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DEPARTMENT OF HUMAN SERVICES
NOTICE OF EMERGENCY AND PROPOSED RULEMAKING
The Director of the Department of Human Services (Department), pursuant to the authority set forth in sections 7, 28, 30, and 31 of the Homeless Services Reform Act of 2005 (“HSRA”), effective October 22, 2005 (D.C. Law 16-35, D.C. Official Code §§ 4-753.01, 4-755.01,
4-756.01 and 4-756.02 (2006 Supp.)), Mayor’s Order 2006-20, dated February 13, 2006, and Mayor’s Order 2007-80, dated April 2, 2007, hereby gives notice of the adoption of the following new chapter 77 of title 29 of the District of Columbia Municipal Regulations, entitled “Short-Term Exit Assistance Program” (“STEAP” or “Program”) as an emergency rulemaking to become effective immediately. In accordance with section 31 of the HSRA, these proposed rules are being transmitted to the Council of the District of Columbia. The Department also gives notice of its intent to take final rulemaking action to adopt these regulations in not less than thirty (30) days. The final rules may not become effective until the expiration of the forty-five (45) day Council review period or upon approval by Council resolution, whichever occurs first.
The purpose of the new chapter is to establish rules to administer the District of Columbia’s STEAP. The purpose of the STEAP is to provide a security deposit and a rental subsidy for up to twelve (12) months to support families who reside in District-funded shelters or transitional housing and who will have the financial means to pay their full rental costs independent of STEAP assistance within twelve (12) months to move to permanent housing.
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 by supporting the rapid return to permanent housing for certain families that have sought refuge in District-funded shelters or transitional housing. The emergency rules were adopted on February 10, 2010, and shall expire within one hundred twenty (120) days from its effective date or upon publication of a Notice of Final Rulemaking in the D.C. Register, whichever occurs first.
Add the following new Chapter 77 to Title 29 District of Columbia Municipal Regulations as follows:
CHAPTER 77- SHORT-TERM EXIT ASSISTANCE PROGRAM
7700 SCOPE
7700.1 The purpose of the Short Term Exit Assistance Program (“STEAP” or “Program”) is to provide a security deposit and a rental subsidy for up to twelve (12) months to support families who reside in District-funded shelters or transitional housing and who will have the financial means to pay their full rental costs independent of STEAP assistance within twelve (12) months to move to permanent housing.
7700.2 The provisions of this chapter provide the standards for the application process, eligibility criteria, security deposit and rental subsidy benefit, and appeal procedures for the Program.
7700.3 Nothing in this chapter shall be interpreted to mean that STEAP assistance is an entitlement. The Program shall be subject to annual appropriations and the availability of funds.
7700.4 The Department of Human Services (Department) may execute contracts, grants, and other agreements as necessary to carry out the Program.
7701 APPLICATION PROCESS
7701.1 Each application shall be in writing on a form prescribed by the Department and signed by the applicant under the penalty of perjury. If the applicant is married and living with a spouse, both spouses shall sign the application as an applicant unit (hereinafter “applicant”).
7701.2 An authorized representative may apply on behalf of the applicant, if the applicant provides a written and signed statement stating why the applicant cannot apply in person and the name and address of the person authorized to act on the applicant’s behalf.
7701.3 If requested by an applicant with a disability, or the authorized representative of an applicant with a disability, the Provider shall assist such applicant or authorized representative with any aspect of the application process necessary to ensure that the applicant with a disability has an equal opportunity to submit an application.
7701.4 The Department shall provide application forms and the Provider shall accept applications from each applicant who requests assistance.
7701.5 At the time of application, each applicant shall be provided with a clear, concise, written notice containing the applicant’s rights and responsibilities and the Provider’s responsibilities with respect to the Program. The Provider shall request that all applicants sign a document acknowledging receipt of this notice.
7701.6 As part of the application process, all applicants shall sign a release form authorizing the Provider to obtain or verify information necessary to process the application.
