ROUND [ONE][TWO][THREE] ILLINOIS HOUSING DEVELOPMENT AUTHORITY RENTAL HOUSING SUPPORT

ROUND TABLE ON SUSTAINABLE DEVELOPMENT ANNOTATED AGENDA MEETING
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RENTAL ASSISTANCE CONTRACT

Round [One][Two][Three]

ILLINOIS HOUSING DEVELOPMENT AUTHORITY

RENTAL HOUSING SUPPORT PROGRAM

RENTAL ASSISTANCE CONTRACT

This RENTAL ASSISTANCE CONTRACT (this "Contract") is made and entered into as of this ____ day of ________________, 20___, by and between ________________________________, [an Illinois not-for-profit corporation][an Illinois unit
of local government] (the "LAA"), and _________________________________ [sole proprietor] [an Illinois corporation] [an Illinois not-for-profit corporation] [an Illinois limited liability company] [an Illinois limited partnership] [Illinois Trust] (the “Landlord”), and approved by the Illinois Housing Development Authority (the “Authority”), a body politic and corporate established pursuant
to the Illinois Housing Development Act, 20 ILCS 3805/1 et seq., as amended from time to time (the “Act”).

W I T N E S S E T H:

WHEREAS, Landlord is the fee owner of certain real property(ies) upon which exist(s) a housing development(s) (collectively, the “Property”) consisting of a total of ________________ (____) units (the “Units”), of which ________________ (____) units (individually, a “RHS Program Unit”, collectively, the “RHS Program Units”) will be reserved for Extremely Low Income Households and Severely Low Income Households (both as defined in Paragraph 9 hereof). The Property is legally described in Exhibit A attached to and made a part of this Contract, and is located at

_________________________, _________________________, Illinois;

_________________________, _________________________, Illinois

(collectively, the “Real Estate”).

If applicable, add in more for additional addresses in Exhibit B attached to and made a part of this Contract.

WHEREAS, the Authority is the program administrator of the Rental Housing Support Program (the “RHS Program”) authorized by the Illinois Rental Housing Support Program Act, 310 ILCS 105/1 et seq. (the “RHS Act”), and the rules promulgated thereunder and codified at 47 Ill. Admin. Code, Part 380 (the “RHS Rules”), both, as amended and supplemented from time to time. In addition, additional RHS Program requirements are set forth in the Authority’s Illinois Rental Housing Support Program Guide (the “Guide”) and the Rental Housing Support Program Compliance Manual (the “Compliance Manual”).

WHEREAS, the Authority has agreed to make an allocation to the LAA (the “Allocation”), among other things, to provide rental assistance subsidies to landlords in order to make rental housing affordable to Extremely Low Income Households and Severely Low Income Households.

WHEREAS, the Allocation is governed by that certain Local Administering Agency Funding Agreement (the “Funding Agreement”) between the LAA and the Authority.

WHEREAS, as an inducement to the Authority to make the Allocation, the LAA and the Landlord have agreed to enter into this Contract and consent to be regulated and restricted by the Authority as provided herein, and as provided for in the RHS Act, the RHS Rules, the Guide, the Compliance Manual, the Act and the rules, regulations, policies and procedures of the Authority promulgated under the Act (the “Authority Rules”), all as they may be amended and supplemented from time to time, as applicable (collectively, the “Program Requirements”).

NOW, THEREFORE, in consideration of the foregoing recitals and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties hereto agree as follows:

1. Incorporation. The foregoing recitals are incorporated in this Contract by this reference.

2. Act and Rules. The Landlord agrees that at all times its acts regarding the RHS Program Units shall be in conformance with the Program Requirements. In addition, the Landlord shall cooperate with the LAA at all times with respect to the implementation and enforcement of the Program Requirements.

