Section 29-7609. RENTAL ASSISTANCE

 

7609.1HPRP rental assistance is solely for the purpose of assisting eligible households to quickly achieve housing stability by assisting them to remain in their existing rental units or to obtain and remain in a new rental unit. 

 

7609.2As a condition of receipt of HPRP rental assistance, the applicant shall agree to:

 

(a)Enter into a lease and comply with the terms of such lease;

 

(b)Contribute up to thirty percent (30%) of their adjusted annual income toward the cost for housing, in accordance with subsection 7609.3; 

 

(c)Accept a unit that meets the program unit criteria in accordance with subsection 7609.4; and;

 

(d)If applicable, apply for all public benefits and housing assistance for which the applicant is eligible, including applying for housing assistance from the District of Columbia Housing Authority.

 

7609.3Each household shall contribute toward the cost for housing up to thirty percent (30%) of their adjusted annual income, determined in accordance with the District of Columbia Housing Choice Voucher Program (HCVP) regulations found at 14 DCMR § 6200.  The HPRP rental assistance shall be the difference in the cost of housing.  For purposes of this section, the cost of housing shall include the cost of utilities, as determined in accordance with the HCVP regulations found at 14 DCMR § 6200.  

 

7609.4Receipt of HPRP rental assistance is conditioned on living in a rental unit that passes a housing inspection and meets HUD’s “Rent Reasonableness” standard.  HUD defines Rent Reasonableness to mean 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. 

 

7609.5The initial rental assistance benefit (short-term rental assistance) shall not exceed the equivalent of rental costs accrued over a period of three (3) months.

 

7609.6If a household receiving short-term rental assistance needs additional rental assistance to achieve housing stability, the Program shall evaluate the household for eligibility to receive additional months of medium-term rental assistance in accordance with subsection 7609.7.  Upon determining the participant’s eligibility for additional rental assistance, the Program shall provide the household with a Notice of Eligibility and Assistance Determination in accordance with subsection 7601.14 or subsection 7601.16.

 

7609.7For households receiving medium-term rental assistance, the HPRP Program shall evaluate the household for eligibility at least once every three months to receive up to three (3) additional months of medium-term rental assistance, for no more than a total of fifteen (15) months of medium-term rental assistance.  Upon determining the participant’s eligibility for additional rental assistance, the Program shall provide the household with a Notice of Eligibility and Assistance Determination in accordance with subsection 7601.14 or subsection 7601.16.

 

7609.8Households receiving medium-term rental assistance shall demonstrate their ability to eventually pay the full rental amount by paying an increasing share of the rental payment no less than at three month intervals coinciding with the three (3) month household recertification requirement set forth in subsection 7609.7.  For purposes of this section, the household’s share shall not exceed thirty percent (30%) of their adjusted annual income, determined in accordance with subsection 7609.3. 

 

7609.9Households unable to meet the requirement to pay an increased share of the rental payment at the three month recertification shall be evaluated on a case-by-case basis to determine their continued eligibility based on their ability to demonstrate capacity to meet the HPRP housing stability requirement. 

 

7609.10Households receiving short or medium-term rental assistance shall be required to report any change in the household’s monthly income as soon as the change occurs. 

 

7609.11Upon written notification by the household of a change in the household’s monthly income, the HPRP Provider shall determine if there is a need to recalculate the amount of the household’s housing cost contribution, based on the following: 

 

(a) If the household is reporting a decrease in monthly income of fifty dollars ($50.00) or more, a recalculation shall be conducted. 

 

(b) If the recalculation pursuant to subsection (a) results in an increase in the amount of HPRP rental assistance, the change shall be effective the first day of the month (or the next day that rent is due) following completion of the calculation.  The recalculation shall be completed within five (5) business days of receipt of written notice by the household of the decrease in household income and any documentation necessary for the Provider’s recalculation.

 

(c) If the household is reporting an increase in monthly income of one hundred dollars ($100.00) or more, a recalculation shall be conducted.

 

(d) If the recalculation pursuant to subsection (c) results in a decrease in the amount of HPRP rental assistance, the change shall be effective the first of the month (or on the day that rent is next due if different than the first of the month) following the month in which notice of the change in accordance with subsection 7609.12 is provided to the household, except that if the next day rent is due is less than fifteen (15) calendar days from the date the notice is either hand delivered or postmarked, the change in the HPRP rental assistance shall be effective the second month (or the second date upon which rent is due) following the month in which notice of the change made in accordance with subsection 7609.12 is provided to the household.

 

(e) Notice of a change in assistance pursuant to this section shall be made in accordance with subsection 7609.12.

 

7609.12When a Provider calculates a change in HPRP rental assistance, pursuant to either a recertification under subsection 7609.6 or subsection 7609.7 or as a result of a reported change in income pursuant to subsection 7609.10, the Provider shall give to the participant household a Notice of Change in HPRP Rental Assistance.  This notice shall include:

 

(a) A clear statement of the factual basis for the change in rental assistance;

 

(b) A reference to the regulation or policy pursuant to which the change was made;

 

(c) A clear and detailed statement of the household’s current HPRP rental assistance and the household’s current share of the housing costs;

 

(d)A clear and detailed computation of the new amount of HPRP rental assistance and the new amount of the household’s share of the housing costs;

 

(e)The effective date of the new amount of rental assistance in accordance with subsection 7609.11(b) or subsection 7609.11(d), whichever is applicable; and

 

(f) A clear and complete statement of the client's right to a reconsideration of the recalculation by the Department or the Department’s designee, if such reconsideration is requested within ten (10) calendar days of receipt of the Notice.  A reconsideration shall be completed with five (5) business days of receipt by the designated reviewer of the household’s request for a reconsideration.  The five (5) business day timeframe may be tolled if the reviewer has requested documentation necessary to the review and receipt of such documentation is pending and not within the control of the reviewer.

 

7609.13Notice required by subsection 7609.12 shall be either hand-delivered to a member of the applicant household or mailed to the household by 1st class mail within twenty-four (24) hours of the Provider’s calculation of the change in the household’s rental assistance share.  The date from which the timeliness of the notice is measured is either the date of hand-delivery or, if mailed, the date the notice is postmarked. 

 

7609.14The monthly HPRP rental assistance that may be issued per month shall not exceed one thousand five hundred dollars ($1,500) per month for individuals or two thousand two hundred dollars ($2,200) per month for families. 

authority

The Director of the Department of Human Services (Department), pursuant to the authority set forth in sections 7, 28, 30 and 31 of the Homeless Services Reform Act of 2005 (HSRA), effective October 22, 2005 ( D.C. Law 16-35; D.C. Official Code §§ 4-753.01, 4-755.01, 4-756.01 and 4-756.02 (2006 Supp.)), Mayor’s Order 2006-20, dated February 13, 2006, and Mayor’s Order 2007-80, dated April 2, 2007.

source

Notice of Emergency and Proposed Rulemaking published at 57 DCR 2116 (March 12, 2010)[EXPIRED]; as amended by Notice of Emergency and Proposed Rulemaking published at 57 DCR 5973 (July 9, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 58 DCR 1566, 1581 (February 25, 2011).