7701.7 Each applicant shall cooperate fully in establishing his or her eligibility, including the basis of the applicant’s homelessness and how the household reasonably expects to be able to sustain housing independent of the Program at the end of twelve (12) months. This shall include, but not be limited to, providing documentation or collateral proof of:
(a) Household composition;
(b) Employment status and employment history;
(c) Income and assets;
(d) Household expenses;
(e) Facts and circumstances surrounding homelessness, including rental and other relevant housing history;
(f) Financial and other assets available or obtainable in the short- and long-term to support housing stability;
(g) Facts and circumstances surrounding financial and other barriers to housing stability; and
(h) Facts and circumstances surrounding work, education, or training expected to contribute to the household’s ability to meet its housing costs by the end of the Program’s twelve (12) month timeframe.
7701.8 The Provider shall give to each applicant a written request specifying the information needed to complete the application and the Provider shall discuss with the applicant how to obtain the information. The application shall be considered complete when all required information is furnished.
7701.9 The Provider may use documents, telephone conversations, personal and collateral interviews, reports, correspondence, and conferences to verify applicant information.
7701.10 An application shall be considered abandoned if the applicant has not obtained and provided to the Provider all of the required information for eligibility determination within sixty (60) calendar days of the date of application.
7702 APPLICANT UNIT
7702.1 The applicant unit shall be composed of each individual who lives in the same household and whose needs, assets, and income are combined to determine eligibility.
7702.2 The applicant unit shall include:
(a) Persons related by full or half blood;
(b) Persons related by legal adoption;
(c) Persons related by marriage, including stepchildren and unmarried parents of a common child who live together; and
(d) Persons with legal responsibility for an unrelated minor child or an unrelated adult with a disability.
7702.3 The applicant unit may include any person not included by subsection 7702.2, regardless of blood relationship, age, or marriage, whose history and statements reasonably tend to demonstrate that they intend to remain together as a family unit.
7702.4 A person temporarily away from home due to employment, hospitalization, vacation, or a visit shall be considered to be living in the household. A minor child who is away at school is considered to be living in the household if he or she returns to the home on occasional weekends, holidays and during the summer vacations.
7703 ELIGIBILITY CRITERIA
7703.1 An applicant unit shall be eligible to receive STEAP assistance if the applicant unit is a family that:
(a) Is currently homeless, because the applicant unit:
(1) Lacks a fixed, regular residence that provides safe housing, and lacks the financial means to acquire such a residence immediately, including victims of domestic violence who cannot remain in their present housing for safety reasons; and
(2) Has a primary nighttime residence that is a supervised District of Columbia, Department of Human Services funded shelter or transitional housing facility designed to provide temporary living accommodations.
(b) Is a resident of the District of Columbia as defined by section 503 of the District of Columbia Public Assistance Act of 1982, effective April 6, 1982 (D.C. Law 4-101; D.C. Official Code § 4-205.03); and
(c) Demonstrates that there is a reasonable expectation that the applicant will have the financial capacity to pay the full rental amount at the end of the twelve (12) month Program. Failure to demonstrate that the household will be reasonably likely to sustain stable housing following STEAP assistance shall result in a denial of eligibility for STEAP benefits. Relevant factors for determining whether a household can reasonably be expected to have the financial means to continue to pay full rental costs following STEAP assistance includes:
(1) Current income;
(2) Expected future income;
(3) Rental history;
(4) Employment history;
(5) Employment potential based on job skills, certifications, or participation in a training or employment program;
(6) Identification by the District of Columbia Housing Authority (DCHA) as a household that is reasonably likely to receive DCHA subsidized housing within approximately twelve (12) months; or
(7) Other relevant factors.
7703.2 Those STEAP applicants that have received Emergency Rental Assistance Program (ERAP) or Homelessness Prevention and Rapid Re-Housing Program (HPRP) benefits within the last eighteen (18) months, whether applying for the same or a different financial benefit, shall be required to credibly demonstrate why the household believes it can meet the eligibility requirement set forth in section 7703.1(c) and not need additional assistance to retain housing after STEAP assistance ends.
