Section 29-7501. APPLICATION PROCESS

 

7501.1Each application shall be in writing on a form prescribed by the Department and signed by the applicant under penalty of perjury. If the applicant is married and living with a spouse, both spouses shall sign the application as an applicant unit (hereinafter "applicant").

 

7501.2An authorized representative may apply on behalf of the applicant, if the applicant provides a written and signed statement stating why the applicant cannot apply in person and the name and address of the person authorized to act on the applicant's behalf.

 

7501.3The Department shall provide application forms and the provider of services shall accept applications from each applicant who requests assistance.

 

7501.4At the time of application, each applicant shall be provided with a clear, concise, written notice containing the applicant's rights and responsibilities and the provider's responsibilities with respect to the Program.

 

7501.5As a condition of eligibility of receipt of funds, all applicants must sign a document acknowledging receipt of the notice of applicant's rights and responsibilities and the provider's responsibilities and a release form authorizing the provider to obtain or verify information necessary to processing the application.

 

7501.6If, pursuant to 7503.2, the provider determines that case management is necessary to ensure that the applicant addresses the circumstances which led to the need for emergency rental assistance, the applicant, as a condition of eligibility, shall agree to participate in such case management. Failure to agree to or cooperate in such case management may result in ineligibility.

 

7501.7Each applicant shall cooperate fully in establishing his or her eligibility, the nature of the emergency, and the extent of the need. This shall include, but not be limited to, providing documentation or collateral proof of:

 

(a)Household composition;

 

(b)Income and assets;

 

(c)Household expenses; and

 

(d)Facts and circumstances surrounding rental arrearages.

 

7501.8The provider shall give to each applicant a written request specifying the information needed to complete the application and the provider shall discuss with the applicant how to obtain the information. The application is complete when all required information is furnished.

 

7501.9If requested by an applicant with a disability, or the authorized representative of an applicant with a disability, the provider shall assist such applicant or authorized representative with any aspect of the application process necessary to ensure that the applicant with a disability has an equal opportunity to submit an application.

 

7501.10The provider may use documents, telephone conversations, personal and collateral interviews, reports, correspondence, and conferences to verify applicant information.

 

7501.11The provider shall complete the eligibility and assistance determination in as short a time as possible but not later than ten (10) calendar days after the date of a completed application. The provider shall not be responsible for delays caused by:

 

(a)The applicant's failure to supply information to document facts stated in the completed application without which eligibility cannot be determined;

 

(b)The inability to contact the applicant;

 

(c)Evidence of misrepresentation in the application;

 

(d)Refusal of a landlord to accept payments;

 

(e)Delay by a third party from whom the provider has requested information and over whom the provider has no control; or

 

(f)Any other delay in receipt of information or documentation necessary to complete the application over which the provider has no control.

 

7501.12If the emergency is expected to occur in less than ten (10) calendar days following the date of application, the provider shall take all reasonable steps to process the application in an expedited manner in time to resolve the emergency, if the applicant meets all eligibility criteria and a delay in processing the application is not caused by the failure of the applicant to provide documentation necessary for making an eligibility or assistance determination.

 

7501.13If an applicant is determined eligible for emergency rental assistance, the provider shall give to the applicant a Notice of Eligibility and Assistance Determination. This notice shall include, but need not be limited to:

 

(a)A clear statement of the eligibility determination;

 

(b)A clear and detailed statement of the amount of the emergency rental assistance for which the applicant unit has been determined eligible and the computation of assistance pursuant to section 7504;

 

(c)Any requirement needed from the recipient to authorize the provider to proceed with the disbursement of the emergency rental assistance grant to the appropriate vendors as necessary to alleviate the emergency; and

 

(d)A clear and complete statement of the client's right to appeal the eligibility or assistance determination through fair hearing and administrative review proceedings pursuant to section 7510, including the appropriate deadlines for instituting the appeal and the procedural rights the applicant will have during the appeals process.

 

7501.14If an applicant is determined ineligible, the provider shall give to the applicant a Notice of Denial of Eligibility. This notice shall include, but need not be limited to:

 

(a)A clear statement of the denial of eligibility;

 

(b)A clear and detailed statement of the factual basis for the denial;

 

(c)A reference to the regulation or policy pursuant to which denial was made; and

 

(d)A clear and complete statement of the client's right to appeal the determination or denial through fair hearing and administrative review proceedings pursuant to section 7510, including the appropriate deadlines for instituting the appeal and the procedural rights the applicant will have during the appeals process.

 

7501.15An application shall be considered abandoned if the applicant has not obtained and provided to the provider the required information for eligibility and assistance determination within sixty (60) days.

 

source

Final Rulemaking published at 54 DCR 12622 (December 28, 2007).