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THE DISTRICT OF COLUMBIA HOUSING AUTHORITY
NOTICE OF FINAL RULEMAKING
The Board of Commissioners of the District of Columbia Housing Authority (DCHA) pursuant to D.C. Official Code § 6-203 (2008 Repl.), hereby gives notice of the adoption of a new chapter 49 of title 14 of the District of Columbia Municipal Regulations. The final regulations set forth new policies for the administration of the Housing Choice Voucher Program.
The first proposed rulemaking was published in the D.C. Register on February 17, 2012, at 59 DCR 1265. Final action to adopt this rulemaking was taken at the Board of Commissioners regular meeting on June 13, 2012. The final rules will become effective upon publication of this notice in the D.C. Register.
Chapter 49 “Purpose and Scope of Housing Choice Voucher Program Administrative Plan,” of title 14, “Housing,” of the DCMR is added as follows:
CHAPTER 49
PURPOSE AND SCOPE OF HOUSING CHOICE VOUCHER PROGRAM ADMINISTRATIVE PLAN
4900 STATEMENT OF POLICIES AND OBJECTIVES
4900.1 The Section 8 Program was established by the Housing and Community Development Act of 1974, 42 U.S.C. § 1437 (1976), and amended by the Housing and Community Development Act of 1981 (Pub. L. 97-35), the Housing and Urban-Rural Recovery Act of 1983 (Pub .L. 98-181), the Technical Amendments Act of 1984 (Pub. L. 98-479), and the Housing and Community Development Act of 1987 (42 U.S.C. § 3543).
4900.2 Administration of the Housing Program and the functions and responsibilities of the District of Columbia Housing Authority (DCHA) shall be in compliance with the personnel policy of DCHA, the Equal Opportunity Plan, and the Department of Housing and Urban Development’s (HUD) Housing Choice Voucher Procedures Manual.
4900.3 Administration of the Housing Choice Voucher Program (HCVP) shall be consistent with all federal, state, and local laws, including but not limited to:
(a) Fair Housing Act (42 U.S.C. §§ 3601, et seq.);
(b) Federal and D.C. Fair Housing regulations;
(c) D.C. Human Rights Act (D.C. Official Code §§ 2-1401.01, et seq. (2011 Supp.));
(d) American with Disabilities Act (ADA) (42 U.S.C §§ 12101, et seq.);
(e) Violence Against Women Act (VAWA) (42 U.S.C. § 13981); and
(f) Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §§ 701, et seq.).
4901 STATEMENT OF LOCAL OBJECTIVES
4901.1 Consistent with the purpose and policy of the United States Housing Act of 1937, as amended, the mission of DCHA is to provide rental assistance for decent, safe, and affordable housing to eligible families in accordance with the provisions set forth in section 24 of the Code of Federal Regulations, other applicable sections of the Code of Federal Regulations, and applicable HUD notices and guidance.
4901.2 In addition, through the creative use of federal grants and local resources, DCHA seeks to respond to special local housing concerns such as homelessness and the de-institutionalization of mental health care consumers.
4901.3 This Administrative Plan (Plan), comprising chapters 49 through 59 of this title of the DCMR, outlines how DCHA shall implement the requirements found in the applicable federal laws, regulations, and notices, as well as the requirements of the District of Columbia Code regarding the Housing Choice Voucher Program.
4902.1 The HCVP is designed to achieve four major objectives:
(a) To provide improved living conditions for very low-income families while maintaining their rent payments at an affordable level;
(b) To promote freedom of housing choice and spatial deconcentration of lower income and minority families;
(c) To provide decent, safe, and sanitary housing for eligible participants; and
(d) To provide incentives to private property owners to rent to lower income families by offering timely assistance payments and protection against unpaid rent, damages, and vacancy loss.
4902.2 HUD chose DCHA as a Moving-to-Work (MTW) agency and has a HUD-approved MTW plan that shall be updated every two (2) years. This program has been named Making an IMPACT. This Administrative Plan is designed to implement the MTW goals applicable to the HCVP. These goals are to:
(a) Develop enhanced housing opportunities;
(b) Sustain quality property management;
(c) Achieve effective customer support services; and
(d) Organize efficient businesslike operating systems.
4902.3 DCHA is responsible for complying with all subsequent changes in HUD regulations pertaining to the HCVP-administered programs. If such changes conflict with this Plan, HUD regulations shall control.
4902.4 DCHA is legally permitted to enter into contracts within the jurisdictional boundaries known as the District of Columbia.
