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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 29-2599. DEFINITIONS
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2599.1For the purposes of this chapter, the following terms shall have the meanings ascribed:
Act – the Homeless Services Reform Act of 2005, effective October 22, 2005 (D.C. Law 16-35; D.C. Official Code §§ 4-751.01, et seq. (2008 Repl. & 2011 Supp.)).
Adult –any individual who:
(a) Has reached the age of majority under District law as defined in the District of Columbia Age of Majority Act, effective July 22, 1976 (D.C. Law 1-75, D.C. Official Code § 46-101 (2005 Repl.)); or
(b) Qualifies as an emancipated minor under District law.
Americans with Disabilities Act or ADA –the act which prohibits discrimination based on disability in the provision of services offered by a public entity, approved July 26, 1990 (104 Stat.328; 42 U.S.C. §§ 12101 et seq., and the US Attorney General’s implementing regulation, 28 C.F.R. Part 35.
Apartment style – a housing unit with:
(a) Separate cooking facilities and other basic necessities to enable families to prepare and consume meals;
(b) Separate bathroom facilities for the use of the family; and
(c) Separate sleeping quarters for adults and minor children in accordance with the occupancy standards of Title 14 (Housing) of the District of Columbia Municipal Regulations.
Appropriate permanent housing – permanent housing that does not jeopardize the health, safety, or welfare of its occupants, meets the District's building code requirements, and is affordable for the client.
Appropriately trained and qualified – having received specialized training designed to teach the skills necessary to successfully perform one's job and to work compassionately with individuals and families who are homeless or at imminent risk of becoming homeless.
Basic necessities – a dinette set, refrigerator, stove, exhaust fan or window, storage cabinets, cookware, flatware, and tableware.
Child and Family Services’ Service Agreement - the casework document developed between the caseworker for the D.C. Child and Family Services Agency and the family that outlines the tasks necessary to achieve case goals and outcomes.
Client – an individual or family seeking, receiving, or eligible for services from a program within the Continuum of Care offered by the District of Columbia under the Act or by a Provider receiving funding for the program from either the District of Columbia or the federal government, if such funds are administered, whether by grant, contract, or other means, by the Department of Human Services or its designee.
Client Advocate - a qualified professional, employed or contracted by or on behalf of the District of Columbia to provide case management and coordination services for families, who is independent of all direct service Providers, and who remains with the family through the duration of services within the Continuum of Care.
Continuum of Care – a comprehensive system of services for individuals and families who are homeless or at imminent risk of becoming homeless that is designed to serve clients based on their individual level of need. The Continuum of Care may include crisis intervention, outreach and assessment services, shelter, transitional housing, permanent supportive housing, and supportive services.
Crisis intervention – assistance to prevent individuals and families from becoming homeless, which may include, but need not be limited to, cash assistance for security deposits, rent or mortgage payments, utility assistance, credit counseling, mediation with landlords, and supportive services.
Culturally competent – the ability of a Provider to deliver or ensure access to services in a manner that effectively responds to the languages, values, and practices present in the various cultures of its clients so the Provider can respond to the individual needs of each client.
Department – the Department of Human Services.
District – the District of Columbia government, its agents, or its designees.
Drug – a controlled substance as defined in the District of Columbia Uniform Controlled Substances Act of 1981, effective August 5, 1981 (D.C. Law 4-29; D.C. Official Code § 48-901.02(4) (2009 Repl.)) or in the Comprehensive Drug Abuse Prevention and Control Act of 1970, effective October 27, 1970 (84 Stat. 1242; 21 U.S.C. §§ 801, et seq. (as amended)).
