310 ILCS 125/ COVID-19 Federal Emergency Rental Assistance Program Act.

(310 ILCS 125/Art. 5 heading) Article 5. (Source: P.A. 102-5, eff. 5-17-21.)

(310 ILCS 125/5-1)

Sec. 5-1. Short title. This Act may be cited as the COVID-19 Federal Emergency Rental Assistance Program Act.

(Source: P.A. 102-5, eff. 5-17-21.)

(310 ILCS 125/5-5)

Sec. 5-5. Purposes and findings. The purpose of this Act is for the State to implement federal Coronavirus Relief Fund (CRF) assistance to renters administered by the U.S. Department of the Treasury, appropriated from the Consolidated Appropriations Act, 2021.

International, national, State, and local governments and health authorities are responding to an outbreak of a disease caused by the novel Coronavirus referred to as COVID-19. African American and Latino households in the State are at disproportionate risk of exposure to and the contraction of COVID-19 and to economic effects of this pandemic.

On March 9, 2020, the Governor issued a disaster declaration proclamation in this State because of the threat of COVID-19.

On March 26, 2020, the President of the United States declared that a major disaster exists in the State and ordered Federal assistance to supplement State, tribal, and local recovery efforts in the areas affected by the COVID-19 pandemic beginning on January 20, 2020 and continuing.

Unpaid rent, late fees, and court costs are currently accruing against residential tenants and will be demanded by landlords after the expiration of the emergency period.

To reduce the rental arrears throughout this State, all eligible residential landlords and tenants alike shall avail themselves of the Emergency Rental Assistance Program.

The State deems it necessary to protect public health, life, and property during this declared state of emergency by protecting residential tenants, homeowners, and housing providers from certain evictions and other hardships during this public health and economic crisis.

(Source: P.A. 102-5, eff. 5-17-21.)

(310 ILCS 125/5-10)

Sec. 5-10. Definitions. As used in this Act:

"Administering State agency" means any agency or department of the State that is eligible to receive a direct federal allocation of federal Emergency Rental Assistance funds that will disburse funds and administer all or a portion of the federal Emergency Rental Assistance Program.

"Applicant" or "program applicant" means any person or entity who is a residential tenant or lessee or landlord or lessor that has submitted an application, individually or jointly, to receive federal Emergency Rental Assistance funds.

"Eligible household" has the same meaning as used by the federal law enacting the federal Emergency Rental Assistance Program.

"Program" means the federal Emergency Rental Assistance Program.

(Source: P.A. 102-5, eff. 5-17-21.)

(310 ILCS 125/5-15)

Sec. 5-15. Federal Emergency Rental Assistance Program.

(a) Any department or agency of the State eligible to receive a direct federal allocation and charged with disbursing allocated funds and administering the federal program shall do so in accordance with federal and State law.

(b) Consistent with federal law, any State agency administering this program shall create a process to provide rental assistance directly to eligible renters and to obviate or minimize the necessity of lessor or utility provider participation in submitting the application when the lessor or utility provider: (i) refuses to accept a direct payment; or (ii) fails to cooperate with an application for assistance. The administering State agency shall make payments to a lessor or utility provider on behalf of an eligible household with a statement indicating which eligible household the payment is being made for, except that, if the lessor or utility provider does not agree to accept such a payment from the administering State agency after the administering State agency has made contact with the lessor or utility provider, then the administering State agency may make such payments directly to the eligible household for the purpose of the eligible household making payments to the lessor or utility provider. Notwithstanding the foregoing, nothing in this Act shall be construed to require a lessor or utility provider to accept funds from the program, whether paid directly by the administering State agency or by the eligible household.

(c) Consistent with federal law, any State agency administering this program shall provide rental assistance in an amount based on stated need rather than on 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 lessor, utility provider, or both, or future rental payments based on monthly rent.

(d) Consistent with federal law, nothing in this Act shall be construed as precluding any administering State agency from capping or setting a limit on the amount of emergency rental payments made on behalf of any single household. The administering State agency may adopt additional eligibility criteria, application procedures, and program rules necessary to administer the program in conformity with the priorities and public policies expressed within this Act and federal law, as it may be amended.

(e) Consistent with federal law prohibiting duplicative payments from other federal programs, an administering State agency shall not disqualify an eligible household from the program 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 under this Act.

(f) Unless necessary to comply with applicable federal or State law, the administering State agency shall not, for purposes of determining program eligibility, require a fully executed written lease or any type of documentation relating to any household member's immigration status. The administering State agency may accept a demand for rent letter, ledger or statement containing the outstanding balance, termination notice, or other alternative form of documentation containing or showing the amount of rental or utility arrears owed.

(Source: P.A. 102-5, eff. 5-17-21.)

(310 ILCS 125/5-20)

Sec. 5-20. Accessibility and transparency.

(a) In addition to federal requirements, the administering State agency shall make publicly accessible by publishing on its website any important program information, including, but not limited to, the following:

(1) program application forms for households and lessors, including any joint program application forms;

(2) program eligibility requirements;

(3) the administering State agency's procedures and processes for administering the program;

(4) the administering State agency's procedures and communication methods for notifying program applicants of defective applications due to incompletion, errors, missing information, or any other impediment;

(5) the administering State agency'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 lessors relating to the application requirements and process, eligibility determination, and disbursement of payment.

(b) The administering State agency shall 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.

(Source: P.A. 102-5, eff. 5-17-21.)

(310 ILCS 125/5-25)

Sec. 5-25. Process for further prioritizing applicants for financial assistance and housing stability services. In addition to federal program eligibility and prioritization requirements, the administering State agency shall make best efforts to give further prioritization to an eligible household: (i) located within a disproportionately impacted area based on positive COVID-19 cases; (ii) that has a documented history of housing instability or homelessness; or (iii) that has a significant amount of rental arrears.

(Source: P.A. 102-5, eff. 5-17-21.)

(310 ILCS 125/5-30)

Sec. 5-30. Required notifications and correspondence. The administering State agency 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.

(1) The administering State agency shall provide notice to an applicant upon finding that a submitted application is defective or should otherwise be considered ineligible, denied, or rejected.

(2) The notice from the administering State agency shall explain the reason why an applicant's submitted application is defective or should otherwise be considered ineligible, denied, or rejected.

(3) The notice shall contain the necessary information, process, accepted method, and deadline for the applicant to remedy any defective or deficient application, provided that remedy is possible.

(4) All notice and correspondence required to be provided by the administering State agency shall be given promptly and without unnecessary delay to any applicant.

(Source: P.A. 102-5, eff. 5-17-21.)

(310 ILCS 125/Art. 10 heading) Article 10. (Amendatory provisions; text omitted)(Source: P.A. 102-5, eff. 5-17-21.)

(310 ILCS 125/Art. 99 heading) Article 99. (Source: P.A. 102-5, eff. 5-17-21.)

(310 ILCS 125/99-99)

Sec. 99-99. Effective date. This Act takes effect upon becoming law.

(Source: P.A. 102-5, eff. 5-17-21.)