4903 Applicability of the administrative plan
4903.1 This Plan, comprising chapters 49 through 59 of this title of the DCMR:
(a) Outlines how DCHA shall implement the requirements found in the applicable federal laws, regulations, and notices, as well as the requirements of the District of Columbia Code related to HVCP; and
(b) Establishes policies for items which are not covered under other chapters of the DCMR or Federal regulations for the following programs directly funded by HUD and administered by DCHA’s HCVP office:
(1) Tenant-Based Vouchers;
(2) Project-Based Vouchers;
(3) Enhanced Vouchers;
(4) Family Unification Program Vouchers;
(5) Veterans Affairs Supportive Housing (VASH) Vouchers;
(6) Mainstream and Non-Elderly Disabled Vouchers;
(7) Homeownership Vouchers;
(8) Portable Vouchers;
(9) Set-asides for Special Needs Populations as determined by the Board of Commissioners; and
(10) Moderate Rehabilitation Program.
4903.2 There are certain issues that may not be addressed in the Plan related to HCVP applicants and participants where DCHA turns to guidance provided by the HUD Housing Choice Voucher Guidebook, Federal regulations, HUD Memos and Notices, and guidelines or other applicable law.
4903.3 This Administrative Plan was adopted by a resolution of DCHA Board of Commissioners on June 13, 2012.
4903.4 This Plan replaces any Plans before it with the exception of chapters 2D and 17A.2 through 17A.4 of the preceding Administrative Plan.
4903.5 The Board of Commissioners shall approve any changes to the Plan.
4903.6 The Administrative Plan incorporates by reference portions of title 14 of the DCMR, as follows:
(a) Chapter 61– Admissions and Recertifications;
(b) Chapter 74 – Reasonable Accommodation Policies and Procedures;
(c) Chapter 83 – Rent and Housing Assistance Payments;
(d) Chapter 85 – Housing Choice Voucher Program: Participant Moves;
(e) Chapter 89 – Informal Hearing Procedures for Applicants and Participants of the Housing Choice Voucher and Moderate Rehabilitation Program;
(f) Chapter 92 – Housing Choice Voucher/Home Ownership Assistance Program (HCV/HOAP); and
(g)
(h) Chapter 93 – Partnership Program for Affordable Housing.
4903.7 To the extent that other chapters of title 14 of the DCMR regulate areas relating to the HCVP, the Administrative Plan shall control unless otherwise indicated by the Administrative Plan.
4903.8 If other chapters of title 14 of the DCMR regulate areas that apply to HCVP where the Administrative Plan is silent, those regulations shall control.
4903.9 Pursuant to D.C. Official Code § 6-227(c) (2008 Repl.), this Administrative Plan applies to locally funded programs except to the extent that:
(a) Such program has unique rules and procedures for its administration; and
(b) The Administrative Plan is inconsistent with any of the unique rules and procedures or applicable local or federal regulations.
4904 Veterans AffaIRS Supportive Housing – SPECIAL PROGRAM RULES
4904.1 Veterans Affairs Supportive Housing (VASH) vouchers are generally administered in accordance with the HCVP tenant-based rental assistance regulations set forth at 24 C.F.R. § 982, the DCMR, and this Administrative Plan.
4904.2 To be HUD-VASH eligible, a family must include at least one homeless veteran. Section 8(o)(19) of the United States Housing Act of 1937, 42 U.S.C. § 1437f(o)(19) (2006) requires homeless veterans to have chronic mental illnesses or chronic substance use disorders with treatment of these disorders required as a condition of receipt of HUD-VASH assistance. This requirement shall be waived for the VASH program.
4904.3 HUD has prescribed additional operating requirements for this program which DCHA shall follow. Those additional requirements can be found in Department of Housing and Urban Development, Section 8 Housing Choice Vouchers: Implementation of the HUD-VA Supportive Housing Program, Docket No. FR-5211-N-01.
4904.4 Pursuant to the guidance issued by HUD, if DCHA recommends a VASH participant for termination, DCHA may first consult with the VASH participant’s case manager prior to terminating to discuss the reasons for terminating and discuss whether termination can be avoided.
4904.5 If HUD waives or specifies alternative requirements in connection with the VASH Program, DCHA shall incorporate these changes in the administration of the VASH Program where applicable.
4904.6 Upon turnover, HUD-VASH vouchers shall be issued to eligible families as identified by the Veterans Affair Medical Center (VAMC).