7703.3 The Provider shall complete the eligibility determination in as short a time as possible but not later than ten (10) calendar days after the date of a completed application. The Provider shall not be responsible for delays caused by:
(a) The applicant’s failure to supply information to document facts stated in the completed application without which eligibility or benefits cannot be determined;
(b) The inability to contact the applicant;
(c) Evidence of misrepresentation in the application;
(d) Delay by a third party from whom the Provider has requested information and over whom the Provider has no control; or
(e) Any other delay in receipt of information or documentation necessary to complete the application over which the Provider has no control.
7703.4 The Provider shall create and maintain in the applicant’s or participant’s file clear and detailed documentation of the Program’s eligibility determination of each applicant, particularly as it relates to how the household expects to be able to pay the full rental amount after the STEAP rental subsidy ends.
7703.5 If an applicant is determined eligible for STEAP assistance, the Provider shall give to the applicant a Notice of Eligibility Determination and include in this notice:
(a) A clear statement of the eligibility determination;
(b) A clear and detailed statement that participation in the STEAP is not approved until an applicant who has been determined eligible has selected a STEAP approved housing unit, submitted an application for and been approved by the landlord for rental of the approved unit, and has signed the STEAP Notice of Rental Subsidy Terms and Conditions form;
(c) A clear statement that all STEAP participants shall participate in case management or risk termination of STEAP benefits; and
(d) A clear and complete statement of the client's right to appeal the eligibility determination through fair hearing and administrative review proceedings in accordance with section 7708, including the appropriate deadlines for instituting the appeal.
7703.6 If an applicant determined eligible does not choose a unit from the Program’s unit inventory and has not identified a unit that meets the rent reasonableness requirement within two (2) weeks of the date the applicant is provided the unit inventory list by the assigned Housing Retention Services (“HRS”) provider, the applicant shall remain eligible for the Program; however, the HRS provider shall return the application to the STEAP Provider, who will re-refer them to an HRS provider, if and when another HRS slot becomes available.
7703.7 If an applicant is determined ineligible for STEAP assistance, the Provider shall give to the applicant a notice of eligibility determination and include in this notice:
(a) A clear statement of the denial of eligibility;
(b) A clear statement of the factual basis for the denial;
(c) A reference to the statute, regulation, or policy pursuant to which denial was made; and
(d) A clear and complete statement of the client's right to appeal the denial through fair hearing and administrative review proceedings pursuant to section 7708, including the appropriate deadlines for instituting the appeal.
7703.8 An adult applicant shall be denied STEAP assistance if the household’s housing crisis is the result of his or her refusal without, “good cause”, to accept employment or training for employment.
7703.9 An applicant shall be considered to have refused employment or training if the applicant:
(a) Voluntarily quits employment or a bona fide training program within three (3) months prior to application; or
(b) Rejected an employment or a bona fide training program opportunity within the three (3) months prior to the application.
7703.10 “Good cause” reasons for voluntarily quitting a job or not participating in an employment training program include circumstances beyond the individual’s control, such as, but not limited to, the following, when the applicant can show, with reliable or credible information, that:
(a) Wages are below the minimum wage;
(b) The applicant is physically or mentally unable to perform the work or gain access to the worksite;
(c) Working conditions violate health, safety, or worker’s compensation regulations and present a substantial risk to health or safety;
(d) The employer discriminated against the applicant based on race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, familial status, family responsibilities, matriculation, political affiliation, genetic information, disability, source of income, status as a victim of an intrafamily offense, or place of residence or business in violation of the D.C. Human Rights Act of 1977, as amended, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code §§ 2-1401.01, et seq.);
(e) The requirements of the job would be contrary to his or her religious beliefs;
(f) A household emergency exists(including domestic violence);
(g) The resignation is recognized by the employer as retirement;
(h) Child care, which is necessary for the adult applicant to accept work or training, is not available; or
(i) The applicant could not maintain work or participate in a training program because the applicant must take care of a family member who is either ill or has a disability.
7704 SHORT-TERM EXIT ASSISTANCE – GENERAL REQUIREMENTS
7704.1 STEAP assistance shall be “need-based,” meaning that the assistance provided shall be the minimum amount as determined by the Provider needed to exit the STEAP applicant from shelter, provide short-term rental assistance, and prevent the STEAP participant from returning to homelessness in the near term.
