5919151 Housing Authority, DC - Notice of Proposed Rulemaking - To change the requirements for when DCHA may approve housing assistance payment increases to Owners

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 83 (Rent and Housing Assistance Payments) 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 for when DCHA may approve housing assistance payment increases to Owners.

 

Chapter 83, RENT AND HOUSING ASSISTANCE PAYMENTS, of Title 14 DCMR, HOUSING, is amended as follows:

 

Section 8304, RENT INCREASES TO OWNER, is amended to read as follows:

 

8304                RENT INCREASES TO OWNER

 

8304.1             Written Request Required. Owners may request a rent increase no later than ninety (90) days prior to any Family reexamination month. The request must be in writing.

 

8304.2             Amount of Rent Adjustment Rent. The amount of the rent adjustment to the Owner may be adjusted either up or down. Subject to compliance with § 8304.1 above, the adjusted rent to an Owner who has submitted a written request shall be the LESSER of:

 

(a)     The current rent multiplied by the applicable annual adjustment factor published by HUD in effect sixty (60) days before the HAP anniversary date; or

 

(b)     The reasonable rent as most recently determined (or redetermined) by DCHA; or

 

(c)     The amount requested by the Owner.

 

8304.3             Prerequisites to a Rent Increase. The annual lease rent may not be increased unless:

 

(a)     The Owner has requested a specific increase amount at least ninety (90) days before the Family’s reexamination month; and

(b)     The request is made in writing on DCHA provided forms for each unit for which an increase is being requested; and

 

(c)     In the preceding year, the Owner has complied with all requirements of the HAP contract, including compliance with the Housing Quality Standards.

 

8304.4            Timing of any Increases to Rent. Housing Assistance Payment increases, if approved by DCHA, shall be effective as of the first day of the first month commencing on or after the Participant’s reexamination month.

 

8304.5             Exception. Notwithstanding § 8304.1 and §§ 8304.3(a) and (b), subject to the availability of funding, at DCHA’s discretion, DCHA may approve rent increases to Owners, to be effective within thirty (30) days of approval, without a prior written request from the Owner when contract rents are lower than the DCHA approved maximum rent in a submarket. However, DCHA shall only approve a rent increase to an Owner, without a prior written request from the Owner within ninety (90) days of the Family’s reexamination month, when:

 

(a)          The Family has occupied the unit for at least twelve (12) months;

 

(b)         The Owner does not have any current landlord-caused HQS inspection violations related to the unit;

 

(c)          The Owner did not have any HQS landlord-caused final fails related to the unit in the past twelve (12) months; and

 

(d)         The rent increase does not cause the Family to pay more than their current tenant portion of 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