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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 addition of chapter 53 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 further revise the Administrative Plan for the Housing Choice Voucher Program as it relates to the policies for processing participant changes to the family composition and to replace in its entirety chapters 81 and 84 of this with this new chapter 53 title. This second notice also repeals Section 8300 of chapter 53 of this title.
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 1299.
Chapter 53 “Recertifications, Housing Quality Standard Inspections, and Family Moves,” of title 14, “Housing,” of the DCMR is proposed as follows:
CHAPTER 53
RECERTIFICATIONS, HOUSING QUALITY STANDARD INSPECTIONS, AND FAMILY MOVES
5300 INCOME CONSIDERATIONS AND DETERMINATION OF TOTAL TENANT PAYMENT
5300.1 Once a participant is receiving assistance, the following regularly scheduled events shall occur;
(a) Biennial recertification, in which income is calculated and total tenant payment is determined;
(b) Interim recertifications when necessary; and
(c) Annual Housing Quality inspections.
5301.1 For purposes of determining all forms of income for families who are applicants and participants in the HCVP, DCHA shall follow HUD requirements as enumerated in 24 C.F.R. § 5.601 through 24 C.F.R. § 5.609 and 24 C.F.R. § 5.659, as amended.
5302 UTILITY PAYMENTS AND REIMBURSEMENTS
5302.1 For purposes of determining payments by and utility reimbursements to families who are participants in the HCVP, DCHA shall follow HUD requirements as enumerated in 24 C.F.R. § 5.632 and 24 C.F.R. § 982.514, as amended.
5303.1 In accordance with its MTW designations, DCHA elects not to grant the Earned Income Disallowance for disabled families. DCHA has determined that the policies contained in § 5308 of grant a comparable benefit and ensure that all households are rewarded for increasing their household income.
5304 ALIMONY AND CHILD SUPPORT AS INCOME
5304.1 DCHA shall count court-awarded amounts for alimony and child support unless DCHA verifies that the payments have not been made in the last six (6) months.
5304.2 If the amounts received for child support or alimony is not received on a regular basis, DCHA shall anticipate income by performing an average of the last twelve (12) complete months. The average shall include months in which no payments were received and months in which lump sum amounts were received to catch up for prior missed payments.
5305.3 If the Family begins to receive child support or alimony payments at any time, the Family is obligated to report the change in accordance with § 5316 and § 5317.
5305 GRANTS AND SCHOLARSHIPS as income
5305.1 For purposes of determining whether financial aid awards used for higher education shall be counted as income, DCHA shall follow 24 C.F.R. § 5.609, as amended.
5306 ADJUSTED INCOME AND DETERMINATION OF RENT
5306.1 In the determination of adjusted income DCHA shall deduct from annual income the following deductions, as applicable to the Family:
(a) Four hundred eighty dollars ($480) for each Dependent;
(b) Four hundred dollars ($400) for any elderly Family or disabled Family;
(c) A medical expense deduction as defined below in § 5307.2 for elderly and disabled families; and
(d) A child care expense deduction, for a Family with any adult member who is working or is attending school on a full time basis, and has an eligible child.
5306.2 The DCHA Board of Commissioners periodically determines an additional medical deduction for each member of an elderly or disabled Family. A live-in aide shall not be given the medical deduction. This additional medical deduction is a fixed deduction for each member of the household, who is sixty-two (62) years of age or older or is disabled. DCHA shall not verify whether the Family incurs in the actual medical expenses or not.
5306.3 The DCHA Board of Commissioners periodically determines an additional dependent deduction for each eligible child who is twelve (12) or under, in the cases where DCHA has verified that an adult member is working or is attending school on a full time basis. This additional dependent deduction is a fixed deduction given to the Family for each qualifying child. DCHA does not verify whether the Family has an actual child care expense or not.
5306.4 The deduction pursuant to § 5306.3, shall be given for all children twelve (12) or under, including foster children, who are living in the assisted Family’s household. In order to qualify for the deduction, the following must exist:
(a) The Family shall identify the Family member(s) who are working or are in school full-time;
(b) If the child care expense being claimed is to enable a Family member to further his or her education, the member shall be enrolled in school (academic or vocational) or participating in a formal training program. The Family member shall be required to be a full-time student in order to qualify for the deduction; and
(c) Working shall mean any legal work activity (full or part-time) for which a Family member is compensated.
5307 OVERVIEW OF RENT AND SUBSIDY CALCULATIONS
5307.1 For purposes of calculating the Total Tenant Payment (TTP), DCHA shall follow HUD requirements as enumerated in 24 C.F.R. § 5.628, as amended.
5307.2 DCHA may establish a minimum rent as authorized by 24 C.F.R. § 5.628(a). If DCHA establishes a minimum rent, DCHA shall suspend and exempt families from minimum rent when a financial hardship exists.
5307.3 For the purposes of granting hardship exemptions from the minimum rent requirement, DCHA shall follow HUD requirements as enumerated in 24 C.F.R. § 5.630, as amended.
5307.4 Hardship exemptions shall be requested in writing by the Head of Household. If a participant requests assistance, DCHA shall assist the participant in reducing the request to writing.
