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THE DISTRICT OF COLUMBIA HOUSING AUTHORITY
NOTICE OF FINAL RULEMAKING
The Board of Commissioners of the District of Columbia Housing Authority (DCHA) pursuant to D.C. Official Code § 6-203 (2007 Ed.), hereby gives notice of the adoption of the following new chapter 98 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 final regulations set forth a new chapter establishing the Achieving Your Best Life Rewards Property Program.
The first proposed rulemaking was published in the D.C. Register on November 26, 2010, at 57 DCR 11286. DCHA published a second notice of proposed rulemaking in the D.C. Register on January 28, 2011, at 58 DCR 0836 in response to the comments it received for the first notice of proposed rulemaking. Minor technical changes (e.g., correcting citation formats, misspellings, formatting, grammar, and punctuations) were made to the second notice of proposed rulemaking, but no additional substantive changes were made. Final action to adopt this rulemaking was taken at the Board of Commissioners regular meeting on March 9, 2011. The final rules will become effective upon publication of this notice in the D.C. Register.
CHAPTER 98 PUBLIC HOUSING: ACHIEVING YOUR BEST LIFE REWARDS PROPERTY PROGRAM
Secs.
9800 Program Purpose
9801 Program Description
9802 Rewards Properties
9803 Jurisdiction
9804 Grievance Rights
9805 AYBL Program Application
9806 AYBL Program Eligibility Determination
9807 AYBL Selection Preferences and Lottery
9808 Occupancy Standards
9809 Transfers
9810 Move-in Requirements
9811 Move-in and Move-out Inspections
9812 Rent Calculations
9813 Rent Collection, Returned Checks, Retroactive Rent, Abatement of Rent and Minimum Rent
9814 Savings Escrow Account
9815 Maintenance Escrow Account
9816 Late Payments
9817 Contract of Participation
9818 Recertification
9819 Reporting Change of Income and Interim Recertification
9820 Live-in Aides
9821 Default
9822 Reasonable Accommodation
9899 Definitions
9800 PROGRAM PURPOSE
9800.1 The purpose of the program is to develop local strategies that link public housing assistance with public and private resources to encourage participating families to:
(a) Increase earned income; and
(b) Make progress toward achieving economic independence and prepare for purchasing a home.
9801 PROGRAM DESCRIPTION
9801.1 The District of Columbia Housing Authority (DCHA) recognizes the need to encourage families in their efforts to attain self-sufficiency. As such, DCHA establishes the Achieving Your Best Life Rewards Program (AYBL), a self-sufficiency program structured around DCHA designated Public Housing developments known as Rewards Properties. Participating AYBL Families reside at these developments while preparing to become homeowners. Although the primary goal of the program is to prepare public housing families to become homeowners by reducing their dependency on public and housing subsidies, families also set self-declared goals related to achieving homeownership. In an effort to assist families to become homeowners, DCHA’s goal is to connect residents with available resources and services in such areas as credit and budget counseling, general life skills, job readiness assessment and training, home ownership counseling, educational/vocational training and self improvement workshops. Through case management and active participation, families will be connected with community services and related programs critical to their success. Participation in the AYBL program is voluntary.
9802 REWARDS PROPERTIES
9802.1 A Rewards Property is a Public Housing property or unit designated as an incentive of the DCHA AYBL program that will be used to encourage public housing families to move toward self-sufficiency. The DCHA Board of Commissioners’, upon recommendation by the DCHA Executive Director, will designate Rewards Properties by resolution. All or a specified number of units at a Rewards Property may be designated as homeownership preparation housing under the AYBL program.
9802.2 Families selected to participate in the AYBL program and to live in Rewards Properties must meet specific criteria, including a determination of eligibility by DCHA as outlined in the AYBL program eligibility criteria in § 9805 of this chapter.
9802.3 The size of the program is determined by the number of total designated public housing units located at Rewards Properties. This number may change over the lifetime of the program as new units/properties are added or removed at the sole discretion of DCHA.
9802.4 AYBL Families may reside at Reward Properties until the following:
(a) The family successfully purchases a home;
(b) The Contract of Participation expires;
(c) DCHA terminates the family’s Contract of Participation;
(d) The family breaches the Public Housing dwelling lease or AYBL lease addendum as determined in Landlord Tenant court; or
(e) The family is evicted, whichever comes first.
9802.5 In the event of termination of the Contract of Participation, the AYBL Family will be required to transfer to a non-Rewards Property unit in accordance with 14 DCMR chapter 64. The AYBL Family is responsible for relocation costs.
9802.6 When a new Rewards Property is available for occupancy or a waiting list is re-opened at an existing Rewards Property, DCHA, based on its current tenant records, will identify those Public Housing residents who appear to meet the minimum AYBL income and bedroom size requirements.
9802.7 DCHA will make a public announcement stating eligibility requirements and application deadlines. In addition, DCHA will notify those Public Housing residents in writing who may meet the eligibility requirements.
9803 JURISDICTION
9803.1 For the purposes of this Chapter the D.C. Superior Court Landlord and Tenant Branch has jurisdiction over any DCHA Dwelling Lease Agreement and AYBL Lease addendum.
9804 GRIEVANCE RIGHTS
9804.1 Any decision by DCHA with respect to application, eligibility, continued occupancy or terminations under this Chapter may be appealed to the Regional Administrator for Public Housing as an Administrative Review only. All requests for Administrative Reviews must be submitted in writing to the Regional Administrator for Public Housing within fourteen (14) calendar days of any decision made by DCHA. After review of the request for an Administrative Review, the Regional Administrator will issue a Decision within thirty (30) calendar days of receipt of the request for an Administrative Review. The AYBL participant may file an appeal of the Regional Administrator’s Final Decision to the Director of Operations Support. All appeals to the Director of Operations Support must be filed within five (5) business days of the issuance of the Regional Administrator’s Final Decision. The Director of Operations Support will issue the Final Decision within thirty (30) calendar days from the date of the appeal. For the purposes of this Chapter decisions made by DCHA are not governed by 14 DCMR Chapter 63.
9805 AYBL PROGRAM APPLICATION
9805.1 For the purposes of this chapter, the term “application” means a form provided by DCHA, and any additional supporting documents required to be completed by each AYBL Applicant Family seeking admission into the AYBL program.
9805.2 DCHA Public Housing families may elect to be listed on one (1) or more AYBL Site-based Transfer Waiting Lists that are open at that time of application.
9805.3 Each AYBL Applicant Family shall receive written notification of DCHA’s receipt of the AYBL Program Application.
9805.4 When an AYBL Applicant Family is determined eligible for AYBL written notification of the AYBL Program Application shall be appropriately maintained on the AYBL Site-based Transfer Waiting List for which the family has applied in accordance with of this Chapter.