Family – either of the following:
(a)A group of individuals with at least one (1) minor or dependent child, regardless of blood relationship, age, or marriage, whose history and statements reasonably tend to demonstrate that they intend to remain together as a family unit. For the purposes of this definition, the term “dependent child” shall mean a minor or adult child if such person has a physical, mental, or emotional impairment which is expected to be of long-continued and indefinite duration that substantially impedes his or her ability to live independently;
(b)A pregnant woman in her third trimester;
(c) Minor children of the applicant adult are presumed to be part of the family unit, regardless of previous living arrangements, as long as they presently intend to join and remain together as a family unit; or
(d)The partner or significant other of the applicant adult that otherwise meets the definition of family set forth in subparagraph (a) or (b) is presumed to be part of the family unit, regardless of previous living arrangements, as long as they presently intend to join and remain together as a family unit.
Good cause – includes illness, an accident, a childcare problem, severe weather conditions, another emergency, or a client’s desire to obtain a representative for the administrative review, or other similar circumstances.
Group home – a housing unit with:
(a)Sleeping quarters that may be shared;
(b)Shared cooking and bathroom facilities; and
(c)Other basic necessities to enable individuals or families to prepare and consume meals.
Homeless – either of the following:
(a)Lacking a fixed, regular residence that provides safe housing, and lacking the financial means to acquire such a residence immediately; or
(b)Having a primary nighttime residence that is:
(1)A supervised publicly or privately operated shelter or transitional housing facility designed to provide temporary living accommodations; or
(2)A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings.
Homeless Management Information System–the District of Columbia’s Homeless Management Information System (HMIS) established pursuant to the McKinney-Vento Homeless Assistance Act of 1986, effective July 22, 1987 (106 Stat. 4015; 42 U.S.C. § 11375) (as amended), and as required by the United States Department of Housing and Urban Development.
Housing First – a program that provides clients with immediate access to independent permanent housing and supportive services without prerequisites for sobriety or participation in psychiatric treatment. Clients in Housing First programs may choose the frequency and type of supportive services they receive and refusal of services will have no consequence for their access to housing or on continuation of their housing and supportive services.
Hyperthermia shelter – a public or private building that the District makes available, for the purpose of providing shelter to individuals or families who are homeless and cannot access other shelter, whenever the actual or forecasted temperature or heat index rises above ninety-five degrees Fahrenheit (95º) degrees Fahrenheit. The term “hyperthermia shelter” does not include overnight shelter.
Hypothermia shelter – a public or private building that the District makes available, for the purpose of providing shelter to individuals or families who are homeless and cannot access other shelter, whenever the actual or forecasted temperature, including the wind chill factor, falls below thirty-two degrees Fahrenheit (32º F).
Imminent risk of becoming homeless – the likelihood that an individual's or family's circumstances will cause the individual or family to become homeless in the absence of prompt government intervention.
Imminent threat to the health or safety –an act or credible threat of violence on the grounds of a shelter or supportive housing facility.
Individual with a disability – a person with a physical or mental impairment that substantially limits the major life activities of the person.
Interagency Council on Homelessness– the Interagency Council on Homelessness established pursuant to Section 2 of the Homeless Services Reform Act, effective October 22, 2005 (D.C. Law 16-35; D.C. Official Code § 4-752.01 (2008 Repl. & 2011 Supp.)).
LGBTQ – a person who self-identifies as lesbian, gay, bisexual, transgender, gender nonconforming, queer, or questioning their sexual orientation or gender identity and expression.
Local Rent Supplement Program (LRSP) –a locally funded housing assistance program operated by the District of Columbia Housing Authority (DCHA) established under Title II of the Fiscal Year 2007 Budget Support Act of 2006, known as the D.C. Housing Authority Rent Supplement Act of 2006, effective March 2, 2007 (D.C. Law 16-192; 53 DCR 7068), as amended or as provided in subsequent appropriation authority.
Low barrier shelter – an overnight housing accommodation for individuals, who are homeless, provided directly by, or through contract with or grant from, the District, for the purpose of providing shelter to individuals without imposition of identification, time limits, or other program requirements.
Office – the Office of Shelter Monitoring established pursuant to Section 27a of the Homeless Services Reform Act, effective October 22, 2005 (D.C. Law 16-35; D.C. Official Code § 4-754.51) (as amended).
