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| 1 | | which solely affect or relate to an easement for water, sewer, |
| 2 | | electricity, gas, telephone or other public service.
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| 3 | | "Unit" means a rental apartment unit receiving a subsidy by |
| 4 | | means of a grant
under this Act. "Unit" does not include |
| 5 | | housing units intended as transitional
or
temporary housing.
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| 6 | | (Source: P.A. 94-118, eff. 7-5-05.)
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| 7 | | (310 ILCS 105/10)
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| 8 | | Sec. 10. Creation of Program and distribution of funds.
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| 9 | | (a) The Rental Housing Support Program is created within |
| 10 | | the Illinois Housing Development Authority. The Authority |
| 11 | | shall administer the Program program and adopt rules for its |
| 12 | | implementation. |
| 13 | | (b) The Authority shall distribute amounts for the Program |
| 14 | | solely from annual receipts on deposit in the Rental Housing |
| 15 | | Support Program Fund that are appropriated in each year for |
| 16 | | distribution by the Authority for the Program, and not from any |
| 17 | | other source of funds for the Authority, The Authority shall |
| 18 | | distribute amounts appropriated for the Program from the Rental |
| 19 | | Housing Support Program Fund and any other appropriations |
| 20 | | provided for the Program as follows: |
| 21 | | (1) A proportionate share of annual receipts on deposit |
| 22 | | appropriated to the Fund each year the annual |
| 23 | | appropriation, as determined under subsection (d) of |
| 24 | | Section 15 of this Act, shall be distributed to |
| 25 | | municipalities with a population greater than 2,000,000. |
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| 1 | | Those municipalities shall use at least 10% of those funds |
| 2 | | in accordance with Section 20 of this Act, and all |
| 3 | | provisions governing the Authority's actions under Section |
| 4 | | 20 shall govern the actions of the corporate authorities of |
| 5 | | a municipality under this Section. As to the balance of the |
| 6 | | annual distribution, the municipality shall designate a |
| 7 | | non-profit organization that meets the specific criteria |
| 8 | | set forth in Section 25 of this Act to serve as the "local |
| 9 | | administering agency" under Section 15 of this Act. |
| 10 | | (2) Of the remaining annual receipts on deposit |
| 11 | | appropriated to the Fund each year appropriation after the |
| 12 | | distribution in paragraph (1) of this subsection, the |
| 13 | | Authority shall designate at least 10% for the purposes of |
| 14 | | Section 20 of this Act in areas of the State not covered |
| 15 | | under paragraph (1) of this subsection. |
| 16 | | (3) The remaining annual receipts on deposit |
| 17 | | appropriated to the Fund each year appropriation after the |
| 18 | | distributions in paragraphs (1) and (2) of this subsection |
| 19 | | shall be distributed according to Section 15 of this Act in |
| 20 | | areas of the State not covered under paragraph (1) of this |
| 21 | | subsection.
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| 22 | | (Source: P.A. 94-118, eff. 7-5-05.)
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| 23 | | (310 ILCS 105/25)
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| 24 | | Sec. 25. Criteria for awarding grants. The Authority shall |
| 25 | | adopt rules
to govern the awarding of grants and the continuing |
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| 1 | | eligibility for grants
under Sections 15 and 20. Requests for |
| 2 | | proposals under
Section 20 must specify that proposals must |
| 3 | | satisfy these rules.
The rules must contain and be consistent |
| 4 | | with, but need not be limited to,
the following criteria:
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| 5 | | (1) Eligibility for tenancy in the units supported by |
| 6 | | grants to local
administering agencies must be
limited
to |
| 7 | | households with gross income at or below 30% of the median
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| 8 | | family income for the area in which the grant will be
made. |
| 9 | | Fifty percent of the units that are supported by any grant |
| 10 | | must be set
aside for households whose income is at or |
| 11 | | below 15% of the area median
family income for the area in |
| 12 | | which the grant will be made, provided that local |
| 13 | | administering agencies may negotiate flexibility in
this |
| 14 | | set-aside with the Authority if they demonstrate that they |
| 15 | | have been
unable to locate sufficient tenants in this lower |
| 16 | | income range. Income eligibility for units supported by |
| 17 | | grants to local administering agencies must be verified |
| 18 | | annually by landlords and submitted to local administering |
| 19 | | agencies. Tenants
must have sufficient income to be able to |
| 20 | | afford the tenant's share of the
rent. For grants awarded |
| 21 | | under Section 20, eligibility for tenancy in units
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| 22 | | supported by grants must be limited to households with a |
| 23 | | gross income at or
below
30% of area median family income |
| 24 | | for the area in which the grant will be made. Fifty percent |
| 25 | | of the units that are supported by any grant must be set |
| 26 | | aside for households whose income is at or below 15% of the |
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| 1 | | median family income for the area in which the grant will |
| 2 | | be made, provided that developers may negotiate |
| 3 | | flexibility in this set-aside with the Authority or |
| 4 | | municipality as defined in subsection (b) of Section 10 if |
| 5 | | it demonstrates that it has been unable to locate |
| 6 | | sufficient tenants in this lower income range.
