4794824 Human Services, Department of - Notice of Emergency and Proposed Rulemaking - To align the terminology in the District's practices for selecting available housing units for clients in the Scattered-Sites Transitional Housing Initiative (STI) ...

DEPARTMENT OF HUMAN SERVICES

 

NOTICE OF EMERGENCY AND PROPOSED RULEMAKING

 

The Director of the Department of Human Services (DHS), pursuant to the authority set forth in Section 31 of the Homeless Services Reform Act of 2005 (HSRA), effective October 22, 2005 (D.C. Law 16-35; D.C. Official Code § 4-756.02 (2012 Repl.)), and Mayor’s Order 2006-20, dated February 13, 2006, hereby gives notice of adoption of amendments to Chapter 25 (Shelter and Supportive Housing for Individuals and Families) of Title 29 (Public Welfare) of the District of Columbia Municipal Regulations (DCMR) on an emergency basis. 

 

The purpose of the proposed rulemaking is to align the terminology in the District of Columbia’s (District) homeless services regulations with its practices for selecting available housing units for clients in the Scattered-Sites Transitional Housing Initiative (STI) and Permanent Supportive Housing (PSH) programs.  DHS had previously described the standard it used as the U.S. Department of Housing and Urban Development’s (HUD) Fair Market Rent (FMR) Standard; however, DHS has learned that the standard it uses is better described as HUD’s Rent Reasonableness Standard.  In an effort to assure that the terminology used in the homeless services regulations are consistent with the District’s practices, DHS is seeking to amend the necessary sections in 29 DCMR Chapter 25 by replacing the FMR Standard with the Rent Reasonableness Standard.  Further, the 29 DCMR § 2599 (Definitions) will be amended by removing the definition for “HUD Fair Market Rent” and adding “Rent Reasonableness Standard.”

 

Emergency rulemaking action, pursuant to Section 6(c) of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1206; D.C. Official Code

§ 2-505(c)), is necessary for the immediate preservation of the health, safety and welfare of District residents who are homeless.  It is essential that DHS continue to apply the Rent Reasonableness Standard for identifying housing units for its supportive housing clients.  Applying the FMR Standard, as opposed to the Rent Reasonableness Standard, could result in disruption of the DHS subsidy for clients housed under inconsistent housing standards, which is counter to the District’s goal of moving people into affordable supportive housing.

 

DHS adopted the emergency rules on February 25, 2014.  The emergency rules shall remain in effect until June 24, 2014; one hundred twenty (120) days after the rules were adopted, unless superseded by publication of a Notice of Final Rulemaking in the D.C. Register.  Pursuant to Section 31 of the HSRA (D.C. Official Code § 4-756.02), the proposed rules will be transmitted to the Council of the District of Columbia for a forty-five (45) day review period. 

 

The Director gives notice of the intent to take final rulemaking action in not less than thirty (30) days after publication of this notice in the D.C. Register.

 

Section 2528 (STI Program – Determination of the Applicant Household’s Housing Cost Contribution and Housing Assistance) of Chapter 25 (Shelter and Supportive Housing for Individuals and Families) of Title 29 (Public Welfare) of the DCMR is amended as follows:

 

Paragraph (a) of § 2528.3 is amended by replacing “HUD Fair Market Rent standards” with “Rent Reasonableness Standard” so that it reads as follows:

 

(a)                A clear statement of the maximum rental costs for which the family qualifies pursuant to the Rent Reasonableness Standard for their family size;

 

Section 2529 (STI Program – Tenant Housing Cost Contribution and Program Housing Cost Assistance) of Chapter 25 (Shelter and Supportive Housing for Individuals and Families) of Title 29 (Public Welfare) of the DCMR is amended as follows:

 

Subsection 2529.2 is amended to read as follows:

 

2529.2             The STI Program shall pay the difference between the household’s housing cost contribution and the cost of housing.  For purposes of this section, the cost of housing shall include the cost of utilities, the relative share of which shall be determined as set forth in the DCHA Housing Choice Voucher Program regulations found at 14 DCMR § 6200.  Subject to the availability of funds, the Department may pay an increased share of rent or utilities, when the housing cost exceeds the Rent Reasonableness Standard.

