5370131 Human Services, Department of - Notice of Fourth Emergency Rulemaking - Creating a new Chapter 78 in 29 DCMR which will establish the Family Re-housing and Stabilization Program (FRSP).
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DEPARTMENT OF HUMAN SERVICES
NOTICE OF FOURTH EMERGENCY RULEMAKING
The Acting Director of the Department of Human Services (Department), pursuant to the authority set forth in Sections 7(e) 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(e) and 4-756.02 (2012 Repl.)), and pursuant to 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 78 of Title 29 (Public Welfare) of the District of Columbia Municipal Regulations, entitled "Family Re-Housing and Stabilization Program" as an emergency rulemaking to become effective immediately.
The purpose of the new chapter is to establish rules to administer the District of Columbia's Family Re-Housing and Stabilization Program (FRSP). FRSP will provide District residents with financial assistance for purposes of helping them to become rehoused. FRSP is available for up to twelve (12) months and may include assistance with security deposits, move-in costs, time-limited rental subsidies, and utility cost, in accordance with the family's approved budget plan.
These rules were first published as emergency and proposed in the D. C. Register on July 27, 2012, at 59 DCR 8831 [EXPIRED]. Emergency rules were subsequently published on January 18, 2013, at 60 DCR 415 [EXPIRED]. A Second Notice of Emergency Rulemaking was published on May 31, 2013, at 60 DCR 7631 [EXPIRED]. The Department then published the Notice of Second Emergency and Proposed Rulemaking on June 27, 2014, at 61 DCR 6562 [EXPIRED]. In accordance with Section 31 of the HSRA, the Department submitted the proposed rules to the Council of the District of Columbia (Council) for review. The Council’s forty-five (45)-day review period expired on October 31, 2014, and they were deemed approved at that time. See PR 20-898. The Department most recently published the Notice of Third Emergency Rulemaking on November 14, 2014, at 61 DCR 11889. The emergency rules expired on January 30, 2015; thereby, necessitating these emergency rules.
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) (2012 Repl.)), is necessary so as to allow the Department to continue to operate the FRSP Program as the agency continues to review the comments it received in response to previous proposed rulemakings, and to finalize the proposed rules. Therefore, taking emergency action under these circumstances will promote the immediate preservation of the health, safety, and welfare of homeless District residents by permitting the Department to continue to support their rapid return to permanent housing. These emergency rules are substantively identical to the emergency rules published on November 14, 2014 at 61 DCR 11889.
The emergency rules were adopted on February 12, 2015, and went into effect at that time. The emergency rules shall expire on June 12, 2015, one hundred twenty (120) days from the effective date of these emergency rules, or upon publication of a Notice of Final Rulemaking in the D.C. Register, whichever occurs first.
Add the following new Chapter 78, FAMILY RE-HOUSING AND STABILIZATION PROGRAM, to Title 29 DCMR, PUBLIC WELFARE, to read as follows:
CHAPTER 78 FAMILY RE-HOUSING AND STABILIZATION PROGRAM
7800 SCOPE
7800.1 The purpose of the Family Re-Housing and Stabilization Program (“FRSP” or “Program”) is to provide assistance to rapidly re-house families who are homeless and have the capacity to quickly achieve stable housing independent of FRSP assistance.
7800.2 The provisions of this chapter shall provide the application process, eligibility criteria, assistance determination, and appeal procedures for the Program.
7800.3 Nothing in these rules shall be interpreted to mean that FRSP assistance is an entitlement. This Program shall be subject to annual appropriations and the availability of funds.
7800.4 The Department of Human Services (Department) may execute contracts, grants, and other agreements as necessary to carry out the Program.
7801 APPLICATION PROCESS
7801.1 Each FRSP application shall be in writing on a form prescribed by the Department and signed by the applicant, under the penalty of perjury. An authorized representative may apply on behalf of the applicant, if the applicant provides a written and signed statement stating why he or she cannot apply in person and the name and address of the person authorized to act on his or her behalf. If the applicant is married or in a domestic partnership and living with his or her spouse or domestic partner, both persons shall sign the application.