5307.5 DCHA shall verify the hardship circumstances and respond in writing within ten (10) days of the receipt of the information verifying the hardship.
5307.6 Except where the Family has been granted a hardship exemption from the minimum rent, the amount that a Family pays for rent and utilities (the Family share) shall never be less than the Family’s TTP but may be greater than the TTP depending on the rent charged and utility costs for the unit the Family selects.
5308 District of Columbia Housing Authority’s HOUSING ASSISTANCE PAYMENT
5308.1 DCHA shall pay a monthly Housing Assistance Payment (HAP) for a Family that is equal to the lower of:
(a) The applicable payment standard for the Family minus the Family’s TTP; or
(b) The gross rent for the Family’s unit minus the TTP.
5308.2 The rent to the owner is the full rent that the owner is charging for the unit, as approved by DCHA, including any utilities the owner is providing under the lease. This is the Contract Rent.
5308.3 The gross rent represents the entire housing cost. It is calculated by adding the contract rent to the utility allowance for the unit. If all utilities are included, the contract rent and the gross rent shall be the same.
5308.4 The Family share of rent is any amount of DCHA approved contract rent that is not covered by HAP.
5308.5 If a Family chooses a unit with a gross rent (rent to owner plus an allowance for tenant-paid utilities) that exceeds DCHA’s applicable payment standard:
(a) The Family shall pay more than the TTP; and
(b) At initial occupancy DCHA may not approve the tenancy if it would require the Family share to exceed forty percent (40%) of the Family’s monthly adjusted income.
5308.6 When the DCHA HAP for a Family exceeds the rent to owner, the Family is due a utility reimbursement. DCHA may pay the reimbursement to the Family or directly to the utility provider as enumerated in 24 C.F.R. § 5.632(b)(2). If all utilities are included in the contract rent, there shall be no utility allowance.
5309 APPLYING PAYMENT STANDARDS
5309.1 For purposes of applying a payment standard to a family’s unit DCHA shall pay on behalf of a Family, DCHA shall follow 24 C.F.R. §§ 982.503, et. seq.
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 changes in income, Family composition, 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.
5311 APPLYING UTILITY ALLOWANCES
5311.1 The utility allowance is calculated for each Family based upon DCHA’s utility allowance schedule, which is based the average utility costs for a unit of comparable size. DCHA shall periodically update the utility allowance to account for increases in energy costs. The allowances set by DCHA are applicable to all program types.
5311.2 A DCHA-established utility allowance schedule is used in determining Family share and HAP. DCHA shall use the appropriate utility allowance for the size of dwelling unit actually leased by a Family rather than the voucher unit size for which the Family qualifies using DCHA subsidy standards.
5311.3 DCHA shall approve a utility allowance amount higher than shown on DCHA’s schedule if a higher allowance is needed as a reasonable accommodation for a Family member with a disability, in accordance with DCHA’s procedures regarding reasonable accommodation.
5311.4 In the event of an interim recertification, DCHA shall use the current utility allowance schedule. Revised utility allowances shall be applied to a Family’s rent and subsidy calculations at the first regular recertification that is effective after the allowance is adopted.
5312 BIENNIAL RECERTIFICATION of income
5312.1 Families shall be requested to provide information on income, assets, allowances and deductions, and Family composition at least biennially.
5312.2 Biennial recertification for midmonth move-ins (for example September 15th) shall be conducted no later than the second following year by the first of the move-in month (for example September 1st).
5312.3 When families move to another dwelling unit, the Family will be required to complete an interim recertification.
5312.4 If the Family reports a change which results in an increase or decrease in the TTP, other than in response to a biennial recertification, it shall be considered an interim adjustment.
5313 RECERTIFICATION NOTICE TO THE FAMILY
5313.1 In accordance with § 8410.1, DCHA shall maintain a recertification tracking system that shall insure that at least one hundred fifty (150) days in advance of the scheduled biennial recertification effective date, the Head of Household shall be notified by mail that she or he is required to attend a recertification interview on a specified date, or rearrange a date in advance if the scheduled date is unacceptable. The notice shall instruct participant on which documents to bring.
5313.2 The Head of Household shall physically come into DCHA’s office on the date and time requested in order to complete the recertification process.
5313.3 DCHA may permit mail-in recertification or in-home recertification as a reasonable accommodation to persons unable to come into DCHA’s office.
5313.4 A Personal Declaration Form shall be provided along with the recertification notice and shall be completed by the participant prior to the interview.
5314 DCHA INITIATED INTERIM RECERTIFICATIONS
5314.1 DCHA may require families who report zero income to complete a zero (0) income interview and certification not more frequently than every one hundred twenty (120) days.
5314.2 Families shall be required to complete an interim recertification of income at the time of a move from one assisted unit to another at any time other than the biennial recertification date.
5314.3 DCHA may conduct an interim recertification at any time in order to correct an error in a previous recertification, or to investigate possible participant fraud.
5315.1 If the Family timely reported an increase in household income, DCHA shall exclude from the determination of annual household income any increase that is less than ten thousand dollars ($10,000). This income shall be excluded until the next biennial recertification.
