Section 29-7610. RENTAL ARREARAGES

 

7610.1HPRP assistance in the form of payment of rent arrearages may be provided to an eligible household to prevent homelessness if each of the following conditions is met:

 

(a)Eviction is imminent and documented by a Landlord and Tenant Court summons or referral, Writ of Restitution, Notice to Vacate or Quit, or correspondence from the landlord or his or her agent documenting that the applicant is a tenant and has a current rent arrearage of at least thirty (30) calendar days past due and that the landlord or his or her agent intends to take action to evict the tenant;

 

(b)Payment of the rent arrearage is necessary and will enable the applicant household to remain in the housing unit for which the arrears are being paid or payment of rent arrearages owed to a previous landlord is necessary for the household to obtain another unit.

 

(c)The cost of the rental unit and the related rental arrearage complies with HUD’s Rent Reasonable standard;

 

(d)The applicant can demonstrate that the household has the capacity to pay future rental payments.  If the applicant household cannot demonstrate ability to pay future rental payments, the HPRP may condition eligibility for receipt of rental arrearage assistance on the household identifying and relocating to another rental unit with a rental payment the household can demonstrate ability to pay; 

 

(e)The arrearage must be that of the applicant.  If the lease or rental agreement is not in the applicant’s name, he or she must provide documentation that he or she is responsible for the arrearage. Both the applicant and the landlord must agree to change the lease to the applicant’s name; and

 

(f)Arrearage for any period caused by a rent strike may be paid only if any escrow money is first applied to the arrearage and the applicant agrees to resume regular payment of rent. 

 

7610.2The arrearage that may be paid with HPRP Rental Arrearage assistance may not exceed six (6) months of rental arrearages.

 

7610.3In addition to the limitation set forth in subsection 7610.2, the HPRP assistance for rental arrearages shall not exceed five thousand dollars ($5,000) for an individual or six thousand five hundred ($6,500) for a family.  The Provider shall make the determination regarding the appropriate amount of the HPRP benefit in accordance with subsection 7605.2 and other provisions of this chapter.  The maximum amounts provided in this section do not entitle an eligible household to the maximum allowed benefit, nor require the Provider to provide the maximum amount in HPRP assistance.

 

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, 1584 (February 25, 2011).