3. Representations and Agreements. The Landlord further represents and agrees that:

a. Landlord’s Warranties. The Landlord warrants that it has the legal right, power and authority to execute this Contract and to lease units covered by this Contract. Further, the Landlord warrants that it is not in default of any RHS Program Unit’s mortgage loan (if any), is not delinquent in payment of any RHS Program Unit’s real estate taxes, and is not delinquent in payment of all applicable RHS Program Unit utilities. The Landlord has agreed to participate in the RHS Program, and in consideration of the receipt by the Landlord of a rent subsidy from the LAA as calculated by the LAA and being the difference between the RHS Program Unit gross rents as set forth on Exhibit C hereto and the Tenant Contribution (as defined below) for each Tenant and each RHS Program Unit (“Rental Assistance”), the Landlord has agreed to make the RHS Program Units available to eligible Tenants (as defined in Paragraph 9 hereof). The Landlord acknowledges that a proposed Tenant or proposed RHS Program Unit that is already receiving, or will receive, recurring rental assistance under any other federal, state or local rental assistance program shall not be eligible to participate in the RHS Program.

b. Lease of RHS Program Unit. The Landlord shall enter into a written lease with each Tenant for a RHS Program Unit for a term of twelve (12) months (the “Lease”); provided, however, the initial term of the Lease may be less than twelve (12) months to reflect the unexpired term of a previously executed Lease. The Landlord shall attach to the Lease, and cause to be executed by the Landlord and Tenant, the “Rider to Lease” in the form of Exhibit D hereto and the “Tenant Bill of Rights” in the form of Exhibit E hereto (both, as may be amended from time to time by the Authority).

c. Tenant Income Certification. Prior to leasing a RHS Program Unit to a Tenant, the Landlord shall obtain a certification of income (the "Tenant Income Certification") from the Tenant on the “Tenant Income Certification” form attached hereto as Exhibit F. Either the LAA, or at the direction and supervision of the LAA, the Landlord, shall verify the Tenant’s income and assets in compliance with the Program Requirements. In addition, upon the first to occur of Tenant application to renew the Lease or one year after the prior Tenant Income Certification (or at such other times prescribed by the Authority or the LAA), the Landlord shall: (1) obtain a recertification of Tenant’s annual income and assets from the Tenant (the "Recertification"); (2) report the composition of Tenant’s household; and (3) supply any other information required by the Landlord or the LAA, for the purposes of determining the Tenant Contribution and Rental Assistance (both, as defined below). The Landlord, or the LAA, as the case may be, shall verify the Tenant’s income, assets and household composition, in compliance with the Program Requirements to recompute the amount of the Tenant Contribution and Rental Assistance.

If the Tenant does not submit the required recertification information by the date specified in the Landlord's or the LAA’s request, as the case may be, the LAA may impose penalties in accordance with the applicable administrative procedures and time frames specified in the Program Requirements. The penalties may be up to and including termination of participation in the RHS Program.

If the Tenant requests a meeting with the party that performed the Tenant Income Certification and/or Recertification to discuss any change in Tenant Contribution or Rental Assistance resulting from the Tenant Income Certification and/or Recertification computation process, such party shall meet with the Tenant and discuss how the Tenant Contribution and Rental Assistance were computed.

d. Tenant Contribution. The Landlord acknowledges that the portion of Gross Rent for which Tenant will be responsible under the Lease (“Tenant Contribution”) shall be calculated based on the Tenant Income Certification, Tenant shall be solely responsible for payment of the Tenant Contribution on a timely basis, as detailed in the Lease, with the balance of the Gross Rent (defined below) subsidized with proceeds from the Rental Assistance.

e. Rental Assistance. The Landlord shall provide contact information and Property data in the form of Exhibit C hereto. The Landlord shall lease RHS Program Units based on the gross rental rates, set forth on Exhibit C (“Gross Rent”), throughout the term of the Lease, so long as the Tenant remains eligible to participate in the RHS Program. Landlord shall not impose any additional fees or charges, beyond the Gross Rent, and any utilities itemized in the Rider to Lease, unless approved in writing by the LAA. The Rental Assistance shall be paid by the LAA to the Landlord for RHS Program Units under lease for occupancy by eligible Tenants in accordance with this Contract and used in its entirety to subsidize the portion of the Gross Rent in excess of the Tenant Contribution. RHS Program Unit rent shall not include any security deposits, pet fees, parking fees, or utilities that are not covered by the Landlord. The Landlord shall not be entitled to Rental Assistance with respect to vacant units.