7704.2 The Program shall not make benefit payments directly to the applicant household, but only to third parties, such as a landlord or management company.
7704.3 The Program shall not be obligated to provide a monetary amount for a requested service if a less costly alternative is available.
7704.4 An applicant household that has been determined eligible for STEAP assistance shall be referred to the next available HRS provider to select a unit that meets STEAP requirements. An applicant household must select an approved unit within two (2) weeks of receiving the STEAP housing inventory list from the HRS provider. If the eligible household does not select an approved unit within the two (2) week period, the unit selection process may be suspended and not resumed until the STEAP has available additional HRS slots. Once re-referred to an available HRS provider, the eligible household shall receive an additional two (2)-week time period to select an approved unit.
7704.5 Receipt of STEAP assistance is conditioned on the applicant household:
(a) Selecting a unit from the STEAP unit inventory list or identifying a unit that:
(1) Meets Rent Reasonableness, as determined by standards set by the United States Department of Housing and Urban Development (HUD), which defines Rent Reasonableness to mean 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; and
(2) Passes the STEAP housing inspection;
(b) Submitting a timely and complete application to the landlord for the selected and approved unit;
(c) Entering into a lease and complying with the terms of the lease;
(d) Signing the STEAP Notice of Rental Subsidy Terms and Conditions form;
(e) Timely payment of the STEAP participant’s share of the monthly rent, in accordance with subsection 7705.3 and the STEAP participant’s lease;
(f) Complying with the STEAP case management requirements in accordance with section 7706, including applying for all applicable public benefits and housing assistance for which the applicant is eligible, including applying for housing assistance from the District of Columbia Housing Authority.
7704.6 STEAP assistance shall be provided only for housing units located within the District of Columbia. Any unit constructed before 1978 in which a child under the age of six (6) will be residing must comply with the Lead-Based Paint Poisoning Prevention Act, 42 U.S.C. § 4822, and implementing regulation, 24 C.F.R. part 35, subparts A, B, M, and R.
7704.7 A STEAP provider may not approve or issue a STEAP benefit for a housing unit that is owned by the STEAP provider, its parent, subsidiary or an affiliated organization of the STEAP Provider.
7704.8 Only in the rare circumstance where payment is required by a vendor or a controlling government authority, including but not limited to a court or federal marshal, may the benefit payment be made in the form of cash. In all other cases, all STEAP assistance payments shall be in the form of non-cash direct vendor payments.
7704.9 STEAP benefits not utilized within sixty (60) days after approval may be forfeited absent a showing that the applicant or recipient has made reasonable efforts to use the assistance or good cause as to why the applicant or recipient could not expend the benefits.
7705 SHORT-TERM EXIT ASSISTANCE – SECURITY DEPOSIT AND RENTAL SUBSIDY
7705.1 STEAP assistance shall consist of a security deposit and up to twelve (12) months of rental subsidy.
7705.2 The Program shall pay up to one hundred percent (100%) of a security deposit. The maximum STEAP payment for a security deposit shall be the actual amount of the deposit, which may not exceed more than the cost of one (1) month’s unsubsidized rent and must meet HUD’s Rent Reasonableness standard, up to two thousand two hundred dollars ($2,200).
7705.3 Except as provided in subsection 7705.4, the Program shall provide the following rental subsidy for a STEAP approved housing unit in which a STEAP participant is in compliance with the requirements of subsection 7704.5, as applicable:
(a) Month one (1) – STEAP participant shall pay zero percent (0%) of the rent and STEAP shall pay one hundred percent (100%) of the rent.