4904.7 If a HUD-VASH voucher participant no longer requires case management by VAMC, he or she may qualify to receive a voucher under the regular HCVP. DCHA has allotted a certain number of vouchers specifically for veterans in this situation.
4904.8 VAMC shall be responsible for maintaining lists of eligible veterans requesting a voucher who do not qualify for case management.
4905.1 The following provisions of the Administrative Plan shall not apply to the Moderate Rehabilitation program, as defined at 24 C.F.R. § 882:
(a) 14 DCMR chapter 52 – Briefing of Families and Issuance of Vouchers;
(b) 14 DCMR § 5103 - Mandatory Social Security Numbers;
(c) 14 DCMR § 5107 - Family Consent to Release of Information;
(d) 14 DCMR chapter 55 - Portability; and
(e) 14 DCMR chapter 85 – Housing Choice Voucher Program: Participant Moves.
4905.2 The following annual and special rent adjustments policies shall apply:(a) DCHA shall adjust the Contract Rent upon receipt of a revised Contract Rent schedule from the owner, provided that each unit is in decent, safe, and sanitary condition and that the owner is otherwise in compliance with the terms of the Lease and HUD Tenancy Addendum;
(b) The Annual Adjustment Factors which HUD publishes shall be utilized in calculating the Family’s rent. On or after each annual anniversary date of the Contract, the Contract Rent may be adjusted in accordance with HUD procedures, effective for the month following the submittal by the Owner of a revised schedule of Contract Rents. The changes in rent as a result of the adjustment cannot exceed the amount established by multiplying the Annual Adjustment Factor by the base rents;
(c) Approved rent adjustments as provided in this section shall not result in material differences between the rents charged for assisted and comparable unassisted units;
(d) The participant’s Security Deposit shall be the lesser of the Total Tenant Payment (TTP) or fifty dollars ($50), which is the maximum permissible security deposit;
(e) DHCA shall pay vacancy claims for up to sixty (60) Days at eighty percent (80%) of the Housing Assistance Payment (HAP) of the previous tenant; and
(f) DCHA does not pay any claims for damages.
4906.1 DCHA shall comply fully with all federal, state, and local nondiscrimination laws in accordance with the rules and regulations governing Fair Housing and Equal Opportunity in housing and employment.
4906.2 Specifically, DCHA shall not on account of race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, familial status, family responsibilities, genetic information, disability, matriculation, political affiliation, source of income, status as a victim of an intrafamily offense, or place of residence or business deny any Family or individual the opportunity to apply for or receive assistance under HUD's Section 8 Housing Voucher Program within the requirements of the HUD regulations and the D.C. Human Rights Act.
4906.3 To further its commitment to full compliance with applicable civil rights laws, DCHA shall provide information to participants regarding discrimination and any recourse available to them should they feel they have been the victim of discrimination on one (1) or more protected grounds. Such information shall be made available during the Family briefing session and all applicable Fair Housing Information and Discrimination Complaint Forms shall be made a part of the briefing packet.
4906.4 DCHA subscribes to HUD's "open-housing" policy and, as such, shall maintain lists of available housing submitted by owners and in all neighborhoods within DCHA's jurisdiction to ensure "greater mobility and housing choice" to low-income households that DCHA serves.
4906.5 DCHA shall review and update its Equal Opportunity Housing Plan annually to ensure that these objectives are being met.
4907 protections for applicants and participants under the violence against women act
4907.1 in certain circumstances, as further explained below, applicants or participants may be afforded additional protections from HCVP requirements and policies under the Violence Against Women Act (VAWA). DCHA shall comply with the terms of VAWA in administration of the HCVP.
4907.2 If a Family composition changes due to a member of the assisted Family engaging in criminal acts of physical violence against one or more other Family members or other people and the victim is part of the assisted Family, the perpetrator may not be considered a remaining Family member or an eligible Family member.
4907.3 In making its decision as to who retains assistance, DCHA shall consider all credible evidence, including, but not limited to, a signed certification, HUD Form-50066, or other documentation of abuse submitted to DCHA by the victim in accordance with VAWA.
4907.4 Pursuant to 24 C.F.R. § 5.2005(c) the denial of continued HCVP assistance to a Family member who engages in criminal acts of violence against Family members or others shall be considered a form of termination of the individual Family member. Should DCHA choose to exercise this authority, it shall follow the same procedures as described in chapters 58 and 89 of this title of the DCMR when terminating assistance to such an individual as it would when terminating the assistance of an entire Family.
