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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 29. PUBLIC WELFARE |
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Chapter 29-25. SHELTER AND SUPPORTIVE HOUSING FOR INDIVIDUALS AND FAMILIES |
Section 29-2543. OFFICE OF SHELTER MONITORING
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2543.1 The Office of Shelter Monitoring (Office) shall monitor and evaluate the services delivered by all programs covered by the Act.
2543.2 For shelters and supportive housing programs, the Office shall monitor the conditions, services, and practices, evaluating, to the extent applicable, the:
(a) Health, safety, and cleanliness of shelters and site-based supportive housing program. For programs with individual, scattered site housing, the quality of the housing offered;
(b) Policies, practices, and Program Rules;
(c) Accessibility of program to clients with disabilities;
(d) Appropriateness of facility for families;
(e) Respect for applicable client rights set forth in sections 2512 and 2513;
(f) Compliance with applicable Provider standards set forth in sections 2515 through 2519;
(g) Comments of clients and program staff;
(h) Ability of the program to facilitate transition from homelessness to permanent housing; and
(i) Any other information deemed appropriate.
2543.3 For each program required to be monitored the Office shall conduct an inspection on the premises at least once during each calendar year. The Office may conduct more than one (1) inspection per year per program and may conduct inspections on an announced or unannounced basis.
2543.4 For each monitoring inspection, the Office shall issue to the Provider a monitoring report summarizing the findings of the inspection.
2543.5 For purposes of this section, if the Provider is a subcontractor of a District contractor, all written communications and reports from the Office to the Provider shall also be provided to the prime contractor. Likewise, any written communication from the Provider to the Office shall also be provided to the prime contractor.
2543.6 The monitoring report shall provide a comprehensive assessment of the program, including identifying areas of excellence, competence, and deficiencies. For identified deficiencies the report shall also include required corrective actions and required timeframe for completion of corrective action.
2543.7 Generally, Providers shall have up to seven (7) days from the date of the monitoring report to correct health and safety deficiencies, except that the Office may require more immediate action for deficiencies that present an immediate danger to residents, staff, or the public. For purposes of this subsection, health and safety shall include deficiencies under federal disability law, including the Americans with Disabilities Act, effective July 26, 1990 (104 Stat. 327; 42 U.S.C. §§ 12131 – 12134 (as amended), and the U.S. Attorney General’s implementing regulation, 28 C.F.R. Part 35, and any succeeding legislation, unless otherwise noted by the Office. For non-health or safety deficiencies, Providers shall have thirty days from the date of the monitoring to report correct the deficiency, unless otherwise noted in the report.
2543.8 The Provider shall correct the deficiencies noted, and submit documentation to the Office that such corrective actions were taken within the required timeframes.
2543.9 If the Provider is unable to complete a corrective action within the required timeframes, the Provider shall submit to the Office the reason for not meeting the required timeframe along with a proposed corrective action plan with reasonable deadlines that will correct the deficiencies in as timely a manner as possible. The proposed corrective action plan shall be submitted to the Office by the deadline given for the corrective action. The corrective action plan will be considered accepted by the Office, unless the Office notifies the Provider otherwise within five business days of receiving the proposed corrective action plan.
2543.10 Based on the corrective action plan, the Provider shall submit follow-up documentation to the Office that the required corrective actions were taken within the projected timeframes, or why such work has not been completed in a timely manner and the Provider’s proposed solution.
2543.11 If the Office determines that the Provider has not satisfactorily corrected the deficiencies set forth in the monitoring report, either as required by the monitoring report or the corrective action plan submitted by the Provider, the Office shall notify the Provider of the remaining deficiencies and the corrective action that is required, as well as any new deadlines for correcting deficiencies.
2543.12 At any time in the monitoring process, and particularly where the Provider fails to timely correct deficiencies outlined in a monitoring report, the Office may pursue additional remedies, including requiring acceptance of technical assistance, training, increasing the number of announced or unannounced visits by Office monitors, or other applicable remedies necessary to ensure Provider compliance. When determining whether to renew a contract with a provider, the Department or its contractor shall consider annual monitoring reports as well as investigatory findings made in response to complaints about the program filed with either the ADA Coordinator or OSM.
2543.13 If the Provider is a direct contractor with the District, and the Office determines that the Provider has not satisfied the deficiencies in the monitoring report, the Office shall notify the Contracting Officer’s Technical Representative (COTR) of the Provider’s non-compliance.
2543.14 If the Provider is a subcontractor of a District contractor and the Office determines that the Provider has not satisfied the deficiencies in the monitoring report, the Office, after providing adequate and timely notice to the prime contractor in accordance with the timeframes established in the contract to correct the deficiencies, shall notify the COTR that the prime contractor has failed to ensure that its subcontractor is in compliance.
2543.15 Once the COTR receives notice that a Provider, or the prime contractor, is non-compliant with the contract, the COTR shall notify the Department’s Contracting Officer in writing of the prime contractor’s violation of the terms and conditions of the contract and shall develop a proposed notice to cure for review and approval by the Contracting Officer. The Contracting Officer shall proceed to send the notice to cure to the contractor in accordance with 27 DCMR §§ 3711 – 3712, and any other applicable laws, policies, and regulations.
2543.16 If the contractor, whether the Provider or the prime contractor, fails to satisfy the terms of the notice to cure, the Contracting Officer may proceed with any remedy available under 27 DCMR §§ 3711 – 3712, and any other applicable laws, policies, and regulations.
2543.17 The Office shall create and utilize a systematic tracking system to track the monitoring reports, deficiencies found, corrective action taken, and the timeframes within which deficiencies were corrected.
2543.18 The Office shall make available, upon request, each annual monitoring inspection report to clients of the program and members of the Interagency Council on Homelessness.
2543.19 In all activities conducted by the Office pursuant to this section, and in any reports released pursuant to subsection 2543.18, the Office shall ensure confidential treatment of the personal, social, legal, financial, educational, and medical records and information related to a client or any member of a client's family, whether obtained from the client or from any other source, consistent with confidentiality requirements of District and federal law.