4784445 Housing Authority, DC - Notice of Proposed Rulemaking - Redeveloped and Special Needs Properties
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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”), pursuant to the District of Columbia Housing Authority Act of 1999, as amended, effective May 9, 2000 (D.C. Law 13-105; D.C. Official Code § 6-203 (2012 Repl.)), hereby gives notice of its intent to adopt the following proposed amendments to Chapter 61 (Public Housing: Admission and Recertification) of Title 14 (Housing) of the District of Columbia Municipal Regulations (DCMR).
The purpose of the proposed rulemaking is to amend existing regulations with respect to DCHA’s housing for vulnerable, special needs populations and ensure such residents’ access to housing with critical supportive services.
The Board of Commissioners also gives notice of its intent to take final rulemaking action to adopt these rules in not less than thirty (30) days from the date of publication of this notice in the D.C. Register.
Chapter 61 (Public Housing: Admission and Recertification), of Title 14 (Housing), is amended as follows:
Section 6113 (Tenant Admission and Occupancy: Redeveloped and Special Needs Properties) is amended as follows:
Subsection 6113.1 (Scope) is amended to read as follows:
6113.1 Scope.
Redeveloped Properties are mixed-finance communities owned by private entities which communities are created through HOPE VI or other public funding combined with private financing, which have some or all of their units assisted by operating funds provided by DCHA. Special Needs Properties are DCHA-owned or privately owned units assisted with operating funds provided by DCHA and managed by DCHA or third parties, which provide and/or oversee the delivery of services for residents with special needs.
Subsection 6113.2 (Overview) is amended to read as follows:
(a) Pursuant to the MTW Agreement between DCHA and the U.S. Department of Housing and Urban Development, dated July 25, 2004, as amended by an Agreement dated September 29, 2010, and as such agreement may be further amended, DCHA may, notwithstanding certain provisions of the Housing Act of 1937 and regulations issued pursuant thereto, adopt local rules for the governance of its public housing and housing choice voucher programs. Accordingly, Section 6113 sets forth the applicable rules for properties officially designated as Redeveloped or Special Needs Properties by the DCHA Board of Commissioners, including, in the case of Special Needs Properties, any applicable District and/or federal statutes or regulations which govern any Special Needs Property, and/or its program or services.
(b) Section 6113 sets forth the regulatory framework for Special Needs Properties, with their targeted resident populations and related special services, type of occupancy and need to coordinate with service providers and Redeveloped Properties, with the unique nature of their substantial private funding and/or private ownership or management, including the applicability of site-based rules and ongoing DCHA oversight or approvals governing: occupancy and re-occupancy; transfers; selection criteria; screening criteria; application processing; waiting lists; lease provisions; income determinations; and grievance procedures. .
Subsection 6113.3 is amended to read as follows:
6113.3 Selection Criteria.
(a) In the case of a Redeveloped Property or Special Needs Property owned by parties other than DCHA, the selection criteria, including all priorities and preferences for applicants for initial occupancy, including by reason of transfer or re-occupancy, shall be those incorporated in a regulatory and operating agreement by and between the owner (or operator) and DCHA after consultation with representatives of the community and former and/or prospective residents. These selection criteria are hereinafter referred to herein as the “General Selection Criteria”.
(b) In the case of a Special Needs Property owned by DCHA, the selection criteria shall be set forth in a regulatory and operating agreement and/or in a DCHA-approved Management Plan.
(c) For purposes of this Section 6113, the term “Management Plan” shall mean a written plan, approved by DCHA, which provides: the services that are to be provided by the Management Agent and/or its contractors; the roles and responsibilities for providing services and oversight; and the policies under which the Management Agent will operate the Special Needs Property or Redevelopment Property, in accordance with 14 DCMR § 6113, other applicable regulations and HUD requirements.
(d) When used in this Section 6113, the term “Management Agent” shall mean a third party that is responsible for managing the Redeveloped Property or Special Needs Property, as applicable, and/or (in the case of Special Needs Properties) for providing services, either directly or by engaging a service provider, according to the terms of an approved Management Plan, Management Agreement, and/or Regulatory and Operating Agreement.
(e) While the General Selection Criteria may vary by property, selection and screening criteria for all properties shall include the mandatory federal standards with respect to certain types of criminal activity as specified in federal statute.
(f) For UFAS-Accessible Units, besides the General Selection Criteria, occupancy of the Units shall be to a household qualified for the available bedroom size of the Unit and a verified need for the features of a UFAS-Accessible Unit in the following order of priority, with date and time of application or transfer request where there are multiple applicants within any one priority:
(1) First, to a qualified returning resident who previously resided in one of the developments being redeveloped.
(2) Second, to a qualified applicant referred by DCHA from its list of households designated in 2006 for interim assistance in accordance with the provisions of the Amended VCA.
(3) Third, to a qualified applicant referred by DCHA from its list of households designated in 2007 for interim assistance in accordance with the provisions of the Amended VCA.
(4) Fourth, to a qualified DCHA resident on DCHA's Transfer List;
(5) Fifth, to a qualified public housing applicant on DCHA's Waiting List.
