5919054 Housing Authority, DC - Notice of Proposed Rulemaking - To change the requirements that households report increases in household income between recertifications

THE DISTRICT OF COLUMBIA HOUSING AUTHORITY

 

NOTICE OF PROPOSED RULEMAKING

 

The Board of Commissioners of the District of Columbia Housing Authority (DCHA), pursuant to the District of Columbia Housing Authority Act of 1999, effective May 9, 2000 (D.C. Law 13-105; D.C. Official Code § 6-203 (2012 Repl.)), hereby gives notice of its intent to adopt the following proposed amendments to Chapter 53 (Recertifications, Housing Quality Standard Inspections, and Family Moves) of Title 14 (Housing) of the District of Columbia Municipal Regulations (DCMR), in not less than thirty (30) days from the date of publication of this notice in the D.C. Register. 

 

The purpose of the proposed amendments is to change the requirements that households report increases in household income between recertifications.

 

Chapter 53, RECERTIFICATIONS, HOUSING QUALITY STANDARD INSPECTIONS, AND FAMILY MOVES, of Title 14 DCMR, HOUSING, is amended as follows:

 

Section 5310, CHANGES IN FAMILY SHARE AND HOUSING ASSISTANCE PAYMENTS, is amended to read as follows:

 

5310                CHANGES IN FAMILY SHARE AND HOUSING ASSISTANCE PAYMENTS

 

5310.1             Changes in the Family’s TTP and the HAP payment shall be processed in accordance with the following:

 

(a)        The Family shall report within thirty (30) days any decreases in household income, any removal of a Family member, or other circumstances that may result in a change in the Family TTP;

 

(b)       If the Family reported in a timely manner:

 

(1)        If the reported change results in an increase of the Family’s share of rent, the effective date of increase shall be the first of the month following a thirty (30) days’ notice of increase to the Family and landlord; or

 

(2)        If the reported change results in a decrease of the Family’s share of rent, the effective date of the decrease shall be the first of the month after the change has been reported; or

 

 

(c)       If the Family failed to report the change in a timely manner:

 

(1)                      If the change results in an increase of the Family’s share of rent, the effective date shall be the first of the month following the change in Family income or composition; or

 

(2)                      If the change results in a decrease in the Family’s share of rent, then DCHA shall not apply the change retroactively and the effective date of the change shall the first of the month following the Family’s report of the change.

 

5310.2             DCHA shall notify the owner and the Family of any changes in the Family share and HAP by mailing a notice that includes the new amount and effective date of the change in payment.

 

Section 5315, CHANGES IN INCOME, is amended to read as follows:

 

5315             CHANGES IN INCOME

 

5315.1          Families shall not be required to report any increase in household income between scheduled interims or recertification. Any increase in income shall only be included in the determination of annual household income at the next scheduled recertification. 

 

5315.2          With the exception of zero-income households, if the Family adds a Family member with a source of income, DCHA shall only include the income, as applicable, in the determination of annual household income at the next scheduled recertification. 

 

5315.3          Any decreases in income shall be processed in accordance with § 5310.

 

5315.4          Pursuant to 24 C.F.R. § 5.615, if a Family reports a decrease in income from the loss of welfare benefits due to fraud or noncompliance with a welfare agency requirement to participate in an economic self-sufficiency program, that decrease in income shall not cause a change in the Family’s share of the rent.

 

 

Interested persons are encouraged to submit comments regarding this Proposed Rulemaking to DCHA’s Office of General Counsel.  Copies of this Proposed Rulemaking can be obtained at www.dcregs.gov, or by contacting Chelsea Johnson at the Office of the General Counsel, 1133 North Capitol Street, NE, Suite 210, Washington, DC 20002-7599 or via telephone at [phone]. All communications on this subject matter must refer to the above referenced title and must include the phrase “Comment to Proposed Rulemaking” in the subject line.  There are two methods of submitting Public Comments:

 

1. Submission of comments by mail:  Comments may be submitted by mail to the Office of the General Counsel, Attn: Chelsea Johnson, 1133 North Capitol Street, NE, Suite 210, Washington, DC 20002-7599.

 

2. Electronic Submission of comments: Comments may be submitted electronically by submitting comments to Chelsea Johnson at: [e-mail].

 

3. No facsimile will be accepted.

 

Comments Due Date:  April 25, 2016