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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 (2008Repl.), hereby gives notice of the adoption of a new chapter 55 of title 14 of the District of Columbia Municipal. 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 1335. 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 55 “Portability,” of title 14, “Housing,” of the DCMR is added as follows:
CHAPTER 55
5500 PARTICIPANT FAMILY REQUEST FOR PORTABILITY
5500.1 When a Family wishes to move under portability, the Family shall inform DCHA in writing of the area to which the Family wishes to move. DCHA shall assist the Family in contacting the PHA where they wish to port (the Receiving PHA) in writing, if the Family hasn’t already done so.
5500.2 DCHA shall contact the Receiving PHA and request the following information:
(a) Contact person for Receiving PHA;
(b) Phone number;
(c) Fax number;
(d) Physical address and mailing address for Receiving PHA; and
(e) Any specific procedures the Family shall be made aware of for appointments and voucher issuance.
5501 DENYING FAMILY REQUEST TO MOVE UNDER PORTABILITY
5501.1 DCHA shall deny a Family’s request to move under portability, subject to the protections in the VAWA, Fair Housing Act (FHA), and District of Columbia Human Rights Act (DCHRA) if:
(a) The Family is an applicant Family coming off the waiting list and has not been assisted in DCHA’s jurisdiction for twelve (12) months;
(b) The Family is currently under termination procedures;
(c) The Family is in a repayment agreement with DCHA, and has not paid it off;
(d) The Family has moved from its current unit in violation of the lease;
(e) The Family has not lived in DCHA jurisdiction for at least twelve (12) months since being admitted into the Program;
(f) The requested move is not in compliance with chapter 85 of this title of the DCMR; or
(g) DCHA does not have the sufficient funding for continued assistance to support the move.
5501.2 If DCHA denies a Family portability for any of the reasons in § 5501.1, within ten (10) days of the decision, DCHA shall provide written notice to the participant or applicant of the specific basis for the denial and of its right to an informal hearing or review in accordance with chapter 89 of this title of the DCMR.
5501.3 If a Family requests portability under the protections of VAWA, DCHA shall request that the Family provide one (1) of the following documents:
(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, or an 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 that the request to move is prompted by an instance or incidences of abuse.
5502 Denying Portability Moves Due to Insufficient Funding
5502.1 If DCHA denies a request for portability due to insufficient funding such requests shall be documented with proper financial documentation demonstrating DCHA’s inability to support the portability request.
5502.2 DCHA shall only deny a request to move to a higher cost area if DCHA would be unable to avoid terminations of housing choice voucher assistance for current participants during the calendar year in order to remain within its budgetary allocation (including any available HAP reserves) for housing assistance payments.
5502.3 Before denying the Family’s request to move due to insufficient funding, DCHA shall contact the Receiving PHA to determine whether the Receiving PHA will absorb the Family.
5502.4 If the Receiving PHA is willing to absorb the Family, there shall be no grounds to deny the portability move for insufficient funding.
5502.5 If DCHA denies a Family’s request for a portability move due to insufficient funding, it shall not admit any additional families to its voucher program until it determines that sufficient funding exists to approve the move and has notified the Family that the Family may now exercise its move to the higher cost area.
5502.6 DCHA shall consider a Family’s request for a portability move for thirty (30) days from the date the request was filed if there is insufficient funding to immediately grant the request.
5502.7 If funds become available within thirty (30) days which would allow the Family to move to a higher cost area, DCHA shall notify the Family by first class mail that funds are available, and that the request is granted.
5502.8 If funding is unavailable after thirty (30) days, DCHA shall notify the Family by first class mail that the request to port is denied, and that they may reapply to port after ninety (90) days from the date of denial.
5503 OUTGOING PORTABILITY PROCEDURES
5503.1 Once DCHA approves the Family’s portability move out of DCHA’s jurisdiction, DCHA shall schedule the Family to attend a portability briefing.
5503.2 DCHA shall brief the Family on:
(a) The estimated time frame for submitting paperwork to the Receiving PHA;
(b) How to contact the Receiving PHA;
(c) Any special requirements from the Receiving PHA regarding appointments;
(d) Policy on voucher extensions for portable families;
(e) Expiration of Vouchers;
(f) Requirement to provide a Notice to Vacate to the owner of the current unit;
(g) Determination of Voucher size and Payment Standards; and
(h) Procedure for returning to DCHA or portability to any other jurisdiction.
5503.3 DCHA shall notify the Receiving PHA of the Family’s choice to get necessary contact information and incoming portability procedures.
