1941957 THE DISTRICT OF COLUMBIA HOUSING AUTHORITYNOTICE OF PROPOSED RULEMAKINGADMINISTRATIVE PLANCHAPTER 51ELIGIBILITY CONSIDERATIONS AND INITIAL FAMILY COMPOSITION
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THE DISTRICT OF COLUMBIA HOUSING AUTHORITY
NOTICE OF PROPOSED RULEMAKING
The Board of Commissioners of the District of Columbia Housing Authority (DCHA) hereby gives notice, pursuant to D.C. Official Code § 6-203 (2008 Repl.), of its intent to adopt the following proposed additions of chapter 51 of title 14 of the District of Columbia Municipal Regulations in not less than thirty (30) days from the date of publication of this notice in the D.C. Register. The purpose of the proposed rulemaking is to revise the Administrative Plan for the Housing Choice Voucher Program.
Chapter 51 “Eligibility Considerations and Initial Family Composition,” of title 14, “Housing,” of the DCMR is proposed as follows:
CHAPTER 51
ELIGIBILITY CONSIDERATIONS AND INITIAL FAMILY COMPOSITION
5100 ELIGIBILITY CONSIDERATIONS FOR HOUSING CHOICE VOUCHER PROGRAM APPLICANTS
5100.1 When applicable, the policies for admission to the HCVP shall be governed by chapter 61 of this title of the DCMR.
5100.2 Once an applicant is determined to be eligible to receive a Voucher, the provisions in this chapter shall apply.
5100.3 Once a Voucher has been issued and the Housing Assistance Payment (HAP) contract and Lease have been executed, the applicant Family is then considered a participant in the Program.
5101 FAMILY COMPOSITION CHANGES PRIOR TO VOUCHER ISSUANCE
5101.1 DCHA shall only consider an applicant Family’s request to add an adult to the Family composition under the following circumstances:
(a) Marriage;
(b) If the adult is to be added as a live-in aide; or
(c) As a reasonable accommodation.
5101.2 DCHA shall only consider an applicant Family’s request to add a Family member if one (1) of the following documents is provided for verification:
(a) Birth certificate;
(b) Marriage certificate or record of domestic partnership;
(c) Approved reasonable accommodation request;
(d) Court order (guardianship, foster care, custodial agreements); or
(e) Adoption order.
5101.3 When an applicant Family on the HCVP waiting list breaks up into two otherwise eligible families, only one of the families may retain the original application date. Other Family members may make a new application with a new application date if the waiting list is open.
5101.4 DCHA shall determine which applicant Family retains their placement on the waiting list, on a case by case basis, taking into consideration several factors, including but not limited to:
(a) The Head of Household listed on the original application;
(b) If a court determines the disposition of property between members of the applicant Family in a divorce or separation under a settlement or judicial decree, DCHA is bound by the court's determination of which Family members maintains its position on the waiting list;
(c) The interest of any minor children, including custody arrangements;
(d) The interest of any ill, elderly, or disabled Family members; and
(e) Any possible risks to Family members as a result of domestic violence, sexual violence, dating violence, stalking or criminal activity.
5101.5 DCHA shall retain appropriate supporting documentation in the applicant Family’s file as to why the decision was made.
5101.6 If the Head of Household on the original application does not retain their placement on the waiting list they shall be informed in writing of the decision and their rights under chapter 89 of this title of the DCMR.
5102 CITIZEN OR ELIGIBLE IMMIGRATION STATUS
5102.1 In order to be determined eligible for the HCVP, HUD requires each Family member to affirm, via a written declaration, whether the individual is a United States (U.S.) citizen, U.S. national, or an eligible noncitizen, except those members who elect not to contend that they have eligible immigration status.
5102.2 Those that elect not to declare their status are considered to be ineligible noncitizens.
5102.3 For U.S. citizens, U.S. nationals and eligible noncitizens the declaration shall be signed personally by the Head of Household, Spouse and any other Family member eighteen (18) or older, and by a parent or guardian for minors. The Family shall identify in writing any Family members who elect not to contend their immigration status.
5102.4 No declaration is required for live-in aides, foster children, or adult wards.
5102.5 Family members who declare U.S. citizenship or U.S. national status shall be required to provide documentation for verification purposes.
5102.6 Housing assistance shall be available to eligible noncitizens who meet the conditions as described in 24 C.F.R. § 5.506(a)(2). The Family member declaring eligible noncitizen status shall sign a verification consent form and cooperate with DCHA efforts to verify his or her immigration status. The documentation required for establishing eligible noncitizen status varies depending upon factors such as the date the person entered the U.S., the conditions under which eligible immigration status has been granted, the person’s age, and the date on which the Family began receiving HUD-funded assistance.
