Cal. Civ. Code § 380.306
Amount of Rental Assistance, Rent, and Maximum Rent
Operative Text
a)�������� The amount of the Rental Assistance for each Unit shall be the difference between the amount of the rent for the Unit and the Tenant Contribution.� The amount of Rental Assistance for the Unit shall be established by the LAA and the Landlord, or the Agency and the Developer, as applicable.� b)�������� Rents for a Unit must be comparable to those of similar size and condition in the market area in which the Unit is located with similar amenities.� These comparable rents must be consistent with rent levels provided in the Application. c)�������� Rents shall not exceed Maximum Rents established for the area, as determined annually by the Authority, unless the rents throughout the local community are at such levels that, if the Maximum Rent is used, it is highly unlikely that there will be Units available for inclusion in the RHS Program.� If an LAA requests an increase in rents to a level greater that the Maximum Rent, the LAA must document these circumstances to the satisfaction of the applicable Agency before the Agency will approve the request.
Under 47 Ill. Admin. Code pt. 380 § 380.306, rental assistance is calculated as the gap between the unit's total rent and what the tenant is required to contribute. Rents for participating units must be comparable to similar units in the local market and consistent with what was proposed in the program application. Rents are generally capped at Maximum Rents set annually by the Authority, though an exception process exists when local market conditions make that cap impractical for finding available units.
Plain English — not legal advice.
Under § 380.306, landlords participating in the RHS Program work with the Local Administrative Agency (LAA) or the Agency and Developer to establish the rental assistance amount for each unit. Rents must reflect comparable market rates for similar units in size, condition, and amenities, and must align with the figures submitted in the original Application. Compliant operators keep rents at or below the Authority's annually determined Maximum Rent unless the LAA has obtained documented Agency approval for an exception based on local market conditions.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 380.306 establishes that the rental assistance a tenant benefits from is the difference between the full unit rent and the tenant's own required contribution, with the total rent subject to market-comparability and Maximum Rent requirements. Tenants in the RHS Program can review whether their unit's rent aligns with comparable units in the area and whether it falls within the Authority's annually set Maximum Rent limits. If a tenant believes the rent or assistance amount has been set incorrectly, they may raise the issue with the LAA or applicable Agency, or consult a tenant-rights organization familiar with Illinois affordable housing programs for guidance on available options.
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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