Section 380.103 Definitions

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 Program to an LAA or a Developer.

"Annual Adjustment

Factor":  The figure published annually by HUD to determine rent increases

for purposes of Section 8 of the United States Housing Act of 1937 (42 U.S.C.

1437).

"Annual Income":  All

amounts, monetary or not, received or anticipated to be received, from a source

outside the Household, by or on behalf of the head, spouse or co-head of the Household,

or any other Household member over the age of 18, during the 12-month period

following admission or the date of the most recent recertification of the Household

income.  There is no asset limitation for participation in the RHS Program.

However, the definition of annual income includes net income from assets.  The

determination of Annual Income shall be made as provided in the HUD regulations

governing section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437)

and 24 CFR 5.609(b) and (c) (2021), provided that imputed income (as described

in 24 CFR 5.609(b)(3)) from the Household's assets shall not be included.

Examples of and instructions for applying these requirements shall be included

in the applicable Agency's Program Guide.

"Annual Receipts" means

revenue derived from the RHS Program State surcharge from July 1 through June

30 on deposit in the Rental Housing Support Program Fund that is appropriated

each year for distribution by the Authority for the RHS Program.

"Applicant":  An entity or

an individual (as a Developer) making an Application for an Allocation.

"Application":  The Application

form and attachments that an Applicant must submit when applying for an Allocation

under the RHS Program.

"Authority":

The Illinois Housing Development Authority

rt Program Fund that is appropriated

each year for distribution by the Authority for the RHS Program.

"Applicant":  An entity or

an individual (as a Developer) making an Application for an Allocation.

"Application":  The Application

form and attachments that an Applicant must submit when applying for an Allocation

under the RHS Program.

"Authority":

The Illinois Housing Development Authority.

"Commitment":  A

contract executed by an Agency and an LAA or a Developer under which the Agency

agrees to provide an Allocation.  Each Commitment shall contain a provision to

the effect that the Agency shall not be obligated to provide funds under the Commitment

if the Agency has not received adequate funds from the Annual Receipts or a Fund

Distribution, as applicable.

"Coordinating Local

Administering Agency":  A local administering agency that provides

technical and administrative assistance to localities that do not possess the

capacity to administer an Allocation.

"Developer":  The owner

of a Project that has applied for or has been approved for an Allocation under

the LTOS Program.

"Extremely Low-Income Household":

A Household whose Annual Income is less than or equal to 30% of the Median Income.

"Fiscal Year":  The fiscal

year of the State.

"Fund Distribution":  A

distribution of funds from the Annual Receipts for a Fiscal Year to a Geographic

Area.

"Geographic Areas":  The

City of Chicago, Suburban Areas, Small Metropolitan Areas, and Rural Areas.

"Household":  A single

person, family or unrelated persons living together.

"Housing Quality Standards":

HUD Section 8 inspection standards for Units established by 24 CFR 982.401

.

"Fund Distribution":  A

distribution of funds from the Annual Receipts for a Fiscal Year to a Geographic

Area.

"Geographic Areas":  The

City of Chicago, Suburban Areas, Small Metropolitan Areas, and Rural Areas.

"Household":  A single

person, family or unrelated persons living together.

"Housing Quality Standards":

HUD Section 8 inspection standards for Units established by 24 CFR 982.401

(2021).

"HUD":  The U.S. Department of Housing and Urban Development.

"Income Range":  A range

of Annual Incomes set forth in Section 380.305 that is used to determine the Tenant

Contribution for Tenants.

"Landlord":  An owner of

one or more Units receiving or approved to receive Rental Assistance through an

LAA.  An LAA or subsidiary of an LAA may be a Landlord; provided, however, that

the LAA must disclose its intention to be a Landlord, or appoint a subsidiary

to be a Landlord, in its Application.

"LAA":  A local

administering agency meeting the eligibility requirements set forth in Section

380.402 and designated by an Agency that receives an Allocation to provide Rental

Assistance.

