-
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 52 of title 14 of the District of Columbia Municipal Regulations. The final regulations set forth new policies for 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 1284. 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 52 “Briefing of Families and Issuance of Vouchers,” of title 14, “Housing,” of the DCMR is added as follows:
CHAPTER 52
BRIEFING OF FAMILIES AND ISSUANCE OF VOUCHERS
5201.1 The purpose of the briefing is to fully inform the applicant Family about the HCVP so that the applicant Family will be able to discuss it with participating owners. Applicants shall be informed of the differences between the Housing Choice Voucher programs.
5201.2 DCHA shall give each Family accepted into the Program an oral briefing and provide the Family with a briefing packet containing written information about the Program.
5201.3 Families may be briefed individually or in groups. At the briefing, DCHA shall ensure effective communication in accordance with the requirements of relevant sections of the following federal and local statutes:
(a) Section 504 of the Rehabilitation Act (29 U.S.C. §§ 701, et seq.);
(b) The D.C. Language Access Act (D.C. Official Code §§ 2-1931, et seq. (2007 Repl.));
(c) The Fair Housing Act (42 U.S.C. §§ 3601, et seq.);
(d) The D.C. Human Rights Act (D.C. Official Code §§ 2-1401.01, et seq. (2011 Supp.)); and
(e) The Americans with Disabilities Act (42 U.S.C. §§ 12101, et seq.).
5201.4 DCHA shall ensure that the briefing site is accessible to individuals with disabilities. Applicants with disabilities may request that DCHA provide other reasonable accommodations when conducting briefings.
5201.5 The Head of Household shall be required to attend the briefing. DCHA will encourage other adult Family members to participate in the briefing. All adult Family members are responsible for complying with the Family Obligations section in chapter 58 of this title of the DCMR even if they do not attend the briefing.
5201.6 Families that attend group briefings and still need individual assistance shall be referred to an appropriate DCHA staff person.
5202 NOTIFICATION AND ATTENDANCE
5202.1 HCVP shall notify Families in writing, by first class mail or hand delivery, of their eligibility for assistance at the time that they are invited to attend a briefing. The notice shall identify who is required to attend the briefing, as well as the date and time of the scheduled briefing.
5202.2 If the notice is returned by the U.S. Postal Service with no forwarding address, the applicant Family shall be denied and their name shall not be placed back on the waiting list in accordance with § 6103, unless the applicant Family can show that the mail was not received due to error by the Postal Service or DCHA. DCHA shall document when a briefing notice is mailed to the address on record and keep the information in the applicant Family’s file.
5202.3 Applicants who fail to attend a scheduled briefing shall automatically be scheduled for another briefing in a letter by first class mail. Applicants who fail to attend two (2) scheduled briefings, without DCHA approval, shall be denied assistance.
5202.4 An applicant Family that is denied for assistance for failing to attend the Family briefing shall be notified in writing by first class mail and the notice shall inform the Family of their right to an informal hearing under chapter 89 of this title of the DCMR.
5203.1 Each briefing shall provide information on the following subjects:
(a) How the Housing Choice Voucher Program works;
(b) Family and owner responsibilities;
(c) Where the Family can lease a unit, including renting a unit inside or outside DCHA’s jurisdiction;
(d) For families eligible under portability, an explanation of portability; and
(e) An explanation of the advantages of moving to areas outside of high-poverty concentrations.
5204.1 Documents and information provided in the briefing packet shall include the following:
(a) The term of the Voucher and DCHA’s policies on any extensions of the term;
(b) A description of the method used to calculate the Housing Assistance Payment (HAP) for a Family, including:
(1) How DCHA determines the payment standard for a Family;
(2) How DCHA determines Total Tenant Payment (TTP) for a Family; and
(3) Information on the payment standard and utility allowance schedule;
(c) An explanation of how DCHA determines the maximum allowable rent for an assisted unit;
(d) Where the Family may lease a unit;
(e) The HUD-required Lease Addendum which shall be included in the lease.
