 |
D.C. Municipal Regulations (Last Updated: September 13, 2017) |
 |
Title 14. HOUSING |
|
Chapter 14-49. PURPOSE AND SCOPE OF HOUSING CHOICE VOUCHER PROGRAM ADMINISTRATIVE PLAN |
Section 14-4907. PROTECTIONS FOR APPLICANTS AND PARTICIPANTS UNDER THE VIOLENCE AGAINST WOMEN ACT
-
4907.1in certain circumstances, as further explained below, applicants or participants may be afforded additional protections from HCVP requirements and policies under the Violence Against Women Act (VAWA). DCHA shall comply with the terms of VAWA in administration of the HCVP.
4907.2If a Family composition changes due to a member of the assisted Family engaging in criminal acts of physical violence against one or more other Family members or other people and the victim is part of the assisted Family, the perpetrator may not be considered a remaining Family member or an eligible Family member.
4907.3In making its decision as to who retains assistance, DCHA shall consider all credible evidence, including, but not limited to, a signed certification, HUD Form-50066, or other documentation of abuse submitted to DCHA by the victim in accordance with VAWA.
4907.4Pursuant to 24 C.F.R. § 5.2005(c) the denial of continued HCVP assistance to a Family member who engages in criminal acts of violence against Family members or others shall be considered a form of termination of the individual Family member. Should DCHA choose to exercise this authority, it shall follow the same procedures as described in chapters 58 and 89 of this title of the DCMR when terminating assistance to such an individual as it would when terminating the assistance of an entire Family.
4907.5Pursuant to 24 C.F.R. § 5.2005, criminal activity directly related to intrafamily violence, dating violence, or stalking, engaged in by a member of a tenant's household or any guest or other person under the tenant's control, shall not be cause for termination of tenancy, occupancy rights of, or assistance to the victim, if the tenant or immediate family member of the tenant is the victim.
4907.6Notwithstanding § 4907.5, an owner may still evict a tenant for a lease violation unrelated to domestic violence, provided that the owner does not subject such a tenant to a more demanding standard than other tenants in making the determination whether to evict or terminate the tenancy.
4907.7A victim of domestic violence, sexual violence, dating violence, or stalking who is absent for more than one hundred twenty (120) days may still be considered a Family member based on documentation that the victim is expected to return to the Family in a reasonable time if the victim provides DCHA documentation from a social worker, police officer, shelter, or other qualified agency regarding the incident or incidences of domestic violence and current housing arrangements for the applicant Family.
4907.8If a Family or Family member participant who has been a victim of domestic violence, dating violence, or stalking by an individual, the participant may port to another PHA jurisdiction in violation of the lease as explained in chapter 55 of this title of the DCMR so long as the Family has complied with all other obligations.
4907.9If a Family or Family member participant who has been the victim of domestic violence, dating violence, stalking, sexual assault, or an intrafamily offense moves in violation of the lease, DCHA shall not terminate assistance if the move was related to the act.
4907.10A Family may document an incident or incidences of domestic violence, dating violence, or stalking as follows:
(a) The HUD-approved certification HUD Form-50066;
(b)Federal, state, tribal, territorial, or local police record;
(c)Documentation signed by an employee, agent, or volunteer of a victim service provider oran attorney or medical provider from whom the victim has sought assistance in the situation; or
(d)Other acceptable documentation in order to verify the Family’s claim of domestic violence, sexual violence, dating violence, or stalking.
4907.11DCHA shall keep such information confidential in accordance with VAWA and its implementing regulations.
4907.12If DCHA receives conflicting certification documents of domestic violence from two or more members of a household, each claiming to be a victim and naming one or more of the other petitioning household members as the perpetrator, DCHA may determine which Family member is the true victim by requiring third-party documentation in accordance with VAWA and its implementing regulations.