9806 AYBL PROGRAM ELIGIBILITY DETERMINATION
9806.1 Only AYBL Applicant families who are determined eligible and successful in being selected in the appropriate lottery will be placed on an AYBL Site-based Transfer Waiting List(s) for which the family has chosen to be listed.
9806.2 AYBL Family will be selected without regard to race, color, religion, sex, handicap, familial status, or national origin.
9806.3 The DCHA shall consider an AYBL Applicant Family eligible for participation in the AYBL program if the AYBL Applicant Family meets the following criteria:
(a) Is a current DCHA Public Housing family and has been a resident for at least one (1) year;
(b) Bedroom size requirement meets the unit composition of the Reward Property and established DCHA Occupancy Standards of this chapter;
(c) Income eligible: minimum earned income of the potential borrower/co-borrower of thirty-five thousand dollars ($35,000) from employment or in the case where the potential borrower/co-borrower is elderly and/or disabled certain unearned income (for example, SSI, SSDI, pension payments, etc.) may be counted toward the thirty-five thousand dollars ($35,000) minimum. DCHA may from time to time change the minimum income eligibility requirement.
(d) The family may not include any person who has held an ownership interest in a residence during the three (3) years prior to commencement in AYBL, except as follows:
(1) Equitable interest in a property under the terms of a lease-purchase agreement prior to exercise of the purchase option;
(2) An individual who is now single, but had previously owned a home with his or her former spouse even within the three (3) year period;
(3) A household in which a family member is a person with a disability, if homeownership assistance is needed as a reasonable accommodation; and
(4) A family that owns or is acquiring shares in a cooperative.
(e) Be a DCHA resident in Good Standing:
(1) Timely completion of scheduled and interim recertifications;
(2) No instances of unreported income;
(3) No current debt owed (i.e., rent, excess utility charges, maintenance charges, etc.) to DCHA, federally funded housing program, and any court or in-house repayment agreements must be paid off prior to application to the AYBL program.
(4) No more than one (1) late rental payment within the twelve (12) months prior to submission of an AYBL application provided that the payment is received within the month that the rent is charged. For other charges (i.e., excess utility charges, maintenance charges, etc.) payment must have been made within thirty (30) days of the date of the charge.
(5) Passed scheduled DCHA inspections that were conducted in the unit within the past twelve (12) months from the date of AYBL application submission;
(6) No legal actions for non-curable violations of the lease within the last five (5) years at the time of AYBL application submission;
(7) No repeated breaches of other terms of the Lease by the Lessee(s) or any household member identified in the Public Housing dwelling lease;
(8) Pass a separate DCHA AYBL Home Visit inspection.
(9) Pass a criminal background check that will be conducted on all household members who are eighteen (18) years of age or older pursuant to 14 DCMR § 6109.
9806.4 At the time a unit offer is made, the family must continue to be in compliance with the eligibility requirements of the program and the qualifying bedroom size based on their current family composition. If the family is determined not to require the bedroom size for which they were initially placed on the waiting list, the family will be placed at the bottom of the waiting list for the appropriate bedroom size if such a bedroom size exists at the property. If the family is determined to be ineligible, they will be removed from the waiting list.
(a) While on an AYBL Site-based Transfer Waiting List, applicants will be responsible for reporting any changes to income and household composition to DCHA.
(b) When an AYBL Family has been on an AYBL Site-based Transfer Waiting List for more than one (1) year prior to a unit coming available at a Rewards Property, DCHA will update the screening information to determine if the family is still eligible before assigning the family an available unit.
(c) If the family is determined to be no longer eligible for the AYBL program, DCHA will notify the family in writing. The notification will include the reason for the ineligibility determination.
9806. 5 The AYBL Family will be required to execute a Contract of Participation and the ITSP form within fourteen (14) calendar days of notification of availability of a Rewards Property unit.
9806.6 Once the Contract of Participation has been executed, the AYBL Family must execute the Dwelling Lease and move into the Rewards Property unit, within ten (10) calendar days of a Rewards Property unit becoming available. The AYBL Family is responsible for relocation costs.
9807 AYBL SELECTION PREFERENCES AND LOTTERY
9807.1 In order to reoccupy an AYBL Rewards Property, units will be offered first to those AYBL eligible returning families based on the appropriate bedroom size. If there are more returning eligible AYBL applicant families than available units, these families will be placed at the top of the Site-based Transfer Waiting List according to bedroom size and date of initial occupancy at that property.
9807.2 DCHA at its sole discretion may designate other Public Housing developments in the area surrounding a Rewards Property in which the current residents receive priority consideration for participation in the AYBL program. Eligible residents at the designated surrounding public housing properties will be given priority after returning residents for placement at Rewards Properties.
9807.3 Residents at DCHA designated properties in the area surrounding the Rewards Property will be placed on the requested Reward Property Site-based Transfer Waiting list based on bedroom size and the results of a lottery. If there are more returning eligible AYBL applicant families than available units, residents at DCHA designated properties in the area surrounding the Rewards Property will be placed on the Site-based Transfer Waiting List after any AYBL eligible returning families of the Rewards Property. If there are too many eligible families from DCHA designated properties in the surrounding area to place at the Rewards Property and not enough appropriate bedroom sized units or slots on the Site-based Transfer Waiting List, DCHA will conduct a lottery to determine placement of the eligible families from the designated surrounding properties on the transfer waiting list pursuant to this section.
9807.4 After the returning ABYL families and residents at DCHA designated properties in the area surrounding the Rewards Property have been put on the Site-based Transfer Waiting list, and there is a need for additional families to occupy units at a Rewards Property, DCHA will conduct a lottery as defined in this section for all other AYBL eligible DCHA Public Housing residents.
9807.5 Only those AYBL applicant families that have been determined eligible for the
AYBL program will be placed in a lottery pool to be selected for an AYBL Site-based Transfer Waiting list pursuant to this section.
9807.6 Applicants are assigned a number at the time they are determined eligible. Once the eligibility determination process is complete, DCHA will conduct a public lottery overseen by a third party to determine which applicants will be selected for placement on an AYBL Site-based Transfer Waiting Lists according to bedroom size and property requested.
9807.7 The size of AYBL Site-Based Transfer Waiting Lists will be based upon DCHA’s projected vacancy rates at each AYBL Rewards Property. The size of AYBL Site-based Transfer Waiting Lists will be determined by DCHA, at its sole discretion, based on projected vacancies.
9807.8 Once the required number of AYBL eligible families is selected from the lottery
pool to meet projected vacancies for an AYBL Rewards Property, the families will be placed on the AYBL Site-Based Transfer Waiting List based on the order the families were selected from the lottery pool.