7801.2 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.
7801.3 The Department shall provide application forms, and the Provider shall accept applications from each applicant who requests assistance.
7801.4 At the time of application, each applicant shall be provided with a clear, concise, written notice about the program, and shall be required, personally or through an authorized representative, to sign a document acknowledging receipt of this notice. This notice shall contain a description of the program, the Provider’s responsibilities, the applicant’s rights and responsibilities, and the program requirements, including that receipt of FRSP assistance is conditioned upon:
(a) Selecting an FRSP-approved housing unit in a timely manner;
(b) Completing the steps necessary to lease and move into an FRSP-approved housing unit within thirty (30) days of the date of the Notice of Eligibility, absent a good cause reason for the delay. For purposes of this section, “good cause” shall include delays caused by actions or inactions of persons outside of the applicant’s control; and
(3) Signing the FRSP Notice of Rental Subsidy Terms and Conditions form and FRSP Program Rules.
7801.5 As part of the application process, all applicants, personally or through an authorized representative, shall sign a release form authorizing the Provider to obtain or verify information necessary for processing the application.
7801.6 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 FRSP assistance period. 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 experience, education, or training that can contribute to the household’s ability to meet its housing costs by the end of the Program period.
7801.7 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 to the Provider. A documentation requirement may be waived provided the applicant signs a declaration containing the necessary information.
7801.8 The Provider may use, among other things, documents, telephone conversations, personal and collateral interviews, reports, correspondence, and conferences to verify applicant information.
7801.9 An application may be considered abandoned if the applicant has not obtained and provided to the Provider the required information for eligibility determination within thirty (30) calendar days of the date of application.
7802 APPLICANT UNIT
7802.1 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.
7802.2 The applicant unit shall include:
(a) Persons related by full or half blood;
(b) Persons related by legal adoption;
(c) Persons related by marriage or domestic partnership, including stepchildren and unmarried parents of a common child who live together; and
(d) Persons with a legal responsibility for an unrelated minor child or an unrelated adult with a disability.
7802.3 The applicant unit may include any person not included by § 7802.2, regardless of blood relationship, age, or marriage, whose history and statements reasonably tend to demonstrate that the individuals intend to remain together as a family unit.
7802.4 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, school breaks, or during summer vacations.
7803 ELIGIBILITY CRITERIA
7803.1 An applicant shall be eligible to receive FRSP assistance if the applicant unit is a family, as defined in § 7899, that:
(a) Is currently homeless, because the applicant:
(1) Lacks a fixed, regular residence that provides safe housing, and lacks the financial means to acquire such a residence immediately, including any individual or family who is fleeing, or is attempting to flee, domestic violence and who has no other residence and lacks the resources and support networks to obtain safe housing; or
(2) Has a primary nighttime residence that is:
(A) A supervised publicly or privately operated shelter or transitional housing facility designed to provide temporary living accommodations; or
(B) A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings; and
(3) Has no other housing options identified;
(b) Is a resident of the District of Columbia as defined by Section 2 of the HSRA (D.C. Law 16-35; D.C. Official Code § 4-751.01(32)); 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 FRSP assistance period. Failure to demonstrate that the household will be reasonably likely to sustain stable housing following FRSP assistance may result in a denial of eligibility. Relevant factors for determining whether a household can reasonably be expected to have the financial means to pay the full rental costs following FRSP assistance include, but are not limited to:
(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) Previous receipt of emergency rental assistance, including Emergency Rental Assistance Program or Homelessness Prevention and Rapid Re-Housing Program assistance within the last eighteen (18) months, whether applying for the same or a different financial assistance;
(7) Assessment on a uniform tool as selected by the Department, such as the Service Prioritization Decision Assistance Tool, that identifies Rapid Re-Housing as the appropriate housing assistance option given the acuity of needs; or
(8) Identification by the District of Columbia Housing Authority (DCHA) or other subsidized housing provider, as a household that is reasonably likely to receive DCHA or other subsidized housing within approximately twelve (12) months.