(b) Month two (2) – STEAP participant shall pay twenty-five percent (25%) of the rent and STEAP shall pay seventy-five percent (75%) of the rent;
(c) Month three (3) – STEAP participant shall pay twenty-five percent (25%) of the rent and STEAP shall pay seventy-five percent (75%) of the rent;
(d) Month four (4) – STEAP participant shall pay twenty-five percent (25%) of the rent and STEAP shall pay seventy-five percent (75%) of the rent;
(e) Month five (5) – STEAP participant shall pay fifty percent (50%) of the rent and STEAP shall pay fifty percent (50%) of the rent;
(f) Month six (6) – STEAP participant shall pay fifty percent (50%) of the rent and STEAP shall pay fifty percent (50%) of the rent;
(g) Month seven (7) – STEAP participant shall pay fifty percent (50%) of the rent and STEAP shall pay fifty percent (50%) of the rent;
(h) Month eight (8) – STEAP participant shall pay fifty percent (50%) of the rent and STEAP shall pay fifty percent (50%) of the rent;
(i) Month nine (9) – STEAP participant shall pay seventy-five percent (75%) of the rent and STEAP shall pay twenty-five percent (25%) of the rent;
(j) Month ten (10) – STEAP participant shall pay seventy-five percent (75%) of the rent and STEAP shall pay twenty-five percent (25%) of the rent;
(k) Month eleven (11) – STEAP participant shall pay seventy-five percent (75%) of the rent and STEAP shall pay twenty-five percent (25%) of the rent;
(l) Month twelve (12) – STEAP participant shall pay seventy-five percent (75%) of the rent and STEAP shall pay twenty-five percent (25%) of the rent.
7705.4 The rental subsidy for a STEAP participating household that was determined eligible for STEAP pursuant to section 7703.1(c)(6) because it was identified by DCHA as reasonably likely to receive DCHA subsidized housing within approximately twelve (12) months shall be as follows:
(a) Month one (1) – STEAP participant shall pay zero percent (0%) of the rent and STEAP shall pay one hundred percent (100%) of the rent; and
(b) Months two (2) through twelve (12) – STEAP participant shall pay thirty percent (30%) of their adjusted annual income, determined in accordance with the Housing Choice Voucher Program (HCVP) regulations found at 14 DCMR § 6200. The STEAP shall pay the difference in the rental cost of the housing.
7705.5 An applicant that has been determined eligible for STEAP assistance; has selected a STEAP approved unit; has submitted an application for and been approved by the landlord for rental of the approved unit; has met all other requirements set forth in this chapter; and has agreed to the terms of the Program, shall be provided, subject to subsection 7700.3, a STEAP Notice of Rental Subsidy Terms and Conditions, which shall include:
(a) The address of the STEAP approved housing unit;
(b) The cost of the security deposit for the approved unit;
(c) The cost of the monthly rental amount for the approved unit;
(d) The percentage and the specific dollar amounts of the STEAP assistance for the security deposit and for each of the twelve (12) months;
(e) The percentage and the specific amounts of the STEAP participant’s required share of the security deposit and for each of the twelve (12) months;
(f) A clear statement that all STEAP participants shall participate in case management and that failure to participate in case management in accordance with section 7706 shall be grounds for termination of the STEAP subsidy, in accordance with section 7707;
(g) A clear statement that all STEAP participants shall timely pay their share of the rental costs as detailed on the Notice and that failure to pay or failure to timely pay their share of the rent shall be grounds for termination of the STEAP subsidy, in accordance with section 7707; and
(h) A clear and complete statement of the client's right to a reconsideration of the percentages and amounts for the security deposit or for any of the twelve (12) months, as set forth on the Notice, by the Department or the Department’s designee, if such reconsideration is requested within ten (10) calendar days of receipt of the Notice. A reconsideration determination shall be completed within five (5) business days of receipt by the designated reviewer of the household’s request for reconsideration. The five (5) business day timeframe may be tolled if the reviewer has requested documentation necessary to the review and receipt of such documentation is pending and not within the control of the reviewer.
7705.6 Except as provided in subsection 7705.7, a STEAP participating household whose STEAP rental subsidy is provided pursuant to subsection 7705.3 shall be required to report to their HRS case manager any change in the household’s monthly income as soon as the change occurs; however, such change, whether an increase or a decrease, shall not change or otherwise impact the share that the STEAP participating household or the Program shall be required to pay over the course of the twelve (12) month program pursuant to subsection 7705.3.