9807.9 Once the AYBL Families are placed on an AYBL Site-based Transfer Waiting List, that Site-Based Transfer Waiting list will be closed.
9807.10 Once a AYBL Site-based Transfer Waiting List is closed, those AYBL Families who were in the lottery pool, but were not selected to be placed on a AYBL Site-based Transfer Waiting List, will be able to re-apply when DCHA determines to reopen the list.
9807.11 When there is not a sufficient number of eligible AYBL Families on an AYBL Site-based Transfer Waiting List to meet vacant unit projections for that property, the AYBL Site-based Transfer Waiting List will be opened and applications will be requested in accordance with the provisions of this chapter.
9808 OCCUPANCY STANDARDS
9808.1 AYBL Families will be responsible for adhering to any and all DCHA occupancy standards.
9808.2 DCHA will make every effort to apply the DCHA occupancy standards.
9809 TRANSFER
9809.1 The request to participate in an AYBL Reward Program will be considered as a tenant initiated transfer request if the family is deemed eligible and has accepted a unit at a Rewards Property. The AYBL Family is responsible for relocation costs.
9809.2 When DCHA is required to fill a vacancy at an AYBL Rewards Property, DCHA
will notify the next AYBL Family from the AYBL Site-based Transfer Waiting Lists in writing. Eligible AYBL Families reaching the top of the AYBL Site-based Transfer Waiting List for the Rewards Property for which the AYBL applicant family applied will have thirty (30) days to move into the unit from the time the family is notified that they are eligible.
9809.3 The AYBL Family must execute the Contract of Participation within fourteen (14) calendar days of written notification of eligibility to participate in AYBL.
9809.4 Prior to the execution of the Contract of Participation, if the AYBL Family’s circumstances change, including but not limited to, income and/or family composition, the AYBL Family is required to notify DCHA.
9809.5 Once the Contract of Participation has been executed, and a unit has been offered,
the AYBL Family must execute the Dwelling Lease and AYBL Lease Addendum in accordance with 14 DCMR § 6400.6, and move into the Rewards Property unit, within ten (10) calendar days of the execution of the Contract of Participation.
9809.6DCHA shall provide the AYBL Family with copies of all executed documents.
9809.7 AYBL eligible families will receive one (1) offer of transfer into a unit at a
Rewards Property for which the family is on the Site-based Transfer Waiting List. Refusal of the offer will result in removal of the household from all AYBL Site-based Transfer Waiting Lists.
9809.8 If an AYBL eligible family is on more than one AYBL Site-based Transfer
Waiting List and is then housed at one (1) of the Rewards Properties, the family’s application on any other AYBL Site-based Transfer Waiting Lists will be removed. DCHA will not approve any tenant initiated transfers to any other AYBL Reward Properties.
9809.9 Once removed from an AYBL Site-based Transfer Waiting List, a Public Housing
family may reapply for participation in the AYBL Program when a waiting list is opened, as long as they remain eligible.
9809.10 When the Contract of Participation is terminated by either DCHA or the AYBL Family, DCHA will issue a Required Transfer notice. Once a non-Rewards Property public housing unit with the appropriate bedroom size becomes available, an offer will be made. The AYBL Family will then have fourteen (14) calendar days to vacate the Rewards unit. The AYBL Family is responsible for the relocation costs.
9809.11 AYBL Families subject to a Required Transfer pursuant to this Chapter will receive up to two (2) unit offers in writing. The offers shall be for a dwelling unit for the appropriate bedroom size, and any approved reasonable accommodations in accordance with DCHA Occupancy Standards.
9809.12 An AYBL Family that receives a written offer of a new dwelling unit and refuses to move after the unit has been identified may receive a second unit offer. If the AYBL Family refuses a second unit offer, a “Notice to Cure or Vacate” shall be issued.
9809.13 AYBL Families are not exempt from any action that DCHA is authorized to take under the general lease and AYBL lease addendum. All applicable actions shall transfer with the AYBL Family to the new dwelling unit, and become part of the new lease agreement.
9809.14 Transfers based on the completion or termination of the Contract of Participation is considered Required Transfers and DCHA will not pay the cost of moving out of an AYBL Rewards Property. The AYBL Family is responsible for relocation costs.
9809.15 In the event the AYBL Lessee(s) who executes the lease, vacates public housing, the remaining AYBL Family residents will receive a “Notice to Vacate” subject to the AYBL Lease Addendum. A remaining AYBL Family member may apply to become the new Head of Household. The new Head of Household must meet the AYBL eligibility requirements with the exception of the income requirement.
9809.16 After service of the “Notice To Cure or Vacate” the remaining AYBL Family may request six (6) months to meet the AYBL earned income requirements. DCHA, at its sole discretion, may grant a request of six (6) months to meet the AYBL earned income requirements. If the AYBL Family needs an additional six (6) months to meet the earned income eligibility, the AYBL Family may request an additional (6) six months to meet the income requirement. DCHA at its sole discretion may grant the request for an additional six (6) months. The remaining AYBL family members will be required to pay standard rent, as defined at 14 DCMR Chapter 62. The rent will be re-calculated in accordance with the standards set forth in 14 DCMR Chapter 62, et seq. for the remaining AYBL family members and will be charged from the time in which the former member(s) vacate the Rewards unit and the remaining AYBL family members can meet the earned income eligibility requirement or vacate the unit and move to conventional public housing.
9809.17 If any household member vacates the AYBL Rewards Property unit, that household member cannot transfer to a traditional public housing unit.
9809.18 Instances of domestic violence, as defined in DCHA’s Dwelling Lease Agreement, shall be treated according to the provisions therein.
9809.19 DCHA will pay for relocation costs for tenant initiated transfers only in the event of the death of a Lessee or a Lessee requests a transfer due to a verifiable disability of a household member that requires a reasonable accommodation.
9810 MOVE IN REQUIREMENTS
9810.1 Upon execution of the Dwelling lease, the AYBL Participant must pay a security deposit, first month’s AYBL tenant rent, and the savings escrow(s) pursuant to this chapter. All rent and security deposits shall be paid by check or money order only.
9810.2 The security deposit is equal to one (1) month’s total AYBL Family payment.
9810.3 Any existing credits on the eligible AYBL Family’s rental account will transfer
with the family to the new unit and will be credited toward the required security deposit and first month’s rent.
9810.4 The tenant shall attend any AYBL orientation and/or training required by DCHA.
9810.5 The DCHA shall schedule a move-in date for the AYBL Family upon execution of all documents related to the transfer and AYBL participation.
9810.6 In the event of a financial hardship, the AYBL Participant may have up to ninety (90) calendar days to pay the security deposit from the date of execution of the Lease and Addendum upon approval by DCHA.
