434965 Termination of Participation and Assistance in the Housing Choice Voucher Program (HCVP) for Criminal Activity

THE DISTRICT OF COLUMBIA HOUSING AUTHORITY

 

 

NOTICE OF PROPOSED RULEMAKING

 

 

The Board of Commissioners of the District of Columbia Housing Authority (DCHA) hereby gives notice, pursuant to D.C. Code Section 6-203 (2007 Ed.), of its intent to adopt a new Chapter 90 of Title 14 of the District of Columbia Municipal Regulations in not less than forty-five (45) days from the date of publication of this notice in the D.C. Register.  The proposed rulemaking set forth provisions which will govern termination of participation and assistance in the Housing Choice Voucher Program for Criminal Activity.

 

Chapter 90:    Termination of participation and assistance in the Housing Choice Voucher Program (HCVP) for criminal activity.

 

          9000                Termination for drug related criminal activity

           

 

9000.1             Definitions:

(a)        Drug related criminal activity means the illegal manufacture, sale, distribution, or use of a drug, or the possession of a drug with the intent to manufacture, distribute, or use the drug;

(b)        Drug means a controlled substance as defined in section 102 of the Controlled Substance Act (21 U.S.C 802) as amended;

(c)        As used in this section currently means no more than (1) year prior to the date a notice of recommendation for termination for drug related criminal activity is issued by DCHA.

 

9000.2             DCHA must terminate participation and assistance for a family if:

(a)        The PHA determines that any member of the household has ever been convicted of drug related criminal activity for manufacture of production of methamphetamine on the premises of federally assisted housing;

(b)        Any member of the household is subject to a lifetime registration requirement under a state or District of Columbia sex offender program.

 

9000.3             DCHA may terminate participation and assistance for a family if:

(a)        Any household member is currently engaged in any illegal use of a           drug;

(b)        Any household member has engaged in any drug related criminal activity not more than three (3) years prior to the date a notice recommendation for termination for drug related criminal activity.

 

 

9000.4                          Evidence of drug related activity that is sufficient to show a family member has violated their family obligation prohibiting such activity includes but is not limited to:

(a)                Conviction or the arrest for any crime described in title 48, sub-title III chapter 9, sub-chapter IV of the D.C. Official Code;

(b)               Police report listing drug related criminal activity by household member or at the property;

(c)                Report by other law enforcement agencies or offices or DCHA compliance staff;

(d)       Credible evidence provided by persons qualified to make such determinations;

(e)        Search warrant for the property listing drugs, illegal weapons, illegal ammunition, or drug paraphernalia.

 

9001      Termination for violent criminal activity

 

9001.1             Definitions:

 (a)       Violent criminal activity means any criminal activity that has as one of its elements the use, attempted use, or threatened use of physical force substantial enough to cause, or be reasonably likely to cause, serious bodily injury or property damage;

 (b)       Threatened use of physical force means any verbal or written, or physical gestures that communicate an intent to cause serious bodily injury or property damage.

 

9001.2                          DCHA may terminate participation and assistance for a family if any household member or other person under the participant’s or household member’s control has engaged in any violent criminal activity not more than three (3) years prior to the date a notice of recommendation for termination for violent criminal activity is issued by DCHA.

 

9001.3                          Evidence of violent criminal activity sufficient to show a family member has violated their family obligations prohibiting such activity includes but is not limited to:

(a)        Conviction or arrest for any of the following criminal offences listed in D.C. Official Code Title 22, subtitle I, Chapters:

(1)        3          Arson;

(2)        8a        Protection of minors;

(3)        8b        Protection of District police officers;

(4)        9a        Criminal abuse and neglect of vulnerable adults;

(5)        9b        Gangs;

(6)        11        Cruelty to children;

(7)        20        Kidnapping;

(8)        21        Murder manslaughter;

(9)        27        Prostitution, pandering;

(10)      28        Robbery;

(11)      30        Sex abuse;

(12)      31        Sexual performances using minors, and

(13)      31a      Terrorism.

                       

(b)               Police report listing violent criminal activity by a household  member, a                   person under the participant’s or household member’s control, or at the                  property;

(c)                Report by other law enforcement agencies or offices  or  DCHA compliance staff;

(d)               Credible evidence provided by persons qualified to make such determinations; or

(e)                Search warrant for the property listing illegal weapon(s), illegal ammunition, or any legal weapon believed to be used in the act of violent criminal activity.

 

 

9002      Informal Hearing

 

9002.1             A participant who disagrees with the recommendation for termination of participation or assistance by the DCHA may request an informal hearing in accordance with 14 DCMR, Chapter 89.

 

9003      Domestic Violence

 

9003.1             Criminal activity directly relating to domestic violence, dating violence or stalking engaged in by a member of the household or any guest or person under the control of a household member, shall not be a cause for termination from participation or assistance of the participant or an immediate family member of the participant if the participant or immediate family member is the victim of that domestic violence, dating violence or stalking.  If the perpetrator of the domestic violence, dating violence or stalking is a member of the household composition they shall be removed therefrom.                                                              

                                  

All persons desiring to comment on the subject matter of this rulemaking should file comments in writing no later than forty-five (45) days after the publication of this Notice in the D.C. Register.  Comments should be filed with the Office of the General Counsel, DCHA, 1133 North Capitol Street, NE, Suite 210, Washington, DC 20002-7599; copies of these rules may be obtained from DCHA at that same address.  Alternatively, copies of the rules can be requested from and comments can be sent to Hans Froelicher, General Counsel, Office of the General Counsel, District of Columbia Housing Authority, at [e-mail].