5503.4 DCHA shall complete an outgoing portability packet containing the following:
(a) Part I of the HUD Form-52665 along with a copy of the voucher issued to the Family;
(b) A current copy of HUD Form-50058 for program participant; and
(c) Copies of the income verification backing up the form.
5503.5 In the case of an applicant, DCHA will not have a completed HUD Form-50058 because the Family is not yet a new admission, however DCHA shall provide the Family information and income information in a format similar to the HUD Form-50058.
5503.6 DCHA shall mail, fax, or email the portability packet to the Receiving PHA, in accordance with the Receiving PHA’s policy.
5504.1 The Receiving PHA shall provide initial billing to DCHA:
(a) No later than ten (10) business days following the date of execution of the HAP contract; and
(b) To receive the billing no later than sixty (60) days following the expiration date of the Family’s voucher issued by the Initial PHA.
5504.2 DCHA shall accept billing by mail, fax, or email. If billing notice is not received by the deadline DCHA shall contact the Receiving PHA by mail, email, or fax to determine the status of the Family.
5504.3 If the Receiving PHA reports that the Family is not yet under HAP contract, DCHA shall inform the Receiving PHA in writing that they shall not accept any subsequent billing on behalf of the Family and shall not honor any subsequent billing, and the Receiving PHA shall be required to absorb the voucher.
5504.4 If the Receiving PHA reports that the Family is under HAP contract and it cannot absorb the Family DCHA shall accept the subsequent late billing.
5504.5 The Receiving PHA shall send a copy of the updated HUD Form-50058 at each regular recertification for the duration of time the Receiving PHA is billing DCHA on behalf of the Family, regardless of whether there is a change in the billing amount.
5504.6 Should DCHA fail to receive an updated HUD Form-50058 by the annual recertification date, it shall contact the Receiving PHA to verify the status of the Family. DCHA may not withhold payment solely because the Receiving PHA did not submit the updated HUD Form-50058 by the annual recertification date.
5504.7 DCHA shall also receive a new HUD Form-52665 along with the HUD Form-50058 when the Initial PHA reports any changes in the billing amount, if applicable. The notice shall be received by DCHA no later than ten (10) working days following the effective date of the change.
5504.8 If the Receiving PHA fails to send the HUD Form-52665 within ten (10) working days following the effective date of the change in the billing amount, DCHA is not responsible for paying any increase in the monthly billing amount incurred prior to the notification.
5504.9 Should there be a decrease in the monthly billing amount DCHA shall notify the Receiving PHA in writing of the overpayment and DCHA shall recover overpayment in the following month’s payment. If DCHA is unable to recover payments in the following month, DCHA shall demand that the Receiving PHA reimburse within thirty (30) days of notification.
5505 INCOMING PORTABILITY PROCEDURES
5505.1 Once DCHA receives the portability packet, the assigned Housing Programs Specialist shall ensure that the Family’s voucher has not expired and will not expire within thirty (30) days.
5505.2 If an incoming Family’s voucher has expired, the specialist shall contact the Initial PHA to see if any extensions are granted. If the Initial PHA grants an extension, the PHA must provide a corrected voucher and HUD Form-52665 before DCHA will schedule an appointment for the Family.
5505.3 If the voucher is expired or the term of the voucher will not allow sufficient time to process, and the Initial PHA has already been contacted, the portability packet shall be returned to the Initial PHA with a cover letter stating the reasons for returning the packet.
5505.4 When DCHA is billing the Initial PHA, the assigned Housing Programs Specialist shall ensure that the Family has at least thirty (30) days left on the voucher before scheduling an appointment. If the time left on the voucher is less than thirty (30) days, the specialist shall contact the Initial PHA and request the maximum time allowed on the voucher, in order to ensure that the voucher term shall leave sufficient time to process a Request for Lease Approval, HQS, and execution of HAP contract, and cover the anticipated delivery time so that it shall be received by the Initial PHA by the deadline date on the HUD Form-52665.
5505.5 DCHA shall schedule the portability appointment within two (2) weeks of receiving the portability packet. The notice of appointment date and time will be sent by first-class mail. The letter shall also tell the Family what documents are needed for the portability appointment.
5505.6 DCHA shall not re-determine eligibility for a portable Family that was already receiving voucher assistance.
5505.7 DCHA shall issue the voucher at the time of portability appointment and shall not delay the voucher issuance or approval of unit due to new income recertification unless the Family refuses to comply with DCHA procedures.
5505.8 After issuing a portable voucher, DCHA may take subsequent action against the Family based on the results of a background check or adjusted income determination.
