TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 360
AFFORDABLE HOUSING PROGRAM
SECTION 360.101 AUTHORITY
Section 360.101 Authority
This Part is authorized by and
made pursuant to the Illinois Affordable Housing Act [310 ILCS 65] and shall
govern the Program.
(Source: Amended at 18 Ill. Reg. 8663, effective May 25, 1994)
 | TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 360
AFFORDABLE HOUSING PROGRAM
SECTION 360.102 PURPOSE AND OBJECTIVES
Section 360.102 Purpose and
Objectives
This Part is established to
accomplish the general purposes of the Affordable Housing Act and in particular
the making of grants, mortgages or other loans to acquire, construct,
rehabilitate, develop, operate, insure and retain affordable Single-Family Housing
and Multifamily Housing for Low-Income Households and Very Low-Income
Households.
(Source: Amended at 15 Ill. Reg. 17088, effective November 19, 1991)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 360
AFFORDABLE HOUSING PROGRAM
SECTION 360.103 DEFINITIONS
Section 360.103 Definitions
As used in this Part, the
following words or terms mean:
"Act":
The Illinois Housing Development Act [20 ILCS 3805].
"Advisory
Commission": The Affordable Housing Advisory Commission.
"Affordable
Housing": Residential housing that, so long as the same is occupied by
Low-Income Households or Very Low-Income Households, requires payment of
monthly housing costs, including utilities other than telephone, of no more
than 30% of the maximum allowable income as stated for such households as set
forth in Section 360.904(b)(1) and (2) of this Part.
"Affordable
Housing Act": The Illinois Affordable Housing Act [310 ILCS 65].
"Affordable
Housing Bond Program Rules": 47 Ill. Adm. Code 365.
"Affordable
Housing Program Trust Fund Bonds or Notes": The bonds or notes issued by
the Authority under the Act to further the purposes of the Affordable Housing
Act.
"Applicant":
The person or entity applying for an allocation of monies from the Trust Fund.
An individual applying for funds to acquire, rehabilitate, construct or finance
a Single-Family Development that is or would be owned or occupied by such
individual may not be an Applicant.
"Authority":
The Illinois Housing Development Authority.
"Clearinghouse":
The person in the Office of the Governor designated by the Governor to provide
notice to appropriate State and local agencies of proposed Developments or
Single-Family Developments.
"Development":
A Multi-family Housing project consisting of the Real Estate, together with all
improvements, buildings, equipment, and personal property appurtenant thereto.
"Director":
The Director of the Authority.
"Grant":
A grant from the Authority to a Recipient to be used in connection with a
Development or Single-Family Development.
"Loan":
A loan from the Authority to a Recipient to be used in connection with a Development
or Single-Family Development.
"Low-Income
Household": A single person, family or unrelated persons living together
whose adjusted income is more than 50%, but less than 80%, of the median income
of the area of residence, adjusted for family size, as such adjusted income and
median income for the area are determined from time to time by the United
States Department of Housing and Urban Development for purposes of Section 8 of
the United States Housing Act of 1937 (42 USC 1437).
"Members":
The Members of the Authority.
"Multi-family
Housing": A building or buildings providing housing to 5 or more
households.
"Note":
The document executed as evidence of a Borrower's indebtness under a Loan and
any supplements thereto and modifications or amendments thereof.
"Part":
This Part 360.
"Participant
Selection Plan": The participant selection plan approved by the Authority
for a Single-Family Development.
"Program":
The Illinois Affordable Housing Program.
"Real
Estate": The real property upon which a Development or Single-Family
Development is to be or has been constructed.
"Recipient":
An individual, proprietorship, partnership, for-profit corporation,
not-for-profit corporation, unit of local government, the Illinois Housing Development
Authority, or the entity that holds legal title to the Development or
Single-Family Development, or when the Development is held in a Trust, the
entity owning the beneficial interest in a Trust that receives Trust Fund
Monies from the Authority.
"Rules":
The rules and regulations of the Authority as supplemented and amended from
time to time.
"Single-Family
Development": A Single-Family Housing project consisting of the Real
Estate, together with all improvements, buildings, equipment, and personal
property appurtenant thereto.
"Single-Family
Housing": A building containing one to 4 dwelling units, including a
mobile home as defined in subsection (b) of Section 3 of the Mobile Home
Landlord and Tenant Rights Act [765 ILCS 745/3].
"Staff":
The Director and the employees of the Authority.
"State":
The State of Illinois.
"Tenant":
The person, family or unrelated persons leasing a Single-Family Development or
a dwelling unit in a Development.
"Tenant
Selection Plan": The tenant selection plan approved by the Authority for
a Development.
"Trust":
The Illinois land trust which holds legal title to a Development or
Single-Family Development.