7803.2 Eligible applicants or recipients that are subject to sanction or are currently sanctioned under the Temporary Assistance for Needy Families (TANF) program shall be considered to have failed to demonstrate that the household will be reasonably able to sustain stable housing following the FRSP assistance period, unless the applicant or recipient can demonstrate that they are actively working to have the sanction lifted, or have or will have the financial means and/or resources necessary for sustaining housing independent of receipt of TANF benefits.
7803.3 A FRSP applicant or participant determined eligible under this section shall be subject to a re-determination of eligibility at least once every four (4) months, and may apply for an additional period of assistance, subject to the limitations set forth in Subsection 7805.7.
7803.4 Factors to be considered as part of the re-determination of eligibility shall include whether the recipient:
(a) Has timely paid their share of the housing costs during the previous subsidy period;
(b) Has fully complied with their TANF Individual Responsibility Plan, or other applicable plan; and
(c) Has the ability to pay an increasing share of the housing costs as part of receiving additional rental assistance.
7803.5 A household unable to meet one (1) or more of the requirements in § 7803.4 at the re-determination of eligibility shall be considered to have failed to demonstrate that the household will be reasonably able to sustain stable housing following the FRSP period, unless the applicant or recipient can demonstrate that they are actively working to correct the deficiency, or have or will have the financial means and/or resources necessary for sustaining housing independent of receipt of TANF benefits.
7803.6 The Provider shall complete the eligibility determination or re-determination in as short a time as possible, but not later than ten (10) calendar days after receipt of a completed application or completed re-determination of eligibility request form. 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 or re-determination of eligibility request form without which eligibility and type or amount of assistance 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 or re-determination of eligibility request over which the Provider has no control.
7803.7 The Provider shall create and maintain in the applicant’s or participant’s file clear and detailed documentation of the Program’s eligibility and re-eligibility determinations, particularly as it relates to how the household expects to be able to pay the full rental amount after the FRSP assistance period ends and, for re-determination of eligibility, the factors required to be considered in § 7803.4.
7803.8 If an applicant is determined eligible for FRSP assistance pursuant to § 7803.1, the Provider shall give to the applicant, personally or through an authorized representative, a Notice of Eligibility Determination which shall include:
(a) A clear statement of the eligibility determination;
(b) A clear and detailed statement that receipt of FRSP assistance is conditioned upon selecting an FRSP-approved housing unit and completing steps to lease-up and move into the unit within thirty (30) days of the date of the Notice of Eligibility Determination, absent good cause. For purposes of this section, “good cause” shall include delays caused by actions or inactions of persons outside of the applicant’s control;
(c) A clear statement that all FRSP participants shall actively and satisfactorily participate in case management or risk termination of FRSP assistance; 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 § 7808, including the appropriate deadlines for instituting the appeal.
7803.9 If an applicant is re-determined eligible for FRSP assistance pursuant to § 7803.3, the Provider shall give to the recipient, personally or through an authorized representative, a Notice of Re-Determination of Eligibility which shall include:
(a) A clear statement of the re-determination of eligibility;
(b) A clear statement that all FRSP participants shall actively and satisfactorily participate in case management or risk termination of FRSP assistance; and
(c) A clear and complete statement of the client's right to appeal the re- determination of eligibility through fair hearing and administrative review proceedings in accordance with § 7808, including the appropriate deadlines for instituting the appeal.
7803.10 If an applicant is determined ineligible for an initial application for FRSP assistance, the Provider shall give to the applicant, personally or through an authorized representative, a Notice of Denial of Eligibility which shall include:
(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 the 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 § 7808, including the appropriate deadlines for instituting the appeal.