5506 TERM OF VOUCHER WHEN District of Columbia Housing Authority IS ABSORBING
5506.1 In order to allow families the maximum time available to locate safe, decent, and affordable housing in a neighborhood that is low-poverty and to maximize the families’ economic opportunities, DCHA shall issue a new voucher allowing the Family a search time of one hundred eighty (180) days from the initial PHA’s date of issuance.
5506.2 The Family shall be informed at the time of briefing that any extensions of search time provided by DCHA are only valid for the Family’s search in DCHA jurisdiction. Should the Family decide to return to the Initial PHA it shall be within the time given in the Initial’s PHA voucher.
5506.3 DCHA cannot guarantee that the Initial PHA will grant any extensions to allow their return and search time.
5507 Term of voucher and extensions when District of Columbia Housing Authority is billing
5507.1 The term of the voucher shall not expire before the expiration date of the Initial PHA voucher.
5507.2 DCHA shall not provide additional search time to the Family beyond the expiration date of the Initial PHA voucher. Should the Initial PHA grant an extension on the voucher for the Family, HUD Form-52665 shall be corrected by the Initial PHA to reflect the corrected due date for the initial billing.
5508 Absorption of a Portable Family
5508.1 A Housing Specialist shall not absorb families into the Program unless the Director of the HCVP or his or her designee directs or approves the absorption of the families.
5508.2 When DCHA is absorbing on an ongoing basis, an incoming portable Family is considered to be absorbed to into the Program once DCHA executes the HAP contract on behalf of the Family, versus at the time of voucher issuance.
5508.3 A portable Family may also be absorbed by terminating billing arrangement with the initial PHA. DCHA shall give thirty (30) days’ advance notice to the initial PHA of the intent to absorb and the effective date of the absorption of the Family.
5509 Notice to Initial Public Housing Authority of Billing or Absorption
5509.1 DCHA shall send Part II of HUD Form-52665 to the Initial PHA notifying the Initial PHA of absorption or billing arrangements.
5509.2 Under no circumstances shall DCHA absorb families into its program retroactively.
5510 Billing Deadlines and Ongoing Responsibilities
5510.1 DCHA shall submit initial billing notice as follows:
(a) No later than ten (10) working days following the date the HAP contract was executed; and
(b) In time that it shall be received no later than sixty (60) days following the expiration date of the Family’s voucher issued by the Initial PHA.
5510.2 When billing, DCHA shall:
(a) Send HUD Form-52665 and HUD Form-50058 via fax, mail or email, as acceptable by the initial PHA;
(b) DCHA shall inform the Initial PHA of its MTW status and its Biennial Recertification initiative;
(c) Send the Initial PHA a copy of the updated HUD Form-50058 at each biennial recertification for the duration of time DCHA is billing the Initial PHA on behalf of the Family, regardless of whether there is a change in the billing amount; and
(d) Send a new HUD Form-52665 along with the HUD Form-50058 to report any changes in the billing amount, if applicable. The notice shall be sent to the Initial PHA no later than ten (10) working days following the effective date of the change.
5510.3 Should the biennial recertification be late and DCHA fail to submit the billing within ten (10) days of the effective date the initial PHA may not withhold payment solely because DCHA did not submit the updated from HUD Form-50058 by the biennial recertification date.
5510.4 If DCHA causes the delay, the Initial PHA is not required to pay any increase in payment after the billing deadline, and may begin paying the increased amount the following month.
5510.5 Should DCHA fail to properly notify the Initial PHA and the Initial PHA refuses to pay the increased cost, DCHA shall be required to absorb the increased cost for the period in which the billing was late.
5510.6 When a current Family in good standing requests to port outside of DCHA jurisdiction, DCHA shall:
(a) Not issue a voucher to the Family; and
(b) Notify the Initial PHA of the Family’s desire to port to another jurisdiction.
5510.7 The Initial PHA shall be responsible for issuing a voucher and sending the portability paperwork to the PHA where the Family wishes to port. DCHA shall assist the Initial PHA by providing them the most current HUD Form-50058 and supporting documentation.
5510.8 Billing arrangements shall be terminated once the HAP payments for the landlord terminate. DCHA shall notify the Initial PHA in advance of the effective date of the termination of billing.
5599 DEFINITIONS
5599.1 The following terms and phrases shall apply only to chapter 55 of title 14 of the DCMR:
Initial PHA - the Public Housing Authority in the jurisdiction where the participant Family currently leases a unit and wishes to move from.
Receiving PHA - the Public Housing Authority in the jurisdiction in which the participant Family wishes to lease a rental unit.
