TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 378
FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAMS
SECTION 378.101 AUTHORITY
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].
 | TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 378
FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAMS
SECTION 378.102 PURPOSE AND OBJECTIVES
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.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 378
FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAMS
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": The 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.
"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.
"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).
"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. 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.
"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.
(Source: Amended at 47 Ill. Reg. 15915,
effective October 30, 2023)
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 378
FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAMS
SECTION 378.104 COMPLIANCE WITH FEDERAL AND STATE LAW
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 terms, any ERA2 Grant Agreement and the Uniform
Guidance.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 378
FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAMS
SECTION 378.105 APPLICATIONS, FORMS AND PROCEDURES
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 procedures as may be
necessary to implement any ERA1 or ERA2 program.
c) The
Authority may accept applications for any ERA1 or ERA2 program in one or more
rounds of funding.
d) The
Authority must provide grants covered by the IL ERA Act in an amount based on
stated need rather than a flat or fixed amount. An eligible household's stated
need may include, but is not limited to, the amount of arrears owed to a
landlord, or future rental payments based on monthly rent. Nothing in this
Part shall be construed as precluding the Authority from capping or setting a
limit on the amount of ERA1 or ERA2 emergency rental payments made on behalf of
any single eligible household.
e) The
Authority will accept applications, from time-to-time, in one or more rounds of
funding, via a web-based application portal, as follows:
1) The
Authority will offer applications, commenced by landlords and completed by
tenants or, commenced by tenants and completed by landlords.
2) In
the event a landlord refuses to accept a direct payment, or fails to cooperate
with an application for assistance, grants covered by the IL ERA Act will be
made directly to eligible households.
3) The
application will request the information necessary to determine whether an
applicant meets the eligibility criteria. Application questions will focus on
the following: identity verification, address verification, income verification,
employment status, lease and rent information, rental property ownership
information. Demographic information will be requested but will not be
required.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 378
FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAMS
SECTION 378.106 FEES AND CHARGES
Section 378.106 Fees and
Charges
The Authority will not charge an
application fee for any ERA1 or ERA2 grants.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 378
FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAMS
SECTION 378.107 AUTHORITY ADMINISTRATIVE EXPENSES
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 used for administrative costs attributable to providing
financial assistance and housing stability services to eligible households.
b) The
Authority is entitled to reimbursement from IEMA for administrative expenses
incurred with respect to the administration of ERA2 funds. Under ERA2, not
more than 15 percent of the amount paid to an eligible grantee may be used for
administrative costs attributable to providing financial assistance, housing
stability services, and other affordable rental housing and eviction prevention
activities.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 378
FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAMS
SECTION 378.108 AMENDMENT
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
contractual rights.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 378
FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAMS
SECTION 378.109 SEVERABILITY
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 its operation
to the clause, sentence, paragraph, subsection, Section or Subpart to which the
judgment is rendered.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 378
FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAMS
SECTION 378.110 NON-DISCRIMINATION
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 applicable provisions of the
Illinois Human Rights Act [775 ILCS 5] and the regulations promulgated under
that Act, the federal Fair Housing Act (42 USC 3601), Section 504 of the
Rehabilitation Act of 1973 (29 USC 794), the Illinois Environmental Barriers
Act [410 ILCS 25], the Illinois Accessibility Code (71 Ill. Adm. Code 400), and
all other applicable State and federal law concerning discrimination and fair
housing.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 378
FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAMS
SECTION 378.111 RECORD RETENTION
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.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 378
FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAMS
SECTION 378.112 MONITORING
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 to ERA1 and ERA2 available for
inspection by the Authority upon the Authority's request.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 378
FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAMS
SECTION 378.113 FEDERAL LEGISLATION
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, federal law shall control and
prevail.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 378
FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAMS
SECTION 378.114 PRIORITIZATION
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 unemployed for at least 90 days.
