2419003 CHAPTER 58OWNER EVICTION GUIDELINES AND GROUNDS FOR TERMINATION FROM THE HOUSING CHOICE VOUCHER PROGRAM
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THE DISTRICT OF COLUMBIA HOUSING AUTHORITY
NOTICE OF SECOND PROPOSED RULEMAKING
The Board of Commissioners of the District of Columbia Housing Authority (DCHA) hereby gives notice, pursuant to D.C. Official Code § 6-203 (2008 Repl.), of its intent to adopt the following proposed additions of chapter 58 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 purpose of the second notice of proposed rulemaking is to revise the Administrative Plan for the Housing Choice Voucher Program as it relates to the policies for the type of notice participants must provide when eviction proceedings begin, and the time period inactive participants have to receive a transfer voucher before their assistance is terminated.
This Second Notice of Proposed Rulemaking supersedes a previous Notice of Proposed Rulemaking that was published in the D.C. Register on February 17, 2012, at 59 DCR 1351.
Chapter 58 “Owner Eviction Guidelines and Grounds for Termination from the Housing Choice Voucher Program,” of Title 14, “Housing,” of the DCMR is proposed as follows:
CHAPTER 58
OWNER EVICTION GUIDELINES AND GROUNDS FOR TERMINATION FROM THE HOUSING CHOICE VOUCHER PROGRAM
5800.1 DCHA takes several steps to avoid recommending participant families and Owners for termination from the Program. Prior to making a Recommendation for Termination (RFT), DCHA will provide notice to the affected party/parties that includes a description of the violation, and an explanation that failure to correct the violation may result in a recommendation for termination, and instructions on what must be done to correct the violation.
5800.2 Before DCHA makes a recommendation for termination, there are several opportunities for a Family or Owner to cure or explain the circumstances surrounding the violation. These include:
(a) Walk-in Appointment days;
(b) Scheduled informal meetings; and
(c) Reviewing reasonable accommodation requests that pertain to the recommendation for termination.
5801.1 During or any time after the first term of the lease, the Owner shall use legal means to evict the Family per the District of Columbia Rental Housing Act and applicable federal law. Service of a notice to vacate which does not comply with the lease, local and federal laws is not sufficient to evict a tenant.
5801.2 Where there is any conflict between the terms of a lease and federal or local law, federal or local law shall prevail.
5801.3 Eviction of a Family by the Owner shall not, in and of itself, constitute a violation of a Family’s obligations under the Program. DCHA shall not terminate Program assistance based solely on the fact that a Family has been evicted from a property.
5801.4 A Family who has been evicted shall be issued a transfer voucher to move to another unit, unless there are other valid grounds, as outlined in local regulations, to deny issuance of a transfer voucher.
5802 GROUNDS FOR OWNER TERMINATION OF TENANCY
5802.1 The Owner is not permitted to terminate a participant Family’s tenancy except for serious or repeated violations of the lease, certain violations of state or local law as set forth in § 5802.3, or other good cause as governed by federal and local laws.
5802.2 The Owner may terminate the Family’s tenancy for serious or repeated violations of the terms and conditions of the lease, including failure to pay rent, except when the violations are related to an incident or incidents of actual or threatened intrafamily violence, sexual violence, dating violence, elder abuse or stalking against the participant or an immediate Family member or when the Owner fails to reasonably accommodate the disability of a Family member. This includes failure to pay rent. DCHA’s failure to make a HAP payment to the Owner is not a violation of the lease between the Family and the Owner.
5802.3 The Owner is permitted to terminate the tenancy if a fact-finder determines that a Family member has violated federal, state, or local law that imposes obligations in connection with the occupancy or use of the premises and the proper issuance and execution of a writ of restitution takes place.
5802.4 Any Owner termination of tenancy must be consistent with the District of Columbia Rental Housing Act and any other D.C. law governing landlord-tenant relations.
5802.5 DCHA may permit, at its discretion, Owners and participants to terminate a lease within the first twelve (12) months of tenancy if both parties agree. Written requests will be considered on a case-by-case basis and may be granted as a reasonable accommodation, or if DCHA determines termination is necessary.