f. Income or Household Changes. The Landlord shall notify the LAA, in writing, whenever the composition of the Tenant’s household changes or Landlord receives other information that would affect the Tenant Contribution or Rental Assistance amounts.

g. Vacancies. The Landlord shall notify the LAA, in the form of Exhibit G hereto (as may be amended from time to time by the Authority), within 3 business days after Landlord becomes aware that a RHS Program Unit has become vacant. At such time as a RHS Program Unit becomes vacant, all Rental Assistance for such RHS Program Unit shall cease.

h. Inspections. The Landlord shall maintain all RHS Program Units and related facilities in decent, safe and sanitary condition. If the LAA schedules an inspection of the RHS Program Units and related facilities, the Landlord shall give proper notice to the Tenant as provided in the Lease to make the RHS Program Unit available to the LAA for the inspection. Further, the Landlord shall provide access to the common areas and grounds of the building to the LAA for such inspection.

If the LAA determines in its inspection that a RHS Program Unit does not satisfy the Authority’s housing standards set forth to the Program Requirements, the Landlord shall correct identified deficiencies within thirty (30) days after receipt of notice from the LAA. If such violation is not corrected to the satisfaction of the LAA within such thirty (30) day period, the LAA may declare a default under this Contract; however, if such condition is not reasonably curable within thirty (30) days despite the Landlord’s reasonable and continued efforts to cure, the Landlord may develop a written plan to correct the deficiencies and submit such plan to the LAA. The LAA, at its sole discretion, may grant or deny additional days to cure such deficiencies.

Notwithstanding the foregoing, if a deficiency is in an occupied RHS Program Unit and poses a serious threat to the health and safety of the Tenant, the Landlord must correct such the deficiency within seventy-two (72) hours after receipt of notice from the LAA. Any such deficiency not cured within such seventy-two (72) hour time period shall be a default under this Contract.

The Authority shall have the right to conduct its own inspection of all RHS Program Units receiving Rental Assistance under this Contract.

i. Reporting Requirements. On or before the first(1st) day of each quarter during the Term of this Contract, the Landlord shall provide a report to the LAA certifying such quarter’s activity (“Landlord Certification”), in the form of Exhibit H hereto (as may be amended from time to time by the Authority).

j. Evictions. The Landlord shall not evict any Tenant from a RHS Program Unit without good cause.

k. Lead-Based Paint. The Landlord shall certify to the LAA that no RHS Program Unit contains lead based paint hazards; such certification shall be in the form of Exhibit I hereto (as may be amended from time to time by the Authority).

l. Non-Public Information. The Landlord shall not reveal any information in connection with a prospective Tenant’s and existing Tenant’s non-public personal information except to the LAA, the Authority, or as otherwise required by law.

m. Fair Housing. The Landlord shall comply with the applicable provisions of the Illinois Human Rights Act, 775 ILCS 5 and the regulations promulgated thereunder, 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 laws and regulations concerning discrimination and fair housing. The Landlord further agrees to take affirmative action to ensure that no unlawful discrimination occurs.

n. Tenant Selection Plan. Prior to any disbursement of funds to Landlord, Landlord shall have submitted an approved Tenant Selection Plan to the LAA. Landlord shall select Tenants only through such approved Tenant Selection Plan.

o. Good Standing. The Landlord represents and warrants that, to the extent applicable, it is in good standing with the Secretary of State of Illinois, it is duly authorized and existing and has the requisite authority to enter into this Contract and the Lease.

p. Compliance with Local Laws. The Landlord shall at all times during the Term of this Contract comply with all local laws, ordinances, rules, regulations and orders applicable to a RHS Program Unit and the Property.

q. Proof of Ownership. Prior to the execution of this Contract, the Landlord shall submit proof of ownership of the Real Estate (“Proof of Ownership”) to the LAA. Proof of Ownership shall include a copy of the deed and a copy of the most recent real estate tax bill of the Real Estate.

r. No Identity of Interest. The Landlord certifies that there is no identity of interest between the Landlord and the Tenants. If there is an identity of interest as described above, the Landlord shall disclose such identity of interest to the LAA within five (5) business days of its discovery. Upon receipt of the disclosure of the identity of interest, the LAA (subject to IHDA’s approval in its sole discretion) shall determine whether the Landlord and/or Tenants are eligible to receive rental assistance under the RHS Program.

