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DISTRICT OF COLUMBIA OFFICE OF THE TENANT ADVOCATE
NOTICE OF PROPOSED RULEMAKING
The District of Columbia Office of the Tenant Advocate (Office), pursuant to its authority under § 10 of the Independent Office of the Tenant Advocate Establishment Amendment Act of 2006, effective October 1, 2007 (D.C. Law 16-181; D.C. Official Code § 42-3531.10(2001; Supp. 2008)), hereby gives notice of its intent to adopt the following new chapter to title 14 of the District of Columbia Municipal Regulations by adding a new chapter 23 entitled “Emergency Housing Assistance Program”.
The purpose of the new chapter is to establish rules for administering the District’s Emergency Housing Assistance Program (Program) established pursuant to § 307(b)(1) of the Rental Housing Conversion and Sale Act of 1980, effective September 10, 1980 (D.C. Law 3-86; D.C. Official Code §42-3403.07 (b)(1)(2001; Supp. 2008). These rules include eligibility criteria, the application process, and the terms and conditions for Program benefits.
These regulations shall be submitted to the District of Columbia Council (Council) for approval as required by D.C. Official Code § 42-3531.10(2001; Supp. 2008) in not less than thirty (30) days from the date of publication of this notice in the D.C. Register. The Office also hereby gives notice of its intent to take final rulemaking action within fifteen (15) days of approval of these regulations by the Council or the expiration of the Council review period, whichever occurs first.
The following new chapter 23, EMERGENCY HOUSING ASSISTANCE PROGRAM, within Title 14 DCMR shall read as follows:
CHAPTER 23 EMERGENCY HOUSING ASSISTANCE PROGRAM
2300 Scope
2301 Determination of a Housing Emergency
2302 Pre-application actions to be followed upon notification of planned closure of rental unit
2303 Pre-application actions to be followed upon notification by a not-for-profit organization of emergency assistance
2304 Application, eligibility criteria for program assistance, and determination
2305 Identification of emergency relocation housing
2306 Limitations on duration of housing stays
2307 Other discretionary assistance
2308 Office payment of moving and storage costs
2309 Office payment of rental application fee
2310 Office payment of security deposit and utility deposit
2311 Office payment of first month’s rent
2312 Per household limitation on program benefits
2300 SCOPE
2300.1 The provisions of this chapter govern the application process, eligibility criteria, methodology for the delivery of services, and terms and conditions for the Emergency Housing Assistance Program (Program) established pursuant to D.C. Official Code § 42-3403.07(b)(1)(2001; Supp. 2008).
2300.2 Nothing in these rules shall be interpreted to mean that Program assistance is an entitlement.
2301 Determination of a Housing Emergency
2301.1 For purposes of this chapter, a housing emergency exists when a tenant household has been displaced from a rental unit due to the closure of the unit by a government agency, a fire, or any other circumstance that renders the accommodation uninhabitable, so long as the closure, fire, or other circumstance was not caused by the neglect or misconduct of a member or guest of the household.
2302 PRE-APPLICATION ACTIONS TO BE FOLLOWED UPON NOTIFICATION OF PLANNED CLOSURE OF RENTAL UNIT
2302.1 Upon receiving official notice in writing from a government agency that the agency will order the closure of a rental accommodation, the District of Columbia Office of the Tenant Advocate (Office) shall undertake the action described in this section.
2302.2 The Office shall consult with persons to be displaced, any representative of such persons, and relevant governmental and non-governmental agencies, in order to determine:
(a) The location of the rental accommodation;
(b) The number of households and the number of persons in each household that will be displaced; and
(c) For a household that includes non-English speaking and limited-English speaking members, whether that household desires English language access services, and make any appropriate referral accordingly.
2302.3 The Office shall provide each tenant or tenant household with written information about the Office and the Program as well as the form (Form) used to apply for Program assistance.