5315.2 All other increases in income shall be considered part of annual income and shall trigger an interim recertification in accordance with chapter 84 of this title of the DCMR.
5315.3 If the Family is adding a Family member who has a source of income, DCHA shall count the source of income, as applicable, in the determination of annual income.
5315.4 Any decreases in income shall be processed in accordance with § 5310.
5315.5 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.
5316 CHANGES IN FAMILY COMPOSITION
5316.1 The Family shall request DCHA approval to add a new Family member, with the exception of the addition of a Family member as a result of birth, adoption, foster placement or court-awarded custody. However, in all circumstances the Family is required to notify DCHA of the addition in accordance with chapter 84 of this chapter of the DCMR.
5316.2 Requests to add adult Family members are subject to DCHA’s eligibility requirements at chapter 51 of this title of the DCMR.
5316.3 DCHA shall only consider a request to add an adult to the Family composition under the following circumstances:
(a) Marriage;
(b) If the adult is to be added as a live-in aide; or
(c) As a reasonable accommodation.
5316.4 Before DCHA’s approval can be finalized, the Family shall obtain the owner’s written approval to add a new Family member or a live-in aide.
5316.5 If the owner declines to approve the addition of a new adult Family member, the Family will be issued a transfer voucher. The new member will be added to the Family composition once the Family member has moved into a new unit.
5316.6 DCHA may not add any Family members who claim citizenship or eligible immigration status to the household until a social security number is provided and verified.
5317 REMOVING A HOUSEHOLD MEMBER
5317.1 The Family shall notify DCHA within thirty (30) days of occurrence, if any Family member no longer lives in the unit.
5317.2 DCHA shall make the determination whether the person no longer living in the unit is considered to be temporarily absent or permanently absent in accordance with § 5319, before the Family member can be removed from the household.
5317.3 DCHA shall not remove the Family member from the household until such time as it can be sufficiently verified that the person is residing elsewhere.
5317.4 Sufficient verification that a person is residing elsewhere shall include at least one (1) of the following:
(a) A lease for another unit;
(b) A utility bill for another unit;
(c) government-issued ID issued after the date the household member vacated the leased premises;
(d) U.S. Postal Service change-of-address form;
(e) School records;
(f) Government benefits records; or
(g) Other documentary proof satisfactory to the DCHA.
5317.5 If the Family is unable to produce documentation satisfactory to the DCHA, the Family may submit a form attesting under penalty of perjury that the individual has permanently vacated the household, and DCHA shall remove the individual from the Family composition upon receipt of such form.
5317.6 If a Family receiving assistance breaks up into two (2) otherwise eligible families as a result of divorce, separation, or intrafamily offenses, then DCHA shall use the following procedures to determine which Family shall continue to be assisted:
(a) DCHA shall be bound to any decision of the courts, including but not limited to in cases of divorce, legal separation, or intrafamily offenses, as to who shall continue to receive assistance;
(b) In the case that there is no judicial decision relating to the assistance, DCHA shall consider the following:
(1) Any incidence of domestic violence or an intrafamily offense, in which case, the victim of the violence or offense shall continue to receive assistance;
(2) The interest of minor children; or
(3) The interest of an ill, elderly, or disabled Family member; and;
(c) If DCHA receives conflicting certification documents of domestic violence from two (2) or more members of a household, each claiming to be a victim and naming one (1) or more of the other petitioning household members as the perpetrator, DCHA may determine which Family member is the true victim by requiring third-party documentation in accordance with the Violence Against Women Act (VAWA), as explained in § 4907.8 and other applicable laws using the following guidelines;
(1) Prior to making any determination on who retains assistance, DCHA shall attempt to notify both adult family members involved in the alleged incident via first-class mail to the residence; or an alternative address if one is provided that only one (1) part of the family shall continue to receive assistance;
(2) The notice shall inform both adults of how DCHA will determine who retains assistance, and what relevant information each adult can provide to assist DCHA in making its determination;
(3) After making its determination using the factors as enumerated in § 5317.8, DCHA shall notify both adults in writing of its decision and the basis for the decision; and
(4) The adult family member who DCHA determines shall not continue to receive assistance shall be entitled to an informal hearing pursuant to chapter 89 of this title of the DCMR.
5317.7 DCHA shall not determine that both families shall continue to be assisted unless an exception applies pursuant to VAWA or other applicable laws.
5317.8 If the Head of Household has been determined to be permanently absent due to a medical reason, death, or incarceration, DCHA may permit a remaining adult family member to become Head of Household if the remaining Family is comprised of one or more of the following persons:
(a) Minor children;
(b) Elderly; or
(c) Disabled.
5317.09 DCHA shall notify the remaining family member in writing of its determination within thirty (30) days of receipt of the completed application.
5317.10 If DCHA determines that a remaining adult family member is eligible to become Head of Household under § 5318.9, the adult family member must first:
(a) Submit an application; and
(b) Attend a briefing.
5317.11 Live-in Aides, Foster Children and/or adult wards are not considered part of the Family and shall not be considered remaining Family members.