"Trustee":
The trustee of a Trust holding legal title to a Development.
"Trust
Fund": The Illinois Affordable Housing Trust Fund.
"Trust
Fund Monies": All monies, deposits, revenues, income, interest,
dividends, receipts, taxes, proceeds and other amounts or funds deposited or to
be deposited in the Trust Fund pursuant to Section 5(b) of the Affordable
Housing Act and any proceeds, investments or increases thereof.
"Utility
Allowance": The cost of utilities, except telephone, based on reasonable
consumption of these utilities.
"Very
Low-Income Household": A single person, family or unrelated persons
living together whose adjusted income is not more than 50% of the median income
of the area of residence, adjusted for family size, as such adjusted income and
median income for the area are determined from time to time by the United States
Department of Housing and Urban Development for purposes of Section 8 of the
United States Housing Act of 1937 (42 USC 1437).
(Source: Amended at 25 Ill. Reg. 12621, effective September 20, 2001)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 360
AFFORDABLE HOUSING PROGRAM
SECTION 360.104 BORROWING BY THE AUTHORITY
Section 360.104 Borrowing by
the Authority
To the extent allowed by the Act
and the Affordable Housing Act, the Authority may borrow funds in connection
with the Program.
(Source: Amended at 18 Ill. Reg. 8663, effective May 25, 1994)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 360
AFFORDABLE HOUSING PROGRAM
SECTION 360.105 COMPLIANCE WITH FEDERAL LAW
Section 360.105 Compliance
with Federal Law
Notwithstanding anything herein
to the contrary, this Part shall be construed in conformity and compliance with
applicable Federal law.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 360
AFFORDABLE HOUSING PROGRAM
SECTION 360.106 STANDARDS - CRITERIA
Section 360.106 Standards −
Criteria
In administering the Program,
the Authority and the Staff shall, in the exercise of discretion, consider, in
addition to the criteria specifically set forth in this Part;
a) the purposes of the Program to provide affordable, decent,
safe and sanitary housing, whether through the making of a Loan, a Grant or the
use of Trust Fund Monies pursuant to Sections 8(b), (c), (d) and 9 of the Act;
b) the requirements of applicable State and Federal law;
c) the financial condition and previous experience of the
Applicant;
d) local government and community support for the Development or
Single-Family Development;
e) suitability of the location of the Development or
Single-Family Development;
f) cost efficiency;
g) energy efficiency;
h) affordability to Low-Income Households and Very Low-Income
Households;
i) amount of Trust Fund Monies requested per unit;
j) term of the Loan and other sources of financing;
k) secured position of the Loan;
l) equity contribution of Applicant;
m) amount and appropriateness of non-construction costs; and
n) results of site and market study, or rental analysis, if
applicable.
(Source: Amended at 18 Ill. Reg. 8663, effective May 25, 1994)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 360
AFFORDABLE HOUSING PROGRAM
SECTION 360.107 FORMS AND PROCEDURES FOR THE PROGRAM
Section 360.107 Forms and
Procedures for the Program
The Staff may prepare, use,
supplement, and amend such forms, agreements, and other documents and such
procedures as may be necessary to implement the Program, all as may be
prescribed by the Director.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 360
AFFORDABLE HOUSING PROGRAM
SECTION 360.108 FEES AND CHARGES OF THE AUTHORITY
Section 360.108 Fees and
Charges of the Authority
In connection with the Program,
the Authority may establish and collect such fees and charges as may be
necessary. Such fees and charges shall be deposited in the Trust Fund.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 360
AFFORDABLE HOUSING PROGRAM
SECTION 360.109 WAIVER (REPEALED)
Section 360.109 Waiver
(Repealed)
(Source: Repealed at 22 Ill. Reg. 4321, effective February 4, 1998)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 360
AFFORDABLE HOUSING PROGRAM
SECTION 360.110 AMENDMENT
Section 360.110 Amendment
This Part may be supplemented,
amended, or repealed by the Members, after consultation with the Advisory
Commission, from time to time and in such manner as they may determine
consistent with this Part, the Act, the Affordable Housing Act and other applicable
provisions of law. This Part shall not constitute or create any contractual
rights.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 360
AFFORDABLE HOUSING PROGRAM
SECTION 360.111 SEVERABILITY
Section 360.111 Severability
If any clause, sentence,
paragraph, subsection, section, or subpart of this Part be adjudged by any
court of competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in its operation
to the clause, sentence, paragraph, subsection, section, or subpart thereof as
to which such judgment is rendered.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 360
AFFORDABLE HOUSING PROGRAM
SECTION 360.112 GENDER AND NUMBER
Section 360.112 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.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 360
AFFORDABLE HOUSING PROGRAM
SECTION 360.113 TITLES AND CAPTIONS
Section 360.113 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.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 360
AFFORDABLE HOUSING PROGRAM
SECTION 360.114 CALENDAR DAYS
Section 360.114 Calendar
Days
Days shall mean calendar days.