5102.7 Citizens of the Marshall Islands, the Federated States of Micronesia, and Palau, together known as the Freely Associated States (FAS), are eligible for housing assistance under the Compacts of Free Association between the U.S. Government and the Governments of the FAS, Pub. L. No. 106-504, § 141 (2000).
5102.8 Those non-citizens who do not wish to declare their immigration status are required to have their names listed on a non-contending Family members listing, signed by the Head of Household (regardless of citizenship status), indicating their ineligible immigration status.
5102.9 DCHA is not required to verify a Family member’s ineligible status and is not required to report an individual’s unlawful presence in the U.S. to the United States Citizenship and Immigration Services (USCIS).
5102.10 Providing housing assistance to noncitizen students is prohibited. If the Head of Household, Spouse and minor children only have immigration status for the purposes of educational pursuits, assistance cannot be provided and applications for assistance shall be denied or participation shall be terminated.
5102.11 A Family is eligible for assistance as long as at least one (1) member is a U.S. citizen, U.S. national, or eligible noncitizen. Families that include eligible and ineligible individuals are considered “mixed families.” Such families shall be given notice that their assistance will be prorated and that they may request an informal hearing under chapter 89 of this title of the DCMR if they contest this determination.
5102.12 DCHA shall not provide assistance to a Family before the verification of eligibility of all Family members.
5102.13 When DCHA determines that an applicant or participant Family does not include any U.S. citizens, U.S. nationals, or eligible noncitizens, following the verification process, the Family shall be sent a written notice within ten (10) business days of the determination.
(a) The notice of denial or termination of assistance for noncitizens shall advise the Family:
(1) That assistance shall be denied or terminated, and provide a brief explanation of the reasons for the proposed denial or termination of assistance;
(2) The Family may be eligible for proration of assistance;
(3) In the case of a participant Family, the criteria and procedures for obtaining relief under the provisions for preservation of families as contained in 24 C.F.R. §§ 5.514 and 5.518;
(4) That the Family has a right to request an appeal to the USCIS of the results of secondary verification of immigration status and to submit additional documentation or explanation in support of the appeal;
(5) That the Family has a right to request an informal hearing with DCHA under chapter 89 of this title of the DCMR either upon completion of the USCIS appeal or in lieu of the USCIS appeal; or
(6) For applicant families, assistance may not be delayed until the conclusion of the USCIS appeal process, but assistance may be delayed during the period of the informal hearing process.
5103 MANDATORY SOCIAL SECURITY NUMBERS
5103.1 Each Family member, claiming U.S. citizenship or eligible immigration status, shall be required to disclose and verify a Social Security Number (SSN) prior to admission.
5103.2 Applicant families who cannot disclose and verify SSNs for all Family members claiming citizenship or eligible immigration status shall be allowed to retain their position on the waiting list. A Family shall not be admitted into the HCVP until all Family members claiming U.S. citizenship or eligible immigration status, have disclosed and verified SSNs.
5103.3 U.S. citizens and lawfully present noncitizens who state that they have not been assigned a SSN by the Social Security Administration (SSA), shall make such declaration in writing and under penalties of perjury to DCHA. DCHA shall maintain the declaration in the participant file until a SSN is assigned.
5103.4 Applicant families who will receive assistance under the Moderate Rehabilitation Single Room Occupancy Program shall have ninety (90) days after admission into the Program to provide appropriate documentation of their SSN.
5103.5 For families currently participating, the Family shall be required to disclose and verify SSNs for all Family members claiming U.S. citizenship or eligible immigration status at the time of their next interim recertification or regular recertification.
5103.6 The only HUD-approved forms of verification of Social Security Numbers are:
(a) An original SSN card issued by SSA;
(b) An original SSA-issued document, which contains the name and SSN of the individual; or
(c) An original document issued by a federal, state, or local government agency, which contains the name and SSN of the individual.
5103.7 DCHA shall use an Alternate ID (ALTD ID) to generate a unique identifier for those individuals who do not have or unable to disclose a SSN.
5104 FAMILY CONSENT TO RELEASE OF INFORMATION
5104.1 In order for DCHA to determine an applicant Family’s eligibility, it is necessary to obtain information from third parties. The following rules apply:
(a) The Head of Household, Spouse and each adult Family member, regardless of age, shall sign HUD Form-9886, Authorization for the Release of Information/Privacy Act Notice, and other consent forms as needed to collect information relevant to the Family’s eligibility and level of assistance; and
(b) DCHA shall deny admission to the Program if any member of the applicant Family fails to sign and submit the consent forms for obtaining information and the Head of Household fails to remove that person from the Family composition.