7803.11 If a recipient is determined ineligible for an additional period of FRSP assistance, the Provider shall give to the recipient, personally or through an authorized representative, a Notice of Denial of Re-Determination of Eligibility which shall include:
(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 the 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 § 7808, including the right to continuation of FRSP assistance pending the outcome of a fair hearing requested within fifteen (15) days of receipt of the written Notice of Denial of Re-Determination of Eligibility, and the appropriate deadlines for instituting the appeal.
7803.12 A denial of re-determination of eligibility under this section shall not be considered a termination of FRSP assistance under § 7807.
7803.13 An adult applicant shall be denied FRSP 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.
7803.14 An applicant shall be considered to have refused employment or training if the applicant has:
(a) Voluntarily quit 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.
7803.15 “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 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 intra-family offense, or place of residence or business in violation of the D.C. Human Rights Act of 1978, effective December 13, 1978 (D.C. Law 2-38; D.C. Official Code §§ 2-1401.01 et seq. (2012 Repl.)), as amended;
(e) The requirements of the job would be contrary to his or her religious beliefs;
(f) The resignation is recognized by the employer as retirement;
(g) Child care, which is necessary for the adult applicant to accept work or training, is not reasonably available; or
(h) The applicant could not maintain work or participate in a training program because of mitigating circumstances related to a disability, illness, incapacity or emergency of the applicant or a member of the household, including domestic violence.
7804 PRIORITY DETERMINATION
7804.1 Families residing in a Department-funded family hypothermia shelter, temporary shelter, or transitional housing program or determined to be a Priority One for shelter or supportive housing pursuant to 29 DCMR § 2508.1(a)(1), shall receive the first priority for the FRSP.
7804.2 Families residing in a non-Department funded family shelter or housing program within the Continuum of Care shall receive the second priority.
7804.3 Within each priority group, additional priority determinations may be made based on the following:
(a) The family’s prospective ability to have the financial capacity to pay the full rental amount at the end of the FRSP assistance period, as demonstrated by income, documented work experience, or other relevant factors;
(b) The length of time the family has resided in such programs since the most recent placement;
(c) The need to provide a reasonable modification based on a disability; and
(d) Other relevant factors.
7805 RE-HOUSING AND STABILIZATION ASSISTANCE
7805.1 FRSP rental assistance is solely for the purpose of assisting eligible households to quickly achieve housing stability by assisting them to obtain a new rental unit.
7805.2 FRSP assistance shall be “needs-based,” meaning that the assistance provided shall be the minimum amount, as determined by the Provider, needed to re-house the FRSP applicant or participant and prevent them from returning to homelessness in the future.
7805.3 The Program shall not be obligated to provide a monetary amount for a requested service if a less costly alternative is available.
7805.4 FRSP assistance may consist of a security deposit, move-in assistance, time-limited rental subsidy, and utility assistance, in accordance with the family’s approved budget plan.
7805.5 The maximum FRSP payment for a security deposit may be limited to the actual amount of the deposit, not to exceed the cost of one (1) month’s unsubsidized rent up to two thousand two hundred dollars ($2,200).
7805.6 The initial rental assistance shall not exceed the equivalent of rental costs accrued over a period of four (4) months.
7805.7 The total assistance period shall not exceed twelve (12) months except where the Department or the Department’s designee determines that the recipient household’s need for additional assistance is caused by extraordinary circumstances.
7805.8 During the initial four (4) month period of rental assistance, each household shall contribute forty percent (40%) of their monthly adjusted annual income toward housing costs, determined in accordance with the District of Columbia Housing Choice Voucher Program (HCVP) regulations found at 14 DCMR § 6200 (household contribution). For this period, FRSP rental assistance shall be the difference between the cost of housing and the household contribution. For purposes of this section, the cost of housing shall include the cost of utilities, as determined in accordance with the HCVP regulations found at 14 DCMR § 6200.
