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THE DISTRICT OF COLUMBIA HOUSING AUTHORITY
NOTICE OF PROPOSED RULEMAKING
The Board of Commissioners of the District of Columbia Housing Authority (DCHA) pursuant to D.C. Official Code § 6-203 (2007 Ed.), hereby gives notice of its intent to adopt amendments to 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 proposed regulations amend numerous provisions regarding the Achieving Your Best Life Rewards Property Program (AYBL).
The AYBL regulations were published as final in the D.C. Register on March 18, 2011, at 58 DCR 2460 and the proposed amendments were made in response to comments from the advocacy community. DCHA is amending Section 9804, “Grievance Rights,” Section 9808 “Occupancy Standard,” Section 9809 “Transfers”, Section 9811 “Move-in and Move-out Inspections”, Section 9812 “Rent Calculations”, Section 9816 “Late Payments”, Section 9817 “Contract of Participation”, Section 9821 “Default”, 9822 “Reasonable Accommodations”, and Section 9899 “Definitions.”
Chapter 98, PUBLIC HOUSING: ACHIEVING YOUR BEST LIFE REWARDS PROPERTY PROGRAM, of title 14, HOUSING, is amended as follows:
Section 9804 is amended by amending subsection 9804.1 to read as follows:
9804.1 Any grievance of any decision by DCHA with respect to application, eligibility, continued occupancy or terminations under this chapter is governed by 14 DCMR chapter 63, grievance provisions.
Section 9808 is amended by amending subsection 9808.2 to read as follows:
Section 9809 is amended by amending subsections 9809.16, 9809.17 and 9809.19 to read as follows:
9809.16 After service of the “Notice To 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 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, other than the Lessee, vacates the AYBL Rewards Property unit, thus leaving the original household, that household member cannot transfer to a conventional public housing unit independent of the Lessee.
9809.19 DCHA will pay for relocation costs for tenant initiated transfers based on a reasonable accommodation request made in accordance with the reasonable accommodation transfer regulations.
Section 9811 is amended by amending subsections 9811.1 and 9811.2 to read as follows:
9811.1 Prior to the move-in date, DCHA shall conduct a move-in inspection with the AYBL Family. At the end of the inspection, DCHA and the AYBL Family shall sign the unit inspection form certifying the condition of the unit, and the equipment provided with the unit. 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 permit DCHA to charge the tenant with an additional month’s rent and may result in forfeiture of all or part of the security deposit.
Section 9812 is amended by adding a new subsection 9812.4 to read as follows:
9812.4 An AYBL Family is not subject to an eviction proceeding for failure to pay utilities pursuant to this Section; however, failure to pay utilities is a violation of the Contract of Participation; as such, the AYBL Family is subject to termination from the AYBL program.
Section 9816 is amended in its entirety to read as follows:
9816.1 If the Savings Escrow, Maintenance Escrow or AYBL Tenant Rent payment is not received by the tenth of the month, an AYBL Non-Compliance Notice shall be issued. DCHA will assess a late charge for payments not received by 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. The Notice of Non-Compliance for failure to pay rent by the end of the month will also serve as the AYBL families second Notice of Non-compliance. If the AYBL family has not paid all amounts due by the tenth (10th) of the next month, DCHA will issue a third Notice of Non-Compliance for non-payment, which is a basis for termination from the AYBL program. Any charges still outstanding will be converted to rent due as defined in the Public Housing Dwelling Lease. After service of the third Notice of Non-Compliance the AYBL family may be terminated from the program. 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 of rent.
9816.3 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.
Section 9817 is amended by deleting subsection 9817.7 it is entirety and renumbering subsections 9817.8 through 9817.15 as subsections 9817.7 through 9817.14.
Subsection 9817.8 is amended to read as follows:
9817.8 The ITSP, in addition to identifying homeownership as the AYBL Family’s 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 in the HOAP; or
(b) Is under contract to purchase a home
Subsection 9817.13 is amended to read as follows:
9817.13 Termination of the Contract of Participation for reasons other than a breach of the Public Housing lease, in accordance with this section, 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.
Section 9821 is amended by amending subsection 9821.5 to read as follows:
9821.5 In the event the family is in default of their Contract of Participation, DCHA shall provide a written Notice of Non-Compliance. The AYBL family will have an opportunity to meet with DCHA staff, examine any documents, records and/or regulations that are the basis of the default and have the opportunity to cure or correct the default. The family must cure the default within six (6) months from the date of the Non-Compliance 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.
Subsection 9822 is amended by amending subsection 9822.1 to read as follows:
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 a disability, DCHA may consider the following factors, among others, as a reasonable accommodation to qualify for the program:
(a) source of income for the entire household; or
(b) minimum income requirements; or
(c) bedroom size requirements.
Section 9899 is amended by amending the definitions for “AYBL Families Eligible for HCVP/HOAP Participation” and “Eligible AYBL Family,” and adding “Subsidiary Ledger” to read as follows:
AYBL Families Eligible for HCVP/HOAP Participation - a household of one 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. The household shall provide proof of employment such that:
(A) One 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 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 Tenant 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.
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 9806 of this chapter.
Subsidiary Ledger - DCHA will maintain a Subsidiary Ledger which at a minimum will contain all ABYL participants and their respective escrow balances. A Subsidiary Ledger is a sub-set of DCHA’s General Ledger and contains supporting data for a General Ledger balance. The Subsidiary Ledger will be updated whenever there is a change to program participant data.
All persons desiring to comment on the subject matter of this rulemaking should file comments in writing, no later than thirty (30) days after the publication of this Notice in the D.C. Register. Comments should be filed with the Office of the General Counsel, DCHA, 1133 North Capitol Street, NE, Suite 210, Washington, DC 20002-7599; copies of these rules may be obtained from DCHA at that same address. Alternatively, copies of the rules can be requested from and comments can be sent to Hans Froelicher, General Counsel, Office of the General Counsel, District of Columbia Housing Authority, at Hfroelic@dchousing.org.
