TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 386
FORECLOSURE PREVENTION PROGRAM GRADUATED FUND
SECTION 386.101 AUTHORITY
Section 386.101
Authority
The Illinois
Housing Development Authority is the designated administrator for the
Foreclosure Prevention Program Graduated Fund in Illinois, which was
established by Section 7.30(b-1) of the Illinois Housing Development Act,
effective October 1, 2010.
 | TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 386
FORECLOSURE PREVENTION PROGRAM GRADUATED FUND
SECTION 386.102 PURPOSE AND OBJECTIVES
Section 386.102
Purpose and Objectives
The purpose
of the Program is to use moneys appropriated from the Foreclosure Prevention
Program Graduated Fund, and any other funds appropriated for this purpose, to
support housing counseling. Under the Program, the Authority will make grants
to the Counseling Agencies for Eligible Uses.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 386
FORECLOSURE PREVENTION PROGRAM GRADUATED FUND
SECTION 386.103 DEFINITIONS
Section 386.103 Definitions
The
following terms used in this Part shall have the following definitions:
"Act": The Illinois Housing Development Act [20
ILCS 3805].
"Applicant": A prospective Counseling Agency making an
Application for a Grant.
"Application":
An application to the Authority on the Authority's form for a Grant completed
by a prospective Counseling Agency.
"Appropriation":
The annual Appropriation of funds for the program by the Illinois General
Assembly from the Foreclosure Prevention Graduated Fund to the Illinois
Department of Revenue for the Authority, including any other funds appropriated
for this purpose.
"Attorney General": The Illinois Attorney
General.
"Auditor General": The Illinois Auditor General.
"Authority": The Illinois Housing Development
Authority.
"City": The City of Chicago.
"Commitment":
A contract executed by the Authority and a Counseling
Agency under which the Authority agrees to
make a Grant to the Counseling Agency. Each Commitment shall contain a provision to the effect
that the Authority shall not be obligated to provide funds under the Commitment
if the Authority has not received sufficient funds from an Appropriation.
"Computer
and Equipment Expenses": Computer and equipment costs incurred by a Counseling Agency in
connection with the administration of the Grant.
"Counseling
Agencies": A housing counseling agency approved by HUD (Section 7.30(b-5)
of the Act).
"Eligible Uses": Shall have the meaning set
forth in Section 386.302.
"Foreclosure Prevention Graduated Fund" or
"Fund": A fund created in the State Treasury for the collection of
certain fees as set forth in Section 15-1504.1 of the Illinois Code of Civil
Procedure [735 ILCS 5/15-1504.1] paid by a plaintiff at the time of a filing of
a foreclosure complaint in connection with residential real estate.
"General
Operational Expenses": Operational costs incurred by a Counseling Agency in
connection with the administration of the Grant.
"Grant":
The portion of the Appropriation granted by the Authority to the Counseling Agencies for Eligible Uses under the Program.
"Approved
Housing Counseling": In-person counseling provided by a counselor
employed by a Counseling Agency to all borrowers, or documented telephone counseling if a hardship would be
imposed on one or more borrowers. A hardship shall exist in instances in which the borrower is confined to
his or her home due to medical condition, as verified in writing by a
physician, or the borrower resides 50 miles or more from the nearest Counseling
Agency. In instances of telephone counseling, the borrowers must supply all
necessary documents to the counselor at least 72 hours prior to the scheduled
telephone counseling session. (Section
7.30(b-5) of the Act)
"HUD": The U.S.
Department of Housing and Urban Development.
"Program": The Foreclosure Prevention Graduated
Program authorized by Section 7.30(b-1) of the
Act.
"State": The State of
Illinois.