5317.12 If the Head of Household leaves the assisted unit voluntarily, other adult Family members shall not be considered remaining Family members and housing assistance shall not be continued unless the remaining Family members can provide the information required by § 5405.1(d). This shall be considered a voluntary withdrawal from the Program that is not subject to informal hearing procedures.
5317.13 If the Head of Household dies or permanently vacates the unit and there are remaining Family member but no remaining adult household members, or none who are able to serve as Head of Household, then an adult who is not listed as a member of the household composition may reside in the assisted unit and may apply to become Head of Household. The following shall apply under these circumstances:
(a) The applicant to be Head of Household must produce evidence of a caregiving relationship with the remaining minor children or disabled adults. Such documentation may include, but is not limited to, court order; notarized authorization from the children’s legal guardian; school or medical records; public benefit records; and sworn statements from medical, legal, or social service professionals;
(b) Where the remaining Family members are minors, the applicant to be Head of Household must either:
(1) Obtain Custodial Power of Attorney; or
(2) Commence legal proceedings to obtain legal guardianship or custody of the minor children. So long as such proceeding is pending, and the applicant has produced evidence of a caregiving relationship, and meets DCHA’s other screening criteria, DCHA shall consider the applicant to be eligible to be Head of Household and the voucher shall be transferred to that person;
(c) In the case of 5318.4(b)(ii), the applicant’s eligibility to be Head of Household is contingent on legal proceedings pending or being resolved in favor of the applicant. If a court of competent jurisdiction denies the applicant’s petition for custody or guardianship, no appeal is pending, and the appeal period has expired, DCHA will determine the applicant ineligible to be Head of Household and may issue a Recommendation for Termination. In that event, another remaining adult household member may submit an application to be Head of Household within thirty (30) days of the issuance of the RFT, and DCHA will process such application in accordance with the requirements of this section; and
(d) Where more than one (1) adult has competing claims to become Head of Household as caregivers of the remaining minor children, DCHA shall follow the ruling of a court of competent jurisdiction regarding the custody or guardianship of the children.
5317.14 During any period that a caregiver is considered a visitor, the income of the caretaker shall not be counted in annual income and the caregiver does not qualify the Family for any deductions from income.
5318.1 A Family member who is or is expected to be absent from the assisted unit for one hundred twenty (120) consecutive days or less is considered temporarily absent and continues to be considered a Family member. Income, Assets or applicable deductions of a temporarily absent Family member shall be used in the calculation in the determination of the Family’s TTP
5318.2 A Family member who is or is expected to be absent from the assisted unit for more than one hundred twenty (120) consecutive days shall be considered permanently absent and no longer a part of the Family composition with the following exceptions:
(a) A Spouse;
(b) Children placed in foster care who have not been permanently removed from the home;
(c) A Family member hospitalized more than one hundred twenty (120) consecutive days but who is not permanently confined under § 5318.9; or
(d) A Family member who attends school away from home.
5318.3 Income, assets or applicable deductions of a permanently absent Family member shall not be considered in the determination of the TTP. The effective date of the permanent absence shall be one hundred twenty (120) days after the Family member has been permanently absent from the household, regardless of the date the absence is first reported to DCHA.
5318.4 If a child has been placed in foster care, DCHA shall verify with the appropriate agency whether and when the child is expected to be returned to the home. Unless the agency confirms that the child has been permanently removed from the home, the child shall be counted as a Family member. If the Family head receives verification that the child has been permanently removed from the home, the assisted Family must supply the information to DCHA.
5318.5 If a Spouse is absent from the household assisted unit more than one hundred twenty (120) consecutive days the Spouse shall continue to be considered a Family member and the Spouse’s income shall be counted. The Spouse shall remain as part of the assisted household until DCHA receives verification is received documenting that the Spouse has left the household in a divorce action, legal separation, or through other verifiable third party documentation that documents that the Spouse has established a legal residency outside of the assisted household.
5318.6 Acceptable forms of verification shall include:
(a) Court Ordered Separation;
(b) Finalized Divorce Decree;
(c) Verification that a Divorce or Legal Separation has been filed;
(d) A lease at another address;
(e) Bill(s) at another address (utility, gas, etc.);
(f) Court records that reflect incarceration and Court Papers-Documents shall contain the term of the sentence; or
(g) Orders of Protection or other court orders.
5318.7 If a child Family member has been placed in foster care, DCHA shall verify with the appropriate agency whether and when the child is expected to be returned to the home. Unless the agency confirms that the child has been permanently removed from the home, the child shall be counted as a Family member. If the Family Head of Household receives verification that the child has been permanently removed from the home, the assisted Family must supply the information to DCHA.
5318.8 A student, who is not the Head of Household or Spouse, who attends school away from the assisted unit, but lives with the Family during school recesses may be considered temporarily absent or permanently absent at the Family’s discretion.
5318.9 If a Family member is confined to a nursing home or hospital on a permanent basis, that person is no longer considered a Family member and the income of that person is not counted.
5318.10 Upon the return of a permanently absent Family member - The Family shall submit a written request to DCHA for approval of the return of any adult Family members that DCHA has determined to be permanently absent. The individual shall be subject to the eligibility and screening requirements.