Due dates falling on a Saturday, Sunday, or a 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.
(Source: Amended at 18 Ill. Reg. 8663, effective May 25, 1994)
SUBPART B: USES
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 360
AFFORDABLE HOUSING PROGRAM
SECTION 360.201 RECIPIENTS
Section 360.201 Recipients
Only entities that are
Recipients are eligible to receive funds under the Program.
(Source: Amended at 18 Ill. Reg. 8663, effective May 25, 1994)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 360
AFFORDABLE HOUSING PROGRAM
SECTION 360.202 BENEFICIARIES
Section 360.202
Beneficiaries
Funds from the Trust Fund may be
expended for the benefit of Low Income Households and Very Low Income
Households. The majority of funds appropriated by the Illinois General
Assembly to the Trust Fund for each fiscal year shall be expended for the benefit
of Very Low-Income Households.
(Source: Amended at 18 Ill. Reg. 8663, effective May 25, 1994)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 360
AFFORDABLE HOUSING PROGRAM
SECTION 360.203 PERMITTED USES OF TRUST FUND MONIES
Section 360.203 Permitted
Uses of Trust Fund Monies
Trust Fund Monies may be used
for the following purposes:
a) to make secured, unsecured or deferred repayment Loans;
b) to make zero percent or low interest Loans;
c) to make Grants, payments or subsidies for the acquisition,
construction, rehabilitation, development, operation, insurance or retention of
Developments or Single-Family Developments or to pay predevelopment expenses;
d) to purchase mortgage participation certificates representing
an undivided interest in specified, first-lien conventional residential
Illinois mortgages which are underwritten, insured, guaranteed or purchased by
the Federal Home Loan Mortgage Corporation;
e) to be used in investments which reduce the risk associated
with fluctuations in interest rates or the market price of investments or any
other investments which are lawful for other fiduciaries in the State to make;
f) to provide assistance for Developments which are occupied
partly by Low-Income Households and Very-Low Income Households and partly by
households not qualifying as Low-Income Households and Very Low-Income
Households;
g) to purchase first and second mortgages;
h) to make Grants for the provision of technical assistance,
outreach and building of an Applicant's capacity to develop Affordable Housing;
i) to pay fees of the Program Administrator not to exceed the
amount appropriated by the General Assembly each fiscal year in connection with
the operation of the Program; and
j) to be held, pledged, applied or dedicated pursuant to
Sections 8(b), (c), (d) and 9 of the Affordable Housing Act in connection with
Affordable Housing Program Trust Fund Bonds or Notes issued pursuant to the
Act. Trust Fund Monies used pursuant to this subsection 360.203(j) shall be
governed by the Affordable Housing Bond Program Rules.
(Source: Amended at 23 Ill. Reg. 3692, effective March 15, 1999)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 360
AFFORDABLE HOUSING PROGRAM
SECTION 360.204 MARKET RATE DEVELOPMENTS
Section 360.204 Market Rate
Developments
Pursuant to Section 10(d) of the
Affordable Housing Act the Authority may provide assistance for Developments
which are to be occupied partly by Low-Income Households or Very Low-Income
Households provided that the number of units to be occupied by Low-Income
Households or Very-Low Income Households shall be acceptable to the Authority,
in its sole discretion, and shall be in compliance with any Federal law and the
regulations promulgated thereunder, if applicable.
(Source: Added at 18 Ill. Reg. 8663, effective May 25, 1994)
SUBPART C: APPLICATION
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 360
AFFORDABLE HOUSING PROGRAM
SECTION 360.301 APPLICATION
Section 360.301 Application
Applicants seeking monies from
the Trust Fund shall submit to the Authority a completed application form
prescribed by the Authority together with a nonrefundable application fee. The
application fee for for-profit Applicants shall be $500. The application fee
for all other Applicants shall be $250.
(Source: Amended at 18 Ill. Reg. 8663, effective May 25, 1994)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 360
AFFORDABLE HOUSING PROGRAM
SECTION 360.302 FORM
Section 360.302 Form
The Authority shall develop an
application form to be used by all Applicants.
(Source: Amended at 15 Ill. Reg. 17088, effective November 19, 1991)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 360
AFFORDABLE HOUSING PROGRAM
SECTION 360.303 REVIEW
Section 360.303 Review
Upon receipt of a completed
application the Staff shall determine whether the application meets the
eligibility requirements of Subpart B of this Part; and, whether all other
requirements of this Part and the Affordable Housing Act are met. If the Staff
determines that the application fails to meet any of these requirements, the
Authority shall notify the Applicant in writing within sixty days after receipt
of the application by the Authority.