5803 GROUNDS FOR TERMINATION BY District of Columbia Housing Authority
5803.1 DCHA may terminate assistance for the following reasons:
(a) A participant Family in the HCVP has not reimbursed another PHA for:
(1) Any amounts paid to the Owner under a Contract for rent;
(2) Other amounts owed by the Family under the Lease; or
(3) Rent or damage fees owed for a vacated unit;
(b) Families who are found guilty of program abuse or fraud, bribery or other criminal act in conjunction any federal or local housing assistance program (this presupposes that the Program abuse or fraud is substantiated and that the participant did not enter a Repayment Agreement with DCHA);
(c) Participants who are in default on an executed Repayment Agreement;
(d) Participants whose TTP is sufficient to pay the full gross rent and twelve (12) months have elapsed since DCHA’s last HAP payment was made;
(e) Families who have violated one (1) of their Family Obligations as explained further in § 5808; or
(f) Families who have assets with net values greater than one hundred thousand dollar ($100,000) or own a residence suitable for occupancy. This restriction does not apply to Family Self-Sufficiency escrow funds or homes assisted through the HCV Program.
5805 GROUNDS FOR TERMINATION FOR MISSED APPOINTMENTS
5805.1 A participant Family may receive a notice of termination for failing to keep an appointment to provide additional documentation without notifying DCHA in advance in the following situations:
(a) Bringing in Verification Information;
(b) Initial Voucher Briefing;
(c) HQS Inspection and Re-inspection;
(d) Recertification;
(e) Interim recertification mandated by DCHA; or
(f) Other Appointments or Requirements to Bring in Documentation as listed in this plan.
5805.2 Before sending a notice of termination, DCHA shall automatically schedule the applicant or participant Family for a second appointment.
5805.3 If the applicant or participant Family does not show up for an appointment with DCHA, or does not provide access for an inspection, in the case of HQS inspections, within thirty (30) minutes of the second scheduled appointment and does not call to reschedule the required appointment, then:
(a) DCHA may begin termination procedures. The Family shall be given an opportunity for an informal hearing, in accordance with chapter 89 of this title of the DCMR; and
(b) If the Hearing Officer makes a determination in favor of the participant, an appointment for the function for which the hearing is being held shall be scheduled.
5805.4 DCHA shall not automatically schedule more than two (2) appointments.
5805.5 If the participant has missed two (2) appointments, assistance may be terminated with the thirty (30) day notice to the Family and Owner specified in this section.
5805.6 The termination for missed appointment shall be effective upon the first day of the second month following the missed appointment (thirty (30) days plus notice) unless the participant Family has timely requested an informal hearing.
5805.7 Applicants and participant families shall be notified of their rights under chapter 89 of this title of the DCMR on their notice of termination.
5805.8 Participants with disabilities may request that DCHA provide reasonable accommodations when attending appointments as necessary to begin or continue participation in the HCVP.
5806 VIOLATION OF OWNER RESPONSIBILITIES
5806.1 If an Owner fails to honor his or her responsibilities under the rules of the Program, after being provided notice and an opportunity to address the issue, DCHA may terminate the HAP contract and require the Family to move. The basic Owner responsibilities in the HCVP are outlined in the regulations as follows:
(a) Performing all of the Owner's obligations under the HAP contract and the lease;
(b) Complying with DCHA’s policies in accordance with the Administrative Plan;
(c) Performing all management and rental functions for the assisted unit, including selecting a voucher-holder to lease the unit, and deciding if the Family is suitable for tenancy of the unit;
(d) Maintaining the unit in accordance with the HQS, including performance of ordinary and extraordinary maintenance;
(e) Complying with equal opportunity requirements;
(f) Preparing and furnishing to DCHA information required under the HAP contract;
(g) Collecting from the Family any security deposit, the TTP, and any charges for unit damage by the Family;
(h) Enforcing tenant obligations under the dwelling lease;
(i) Paying for utilities and services (unless paid by the Family under the lease);
(j) Making modifications to a dwelling unit occupied or to be occupied by a disabled person;
(k) Complying with the VAWA when screening and terminating tenants;
(l) Being in good standing as a participating Owner by HUD;
(m) Leasing to relatives is prohibited except as a reasonable accommodation, approved by DCHA;
(n) Owner cannot have a prohibited conflict of interest; or
(o) The Owner shall not discriminate against any person under any protected grounds as enumerated in D.C. Official Code § 2-1401 et seq. (2007 Repl. & 2011 Supp.) in connection with any actions or responsibilities under the HCVP and the HAP contract and shall cooperate with DCHA and with HUD in conducting any equal opportunity compliance reviews and complaint investigations in connection with the HCVP and the HAP Contract.