(f) The form the Family shall use to request approval of tenancy, and a description of the procedure for requesting approval for a tenancy;
(g) A statement of DCHA policy on providing information about families to prospective owners;
(h) DCHA subsidy standards including when and how exceptions are made;
(i) The HUD brochure on how to select a unit;
(j) The HUD pamphlet on lead-based paint entitled Protect Your Family from Lead in Your Home;
(k) Information on federal, state, and local equal opportunity laws and a copy of the housing discrimination complaint form;
(l) Information on an applicant or participant’s rights under VAWA, including the right to confidentiality and the exceptions;
(m) Information on how to access a web based list of landlords willing to lease to assisted families and other resources to assist with housing search;
(n) Notice that if the Family includes a person with disabilities, the Family may request a list of available accessible units known to DCHA;
(o) The Family Obligations under the Program;
(p) The grounds on which DCHA may terminate assistance for a Family because of Family action or failure to act;
(q) DCHA informal hearing procedures including when DCHA is required to offer a Family the opportunity for an informal hearing and how to request a hearing;
(r) Maps showing areas with housing opportunities outside areas of poverty or minority concentration, both within the District of Columbia and in its neighboring jurisdictions;
(s) Information about the characteristics of areas outside of poverty or minority concentration, including job opportunities, schools, transportation, and other services;
(t) An explanation of how portability works, including a list of portability contact persons for neighboring PHA's including names, addresses, and telephone numbers; and
(u) The publication Things You Should Know (HUD-1140-OIG) that explains the types of actions a Family shall avoid and the penalties for program abuse.
5205 DETERMINATION OF VOUCHER SIZE
5205.1 The Voucher size is used to determine the maximum rent subsidy for a Family assisted in the HCVP.
5205.2 The following requirements apply when DCHA determines Voucher size under the subsidy standards:
(a) The subsidy standards shall provide for the lowest number of bedrooms needed to house a Family without overcrowding;
(b) The subsidy standards shall be consistent with space requirements under the Housing Quality Standards contained in § 5321;
(c) The subsidy standards shall be applied consistently for all families of like size and composition;
(d) A child who is temporarily away from the home because of placement in foster care is considered a member of the Family in determining the Voucher size;
(e) A live-in aide, approved by DCHA, shall be counted in determining the Voucher size;
(f) Foster children and adult wards shall be included in the determination of the Voucher size; and
(g) The Voucher size for any Family consisting of a single person shall only be a one (1)-bedroom.
5205.3 DCHA shall assign one (1)-bedroom for the Head of Household and/or a Spouse and an additional bedroom for each two (2) persons within the household with the following exceptions:
(a) Children of the opposite gender shall be allocated separate bedrooms once one of the children is over the age of five (5) or if one of the children will turn five (5) within the initial term of the voucher.
(b) Children of the same gender shall be allocated one (1) bedroom. Beginning at age thirteen (13), if there is a difference of five (5) years or more, children of the same gender shall have separate bedrooms.
(c) Adult Family members shall not be allocated a bedroom with a minor.
(d) A bedroom shall not be assigned to an unborn child; and
(e) A live-in aide approved by DCHA shall be allocated an individual bedroom.
5205.4 Considerations to persons attending school away from home shall be in accordance with DCHA policies regarding absent Family members under § 5319.
5206 EXCEPTIONS TO VOUCHER SIZE
5206.1 In determining the Voucher size for a particular Family, DCHA may grant an exception to the subsidy standards set forth in § 5205 if DCHA determines that the exception is justified by the age, sex, gender identity, health, or disability of one (1) or more of the Family members.
5206.2 For a single person who is not elderly, disabled, or a remaining Family member as explained in § 5317.8, an exception cannot override the regulatory limit of a one (1) bedroom unit.
5206.3 The Family shall request any exceptions to the Voucher sizes in writing to DCHA. The request shall explain the need or justification for a larger Family unit size, and shall include appropriate documentation. Family requests based on health-related reasons shall be verified by a knowledgeable professional source (such as a doctor or health professional).
5206.4 DCHA shall notify the Family of its determination within thirty (30) days of receiving the Family’s request for an exception. If a participant Family’s request is denied, the notice shall inform the Family of their right to an informal hearing under 89 of this title of the DCMR.
5207 Live-In Aides guidelines for participants
5207.1 DCHA shall approve a live-in aide if needed as a reasonable accommodation, in accordance with chapters 49 and 74 of this title of the DCMR, to make the unit and Program accessible to and usable by a Family member who is elderly, near-elderly, or who has disabilities.
5207.2 DCHA must approve any person that the Family identifies as a live-in aide. A Family’s request for a live-in aide shall be made in writing, and a specific person shall be identified as the requested live-in aide.
5207.3 If the Family member requesting a live-in aide is unable to submit the request in writing, DCHA shall assist with preparing the request. Family members who make an oral request for a live-in aide shall be instructed that the request must be written and that HCVP staff will assist in reducing the request to writing.