7805.9 Receipt of FRSP assistance may be conditioned on the applicant household:
(a) Selecting an FRSP-approved housing unit in a timely manner and completing steps necessary to lease and move into the selected unit within thirty (30) days of the date of the Notice of Eligibility Determination, absent a good cause reason for the delay. For purposes of this section, “good cause” shall include delays caused by actions or inactions of persons outside of the applicant’s control;
(b) Signing the FRSP Notice of Rental Subsidy Terms and Conditions form and FRSP Program Rules;
(c) Timely payment of the FRSP participant’s share of the monthly rent;
(d) Complying with the FRSP case management requirements set out in the Department-approved program rules, and as applicable, in accordance with the family’s TANF Individual Responsibility Plan; and
(e) Applying for all applicable public benefits and housing assistance for which the applicant is eligible, including applying for housing assistance from DCHA, if applicable.
7805.10 As part of demonstrating that the household will reasonably be able to sustain stable housing following FRSP assistance, a household requesting additional assistance pursuant to § 7803.3 shall, absent good cause, demonstrate that the recipient:
(a) Has timely paid their share of the housing costs during the previous subsidy period;
(b) Has fully complied with their TANF Individual Responsibility Plan or other applicable plan; and
(c) Has the ability to pay an increasing share of the housing costs during the subsequent subsidy period.
7805.11 Households receiving rental assistance shall be required to report to the Provider written notice of any change in the household’s monthly income as soon as possible but no later than ten (10) days after the change occurs.
7805.12 Upon written notification from the household of a change in the household’s monthly income, the FRSP Provider 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 reports a decrease in monthly income of fifty dollars ($50) or more, the Provider shall recalculate the household’s contribution. Conversely, a household reporting a decrease in monthly income of less than fifty dollars ($50) may request that a recalculation be conducted;
(b) If the recalculation pursuant to paragraph (a) results in an increase in the amount of FRSP rental assistance, the change shall be effective the first day of the month or the next day that rent is due if different from the first of the month, whichever is first, following completion of the calculation. The recalculation shall be completed within five (5) business days of receipt of written notice from the household of the decrease in household income and any documentation necessary for the Provider’s recalculation;
(c) If the household is reporting an increase in monthly income of one hundred dollars ($100) or more, a Provider shall conduct a recalculation;
(d) If the recalculation pursuant to paragraph (c) results in a decrease in the amount of FRSP rental assistance, 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, whichever is first following the month in which notice of the change in accordance with § 7805.13 is provided to the household. Conversely, 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 FRSP rental assistance shall be effective the second month (or the second date upon which rent is due) following the month in which notice of the change in accordance with § 7805.13 is provided to the household; and
(e) Notice of a change in assistance pursuant to this section shall be made in accordance with § 7805.13.
7805.13 When a Provider calculates a change in FRSP rental assistance pursuant to a re-determination of eligibility pursuant to § 7803.3 or as a result of a reported change in income pursuant to § 7805.11, the Provider shall give to the participant household a Notice of Change in FRSP Rental Assistance. This notice shall include:
(a) A clear statement of the factual basis for the change in rental assistance;
(b) A reference to the statute, regulation, or policy pursuant to which the change was made;
(c) A clear and detailed statement of the household’s current FRSP rental assistance and the household’s current share of the housing costs;
(d) A clear and detailed computation of the new amount of FRSP rental assistance and the new amount of the household’s share of the housing costs;
(e) The effective date of the new amount of rental assistance in accordance with § 7805.12(b) or § 7805.12(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 five (5) business days of receipt of the Notice of Change in FRSP Rental Assistance; and
7805.14 A request for reconsideration pursuant to § 7805.13(f) shall be completed within five (5) business days of receipt by the designated reviewer of the household’s request for a 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.
7805.15 Notice required by § 7805.13 shall be either hand-delivered to an adult 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.