7705.7 A STEAP participating household whose STEAP rental subsidy is provided pursuant to section 7703.1(c)(6) shall be required to report to their HRS case manager, in writing, any change in the household’s monthly income as soon as the change occurs.
7705.8 Upon written notification by the household of a change in the household’s monthly income pursuant to subsection 7705.7, the HRS case manager shall determine if there is a need to recalculate the amount of the household’s housing cost contribution, based on the following:
(a) If the household is reporting a decrease in monthly income of fifty dollars ($50) or more, a recalculation shall be conducted. The recalculation shall be completed within five (5) business days of receipt of written notice by the household of the decrease in household income and any documentation necessary for the HRS provider’s recalculation.
(b) If the recalculation pursuant to paragraph (a) results in an increase in the amount of the STEAP rental subsidy, the change shall be effective the first day of the month (or the next day that rent is due) following completion of the calculation.
(c) If the household is reporting an increase in monthly income of one hundred dollars ($100) or more, a recalculation shall be conducted.
(d) If the recalculation pursuant to paragraph (c) results in a decrease in the amount of the STEAP rental subsidy, the change shall be effective the first of the month (or on the day that rent is next due if different than the first of the month) following the month in which notice of the change in accordance with subsection 7705.9 is provided to the household, except that if the next day rent is due is less than fifteen (15) calendar days from the date the notice is either hand delivered or postmarked, the change in the STEAP rental subsidy shall be effective the second month (or the second date upon which rent is due) following the month in which notice of the change made in accordance with subsection 7705.9 is provided to the household.
(e) Notice of a change in assistance pursuant to this section shall be made in accordance with subsection 7705.9.
7705.9 When the Provider calculates a change in the STEAP rental subsidy, pursuant to a reported change in income pursuant to subsection 7705.7, the Provider shall give to the participant household a Notice of Change in STEAP Rental Subsidy. This notice shall include:
(a) A clear statement of the factual basis for the change in rental assistance;
(b) A reference to the regulation or policy pursuant to which the change was made;
(c) A clear and detailed statement of the household’s current STEAP rental subsidy and the household’s current share of the rental costs;
(d) A clear and detailed computation of the new amount of the STEAP rental subsidy and the new amount of the household’s share of the rental costs;
(e) The effective date of the new amount of the STEAP rental subsidy in accordance with subsection 7705.8(b) or 7705.8(d), whichever is applicable; and
(f) A clear and complete statement of the client's right to a reconsideration of the recalculation by the Department or the Department’s designee, if such reconsideration is requested within ten (10) calendar days of receipt of the Notice. A reconsideration determination shall be completed with five (5) business days of receipt by the designated reviewer of the household’s request for reconsideration. The five (5) business day timeframe may be tolled if the reviewer has requested documentation necessary to the review and receipt of such documentation is pending and not within the control of the reviewer.
7705.10 Notice required by subsection 7705.9 shall be either hand-delivered to a member of the applicant household or mailed to the household by first class mail within twenty-four (24) hours of the Provider’s calculation of the change in the household’s rental assistance share. The date from which the timeliness of the notice is measured is either the date of hand-delivery or, if mailed, the date the notice is postmarked.
7705.11 At the end of the twelve (12) month STEAP rental subsidy, the household may continue to reside in the residence in accordance with the household’s lease as long as the family pays the full rent independent of STEAP.
7705.12 An applicant unit coming directly from a transitional housing program that requires an escrow account for purposes of obtaining permanent housing shall not be required to pay the security deposit or any month’s rent in excess of the provisions of this chapter from that account.
7705.13 A STEAP rental subsidy provided pursuant to section 7703.1(c)(6) shall end on the month prior to the month the DCHA subsidy begins, or after twelve (12) months, whichever is sooner, except that the Program may extend the STEAP rental subsidy after the twelve (12) month period upon confirmation from DCHA that the DCHA subsidy is expected within a reasonable amount of time.