9811 MOVE-IN AND MOVE-OUT INSPECTIONS
9811.1 Prior to the move-in date, DCHA shall conduct a move-in inspection with the AYBL Family. DCHA and the AYBL Family shall sign the unit inspection form certifying the condition of the unit, and the equipment provided with the unit, at the end of the inspection. The AYBL Family cannot contest any deficiency not included on the move in inspection form.
9811.2 AYBL Families are required to notify DCHA in writing thirty (30) days prior to vacating the unit. Failure to provide a thirty (30) day written notice will result in forfeiture of the security deposit.
9811.3 The DCHA shall conduct a move-out inspection with the AYBL Family prior to the scheduled move-out date. If the AYBL Family vacates the unit without notifying DCHA, DCHA shall inspect the unit within twenty-four (24) hours of becoming aware of the family vacating the unit.
9811.4 The security deposit will be treated in accordance with the DCHA Dwelling Lease Agreement. Except that, in the event the tenant caused damages exceed the amount of the security deposit, DCHA may deduct the balance due from the savings escrow or take any other action allowable by D.C. law.
9811.5 DCHA shall furnish the vacated AYBL Family with a statement of total charges
and any deductions from the security deposit and/or escrow accounts for any damages within thirty (30) calendar days after completion of repairs.
9812 RENT CALCULATIONS
9812.1 For the purposes of the AYBL program only AYBL Tenant Rent will be calculated as thirty percent (30%) of the AYBL participants adjusted Unearned Income and the total income of any other non-AYBL participant(s) in the household, if any. In the event that the amount calculated is less than zero dollars ($0), the rent charged will be zero dollars ($0).
9812.2 At all Rewards Properties, DCHA will initially pay for all unit utilities. As a means of preparing AYBL Families for homeownership, over the course of an AYBL Family’s Contract of Participation term, the AYBL Family payment of utilities will be phased according to a graduated schedule. The following is the graduated schedule of utility payment responsibility that will be applied:
AYBL Participation Year
DCHA
AYBL Family
Year 1
100%
0%
Year 2
75%
25%
Year 3
50%
50%
Year 4
25%
75%
Year 5
0%
100%
9812.3 DCHA will not provide a utility allowance for AYBL families.
9813 RENT COLLECTION, RETURNED CHECKS, RETROACTIVE
RENT, ABATEMENT OF RENT AND MINIMUM RENT
9813.1 AYBL Families will be subject to the existing Public Housing Rent Collection, Returned Checks, Retroactive Rent, Rent Abatement of Rent and Minimum Rent policies found at 14 DCMR §§6120, 6206, 6207, 6208.2, 6209, and 6210 and the Public Housing dwelling lease.
9814 SAVINGS ESCROW ACCOUNT
9814.1 A Savings Escrow Account will be established for each participating AYBL
Family.
9814.2 The amount paid into their Savings Escrow Account by AYBL Families shall be twenty-eight percent (28%) of the Earned Income of each AYBL participant.
9814.3 DCHA shall deposit the savings escrow funds of all AYBL Families into a single depository account that shall be invested in one (1) or more HUD-approved investments.
9814.4 The total of the combined savings escrow account funds shall be supported in the DCHA accounting records by a subsidiary ledger showing the balance applicable to each AYBL participant. During the term of the Contract of Participation, DCHA shall credit periodically, but not less than annually, to each AYBL participant’s savings escrow account, the amount of the AYBL participant Savings Escrow payment.
9814.5 The investment income for funds in the Savings Escrow Account will be prorated and credited to each AYBL Family’s Savings Escrow Account based on the balance in each family’s AYBL Savings Escrow Account at the end of the period for which the investment income is credited.
9814.6 Required AYBL participant savings escrow payments shall be adjusted to reflect any changes in the AYBL participant’s earned income. See Interim Recertification policies in this chapter for additional information related AYBL program requirements.
9814.7 The primary purpose of the Savings Escrow account is to fund costs related to
obtaining a mortgage (i.e., down payment). These funds will be disbursed, minus any amount owed to DCHA by the AYBL Family, on behalf of the AYBL Family at the time of settlement.
9814.8 Upon written request by an AYBL participant, and subsequent approval by DCHA, an interim disbursement may be made on behalf of the AYBL participant from the AYBL participant’s Savings Escrow account. DCHA may require any additional documentation supporting the request.
9814.9 Savings Escrow payments are due by the first (1st) of the month and will be treated as late payments if not received by the tenth (10th) of the month.
9815 MAINTENANCE ESCROW ACCOUNT
9815.1 DCHA will establish a Maintenance Escrow Account for each AYBL Family for the maintenance to the AYBL Family’s unit.
9815.2 Maintenance escrow funds shall be utilized to pay for the maintenance/repair of the AYBL Family’s Rewards Property unit.
9815.3 The amount paid into a maintenance escrow account for AYBL Families shall be
two percent (2%) of the AYBL participant’s earned income and shall be adjusted to reflect any changes in the AYBL participant’s earned income. See Interim Recertification policies in this chapter for additional related AYBL program requirements.
9815.4 DCHA shall deposit the Maintenance escrow funds of all AYBL Families into one (1) or more HUD approved investment accounts.
9815.5 The total of the Maintenance Escrow Account funds shall be supported in the DCHA accounting records by a subsidiary ledger showing the balance applicable to each AYBL participant. During the term of the Contract of Participation, DCHA shall credit monthly, but not less than quarterly, to each AYBL participants Maintenance escrow account, the amount of the AYBL participant Maintenance Escrow payment.
9815.6 DCHA will work with the AYBL Families to contract out the maintenance/repair of Rewards Property units.
9815.7 When a condition requiring maintenance/repair is identified by the AYBL Family and reported to DCHA or identified by DCHA, the AYBL Family head of household will work with DCHA to identify one of the DCHA designated maintenance contractors to perform the work and estimate the related cost of work to be performed.
9815.8 The AYBL Family with the assistance of DCHA, will oversee the work and sign-off on the satisfactory completion of the work. Once the invoice for the completed work is received by the AYBL Family, the AYBL Family shall submit a request to DCHA for disbursement of funds from the maintenance escrow account to pay for the work performed by the contractor. Requests for maintenance disbursements must be submitted in writing and include an invoice for the work completed by the contractor. Disbursements to pay for maintenance/repair on an AYBL unit shall be made by DCHA on behalf of the AYBL Family in accordance with terms of the Contract of Participation.
9815.9 If the cost associated with the repair exceeds the balance of the maintenance escrow account, DCHA will charge the entire cost of the repair to the maintenance escrow account creating a negative balance.