5207.4 The Family and live-in aide shall be required to submit a certification stating that the live-in aide is:
(a) Not obligated for the financial support of the Family member(s) needing the care; and
(b) Would not be living in the unit except to provide the necessary supportive services.
5207.5 Verification shall be required from a reliable, knowledgeable professional, such as a doctor, social worker, or case worker, stating that the live-in aide would provide necessary support services for an elderly, near-elderly, or disabled Family member so that the unit and the Program are accessible to the family member.
5207.6 The person identified by the Family as the desired live-in aide shall be required to submit to a criminal background screening prior to DCHA’s final determination.
5207.7 DCHA shall not approve a live-in aide or may withdraw such approval if:
(a) The person is a current member of the assisted Family;
(b) The Family fails to identify a specific person they wish to designate as a live-in aide;
(c) The person is an occasional, intermittent, or rotating care giver;
(d) The person is a caregiver who only spends the night;
(e) The person has committed fraud, bribery, or any other corrupt or criminal act in connection with any federal housing program;
(f) The person has committed any drug-related criminal activity or violent criminal activity; or
(g) The person currently owes rent or other amounts to DCHA or to another PHA in connection with Section 8 or Public Housing assistance under the United States Housing Act of 1937, 42 U.S.C. § 1437 (1976).
5207.8 Once DCHA receives a request for a live-in aide, including all required documentation related to the request, DCHA shall notify the Family of its decision in writing within thirty (30) days.
5207.9 If a Family’s request for a live-in aide is denied, the notice shall inform the Family of the reason for the denial and of the right to an informal hearing pursuant to chapter 89 of this title of the DCMR.
5207.10 An applicant or participant Family shall have the opportunity to receive an informal review when DCHA denies the appointment of a specific person as a live-in aide through the Client Placement Division.
5207.11 Once the live-in aide has been approved, if DCHA has reason to believe that circumstances have changed such the need for the live-in aide no longer exists, DCHA may require the Family to submit a new written request, subject to DCHA verification.
5207.12 The live-in aide shall not be considered a remaining Family member, shall not be entitled to the Voucher, and shall not have any rights under chapter 89 of this title of the DCMR.
5208.1 After an applicant Family has been deemed eligible, selected from the waiting list, and attended an oral briefing, DCHA shall issue a Voucher to the Family.
5208.3 The initial term of the Voucher shall be one hundred eighty (180) calendar days. The Family shall submit HUD Form-52517, Request for Tenancy Approval (RTA) or RTA package, within the one hundred eighty (180) calendar days.
5208.4 Upon the Family’s submission of a RTA package and proposed lease, the initial term of the Voucher shall be suspended until the unit passes or fails Housing Quality Standards (HQS) inspection.
5208.5 DCHA shall document the suspension of the Voucher term following the submission of an RTA package and shall provide the Family written notice of suspension by first class mail. The notice shall include the specific date that the suspension takes effect. If DCHA subsequently lifts the suspension of the Voucher because the unit is not approved, DCHA shall provide written notice to the tenant by first class mail and specify the new expiration date of the voucher term.
5208.6 Extensions to the initial term of a Voucher shall be granted for a period necessary to reasonably accommodate a Family member whose disability has interfered with his or her ability to find housing, in accordance with federal and local law.
5209 Expiration of the INITIAL Voucher TERM
5209.1 If a Family’s voucher term or extension expires before the Family has submitted an approved RTA, the voucher shall be deemed to have expired and DCHA shall notify the Family in writing that the voucher term has expired and the Family may reapply for HCVP assistance in accordance with chapter 76 of this title of the DCMR.
5210 CHANGES BETWEEN VOUCHER ISSUANCE AND LEASE-UP
5210.1 In the circumstance that a Family has been determined to be eligible for the Program and there is a reported change in income or other circumstances and the change occurs after the Voucher was issued but before the effective date the lease, the Family shall continue to be considered eligible unless the change results in a situation where the Family can afford to make full monthly rent payments.
5210.2 DCHA shall not honor requests to add Family members to the Family composition during the time between when the Voucher is issued and the effective date of the lease, with the exception of births, adoptions or additions of foster or kinship care children to the household which occur during this time.
5210.3 If a Family misrepresents any Family circumstance or any information that would result in denial or termination from the Program, DCHA may determine that the Family is no longer eligible before the effective date of the lease or any time thereafter.
5211 RESPONSIBILITY FOR LOCATING HOUSING
5211.1 Once DCHA issues a Voucher to a Family, it is the Family’s responsibility to locate suitable housing that is within the Local Market Rent as determined by HUD, meets Housing Quality Standards requirements, and includes the minimum bedroom size requirements for units.
