6039431 Housing Authority, DC- Notice of Final Rulemaking- Amending Chapter 83 to create an exception for when DCHA may grant rent increases to owner.

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 83 (Rent and Housing Assistance Payments) of Title 14 (Housing) of the District of Columbia Municipal Regulations (DCMR).

 
The purpose of the amendments is to create an exception for when DCHA may grant rent increases to owner.

 

The proposed rulemaking was published in the D.C. Register on March 25, 2016, at 63 DCR 4461.  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 83, RENT AND HOUSING ASSISTANCE PAYMENTS, of Title 14 DCMR, HOUSING, is amended as follows:

 

Section 8304, RENT INCREASES TO OWNER, is amended to read as follows:

 

8304                RENT INCREASES TO OWNER

 

8304.1             Written Request Required. Owners may request a rent increase no later than ninety (90) days prior to any Family reexamination month. The request must be in writing.

 

8304.2             Amount of Rent Adjustment Rent. The amount of the rent adjustment to the Owner may be adjusted either up or down. Subject to compliance with § 8304.1 above, the adjusted rent to an Owner who has submitted a written request shall be the LESSER of:

 

(a)        The current rent multiplied by the applicable annual adjustment factor published by HUD in effect sixty (60) days before the HAP anniversary date;  or

 

(b)        The reasonable rent as most recently determined (or redetermined) by DCHA; or

 

(c)        The amount requested by the Owner.

 

8304.3             Prerequisites to a Rent Increase. The annual lease rent may not be increased unless:

 

(a)        The Owner has requested a specific increase amount at least ninety (90) days before the Family’s reexamination month; and

 

(b)        The request is made in writing on DCHA provided forms for each unit for which an increase is being requested; and

 

(c)        In the preceding year, the Owner has complied with all requirements of the HAP contract, including compliance with the Housing Quality Standards.

 

8304.4             Timing of any Increases to Rent. Housing Assistance Payment increases, if approved by DCHA, shall be effective as of the first day of the first month commencing on or after the Participant’s reexamination month.

 

8304.5             Exception. Notwithstanding § 8304.1 and §§ 8304.3(a) and (b), subject to the availability of funding, at DCHA’s discretion, DCHA may approve rent increases to Owners, to be effective within thirty (30) days of approval, without a prior written request from the Owner when contract rents are lower than the DCHA approved maximum rent in a submarket. However, DCHA shall only approve a rent increase to an Owner, without a prior written request from the Owner within ninety (90) days of the Family’s reexamination month, when:

 

(a)                The Family has occupied the unit for at least twelve (12) months;

 

(b)               The Owner does not have any current landlord-caused HQS inspection violations related to the unit;

 

(c)                The Owner did not have any HQS landlord-caused final fails related to the unit in the past twelve (12) months; and

 

(d)               The rent increase does not cause the Family to pay more than their current tenant portion of rent.