9815.10 If a negative balance in the maintenance escrow account is greater than two times the AYBL Family’s monthly escrow account payment, and if the majority of the charges are due to tenant caused damage, DCHA will deduct the funds required to make up the balance from the savings escrow account. As a result of the withdrawal from the savings escrow account, DCHA will issue Notice of non-compliance to the AYBL Family.
9815.11 An AYBL Family may contribute additional funds to the maintenance escrow account to make up any shortages to eliminate a negative balance.
9815.12 At the end of AYBL program participation, any maintenance escrow monies not applied toward the AYBL Family’s unit maintenance/repair will be transferred to the DCHA project based budget for the Rewards Property.
9815.13 DCHA will send monthly statements to the AYBL Families reflecting all deposits and withdrawals/charges to the savings and maintenance escrow accounts.
9815.14 Maintenance Escrow payments are due by the first (1st) of the month and will be treated as late payments if not received by the tenth (10th) of the month.
9816 LATE PAYMENTS
9816.1 If the Savings Escrow, Maintenance Escrow or AYBL Tenant Rent payment is not received by the tenth (10th) of the month, an AYBL Non-Compliance Notice shall be issued. DCHA will assess a late charge for payments not received by the tenth (10th) of month.
9816.2 If payment is received within the month for which the payment was due, the Notice of Non-Compliance for non-payment will be deemed cured. Any payment received after the end of the month for which the payment is due will automatically convert to rent. Any charges still outstanding will be converted to rent due as defined in the Public Housing Dwelling Lease. Failure to pay the converted rent may result in DCHA initiating a landlord and tenant action in the Landlord and Tenant Branch of the D.C. Superior Court for non-payment.
9816.3 For purposes of this Chapter, the Notice of Non-compliance for non-payment is the equivalent of DCHA’s Notice to Cure or Vacate, thereby providing a legal basis to initiate a landlord and tenant action in the Landlord and Tenant Branch of the D.C. Superior Court for non-payment.
9816.4 An AYBL Family may receive two (2) Notices of Non-Compliance within any twelve (12)-month period. Any additional late payments will result in a Notice of Termination.
9817 CONTRACT OF PARTICIPATION
9817.1 A Contract of Participation must be executed by the Lessee(s) of the AYBL Family prior to entering into a Dwelling Unit Lease Agreement for a Rewards Property.
9817.2 AYBL participants must comply with the terms and conditions of the Dwelling Unit Lease Agreement and AYBL lease addendum.
9817.3 Failure to abide by the terms of the Contract of Participation shall be considered a violation of the lease and/or AYBL lease addendum.
9817.4 Contract Term - Term of the Contract of Participation cannot exceed five (5) years and will be established in consultation with the AYBL Family, based on the agreed upon timeframes for achieving the goals related to homeownership.
9817.5 If at the end of the contract term, the AYBL Family successfully completes the Contract of Participation and is an active participant in HOAP, the family may request a six (6) month extension of the Contract of Participation. Approval of an extension is at the sole discretion of DCHA. If at the end of the initial six (6) month extension and the AYBL Family has complied with all of the HOAP requirements and is actively looking for a home, an additional six (6) month extension may be granted at the sole discretion of DCHA.
9817.6 Requests for extensions of the contract term must be submitted to DCHA in
writing in a form approved by DCHA at least thirty (30) days prior to the end of the Contract of Participation or extension and must include evidence justifying the request.
9817.7 DCHA’s decision concerning the denial of any extension is not grievable.
9817.8 The Contract of Participation shall incorporate the ITSP(s) for both the
potential borrower/co-borrower as applicable.9817.9 The ITSP, in addition to identifying homeownership as the AYBL Family end goal, will establish interim goals by which the ABYL family’s progress in fulfilling its obligations will be measured. Mandatory minimum interim goals to be included in the ITSP and thereby required by the Contract of Participation are that the AYBL Family:
(a) Has been admitted into the HOAP; or
(b) Is under contract to purchase a home.
9817.10 Modification of the Contract of Participation – DCHA and the AYBL Family may mutually agree to modify the Contract of Participation. The Contract of Participation may be modified in writing with respect to the Individual Training and Services plans, the contract term, and designation of the Head of Household.
9817.11 Completion of the Contract of Participation – A Contract of Participation is
considered to be completed and a family’s participation in AYBL is considered to conclude when the AYBL Family has fulfilled all of its obligations under the Contract of Participation on or before the expiration of the contract term, including any extension thereof.
9817.12 Non-compliance will be determined based on the requirements of the Contract of Participation. AYBL Families will be notified in writing for instances of non-compliance through the issuance of a Notice of Non-Compliance.
9817.13 Termination of Contract of Participation – the Contract of Participation is automatically terminated if the AYBL Family’s Public Housing lease is terminated. The Contract of Participation may be terminated before the expiration of the contract term, and any extension thereof, by:
(a) mutual consent of DCHA and the AYBL Family;
(b) the failure of the AYBL Family to meet its obligations under the Contract of Participation without good cause;
(c) the AYBL Family’s withdrawal from the AYBL program;
(d) such other act as is deemed inconsistent with the purpose of AYBL; or
(e) operation of law
9817.14 Termination of the Contract of Participation for reasons other than a breach of the Public Housing lease, in accordance with subsection 9813.8(a)—(d), may not result in the termination of Public Housing assistance. If the Contract of Participation is terminated for reasons required to transfer to a non-Rewards Property unit in accordance with the AYBL transfer policy described in this chapter.
9817.15 AYBL Families who successfully complete the Contract of Participation will transition to the HCVP/HOAP. All members of the AYBL Family must vacate the AYBL unit at the conclusion of the family’s participation in the program whether by termination or successful completion of the Contract of Participation.
9818 RECERTIFICATION
9818.1 AYBL Families will be responsible for adhering to all recertification requirements in accordance with 14 DCMR § 6118.1(a)—(f).
9818.2 AYBL Families who wish to remove a household member from the household composition shall have the burden of proof that such person has permanently vacated the Leased Premises and must submit documents satisfactory to DCHA, in accordance 14 DCMR § 6119.1, that the household member is residing elsewhere.
9818.3 If the removal of the household member results in a change in required bedroom
size for the AYBL Family and there are no available AYBL Rewards Property units available that meet the AYBL Family’s new household composition, the family can no longer participate in AYBL.
(a) A required transfer will be initiated when an available non-Rewards Property unit meeting the family’s household composition needs is available.
(b) If a non-Rewards Property unit is not immediately available for the family to occupy, the family will remain at the Rewards Property, but will be converted to a standard Public Housing resident by executing a new lease addendum with a Standard Rent calculation and charged. The family will receive a thirty (30) day written notice of any increase in payments required.