7705.14 A STEAP rental subsidy provided other than pursuant to section 7703.1(c)(6) shall only be provided for the twelve (12) month period outlined in the STEAP Notice of Rental Subsidy Terms and Conditions, and the ending of the STEAP rental subsidy pursuant to this section shall not be considered a termination of STEAP assistance subject to the requirements of section 7707 or the fair hearing provisions of section 7708.
7705.15 A STEAP funded security deposit shall revert to the Program, except that:
(a) When a household continues to reside in the same unit that was previously subsidized by the STEAP after the expiration of the twelve (12) month STEAP timeframe, the household shall not be required to repay the security deposit or return the security deposit to the STEAP at any future time; and
(b) When a household transitions from STEAP to a DCHA subsidized housing unit prior to or at the end of the STEAP twelve (12) month timeframe, or following an extension of the twelve (12) month timeframe pursuant to subsection 7705.13, the household shall not be required to repay the security deposit, but shall use the STEAP funded security deposit, if available, for any necessary security deposit for the DCHA with the remainder accruing to the household.
7706 SHORT-TERM EXIT ASSISTANCE – CASE MANAGEMENT
7706.1 Each STEAP participating household shall agree to and shall participate in case management in accordance with this section and as further detailed in the Department’s approved STEAP Program Rules.
7706.2 All STEAP participating households shall develop a budget plan with the HRS Provider that shows how the family will meet their monthly rental obligation for each of the twelve (12) months of the Program.
7706.3 All STEAP participating households shall abide by their budget plan and work expeditiously toward economic self-sufficiency in order to maintain their permanent housing after STEAP assistance ends.
7706.4 The HRS Provider will assist with referrals to appropriate mainstream and community-based services that can support the family’s efforts to become economically self-sufficient.
7706.5 A STEAP participant without a high school diploma shall be required to enroll in a General Educational Development (GED) or external diploma program or a job skills program, when appropriate and necessary to achieve the household’s budget plan.
7706.6 All STEAP participants who receive Temporary Assistance for Needy Families (TANF) benefits must participate in the TANF vendor payment program for their rental amount.
7706.7 With the assistance of the HRS provider, all participants must obtain credit reports and credit scores. Participants shall work with their HRS provider to correct errors on the credit reports, to establish payment plans, where appropriate, and to update credit scores, among other activities.
7706.8 If not already registered at the D.C. Housing Authority (DCHA), upon entry into the STEAP, a STEAP participating household must apply at the DCHA for permanent housing. All participants must provide proof of the submission of their housing application to DCHA.
7707 TERMINATION OF SHORT-TERM EXIT ASSISTANCE
7707.1 A Provider may terminate payment of a STEAP security deposit or rental subsidy, if:
(a) The STEAP household:
(1) Fails to pay or fails to timely pay their share of the rental payment as they agreed to on the STEAP Notice of Rental Subsidy Terms and Conditions form;
(2) Fails to comply with the case management requirements set forth in section 7706;
(3) Possesses a weapon illegally in the unit subsidized by the STEAP;
(4) Possesses or sells illegal drugs in the unit subsidized by the STEAP;
(5) Assaults or batters any person in the unit subsidized by the STEAP;
(6) Endangers the safety of any member of the household or the safety of STEAP, HRS, or DHS staff;
(7) Intentionally or maliciously vandalizes or destroys the unit subsidized by the STEAP, or steals the property of any person in the STEAP;
(8) Fails to accept an offer of appropriate permanent housing or supportive housing that better serves the household’s needs after being offered two (2) appropriate permanent or supportive housing opportunities. For purposes of this subparagraph, two (2) appropriate permanent housing opportunities shall include two (2) offers of any kind of public housing offered through DCHA; or
(9) Knowingly engages in repeated violations of STEAP Program Rules; and
(b) In the case of terminations pursuant to subparagraphs (8) and (9) of paragraph (a) of this subsection, the Provider must have made reasonable efforts to help the client overcome obstacles to obtaining permanent housing.
7707.2 The Program shall give written and oral notice to a STEAP participating household of their termination from services at least thirty (30) days before the effective date of the termination.