(Source: Amended at 18 Ill. Reg. 8663, effective May 25, 1994)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 360
AFFORDABLE HOUSING PROGRAM
SECTION 360.304 INITIAL CONTACT
Section 360.304 Initial
Contact
If the Authority determines that
the application meets the requirements of this Part and the Affordable Housing
Act, the Staff shall contact the Applicant to discuss what additional
information, if any, is required in order to allow Staff to make a recommendation
on the application to the Advisory Commission.
(Source: Amended at 18 Ill. Reg. 8663, effective May 25, 1994)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 360
AFFORDABLE HOUSING PROGRAM
SECTION 360.305 SITE AND MARKET STUDY/RENTAL ANALYSIS
Section 360.305 Site and
Market Study/Rental Analysis
The Authority may conduct a site
and market study when the Applicant seeks funds for new construction. The
Authority shall conduct a site and market study or rental analysis when the
Applicant's proposed rent structure is not in conformity with the rental market
rates known to the Authority within a one half mile radius of the Development.
(Source: Amended at 18 Ill. Reg. 8663, effective May 25, 1994)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 360
AFFORDABLE HOUSING PROGRAM
SECTION 360.306 FEASIBILITY DETERMINATION (REPEALED)
Section 360.306 Feasibility
Determination (Repealed)
(Source: Repealed at 15 Ill. Reg. 17088, effective November 19, 1991)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 360
AFFORDABLE HOUSING PROGRAM
SECTION 360.307 STAFF RECOMMENDATION
Section 360.307 Staff
Recommendation
After reviewing the application,
the Staff shall prepare a recommendation for presentation to the Advisory
Commission. The Staff shall inform the Advisory Commission, as to each
application, whether an application is being recommended for funding, not recommended
for funding or rejected due to being ineligible for funding.
(Source: Amended at 15 Ill. Reg. 17088, effective November 19, 1991)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 360
AFFORDABLE HOUSING PROGRAM
SECTION 360.308 ADVISORY COMMISSION
Section 360.308 Advisory
Commission
The Staff will present its
recommendation on each application to the Advisory Commission, together with a
summary of the application and any other information provided by Staff in
response to the Advisory Commission's requests.
(Source: Amended at 15 Ill. Reg. 17088, effective November 19, 1991)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 360
AFFORDABLE HOUSING PROGRAM
SECTION 360.309 AUTHORITY DETERMINATION
Section 360.309 Authority
Determination
The Staff shall present all
positive recommendations for funding of the Advisory Commission to the
Members. Monies from the Trust Fund can only be allocated pursuant to
resolution by the Members.
(Source: Amended at 18 Ill. Reg. 8663, effective May 25, 1994)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 360
AFFORDABLE HOUSING PROGRAM
SECTION 360.310 CONDITIONAL COMMITMENT
Section 360.310 Conditional
Commitment
After approval of an application
by the Members, the Staff shall prepare and deliver to the Applicant a
conditional commitment which contains the Authority's commitment to allocate
Trust Fund Monies conditioned upon the Applicants meeting the requirements of
the conditional commitment and the availability of monies in the Trust Fund.
The conditional commitment shall expire, if unfunded, within one year from the
date of issuance.
(Source: Amended at 18 Ill. Reg. 8663, effective May 25, 1994)
SUBPART D: NOTICE
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 360
AFFORDABLE HOUSING PROGRAM
SECTION 360.401 NOTIFICATION BY AUTHORITY
Section 360.401 Notification
by Authority
a) Notice of Allocation
Prior to the presentation of an application to the Members,
the Authority shall give written notice of the proposed allocation to the
following persons and agencies:
1) the chairman of the county board of the county in which the
proposed Development or Single-Family Development is to be located;
2) the mayor or other chief executive of the municipality, if
any, in which the proposed Development or Single-Family Development is to be
located;
3) the appropriate Clearinghouses; and
4) each member of the General Assembly from the legislative
district in which the proposed Development or Single-Family Development is to
be located.
If the application does not request Trust Fund Monies for a
specific Development or Single-Family Development, the notice will be sent
based on the location of the Applicant.
b) Forms
Notice under this Section shall be made on forms prepared by
the Authority.
c) Contents
The notice shall set forth the name and address of the
Applicant; the estimated amount of the proposed allocation; if applicable, the
name and address of the proposed Development or Single-Family Development; type
of any subsidies; the total number of units; and the type of Development or
Single-Family Development (for example, elderly, family, or handicapped).
d) The notification required by this Section shall be satisfied
if another governmental entity provides public notice of an application in a
manner acceptable to the Authority.
