6039334 Housing Authority, DC- Notice of Final Rulemaking- Amending Chapter 53 to to no longer require Housing Choice Voucher Program participants to report increases in household income between scheduled interims and recertification.  

  • THE DISTRICT OF COLUMBIA HOUSING AUTHORITY

     

    NOTICE OF FINAL RULEMAKING

     

    The Board of Commissioners of the District of Columbia Housing Authority (DCHA), pursuant to the District of Columbia Housing Authority Act of 1999, effective May 9, 2000 (D.C. Law 13-105; D.C. Official Code § 6-203 (2012 Repl.)), hereby gives notice of the adoption of the following amendments to Chapter 53 (Recertifications, Housing Quality Standard Inspections, and Family Moves) of Title 14 (Housing) of the District of Columbia Municipal Regulations (DCMR), in not less than thirty (30) days from the date of publication of this notice in the D.C. Register

     

    The purpose of the amendments is to no longer require Housing Choice Voucher Program participants to report increases in household income between scheduled interims and recertification.

    The proposed rulemaking was published in the D.C. Register on March 25, 2016, at 63 DCR 4458.  This rulemaking was adopted as final at the Board of Commissioners regular meeting on May 11, 2016. The final rules will become effective upon publication of this notice in the D.C. Register.

     

    Chapter 53, RECERTIFICATIONS, HOUSING QUALITY STANDARD INSPECTIONS, AND FAMILY MOVES, of Title 14 DCMR, HOUSING, is amended as follows:

     

    Section 5310, CHANGES IN FAMILY SHARE AND HOUSING ASSISTANCE PAYMENTS, is amended to read as follows:

     

    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 decreases in household income, any removal of a Family member, 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 Owner 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.

     

    Section 5315, CHANGES IN INCOME, is amended to read as follows:

     

    5315                CHANGES IN INCOME

     

    5315.1             Families shall not be required to report any increase in household income between scheduled interims or recertification. Any increase in income shall only be included in the determination of annual household income at the next scheduled recertification. 

     

    5315.2             With the exception of zero-income households, if the Family adds a Family member with a source of income, DCHA shall only include the income, as applicable, in the determination of annual household income at the next scheduled recertification. 

     

    5315.3             Any decreases in income shall be processed in accordance with § 5310.

     

    5315.4             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.