7805.16 Only in the rare circumstance where required by a vendor or a controlling government authority, including but not limited to a court or federal marshal, may the assistance payment be made in the form of cash. In all other cases, all FRSP assistance payments shall be in the form of non-cash direct vendor payments.
7805.17 FRSP assistance not utilized within thirty (30) days of approval shall be considered abandoned, 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 assistance.
7806 UNIT SELECTION
7806.1 Participation in the FRSP is conditioned upon selecting a unit that passes the FRSP required housing inspection and meets the Rent Reasonableness Standard, except that the Department or the Department’s designee may authorize selection of a housing unit that exceeds the maximum allowable rent for purposes of ensuring the program is readily accessible to and usable by large families and individuals with disabilities.
7806.2 A FRSP eligible applicant shall be required to make a good faith effort to identify and secure a housing unit that meets their needs and meets the FRSP Rent Reasonableness and inspection requirements in a timely manner.
7806.3 If the applicant is unable to secure a housing unit in a timely manner, despite good faith efforts, the applicant shall be offered at least one (1) unit from the available housing inventory to the extent that units are available in the housing inventory.
7806.4 To facilitate timely unit selection and entry into the FRSP, the eligible applicant shall:
(a) Identify a unit that meets the Rent Reasonableness Standard and passes the FRSP required housing inspection or accepts a unit from the FRSP unit inventory list.
(b) Make a reasonable effort to meet with the Program’s representative in a timely manner in order to complete the unit selection and leasing process. For purposes of this paragraph, refusing to meet with the Provider’s representative two (2) times without good cause shall constitute the applicant’s failure to make a reasonable effort to meet with the Program’s representative in a timely manner for purpose of completing the unit selection and leasing process.
7806.5 Failure to accept a unit after having been offered or having identified two (2) units that were available and met the applicant’s stated needs and preferences, may be a basis for termination from the Program pursuant to § 7807.1(f) and Section 22(2)(F) of the HSRA (D.C. Law 16-35; D.C. Official Code § 4-754.36(a)(2)(F)).
7806.6 FRSP assistance shall be provided only for housing units located within the District of Columbia, unless otherwise approved by the Department or the Department’s designee. Any unit constructed before 1978 in which a child under the age of six (6) will be residing must comply with Section 302 of the Lead-Based Paint Poisoning Prevention Act, effective November 9, 1973 (Pub. L. 91-695; 42 U.S.C. § 4822), as amended, and implementing regulations at 24 C.F.R. part 35, subparts A, B, M, and R.
7806.7 A FRSP Provider may not approve or issue FRSP assistance for a housing unit that is owned by the FRSP Provider, its parent, subsidiary, or an affiliated organization of the FRSP Provider.
7807 TERMINATION OF FAMILY RE-HOUSING AND STABILIZATION ASSISTANCE
7807.1 A Provider may terminate payment of a FRSP security deposit or rental subsidy, if a member of the household:
(a) Possesses a weapon illegally on the premises of the property subsidized by the FRSP;
(b) Possesses or sells illegal drugs on the premises of the property subsidized by the FRSP;
(c) Assaults or batters any person on the premises of the property subsidized by the FRSP;
(d) Endangers the safety of oneself or the safety of others on the premises of the property subsidized by the FRSP;
(e) Intentionally or maliciously vandalizes or destroys or steals the property of any person on the premises of the property subsidized by the FRSP;
(f) 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 in accordance with Section 22(2)(F) of the HSRA (D.C. Law 16-35; D.C. Official Code § 4-754.36(a)(2)(F)); or
(g) Knowingly engages in repeated violations of the FRSP program rules.
7807.2 For purposes of § 7807.1(f), two (2) offers of appropriate permanent or supportive housing shall include being offered or having identified two (2) units that are available and meet the requirements of the FRSP, or any other supportive or permanent housing program for which the client has been determined eligible, including but not limited to the Local Rent Supplement Program, Housing Choice Voucher Program (HCVP), or public housing.