(c) The Savings and Maintenance Escrow account balances for the AYBL Family will be transferred to the DCHA project-based account for the affected Rewards Property.
9818.4 If the removal of the household member does not result in a change in required bedroom size, but does result in a reduction in the Earned Income of the Lessee(s) to a level below the minimum AYBL program income requirement, the remaining members will have six (6) months to increase the Earned Income level to the minimum AYBL income requirement.
9818.5 For income changes that are reported timely to DCHA, the Lessee(s) shall receive a thirty (30) day written notice of any increase in Savings/Maintenance Escrow or AYBL Tenant Rent payment amounts based on completed recertifications. Any decrease will be effective as of the first (1st) of the month following the report of the income change.
9818.6 If the Lessee(s) has misrepresented or failed to submit timely to DCHA any facts used in the determination of rent and savings/maintenance escrows, whether intentionally or by mistake, DCHA shall:
(a) Calculate what the AYBL Family’s Standard Rent would have been had the proper information been submitted timely to DCHA by the Lessee;
(b) Determine the difference between the Escrow/Rent payments made by the AYBL Family during the period in which the additional income went unreported and the Standard Rent calculated using the correct information, and post the difference to the tenant account; and
(c) Terminate the Contract of Participation.
9818.7 For instances of unreported income, DCHA shall issue a written notice of any charges due. These additional charges will be due thirty (30) days from the date of the notice. A failure to accurately report income, deductions, family composition or any other information may result in lease enforcement, legal action taken by DCHA or law enforcement agencies.
9818.8 The Mandatory Earned Income Disregard shall not apply to AYBL Families.
9819 REPORTING CHANGE OF INCOME AND INTERIM RECERTIFICATION
9819.1 AYBL Families will be responsible for adhering to all recertification requirements in accordance with 14 DCMR § 6119(a)—(e).
9819.2 DCHA shall have the right to require the Lessee (AYBL Head of Household) to attend rent/escrow review meeting(s) upon written request. Lessee may request rent/escrow review(s) through the manager of his/her property at any time upon written request. Lessee shall attend any meetings held to conduct rent/escrow review(s) at the time and place specified by DCHA or, if requested by the Lessee, at an alternative time during normal DCHA hours. Lessee shall provide to DCHA complete and accurate information, including documentation, as specified by DCHA.
9819.3 If the Lessee(s) has failed to comply with this subsection, including but not limited to misrepresentation or failure to submit timely to DCHA any facts used in the determination of rent and savings/maintenance escrows, whether intentionally or by mistake, DCHA shall:
(a) Calculate what the AYBL Family’s Standard Rent would have been had the proper information been submitted timely to DCHA by the Lessee;
(b) Take the difference between the Escrow/Rent payments made by the AYBL Family during the period in which the additional income went unreported and the Standard Rent. The difference will be posted to the tenant account.
9819.4 For instances of unreported income, DCHA shall issue a written notice of any charges due not less than thirty (30) days from the date of the notice. A failure to accurately report income, deductions, family composition or any other information may result in legal action taken by DCHA or law enforcement agencies.
9819.5 The Mandatory Earned Income Disregard shall not apply to AYBL Families.
9820 LIVE-IN AIDES
9820.1 AYBL Families will be responsible for adhering to all live-in aide requirements in accordance with 14 DCMR § 6121.
9821 DEFAULT
9821.1 If an AYBL Family defaults under any of the terms of the Contract of Participation, the tenancy shall automatically convert to a conventional public housing tenancy. All sums due pursuant to the Contract of Participation shall be deemed rent and are payable to DCHA. The AYBL Family shall transfer to a conventional public housing unit pursuant this chapter. DCHA shall be entitled to initiate legal action in any appropriate forum for possession and/or rent.
9821.2 The rent will be re-calculated in accordance with the standards set forth in 14 DCMR chapter 62. DCHA will initiate an interim recertification to determine the new rent amount based on the information currently available in DCHA records.
9821.3 Events of default include but are not limited to:
(a) any breach of the Contract of Participation or of the AYBL Lease Addendum;
(b) failure to make any required payment under the AYBL Lease Addendum;
(c) failure to maintain the balance in their maintenance escrow account due to tenant caused damages;
(d) failure to timely pay escrow and/or rent;
(e) failure to attend required training sessions or meetings;
(f) failure to submit interim or annual recertification;
(g) failure to report increases in income in accordance with recertification regulations; and
(h) failure to report changes in family composition;
9821.4 Upon default or voluntary termination of the Contract of Participation or non-payment of escrow accounts, all escrow accounts are deemed rent and subject to the jurisdiction of the D.C. Superior Court Landlord Tenant Branch.
9821.5 The Family is not entitled to grieve any action taken by DCHA pursuant to the AYBL Family’s default.
9821.6 In the event the family is in default of their Contract of Participation, DCHA shall provide written notice of the default, an opportunity to meet with DCHA staff, and the opportunity to cure or correct the default. The family must cure the default within six (6) months from the date of the notice or by the end of the term of their Contract of Participation, whichever is shorter. The notice shall be mailed or hand delivered to the family at their unit in the AYBL Rewards Property.
9822 REASONABLE ACCOMMODATION
9822.1 Any Public Housing Resident with a disability may apply to the AYBL Program. If AYBL applicant cannot meet the initial eligibility requirements due to a disability, DCHA may consider the following factors as a reasonable accommodation to qualify for the program:
(a) source of income for the entire household;
(b) minimum income requirements; or
(c) bedroom size requirements.
9822.2 After considering the above factors, DCHA in its sole discretion will determine if the AYBL Applicant Family can meet the AYBL Final Eligibility Requirements for admission to the program and continued occupancy.
9899 DEFINITIONS
Achieving Your Best Life Rewards Program (AYBL) – a DCHA established and administered Public Housing homeownership program designed to promote self-sufficiency and homeownership by assisting program participants in benefitting from supportive services. Participants reside at DCHA identified properties—known as Rewards Properties—while preparing for homeownership.
Adjusted Unearned Income—For purposes of the AYBL program, adjusted
Unearned income is Unearned Income less deductions as defined in Adjusted Income at 14 DCMR § 6099.1
AYBL Applicant Family - a Public Housing family who has submitted a completed application, including all required documents, for consideration to become an AYBL Family.
AYBL Families Eligible for HCVP/HOAP Participation - a household of one (1) or more persons that meets the following minimum requirements:
(a) As a threshold determination for participation in the AYBL HCV/HOAP, a Family shall have met the AYBL participation requirements under the Contract of Participation and ITSP.
(b) Lease compliant.