(Source: Amended at 23 Ill. Reg. 3692, effective March 15, 1999)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 360
AFFORDABLE HOUSING PROGRAM
SECTION 360.402 COMMENTS AND RESPONSES
Section 360.402 Comments and
Responses
a) Comments
The persons
and agencies receiving notice pursuant to Section 360.401 shall have 30 days
from the date of mailing to submit written comments to the Applicant.
b) Applicant's Response
The Applicant
shall respond in writing to all comments received under this Section, as well
as to any other written comments received by the Applicant, and shall provide
copies of all comments and responses to the Authority.
c) The Members shall consider all comments received pursuant to
this Section when making their determination.
SUBPART E: RECIPIENT
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 360
AFFORDABLE HOUSING PROGRAM
SECTION 360.501 ELIGIBLE APPLICANTS (REPEALED)
Section 360.501 Eligible
Applicants (Repealed)
(Source: Repealed at 18 Ill. Reg. 8663, effective May 25, 1994)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 360
AFFORDABLE HOUSING PROGRAM
SECTION 360.502 LAND TRUSTS
Section 360.502 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
Recipient shall be in a format approved by the Authority. The Authority shall
approve such format only if it meets the legal requirement necessary to create
a valid Illinois land trust.
(Source: Amended at 18 Ill. Reg. 8663, effective May 25, 1994)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 360
AFFORDABLE HOUSING PROGRAM
SECTION 360.503 BOOKS AND RECORDS
Section 360.503 Books and
Records
The books and records of the
Development and the Recipient shall be subject to inspection, examination, and
copying by the Authority and its authorized representatives or agents at such
times as the Authority reasonably requires for the purpose of determining
compliance with the Rules, the Act, the Affordable Housing Act and all
contracts and agreements relating to the Program.
(Source: Amended at 18 Ill. Reg. 8663, effective May 25, 1994)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 360
AFFORDABLE HOUSING PROGRAM
SECTION 360.504 AUDITS
Section 360.504 Audits
The architectural plans and
specifications, apparatuses, devices, books and records, contracts, documents,
and other papers relating thereto of the Development or Single-Family
Development shall at all times be maintained in reasonable condition for proper
audit and shall be subject to inspection, examination, and copying by the
Authority and its authorized representatives or agents at such times as the
Authority reasonably requires. All audits, certifications, and financial
reports which the Recipient is required by contract with the Authority to
allow, undertake, or prepare shall be made by an independent certified public
accountant acceptable to the Authority.
(Source: Amended at 15 Ill. Reg. 17088, effective November 19, 1991)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 360
AFFORDABLE HOUSING PROGRAM
SECTION 360.505 ANNUAL FINANCIAL REPORT
Section 360.505 Annual
Financial Report
The Recipient shall furnish the
Authority with a complete annual financial report based upon the books and
records of the Development and the Recipient, prepared in accordance with
Authority requirements, and certified by the Recipient. If the allocation is
made to a Recipient to be disbursed or used for more than one Development or
Single-family Development, the Authority shall require the Recipient to submit
a complete annual financial report prepared in accordance with Authority
requirements.
(Source: Amended at 18 Ill. Reg. 8663, effective May 25, 1994)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 360
AFFORDABLE HOUSING PROGRAM
SECTION 360.506 FURNISHING INFORMATION
Section 360.506 Furnishing
Information
The Recipient shall furnish such
reports, projections, certifications, analyses, budget, operating report and
tax returns as required by applicable Federal, State or local statutes,
regulations, or subsidy or assistance programs or by the Authority, and shall
furnish specific answers to the Authority's questions about the Recipient's
income, assets, liabilities, and contracts and, if applicable, about the
administration, operation, maintenance, occupancy, financial soundness, and
physical condition of the Development or Single-Family Development.
(Source: Amended at 18 Ill. Reg. 8663, effective May 25, 1994)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 360
AFFORDABLE HOUSING PROGRAM
SECTION 360.507 STANDARDS FOR APPROVAL OF CONVEYANCE
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 power of direction over the Trust,
or any partnership interest or stock ownership interest in the beneficiary of
the Trust, the Authority shall grant such approval, with any necessary
restrictions, only if the Authority determines that such action will not have
an adverse impact upon the financial stability of the Development or
Single-Family Development.
(Source: Amended at 18 Ill. Reg. 8663, effective May 25, 1994)
SUBPART F: LOANS AND GRANTS
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 360
AFFORDABLE HOUSING PROGRAM
SECTION 360.601 MAXIMUM LOAN AMOUNT AND PRIORITY
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: Amended at 23 Ill. Reg. 8819, effective July 26, 1999)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 360
AFFORDABLE HOUSING PROGRAM
SECTION 360.602 MAXIMUM GRANT AMOUNT
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 to for-profit
entities. All other provisions of this Part apply to Grants made by the
Authority.