5318.11 The Head of Household shall be required to report and declare, in writing, if a member of the Family is permanently or temporarily absent. The Family shall be briefed on the effect of a permanently or temporarily absent Family member as it relates voucher size and TTP.
5319.1 If the Family member is the sole Family member of the household and DCHA has verified that this person is deceased, DCHA shall notify the landlord of immediate HAP contract termination. DCHA shall collect monies owed from the landlord retroactively to the end of the month in which the sole Family member died. The landlord is not entitled to any HAP when the sole Family member has been verified to be deceased even when the landlord is unaware of the death.
5319.2 DCHA shall take corrective actions pursuant to policies in listed in chapter 56 of this title when DCHA has determined that:
(a) A Family has concealed and/or failed to report change in Family composition;
A landlord has breached the HAP contract by knowingly accepting DCHA payments for a unit in which DCHA has determined that the sole Family member is deceased; or
(b) When a live-in aide or any unauthorized persons has continued to live in the subsidized house, concealing to DCHA and/or the landlord that the sole member of the participant Family is deceased.
5319.3 Within thirty (30) days after DCHA learns that the Head of Household is deceased, DCHA shall notify any remaining Family members, in writing sent to the address on file for the Family, of the Family’s rights to continue in the HCVP.
5320.1 A guest can remain in the assisted unit no longer than thirty (30) consecutive days or a total of ninety (90) cumulative calendar days during any twelve (12) month period.
5320.2 Children who are subject to a joint custody arrangement or for whom a Family has visitation privileges and, who are not included as a Family member because they live outside of the assisted household more than fifty percent (50%) of the time, are not subject to the time limitations of guests as described above.
5320.3 A Family may request an exception to this policy for valid reasons (such as, care of a relative recovering from a medical procedure is expected to last forty (40) consecutive days). An exception shall not be made unless the Family can identify and provide documentation of the residence to which the guest will return.
5320.4 Participant must comply with HCVP’s guest stay policies which may be separate from and in addition to any lease term or condition entered into between the assisted Family and owner. If an assisted Family fails to adhere to this policy, they may be terminated from the HCVP.
5320.5 The following types of guests may stay in the unit longer than thirty (30) consecutive days or ninety (90) cumulative days with the prior written approval of DCHA and the property owner:
(a) Minor children where the Head of Household is in a care-giving relationship; and
(b) Persons awaiting DCHA approval as a live-in aide.
5320.6 Written requests for guests to stay in the unit longer than thirty (30) consecutive day or ninety (90) cumulative days shall be made in writing by the Head of Household to the HCVP Office. DCHA shall mail a response to the request via first-class mail within thirty (30) days of the receipt of the request.
5320.7 Guests may remain in the unit while the request is being reviewed, but if DCHA determines that a guest shall not remain in the unit, the guest must vacate the unit within fourteen (14) days’ notice of written disapproval, or after thirty (30) days, whichever occurs later.
5321 HOUSING QUALITY STANDARDS AND INSPECTIONS
5321.1 DCHA is required to inspect each unit receiving assistance under the HCVP to ensure that it is "decent, safe, and sanitary" according to Housing Quality Standards.
5321.2 DCHA has adopted additional local requirements of acceptability, defined in § 5324 and the local District of Columbia Housing Code.
5321.3 A unit must meet Housing Quality Standards to be eligible for a Housing Assistance Payment, both at initial lease-up and so long as the participant Family resides in the unit.
5321.4 There are four types of inspections DCHA shall perform:
(a) Initial;
(b) Annual;
(c) Complaint; and
(d) Quality Assurance.
5321.5 DCHA maintains a listing of units under contract by month to ensure systematic reviews of contract rent, allowances for utilities and other services, and housing quality in accordance with the requirement for biennial recertification. Monetary changes are transmitted to the Accounting Office to affect a change in the next rental payment.
5322 ELIGIBILE TYPES OF HOUSING
5322.1 All structure types can be utilized, including but not limited to single Family, duplex, triplex, fourplex, garden apartment, townhouses, and high-rises.
5322.2 Families may only rent units from relatives as reasonable accommodation for a disability, in accordance with DCHA’s policy as stated in § 4900.3.
5322.3 Housing owned by DCHA is ineligible under the HCVP, as well as units where the Family is being subsidized under other Section 8 programs.
5323 ACCEPTABILITY CRITERIA AND EXCEPTIONS TO Housing Quality Standards
5323.1 DCHA adheres to the acceptability criteria in the federal regulations and HUD Inspection Booklet to ensure the following systems are compliant with HQS:
(a) Food and preparation and refuse disposal;
(b) Space and security;
(c) Thermal environment;
(d) Illumination and electricity;
(e) Structure and materials;
(f) Interior air quality;
(g) Water supply;
(h) Lead-based paint;
(i) Site and neighborhood;
(j) Sanitary conditions; and
(k) Smoke detectors.
5323.2 DCHA may grant a one hundred twenty (120) day extension to the HQS compliance regulations when severe weather prevents immediate repair as long as the deficiency does not create a hazardous condition.
