Section 378.103 Definitions

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"

:  T

he American Rescue Plan Act of 2021, P.L.

117-2 (March 11, 2021).

"Annual Income":  The

definition established by the U.S. Department of Housing and Urban Development

in 24 CFR 5.609, or the definition established by the Internal Revenue Service

in 26 U.S.C. 62 for "Adjusted Gross Income", as selected by an

Applicant or CBRAP Applicant.

"Applicant"

or "program applicant":  Any person or, in the case of a landlord or

lessor, entity, who is obligated to pay rent on a residential dwelling, or

lessee or landlord or lessor that has submitted an application, individually or

jointly, to receive ERA1 or ERA2 funds.  An applicant must apply for assistance

via a web-based application portal accessible at http://www.illinoishousinghelp.org/.

"Area Median Income":

The area median income, adjusted for household size, as established by the U.S.

Department of Housing and Urban Development.

"Authority":  The

Illinois Housing Development Authority, in its capacity as an Administering State

Agency of ERA1 and ERA2 funded programs.

"Categorical Eligibility":

An applicant deemed to be an eligible household as a result of the household

income having been verified to be at or below 80 percent of the area median

income in connection with another local, state, or federal government

assistance program, provided the Authority receives a determination letter from

the government agency that verified the applicant's household income.

"CBRAP":  the Court-Based

Rental Assistance Program, an ERA2-funded program administered by the

Authority, which provides emergency rental assistance to eligible litigants in

eviction court

ection with another local, state, or federal government

assistance program, provided the Authority receives a determination letter from

the government agency that verified the applicant's household income.

"CBRAP":  the Court-Based

Rental Assistance Program, an ERA2-funded program administered by the

Authority, which provides emergency rental assistance to eligible litigants in

eviction court.

"CBRAP Applicant":  Any

person or, in the case of a landlord or lessor, entity, who is obligated to pay

rent on a residential dwelling, or lessee or landlord or lessor that has

submitted an application, individually or jointly, to receive ERA2 funds

through CBRAP.

"Consolidated Appropriations

Act":  The Consolidated Appropriations Act, 2021 P.L. No. 116-260 (Dec.

27, 2020).

"Coverage Period":  The

portion of an ERA1 or ERA2 program eligibility period applicable to an eligible

household.

"COVID-19":  Coronavirus

Disease 2019, as referenced in the State Gubernatorial Disaster Proclamations.

"DCEO":  The ERA1 eligible

grantee pursuant to the Consolidated Appropriations Act.

"Eligible Landlord":  An

owner, or authorized management agent, of one or more units receiving or

approved to receive ERA1 or ERA2 grant funds on behalf of an eligible

household.

"ERA1":  An emergency

rental assistance program established by Section 501 of Division N of the

Consolidated Appropriations Act, 2021, P.L.116-260 (Dec. 27, 2020).

"ERA1 Award Terms":  The

terms and conditions set forth in OMB Approved No.:  1505-0266 as executed by

DCEO in connection with the receipt of funds under the Consolidated

Appropriations Act

unds on behalf of an eligible

household.

"ERA1":  An emergency

rental assistance program established by Section 501 of Division N of the

Consolidated Appropriations Act, 2021, P.L.116-260 (Dec. 27, 2020).

"ERA1 Award Terms":  The

terms and conditions set forth in OMB Approved No.:  1505-0266 as executed by

DCEO in connection with the receipt of funds under the Consolidated

Appropriations Act.

"ERA1 Eligible Household":

To be eligible, a household must be obligated to pay rent on a residential

dwelling and the Authority must determine that:

one or more individuals within the

household has qualified for unemployment benefits or experienced a reduction in

household income, incurred significant costs, or experienced other financial

hardship due, directly or indirectly, to the COVID-19 outbreak;

one or more individuals within the

household can demonstrate a risk of experiencing homelessness or housing

instability; and

the household has a household

income at or below 80% of area median income.

"ERA1 Eligibility Period":

An eligible household may receive up to twelve months of ERA1 assistance (plus

an additional three months if necessary to ensure housing stability for the

household, subject to the availability of funds).

"ERA1 Grant":  A grant

funded under ERA1 providing emergency rental assistance funds for an eligible

household.  The Authority will review applications for an ERA1 Grant on a

first-come, first-served basis.  The Authority does not guarantee funding of

any ERA1 Grant.

"ERA1 Grant Agreement":  Any

agreement between DCEO and the Authority with respect to the administration of

a portion of the funds granted to DCEO pursuant to the Consolidated

Appropriations Act and further granted to the Authority.

"ERA2":  An emergency

rental assistance program established by section 3201 of the American Rescue

Plan Act of 2021, P.L. No. 117-2 (March 11, 2021)

y ERA1 Grant.

"ERA1 Grant Agreement":  Any

agreement between DCEO and the Authority with respect to the administration of

a portion of the funds granted to DCEO pursuant to the Consolidated

Appropriations Act and further granted to the Authority.

