Section 22-A2209. LANDLORD PARTICIPATION

 

2209.01Each landlord who agrees to accept a Home First Subsidy on behalf of an eligible consumer shall sign a Subsidy Agreement with the Department.  The Subsidy Agreement shall require that the landlord:

 

(a)Comply with all applicable District laws and regulations, including 14 DCMR, Chapters 3 – 9;

 

(b)Enter into a lease agreement with an eligible consumer that complies with District law and the requirements of the Home First Subsidy program;

 

(c)Provide habitable housing in the District of Columbia in accordance with applicable federal and District laws relating to accessibility, health and safety, including compliance with Section 5323, “Acceptability Criteria and Exceptions to Housing Quality Standards” (“HQS”) of 14 DCMR, Chapter 53;

 

(d)Agree that in the event the housing is not maintained in accordance with the HQS, the Department may exercise any available remedy including suspension, abatement or termination of the supported housing subsidy, unless the HQS breach is the responsibility of the consumer;   

 

(e)Hold harmless and release the Department from any and all claims, actions, judgments and attorney fees arising from any damage or necessary repairs to the unit or property;

 

(f) Agree that the Department shall not pay any claim by the landlord against the tenant;

 

(g)Accurately report to the Department the date of scheduled move in, move out, the contract rent of each eligible consumer, and if the eligible consumer stops paying rent, the date of the most recent rent payment;

 

(h)Allow DMH or its designee to conduct annual inspections of the unit;

 

(i) Make necessary repairs identified during the annual inspection, or any other repairs necessary to remedy any housing code violations,  within thirty (30) days of notification, to avoid Department remedies including suspension, abatement or termination of the supported housing subsidy;

 

(j)Make repairs to life-threatening HQS or other housing code violations within twenty-four (24) hours of notice to the landlord, or the Department may suspend, abate or terminate the supported housing subsidy;

 

(k) Notify the Department within five (5) calendar days if the consumer is no longer living in a unit receiving the Home First Subsidy;

 

(l) Accept a Home First Subsidy from the Department as late as the 15th day of each month and waive penalties and fees for late payments if received by the 15th of each month;

 

(m)Not levy fines or penalties against the consumer, or take action against the consumer to terminate the tenancy, for late or non-payment of the Home First Subsidy or while the Department and the landlord are actively working to resolve verification and payment issues; 

 

(n)Notify the Department as well as the consumer when initiating any legal action against the consumer;

 

(o)Participate in a mediation program before taking any adverse action against the consumer, if the eligible consumer also agrees to participate;

 

(p)Agree that the Department, in addition to other remedies, may deduct the amount of a subsidy overpayment from any amounts due the owner, including amounts due under any other supported housing subsidy payment; and

 

(q)Provide the Department, upon request, with a list verifying current occupancy and tenancy status for all consumers receiving a Home First Subsidy.

 

2209.02A landlord shall neither demand nor accept any rent payment from the eligible consumer in excess of the Total Consumer Rent Payment, i.e., the amount approved by the Department in writing.

 

2209.03A landlord who accepts a supported housing subsidy for a consumer who is no longer a tenant of the property, shall return the supported housing subsidy to the Department within fifteen (15) calendar days of receipt.

 

2209.04If a landlord fails to comply with a provision of these rules, the Department and the District may exercise any of its rights and remedies under the law including recovery of overpayment, or abatement or suspension of subsidy payments. 

 

2209.05Nothing in this chapter shall be construed to create any legal rights, substantive or procedural, by a landlord in any matter, administrative, civil or criminal against the District.  The Department’s payment of a supported housing subsidy shall not be deemed to create a relationship of partnership, joint venture, or agency between the Department, consumer, and participating landlord.  The Department shall not be held liable as a result of the Department’s payment of a supported housing subsidy for the unit for any damage to the unit caused by the consumer.

 

authority

Sections 104 and 105 of the Department of Mental Health Establishment Amendment Act of 2001, effective December 18, 2001 (D.C. Law 14-56; D.C. Official Code §§ 7-1131.04 and 7-1131.05 (2008 Repl. & 2012 Supp.)).

source

Final Rulemaking published at 50 DCR 3175(April 25, 2003); as amended by Final Rulemaking published at 52 DCR 7026 (July 29, 2005); as amended by Final Rulemaking published at 60 DCR 6479 (May 3, 2013).