7807.3 In the case of terminations pursuant to § 7807.1(f) or (g), the Provider must have made reasonable efforts to help the client overcome obstacles to obtaining or maintaining permanent housing.
7807.4 The Provider shall give written and oral notice to a FRSP participating household of their termination from services pursuant to this section at least thirty (30) days before the effective date of the termination.
7807.5 If a recipient is terminated from FRSP services, the Provider shall give to the recipient, personally or through an authorized representative, a Notice of Termination, which 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(s) 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 FRSP services pending the outcome of any fair hearing requested within fifteen (15) days of receipt of written notice of a termination.
7807.6 Termination pursuant to this section refers to a termination of the Program security deposit, rental subsidy, or case management services only and does not provide FRSP with any authority to interfere with a client’s tenancy rights under the lease agreement as governed by Title 14 of the District of Columbia Municipal Regulations.
7807.7 For purposes of this section, the requirement set forth in Section 22 of the HSRA (D.C. Law 16-35; D.C. Official Code § 4-754.36), which requires a Provider to first consider suspending the client in accordance with Section 21 of the HSRA (D.C. Law 16-35; 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. Law 16-35; D.C. Official Code § 4-754.34), shall be interpreted to mean that the Provider shall have made a reasonable effort to provide the FRSP household with a transfer to another case manager, as a means of assisting the household to meet their budget plan and comply with the FRSP approved program rules, prior to taking steps to terminate FRSP assistance, if appropriate under the circumstances, and if there is reason to believe that the Provider could have foreseen that such a transfer could have been of assistance to the household in complying with the FRSP requirements.
7808 FAIR HEARING AND ADMINISTRATIVE REVIEW
7808.1 An applicant or participating FRSP household shall have ninety (90) calendar days following the receipt of a notice described in §§ 7803.8, 7803.9, 7803.10, 7803.11 or 7807.5 to request a fair hearing, in accordance with the hearing provisions of Section 26 of the HSRA (D.C. Law 16-35; D.C. Official Code § 4-754.41 (2012 Repl.)), for the action that is the subject of the notice.
7808.2 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 HSRA (D.C. Law 16-35; D.C. Official Code § 4-754.42 (2012 Repl.)), 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.
7808.3 In accordance with Section 9(18) of the HSRA (D.C. Law 16-35; D.C. Official Code § 4-754.11(18) (2012 Repl.)), any recipient who requests a fair hearing within fifteen (15) days of receipt of written notice of a termination pursuant to § 7807 shall have the right to continuation of FRSP services pending a final decision from the fair hearing proceedings.
7899 DEFINITIONS
7899.1 The terms and definitions in 29 DCMR § 2599 are incorporated by reference in this chapter.
7899.2 For the purposes of this chapter, the following additional terms shall have the meanings 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 applicant’s circumstances to provide or obtain necessary information about the applicant, or a person who has legal authorization to act on behalf of the applicant.
Housing stability – the ability to pay housing costs, including rent and utilities, necessary to retain housing without FRSP assistance.
Individual Responsibility Plan – the self-sufficiency plan that the FSRP participant has entered into with the shelter, housing, Temporary Assistance for Needy Families, or other service provider that sets out the steps and goals necessary for the participant to achieve greater housing and economic self-sufficiency.
Minor – a child, including those by adoption, eighteen (18) years of age or younger.
Provider – an organization that receives Family Re-Housing and Stabilization Program funds and is authorized to administer and deliver Family Re-Housing and Stabilization Program services.
Rapid Re-Housing – is a supportive housing program that provides a homeless individual or family with financial assistance as a bridge to permanent housing, by providing some or all of a security deposit, first month’s rent, short-term rental subsidy, and supportive services in order to help the recipient become self-sufficient.
Rent Reasonableness Standard – Rent reasonableness, as 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 – a provider of a service or product, including but not limited to landlords.
