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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 the following new sections to chapter 61 of title 14 of the District of Columbia Municipal Regulations. The final regulations set forth new policies for Housing Choice Voucher Program applicants.
The first proposed rulemaking was published in the D.C. Register on February 17, 2012, at 59 DCR 1373. 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.
Section 6124, “Initial Family Composition Guidelines for Housing Choice Voucher Applicants,” and section 6125 “References For Placement Eligibility For Housing Choice Voucher Program Applicants,” of Chapter 61 “Admission and Recertification,” of title 14, “Housing”, of the DCMR are added as follows:
6124 INITIAL FAMILY COMPOSITION guidelines for housing choice voucher applicants
6124.1 Individuals named and listed in the pre-application shall determine the initial composition of an assisted Family and be confirmed at the full application stage of the application process.
6124.2 Each applicant Family shall identify a single Head of Household. The Head of Household shall ensure that the Family complies with all program rules and Family obligations.
6124.3 The Head of Household is the only person allowed to request informal hearings or informal reviews on behalf of the Family.
6124.4 Nothing in this section shall limit the responsibilities of the Spouse or other adult Family members to comply with all Family obligations.
6124.5 A Family may not designate a Family member as Head of Household solely to qualify the Family as an Elderly Household.
6124.6 DCHA shall not assign any other adults of household composition as a “co-Head of Household.”
6124.7 The Spouse shall not be considered “co-Head of Household.”
6124.8 A marriage relationship created by agreement and cohabitation rather than by ceremony or certificate shall be recognized. The Spouse shall comply with all Family obligations.
6124.9 Other adult Family members are required to comply with all Family obligations. Other Adult is defined in § 5999.
6124.10 Dependents who are subject to a joint custody arrangement shall be considered a member of the Family if they live with the applicant or participant Family fifty-one percent (51%) or more of the time or are otherwise designated by a Shared Parenting Agreement to the parent who maintains primary residence of the child or children.
6124.11 Individuals with joint custody arrangements for a dependent child or children shall be required to provide documentation of joint custody or evidence of the primary residence of a child or the children.
6124.12 When more than one (1) Family claims the same dependents as Family members, the Family with primary custody or primary residence as set forth in a judgment or court decision at the time of the initial examination or recertification shall be able to claim the dependents as members of their Family for purposes of HCVP eligibility and benefits.
6124.13 If there is no relevant judgment or court decision establishing that Family member’s primary custody or primary residence, then DCHA shall make the determination based on other available documents such as:
(a) Court orders;
(b) School enrollment records;
(c) Benefit/subsidy records; or
(d) Internal Revenue Service (IRS) tax return showing which Family has claimed the child for income tax purposes.
6125 PREFERENCES FOR PLACEMENT ELIGIBILITY for Housing Choice Voucher Program Applicants
6125.1 The waiting list guidelines for admission to the HCVP are found at § 6103 and are incorporated into the Administrative Plan by reference.
6125.2 Applicants eligible for preferences shall be selected from the waiting lists in order of priority as set forth below:
(a) Substandard Housing. The substandard preference is divided into three major ranking factors and is implemented in the following priority order:
(1) Homeless, as explained in § 6125.3;
(2) Applicants residing in units that have been declared unfit for habitation or which contain one or more Housing Quality Standard or local housing code violations as explained in § 6125.3; and
(b) Involuntarily Displaced, as explained at § 6125.5 through § 6125.8; and
(c) Rent Burdened, as explained at § 6125.9; and
(d) Disabled families as defined in § 5999.
6125.3 DCHA shall give highest placement priority on the waiting list to Homeless applicant families as defined by D.C. Official Code § 4-751.01 (2008 Repl. & 2011 Supp.) who can demonstrate that they no longer have a place to live or are in jeopardy of losing their residence. The following types of documentation are acceptable to support the status of the Family as homeless:
(a) Documentation from a social worker, police officer, shelter, or other qualified source showing that the applicant’s primary nighttime residence is a public or private shelter, street, condemned building, or other place not fit for habitation;
(b) Documentation showing residency in a temporary residence facility which may include a nursing home, hospital, or mental health facility;
(c) Documentation of residency in a transitional housing facility, showing residence is for no more than twenty-four (24) months;
(d) Documentation from a social worker, police officer, shelter, or other qualified source, that the applicant Family is considered to be chronically homeless based upon four (4) incidences as described above in the one (1) year period preceding the date of application; or
(e) Documentation that the applicant Family is living with another household or in another living situation that is tenuous and where the applicant Family has no legal right to occupy the unit, for example, where the right to remain has been revoked by lawful tenant or could be revoked at any time.
6125.4 DCHA shall give placement priority to applicant families who currently reside in substandard housing and units declared unfit for habitation provided the applicant Family can provide inspection records from the Department of Consumer and Regulatory Affairs or other qualified person or agency.
6125.5 DCHA shall give placement priority to an applicant Family who is involuntarily displaced due to a disaster. The applicant Family shall provide documentation from a qualified person or agency regarding the disaster and the unit conditions.
6125.6 DCHA shall give placement priority to an applicant Family who is involuntarily displaced due to federal, state, or local government action related to code enforcement or public improvement. The applicant Family shall provide documentation from the listed agency taking the relevant action.
6125.7 DCHA shall give placement priority to an applicant Family who is involuntarily displaced due to action by an owner or landlord beyond the Family’s control. The applicant Family shall provide the notice from the landlord or owner on actions or notice to vacate said property. Examples include:
(a) Foreclosure documents;
(b) Notice to Vacate with the reason for the action; and
(c) Eviction Notice with the reason for the action.
6125.8 DCHA shall give placement priority to an applicant Family who is involuntarily displaced due to Domestic Violence. The applicant Family shall provide documentation from a social worker, police officer, shelter, or other qualified source regarding the incident or incidences of domestic violence and current housing arrangements for the applicant Family.
6125.9 DCHA shall give placement priority to an applicant Family who is claiming that its current rent is creating a financial burden. The applicant Family shall provide DCHA with its current lease agreement, current utilities paid by the applicant Family and a financial affidavit of current income.
6125.10 Permanent Supportive Housing- HCVP Applicants are included under this preference if an applicant is referred to DCHA by an agency of the District of Columbia government as an individual or family in need of permanent supportive housing for chronically homeless individuals and families with histories of homelessness. Up to 447 vouchers are authorized for this purpose. 26 of the 447 vouchers allocated to this permanent supportive housing limited local preference were reallocated from the condemnation voucher preference set forth in Section 7604.4(b), Chapter 76 of Title 14. To the extent any of such 26 vouchers are not issued and actually used by an applicant for housing under this permanent supportive housing limited local preference by January 31, 2013, any of such unused vouchers shall be reallocated to the condemnation voucher limited local preference under Section 7604.4(b).
6125.11 Long Term Care Housing – HCVP Applicants are included under this preference if an applicant is referred to DCHA by an agency of the District of Columbia government as a person in need of housing with added wrap-around health care and in-home and community based services. The applicants are either people with disabilities or the elderly who desire to maintain their independent living. Up to 65 vouchers are authorized for this purpose.
Section 7604, “Waiting List Preferences” of title 14, “Housing” is repealed in its entirety.
