4282276 Establishing criteria by which families will be determined eligible and prioritized for referral to the DCHA for consideration for inclusion in LRSP Voucher Program as authorized by Title V, Subtitle K of the Fiscal Year 2013 Budget Support ...
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DEPARTMENT OF HUMAN SERVICES
NOTICE OF EMERGENCY RULEMAKING
The Director of the Department of Human Services (Department), pursuant to the authority set forth in Section 31 of the Homeless Services Reform Act of 2005 (HSRA), effective October 22, 2005 (D.C. Law 16-35, D.C. Official Code § 4-756.02 (2008 Repl.)), and Mayor’s Order 2006-20, dated February 13, 2006, hereby gives notice of the adoption of the following emergency rules. The emergency rules amend Chapter 25, Shelter and Supportive Housing for Individuals and Families, of Title 29 of the District of Columbia Municipal Regulations (DCMR).
The purpose of these emergency rules is to establish criteria by which families will be determined eligible and prioritized for referral to the District of Columbia Housing Authority (DCHA) for consideration for inclusion in the tenant-based Local Rent Supplement Vouchers Program as authorized by Title V, Subtitle K of the Fiscal Year 2013 Budget Support Act of 2012, effective September 20, 2012 (D.C. Law 19-168; D.C. Official Code § 4-753.04).
A Notice of Emergency and Proposed Rulemaking was published in the D.C. Register on November 9, 2012, at 59 DCR 12898. The emergency rules expired January 8, 2013. The Department published a second Notice of Emergency and Proposed Rulemaking in the D.C. Register on February 1, 2013, at 60 DCR 1236. These emergency rules expired April 8, 2013.
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 for immediate preservation of the health, safety and welfare of District of Columbia residents who are homeless. The emergency and proposed rules that were published on February 1, 2013, are undergoing their mandated forty-five (45)-day Council Review Period. The emergency rules, however, expire before the Council Review Period ends. These emergency rules are necessary so that eligible homeless families can continue to be referred to the Department of Columbia Housing Authority’s (DCHA) Local Rent Supplement Vouchers Program (LRSP) during the pending Council review.
These emergency rules are the same as those that were published on February 1, 2013. No substantive changes have been made since publication.
The emergency rules were adopted on April 5, 2013, and shall remain in effect for one hundred twenty (120) days after adoption; expiring on August 2, 2013, or upon publication of a Notice of Final Rulemaking in the D.C. Register, whichever occurs first.
Chapter 25, SHELTER AND SUPPORTIVE HOUSING FOR INDIVIDUALS AND FAMILIES, of Title 29, PUBLIC WELFARE, of the DCMR is amended by adding new Sections 2556 through 2558 to read as follows:
2556 Special Eligibility Criteria for Referral to the Local Rent Supplement Program – PURPOSE AND SCOPE
2556.1 The purpose of §§ 2556 - 2558 is to establish the special eligibility criteria by which families will be determined eligible and prioritized for referral to the District of Columbia Housing Authority (DCHA) for consideration for inclusion in the tenant-based Local Rent Supplement Vouchers Program as authorized and funded by Title V, Subtitle K of the Fiscal Year 2013 Budget Support Act of 2012, effective September 20, 2012 (D.C. Law 19-168; D.C. Official Code § 4-753.04) (hereinafter “LRSP vouchers”).
2556.2 Sections 2556 through 2558 govern only the initial eligibility, prioritization, and referral of families to the DCHA for the LRSP vouchers and no other provisions of this chapter shall apply to the families once referred, unless otherwise and explicitly provided in §§ 2556 - 2558.
2556.3 The DCHA shall make the final determination of a family’s eligibility for a LRSP voucher. Families referred to the DCHA for the LRSP vouchers are subject to all applicable eligibility and other requirements of the applicable Local Rent Supplement Program, as promulgated and administered by the DCHA, and in accordance with Title V, Subtitle K of the Fiscal Year 2013 Budget Support Act of 2012, effective September 20, 2012 (D.C. Law 19-168; D.C. Official Code § 4-753.04).
2556.3 Nothing in these rules shall be construed to create an entitlement either direct or implied on the part of any individual or family to referral to or participation in the Local Rent Supplement Program.
