1942927 THE DISTRICT OF COLUMBIA HOUSING AUTHORITYNOTICE OF PROPOSED RULEMAKINGCHAPTER 54VERIFICATION PROCEDURES
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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 54 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 54 “Verification Procedures,” of title 14, “Housing”, of the DCMR is proposed as follows:
CHAPTER 54
5400.1 DCHA verifies Family income, Family composition, status of full time students, value of assets, factors allowing a preference, and other factors relating to eligibility determinations before an applicant Family is issued a voucher.
5400.2 DCHA shall verify all information that is used to establish the Family’s eligibility and level of assistance and DCHA shall obtain the Family’s consent to collect the information. Applicants and participants shall cooperate with the verification process as a condition of receiving assistance.
5400.3 DCHA shall not pass on the cost of verification to the Family.
5400.4 All verification attempts, information obtained, and decisions reached during the verification process shall be recorded in the Family’s file in sufficient detail to demonstrate that DCHA has followed all of the verification policies set forth in this plan. The record should be sufficient to enable a DCHA staff member, a HUD reviewer, and a participant to understand the process followed and conclusions reached.
5401.1 All adult applicant Family members shall sign HUD Form-9886, Authorization for Release of Information. The purpose of HUD Form-9886 is to facilitate automated data collection and computer matching from specific sources and provides the Family's consent only for the specific purposes listed on the form.
5401.2 DCHA shall require that all adult applicant Family members sign the General Authorization form. The purpose of the form is to facilitate DCHA with automated data collection and computer matching from specific sources not covered by HUD Form-9886 and provides the Family's consent for the specific purposes listed on the form.
5401.3 DCHA shall make two (2) attempts to have specific verifications forms signed by the appropriate Family member as evidence of their understanding of the type/nature of information being sought. Failure to return the forms, absent a proper basis for doing so, shall constitute a failure to recertify.
5401.4 If the Head of Household fails to sign a consent form, DCHA shall deny admission to the applicant Family and terminate assistance to the household. The Family may request an informal review or informal hearing in accordance with chapter 89 of this title of the DCMR.
5401.5 If a Family member other than the Head of Household is required to sign a consent form and fails to do so, then DCHA shall inform the Head of Household of their right to remove that person from the household composition. If the Head of Household does not take steps to remove the noncompliant person from the Family composition, DCHA may terminate the assistance of the Family.
5402.1 In order of priority, the forms of verification that DCHA shall use are:
(a) Up-front Income Verification (UIV) whenever available;
(b) Third-party Written Verification;
(c) Third-party Written Verification Forms;
(d) Third Party Oral Verification; and
(e) Self-Certification.
5402.2 UIV shall be used to the extent that these systems are available to DCHA. UIV is an automatic form of third-party verification.
5402.3 Current UIV Resources at DCHA are:
(a) HUD’s EIV system;
(b) The Work Number;
(c) Department of Human Services;
(d) Department of Employment Services; and
(e) Child Support Enforcement.
5402.4 DCHA shall use HUD’s EIV system as a third-party source to verify Family member employment and income information during biennial and interim recertification of Family composition and income, and shall not require the Family to provide information already available through the EIV system. The reports shall be retained in the participant file with the appropriate transaction.
5402.5 EIV reports shall constitute third party verification when the Family does not dispute the income sources and it is supplemented with participant provided documents. EIV may not be used to calculate anticipated wage income; it shall only be used as a verification of the employment income source.
5402.6 If the Family does not dispute the income source, DCHA shall use participant provided documents to anticipate annual income.
5402.7 DCHA shall attempt another form of third party verification in the following circumstances:
(a) The Family disputes income source in EIV;
(b) Additional information is required as determined by DCHA; and
(c) In cases of absent Family members and approved requests for reasonable accommodations.
5402.8 When DCHA is unable to obtain verification through a UIV source, DCHA shall make at least two (2) attempts to obtain third-party verification before using another form of verification.
5402.9 DCHA shall seek third-party verification using a combination of written and oral requests to verification sources. Information received orally from third parties may be used either to clarify information provided in writing by the third party or as independent verification when written third-party verification is not received in a timely fashion.
5402.10 DCHA shall consider documentation provided by the Family to be written third party verification if the documentation is:
(a) Original documentation generated by a third party source;
(b) Dated within sixty (60) days preceding the date of the recertification or interim adjustment; and
(c) If pay stubs, they are consecutive and dated within thirty (30) days of submission.