The |
| 7 | | Authority shall determine what sources qualify as a |
| 8 | | tenant's income.
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| 9 | | (2) Local administering agencies must include |
| 10 | | 2-bedroom, 3-bedroom,
and 4-bedroom units among those |
| 11 | | intended to be supported by grants
under the Program |
| 12 | | program. In grants under Section 15, the precise number of
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| 13 | | these units among all the units intended to be supported by |
| 14 | | a grant must be
based on need in the community for larger |
| 15 | | units and other factors that the
Authority specifies in |
| 16 | | rules. The local administering agency must specify
the |
| 17 | | basis for the numbers of these units that are proposed for |
| 18 | | support under
a grant. Local administering agencies must |
| 19 | | make a good faith effort to
comply with this allocation of |
| 20 | | unit sizes. In grants awarded under Section
20, developers |
| 21 | | and the Authority or municipality, as defined in subsection |
| 22 | | (b) of Section 10, shall negotiate the numbers and sizes of
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| 23 | | units to be built in a project and supported by the grant.
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| 24 | | (3) Under grants awarded under Section 15, local |
| 25 | | administering agencies
must enter into a payment contract |
| 26 | | with the landlord that defines the method of payment and |
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| 1 | | must pay subsidies to landlords on a quarterly basis and in |
| 2 | | advance of the
quarter paid for.
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| 3 | | (4) Local administering agencies and developers must |
| 4 | | specify how
vacancies in units supported by a grant must be |
| 5 | | advertised and they must include provisions for outreach to |
| 6 | | local
homeless shelters, organizations that work with |
| 7 | | people with disabilities,
and others interested in |
| 8 | | affordable housing.
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| 9 | | (5) The local administering agency or developer must |
| 10 | | establish a schedule
for the tenant's rental obligation for |
| 11 | | units supported by a grant. The
tenant's share of the rent |
| 12 | | must be a flat amount, calculated annually, based on the |
| 13 | | size of the
unit and the household's income category. In |
| 14 | | establishing the schedule for
the tenant's rental |
| 15 | | obligation, the local administering agency or developer
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| 16 | | must use 30% of gross income within an income range as a |
| 17 | | guide, and it
may charge an additional or lesser amount.
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| 18 | | (6) The amount of the subsidy provided under a grant |
| 19 | | for a unit must be
the difference between the amount of the |
| 20 | | tenant's obligation and the total
amount of rent for the
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| 21 | | unit. The total amount of rent for the unit must be |
| 22 | | negotiated between the
local
administering authority and |
| 23 | | the landlord under Section 15, or between the
Authority or |
| 24 | | municipality, as defined in subsection (b) of Section 10, |
| 25 | | and the developer under Section 20, using comparable rents |
| 26 | | for units of comparable size and condition in the |
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| 1 | | surrounding community as a guideline.
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| 2 | | (7) Local administering agencies and developers, |
| 3 | | pursuant to criteria
the
Authority develops in rules, must |
| 4 | | ensure that there are procedures in place
to maintain the |
| 5 | | safety and habitability of units supported under grants. |
| 6 | | Local administering agencies must inspect
units before |
| 7 | | supporting them under a grant awarded under Section 15.
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| 8 | | (8) Local administering agencies must provide or |
| 9 | | ensure that tenants are
provided with a "bill of rights" |
| 10 | | with their lease setting forth local
landlord-tenant laws |
| 11 | | and procedures and contact information for the local
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| 12 | | administering agency.
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| 13 | | (9) A local administering agency must create
a plan |
| 14 | | detailing a process for helping
to provide information, |
| 15 | | when necessary, on how to access education, training, and |
| 16 | | other
supportive services to tenants living in units |
| 17 | | supported under the grant. The
plan must be
submitted as a |
| 18 | | part of the administering agency's proposal to the |
| 19 | | Authority
required under
Section 15.
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| 20 | | (10) Local administering agencies and developers may |
| 21 | | not use funding under
the
grant to develop or support |
| 22 | | housing that requires that a tenant has a particular |
| 23 | | diagnosis or type of disability as a condition of |
| 24 | | eligibility for occupancy unless the requirement is |
| 25 | | mandated by another funding source for the housing. Local |
| 26 | | administering agencies and developers may use grant |
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| 1 | | funding to develop integrated housing opportunities for |
| 2 | | persons with disabilities, but not housing restricted to a |
| 3 | | specific disability type.
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| 4 | | (11) In order to plan for periodic fluctuations in |
| 5 | | annual receipts on deposit appropriated to the Fund each |
| 6 | | year program revenue, the Authority shall establish by rule |
| 7 | | a mechanism for establishing a reserve fund and the level |
| 8 | | of funding that shall be held in reserve either by the |
| 9 | | Authority or by local administering agencies.
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| 10 | | (12) The Authority shall perform annual |
| 11 | | reconciliations of all distributions made in connection |
| 12 | | with the Program and may offset future distributions to |
| 13 | | balance geographic distribution requirements of this Act. |
| 14 | | (Source: P.A. 97-892, eff. 8-3-12.)
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| 15 | | Section 99. Effective date. This Act takes effect upon |
| 16 | | becoming law.".
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