2303 PRE-APPLICATION ACTIONS TO BE FOLLOWED UPON NOTIFICATION BY A not-for-profit organization OF EMERGENCY ASSISTANCE
2303.1 Upon notification from a not-for-profit organization that it is providing emergency assistance to tenants as a result of circumstances that could be considered a housing emergency, the Office shall take the actions described in subsection 2302.2 and:
(a) Shall provide the not-for-profit organization with an information packet and Form for each displaced household or person as set forth in subsection 2302.3 of this chapter; and
(b) Shall ascertain from the not-for-profit organization what other emergency services the not-for-profit organization is providing to displaced tenants and tenant households, such as food cards and public transportation cards.
2303.2 The Office may also, in consultation with the not-for-profit organization, make arrangements for the placement of a household in a hotel or motel or other temporary emergency housing upon the expiration of the not-for-profit organization’s services; provided, that the tenant or tenant household applies for and is granted Program assistance pursuant to section 2304.
2304 APPLICATION, ELIGIBILITY CRITERIA FOR PROGRAM ASSISTANCE, AND DETERMINATION
2304.1 A household wishing to receive Program assistance shall submit a completed application on the form provided by the Office, either in person or by electronic mail, or facsimile using the contact information provided on the Application Form.
2304.2 The Office shall be available to assist each tenant or tenant household in the completion of the Application.
2304.3 In order to qualify for assistance under this Program, an applicant individual or household:
(a) Shall have been displaced or shall be imminently displaced, from a rental unit as a result of a housing emergency that was not caused by the neglect or misconduct of any household member or guest, subject to subsections 2304.5 and 2304.6 of this section;
(b) Shall be a tenant(s) of a unit within the accommodation that is the subject of the housing emergency, and which is the individual’s or household’s sole and primary residence at the time of the emergency;
(c) Shall certify that he/she/it lacks the resources necessary to find affordable replacement housing, including the lack of an insurance policy that covers the expense of emergency or alternative housing; and
(d) Shall agree in writing:
(1) To observe all laws of the District of Columbia;
(2) To observe any “house rules” of the hotel or motel or other accommodation;
(3) Not to cause the Office to incur any expense that the Office has not specifically agreed to provide, such as an optional amenity available at the hotel or motel or other accommodation; and
(4) To abide by any other term or condition for receiving services enumerated in this chapter.
2304.4 On the basis of a completed Application, any documentation provided, and any in-person interviews, the Office shall determine:
(a) The number of households and the number of persons in each household that qualify for Program assistance (Qualified Household) pursuant to subsection 2304.3.
(b) The scope of any Program assistance needed by each qualified household or person, including emergency housing, moving and storage services, and other kinds of assistance set forth in this chapter; and
(c) Factors pursuant to section 2305.4 that may be relevant to locating emergency housing for any Qualified Household or person.
2304.5 Notwithstanding any provision of this section, where a perpetrator of an intra-family offense or violence directly or indirectly caused the emergency, the victim, the parent of a minor victim, or another family member or friend of a victim of the intra-family offense or domestic violence, shall remain eligible to receive Program assistance.
2304.6 Notwithstanding any provision of this section, where the cause of the emergency was the direct or indirect result of a person’s disability, the person with a disability shall remain eligible to receive Program assistance, provided that upon further inquiry the Office determines that the person can safely take advantage of any or all of the services offered under this chapter.
2304.7 Regarding any tenant or tenant household that is currently a recipient of a government housing subsidy, the availability and timing of services provided by the Office under this chapter shall be subject to the cooperation of the D.C. Housing Authority or other relevant government agency, which may be subject to available funding pursuant to federal or local regulations governing the D.C Housing Authority.
2305 Identification of EMERGENCY relocation housing
2305.1 The Office shall make reasonable efforts to find emergency relocation housing for qualified households as set forth in section 2304 of this chapter.
2305.2 For purposes of emergency relocation housing, the Office, at the discretion of the Chief Tenant Advocate, may:
(a) Provide housing in vacant units in a rental accommodation, a hotel or motel, or another appropriate accommodation; or
(b) Refer any person or household, whether or not eligible for Program services, to another governmental or non-governmental agency that provides substantially similar services.
2305.3 To the maximum feasible extent, any emergency relocation housing provided by the Office shall be located in the District.