"ERA2":  An emergency

rental assistance program established by section 3201 of the American Rescue

Plan Act of 2021, P.L. No. 117-2 (March 11, 2021).

"ERA2 Award Terms":  The

terms and conditions set forth in OMB Approved No.:  1505-0270 as executed by IEMA

in connection with the receipt of ERA2 funds under the American Rescue Plan Act.

"ERA2 Eligible Household":

To be eligible, a household must be obligated to pay rent on a residential

dwelling and the Authority must determine that:

one or more individuals within the

household has qualified for unemployment benefits or experienced a reduction in

household income, incurred significant costs, or experienced other financial

hardship during or due, directly or indirectly, to the coronavirus outbreak;

one or more individuals within the

household can demonstrate a risk of experiencing homelessness or housing

instability; and

the household is a low-income

family (as such term is defined in section 3(b) of the United States Housing

Act of 1937 (42 U.S.C. 1437a(b)).

"ERA2 Eligibility Period":

The maximum period of time covered by an ERA2 grant, not to exceed the time

parameters set forth in any applicable law.  The aggregate amount of financial

assistance an eligible household may receive under ERA2, when combined with

financial assistance under ERA1, must not exceed 18 months.

"ERA2 Grant":  A grant

funded under ERA2 providing emergency rental assistance funds for an eligible

household.  The Authority will review applications for an ERA2 Grant on a

first-come, first-served basis.  The Authority does not guarantee funding of

any ERA2 Grant

nce an eligible household may receive under ERA2, when combined with

financial assistance under ERA1, must not exceed 18 months.

"ERA2 Grant":  A grant

funded under ERA2 providing emergency rental assistance funds for an eligible

household.  The Authority will review applications for an ERA2 Grant on a

first-come, first-served basis.  The Authority does not guarantee funding of

any ERA2 Grant.  The aggregate amount of financial assistance an eligible

household may receive under ERA2, when combined with financial assistance under

ERA1, must not exceed $25,000.

"ERA2 Grant Agreement":  Any

agreement between IEMA and the Authority with respect to the administration of

a portion of the funds granted to IEMA pursuant to the American Rescue Plan and

further granted to the Authority.

"Housing Stability Service"

or "HSS":

Case management and other services

related to the COVID-19 outbreak, except with respect to ERA2, which services

do not have to be related to the COVID-19 outbreak, as defined by the

Secretary, including those that enable eligible households to maintain or

obtain housing. Such services may include housing counseling, fair housing

counseling, case management related to housing stability, housing related

services for survivors of domestic abuse or human trafficking, legal services

or attorney's fees related to eviction proceedings and maintaining housing

stability, and specialized services for individuals with disabilities or

seniors that supports their ability to access or maintain housing, subject to

the terms of the agreement executed by the HSS Provider and the Authority.

"HSS Sub-Award":  An

award of funds from the Authority to an HSS Provider.

"HSS Provider":  A

recipient of funds from the Authority to provide HSS.

"GATA":  The Grant

Accountability and Transparency Act [30 ILCS 708].

"GATU":  The Grant

Accountability and Transparency Unit within the Illinois Governor's Office of

Management and Budget

agreement executed by the HSS Provider and the Authority.

"HSS Sub-Award":  An

award of funds from the Authority to an HSS Provider.

"HSS Provider":  A

recipient of funds from the Authority to provide HSS.

"GATA":  The Grant

Accountability and Transparency Act [30 ILCS 708].

"GATU":  The Grant

Accountability and Transparency Unit within the Illinois Governor's Office of

Management and Budget.

"Guidance":  Guidance,

including, but not limited to, "frequently asked questions" released

by the U.S. Department of the Treasury or the Secretary in connection with the Consolidated

Appropriations Act and, or the American Rescue Plan Act.

"IEMA":  The ERA2 eligible

grantee pursuant to the American Rescue Plan Act.

"IL ERA Act":  The Illinois

COVID-19 Federal Emergency Rental Assistance Program Act (P.A. 102-0005).

"Lease":  A legal

agreement between at least two parties in connection with the occupancy of a

residential dwelling unit by someone other than the owner.

"Management Agent":  A

company or individual authorized, pursuant to a Property Management Agreement,

to lease units and collect rent on behalf of an owner.

"Owner":  A company or

individual that holds fee title to the property where the unit is located and

occupied by an eligible household.

"Property Management

Agreement":  A written document that describes the relationship between

the owner and management agent. At a minimum, the agreement will reference the

address of the eligible household's property and that the management agent may

lease and collect rent on behalf of the owner.

"Secretary":  The

Secretary of the U.S. Department of the Treasury.

"Uniform Guidance":  The abbreviated title for

Uniform Administrative Requirements, Cost Principles, and Audit Requirements

for Federal Awards (2 CFR 200), which supersedes OMB Circulars A-21, A-87,

A-89, A-102, A-110, A-122, and A-133, and the guidance in Circular A-50.