(6) Sixth, to a qualified Housing Choice Voucher.
Subsections 6113.4 (a) and (c) (Application Process) are amended to read as follows:
(a) Application forms for transferring or returning residents and applicants are developed by the owner for the redeveloped property and shall be subject to review and approval by DCHA.
(c) The occupancy and re-occupancy application and selection process shall be monitored by DCHA's Office of Asset Management.
Subsection 6113.6 is amended by adding the following paragraph (c) in its entirety, as follows:
(c) At certain Special Needs Properties, tenants may be required to execute other documents connected with tenant’s participation in the program of services offered at the Special Needs Property. These documents may include a Contract of Participation, as defined in Section 6113.9, and may be incorporated into tenant’s lease.
Section 6113 is amended by adding the following Subsection 6113.8 (Rent Calculation and Rent Collection at Certain Special Needs Properties) in its entirety, as follows:
6113.8 Rent Calculation and Rent Collection at Certain Special Needs Properties.
(a) The Owner and/or its Management Agent shall establish tenant rent as set forth at 14 DCMR § 6200, except as provided in Subsections 6113.8(b) and 6113.8(c).
(b) For purposes of calculating adjusted income, as defined in 14 DCMR § 6099, to establish tenant rent for certain Special Needs Properties, any amount that a Family is required to pay to participate in programming made available at the Special Needs Property shall be considered to be medical expenses and shall be deducted, in full, from the Family’s annual income, as set forth in DCHA’s approved MTW Plan. In the event that adjusted income is zero dollars ($0.00) or less, then rent shall equal zero dollars ($0.00). Minimum rent, as defined by 14 DCMR § 6210, for Special Needs Properties, if any, shall be established by DCHA or the owner.
(c) Payments or allowances to residents of certain Special Needs Properties, for incidental living expenses under the provisions of the applicable Special Needs Property program may be excluded from annual income for the purpose of calculating tenant rent.
(d) The Lease for certain Special Needs Properties will include an itemized list of all fees, how they are calculated and allowances or payments for incidental living expenses.
(f) Unpaid fees payable by participating Families residing at Special Needs Properties will be converted to rent if they become more than thirty (30) days past due.
Section 6113 is amended by adding the following Subsection 6113.9 (Special Needs Properties - Contract of Participation) in its entirety, as follows:
6113.9 Special Needs Properties - Contract of Participation.
(a) For purposes of this Section 6113, the term “Contract of Participation” shall mean an agreement entered into between the Lessee(s) and Owner and/or Management Agent, which sets forth the terms and conditions governing participation in the Special Needs Properties programs. The Contract of Participation may include Individual Service Plans (ISPs) to be completed by the participating household members.
(b) Upon execution, the Contract of Participation and related documents will become part of the Dwelling Lease. Participating Families must comply with the terms and conditions of the Dwelling Unit Lease Agreement, Addenda, the Contract of Participation and any related documents.
(c) Failure to abide by the terms of the Contract of Participation and related documents shall be considered a violation of the Dwelling Lease Agreement.
Chapter 6113 is amended by adding the following Subsection 6113.10 (Special Needs Properties - Transfers) in its entirety, as follows:
6113.10 Special Needs Properties - Transfers.
(a) A request by a Family currently residing in conventional public housing, or a non-DCHA-owned unit, which receives Federal or local assistance through DCHA, to transfer to a Special Needs Property, in accordance with 14 DCMR § 6400, will be deemed “a tenant initiated transfer” request if the Family accepts the offer of a unit at a Special Needs Property.
(b) If a Family, which transferred from conventional public housing to a DCHA-owned Special Needs Property, or which moved into a DCHA-owned Special Needs Property as a result of a referral from the DCHA selection pool, no longer wishes to participate in the program available at the Special Needs Property, but remains compliant with the Lease and otherwise passes the screening criteria for Public Housing, then the Family will receive up to two (2) transfer offers of Conventional Public Housing units, in writing.
(c) A Family residing in a Special Needs Property unit that receives a written offer to transfer into a new dwelling unit may refuse the offer on the basis of evidence, satisfactory to DCHA, that acceptance of the offered unit would cause undue hardship, as set forth in subsection 6111.9, and such refusal shall not count against one of tenant’s allowable offers under Subsection 6113.10 (b).
(d) If a Family and refuses a second offered unit without good cause, DCHA shall issue a “Notice to Cure or Vacate”, in accordance with Subsection 6113.11.
(d) Unless otherwise specified in the applicable Management Plan, in the event of any transfer to or from a Special Needs Property to or from a conventional public housing unit as set forth in Subsection 6113.10 (b), then the Family will be responsible for relocation costs.
(e) If a Family residing in a non-DCHA-owned Special Needs Property, no longer qualifies for such residence (including program requirements) or no longer wishes to participate in the program available at the Special Needs Property, the Family will not be transferred to a DCHA owned public housing and any other potential transfer or relocation shall be addressed in the approved Management Plan.
