitments, which shall be granted at the discretion of the applicable Agency, subject to the restrictions set forth in this Section. Agencies shall review the performance of each LAA …

Section 380.414 Leases Landlords shall enter into a written lease with each Tenant that shall have a term of no less than 12 months and that shall contain a Rental Assistance Rider. The LAA shall review each lease and certify to the applicable Agency that the leases do not violat…

Section 380.415 Requirements for LAAs Designated by Municipalities LAAs designated by Municipalities must comply with Sections 380.301, 380.303, 380.305, 380.306, 380.307, 380.308, 380.309, 380.310, 380.311, 380.401, 380.406, 380.407, 380.408, 380.409, 380.410 and 380.414 and Sub…

Section 380.416 Reporting Requirements for Municipalities Within 120 days after the close of each Fiscal Year, each Municipality shall provide a report to the Authority documenting the use of funds from its Fund Disbursement. The report shall include a list of all Units receiving…

Section 380.501 Income Eligibility and Verification Upon receipt of a Tenant Income Certification, the Landlord, with the direction and supervision of the LAA, shall verify the Annual Income of each prospective Tenant before occupancy of a Unit and then before lease renewal, usin…

Section 380.502 Record Submission and Retention a) Landlords shall maintain monthly records of the Tenant Contribution and Rental Assistance payments received for each Unit, including Unit vacancies. Landlords shall submit copies of these records to the LAA at least quarterly unl…

Section 380.503 Lead-Based Paint All Units eligible for Rental Assistance payments must be free of lead-based paint hazards. For Units in buildings constructed prior to January 1, 1978, Landlords must certify to the LAA and the Agency that they have visually inspected the Unit fo…

Section 380.504 Housing Quality Standards Landlords must maintain each Unit in compliance with the Housing Quality Standards.

Section 380.505 Compliance with Federal, State and Local Law Landlords must certify to the LAA, in the form provided by the Agency, that the lease for each Unit receiving Rental Assistance does not violate federal, State or local law or this Part. (Source: Amended at 46 Ill. Reg.…

Section 380.506 Eviction Landlords shall have the right to evict Tenants from Units for good cause, as permitted under State and local law.

Section 380.507 Reconciliations Landlords shall make Reconciliations to their funding LAAs quarterly. (Source: Amended at 46 Ill. Reg. 12608, effective July 7, 2022)

Section 380.508 Property Insurance Landlords shall maintain the required State minimum level of property insurance for all buildings that contain a Unit receiving Rental Assistance. (Source: Added at 46 Ill. Reg. 12608, effective July 7, 2022) SUBPART F: LONG-TERM OPERATING SUPPO…

Section 380.601 Allocations Agencies shall reserve at least 10% of each year's Annual Receipts or Fund Distribution, as applicable, for LTOS Allocations. Agencies are not required to spend those funds in the year reserved, but may combine these funds with the reserved amounts fro…

Section 380.602 Allocations Only for New Units Grants under an LTOS Program will only be available for Projects involving housing Units newly created for Extremely Low-Income Households or Severely Low-Income Households.

Section 380.603 Application Procedures a) From time to time, Agencies shall accept Applications from prospective Developers for funding under the LTOS Program in a manner described in the Program Guide or the Municipality Program Guide, as applicable. b) The Authority shall presc…

Section 380.604 Developer Qualifications To be eligible to receive funding under an LTOS Program, a Developer must be financially viable, as determined by the applicable Agency at the time of its Application. In making this determination, the applicable Agency shall review, among…

Section 380.605 Application Requirements a) Applicants shall specify the number of Units for which they are requesting an Allocation. For Projects containing more than 25 Units, the number of Units proposed to receive Rental Assistance shall not exceed 30% of the Units in the Pro…

Section 380.606 Agency Review The Agency shall review each complete Application and approve or reject it. The Agency's review of an Application may include, but is not limited to, the following criteria: a) the availability of funds under the RHS Program that have been reserved f…

Section 380.607 Waiver An Agency may waive any LTOS Program requirements only when special circumstances exist and in furtherance of the purpose of the LTOS Program to increase the supply of affordable rental housing, as permitted by the RHS Program Act. (Source: Amended at 46 Il…

Section 380.608 Commitments a) Upon the approval of a Project under the LTOS Program, the Agency shall enter into a Commitment with the Developer. The term of the Commitment may be for a maximum of 15 years, provided, however, that Agencies may provide long-term financing to Deve…

Section 380.609 Income Eligibility and Verification Developers shall verify the Annual Income of each prospective Tenant prior to occupancy of a Unit and thereafter prior to lease renewal, using the Tenant Income Certification form prescribed by the Agency. Developers shall verif…

Section 380.610 Over-Income Tenants a) Developers must verify the Annual Income of each Tenant before the renewal of the Tenant's lease. If the Annual Income of a Tenant exceeds 35% of the Median Income because of an increase in the Tenant's Annual Income, Rental Assistance shall…

Section 380.611 Leases Developers must enter into a written lease with each Tenant having a term of no less than 12 months. The lease shall contain a Rental Assistance Rider. The lease shall indicate which party is responsible for paying the utilities. Developers shall provide ea…

Section 380.612 Evictions Developers shall have the right to evict Tenants from Units for good cause, as permitted under State and local law.