(Source: Amended at 23 Ill. Reg. 8819, effective July 26, 1999)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 360
AFFORDABLE HOUSING PROGRAM
SECTION 360.603 INCREASE ABOVE MAXIMUM LOAN OR GRANT AMOUNT
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 is necessary to meet the purposes of
the Affordable Housing Act. In deciding whether to approve a Loan or Grant
increase, the Authority shall consider the physical condition of the
Development or Single-Family Development, the value of the Development or
Single-Family Development as security for the Loan, if applicable, the
Authority's ability to provide such Loan or Grant increase, the ability of the
Recipient to repay the Loan and Loan increase out of gross income of the
Development or Single-Family Development, the financial status of the Development
or Single-Family Development and any other relevant factors.
(Source: Amended at 18 Ill. Reg. 8663, effective May 25, 1994)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 360
AFFORDABLE HOUSING PROGRAM
SECTION 360.604 AMORTIZATION
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)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 360
AFFORDABLE HOUSING PROGRAM
SECTION 360.605 RECAPTURE OF ASSISTANCE
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 requirements, such violation
shall be deemed a default under the Loan documents.
(Source: Amended at 15 Ill. Reg. 17088, effective November 19, 1991)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 360
AFFORDABLE HOUSING PROGRAM
SECTION 360.606 PREPAYMENT OF LOAN
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 the time of the prepayment;
b) the Development being converted to condominiums or
cooperatives; or
c) a conflict with the Authority's goal of providing affordable
housing.
The Authority may allow the
prepayment of a Loan for a Development if the Authority determines that the
prepayment is in the best interest of the community in which the Development is
located.
(Source: Amended at 25 Ill. Reg. 12621, effective September 20, 2001)
SUBPART G: CONSTRUCTION
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 360
AFFORDABLE HOUSING PROGRAM
SECTION 360.701 DESIGN AND CONSTRUCTION STANDARDS
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, and codes, with industry practices
in Illinois, and with the requirements of applicable Authority Rules,
contracts, agreements, guides, and other documents.
(Source: Amended at 15 Ill. Reg. 17088, effective November 19, 1991)
SUBPART H: MARKETING AND MANAGEMENT
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 360
AFFORDABLE HOUSING PROGRAM
SECTION 360.801 MARKETING AND MANAGEMENT
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 financial stability of the Development or Single-Family
Development and to preserve the value of the Authority's security interest in
the Development or Single-Family Development.
b) All marketing and management plans shall be acceptable to the
Authority pursuant to Section 360.802.
(Source: Amended at 18 Ill. Reg. 8663, effective May 25, 1994)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 360
AFFORDABLE HOUSING PROGRAM
SECTION 360.802 MARKETING AND MANAGEMENT PLANS
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 management of the Development or Single-Family Development. In
deciding whether to approve such plans, the Authority shall consider: the
purposes of the Program; the provisions of the Tenant Selection Plan or
Participant Selection Plan; any applicable Federal and State statutes and
regulations; and any other relevant matters.
b) Contents of Marketing Plan. The marketing plan shall set
forth: the policies and procedures to be used in marketing; shall address the
qualifications of the marketing agent; the nature of the market; the dates of
availability of occupiable units by type and location; the dates of
availability and locations of facilities essential to the marketing campaign,
including model units, the rental office, and the community building;
compliance with all Federal, State and local fair housing requirements; and the
promotion of the Development or Single-Family Development, including the use of
mass media, public relations, brochures, signs, equipment and furnishings for
model units and the rental office, and marketing staff.
c) Contents of Management Plan. The management plan shall set
forth the policies and procedures to be used in the management of the
Development and shall, if applicable, address the qualifications of the
managing agent, procedures for recruiting and supervising management personnel,
and physical maintenance of the Development.
d) Responsibility. The Recipient shall be responsible for
ensuring the marketing agent's and the managing agent's compliance with all
applicable Federal, State and local ordinances, regulations, statutes, and
Authority Rules, agreements, and requirements.
(Source: Amended at 18 Ill. Reg. 8663, effective May 25, 1994)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 360
AFFORDABLE HOUSING PROGRAM
SECTION 360.803 MAINTENANCE
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 related to the
Development or Single-Family Development, in a decent, safe, and sanitary
condition, in a tenantable and rentable state of repair, and in compliance with
applicable Federal, State, and local statutes, regulations, ordinances,
standards and codes.
(Source: Amended at 18 Ill. Reg. 8663, effective May 25, 1994)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 360
AFFORDABLE HOUSING PROGRAM
SECTION 360.804 COST OF SERVICE
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 required by the
applicable Authority Rules and agreements, the requirements of the marketing
plan, management plan, Participant Selection Plan, Tenant Selection Plan, the
uniqueness or quality of available services or supplies, the presence of an
emergency or other time constraint, the creditworthiness of suppliers and
contractors, and any other relevant factors.