5105 STUDENTS ENROLLED IN INSTITUTIONS OF HIGHER EDUCATION
5105.1 This section shall only apply to students who are seeking HCVP assistance on their own, as a Head of Household, separately from their parents. It shall not apply to a student who is a member of a Family currently participating in the Program or a student who is a member of an applicant Family
5105.2 If a student enrolled at an institution of higher education is under the age of twenty four (24), is not a veteran, is not married, and does not have a dependent child, the student’s eligibility shall be examined along with the income eligibility of the student’s parents. In these cases, both the student and the student’s parents must be determined income eligible in order for the student to receive HCVP assistance. If, however, a student in these circumstances is determined “independent” from his or her parents in accordance with 5110.3, the income of the student’s parents shall not be considered in determining the student’s eligibility.
5105.3 DCHA shall consider a student “independent” from his or her parents and the
parents’ income shall not be considered when determining the student’s eligibility if the following four (4) criteria are met:
(a) The individual is of legal contract age under District of Columbia law;
(b) The individual has established a household separate from his or her parents for at least one (1) year prior to applying for HCVP assistance;
(c) The individual meets the U.S. Department of Education’s definition of an independent student as defined in section 480(d) of the Higher Education Act of 1965, 20 U.S.C.A. § 1087vv (2006); or
(d) The individual was not claimed as a dependent by his or her parents pursuant to IRS regulations, as demonstrated on the parents’ most recent tax returns.
5105.4 The student must provide certification of the amount of financial assistance that will be provided by his or her parents. This certification shall be signed by the individual(s) providing the support and shall be submitted even if no assistance is being provided. Financial assistance from parents shall be considered as income when making the determination of eligibility and Total Tenant Payment (TTP).
5105.5 For any student who is subject to these restrictions and who does not satisfy the definition of an independent student in this section, DCHA shall determine whether the student’s parents are income eligible for the Program so as to allow the student to become a HCVP participant as follows:
(a) If the student’s parents are married and living together, DCHA shall obtain a joint income declaration and certification of joint income from the parents;
(b) If the student’s parent is widowed or single, DCHA shall obtain an income declaration and certification of income from that parent;
(c) If the student’s parents are divorced or separated, DCHA shall obtain an income declaration and certification of income from each parent;
(d) If the student has been living with one (1) of his or her parents and has not had contact with or does not know where to contact his or her other parent, the student shall submit a certification under penalty of perjury, describing the circumstances and stating that the student does not receive financial assistance from the other parent. DCHA shall then obtain an income declaration and certification of income from the parent with whom the student has been living or had contact;
(e) In determining the income eligibility of the student’s parents, DCHA shall use the PHA income limits for the jurisdiction in which the parents live; or
(f) Both students and parents shall meet the low-income limit.
5105.6 If DCHA determines that the student, the student’s parents, if applicable, or the student’s Family is not eligible, DCHA shall send a notice of denial in accordance with the policies in chapter 89 of this title of the DCMR.
5105.7 The following definitions shall only apply to student eligibility determinations under § 5105:
Dependent Child - a dependent child of a student enrolled in an institution of higher education. The dependent child shall also meet the definition of dependent, which states that the dependent shall be a member of the assisted Family, other than the Head of Household or spouse, who is under 18 years of age, or is a person with a disability, or is a full-time student. Foster children and adult wards are not considered dependents.
Institution of Higher Education - as defined in section 102 of the Higher Education Act of 1965, 20 U.S.C. § 1002 (2006).
Parents - biological or adoptive parents, stepparents as long as they are currently married to the biological or adoptive parent, and guardians (such as grandparents, aunt or uncle, and godparents).
Veteran - a person who served in the active military, Naval, or Air service and who was discharged or released from such service under conditions other than dishonorable.
All persons desiring to comment on the subject matter of this rulemaking should file comments in writing no later than forty-five (45) days after the publication of this Notice in the D.C. Register. Comments should be filed with the Office of the General Counsel, DCHA, 1133 North Capitol Street, NE, Suite 210, Washington, DC 20002-7599; (202) 535-2835; copies of these rules may be obtained from DCHA at that same address. Alternatively, copies of the rules can be requested from and comments can be sent to Tina Thomas, at Office of the General Counsel, District of Columbia Housing Authority, at PublicationComments@dchousing.org. Individuals wishing to comment by email must include the phrase “Comment to Proposed Rulemaking: in the subject line.