(c) A Family that meets the threshold determination shall then meet the following eligibility requirements:
(1) Employment. Except as provided in at subsection 9802.18(d), the household shall provide proof of employment such that:
(A) One (1) or more of the adult household members who shall be a borrower or co-borrower at the commencement of receiving HOAP assistance, is currently employed on a Full-Time Basis; and
(B) At least one (1) borrower shall have been employed for at least two (2) continuous years preceding the beginning of HOAP Subsidy.
(2) Minimum Income.
(A) The household shall demonstrate that gross annual income of the borrower and/or co-borrower is equal to at least one hundred twenty-seven percent (127%) of the minimum income eligibility requirement established for AYBL participation or such other minimum percentage as may be established by DCHA from time to time. Elderly and Disabled Families may, in addition to any earned income, include unearned income from SSI, SSDI, pensions, etc.
(B) Except in the case of Elderly or Disabled Families, income shall come from sources other than governmental assistance programs such as Temporary Assistance for Needy Families.
(3) Applicants for the HCV/HOAP shall be enrolled in the AYBL program.
(4) Good Standing. The household shall be in Good Standing as follows:
(A) The household shall have disclosed and satisfied all prior debts to DCHA or any other federally funded housing program.
(B) The household shall not have committed fraud in connection with the Public Housing program or any other federally funded housing program.
(C) The household shall not have defaulted, or be in default, on any mortgage securing debt to purchase a home under any prior HCV/HOAP participation.
(d) If a household purchases or takes title to a home before receiving approval to participate in the HCV/HOAP, the household shall be determined ineligible.
(e) The employment requirement does not apply to an elderly or disabled family.
AYBL Family - a Public Housing family in which the DCHA AYBL approved Lessee(s) has executed a Contract of Participation and an Individual Training and Service Plan(s) (ITSP).
AYBL Home Visit Inspection – an inspection using Uniform Physical Condition Standards (UPCS) and DCHA Housekeeping standards that is performed on the public housing unit where the resident resides when the AYBL application is submitted to DCHA. AYBL applicant families are given at least forty-eight (48) hours notice of DCHA’s intent to enter the unit.
AYBL Lease Addendum – an addendum to the Public Dwelling Lease that outlines responsibilities and legal obligations specific to AYBL participation.
AYBL Participant – a Lessee(s) (Head of Household and spouse, domestic partner or co-head, if applicable) who has signed an AYBL Contract of Participation and an ITSP and a dwelling unit lease agreement at a Rewards Property.
AYBL Site-based Transfer Waiting List - a transfer waiting list of Public Housing households that have been determined eligible for participation in the AYBL program. Each AYBL site will have transfer waiting list(s). AYBL transfer waiting lists will be organized by unit type and bedroom size. Families will be placed on an AYBL transfer waiting list in order based on application numbers determined by a lottery. As AYBL units become available, eligible families requiring the unit features (including bedroom size) will be referred from that site transfer waiting list.
AYBL Tenant Rent – rent calculated for an AYBL Family is the amount of rent payable to DCHA under the dwelling lease. For the purposes of the AYBL program only, AYBL Tenant Rent will be calculated as thirty percent (30%) of the AYBL participant(s) adjusted Unearned Income and the total income of any other non-AYBL participant(s) in the household, if any. For each AYBL family with non-AYBL participant members, a minimum rent of one hundred dollars ($100) will be charged. In the event that the amount calculated for an AYBL family that does not include non-AYBL participant members is less than zero dollars ($0), the AYBL Tenant Rent charged will be zero dollars ($0).
AYBL Program Application – an application that DCHA provides to a Public Housing family for consideration for admission to the AYBL program which may require additional supporting documents and information to be provided by each AYBL Applicant Family.
Certificate of Completion – a Certificate of Completion shall be issued upon:
(a) Successful completion of the home ownership and housing counseling sessions;
(b) Verification that the AYBL Family has an acceptable credit report; and
(c) Verification that the AYBL Family has sufficient assets to make at least a one percent (1%) down payment investment from personal resources.
Contract of Participation (COP) – a contract entered into between the Lessee(s) of an AYBL Family, and DCHA that sets forth the terms and conditions governing participation in the AYBL program. The Contract of Participation includes the Individual Training and Service Plans (ITSPs) completed by the participating household members. An ITSP(s) is attached to and incorporated into the Contract of Participation. The effective date of the Contract of Participation is the first (1st) day of the month following the month in which the AYBL Lessee and DCHA entered into the Contract of Participation.
DCHA - the District of Columbia Housing Authority (DCHA) or any successor agency, thereto.
Disabled Person- a person who is under a disability as defined in § 233 of the Social Security Act (42 U.S.C. § 423) or in § 102 of the Developmental Disabilities Services Facilities Construction Amendments of 1970, (42 U.S.C. §§ 6001, et seq.). Section 233 of the Social Security Act defines disability as follows:
(a) Inability to engage in any substantial, gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than twelve (12) months; or
(b) In the case of an individual who has attained the age of fifty-five (55) and is blind (within the meaning of “blindness” as defined in 416(i)(1) of this title), inability by reason of such blindness to engage insubstantial gainful activity requiring skills or abilities comparable to those of any gainful activity in which he or she has previously engaged with some regularity and over a substantial period of time.
Disabled Family - a household whose head, spouse or sole member is a person with a disability(ies).
Earned Income – The Earned Income of the Lessee(s) who will be the borrower/co-borrower shall be considered for determining AYBL program eligibility and AYBL HCVP/HOAP eligibility. For purposes of the AYBL program, Earned Income includes the following:
(a) The full amount of employment income before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips and bonuses and other compensation for personal services;
(b) The net income from operation of a business or profession. Expenditures for business expansion or amortization of capital indebtedness shall not be used as deductions in determining net income. An allowance for depreciation of assets used in a business or profession may be deducted, based on straight line depreciation, as provided in the Internal Revenue Service regulations. Any withdrawal of cash or assets from the operation of business or profession will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested in the operation by the family;
(c) Social security payments received by the Lessee(s) who are elderly/disabled with the exception of children and widows/widowers receiving Social Security benefits on behalf of someone else; and
(d) All regular pay, special pay and allowances of a member of the Armed Forces (whether or not living in the dwelling) who is head of the family, spouse, or other person whose dependents are residing in the unit.
Elderly Family - a household whose head, spouse or sole member is at least sixty-two (62) years of age.
Elderly Person – a person who is at least sixty-two (62) years of age.
Eligible AYBL Family – a family that currently resides at a DCHA Public Housing who meets the AYBL program income and eligibility requirements set forth in section 9807 of this chapter.
Full-time Employment - working at least thirty (30) hours per week.
Head of Household – the person(s) who signs the Public Housing lease. The Head of Household is also considered the Lessee.