(Source: Amended at 18 Ill. Reg. 8663, effective May 25, 1994)
SUBPART I: TENANTS AND OCCUPANCY
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 360
AFFORDABLE HOUSING PROGRAM
SECTION 360.901 DISPLACEMENT
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. 8663, effective May 25, 1994)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 360
AFFORDABLE HOUSING PROGRAM
SECTION 360.902 RELOCATION PLAN
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 permanent displacement of Tenants. In deciding
whether to approve such plans, the Authority shall consider: the purposes of
the Program; the provisions of the Tenant Selection Plan or Participant
Selection Plan; any applicable Federal and State statutes and regulations; and
any other relevant matters.
b) Benefits Provided For in the Relocation Plan. The benefits
provided for in the relocation plan shall be available only to lawful
residential Tenants (not owner-occupants or businesses) who are temporarily
relocated or permanently displaced following submission of the Applicant's
application for Trust Fund Monies or Applicant's control of the site, whichever
comes later. The benefits provided for under the relocation plan shall not be
available to Tenants if: the Tenant commences occupancy after the Applicant's
application for Trust Fund Monies or Applicant's control of the site, whichever
comes later, provided such Tenant receives written notice of the impending
rehabilitation and possible relocation or displacement prior to executing the
lease; the Tenant has his/her tenancy terminated for violations of the terms
and conditions of the lease, a violation of applicable Federal, State or local
law, or other good cause; the Tenant is rejected for continued occupancy by the
Recipient for reasons stated in the Tenant Selection Plan or Participant
Selection Plan; the Tenant moves from the Development or Single-Family
Development of his/her own accord or moves from the Development or
Single-Family Development after receiving written notice of the impending
rehabilitation; or other good cause exists to deny benefits as determined by
the Authority. However, Tenants who are rejected by Recipient for continued
occupancy in the Development or Single-Family Development for reasons
concerning family size restrictions or inability to afford rent levels charged
after rehabilitation shall be eligible for permanent displacement benefits
under the relocation plan.
c) Contents of the Relocation Plan. The relocation plan shall
set forth the policies and procedures to be used by the Applicant in
temporarily relocating or permanently displacing Tenants including, but not
limited to: provisions detailing the responsibilities of the Authority, the
Applicant and, if applicable, its managing agent; the basic actions to be taken
in the relocation program; the acceptance and rejection criteria for
determining eligibility for temporary relocation and permanent displacement
benefits; the information to be provided to Tenants regarding the relocation
program; provisions providing for determining Tenants' relocation needs; a
description of relocation benefits; and, provisions detailing the
implementation of the relocation plan, including a timetable for activities
under the plan.
d) Enforcement of Relocation Plan. The Recipient is responsible
for assuring that all the relocation requirements are met. The Authority,
except in those cases where another governmental agency has a regulatory
requirement to do so, will monitor the relocation activities to determine
compliance with the requirements of this Section. To enforce the provisions of
this Section, the Authority may take whatever action is available under this
Subpart I or the Loan or Grant documents, including the withholding of any
Trust Fund Monies due Recipient.
(Source: Amended at 18 Ill. Reg. 8663, effective May 25, 1994)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 360
AFFORDABLE HOUSING PROGRAM
SECTION 360.903 TENANT SELECTION PLAN AND PARTICIPANT SELECTION PLAN
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 forth the income limits for Tenants. In approving
the Tenant Selection Plan or Participant Selection Plan, the Authority shall:
consider whether the selection procedures will be equitable considering the
family size and circumstances of the Tenant; maintain the financial stability
of the Development or Single-Family Development; meet the requirements of
Section 360.905 of this Part; and comply with the Authority's Rules.
(Source: Amended at 18 Ill. Reg. 8663, effective May 25, 1994)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 360
AFFORDABLE HOUSING PROGRAM
SECTION 360.904 INCOME AND HOUSING EXPENSE LIMITS
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) below. If a Tenant meeting income requirements at the time of
initial occupancy subsequently fails to continue to meet such requirements,
that failure shall not constitute non-compliance by that Tenant.
b) Determination of Income Limits
1) For all units in a Development, or a Single-Family
Development, reserved for Low-Income Households, the income limits shall be
equal to 80% of the median family income with adjustments for family size, for
the area in which the Development or Single-Family Development is located, as
such median income is determined from time to time by the United States
Department of Housing and Urban Development for purposes of Section 8 of the
United States Housing Act of 1937 (42 U.S.C. 1437). The median income of the
area of residence shall be attached to each application provided by the
Authority and additionally shall be available upon request.