2305.4 The Office shall take into account information received pursuant to section 2302 in identifying emergency relocation housing for any qualifying household. In particular, the Office shall consider the following factors:
(a) The cost of available accommodations including hotels and motels throughout the District or if necessary the metropolitan region;
(b) The proximity of available accommodations to a particular school or place of employment, if relevant;
(c) The proximity of available accommodations to mass transportation if relevant;
(d) The proximity of available accommodations to affordable eating establishments;
(e) The availability of a kitchen or food preparation area, particularly for households with members who are children, elderly, or have health problems; and
(f) Any other factor that the Office deems to be reasonably necessary to minimize disruption to the lives of persons impacted by the housing emergency.
2305.5 If a qualified household or member of the household rejects emergency housing identified by the Office, that household or household member shall no longer be eligible to receive Program assistance, unless the Chief Tenant Advocate in his or her sole discretion determines that there is a compelling reason to continue to provide such assistance.
2306 LIMITATIONS ON HOUSING STAYS
2306.1 If the identified emergency housing is a hotel or motel, the Office shall, subject to the availability of funds, pay for the emergency housing for a maximum of fourteen (14) days, subject to the following exceptions:
(a) When a Program beneficiary has identified permanent replacement housing that is not yet available for occupancy, the Office may extend the hotel or motel stay for a period of time not to exceed an additional fourteen (14) days; provided, that the Office is able to confirm with the housing provider that the beneficiary may move into the identified unit on a future date certain;
(b) When the move of a Program beneficiary into permanent replacement housing is pending with the D.C. Housing Authority or another government agency, the Office may extend the hotel or motel stay for a period of time not to exceed an additional fourteen (14) days; and
(c) The Chief Tenant Advocate may extend any hotel or motel stay at his or her sole discretion upon determining that the extension is warranted by extraordinary and compelling circumstances.
2306.2 If a not-for-profit organization is providing for a hotel or motel stay, the time periods set forth in subsection 2306.1 shall commence as of the expiration of the not-for-profit organization’s assistance.
2306.3 The Chief Tenant Advocate shall determine the duration of emergency housing assistance at accommodations other than a hotel or motel on the basis of all relevant circumstances including the cost of such assistance.
2306.4 The Office shall make reasonable efforts to notify each beneficiary of the date that benefits under this program will expire, if possible in writing and by hand-delivery, between three (3) and five (5) days prior to the expiration of emergency housing payments. Failure to make such notification shall not result in an extension of benefits under this program.
2306.5 In the event that a beneficiary fails to abide by any term or condition of benefits provided pursuant to this chapter, the Office, at the discretion of the Chief Tenant Advocate, may terminate any or all such benefits without notice.
2306.6 If a hotel’s or motel’s management of its own accord terminates the stay due to the negligence or misconduct of a Program beneficiary, the beneficiary shall no longer be eligible for any Program assistance, unless the Chief Tenant Advocate, in his or her discretion, determines that there is an extraordinary and compelling reason to continue to provide such assistance.
2307 OTHER DISCRETIONARY ASSISTANCE
2307.1 At the discretion of the Chief Tenant Advocate, the Office may provide other kinds of assistance to the extent authorized by law, including those set forth in sections 2308 through 2311, as reasonably necessary for Program beneficiaries to secure permanent relocation housing.
2308 OFFICE PAYMENT OF MOVING AND STORAGE COSTS
2308.1 At the discretion of the Chief Tenant Advocate, the Office may provide financial assistance for moving and storing a beneficiary’s personal property, provided that payment shall be made by the Office directly to the moving or storage vendor approved by the Office.
2308.2 The Office shall not provide financial assistance for storing a beneficiary’s personal property for more than sixty (60) days.
2308.3 Whenever necessary and feasible, and in consultation with the tenants, their representatives, the property owner, and other relevant agencies, the Office shall help arrange a time for tenants to reenter the premises from which they were displaced for the purpose of claiming, packing, labeling, and removing personal belongings.
2309 OFFICE payment of rental APPLICATION FEE
2309.1 At the discretion of the Chief Tenant Advocate, based on relevant circumstances including financial need, the Office may help the beneficiary secure permanent relocation housing by providing the rental application fee.
