Ill. Admin. Code tit. 47 § 380.407

Current through Register Vol. 48, No. 50, December 13, 2024

Section 380.407 - Inspection Requirements

Before releasing Rental Assistance funds for a Unit, the LAA or its agent shall inspect the Unit and the common areas and grounds of the building in which the Unit is located, and shall certify that the Unit and the common areas and grounds of the building comply with Housing Quality Standards. LAAs shall also inspect all Units, together with the common areas and grounds of the Unit's building, at least bi-annually. In other years, LAAs shall inspect a sampling of Units to visually observe the physical condition of the Units, including appliances, doors, locks, smoke detectors, and other health and safety items. In other years, if a Landlord receives Rental Assistance for fewer than three Units, the LAA shall perform a visual inspection of all Units; but if a Landlord is receiving Rental Assistance for three or more Units, the LAA may inspect a sample of these Units in each building in which the Units are located, but no fewer than three Units in each building. An Agency may decide to conduct inspections of Units itself, in the manner set forth in this Section. If an LAA or an Agency determines that one or more Units do not satisfy the Housing Quality Standards, it shall give the Landlord of the Unit or Units a period not to exceed 30 days in which to correct the deficiencies discovered in the inspection. However, if the deficiency is in an occupied Unit and poses a serious threat to the health and safety of the Tenant, the deficiency must be corrected within 72 hours.

a) Examples of conditions that are considered to pose a serious threat to the health and safety of the Tenant include, but are not limited to, the following:

1) detection of propane, natural gas or methane gas;

2) exposed electrical wires or open electrical panels;

3) water leaks on or near electrical equipment;

4) blocked emergency or fire exits;

5) unusable fire escapes;

6) blocked egress or ladders;

7) any carbon monoxide hazard connected with, but not limited to, gas or oil-fired units and missing or misaligned chimneys; and

8) any other conditions the Agency finds to be a health or safety threat.

b) If the deficiency is not corrected within the 72-hour period, or the 30-day period if the LAA determines that the deficiencies are serious enough to merit relocation, the LAA shall use its best efforts to find a replacement Unit for the Tenant. If a replacement Unit is found, the lease for the deficient Unit shall be terminated and the Tenant shall be relocated to the replacement Unit and shall enter into a new lease.

Ill. Admin. Code tit. 47, § 380.407

Amended at 46 Ill. Reg. 12608, effective 7/7/2022