5402.11 DCHA may mail, fax, e-mail, or hand deliver third-party written verification requests and shall accept third-party responses using any of these methods:
(a) DCHA shall send a written request for verification to each required source and give the source ten (10) business days to respond in writing;
(b) If a response has not been received by the eleventh business day, DCHA may request third-party oral verification;
(c) A record of each attempt to contact the third-party source (including no-answer calls) and all contacts with the source shall be documented in the file. When DCHA uses oral third party verification a “Document Viewed or Person Contacted” form shall be filled out by the staff person;
(d) When any source responds orally to the initial written request for verification DCHA shall accept the oral response but shall also request that the source complete and return any verification forms that were provided;
(e) If a third party agrees to confirm in writing the information provided orally, DCHA shall wait no more than five (5) business days for the information to be provided. If the information is not provided by the sixth business day, DCHA shall use any information provided orally in combination with the information provided by the Family; or
(f) DCHA shall determine that third-party verification is not available when there is a service charge for verifying an asset or expense and the Family has original documents that provide the necessary information. DCHA shall document in the Family file the reason that the third-party verification was not available and shall place a photocopy of the original document(s) in the Family file.
5402.12 If DCHA determines that third-party verification is not available or not required, DCHA shall use information provided by the Family as verification.
5402.13 DCHA may also review documents when necessary to help clarify information provided by third parties. In such cases DCHA shall document in the file how DCHA arrived at a final conclusion about the income or expense to include in its calculations.
5402.14 DCHA shall accept a self-certification from a Family as verification of assets disposed of for less than fair market value.
5402.15 DCHA shall only review documents in lieu of requesting third-party verification when the market value of an individual asset or an expense is less than ten thousand dollars ($10,000) annually and the Family has original documents that support the declared amount.
5402.16 Any documents used for verification shall be the original (not photocopies), if available, and shall be dated within one hundred eighty (180) days of the interview date, except tax returns which can be dated within three hundred sixty five (365) days of the interview and may not be original.
5402.17 The documents shall not be damaged, altered or in any way illegible. Print-outs from web pages are considered original documents. A DCHA staff member who views the original document shall make a photocopy.
5402.18 DCHA may reject any income documentation for reasons allowed by the administrative plan or HUD.
5402.19 When information cannot be verified by a third party or by review of documents, Family members shall be required to submit self-certifications attesting to the accuracy of the information they have provided to DCHA.
5402.20 DCHA may require a Family to certify through a sworn statement that a Family member does not receive a particular type of income or benefit.
5402.21 The self-certification shall be made in a format acceptable to DCHA and shall be signed by the Family member whose information or status is being verified. All self-certifications shall be signed in the presence of a DCHA representative or shall be notarized.
5403 FAMILIES WHO REPORT NO INCOME
5403.1 During any regularly scheduled or interim recertification where a Family reports they earn no income, a worksheet shall be utilized to determine potential undisclosed sources of income. Families with no income shall be subject to periodic interim recertification as further explained in § 5604.
5404 VERIFICATION OF LEGAL IDENTITY
5404.1 These are the acceptable forms of participant-provided documents for purposes of documenting the file:
(a) The acceptable forms of verification of Legal Identity for adults in a Family are:
(1) Certificate of birth, naturalization papers;
(2) Church issued baptismal certificate;
(3) Current valid driver’s license;
(4) Department of Motor Vehicles Identification Card;
(5) U.S. Military Discharge (DD 214);
(6) U.S. Passport; or
(7) Voters Registration Card; and
(b) The acceptable forms of verification of legal identity for children in a Family are:
(1) Certificate of birth;
(2) Church issued baptismal certificate;
(3) Adoption Papers;
(4) Custody Agreement;
(5) School Records; or
(6) Health and Human Services Identification.
5404.2 The social security numbers of household members, such as live-in aides, shall be verified for the purpose of conducting criminal background checks.