5806.2 DCHA may refuse to approve a Request for Tenancy or cancel existing HAP Contracts if the Owner has committed any of a number of different actions as enumerated by HUD guidelines. If DCHA disapproves a request for tenancy from a particular Owner, it may not terminate the HAP contract for any assisted families that are already living in the Owner’s properties unless the Owner has violated the HAP contract for those households.
5806.3 DCHA may refuse to approve a request for tenancy or terminate an existing HAP Contract if DCHA becomes aware that any of the following are true:
(a) The Owner has violated obligations under a HAP contract under Section 8 of the United States Housing Act of 1937;
(b) The Owner has committed fraud, bribery or any other corrupt or criminal act in connection with any federal housing program, including requesting “side payments” of additional rent from the tenant; or
(c) The Owner has engaged in any drug-related criminal activity or any violent criminal activity.
5806.4 DCHA may refuse to enter into new HAP contracts with Owners in the following circumstances:
(a) The Owner has a history or practice of non-compliance with the HQS for units leased under the tenant-based programs, or with applicable housing standards for units leased with project-based Section 8 assistance or leased under any other federal or local housing program;
(b) The Owner has a history or practice of failing to terminate the tenancy of tenants of units assisted under Section 8 or any other federally assisted housing program for activity by the tenant, any member of the household, a guest or another person under the control of any member of the household that:
(1) Threatens the right to peaceful enjoyment of the premises by other residents;
(2) Threatens the health or safety of other residents, of employees and/or agents or contractors of DCHA, or of Owner employees or other persons engaged in management of the housing;
(3) Threatens the health or safety of, or the right to peaceful enjoyment of their residences, by persons residing in the immediate vicinity of the premises; or
(4) Commits drug-related criminal activity or violent criminal activity;
(c) The Owner has a history or practice of renting units that fail to meet state or local housing codes, including to make repairs on units under abatement within the sixty (60) day required period;
(d) The Owner has a history of failure to comply with VAWA, the ADA, the Fair Housing Act or the D.C. Human Rights Act;
(e) The Owner has not paid state or local real estate taxes, fines, or assessment; or
(f) The Owner is not properly registered with the District of Columbia Department of Housing and Community Development.
5806.5 In considering whether to disapprove Owners for any of the discretionary reasons listed above, DCHA shall consider any mitigating factors. Such factors may include, but are not limited to:
(a) The seriousness of the violation in relation to program requirements;
(b) The impact on the ability of families to lease units under the Program; or
(c) The health and safety of participating families.
5806.6 Upon consideration of the circumstances in § 5906.4, DCHA may, on a case-by-case basis, choose to approve an Owner.
5806.7 It is the responsibility of the Owner to report to DHCA within ten (10) days, any known circumstances where a tenant is deceased or has permanently vacated a unit. In accordance with the HAP contract, the Owner is not entitled to HAP for any period that the Family does not occupy the unit. Thus, it is the Owner’s responsibility to return any payments of HAP received for periods that he or she knew that the household was no longer occupying the unit.
5806.8 In instances where the Owner does not voluntarily report that a unit has been vacated or that the sole Family member is deceased, DCHA shall seek to recoup overpayments in accordance with the chapter 55 of this title of the DCMR.
5806.9 DCHA shall seek to recover HAP for any period that the Owner knew, or reasonably should have known, that the Family no longer occupied the unit or was deceased. Information regarding the Owner’s knowledge could include, but is not limited to:
(a) Information from utility companies that utilities have been placed in the Owner’s name;
(b) Returned mail with a forwarding address;
(c) Inspection letters from DCHA or another entity that indicate that the unit is vacant;
(d) Information from the Owner indicating that the Family has returned the keys; or
(e) The submission of a RTA for another subsidized Family at the same address.
5806.10 DCHA shall not seek to recover funds for periods where the Owner had no knowledge of the deceased Family member. In instances where the Family has moved without notice, the Family shall be held liable for overpayments of HAP during periods prior to when the Owner had knowledge of the move.
5807.1 DCHA shall process a change of Ownership only upon the written request of the new Owner and only if accompanied by a copy of the Recorded Deed or settlement documents, showing the transfer of title and the Federal Identification Number of the corporation or the Social Security number if the Owner is an individual, not a corporation.
5807.2 DCHA shall receive a written request by the Owner in order to make changes regarding who is to receive the rental payment and the address to which payment is to be sent.