5323.3 All Housing Quality Standards Inspections shall be conducted in accordance with the standards contained in 24 C.F.R. § 982.401 except as noted below:
(a) Utilities shall be turned on for the Housing Quality Standards inspection prior to the execution of a HAP Contract;
(b) If the tenant is supplying the range or refrigerator, the working condition shall be verified at the time of the move in;
(c) DCHA may fail the unit due to unsanitary conditions if exposed food, garbage, and excrement exist to a degree where health may be endangered;
(d) Pilot lights which are present on gas stoves shall be in proper working order;
(e) Trash bags shall not be considered "adequate covered facilities" for trash; and
(f) Adequate heat shall be considered to be 65 degrees Fahrenheit (65°F) within three feet (3 ft.) of the floor and from an exterior wall for all rooms used for living.
5323.4 Violations noted in the Housing Quality Standards that are marked as “Pass with Comments” violations will be considered minor violations. They must be repaired but will not be re-inspected on site but will be subjected to a self-certification by the owner and tenant.
5323.5 Lead-based paint requirements shall apply to dwelling units built prior to 1978 that are occupied or can be occupied by families with children less than six (6) years of age, excluding zero (0) bedroom dwellings.
5323.6 For units occupied by children under six (6) with an elevated environmental intervention blood lead level (lead poisoned), a risk assessment shall be conducted. If lead hazards are identified during the risk assessment, the owner shall complete hazard reduction activities. If the activities are not completed within thirty (30) days, the unit is deemed to be in violation of HQS. Further guidance is contained in the Housing Choice Voucher Guidebook.
5323.7 DCHA may make reasonable accommodations to HQS standards as necessary pursuant to § 4900.3.
5324 CORRECTING HOUSING QUALITY STANDARDS DEFICIENCIES DURING INITIAL INSPECTIONS
5324.1 DCHA shall schedule a timely inspection of the unit upon receipt of a Request for Lease Approval and Lease. The Family and the owner shall be notified of the results.
5324.2 Prior to the scheduled inspection, the participant shall be provided with a pre-inspection checklist to be completed by the owner or landlord and returned to DCHA before the first initial inspection visit.
5324.3 If the unit fails the Housing Quality standards inspection, DCHA shall schedule a re-inspection.
5324.4 On an initial new move-in inspection, the owner shall generally be given fourteen (14) days to correct the items noted as "Fail" depending on the extent of the repairs that have to be made, unless there are extenuating circumstances. However, the owner shall be required to complete the repairs by the Lease Start Date.
5324.5 The owner shall generally be allowed up to one (1) re-inspection for repair work to be completed. Depending on the amount and complexity of work to be done, the Inspections Department may move the re-inspection out beyond fourteen (14) days.
5324.6 If the time period given by the Inspector to correct the repairs (or two (2) failed re-inspections, if required by the Inspector) expires, the Family may select another unit or, if they want to continue to try to lease this unit, the Family and owner shall have to submit another Request for Lease Approval.
5324.7 Upon submission of a Request for Lease Approval and Lease, the term of the voucher is suspended, such that if a unit does not pass Housing Quality Standards, or the lease is not approved by DCHA, the remaining time on the voucher is available to the Family without requesting an extension.
5325 GENERAL POLICIES FOR ANNUAL INSPECTIONS
5325.1 Units shall be inspected at least once during a fiscal year using Housing Quality Standards.
5325.2 If the tenant or owner complains that the unit does not meet Housing Quality Standards, DCHA shall conduct a complaint inspection. The staff has to inspect only the items that the Family or owner are complaining about, but if other violations are noticed during the inspection, the staff shall also note those items and require the owner or Family to repair the violations.
5325.3 The owner or Family shall be given time to correct the failed items. There are two (2) guidelines to use:
(a) If the items endangers the Family's health or safety using the emergency items list at § 5325, the owner or Family shall be given twenty-four (24) hours to correct the violation after being notified; or
(b) For all other cited deficiencies, the owner or Family shall be given up to thirty (30) days to correct the item(s).
5325.4 Minor violations that are listed as “Passed with Comments” on the inspection report shall not be re-inspected on site. Instead the tenant and owner will be given a self-certification form whereby they can certify that the violations have been repaired.
(a) If the Family does not repair those minor violations that are attributable to the Family, the Family will not be approved for a transfer voucher except in emergency circumstances as set forth in § 8500.1; or
(b) If the owner does not repair those minor violations that are attributable to the owner, the owner will not be approved for an annual rent increase.
5326 EMERGENCY REPAIR ITEMS LIST
5326.1 The following items are to be considered of an emergency nature and
shall be corrected by the owner within twenty-four (24) hours of notice by the
Inspector:
(a) Electrical outlet smoking or sparking;
(b) Escaping gas from gas stove;
(c) Major plumbing leaks or flooding;
(d) Natural gas leak or fumes;
(e) Electrical situation which could result in shock or fire;
(f) No heat when outside temperature is below fifty degrees Farenheit (50º F);
(g) Lack of utilities; and
(h) Any other condition the Inspector deems necessary which may cause a threat to tenant's health or safety.