4. Disbursement of Funds. The terms and conditions under which such disbursements shall be made are as follows:

a. First Disbursement. Pursuant to the Funding Agreement, the Authority shall authorize the first disbursement of funds (the “First Disbursement”) from the Allocation (for Rental Assistance or otherwise) only upon receipt by the Authority of the following documents, acceptable to the Authority in its sole discretion:

i. An executed copy of this Contract;

ii. A copy of the Tenant Income Certification completed by each Tenant;

iii. A copy of the executed Lease and the executed Rider to Lease for each Tenant;

iv. A rent schedule as set forth on Exhibit C hereto completed by the Landlord and reviewed by the LAA; and

v. Any and all other documents and showings reasonably requested by the Authority or its counsel.

b. Subsequent Disbursement. Pursuant to the Funding Agreement, provided neither the LAA nor the Landlord is in default under (1) the Funding Agreement, (2) this Contract or (3) any Program Requirements, the Authority shall authorize disbursement of funds from the Allocation (for Rental Assistance and otherwise) prior to the beginning of each calendar quarter during the Term of this Contract; subject to reconciliation of LAA data submitted during the expiring quarter and confirmation of the LAA’s continued performance under the Funding Agreement for the same time period.

c. Payments to Landlord. Upon the approval of each disbursement request, the Authority shall transfer the requested funds from the Allocation directly to the LAA’s bank account, established at a bank or other financial institution selected by the LAA and reasonably acceptable to the Authority (the “Bank Account”). The LAA shall disburse funds from the Bank Account to Landlord, at the address specified in Paragraph 11.g or at such other location as Landlord may designate in writing from time to time, prior to the beginning of each calendar quarter during the Term of this Contract in the amount of the Rental Assistance applicable to such quarter. All funds received by the Landlord shall be used only for Rental Assistance, subject in all events to the terms and conditions of the Program Requirements.

d. Overpayments/Receipt of Excess Funds. Beginning with the First Disbursement and thereafter, Landlord shall receive funds only in the amount of Rental Assistance required for occupied RHS Program Units applicable to such quarter. In the event Landlord receives any excess funds, Landlord shall return such overpayments to the LAA within 7 (seven) days of the earlier of (i) the date Landlord has knowledge of such overpayment, or (ii) the date the LAA notifies Landlord of such overpayment. If the Authority determines that the Landlord is not entitled to any payments received, in addition to other remedies, the Authority may deduct the amount of the overpayment from any amounts due the Landlord. Upon the expiration or earlier termination of this Contract, the LAA shall reconcile amounts funded to Landlord and amounts actually due to Landlord for Rental Assistance, any excess funds determined to exist by the LAA shall be repaid to the LAA within thirty (30) days after notice from the LAA. In the event the Landlord does not promptly repay any such excess amount to the LAA, such failure shall be a default hereunder and the Authority may, in its sole discretion, assist the LAA in enforcing any and all available remedies.

e. Lack of Funding. Notwithstanding anything to the contrary contained herein, the obligations of the LAA and the Authority under this Contract shall cease without penalty if any of the following occur: (1) the Illinois General Assembly fails to make an appropriation for the RHS Program sufficient to pay such obligations; (2) adequate funds are not appropriated, granted or otherwise distributed to the Authority to allow the Authority to fulfill its obligations under the Funding Agreement or this Contract; (3) funds appropriated are de-appropriated, not allocated or not distributed to the Authority; or (4) funds appropriated or allocated to the Authority are insufficient to fulfill the Authority's obligations, as determined by the Authority in the its sole discretion.