Permanent supportive housing – supportive housing for an unrestricted period of time for individuals and families who were once homeless and continue to be at imminent risk of becoming homeless, including persons with disabilities as defined in 24 C.F.R. § 582.5, for whom self-sufficient living may be unlikely and whose care can be supported through public funds.
Program Rules – the set of Provider rules, client rights, and complaint and appeal procedures that have been proposed by a particular Provider and approved by the Mayor, for the purpose of governing the behavior and treatment of clients.
Provider – an individual or entity within the Continuum of Care that operates a program covered by the Act.
Rent Reasonableness Standard – is defined by the United States Housing and Urban Development, and means that the total rent charged for a unit must be reasonable in relation to the rents being charged during the same time period for comparable units in the private unassisted market and must not be in excess of rents being charged by the owner during the same time period for comparable non-luxury unassisted units.
Resident of the District – an individual or family who is living in the District voluntarily and not for a temporary purpose and who has no intention of presently moving from the District. The term "resident of the District" shall be interpreted and applied in accordance with D.C. Official Code § 4-205.03.
Safe housing – housing that does not jeopardize the health, safety, or welfare of its occupants and that permits access to electricity, heat, and running water for the benefit of occupants.
Sanction – an adverse action taken by a Provider affecting the delivery of services to a client, and may include loss of privileges or denial, reduction, delay, transfer for inappropriate or punitive reasons, suspension, or termination of services.
Service Plan – a written plan collaboratively developed and agreed upon by both the Provider and the client, consisting of time-specific goals and objectives designed to promote self-sufficiency and attainment of permanent housing and based on the client's individually assessed needs, desires, strengths, resources, and limitations.
Severe weather conditions – the outdoor conditions whenever the actual or forecasted temperature, including the wind chill factor or heat index, falls below 32 degrees Fahrenheit (32º F) or rises above 95 degrees Fahrenheit (95º F).
Severe weather shelter – a hyperthermia shelter or hypothermia shelter.
Shelter – severe weather shelter, low barrier shelter and temporary shelter.
Supportive housing – transitional housing and permanent supportive housing.
Supportive services – services addressing employment, physical health, mental health, alcohol and other substance abuse recovery, child care, transportation, case management, and other health and social service needs which, if unmet, may be barriers to obtaining or maintaining permanent housing.
Temporary shelter – means each of the following:
(a)A housing accommodation for individuals who are homeless that is open either twenty-four (24) hours or at least twelve (12) hours each day, other than a severe weather shelter or a low barrier shelter, provided directly by, or through contract with or grant from the District, for the purpose of providing shelter and supportive services; or
(b)A twenty-four (24) hour apartment style housing accommodation for individuals or families who are homeless, other than a severe weather shelter, provided directly by, or through contract with or grant from, the District, for the purpose of providing shelter and supportive services.
Transitional housing – a twenty-four (24) hour housing accommodation provided directly by, or through contract with or grant from, the District, for individuals and families who:
(a)Are homeless;
(b) Require a structured program of supportive services for up to two (2) years or as long as necessary in order to prepare for self-sufficient living in permanent housing; and
(c)Consent to a Service Plan developed collaboratively with the Provider.
Weapon – any pistol or other firearm (or imitation thereof), or other dangerous or deadly weapon, including a sawed-off shot gun, shot gun, machine gun, rifle, dirk, bowie knife, butcher knife, switch blade knife, razor, black jack, billy club or metallic or other false knuckles, as referenced in D.C. Official Code § 22-4502 (2001 ed. & 2011 Supp.), effective July 8, 1932 (as amended), and any air gun, air rifle, canon, torpedo, bean shooter, sling, projectile, dart, BB gun, spring gun, blow gun, other dangerous missile or explosive, or other dangerous weapon or ammunition of any character, as referenced in Chapter 23 of Title 24 of the District of Columbia Municipal Regulations.
Youth – a person who is under twenty-four (24) years of age.