7707.3 The Program’s written notice to a STEAP participating household of its termination shall include:
(a) A clear statement of the effective date of the termination;
(b) A clear and detailed statement of the factual basis for the termination, including the date or dates on which the basis or bases for the termination occurred;
(c) A reference to the statute, regulation, or Program Rule pursuant to which the termination is being implemented;
(d) A clear and complete statement of the client’s right to appeal the termination through a fair hearing and administrative review, including deadlines for instituting the appeal; and
(e) A statement of the client’s right to continuation of shelter or supportive housing services pending the outcome of any fair hearing requested within fifteen (15) days after receipt of written notice of a termination.
7707.4 Termination pursuant to this section refers to a termination of the Program security deposit or rental subsidy only and does not provide STEAP with any authority that interferes with a client’s tenancy rights under an agreement governed by Title 14 of the District of Columbia Municipal Regulations.
7707.5 For purposes of this section, the requirement set forth in section 22(1) of the Homeless Services Reform Act of 2005, effective October 22, 2005 (D.C. Law 16-35, D.C. Official Code § 4-754.36) (“HSRA”), which requires a provider to first consider suspending the client in accordance with section 21 of the HSRA (D.C. Official Code § 4-754.35) or to have made a reasonable effort, in light of the severity of the act or acts leading to the termination, to transfer the client in accordance with section 20 of the HSRA (D.C. Official Code § 4-754.34), shall be interpreted to mean that the provider shall have made a reasonable effort to provide the STEAP household with a transfer to another case manager as a means of assisting the household to meet their budget plan and comply with the STEAP approved Program Rules, prior to taking steps to terminate STEAP benefits, if appropriate under the circumstances and if there is reason to believe that the STEAP could have foreseen that such a transfer could have been of assistance to the household in complying with the STEAP requirements.
7708 FAIR HEARING AND ADMINISTRATIVE REVIEW
7708.1 An applicant or participating STEAP household shall have ninety (90) calendar days following the receipt of a notice described in subsections 7703.5, 7703.7, or 7707.3 to request a fair hearing, in accordance with the hearing provisions of section 26 of the Homeless Services Reform Act of 2005, effective October 22, 2005 (D.C. Law 16-35, D.C. Official Code § 4-754.41), for the action that is the subject of the notice.
7708.2 Upon receipt of a fair hearing request, the Department shall offer the appellant or his or her authorized representative an opportunity for an administrative review in accordance with section 27 of the Homeless Services Reform Act of 2005, effective October 22, 2005 (D.C. Law 16-35, D.C. Official Code § 4-754.42), except that if an eviction is imminent, the Department shall take all reasonable steps to provide an expedited administrative review to maximize resolution of the appeal in time to resolve the housing emergency and prevent the eviction.
7799 DEFINITIONS
The following terms shall have the meaning ascribed:
Authorized representative – an individual who is at least eighteen (18) years of age, who is acting responsibly on behalf of the applicant, and has sufficient knowledge of the circumstances of the applicant to provide or obtain necessary information about the applicant, or a person who has legal authorization to act on behalf of the applicant.
Department – the District of Columbia Department of Human Services or its designated agent.
Minor child – a child, including those by adoption, eighteen (18) years of age or younger.
Provider – an organization that receives Short-Term Exit Assistance funds and is authorized to administer and deliver Short-Term Exit Assistance benefits.
Rent reasonableness standard – Rent Reasonableness is defined by the United States Department of Housing and Urban Development to mean 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.
Rental payment – a regular payment made by a tenant to an owner or landlord for the right to occupy or use property.
Security deposit– a sum of money paid in advance that is required by the owner or landlord for leasing property as security against the tenant’s failure to fulfill the lease or security to cover damage to the rental premises.
Vendor – provider of a service or product, including but not limited to landlords.
Verification – documentation or collateral proof used to confirm the validity of an applicant’s circumstances.
All persons who desire to comment on these proposed rules should submit their comments in writing to Clarence H. Carter, Director, Department of Human Services, 64 New York Avenue, N.E., Washington, D.C. 20002, Attn: Mr. Fred Swan, Administrator, Family Services Administration. All comments must be received by the Department of Human Services no 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 (202) 671-4200.