"Technical
Assistance": Counseling Agencies activities involving:
planning
for Housing Counseling; or
assistance
with an Application.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 386
FORECLOSURE PREVENTION PROGRAM GRADUATED FUND
SECTION 386.104 COMPLIANCE WITH FEDERAL AND STATE LAW
Section
386.104 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 federal and State law.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 386
FORECLOSURE PREVENTION PROGRAM GRADUATED FUND
SECTION 386.105 FORMS AND PROCEDURES FOR THE PROGRAM
Section 386.105 Forms and
Procedures for the Program
The Authority
may prepare, use, prescribe, supplement and amend such forms, agreements and
other documents and procedures as may be necessary to implement the Program.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 386
FORECLOSURE PREVENTION PROGRAM GRADUATED FUND
SECTION 386.106 FEES AND CHARGES
Section 386.106 Fees and
Charges
The
Authority will not charge an application fee for the Program.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 386
FORECLOSURE PREVENTION PROGRAM GRADUATED FUND
SECTION 386.107 AUTHORITY ADMINISTRATIVE EXPENSES
Section 386.107 Authority
Administrative Expenses
The Authority is entitled to
deduct from each Appropriation, prior to any distribution of funds under the
Program and prior to making any Grants, an amount not to exceed 4% of each
Appropriation for expenses associated with the administration of the Program,
including, without limitation, expenses for staff salaries and benefits for
time spent on design and administration of the Program; expenses incurred in
performing outreach activities and providing Technical Assistance to the Counseling Agencies; the
use of the Authority's equipment for Program purposes; the cost of office space
and utilities incurred in connection with the Program; and any other expenses
incurred in the administration of the Program. The Authority shall maintain a
detailed accounting of its administrative expenses, which shall be available to
the public for review.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 386
FORECLOSURE PREVENTION PROGRAM GRADUATED FUND
SECTION 386.108 AMENDMENT
Section 386.108 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, the Act and other applicable laws. This Part shall not constitute or
create any contractual rights.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 386
FORECLOSURE PREVENTION PROGRAM GRADUATED FUND
SECTION 386.109 SEVERABILITY
Section 386.109 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 386
FORECLOSURE PREVENTION PROGRAM GRADUATED FUND
SECTION 386.110 GENDER AND NUMBER
Section 386.110 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 386
FORECLOSURE PREVENTION PROGRAM GRADUATED FUND
SECTION 386.111 NON-DISCRIMINATION
Section 386.111
Non-Discrimination
The
Counseling Agencies shall comply with the
applicable provisions of the Illinois Human Rights Act [775 ILCS 5] and the
regulations promulgated under that Act, the 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 386
FORECLOSURE PREVENTION PROGRAM GRADUATED FUND
SECTION 386.112 TITLES AND CAPTIONS
Section
386.112 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
SUBPART B: DISTRIBUTION OF FUNDS BY THE AUTHORITY
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 386
FORECLOSURE PREVENTION PROGRAM GRADUATED FUND
SECTION 386.201 PRIORITY OF DISTRIBUTIONS
Section 386.201 Priority of
Distributions
The
Authority shall distribute funds from annual Appropriations in accordance with
the following priorities:
a) To the Authority for its administrative
expenses.
b) After distributing the
amount listed in subsection (a), the Authority shall make Grants from the
moneys remaining in the Fund that have been appropriated as follows:
1) 30% shall be used
to make Grants for Approved Housing Counseling in Cook County outside of the
City of Chicago;
2) 25% shall be used
to make Grants for Approved Housing Counseling in the City of Chicago;
3) 30% shall be used to make Grants for Approved
Housing Counseling in DuPage, Kane, Lake, McHenry and Will Counties; and
4) 15% shall be used to make Grants for
Approved Housing Counseling in Illinois in counties other than Cook, DuPage,
Kane, Lake, McHenry and Will Counties, provided that grants to provide Approved
Housing Counseling to borrowers residing within these counties shall be based,
to the extent practicable:
A) proportionately on the amount of fees paid to
the respective clerks of the courts within these counties; and
B) on any other factors that the Authority deems
appropriate. (Section 7.30(b-1) of the Act)
SUBPART C: GRANTS TO COUNSELING AGENCIES
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 386
FORECLOSURE PREVENTION PROGRAM GRADUATED FUND
SECTION 386.301 COUNSELING AGENCIES ELIGIBILITY
Section 386.301
Counseling Agencies Eligibility
The Counseling
Agencies are generally eligible to submit an Application for funding if they
have been certified as a housing counseling agency by HUD. The Counseling
Agencies are eligible for funding if they are certified prior to their
application for funding under the Program and committed to participation in the
Program. The Counseling Agencies must agree to the terms and conditions of the
Program in order to be eligible.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 386
FORECLOSURE PREVENTION PROGRAM GRADUATED FUND
SECTION 386.302 ELIGIBLE USES OF GRANT FUNDS
Section 386.302 Eligible Uses
of Grant Funds
a) Eligible Uses of Grant funds by the Counseling
Agencies under the Program shall be:
1) Computer
and Equipment Expenses;
2) General Operational
Expenses;
3) Housing
Counseling;
4) training
of a Counseling Agency's employees;
5) capacity building that increases a Counseling Agency's
capacity to provide Housing Counseling;
6) Technical
Assistance; and
7) advertising and marketing of the Program, and
any other housing counseling activity as may be approved by the Authority.
b) No Counseling Agency shall receive Grant funds
for Computer and Equipment Expenses, General Operational Expenses and Technical Assistance Expenses in
an amount greater than 10% of the Grant funds granted to the Counseling Agency
during the term of the Counseling Agency's Grant.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 386
FORECLOSURE PREVENTION PROGRAM GRADUATED FUND
SECTION 386.303 APPLICATION CYCLE
Section 386.303 Application
Cycle
The Authority will supply
interested Applicants with an Application. Application forms under the Program
are expected to be released annually based on funding available.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 386
FORECLOSURE PREVENTION PROGRAM GRADUATED FUND
SECTION 386.304 APPLICATION REQUIREMENTS
Section 386.304 Application
Requirements
Each
Application shall include the information required by this Section to be
completed by the Applicant and any additional information the Authority may require
to promote efficient Program administration and quality of performance.