5. Additional Duties. In addition to the other duties of the Landlord set forth in this Contract, the Landlord shall comply with the following:

a. Monitoring. The LAA shall have the right to monitor the Landlord’s compliance with the requirements of this Contract and the RHS Program including, but not limited to, the Landlord’s compliance with its Tenant Selection Plan and, if applicable, the Landlord’s performance in certifying and recertifying Tenants’ annual income.

b. Additional Information. At the request of the LAA, the Landlord shall furnish such reports, certifications, budgets, operating reports, inspections, and analyses as required pursuant to the Program Requirements or by other applicable state or local statutes or other requirements. In addition, the Landlord shall give specific answers to written questions from the LAA in connection with this Contract.

c. Record Retention. The Landlord shall keep all records relating to its activities under this Contract for a period of five (5) years from the expiration of the Term of this Contract.

6. Default. Any of the following shall constitute a default hereunder:

a. If the Landlord has violated any term or provision of this Contract or the Program Requirements; or

b. If the Landlord has demonstrated any intention to violate any term or provision of this Contract or the Program Requirements; or

c. If the Landlord has committed any fraud or made any false statement in connection with this Contract, the Program Requirements or any other housing assistance program.

Upon determination by the LAA, in its sole discretion, that a default has occurred, the LAA shall notify the Landlord, with a copy to the Authority, of (i) the nature of the default, (ii) the actions required to be taken and the remedies to be applied on account of the default (including actions by the Landlord to cure the default, and, where appropriate, abatement of Rental Assistance in whole or in part and recovery of overpayments), and (iii) the time within which the Landlord shall respond with written evidence that it has taken all actions required of it pursuant to the LAA notice. If the Landlord fails to respond or take action to the satisfaction of the LAA and the Authority within the time specified, the LAA shall have the right to terminate this Contract in whole or in part (with respect to all or any number of the RHS Program Units), to exercise any other remedies available to it at law or in equity and to take other corrective action to achieve compliance, in its discretion, or as directed by the Authority.

The LAA’s remedies are cumulative and the exercise of one shall not be deemed an election of remedies, nor foreclose the exercise of the LAA’s other remedies. No waiver by the LAA of any breach of this Contract shall be deemed to be a waiver of any other existing or subsequent breach of this Contract. The failure or delay of the LAA in exercising any of its rights under this Contract in any one or more instances, or the exercise of less than all of its rights in any one of more instances, shall not be deemed or construed as a waiver of any such rights.

7. Disputes. If there is a dispute between the Landlord and a prospective or existing Tenant concerning the Tenant’s annual income or other eligibility requirements of the RHS Program, the Landlord shall attempt to resolve the dispute. If the Landlord is unable to resolve the dispute, the Landlord shall notify the LAA.

If there is a dispute between the LAA and a prospective or existing Tenant concerning Tenant’s annual income or other eligibility requirements of the RHS Program, the LAA shall attempt to resolve the dispute. If LAA is unable to resolve the dispute, either party to the dispute may appeal to the Authority. Both parties shall submit a written statement of their position and all relevant documentation to the Authority. The Authority’s decision with respect to such dispute shall be final.

8. Monitoring of Landlord by the LAA. The LAA shall have the right at any time during the Term of this Contract, and for five (5) years thereafter, upon reasonable notice to the Landlord, to inspect the books and records of the Landlord relating to the RHS Program and any RHS Program Unit.

9. Definitions. As used in this Contract, the following terms shall have the following meanings:

a. “Tenant” means a single person, family or unrelated persons living together who enter into a lease agreement with a landlord in connection with the rental assistance of a RHS Program Unit.

b. “Extremely Low Income Households” means a Tenant whose annualized adjusted income is less than or equal to thirty percent (30%) of the median income for the area in which the Tenant resides, as published by the Authority from time to time and based on data published by United States Department of Housing and Urban Development.

c. “Severely Low Income Households” means a Tenant whose annualized adjusted income is less than or equal to fifteen percent (15%) of the median income for the area in which the Tenant resides, as published by the Authority from time to time and based on data published by United States Department of Housing and Urban Development.

10. Term of Contract. This Contract shall begin on ______________________, 20__ and end on the earlier to occur of June 30, 20___ or the expiration of the Funding Agreement (the “Term”).