2557 Special Eligibility Criteria for Referral to the Local Rent Supplement Program – ELIGIBILITY REQUIREMENTS
2557.1 An applicant unit shall be eligible for referral to the DCHA for the LRSP vouchers if the applicant unit is a family, as defined in § 2599, 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;
(2) Has a primary nighttime residence that is a supervised publicly or privately operated shelter or transitional housing facility designed to provide temporary living accommodations governed by this chapter or is currently receiving a rental subsidy through the Family Re-Housing and Stabilization Program governed by Chapter 28 of Title 29 of the District of Columbia Municipal Regulations; or
(3) Has no other housing options identified;
(b) Is a resident of the District of Columbia as defined by D.C. Official Code § 4-751.01(32) (2008 Repl. & 2012 Supp.); and
(c) Has significant barriers to increasing income or achieving housing stability as demonstrated by having at least one (1) of the following household characteristics:
(1) Head of household, or both heads of household if a two (2)-parent household, is disabled and unable to work, as demonstrated by receiving Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) benefits, or other medical documentation;
(2) Household include a child or children with a moderate to severe physical, behavioral, developmental, or mental health disability that is a barrier to housing stability;
(3) Head of household, particularly youth head of household defined as twenty-four (24) years of age or younger, in which at least one (1) parent has aged out of foster care, experienced significant involvement with child welfare as a minor child, or experienced significant involvement with the youth rehabilitation or correctional systems as a minor child;
(4) Head of household is a victim of an intrafamily offense, domestic violence, dating violence, or stalking that is a barrier to work either because working places the person at further risk of violence or the family violence has resulted in creating barriers to work for the victim; or
(5) Large family size, defined as a household with five (5) or more minor children.
2557.2 Families determined to be eligible pursuant to § 2557.1(c), may be prioritized for referral based on the:
(a) Severity of barrier(s) to achieving housing stability absent a LRSP voucher;
(b) Length of time on the Public Housing or Housing Choice Voucher Waiting list at the DCHA; or
(c) Number of episodes or length of time of homelessness.
2558 SPECIAL ELIGIBILITY CRITERIA FOR REFERRAL TO THE LOCAL RENT SUPPLEMENT PROGRAM - APPLICATION AND RIGHT TO APPEAL
2558.1 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.
2558.2 Each application shall be in writing on a form that the Department prescribes and signed by the applicant or authorized representative under 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”).
2558.3 Upon request by an applicant with a disability, or the authorized representative of an applicant with a disability, the Provider shall assist the 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.
2558.4 The Department shall provide application forms, and the Provider shall accept applications from each applicant who requests assistance.
2558.5 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 Local Rent Supplement Program. The Provider shall request that all applicants, personally or through an authorized representative, sign a document acknowledging receipt of this notice.
2558.6 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 to process the application.
2558.7 Each applicant shall cooperate fully in establishing his or her eligibility, including the basis of the applicant’s homelessness and shall provide, to the extent available and relevant, documentation or collateral proof of:
(a) Household composition;
(b) Employment status and employment history;
(c) Education history;
(d) Income and assets;
(e) Household expenses;
(f) Facts and circumstances surrounding homelessness, including rental and other relevant housing history;
(g) Financial and other assets available or obtainable in the short and long term to support housing stability; and
(h) Facts and circumstances surrounding financial and other barriers to housing stability.
2558.8 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.
2558.9 The Provider may use, among other things, documents, telephone conversations, personal and collateral interviews, reports, correspondence, and conferences to verify applicant information.
2558.10 An application shall be considered abandoned if the applicant has not obtained and provided to the Provider the required information for eligibility determination within sixty (60) calendar days of the date of application.
2558.11 If an interested individual or family submits an application and is found not to be eligible, the Department or its designee shall provide the applicant with a Notice of Denial of Eligibility, which shall include:
(a) A clear statement of the applicant’s eligibility determination;
(b) A clear and detailed statement of the factual basis of the denial, including a reference to the eligibility criteria set forth in § 2557 that has not been met;
(c) A clear and complete statement of the client’s right to request a reconsideration from the Department or the Department’s designee if he or she disagrees with the Department’s or the Department’s designee’s decision to deny his or her referral to the Local Rent Supplement Program, or if he or she has questions regarding the Department or its designee’s decision to deny his or her referral to the Local Rent Supplement Program; and
(d) A clear and complete statement of the client’s right to appeal the denial of eligibility through a fair hearing and administrative review including the appropriate deadlines for instituting the appeal.
2558.12 If a family issued a Notice of Denial of Eligibility pursuant to § 2558.11 is successful in their appeal, the family shall be prioritized for referral based on the criteria set forth in § 2557.2.