5404.3 Eligible Immigration Status shall be verified through USCIS protocols.
5405.1 Applicants and program participants shall identify the relationship of each household member to the Head of Household with the following types of documents:
(a) Marriage:
(1) Marriage Certificate;
(2) Marriage License;
(3) Proof of Common Law Marriage Recognition; or
(4) Official IRS Tax Records;
(b) Separation or Divorce:
(1) Certified Copy of Divorce Decree;
(2) Court Record documenting separation;
(3) Evidence of annulment; or
(4) If there is no court order, documentation from clergy, social service providers or other community members;
(c) To prove the absence of a Family member, the Family shall supply verification in accordance with § 5318.3 and § 5318.4;
(d) To prove that a Family has been abandoned by the Head of Household, a remaining household member must provide one of the following types of documents:
(1) Certification from a social service agency;
(1) Information from child support enforcement agency;
(2) Documentation of legal action against parent or guardian;
(3) Documentation that the Head of Household is incarcerated; or
(4) Other acceptable documentation as determined by DCHA on a case-by-case basis; or
(e) To prove the existence of a foster relationship, the Head of Household shall provide one (1) of the following forms of documentation:
(1) Verification from the state or local government agency responsible for the placement of the individual with the Family is required; or
(2) Written verification from a biological parent sufficient to show a Family or custodial relationship with the participant and the child or children.
5406 verification of Annual Income
5406.1 All of the below listed sources of income are subject to the verification hierarchy listed previously in this chapter, unless specifically stated otherwise.
(a) Three (3) consecutive paycheck stubs;
(b) Tips, commissions and bonuses. If not included in paycheck stubs:
(1) Previous two (2) year official federal and local tax returns;
(2) Certified Statement from participants of anticipated tips, based on previous twenty-four (24) months; or
(3) New hire, statement from employer on anticipated amount for the next twelve (12) months;
(c) Documentation of Self Employment income may include:
(1) IRS Form 1040, with applicable schedules;
(2) Schedule C (Small Business);
(3) Schedule E (Rental Property Income);
(4) Schedule F (Farm Income);
(5) Audited Financial Statement; or
(6) Certified Financial Statement, if Tax Returns or Audited Financial Statement is not available;
(d) If none of the above are available, notarized statement of net income anticipated to be received within the next twelve (12) months, based on the previous twelve (12) months;
(e) A Social Security/Social Security Insurance Benefits Benefit Award Letter dated within sixty (60) days of DCHA’s request is required to verify income from the Social Security Administration. The following applies to the proof of Social Security and Social Security Insurance benefits:
(1) DCHA shall not accept photocopies of social security checks or bank statements.
(2) If the participant or applicant is missing the benefit award letter, DCHA shall help the participant or applicant request a benefit verification letter from SSA's website, or by calling 1-800-772-1213. The service is free and the applicant or participant will receive Proof of Income Letter within ten (10) days;
(f) For child support payments, the following types of documents may be used to verify income:
(1) Court ordered child support documents;
(2) Twelve (12) month payment history print out from the enforcement agency;
(3) Notarized statement from person paying the support stating the amount and the frequency of payments made; and
(4) If the person paying the support refuses to provide the notarized statement, documentation of efforts to obtain the statement from the person paying the support and an affidavit from the person receiving the support stating the amount and frequency of payments made;
(g) Recipients of unemployment benefits shall provide records from the unemployment agency stating gross amount of pay, frequency of pay, and expected termination date;
(h) Participants shall provide an affidavit signed by the participant or person assisting the Family attesting to recurring gifts or assistance received. Examples of regular contributions include:
(1) Regular payment of a Family’s bills (such as utilities, telephone, rent, credit cards, and car payments);
(2) Cash or other liquid assets provided to any Family member on a regular basis; and
(3) “In-kind” contributions such as groceries and clothing provided to a Family on a regular basis;
(i) Non-monetary contributions shall be valued at the cost of purchasing the items, as determined by DCHA. For contributions that may vary from month to month (such as, utility payments), DCHA shall include an average amount based upon past history;
(j) Scholarships, Tuitions, Grants and Financial Assistance shall be documented through records from an Institution of Higher Education detailing the cost of tuition anticipated for the next twelve (12) months and verification of all scholarships, grants and loans received individually identified;
(k) DCHA may request third party verification of income, even if the income source is excluded from the calculation of annual income; and
(l) If DCHA is able to identify through participant-provided documents that the source is excluded from income, then DCHA shall use participant provided documents to document the file.
5407.1 DCHA, under its MTW authority established Initiative 3.7.08 entitled “Rent Simplification and Collection” which simplified calculation of assets for purposes of determining income. The following provision shall apply to calculating assets as imputed income:
(a) DCHA shall not require documentation of assets during the biennial recertification process; and
(b) DCHA shall not consider imputed income from assets in the calculation of total annual income.
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.