Chapter 6113 is amended by adding the following Subsection 6113.11 (Special Needs Properties - Termination) in its entirety, as follows:
6113.11 Special Needs Properties - Termination.
(a) DCHA shall not terminate the lease of the Family residing in any DCHA-owned Special Needs Property other than for serious or repeated violation of material terms of the Lease. Violations of an obligation of tenancy refer only to those obligations which are contained in a valid, written lease, including any addenda or Special Needs program requirement agreement, incorporated therein, or in the federal or local regulations pertaining to public housing tenants, or to the Special Needs Property, or to the program offered at the Special Needs Property or in the D.C. Housing Code, or other applicable federal or District statutes governing the applicable Special Needs services. There is no time limitation on bringing an action based on a breach of the lease.
(b) If DCHA determines that a Family residing in a DCHA-owned Special Needs Property is in violation of the Dwelling Lease, except for lease violations predicated on the performance of an illegal act, DCHA shall issue to the Lessee a notice to cure or vacate, stating in writing the violation(s) which provides the basis for the termination the lessee’s right to cure the violations and instructions on how to cure the violations, provided that such notice and any requirement that tenant vacate the Special Needs Property shall be subject to requirements of any applicable District or federal statute or regulation including those governing the Special Needs Property or its services or programs.
(c) The notice shall inform the Family of its right to file an administrative complaint in accordance with Subsection 6113.12, and any other administrative rights to which Tenant may be entitled by virtue of any District or federal regulation or statute governing the Special Needs Property or its services.
(d) If a Lessee has filed a complaint requesting an administrative determination of his or her rights, in accordance with Subsection 6113.12, in response to service of a notice to cure or vacate or a notice of lease termination in the case of failure to pay rent, and or such other notice required by District or federal regulation or statute to which the Special Needs Property may be subject, and has not prevailed, the Lessee shall be issued a notice to vacate, as the time to cure has past and the Lessee shall be subject to legal action to gain possession of the unit (eviction).
(e) If DCHA determines that a Family’s violation of the Lease results from a change in circumstance which renders the Family ineligible for the services offered at the Special Needs Property, which change is not at the fault or initiative of the Tenant, then DCHA may, subject to availability and applicable requirements, transfer the Family to a unit in conventional public housing, in accordance with Subsection 6113.10.
(f) In the event of any lease violations, predicated on criminal activity that threatens residents’ health, safety or right to peaceful enjoyment of the Special Needs Property or drug related criminal activity on or off the Leased Premises or the Special Needs Property, DCHA shall issue a notice to vacate, together with such other notice required by District or federal regulation or statute to which the Special Needs Property or its programs or services may be subject.
(g) DCHA will not issue a notice to cure or vacate, or notice to vacate, where DCHA has determined that the head of household responsible for the dwelling unit under the Dwelling lease is deceased and there are no remaining household members.
(h) Terminations of tenancies at non-DCHA-owned Special Needs Properties shall be handled in accordance with applicable District and federal law and regulations, including District and federal statutes and regulations applicable to the Special Needs Property, and its services and programs, as set forth in the applicable Regulatory and Operating Agreement, Management Plan, the Lease and any applicable addenda.
Chapter 6113 is amended by adding the following Subsection 6113.12 (Grievances) in its entirety, as follows:
6113.12 Grievances.
(a) Each Redeveloped and Special Needs Property shall establish grievance procedures that are consistent with the requirements of 24 C.F.R. § 966.50, et seq., and with any District and federal statutes and/or regulations, which impose grievance requirements on any Special Needs Property and/or its programs or services. The procedures shall be outlined in the regulatory and operating agreement for the property and/or Management Plan and incorporated into the Dwelling Lease, as set forth in Management Plan and incorporated into the Dwelling Lease, as set forth in 24 C.F.R.§ 966.4(n).
(b) The grievance procedures shall include provisions that:
(1) allow the tenant to request an informal settlement conference;
(2) describe how the results of that conference will be documented;
(3) describe the conditions under which a tenant may make a request for a formal hearing, including the requirements for the content and method of submission of such requests;
(4) describe the method for selecting a Hearing Officer; and
(5) set forth tenant’s right to dispose of the grievance through an appropriate judicial proceeding.
Interested persons are encouraged to submit comments regarding this Proposed Rulemaking to DCHA’s Office of General Counsel. Copies of this Proposed Rulemaking can be obtained at www.dcregs.gov, or by contacting Karen Harris at the Office of the General Counsel, 1133 North Capitol Street, NE, Suite 210, Washington, DC 20002-7599 or via telephone at (202) 535-2835. All communications on this subject matter must refer to the above referenced title and must include the phrase “Comment to Proposed Rulemaking” in the subject line. There are two methods of submitting Public Comments:
1. Submission of comments by mail: Comments may be submitted by mail to the Office of the General Counsel, 1133 North Capitol Street, NE, Suite 210, Washington, DC 20002-7599.
2. Electronic Submission of comments: Comments may be submitted electronically by submitting comments to Karen Harris at:
PublicationComments@dchousing.org.
3. No facsimile will be accepted.
Comments Due Date: March 30, 2014