HCVP/HOAP - the Housing Choice Voucher Program/Homeownership Assistance Program (HCVP/HOAP) that is operated by the District of Columbia Housing Authority (DCHA). For the purposes of this chapter only, “HCVP/HOAP” and “HOAP” are used interchangeably.
HOAP Applicant Family - an eligible HCVP/HOAP Family that has been issued a Certificate of Completion and is in the process of obtaining a Preliminary Certificate of Assistance; Mortgage Pre-approval; Home Search Authorization; Final Certificate of Assistance.
HOAP Subsidy or HCVP/HOAP Assistance - homeownership subsidy assistance for payment to a mortgage lender on behalf of a Participating Family as provided through the Housing Choice Voucher program in the amount as determined pursuant to 14 DCMR § 9212.2.
Homeownership Preparation Housing – under the AYBL program, is a Reward Property.
Individual Training and Services Plan (ITSP) - a written plan that is prepared by DCHA in consultation with each approved AYBL participant.
(a) The ITSP sets forth:
(1) The supportive services to be identified for the family member;
(2) The activities to be completed by that family member; and
(3) The agreed upon completion dates for the services and activities
(b) Each ITSP must be signed by DCHA and the participating family member(s), and is attached to, and incorporated as part of the Contract of Participation.
Lessee – The individual(s) that sign(s) the Lease with DCHA.
Lottery – the approach utilized to determine the placement of an eligible AYBL Applicant on the AYBL Site-based Transfer Waiting List. Eligible applications will be assigned a number. At a public lottery overseen by a third party, random numbers will be selected to determine which applicants will be selected for placement on AYBL Site-based Transfer Waiting Lists.
Maintenance Escrow - the amount of money paid by the AYBL Family into an escrow account to be utilized for the maintenance of the AYBL Rewards Property unit while the AYBL family is in the program. The maintenance escrow is designed to prepare AYBL Families for the responsibilities related to paying for home repairs. The maintenance escrow is equal to two percent (2%) of the household Earned Income. At the end of AYBL program participation, any monies not spent toward the AYBL Family’s unit maintenance will be transferred to DCHA to fund necessary property maintenance.
Maintenance Escrow Payment – the amount paid into a maintenance escrow account by AYBL Families. The payment shall equal two percent (2%) of each AYBL participant(s) Earned Income.
Notice of Non-Compliance –notice of any breach of the Contract of Participation or AYBL Lease Addendum.
Notice of Termination of Program Participation – notice of termination from the AYBL Program.
Preliminary Certificate of Assistance – preliminary homeownership voucher issued by DCHA that reflects the amount of voucher assistance the AYBL Family would receive. The Preliminary Certificate of Assistance is utilized by the AYBL Family to present to a potential lender(s) as part of the AYBL Family’s application for mortgage pre-approval.
Returning Family – lesses(s) who were required to relocate from their unit due to the initial designation of the property as a Rewards Property and the associated modernization.
Required Transfer – transfer from Rewards Property to a conventional Public Housing Unit due to termination from the AYBL Rewards Program. Failure of the AYBL Family to transfer to a conventional Public Housing unit may result in a lease enforcement action. All relocation costs are the responsibility of the AYBL family.
Rewards Property - DCHA Public Housing properties that have undergone comprehensive modernization and unit feature additions with specified units that serve as homeownership preparation housing for AYBL families. Residence in these newly renovated properties is part of an incentive to encourage families to achieve self-sufficiency. AYBL Families reside in these units for the lifetime of their Contract of Participation. These properties are selected for participation in AYBL at the sole discretion of DCHA. Not all DCHA Public Housing developments that undergo comprehensive modernization and unit feature additions will become Rewards Properties.
Savings Escrow - the amount of money paid by the AYBL participant into an escrow account to be utilized by AYBL participating family member(s), upon approval by DCHA, in fulfillment of the AYBL Family’s homeownership goal. The savings escrow is equal to twenty-eight percent (28%) of the AYBL Lessee’s(s) Earned Income.
Savings Escrow Payment – The amount AYBL Families shall pay into a savings escrow account. The payment shall be equal to twenty-eight (28%) of the AYBL Lessee’s(s) Earned Income.
Self-Sufficiency - for a family or family member to be considered self-sufficient, the family must not be receiving any public assistance or any Federal, State or local rent/homeownership subsidies.
Standard Rent – rent calculated for non-AYBL Public Housing residents in accordance with 14 DCMR § 6200.
Supportive Services - services that will assist an AYBL Family member under an ITSP move toward self-sufficiency. These services may include:
(a) Child care—child care of a type that provides sufficient hours of operation and serves an appropriate range of ages;
(b) Transportation—transportation necessary to enable a participating family to receive available services, or to commute to their places of employment;
(c) Education—remedial education; education for completion of secondary or post secondary schooling;
(d) Employment—job training, preparation, and counseling; job development and placement; and follow-up assistance after job placement and completion of the Contract of Participation;
(e) Personal welfare—substance/alcohol abuse treatment and associated counseling;
(f) Household skills and management—training in homemaking and parenting skills; household management and money management;
(g) Counseling—counseling in the areas of:
(1) The responsibilities of homeownership; and
(2) Opportunities available for affordable rental and homeownership in the private housing market, including information on individual rights under the Fair Housing Act; and money management; and
(h) Other services—any other services and resources, including case management and/or reasonable accommodations for individuals with disabilities, that DCHA may determine to be appropriate for assisting AYBL Families to achieve homeownership.
Unearned Income—For purposes of the AYBL program, Unearned Income includes the following:
(a) The full amount of periodic payments received from social security, annuities, insurance policies, retirement funds, pensions, disability or death benefits and other similar types of periodic receipts;
(b) Payments in lieu of earnings such as unemployment and disability compensation, worker’s compensation and severance pay;
(c) Public (Welfare) assistance. If the public assistance payment includes an amount specifically designated for shelter and utilities that is subject to adjustment by the public assistance agency in accordance with the actual cost of shelter and utilities, the amount of welfare assistance income to be included as unearned income shall consist of the following:
(1) The amount of allowance or grant exclusive of the amount specifically designated for shelter or utilities; and
(2) The maximum amount that the welfare assistance agency could in fact allow the family for shelter and utilities. If the family’s welfare assistance is ratably reduced from the standard of need by applying a percentage, the amount calculated shall be the amount resulting from one application of the percentage;
(d) Periodic and determinable allowances and regular contributions or gifts received from persons not residing in the dwelling;
(e) Any earned income tax credit to the extent it exceeds income tax liability;
(f) Social Security benefits received by children and widowers on behalf of someone else; and
(g) Alimony and child support payments.