b) The
Authority will make best efforts to give further prioritization to programs
covered by the IL ERA Act to an eligible household:
1) located
within a disproportionately impacted area based on positive COVID-19 cases;
2) that
has a documented history of housing instability or homelessness based on a past
due rent notice or eviction notice, or if those items are not immediately
available, a self-attestation; or
3) that
has a significant amount of rental arrears, such as a minimum of 50% of their
monthly rent.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 378
FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAMS
SECTION 378.115 ACCESSIBILITY AND TRANSPARENCY
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
following:
1) application
forms for households and landlords, including any joint application forms;
2) program
eligibility requirements;
3) the
Authority's procedures and processes for administering the applicable program;
4) the
Authority's procedures and communication methods for notifying program
applicants of defective applications due to incompletion, errors, missing
information, or any other impediment;
5) the
Authority's procedures and methods for applicants to remedy defective
applications due to incompletion, errors, missing information, or any other
impediment; and
6) any
other important program information critical to applicants, including renters
and landlords relating to the application requirements and process, eligibility
determination, and disbursement of payment.
b) The
Authority will ensure that important program information, including the
application and all marketing materials, is language accessible by publishing
to its website the same in both English and Spanish. To the extent
administratively feasible, the Authority will make efforts to provide certain
program information, such as frequently asked questions and responses, in other
languages.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 378
FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAMS
SECTION 378.116 REQUIRED NOTIFICATIONS AND CORRESPONDENCE
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, and any reason for denying an application.
a) The
Authority will provide notice to an applicant upon finding that a submitted
application is defective or should otherwise be considered ineligible, denied,
or rejected. Applications lacking information necessary to determine whether
an applicant meets the eligibility criteria will be considered ineligible and
denied, or rejected. This would include applications whereby the Authority is
unable to perform identity verification, address verification, income
verification, employment status, lease and rent information, or rental property
ownership information.
b) The
notice from the Authority will explain the reason why an applicant's submitted
application is defective or should otherwise be considered ineligible, denied,
or rejected.
c) The
notice will contain the necessary information, process, accepted method, and
deadline for the applicant to remedy any defective or deficient application,
provided that remedy is possible.
d) All
notice and correspondence required to be provided by the Authority will be
given promptly and without unnecessary delay to any applicant.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 378
FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAMS
SECTION 378.117 RECAPTURE
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 meet any obligations under any program
document. The Authority will provide a notice of
recapture and demand for repayment to the applicable party in writing that
specifies the reason or reasons for the recapture. If the recipient wishes to
appeal the demand for repayment, the recipient must notify the Authority in
writing within thirty days after receipt. The Authority will review
information provided by the recipient and will, if sufficient documentation is
provided, reverse the demand for repayment.
SUBPART B: HOUSEHOLD ELIGIBILITY REQUIREMENTS
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 378
FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAMS
SECTION 378.201 HOUSEHOLD ELIGIBILITY
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
categorical eligibility.
b) The
Authority will not disqualify an eligible household from any program covered by
the IL ERA Act based on previous application for or receipt of other similar
federal assistance for periods that are different than that for which the
program assistance is being provided.
c) For a
CBRAP applicant to be eligible to receive an ERA2 grant pursuant to CBRAP, the
applicant must be an ERA2 eligible household and:
1) The
CBRAP Applicant must have an eviction court summons; and
2) The
ERA2 Eligible Household must be behind on its rent for at least 30 days.
d) When
the Authority makes a grant directly to an eligible household, the direct
payment will not exceed 3 months of future rent.
(Source: Amended at 47 Ill. Reg. 15915,
effective October 30, 2023)
SUBPART C: LANDLORD ELIGIBILITY REQUIREMENTS
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 378
FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAMS
SECTION 378.301 LANDLORD ELIGIBILITY
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), evidence of
ownership and verification of address, a W-9, and a property management
agreement (if acting as an agent on behalf of an owner).
b) Execute
documentation evidencing their agreement to comply with the terms and
conditions of all program documents and all applicable laws, including, but not
limited to, the Consolidated Appropriations Act, the American Rescue Plan Act,
the IL ERA Act, the Illinois Housing Development Act, the Guidance, and this
Part.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 378
FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAMS
SECTION 378.302 WAIVER OF FEES, FINES AND CHARGES
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 period, as well as all fines or other charges and may not charge holdover
rent during the grant coverage period.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 378
FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAMS
SECTION 378.303 LEASES
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,
landlords must agree they will not terminate the lease of an eligible household
until the end of the program coverage period, or the expiration of the program
eligibility period, whichever comes first.