a) Qualifications. Each Applicant shall document
qualifications to complete the Program activities, including evidence that a
Counseling Agency is a HUD certified housing counseling agency.
b) Counseling
Data. Each Applicant shall document the statistics in its area relevant to the
types of Approved Housing Counseling offered (i.e., number of foreclosures
filed, increase or decrease in homebuying, rental properties available, etc.).
c) Applicant's
Capacity. Each Applicant shall document its capacity to administer, and prior
experience in administering, Approved Housing Counseling.
d) Capacity
Building. Each Applicant shall document how capacity will be expanded to meet
the need for Housing Counseling in response to subsection (b).
e) Activities
to be Undertaken. Each Applicant shall list which Eligible Uses are to be
undertaken with Program funds, including without limitation those activities
outlined in Section 386.302 and the rest of this Part.
f) Time for Expending. Each Applicant shall
include a budget and schedule for performing the eligible activities outlined
in the Application.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 386
FORECLOSURE PREVENTION PROGRAM GRADUATED FUND
SECTION 386.305 REVIEW OF APPLICATIONS
Section 386.305 Review of
Applications
a) Application
Screening. The Authority shall screen all Applications to confirm that all
elements of the Application package have been addressed. Applicants may be
notified of deficiencies in Applications and may, at the option of the
Authority, be given the opportunity to correct those deficiencies. Completed
Applications will be reviewed and evaluated by the Authority staff in
accordance with criteria in subsections (b) through (e).
b) Basic Eligibility
Evaluation. Each Application will be reviewed to assure compliance with Sections 386.301 and 386.302.
c) Willingness to Perform.
The Applicant must
commit to remain ready, willing and able to perform Approved Housing Counseling as
applicable throughout the Grant term.
d) Costs. The Applicant must demonstrate
that the costs identified in the Application are Approved Housing Counseling.
e) Capacity. The Applicant must demonstrate that
the proposed activities identified in the Application can be accomplished.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 386
FORECLOSURE PREVENTION PROGRAM GRADUATED FUND
SECTION 386.306 GRANT ADMINISTRATION
Section 386.306 Grant
Administration
a) Commitment. Each Counseling Agency shall
enter into a Commitment with the Authority; the Grant may be less than the
amount requested in the Application. The term of Commitment shall be up to one
year, subject to the availability of funds from an Appropriation, and may be
renewed for one additional year at the discretion of the Authority.
b) Record Retention. Each Counseling Agency shall
maintain records in connection with the Grant under the Counseling Agency's
Commitment for five years after the date of termination of the Commitment.
c) Monitoring.
The Authority, the Auditor General and the Attorney General shall have the
right to monitor all Counseling Agency books and records relating to the implementation of the
Program. Each Counseling Agency shall make all records relating to its Grant available for
inspection, examination and copying by the Authority, the Auditor General or
the Attorney General upon reasonable prior notice, as the Authority, the
Auditor General or the Attorney General may reasonably require. The required documentation may include, but is in no way
limited to, a copy of the Counseling Agency's Application to the Authority; all records relating to
the eligible uses of Grant funds under the Program as set forth in Section
386.302; and any other documentation required by the Authority, the Auditor
General or the Attorney General.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 386
FORECLOSURE PREVENTION PROGRAM GRADUATED FUND
SECTION 386.307 FUNDING OF GRANTS
Section 386.307 Funding of
Grants
Subject to
the terms of the applicable Commitment with a Counseling
Agency and the related documents evidencing the Grant, the Authority shall provide funds to the Counseling Agencies when
the Appropriation is made available and as set forth in Section 386.302.
| TITLE 47: HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER II: ILLINOIS HOUSING DEVELOPMENT AUTHORITY
PART 386
FORECLOSURE PREVENTION PROGRAM GRADUATED FUND
SECTION 386.308 REPORTING REQUIREMENTS
Section 386.308 Reporting
Requirements
Each Counseling Agency shall
provide reports to the Authority, on forms provided by the Authority, at the
end of each quarter of the term of its Commitment. The Counseling Agency shall
identify, at a minimum, the number of households that received Approved Housing
Counseling; the number of Counseling Agency staff who attended training; the
number of new counselors/staff hired to increase a Counseling Agency's
capacity; the expenditures incurred for Technical Assistance, Computer and
Equipment Expenses, General Operational Expenses, and any other expenses
incurred by the Counseling Agency related to the Program.
AUTHORITY: Authorized by Section 7.19 of the Illinois Housing Development Act [20 ILCS 3805/7.19] and Section 7.30(b-1) of the Illinois Housing Development Act [20 ILCS 3805/7.30(b-1)].
SOURCE: Adopted at 39 Ill. Reg. 2144, effective January 23, 2015.
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