"LTOS Program":  The

long-term operating support program established under the RHS Program, to be

used exclusively to provide long-term operating support to Developers of Projects

that provide Units newly available to Extremely Low-Income Households and

Severely Low-Income Households.

"Maximum Rent":  The

maximum rent for a Unit, which shall be the greater of:

the Maximum Rent established under

the federal Low Income Housing Tax Credit Program for a Unit rented by a Tenant

with an Annual Income less than or equal to 60% of the Median Income; or

120% of HUD's

fair market rent for the area in which the Unit is located.

"Median Income":  The Median

Income of the area in which the Unit is located, adjusted for family size, as the

adjusted income and Median Income for the area are determined from time to time

by HUD for purposes of Section 8 of the United States Housing Act of 1937 (42 U.S.C.

1437)

r equal to 60% of the Median Income; or

120% of HUD's

fair market rent for the area in which the Unit is located.

"Median Income":  The Median

Income of the area in which the Unit is located, adjusted for family size, as the

adjusted income and Median Income for the area are determined from time to time

by HUD for purposes of Section 8 of the United States Housing Act of 1937 (42 U.S.C.

1437).

"Members":  The members

of the Authority.

"Municipality":  A

municipality with a population greater than 2,000,000.

"Municipality Program Guide":

The guidelines published by a Municipality for Allocations made by the Municipality.

Each Municipality Program Guide shall explain the RHS Program and provide

additional information about various RHS Program requirements.

"Permanent Supportive Housing":

A Project with a preference or restriction for people who need supportive

services to access and maintain affordable housing; are experiencing, or are at

risk of, homelessness; are living with disabilities; or are experiencing, or are

at risk of, institutionalization. The housing should be permanent (not

time-limited, not transitional), affordable (typically rent-subsidized or

otherwise targeted to an extremely-low-income Tenant who makes 30% of the Median

Income or below), and independent (Tenant holds the lease with normal rights

and responsibilities). Services should be flexible (responsive to Tenants'

needs and desires), voluntary (participation in supportive services is not a

condition of tenancy), and sustainable (the focus of services is on maintaining

housing stability and good health).

"Plan for Services":  The

plan through which each prospective LAA will provide information to Tenants on

how to gain access to education, training, and other supportive services and

that sets forth the procedures for identifying and referring prospective Tenants

to Landlords

a

condition of tenancy), and sustainable (the focus of services is on maintaining

housing stability and good health).

"Plan for Services":  The

plan through which each prospective LAA will provide information to Tenants on

how to gain access to education, training, and other supportive services and

that sets forth the procedures for identifying and referring prospective Tenants

to Landlords.  LAAs designated by a Municipality shall prepare a Plan for

Services and, if a Municipality does not designate an LAA, the Municipality

shall prepare a Plan for Services.

"Program Guide":  The

guidelines published by the Authority explaining the RHS Program and providing

additional information about various RHS Program requirements.

"Project":  A building

or group of buildings that are financed under a common plan of financing.

"Reconciliation":  The

determination of the difference between the amount of Rental Assistance paid to

Landlords or Developers and the amount of Rental Assistance the Landlords or

the Developers were entitled to receive.

"Rental Assistance":  The

amount paid to a Landlord or a Developer as a subsidy for a Unit approved for

assistance under the RHS Program.

"Rental Assistance Rider":

The rider to be attached to each Tenant's lease that describes the RHS Program;

requires the Tenant to provide a certification of its Annual Income; notifies

the Tenant that the Tenant must report changes in its Annual Income to the LAA

or Developer, as applicable, when they occur and on each occasion that the

Tenant's lease is to be renewed; and informs the Tenant that increases in Annual

Income may result in an increase in the Tenant Contribution.  The Rental Assistance

Rider shall be included in the Program Guide or the Municipality's Program

Guide, as applicable

Tenant must report changes in its Annual Income to the LAA

or Developer, as applicable, when they occur and on each occasion that the

Tenant's lease is to be renewed; and informs the Tenant that increases in Annual

Income may result in an increase in the Tenant Contribution.  The Rental Assistance

Rider shall be included in the Program Guide or the Municipality's Program

Guide, as applicable.

