Cal. Civ. Code § 380.301
Tenant Eligibility; Required Percentage of Severely Low-Income Tenants
Operative Text
Eligible Tenants shall be either Extremely Low-Income Households or Severely Low-Income Households; provided, however, that a Household that is already receiving or will receive Rental Assistance under a federal program shall not be eligible to be a Tenant.� At least 50% of the Units for which an LAA or a Developer receives Rental Assistance shall be reserved for Severely Low-Income Households unless the LAA or the Developer is able to demonstrate that there are an insufficient number of Severely Low-Income Households currently residing in the Service Area defined in the Application or the area in which the Project is located, as applicable, who are qualified to become Tenants.� The LAA or the Developer must show that it has made extensive, but unsuccessful outreach efforts, including contacting non-profit corporations serving the homeless, disabled, and senior citizens in the Service Area or the area in which the Project is located; contacting public housing authorities with jurisdiction in the Service Area or the area in which the Project is located; and otherwise publicizing the availability of these Units at appropriate locations within and surrounding the Service Area or the area in which the Project is located, such as through advertising in local newspapers, or meetings with community groups.� The Applicant must submit this evidence to the Agency with its Application.�
Under 47 Ill. Admin. Code pt. 380 § 380.301, rental assistance units administered through this Illinois program are restricted to households that qualify as either Extremely Low-Income or Severely Low-Income — but households already receiving federal rental assistance are excluded from eligibility. At least half of all assisted units must be set aside specifically for Severely Low-Income Households, unless a developer or Local Administrative Agency (LAA) can document that too few such households exist in the relevant service area. When that exception is sought, the rule requires documented proof of broad, unsuccessful outreach efforts — including contact with nonprofits, public housing authorities, and community advertising — submitted directly to the Agency with the application.
Plain English — not legal advice.
Property owners and developers participating in this Illinois rental assistance program under 47 Ill. Admin. Code pt. 380 § 380.301 generally maintain tenant eligibility records that confirm each household meets the Extremely Low-Income or Severely Low-Income thresholds and does not already receive federal rental assistance. Compliant operators typically track unit reservations to ensure at least 50% are designated for Severely Low-Income Households. When that 50% threshold cannot be met due to insufficient qualifying applicants in the service area, operators document extensive outreach — such as contacting homeless and disability nonprofits, public housing authorities, and placing local advertisements — and submit that evidence to the Agency alongside the application.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 380.301 of 47 Ill. Admin. Code pt. 380 establishes that tenants in this Illinois program must fall within Extremely Low-Income or Severely Low-Income household definitions, and that households already receiving federal rental assistance are not eligible for these units. Tenants who believe they qualify under these income thresholds and have been improperly screened out may have grounds to raise that determination as an issue with the administering Local Administrative Agency (LAA) or the Illinois Housing Development Authority. Tenant-rights organizations and legal aid providers familiar with Illinois affordable housing programs can help individuals understand whether their household income classification and eligibility were assessed consistently with this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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