4907.6 Notwithstanding § 4907.5, an owner may still evict a tenant for a lease violation unrelated to domestic violence, provided that the owner does not subject such a tenant to a more demanding standard than other tenants in making the determination whether to evict or terminate the tenancy.
4907.7 A victim of domestic violence, sexual violence, dating violence, or stalking who is absent for more than one hundred twenty (120) days may still be considered a Family member based on documentation that the victim is expected to return to the Family in a reasonable time if the victim provides DCHA documentation from a social worker, police officer, shelter, or other qualified agency regarding the incident or incidences of domestic violence and current housing arrangements for the applicant Family.
4907.8 If a Family or Family member participant who has been a victim of domestic violence, dating violence, or stalking by an individual, the participant may port to another PHA jurisdiction in violation of the lease as explained in chapter 55 of this title of the DCMR so long as the Family has complied with all other obligations.
4907.9 If a Family or Family member participant who has been the victim of domestic violence, dating violence, stalking, sexual assault, or an intrafamily offense moves in violation of the lease, DCHA shall not terminate assistance if the move was related to the act.
4907.10 A Family may document an incident or incidences of domestic violence, dating violence, or stalking as follows:
(a) The HUD-approved certification HUD Form-50066;
(b) Federal, state, tribal, territorial, or local police record;
(c) Documentation signed by an employee, agent, or volunteer of a victim service provider oran attorney or medical provider from whom the victim has sought assistance in the situation; or
(d) Other acceptable documentation in order to verify the Family’s claim of domestic violence, sexual violence, dating violence, or stalking.
4907.11 DCHA shall keep such information confidential in accordance with VAWA and its implementing regulations.
4907.12 If DCHA receives conflicting certification documents of domestic violence from two or more members of a household, each claiming to be a victim and naming one 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 VAWA and its implementing regulations.
4908 DECONCENTRATION OF POVERTY
4908.1 DCHA encourages owners of decent, safe, and sanitary housing units to lease to Housing Choice Voucher families by encouraging program participation by owners of units located outside areas of poverty or minority concentration.
4908.2 DCHA encourages program participation by owners of units in low poverty areas by initiating personal contact with owners and managers by conducting formal and informal discussions and meetings to encourage participation of owners of units located outside areas of poverty or minority concentration.
4908.3 DCHA shall periodically evaluate the geographic distribution of assisted families to identify areas within the jurisdiction where owner outreach should be targeted. The purpose of these activities is to provide more choices and better housing opportunities to families. DCHA shall hold briefings for those owners who were identified as owners of units within these targeted areas.
4909.1 DCHA issues invitations to owners as needed to make dwelling units available for leasing by eligible families in accordance with the Equal Opportunity Housing Plan. DCHA welcomes the continuous participation of owners of decent, safe, and sanitary housing units.
4909.2 DCHA shall maintain a list of interested owners and their properties which are available for HCVP. As inquiries from prospective new owners are received, program staff records the necessary information on units and shall make such information available to prospective participants upon request.
4909.3 Owner meetings with HCVP staff shall be held periodically to maintain a positive relationship and to provide owners further knowledge regarding Program rules and operations.
4910.1 DCHA continues to publicize and disseminate information, as needed, concerning the availability and nature of housing assistance for very low income families. Upon execution of an Annual Contributions Contract (ACC) for additional units, DCHA shall make known to the public through publication in a newspaper of general circulation, minority media, and other suitable means the availability and nature of housing assistance for very low income families, unless application taking has been suspended according to HUD regulations or there is a sufficient number of families on DCHA's waiting list that advertising would not be necessary.
4910.2 The Notice to the public pursuant to § 4910.1 shall:
(a) Advise families that applications shall be taken at the Client Placement Division;
(b) Briefly describe the Housing Choice Voucher program; and
(c) State that applicants for Public Housing may also apply for the HCVP and shall not lose their place on the Public Housing waiting list.
4910.3 When notice to the public is required per § 4910.1, DCHA shall also distribute fact sheets to the broadcasting media in order to reach persons who cannot read. DCHA shall also make personal contacts with the news media and with community service organizations.
4911.1 In conjunction with the HUD Form-50058, applicant and participant families shall be required to sign the Federal Privacy Act Statement, which states under what conditions HUD will release Family and owner information.
4911.2 DCHA shall only release information to third parties under one or more of the following circumstances:
(a) With the signed and written consent of the Head of Household;
(b) To HUD or other Housing agencies on amounts owed to DCHA for claims paid and not reimbursed by a participant or landlord regardless of whether there is a repayment agreement; or
(c) As permitted or required by law.