5326.2 If the owner does not make the required emergency repairs within twenty-four (24) hours of notice of the owner violations, Housing Assistance Payments shall be abated in accordance with § 5329.
5326.3 If the Family does not make the required emergency repairs within twenty-four (24) hours of notice of the failed Family violation(s), the Family shall be recommended for termination.
5327 RESPONSIBILITY OF THE FAMILY TO ALLOW INSPECTION
5327.1 DCHA shall be allowed to inspect the unit at reasonable times with reasonable notice. The Family and owner are notified of the inspection appointment by mail. If the Family is not able to be at home, the Family shall call to reschedule the inspection or make arrangements to have an adult Family representative or the landlord present.
5327.2 If the Family misses the inspection appointment and does not arrange for the representative or the landlord to be there, one (1) more inspection or the annual return inspection appointment shall be scheduled.
5327.3 If the Family misses two (2) inspection appointments, DCHA shall consider the Family to have violated a Family obligation and the Family’s assistance may be terminated, following the termination of assistance procedures.
5327.4 If the Family can demonstrate in writing on or before the hearing process that they were unable to complete the inspections at the scheduled times due to a disability, DCHA shall rescind the request for termination. Evidence of the disability shall be provided to the HCVP HQS Inspections Department.
5328 ABATEMENT for housing quality inspection failures
5328.1 When DCHA determines that an assisted unit fails to meet Housing Quality standards as described in 14 DCMR §§ 5320, et. seq., and the owner has been given an opportunity to correct the problem(s) and does not do so within the time frame established by DCHA, the rent for the unit shall be abated.
5328.2 DCHA will notify the owner in the notice scheduling the re-inspection that if the unit fails this re-inspection, abatement may begin effective the first day of the following monthly accounting period. After the unit fails re-inspection, DCHA shall send the owner and participant Family a Contract Cancellation Notice, informing the owner and the participant of the date that the abatement was effective, and the date that the contract will be terminated if a third inspection is not passed.
5328.3 The Contract Cancellation Notice shall also include information for participants on legal service providers.
5328.4 The abatement period shall continue until the unit passes the Housing Abatement Compliance Inspection during the abatement period, or forty-five (45) days have expired from the first of the month following the final failed inspection, whichever comes first.
5328.5 The owner must request the Housing Abatement Compliance Inspection at least ten (10) business days prior to the date of the Contract Cancellation. The owner will be charged a fee for this third inspection. This fee must be paid before the hold on the HAP payments will be released.
5328.6 If the owner fails to request a third and final inspection within forty five (45) days of re-inspection, or the unit fails the third and final inspection the Contract shall terminate effective the date in the Notice pursuant to § 5329.2 or at the time of the final failure, whichever occurs later.
5328.7 If the unit passes final inspection, the HAP Contract shall not be terminated and HAP to the owner shall resume from the date of passed inspection.
5328.8 In the event that DCHA makes overpayments when a unit should have been abated for HQS violations, DCHA shall make every attempt to recapture the overpayments. The Family shall not be responsible to the owner for any part of DCHA’s portion of rent that is recaptured pursuant to this section.
5328.9 DCHA shall have up to one hundred eighty (180) days from the date of the final failed inspection to abate rent.
5329 HOUSING ASSISTANCE PAYMENT CONTRACT TERMINATION
5329.1 If the owner fails to correct all the owner violations cited within the abatement period, the contract shall be cancelled.
5329.2 As noted in § 5329.2, DCHA shall send the owner and Family a HAP Contract Cancellation Notice informing the owner and tenant of the effective date of the cancellation.
5329.3 While the Contract Cancellation notice is pending, the abatement shall remain in effect.
5329.4 The Family shall be given a transfer Voucher:
(d) If the Family is within the first year of the HAP contract, a transfer Voucher shall be issued upon the effective date of the cancellation notice; or
(b) If the Family is outside of the first year of the HAP contract, the transfer Voucher shall be issued upon the tenant making a request as outlined on the Contract Cancellation Notice.
5329.5 When the HAP contract is cancelled for HQS violation(s), and the Cancellation Notice expires, it cannot be reinstated. If repairs are done and the unit passes inspection before the effective cancellation date, the cancellation will automatically be rescinded if the Family chooses to remain in the unit.
5329.6 If the tenant remains in the unit after the cancellation of the HAP contract, the tenant may be liable for payment of DCHA’s portion of the contract rent.
5330 OWNER Housing Assistance PAYMENT RESPONSIBILITIES
5330.1 During the term of the HAP contract, and subject to the provisions of the HAP contract, DCHA shall make monthly HAP payments to the owner on behalf of the Family, at the beginning of each month.
5330.2 If a lease term begins after the first of the month, the HAP payment for the first month is prorated for a partial month for new families only. For transfer vouchers, HAP payments shall always start on the first day of the month.
5330.3 The amount of the HAP payment is determined according to the policies described in local and federal regulations relating to the HCVP, and is subject to change during the term of the HAP contract.