5807.3 DCHA shall update its files and records to reflect the new information received.
5808 FAMILY OBLIGATIONS TO AVOID TERMINATION
5808.1 The Family shall:
(a) Supply such certification, release, information or documentation as DCHA or HUD determines to be necessary, including submission of required evidence of citizenship or eligible alien status, and submissions required for an annual or interim recertification of Family income and composition;
(b) Allow DCHA to inspect the dwelling unit at reasonable times and after reasonable notice;
(c) Notify DCHA before vacating the dwelling unit;
(d) Use the dwelling unit solely for residence by the Family, and as the Family’s principal place of residence; and
(e) promptly give DCHA a copy of a Writ of Restitution received when an Owner seeks to remove the family from the unit within ten (10) days of the date of the notice.
5808.2 The Family shall not:
(a) Own or have any interest in the unit except for participants in the Home Ownership Assistance Program (HOAP) as further explained in chapter 92 of this title of the DCMR, other than in a cooperative;
(b) Commit any fraud in connection with the HCVP;
(c) Receive duplicative housing assistance under the HCVP while occupying, or receiving housing assistance for occupancy of, any other unit assisted under any Federal housing assistance program (including any Section 8 program); or
(d) Sublease or assign the lease or transfer the unit.
5808.4 DCHA shall terminate assistance if:
(a) A Family fails to submit required documentation within the required timeframe concerning any Family member’s citizenship or immigration status as enumerated in chapter 54 of this title of the DCMR;
(b) A Family submits evidence of citizenship and eligible immigration status in a timely manner, but USCIS primary and secondary verification does not verify eligible immigration status of the Family;
(c) A Family member, as determined by DCHA, has knowingly permitted another individual who is not eligible for assistance to reside (on a permanent basis) in the unit.
(d) A Family is not receiving HAP assistance for more than twelve (12) months due to an increase in income; or
(e) A Family is not in a contracted unit and the Family is otherwise eligible, but has not come into DCHA to receive a new voucher by the first day of the month of the biennial recertification anniversary.
5808.5 For § 5908.4(c), such termination shall be for a period of at least twenty-four (24) months. This does not apply to ineligible non citizens already in the household where the Family’s assistance has been prorated.
5808.6 A Family shall not receive HCVP assistance while residing in a unit owned by a parent, child, grandparent, grandchild, sister or brother of any member of the Family, except as a reasonable accommodation that DCHA approves.
5808.7 DCHA shall determine if a Family has committed serious or repeated violations of the lease based on available evidence, including but not limited to, a court-ordered eviction, or a writ of possession. Such violations may include, but are not limited to:
(a) Nonpayment of rent;
(b) Disturbance of neighbors;
(c) Destruction of property;
(d) Living or housekeeping habits that cause damage to the unit or premises; and
(e) Criminal activity.
5809.1 DCHA may terminate HAP contracts if DCHA determines, in accordance with HUD requirements, that funding is insufficient to support continued assistance for families within the Program.
5810 OTHER CONDITIONS AND PROCEDURES FOR TERMINATION OF ASSISTANCE
5810.1 Income limits are not a consideration for termination of assistance once the Family is participating in the Program.
5810.2 DCHA will notify the Owner in writing before terminating Housing Assistance Payments for any reason, including termination of the HAP Contract and termination of assistance to the Family.
5810.3 In any case where DCHA decides to terminate assistance to the Family, DCHA shall give the Family a thirty (30) day written termination notice which states:
(a) The reasons for the termination;
(b) The effective date of the termination;
(c) The Family’s right to request an informal hearing; and
(d) The Family’s responsibility to enter into a new unassisted lease and pay the full rent to the Owner if they remain in the unit.
5810.4 In any case where DCHA decides to terminate assistance to the Family, DCHA shall give the Owner a thirty (30) day written termination notice which states:
(a) The effective date of the termination, if the Family is actually terminated from the Program; and
(b) The Family’s responsibility to enter into a new, unassisted lease and pay the full rent to the Owner if HAP payments terminate and the Family wishes to remain in the unit.
5811 participants receiving no housing assistance payment assistance
5811.1 Participants receiving no HAP assistance because their rental share equals the full rent may remain on the Program for twelve (12) months from the effective date they no longer receive assistance.
5811.2 When the twelve (12) months has been reached, the Owner shall be notified of the termination of the HAP Contract, in accordance with the HAP Contract.