 

Section 2532 (STI Program – Unit Identification) of Chapter 25 (Shelter and Supportive Housing for Individuals and Families) of Title 29 (Public Welfare) of the DCMR is amended as follows:

 

Subsections 2532.1 and 2532.2 are amended to read as follows:

 

2532.1             Participation in the STI Program is conditional on accepting a unit that passes a housing inspection and meets the Rent Reasonableness Standard.

 

2532.2             An applicant shall be assigned one unit in the Program’s unit inventory list.  An applicant may also find a unit of their choice, except that the unit shall pass a housing inspection and shall not exceed the Rent Reasonableness Standard for their family size.

 

Paragraph (c) of § 2532.3 is amended to read as follows:

 

(c)        Accept a unit that meets the Rent Reasonableness Standard for their family size.

 

Paragraph (b) of § 2532.5 is amended to read as follows:

 

(b)        Identifies an alternate unit that passes a housing inspection and does not exceed the Rent Reasonableness Standard for their family size;

 

Section 2540 (The Department’s Housing Subsidy Program for PSH Program Participants) of Chapter 25 (Shelter and Supportive Housing for Individuals and Families) of Title 29 (Public Welfare) of the DCMR is amended as follows:

 

Paragraph (a) of § 2540.5 is amended to read as follows:

 

(a)        A clear statement of the maximum rental costs for which the household qualifies pursuant to the Rent Reasonableness Standard for their household size;

 

Section 2542 (PSH Program – Unit Identification and Acceptance) of Chapter 25 (Shelter and Supportive Housing for Individuals and Families) of Title 29 (Public Welfare) of the DCMR is amended as follows:

 

Subsections 2542.1 and 2542.2 are amended to read as follows:

 

2542.1             Participants in the PSH Housing Program shall accept a unit that passes a housing inspection and meets the Rent Reasonableness Standard.

 

2542.2             A PSH Program participant shall be assigned one (1) unit in the available unit inventory list.  The Program shall consider the participant’s stated needs and preferences when assigning the unit to the extent possible considering the PSH Program inventory and the housing market.  Participants may also find a unit of their choice, as long as such unit passes a housing inspection required by the PSH Program and does not exceed the Rent Reasonableness Standard for their household size.

 

Paragraph (d) of § 2542.3 is amended to read as follows:

 

(d)         Accept a unit that meets the Rent Reasonableness Standard for their household size.

 

Section 2599 (Definitions) of Chapter 25 (Shelter and Supportive Housing for Individuals and Families) of Title 29 (Public Welfare) is amended by removing the term, “HUD Fair Market Rent” and its corresponding definition.

 

Section 2599 (Definitions) of Chapter 25 (Shelter and Supportive Housing for Individuals and Families) of Title 29 (Public Welfare) is amended by adding the following term and definition in alphabetical order:

 

Rent Reasonableness Standard – is defined by the United States Housing and Urban Development, and means that the total rent charged for a unit must be reasonable in relation to the rents being charged during the same time period for comparable units in the private unassisted market and must not be in excess of rents being charged by the owner during the same time period for comparable non-luxury unassisted units. 

 

All persons who desire to comment on these proposed rules should submit their comments in writing to David A. Berns, Director, Department of Human Services, 64 New York Avenue, N.E., 6^th Fl., Washington, DC 20002, Attn: Ms. Michele Salters Williams, Family Services Administrator, or by email to [e-mail].  All comments must be received by the Department of Human Services not later than thirty (30) days after publication of this notice in the D.C. Register. Copies of these rules and related information may be obtained by writing to the above address, or by calling the Department of Human Services at [phone].