5330.4 DCHA shall notify the owner and the participant in writing of any changes in the HAP payment.
5330.5 HAP payments can be made only during the lease term, and only while the Family is residing in the unit. If the sole member of a household is deceased, the HAP terminates on the last day of the month in which the person dies.
5330.6 The owner shall credit the monthly HAP payment toward the monthly rent under the Family’s lease. The total of the rent paid by the Family, plus DCHA HAP payment, should be equal to the rent specified in the lease.
5330.7 The Family is not responsible for payment of the HAP payment, and DCHA is not responsible for payment of the Family share of rent.
5330.8 The Family’s share of the rent cannot be more than the difference between the total rent to the owner and the HAP payment. The owner may not demand or accept any rent payment from the tenant in excess of this maximum. The owner may not charge the tenant extra amounts for items customarily included in rent in the locality, or provided at no additional cost to unsubsidized tenants in the premises.
5330.9 If the owner receives any excess HAP from DCHA, the excess amount shall be returned immediately.
5330.10 If DCHA determines that the owner is not entitled to all or a portion of the HAP, DCHA may deduct the amount of overpayment from any amounts due to the owner, including amounts due under any other Section 8 HCVP contract.
5330.11 If DCHA deducts overpayments from unit from an owner’s other Section 8 HCV contract, DCHA shall notify the participant Family in writing of the action against the owner. The Family is not responsible for any portion of a HAP that is deducted to cover an overpayment.
5330.12 DCHA shall make HAP payments to owners by electronic transfer to the owner’s bank account or by mailing a check.
5331.1 By endorsing the monthly check from DCHA or accepting payments via direct deposit, the owner certifies to compliance with the terms of the HAP contract. This includes certification that:
(a) The owner remains the owner for the premises leased;
(b) The owner is maintaining the unit and premises in accordance with HQS;
(c) The contract unit is leased to the Family and, to the best of the owner’s knowledge, the Family resides in the unit as the Family’s only residence;
(d) The rent to owner does not exceed rents charged by the owner for comparable unassisted units on the premises; and
(e) The owner does not receive (other than rent to owner) any additional payments or other consideration for rent of the contract unit during the HAP term.
5332.1 If the Family pays for some or all utilities, DCHA shall provide the Family with a utility allowance. The allowances are based on actual rates and average consumption estimates, not on a Family's actual energy consumption. The utility allowance is given as a reduction in the Family’s portion of rent to be paid to the owner.
5332.2 The Family’s share shall be the TTP minus an allowance for utilities based on income determinations as enumerated by 24 C.F.R. § 5.609 and 24 C.F.R. § 5.611.
5332.3 DCHA shall review the Utility Allowance Schedule on an annual basis. If a revision is needed, based on methods required by HUD, the Utility Allowance Schedule shall be revised.
5332.4 Approved utility allowance schedule(s) shall be given to families along with their Housing Voucher. The same schedule(s) shall be used by DCHA to record the actual allowance for the unit the Family selects if there are Family-paid utilities.
5332.5 Where the Utility Allowance exceeds the TTP of the Family, DCHA shall provide a Utility Reimbursement Payment on behalf of the Family each month.
5333.1 Except as noted in this subsection, families may move in accordance with chapter 85 of this title of the DCMR.
5333.2 Each Family shall give notice to move in accordance with chapter 85 of this title of the DCMR.
5333.3 DCHA shall not approve requests to move families more than once in a twelve (12) month period unless one of the exceptions apply:
(a) A victim or Family seeks to move under the protections enumerated in the VAWA;
(b) DCHA terminates the HAP contract with the owner; or
(c) The move is necessary to grant a request for a reasonable accommodation.
5333.4 Families may only request a Voucher transfer briefing if the Family:
(a) Has lived in their unit for at least a year;
(b) Has been recertified for at least fifteen (15) months from the date of transfer request;
(c) Has not been terminated or are currently being recommended for termination;
(d) Is in good standing with the lease in the current unit (no outstanding rent or tenant responsible utility bills); and
(e) Does not have any current tenant-caused HQS violations in their existing unit.
5333.5 If the request is timely and granted, a Family shall only receive one (1) transfer voucher and one (1) transfer briefing between every biennial recertification.
5333.6 Notwithstanding § 5334.4, Families who qualify for emergency transfer vouchers shall be issued a transfer voucher if one (1) or more of the following conditions apply:
(a) The family has demonstrated a need based on the protections for victims of intrafamily violence as explained in § 4907;
(b) DCHA has terminated the HAP contract with the Family’s landlord;
(c) The Owner has initiated eviction proceedings against the Family;
(d) Emergency transfer was granted after request from the OAG as a matter of safety; or
(e) If DCHA determines that the family voucher size is too large, and the family is not within the first year of tenancy.
5333.7 Requests for transfer vouchers made within ninety (90) days of the month of biennial recertification shall be denied unless the Family qualifies for one (1) of the emergency conditions in § 5334.6.
Chapter 81, “Rental Subsidy Programs: Housing Quality Standards and Inspections,” and chapter 84 “Rental Subsidy Programs: Certifications” of title 14, “Housing,” are repealed in their entirety.
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.