5811.3 However, if the Owner is granted a rent increase during this period and the rent increase would cause DCHA to resume HAP payments, or if at biennial or interim recertification the participant has properly reported loss of income resulting in a HAP payment, the payments shall resume.
5811.4 During the twelve (12) month period that a Family may remain in the Program unassisted, DCHA shall perform all of the duties and responsibilities normally required in the Program, including recertifications and inspections of the unit. If the Family remains unassisted for twelve (12) months, without reporting a change that would trigger an increase in the HAP, the HAP contract shall terminate after twelve (12) months.
5811.5 Upon reducing a Family’s HAP to zero (0), DCHA shall give the Family a written notice containing the following information:
(a) As a result of its income and Family composition, the Family is responsible for the full contract rent;
(b) The Family may remain in the program for twelve (12) months paying the full contract rent;
(c) If the Family’s income or Family composition changes, the Family should report that information to DCHA;
(d) If the Family remains at zero (0) assistance for twelve (12) months, without reporting a change in income or Family composition, the Family will be terminated from the HCVP;
(e) The Family may move to another unit during the twelve (12) month period and if the Family would be entitled to assistance at the new unit (because of a higher rent, for example), DCHA will pay assistance at the new unit; and
(f) The Family’s right to challenge the determination in accordance with chapter 89 of this title of the DCMR.
5811.6 If the tenant wants to move to another unit during this period whose rent is not greater, DCHA may execute a new HAP Contract for the new unit at $0 assistance.
5812.1 A participant in the HCVP shall not knowingly:
(a) Make a false statement, either oral or written, to DCHA;
(b) Commit fraud, bribery, or any other corrupt or criminal act in connection with any federal housing program;
(c) Make payments to the Owner in excess of amounts authorized by DCHA for rent, security deposit, and additional services;
(d) Offer bribes or illegal gratuities to DCHA Board of Commissioners, employees, contractors, or other DCHA representatives;
(e) Offer payments or other incentives to the Owner or a third party as an inducement for the third party to make false or misleading statements to DCHA on the Family’s behalf;
(f) Use of a false name or the use of falsified, forged, or altered documents;
(g) Intentionally misreport Family information or circumstances (such as income, Family composition);
(h) Omit facts that were obviously known by a Family member (such as, not reporting employment income); or
(i) Knowingly permit program abuse by an adult Family member.
5812.2 In the case of program abuse caused by a Family member DCHA may, at its discretion, impose any of the following remedies:
(a) Require the Family to repay excess subsidy amounts paid by DCHA, as described earlier in this section;
(b) Require, as a condition of receiving or continuing assistance, that a culpable Family member not reside in the unit;
(c) Deny or terminate the Family’s assistance;
(d) refer the Family for state or federal criminal prosecution; or
(e) Participation in the Good Neighbor Program.
5812.3 An Owner participating in the HCV program shall not:
(a) Make any false statement to DCHA; and
(b) Commit fraud, bribery, or any other corrupt or criminal act in connection with any federal housing program including:
(1) Charging the Family rent above or below the amount specified by DCHA;
(2) Charging a security deposit other than that specified in the Family’s lease and/or greater than one (1) month’s rent;
(3) Charging the Family for services that are provided to unassisted tenants at no extra charge;
(4) Knowingly accepting housing assistance payments for any month(s) after the Family has vacated the unit or the sole-Family member is deceased;
(5) Knowingly accepting incorrect or excess housing assistance payments;
(6) Offering bribes or illegal gratuities to DCHA Board of Commissioners, employees, contractors, or other DCHA representatives;
(7) Offering payments or other incentives to an HCV Family as an inducement for the Family to make false or misleading statements to DCHA; or
(8) Residing in the unit with an assisted Family.
5812.4 When DCHA determines that the Owner has committed program abuse, DCHA may take any of the following actions:
(a) Require the Owner to repay excess housing assistance payments, as discussed earlier in this section and in accordance with the policies in the administrative plan and DCMR;
(b) Terminate the HAP contract;
(c) Bar the Owner from future participation in any DCHA programs; or
(d) Refer the case to state or federal officials for criminal prosecution.
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
(202-535-2835); 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 Tina Thomas, at Office of the General Counsel, District of Columbia Housing Authority, at PublicationComments@dchousing.org. Individuals wishing to comment by email must include the phrase “Comment to Proposed Rulemaking: in the subject line.