2) For all units in a Development, or a Single-Family
Development, reserved for Very Low-Income Households, the income limits shall
be equal to 50% of the median family income with adjustments for family size,
for the area in which the Development or Single-Family Development is located,
as such median income is determined from time to time by the United States
Department of Housing and Urban Development for purposes of Section 8 of the
United States Housing Act of 1937 (42 U.S.C. 1437). The median income of the
area of residence shall be attached to each application provided by the
Authority and additionally shall be available upon request.
3) The Recipient shall obtain from each prospective Tenant
intending to occupy a unit in a Development, or a Single-Family Development,
reserved for Low-Income Households and Very Low-Income Households, and on an
annual basis thereafter, a certification of income. The Recipient shall submit
such certification to the Authority by mail.
c) Determination of Housing Expense Limits
1) For all units in a Development, or a Single-Family
Development, reserved for Low-Income Households, Tenant(s) shall not incur,
including a Utility Allowance, monthly housing expenses in excess of 30% of the
maximum allowable income as set forth in subsection (b)(1) above. The amount
allocated for the Utility Allowance shall be proposed by the Applicant and
approved by the Authority.
2) For all units in a Development, or a Single-Family
Development, reserved for Very Low-Income Households, Tenant(s) shall not
incur, including a Utility Allowance, monthly housing expense in excess of 30%
of the maximum allowable income as set forth in subsection (b)(2) above. The
amount allocated for the Utility Allowance shall be proposed by the Applicant
and approved by the Authority.
3) The Recipient shall submit on an annual basis the rent
schedule for the Development reflecting the actual rents being charged at the
Development.
4) No person or family shall be required to vacate or move from a
unit in a Development or Single-Family Development reserved for Low-Income
Households or Very Low-Income Households due to an increase in income exceeding
the income limitations contained in this Subpart I. The Recipient may increase
the rent for such units, for so long as the person or family's income exceeds
such limits, to an amount not to exceed the fair market rent as determined by
the Authority, determined by a market study of comparable rental units within a
one half mile radius of the Development.
(Source: Amended at 18 Ill. Reg. 8663, effective May 25, 1994)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 360
AFFORDABLE HOUSING PROGRAM
SECTION 360.905 NON-DISCRIMINATION
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 status, disability, or
unfavorable military discharge.
(Source: Amended at 18 Ill. Reg. 8663, effective May 25, 1994)
SUBPART J: ENERGY EFFICIENCY
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 360
AFFORDABLE HOUSING PROGRAM
SECTION 360.1001 STANDARDS
Section 360.1001 Standards
All Developments receiving
assistance from the Trust Fund for construction and rehabilitation shall comply
with the provisions of 47 Ill. Adm. Code 310. Subpart I.
SUBPART K: CERTIFICATIONS
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 360
AFFORDABLE HOUSING PROGRAM
SECTION 360.1101 ENVIRONMENTAL ASSESSMENT
Section 360.1101
Environmental Assessment
Prior to the making of a Loan or
Grant under the Program, the Authority may 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 the Authority, of the
proposed Development undertaken by an environmental consultant approved in
advance by the Authority. The Authority may, at its election, commission such
assessment. The environmental assessment shall, at a minimum, consist of a
review of historic activities on the Real Estate and current conditions of the
Real Estate which identify potential violations of applicable environmental
laws. If the results of the Phase I environmental assessment disclose the
presence of any hazardous substance as described at Section 101(14) of the
Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C.
9601(14)), or any other adverse environmental conditions, as determined by the
Authority, then the Authority may deny the application or the funding of the
Loan or Grant. The Authority may elect, as a condition to further review of
the application or to the making of the Loan or Grant, as the case may be, that
the Applicant shall conduct or authorize the Authority to conduct on the
Applicant's behalf a Phase II comprehensive environmental assessment certified
to the Authority by an environmental consultant approved in advance by the
Authority. This Phase II assessment may consist of sampling, lab analysis and
an estimate of the magnitude of environmental problems, as well as costs
involved in site cleanup. The Applicant shall pay the costs of all such
assessments, and the costs may, at the sole discretion of the Authority, be
payable out of Loan or Grant proceeds.
(Source: Amended at 18 Ill. Reg. 8663, effective May 25, 1994)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 360
AFFORDABLE HOUSING PROGRAM
SECTION 360.1102 OTHER LAWS
Section 360.1102 Other Laws
All Developments receiving
assistance from the Trust Fund for construction and 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 Disabilities
Act (42 U.S.C. 12101 et seq.), Executive Order for the Reduction of Earthquake
Hazards (Executive Order 90-2), the Historic Preservation Act [20 ILCS 3410],
and all other local, State and Federal laws, as applicable.
(Source: Amended at 18 Ill. Reg. 8663, effective May 25, 1994)
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