c) In
the event an eligible household is residing in a unit with an expired lease,
occupancy status may be viewed by the Authority as month-to-month, on the same
terms and conditions as the most recently expired lease.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 378
FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAMS
SECTION 378.304 EVICTION MORATORIUM
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
contract, against an eligible household, for non-payment of rent or other fees,
during the longer of:
1) the
eligible household's program coverage period; or
2) the
date of any eviction moratorium established by State or federal law, including,
but not limited to, any order issued by the Centers for Disease Control and
Prevention or the Governor.
b) This
Section is not intended to limit an eligible landlord's right to evict a tenant
for legally permissible reasons unrelated to the payment of rent, fees or other
financial charges.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 378
FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAMS
SECTION 378.305 DISTRIBUTION OF GRANTS
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 an eligible landlord on behalf of an eligible
household, the Authority must include information sufficient to allow the
recipient of the payment to identify the applicable eligible household.
d) If
the landlord does not agree to accept an ERA1 grant payment from the Authority
after the Authority has made contact with the landlord, then the Authority may
make such payments directly to the eligible household for the purpose of the
eligible household making payments to the landlord. The Authority shall make
reasonable efforts to obtain the cooperation of landlords to accept ERA1
payments.
1) Outreach
will be considered complete if:
A) a
request for participation is sent in writing, by mail, to the landlord, and the
addressee does not respond to the request within 7 calendar days after mailing
(unless such time period is modified by applicable law); or
B) the
Authority, or an authorized representative of the Authority, including but not
limited to an HSS Provider, has made at least three attempts by phone, text, or
e-mail over a 5 calendar-day period to request the landlord's participation
(unless such time period is modified by applicable law); or
C) a
landlord confirms in writing that the landlord does not wish to participate.
2) The
final outreach attempt or notice to the landlord must be documented.
e) In
the event the outreach does not result in the landlord's participation in the
applicable program, the Authority will provide an alternative mechanism to
provide ERA1 assistance directly to eligible households with approved
applications.
f) In
administering any ERA2 funded programs, the Authority may choose to seek the
cooperation of landlords before providing assistance directly to tenants. In
doing so, the Authority will follow the provisions of this Section.
SUBPART D: HOUSING STABILITY SERVICES PROVIDERS
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 378
FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAMS
SECTION 378.401 PURPOSE
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.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 378
FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAMS
SECTION 378.402 REQUEST FOR PROPOSALS
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.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 378
FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAMS
SECTION 378.403 HSS PROVIDER ELIGIBILITY
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 outreach and engagement and such other organizations to
the extent permitted by applicable law.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 378
FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAMS
SECTION 378.404 ELIGIBLE USES ON AN HSS SUB-AWARD
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 about ERA1 and ERA2 programs in languages needed in the coverage
area; and
3) Identifying
other available housing resources for clients.
b) HSS intake, which
includes:
1) Assisting
Illinois residents, including landlords and tenants, with the initial ERA1 or
ERA2 program application process virtually, over the phone, or in-person;
2) Providing
assistance to applicants after submittal of an ERA1 or ERA2 program
application, including case management and referral services;
3) Following
up with applicants after the submittal of an ERA1 or ERA2 program application,
including case management and referral services;
4) Provide
intentional outreach and intake assistance to landlords of 2-4 unit buildings
who may face technology and/or language barriers; and
5) Assisting
applicants who have applied for funds from an ERA1 or ERA2 program, but whose
landlords have been unresponsive, including engaging in any specific landlord
outreach steps required by applicable law.
c) Purchasing
HSS equipment to bolster a provider's mobile and technology network in order to
perform the HSS outreach and intake services.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 378
FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAMS
SECTION 378.405 APPLICATION REQUIREMENTS
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 indicate how many staff
members they anticipate dedicating to the program, the geographical area they
intent to serve, the general demographic makeup of the clients the applicant
typically serves, a description of all the services the applicant currently
offers, the number of clients served on an annual basis and the applicant's
previous experience with COVID-19 rental assistance programs.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 378
FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAMS
SECTION 378.406 MAXIMUM HSS PROVIDER SUB-AWARDS
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.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 378
FEDERAL EMERGENCY RENTAL ASSISTANCE PROGRAMS
SECTION 378.407 DISTRIBUTION OF HSS PROVIDER SUB-AWARDS
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 will be required to demonstrate use of
the HSS Sub-Awards provided in the initial disbursement. Additional HSS
Sub-Awards disbursements will be made pursuant to the submission and approval
of one or more reports acceptable to the Authority.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
