4952740 Housing Authority, DC - Notice of Final Rulemaking - Rent Increases to Owners in the Housing Choice Voucher Program

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 Increases to Owner) of Title 14 (Housing) of the District of Columbia Municipal Regulations (DCMR). 

 

The purpose of the amendments is to allow DCHA to approve rent increases to Owners in the Housing Choice Voucher Program, which will create more affordable housing in the District of Columbia.  

 

The proposed rulemaking was published in the D.C. Register on May 9, 2014, at 60 DCR  004729.  This rulemaking was adopted as final at the Board of Commissioners’ regular meeting on June 11, 2014.  The final rules will become effective upon publication of this notice in the D.C. Register.

 

Chapter 83 (Rent Increases to Owner), of Title 14 (Housing), of the DCMR is amended as follows:

 

Section 8304 is amended as follows:

 

8304                RENT INCREASES TO OWNER

 

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

 

8304.2             Amount of Rent Adjustment Rent 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 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 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             At its discretion DCHA may approve higher rents, subject to the availability of funding, in instances where contract rents are substantially lower than the DCHA approved maximum rent in a submarket.