2310 OFFICE PAYMENT OF Security deposit AND UTILITY DEPOSIT
2310.1 At the discretion of the Chief Tenant Advocate, the Office may provide the security deposit for a beneficiary’s permanent relocation housing, so long as the beneficiary complies with subsection 2310.2 and the housing provider complies with subsection 110.3 of this chapter.
2310.2 In order for the Office to provide the security deposit the beneficiary shall:
(a) Not have received any extension of a hotel or motel stay pursuant to subsection 2306.1;
(b) Waive in writing any claim to the return of the security deposit or interest on the security deposit; and
(c) Agree in writing to maintain the premises in a condition as good as the condition of the premises upon the commencement of the tenancy, except for normal wear and tear.
2310.3 In order for the Office to provide the security deposit the housing provider shall agree in writing to:
(a) Accept payment directly from the Office;
(b) Comply with relevant security deposit regulations as if the Office has the rights of tenancy therein;
(c) Annually certify to the Office as to the status of the beneficiary’s tenancy and the amount of interest earned on the security deposit;
(d) Permit the Office to observe the move-out inspection; and
(e) Upon the termination of the beneficiary’s tenancy, either:
(1) Return the security deposit in full, and any interest earned on the security deposit in full, directly to the Office; or
(2) Within forty-five (45) days of the termination of the beneficiary’s tenancy, return to the Office the difference between the security deposit plus the interest on security deposit and any legitimate deductions taken pursuant to the security deposit regulations in chapter 3 of this title.
2310.4 At the discretion of the Chief Tenant Advocate, the Office may provide a utility deposit for a beneficiary’s permanent relocation housing, so long as:
(a) The beneficiary has not received any extension of a hotel or motel stay pursuant to subsection 106.1;
(b) The beneficiary waives any claim to the return of the utility deposit or interest on the utility deposit; and
(c) The housing provider or utility, as the case may be, agrees in writing to:
(1) Accept direct payment from the Office; and
(2) Return the utility deposit and any interest earned on the utility deposit to the Office upon the termination of the beneficiary’s tenancy, or at such time as the utility deposit would ordinarily be returned.
2311 office payment of First month’s rent
2311.1 At the discretion of the Chief Tenant Advocate, the Office may provide the first month’s rent for a beneficiary’s permanent relocation housing, so long as:
(a) The beneficiary demonstrates the need for this assistance to the satisfaction of the Chief Tenant Advocate; and
(b) The housing provider agrees in writing to accept payment of the first month’s rent directly from the Office.
2312 Per Household Limitation on Program benefits
2312.1 In any twelve (12)-month period, the total Program expenditure for a household consisting of a single person (single-occupancy household) shall not exceed the sum of the following items:
(a) The average daily single-occupancy hotel rate as calculated by the Office on the basis of costs incurred by the Office over the previous twelve (12) months, multiplied by twenty-eight (28);
(b) The current single-occupancy monthly fair market rent for the Washington-Arlington-Alexandria area as published by the United States Department of Housing and Urban Development (HUD);
(c) The current single-occupancy monthly utility allowance for HUD’s tenant-based voucher program as determined by the D.C. Housing Authority;
(d) The average cost of moving for a single-occupancy household as calculated by the Office on the basis of such costs incurred by the Office over the previous twelve (12) months or a longer period of time; and
(e) The average cost of storing the personal property of a single-occupancy household for a sixty (60)-day period as calculated by the Office on the basis of such costs incurred by the Office over the previous twelve (12) months.
2312.2 For any household with more than one (1) member, the total Program expenditure shall not exceed the sum of the items enumerated in subsection 112.1 adjusted for household size.
All persons desiring to comment on these proposed regulations should submit comments in writing to Joel Cohn, Legislative Director, D.C. Office of the Tenant Advocate, 2000 14th Street, NW, Suite 300 North, Washington, D.C. 20009, or via e-mail at joel.cohn@dc.gov, no later than thirty (30) days after publication of this notice in the D.C. Register. Free copies are available on the OTA website at http://ota.dc.gov by going to the “Legislation and Rulemaking” link and then clicking on the “Agency Rulemaking” tab.