5211.2 DCHA shall maintain and update referral lists of owners who have called DCHA to list their available units. The list shall be made available to Voucher holders upon request.
5211.3 DCHA offers search counseling and assistance to families who are having difficulty locating appropriate housing within the Voucher term.
5212 REQUEST FOR TENANCY APPROVAL
5212.1 The owner and the Family shall submit the following documents to DCHA:
(a) Completed RTA – HUD Form-52517;
(b) Copy of the proposed lease, including the HUD-prescribed Tenancy Addendum;
(c) Ownership (recorded deed);
(d) If a management agent is involved, a management agreement;
(e) A lease that will be used for the lease-up;
(f) If the Family is moving from one assisted unit to another and was responsible for a water bill, a recent copy (within last 30 days) of the water bill provided showing a balance of fifty dollars ($50) or less;
(g) Executed Lead-Based Paint notice;
(h) HUD Authorization for Release of Information/Privacy Act Statement(s) (executed by all adult household members);
(i) Completed W-9 Forms; and
(j) The address for the Owner(s) current home or place of business. Post Office Box addresses are not acceptable.
5212.2 After the documents listed in § 5212.1 have been submitted, DCHA shall ` verify the following:
(a) All required signatures are executed on the RTA;
(b) The Family’s Voucher has not expired;
(c) The Family is in good standing to move with continued assistance; and
(d) The owner has requested a rent DCHA will approve.
5212.3 The owner may submit the RTA on behalf of the Family.
5212.4 The completed RTA shall be submitted as hard copies, in-person, or electronically to an authorized DCHA email address. DCHA shall provide a written receipt at that time.
5212.5 The Family may not submit, and DCHA shall not process, more than one (1) RTA at a time.
5212.6 When the Family submits the RTA, DCHA shall review the RTA for completeness. If the RTA is incomplete or missing signatures by the Family or owner, DCHA shall notify the Family and the owner of such deficiencies and provide assistance in completing, if necessary, as a reasonable accommodation.
5212.7 Missing information or missing documents shall only be accepted as hard copies, in-person, by mail, by fax, or electronically to an authorized DCHA email address.
5212.8 Because of the time sensitive nature of the tenancy approval process, DCHA shall attempt to communicate with the owner and Family by phone, fax, or email. DCHA shall use mail when the parties cannot be reached by phone, fax, or email.
5212.9 Once the RTA and proposed lease are approved, DCHA shall schedule an HQS inspection.
5212.10 After DCHA accepts an RTA, the time period of the Voucher shall be suspended if any of the following circumstances apply:
(a) The Family is waiting for notification from DCHA that the lease is approved;
(b) The Family is waiting for DCHA to make a reasonable accommodation decision;
(c) Additional time is needed for the Family to locate suitable housing as a reasonable accommodation; or
(d) Prior to DCHA rejecting the unit for lease-up, the Family makes a reasonable accommodation request applicable to approval of such unit.
5212.11 If the unit is not approved, the expiration period of the Voucher shall resume on the date that DCHA notifies the Family to pick up the Voucher.
5213.1 Upon successful submission of RTA package, DCHA shall schedule a Housing Quality Standards (HQS) inspection within four (4) weeks.
5213.2 An HQS Inspection must be completed prior to the Family occupying the unit. Under no circumstances shall DCHA begin payment until the unit passes an HQS inspection.
5213.3 Once the unit passes HQS inspection, DCHA shall complete all internal paperwork, including preparation of the HAP. Upon completion, DCHA shall call both the Family and the owner or landlord to coordinate execution of lease-up documents.
5213.4 The Family and the owner or landlord shall execute the lease, HAP Contract, and rent determination documents at the lease up, which may take place at DCHA’s office.
5213.5 Once all documents are executed, DCHA shall release payment to the owner on its next payment cycle.
5214 APPROVAL OF REQUEST FOR TENANCY
5214.1 Prior to approving the assisted tenancy and executing a HAP contract, DCHA shall ensure that all required actions and determinations have been completed. These actions include ensuring:
(a) That the unit is eligible;
(b) That the unit has been inspected by DCHA and meets the HQS;
(c) That the lease offered by the owner is approvable and contains the following:
(1) The initial lease terms and the renewal term;
(2) Who is responsible for payment of utilities;
(3) The names of the occupants; and
(4) The required Tenancy Addendum;
(d) That the rent to be charged by the owner for the unit is reasonable in accordance chapter 83 of this title of the DCMR;
(e) Where the Family is initially leasing a unit and the gross rent of the unit exceeds the applicable payment standard for the Family, that the share of rent to be paid by the Family does not exceed forty percent (40%) of the Family’s monthly adjusted income;
(f) That the owner is an eligible owner, has been neither disapproved by DCHA nor debarred by HUD, and has no prohibited conflicts of interest; and
(g) That the unit is accessible when the tenant has a disability.