"Reserve Fund":  The

fund established either by the Authority or by a Municipality directly or through

its LAA to provide a source of funds if the Annual Receipts are not sufficient

to provide adequate funding for existing Commitments.

"RFP":  A request for

proposals by an Agency soliciting Applications from LAAs or Developers.

"RHS Program Act":  The

Rental Housing Support Program Act [310 ILCS 105].

"RHS Program":  The

Rental Housing Support Program authorized by the RHS Program Act.

"Rural Area":  All areas

of the State not specifically included in any other Geographic Area.

"Service Area":  The

geographic boundaries of the area to be served by an LAA.

"Severely Low-Income Household":

A Household whose Annual Income is less than or equal to 15% of the Median Income.

"Small Metropolitan Areas":

The Geographic Areas that include the municipalities of Bloomington-Normal,

Champaign-Urbana, Decatur, DeKalb, Moline, Pekin, Peoria, Rantoul, Rockford,

Rock Island and Springfield, and the counties of Madison and St. Clair.

"Special Needs

Households":  Households that are homeless or imminently at risk of

becoming homeless; that are, or are imminently at risk of, living in

institutional settings because of the unavailability of suitable housing; or

that have one or more members with disabilities, including but not limited to

physical disabilities, developmental disabilities, mental illness or HIV/AIDS.

"Suburban Areas":  The Geographic

Areas that include the counties of Cook (excluding Chicago), DuPage, Kane, Lake, McHenry, and Will.

"State":  The State of Illinois

stitutional settings because of the unavailability of suitable housing; or

that have one or more members with disabilities, including but not limited to

physical disabilities, developmental disabilities, mental illness or HIV/AIDS.

"Suburban Areas":  The Geographic

Areas that include the counties of Cook (excluding Chicago), DuPage, Kane, Lake, McHenry, and Will.

"State":  The State of Illinois.

"State Median Income":  The

State Median Income published by the U.S. Census Bureau in the most current

decennial census.

"Tenant":

A Household occupying a Unit.

"Tenant Bill of Rights":

Information LAAs and Developers are required to provide to Tenants concerning

how to contact the LAA; local Landlord-Tenant laws and procedures; the housing

rights of persons with disabilities; how to contact the local agency or

agencies administering local Landlord-Tenant laws and procedures or protecting

or promoting these housing rights of persons with disabilities; eligibility

requirements for participating in the RHS Program; and the rights and

responsibilities of prospective Tenants before occupancy of a Unit.

"Tenant Contribution":  The

portion of the monthly rent for a Unit to be paid by the Tenant, which shall be

one-twelfth of approximately 30% of the median of the Income Range

in which the Tenant's Annual Income falls, adjusted for Unit size.

"Tenant Income Certification":

The form:

prescribed by the

Authority; and

to be used by Landlords and Developers

in determining and reporting a Tenant's Annual Income to an LAA or an Agency,

as applicable.

"Tenant Selection Plan":

The written plan prepared by a Landlord or a Developer and approved by the LAA

or an Agency, as applicable, that governs the selection of Tenants for a Unit.

"Transitional Contribution":

The Tenant Contribution for Tenants whose income has exceeded the income limit

for Extremely Low-Income Households.

"Unit":  A rental

housing Unit receiving Rental Assistance through an Allocation

on Plan":

The written plan prepared by a Landlord or a Developer and approved by the LAA

or an Agency, as applicable, that governs the selection of Tenants for a Unit.

"Transitional Contribution":

The Tenant Contribution for Tenants whose income has exceeded the income limit

for Extremely Low-Income Households.

"Unit":  A rental

housing Unit receiving Rental Assistance through an Allocation.  A Unit may be

a single-family dwelling or a Unit in a multifamily dwelling.  Housing Units

intended as transitional or temporary housing do not qualify as Units.