11. Miscellaneous.

a. Amendment of Contract. This Contract shall not be altered or amended without the prior written approval of all the parties hereto.

b. Execution of Conflicting Documents. The Landlord warrants that it has not executed, and it agrees that it shall not execute, any other agreement with provisions contradictory, or in opposition, to the provisions of this Contract, and that, in any event, the requirements of this Contract are and shall be paramount and controlling as to the rights and obligations set forth in such other agreement and supersede any other requirements in conflict with this Contract.

c. Partial Invalidity. If any term, covenant, condition, or provision of this Contract, or its application to any circumstance, shall, at any time or to any extent, be determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Contract, or the application of it to circumstances other than those as to which it is held invalid or unenforceable, shall not be affected by such determination and each term, covenant, condition and provision of this Contract shall be valid and enforceable to the fullest extent permitted by law.

d. Successors. This Contract shall bind, and the benefits to shall inure to, the parties to this Contract, their legal representatives, successors in office or interest and assigns; however, the Landlord may not assign this Contract or any of its obligations under this Contract without the prior written approval of the LAA.

e. Gender. The use of the plural in this Contract shall include the singular; the singular shall include the plural; and the use of any gender shall be deemed to include all genders.

f. Captions. The captions used in this Contract are used only as a matter of convenience and for reference and in no way define, limit or describe its scope or intent.

g. Notices. Any notice, demand, request or other communication that any party may desire or may be required to give to any other party under this Contract shall be given in writing, at the addresses set forth below, by any of the following means: (a) personal service; (b) overnight courier; or (c) registered or certified United States mail, postage prepaid, return receipt requested.

If to the Landlord:

________________________________

Attention: ________________________________

Telephone: ________________________________

and if to the LAA:

________________________________

Attention: ________________________________

Telephone: ________________________________

If to the Authority:

Illinois Housing Development Authority

111 E. Wacker Drive, Suite 1000

Chicago, Illinois 60610

Attention: Program Coordinator, Rental Housing Program

Telephone: 312-836-5200

with a copy to:

Illinois Housing Development Authority

111 E. Wacker Drive, Suite 1000

Chicago, Illinois 60610

Attention: General Counsel

Telephone: 312-836-5200

Such addresses may be changed by notice to the other party given in the same manner as provided in this Contract. Any notice, demand, request or other communication sent pursuant to subparagraph (a) shall be served and effective upon such personal service. Any notice, demand, request or other communication sent pursuant to subparagraph (b) shall be served and effective one (1) business day after deposit with the overnight courier. Any notice, demand, request or other communication sent pursuant to paragraph (c) shall be served and effective (3) business days after proper deposit with the United States Postal Service.

h. Exhibits. The exhibits attached hereto are incorporated herein and made a part hereof.

i. Counterparts. This Contract may be executed in counterparts, and each counterpart shall, for all purposes for which an original of this Contract must be produced or exhibited, be this Contract, but all such counterparts shall constitute one and the same instrument.

12. Additional Certification.

The Landlord certifies that its correct Federal Taxpayer Identification Number is _______________ or Social Security Number(s) is _______________ and _______________.

[REMAINDER OF PAGE INTENTIONALLY BLANK; SIGNATURE PAGE FOLLOWS]

IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their authorized officers as of the date first above written.

LANDLORD:

________________________________

By: ________________________________

Printed Name: _____________________________

Its: ________________________________

LAA:

________________________________

By: ________________________________

Printed Name: _____________________________

Its: ________________________________

APPROVED:

ILLINOIS HOUSING DEVELOPMENT

AUTHORITY

By: ________________________________

Printed Name: _____________________________

Its: ________________________________

Exhibits:

A : Legal Description

B : Additional Addresses

C : Rent Schedule

D : Rider to Lease

E : Tenant Bill of Rights

F : Tenant Income Certifications

G : Vacancy Notification Form

H : Landlord Certification of Activity Report

I : Lead Base Paint Certification

EXHIBIT B

ADDITIONAL ADDRESS

_________________________, _________________________, Illinois;

NO1 FEB 2001 VACUUMTRUCK FATALITY BACKGROUND
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