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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 14. HOUSING |
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Chapter 14-53. RECERTIFICATIONS, HOUSING QUALITY STANDARD INSPECTIONS, AND FAMILY MOVES |
Section 14-5317. REMOVING A HOUSEHOLD MEMBER
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5317.1The Family shall notify DCHA within thirty (30) days of occurrence, if any Family member no longer lives in the unit.
5317.2DCHA shall make the determination whether the person no longer living in the unit is considered to be temporarily absent or permanently absent in accordance with § 5318, before the Family member can be removed from the household.
5317.3DCHA shall not remove the Family member from the household until such time as it can be sufficiently verified that the person is residing elsewhere.
5317.4Sufficient verification that a person is residing elsewhere shall include at least one (1) of the following:
(a) A lease for another unit;
(b)A utility bill for another unit;
(c)Government-issued ID issued after the date the household member vacated the leased premises;
(d)U.S. Postal Service change-of-address form;
(e)School records;
(f) Court order; including but not limited to a Civil Order of Protection;
(g) Government benefits record; or
(h)Other documentary proof satisfactory to the DCHA.
5317.5If the Family is unable to produce documentation satisfactory to the DCHA, the Family may submit a form attesting under penalty of perjury that the individual has permanently vacated the household, and DCHA shall remove the individual from the Family composition upon receipt of such form.
5317.6If a Family receiving assistance breaks up into two (2) otherwise eligible families as a result of divorce, separation, or intrafamily offenses, then DCHA shall use the following procedures to determine which Family shall continue to be assisted:
(a) DCHA shall be bound to any decision of the courts, including but not limited to in cases of divorce, legal separation, or intrafamily offenses, as to who shall continue to receive assistance;
(b) In the case that there is no judicial decision relating to the assistance, DCHA shall consider the following:
(1) Any incidence of domestic violence or an intrafamily offense, in which case, the victim of the violence or offense shall continue to receive assistance;
(2) The interest of minor children; or
(3) The interest of an ill, elderly, or disabled Family member; and;
(c)If DCHA receives conflicting certification documents of domestic violence from two (2) or more members of a household, each claiming to be a victim and naming one (1) 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 the Violence Against Women Act (VAWA), as explained in § 4907.8 and other applicable laws using the following guidelines;
(1) Prior to making any determination on who retains assistance, DCHA shall attempt to notify both adult family members involved in the alleged incident by first-class mail to the residence or an alternative address if one is provided that only one (1) part of the family shall continue to receive assistance;
(2) The notice shall inform both adults of how DCHA will determine who retains assistance, and what relevant information each adult can provide to assist DCHA in making its determination;
(3) After making its determination using the factors as enumerated in § 5317.6, DCHA shall notify both adults in writing of its decision and the basis for the decision; and
(4) The adult family member who DCHA determines shall not continue to receive assistance shall be entitled to an informal hearing pursuant to chapter 89 of this title of the DCMR.
5317.7DCHA shall not determine that both families shall continue to be assisted unless an exception applies pursuant to VAWA or other applicable laws.
5317.8If the Head of Household has been determined to be permanently absent due to a medical reason, death, or incarceration, DCHA may permit a remaining adult family member to become Head of Household if the remaining Family is comprised of one or more of the following persons:
(a) Minor children;
(b) Elderly; or
(c) Disabled.
5317.9DCHA shall notify the remaining family member in writing of its determination within thirty (30) days of receipt of the completed application.
5317.10If DCHA determines that a remaining adult family member is eligible to become Head of Household under § 5318.9, the adult family member must first:
(a) Submit an application; and
(b)Attend a briefing.
5317.11Live-in Aides, Foster Children, and adult wards are not considered part of the Family and shall not be considered remaining Family members.
5317.12If the Head of Household leaves the assisted unit voluntarily, other adult Family members shall not be considered remaining Family members and housing assistance shall not be continued unless the remaining Family members can provide the information required by § 5405.1(d). This shall be considered a voluntary withdrawal from the Program that is not subject to informal hearing procedures.
5317.13If the Head of Household dies or permanently vacates the unit and there are remaining Family members but no remaining adult household members, or none who are able to serve as Head of Household, then an adult who is not listed as a member of the household composition may reside in the assisted unit and may apply to become Head of Household. The following shall apply under these circumstances:
(a)The applicant to be Head of Household must produce evidence of a caregiving relationship with the remaining minor children or disabled adults. Such documentation may include, but is not limited to, court order; notarized authorization from the children’s legal guardian; school or medical records; public benefit records; and sworn statements from medical, legal, or social service professionals;
(b) Where the remaining Family members are minors, the applicant to be Head of Household must either:
(1) Obtain Custodial Power of Attorney; or
(2) Commence legal proceedings to obtain legal guardianship or custody of the minor children. So long as such proceeding is pending, and the applicant has produced evidence of a caregiving relationship and meets DCHA’s other screening criteria, DCHA shall consider the applicant to be eligible to be Head of Household and the voucher shall be transferred to that person;
(c)In the case of § 5318.4(b)(ii), the applicant’s eligibility to be Head of Household is contingent on legal proceedings pending or being resolved in favor of the applicant. If a court of competent jurisdiction denies the applicant’s petition for custody or guardianship, no appeal is pending, or the appeal period has expired, DCHA will determine the applicant ineligible to be Head of Household and may issue a Recommendation for Termination (RFT). In that event, another remaining adult household member may submit an application to be Head of Household within thirty (30) days of the issuance of the RFT, and DCHA will process such application in accordance with the requirements of this section; and
(d)Where more than one (1) adult has competing claims to become Head of Household as caregivers of the remaining minor children, DCHA shall follow the ruling of a court of competent jurisdiction regarding the custody or guardianship of the children.
5317.14During any period that a caregiver is considered a visitor, the income of the caretaker shall not be counted in annual income and the caregiver does not qualify the Family for any deductions from income.