5214.2 DCHA shall complete its determination within ten (10) business days of receiving all required information listed in § 5212.
5214.3 If the terms of the RTA or the proposed lease are changed for any reason, including but not limited to negotiation with DCHA, DCHA shall obtain corrected copies of the RTA and proposed lease.
5214.4 Corrections to the RTA or the proposed lease shall only be accepted as hard copies, in person, by mail, by fax, or electronically to an authorized DCHA email address.
5214.5 If DCHA determines that the tenancy cannot be approved for any reason, the owner and the Family shall be notified in writing and given the opportunity to address any reasons for disapproval. DCHA’s notice shall instruct the owner and Family of the steps that are necessary to approve the tenancy.
5214.6 Where the tenancy is not approved because the unit is ineligible, the Family shall continue to search for eligible housing within the new timeframe of the issued voucher. The expiration date of the voucher is suspended while DCHA makes its determination.
5214.7 If the tenancy is not approvable due to rent affordability (including rent burden and rent reasonableness), DCHA shall attempt to negotiate the rent with the owner. If a new, approvable rent is negotiated, the tenancy shall be approved. If the owner is not willing to negotiate an approvable rent, the Family shall continue to search for eligible housing within the timeframe of the issued voucher.
5215.1 Owners and tenants may execute agreements for services, appliances (other than for range and refrigerator), and other items outside those which are provided under the lease if the agreement is in writing and approved by DCHA.
5215.2 Any appliance, service, or other item which is routinely provided to nonsubsidized tenants as part of the lease (such as air conditioning, dishwasher, or garage) or are permanently installed in the unit cannot be put under separate agreement and shall be included in the lease. For there to be a separate agreement, the tenant shall have the option of not utilizing the service, appliance, or other item.
5215.3 DCHA is not liable for unpaid charges for items covered by separate agreements and nonpayment of these agreements cannot be cause for eviction.
5215.4 If the tenant and owner have come to an agreement on the amount of Charges for a specific item, so long as those charges are reasonable and not a substitute for higher rent, they shall be allowed. Costs for seasonal items can be spread out over twelve (12) months.
5215.5 Copies of all separate agreements shall be provided to DCHA.
5216.1 DCHA shall not review the owner’s lease for compliance with state/local law. It is the owner’s responsibility to comply with state/local law when leasing units on the owner’s property.
5216.2 The assisted dwelling lease shall contain all of the required information as listed below:
(a) The names of the owner and the tenant:
(b) The unit rented (address, apartment number, and any other information needed to identify the contract unit);
(c) The term of the lease (initial term and any provisions for renewal);
(d) The amount of the monthly rent to owner; and
(e) A specification of what utilities and appliances are to be supplied by the owner, and what utilities and appliances are to be supplied by the Family.
5216.3 The initial term of the assisted dwelling lease shall be for at least one (1) year. DCHA may approve a shorter initial lease term as a reasonable accommodation to the Family.
5216.4 This written lease is a contract between the tenant Family and the owner; DCHA is not a party to this contract.
5216.5 All provisions in the HUD-required Tenancy Addendum shall also be added word-for-word to the owner's standard lease form, for use with the assisted Family. As a part of the lease, the tenant shall have the right to enforce the Tenancy Addendum against the owner and the terms of the Tenancy Addendum shall prevail over any other provisions of the lease.
5217 Housing Assistance Payment CONTRACT EXECUTION
5217.1 Owners who have not previously participated in the HCVP shall attend a meeting with DCHA in which the terms of the Tenancy Addendum and the HAP contract shall be explained. DCHA may waive this requirement on a case-by-case basis, if it determines that the owner is sufficiently familiar with the requirements and responsibilities under the HCVP.
5217.2 The owner and the assisted Family shall execute the dwelling lease, and the owner shall provide a copy to DCHA with signatures. DCHA shall ensure that both the owner and the assisted Family receive copies of the dwelling lease.
5217.3 The owner and DCHA shall execute the HAP contract with notarized signatures. DCHA shall not execute the HAP contract until the owner has submitted IRS form W-9. DCHA shall ensure that the owner receives a copy of the executed HAP contract.
