5103769 Housing Authority, DC - Notice of Final Rulemaking - Rent Reform Demonstration Program

  • THE DISTRICT OF COLUMBIA HOUSING AUTHORITY

     

    NOTICE OF FINAL RULEMAKING

     

    The Board of Commissioners of the District of Columbia Housing Authority (DCHA), pursuant to the District of Columbia Housing Authority Act of 1999, effective May 9, 2000 (D.C. Law 13-105; D.C. Official Code § 6-203 (2012 Repl.)), hereby gives adoption of the following newly proposed Chapter 91 (Housing Choice Voucher Program: Rent Reform Demonstration Program) of Title 14 (Housing) of the District of Columbia Municipal Regulations (DCMR). 

     

    The regulations contain a new chapter establishing the United States Department of Housing and Urban Development (HUD) Moving to Work Housing Choice Voucher Rent Reform Demonstration.  The proposed regulations are designed to implement and evaluate an alternative rent policy. Upon HUD’s approval of the Moving To Work Rent Reform Demonstration Activity the proposed regulations will be adopted as final regulations.

     

    The proposed rulemaking was published in the D.C. Register on July 18, 2014, at 61 DCR  007258.  This rulemaking was adopted as final at the Board of Commissioners’ regular meeting on September 10, 2014.  The final rules will become effective upon publication of this notice in the D.C. Register.

     

    Title 14, HOUSING, of the DCMR is amended by adding a new Chapter 91 as follows:

    CHAPTER 91                       HOUSING CHOICE VOUCHER PROGRAM: RENT REFORM DEMONSTRATION PROGRAM

     

    Secs.

    9100                Program Purpose

    9101                Selection of Study Group and Control Group

    9102    Enrollment

    9103    Annual Income

    9104                Utility Payments and Reimbursement                       

    9105                Applying Utility Allowances

    9106                Utility Allowances

    9107                Adjusted Income and Determination of Rent

    9108                Overview of Rent and Subsidy Calculations            

    9109                DCHA’s Housing Assistance Payment

    9110                Delayed Family Share at Initial Certification Under the Rent Reform Demonstration

    9111                Changes in Family Share and Housing Assistance Payments

    9112                Triennial Recertification of Income

    9113                Recertification Notice to the Family

    9114                Interim Recertifications

    9115                Assets

    9116                Family Moves

    9117                Portability Procedures

    9118                Hardship Waiver Policy

    9999                Definitions

     

    9100                PROGRAM PURPOSE

     

    9100.1             The United States Department of Housing and Urban Development (HUD) is conducting the Moving to Work (MTW) Housing Choice Voucher Program Rent Reform Demonstration program (Rent Reform Demonstration or Program), designed to implement and evaluate an alternative rent policy, implemented by several MTW agencies.  DCHA has been selected to participate in the study, and as such, shall modify its policies and rent calculations for a group of program participants (study group), and shall compare the results to a group of program participants who are assisted under the rent policies used for all other DCHA assisted households (control group).  The HUD Rent Reform Demonstration Program is designed to implement and study an alternative strategy to standard HUD operating rules for HCVP. The proposed alternative rent policies shall include the following five key features:

     

    (a)                Simplify income determination and rent calculation of the household’s Total Tenant Payment (TTP) and subsidy amount by:

     

    1.                  Eliminating deductions and allowances,

     

    2.                  Changing the percent of income used to calculate the total tenant payment from 30% of adjusted income to a maximum of 28% of gross income,

     

    3.                  Ignoring income from assets when the asset value is less than $25,000, and

     

    4.                  Using retrospective income, i.e., 12-month “look-back” period and, in some cases, current/anticipated income in estimating a household’s TTP and subsidy.

     

    (b)               Conduct triennial income recertification rather than biennial recertification with provisions for interim recertification and hardship waivers if income decreases.

     

    (c)                Streamline interim certifications to eliminate income review for most household composition changes and moves to new units.

     

    (d)               Require that the family rent to owner is the greater of 28% of gross monthly income or at least the minimum rent of $75.  

     

    (e)                Simplify the policy for determining utility allowances.

     

    (f)                Additionally, the program shall offer appropriate hardship protections to prevent any participant in the study group from being unduly impacted as discussed in Section 9118.

     

    9101    SELECTION OF STUDY GROUP AND CONTROL GROUP

     

    9101.1             Program participants shall be selected from among current HCVP participant families, using a random assignment methodology.  Households shall be selected for either the study or control groups prior to their scheduled recertification interview.

     

    9101.2             The following households shall be excluded from the study:

     

    (a)                Elderly as defined in this chapter

     

    (b)               Disabled

     

    (c)                Project Based Voucher

     

    (d)               VASH (Veteran’s Administration Supportive Vouchers) Voucher

     

    (e)                Enhanced Voucher

     

    (f)                Moderate Rehabilitation/Single Room Occupancy (SRO)

     

    (g)               Family Self-Sufficiency (FSS) program participants

     

    (h)               Households exercising the portability option

     

    (i)                 Households who end participation in the program (either voluntarily or involuntarily)

     

    (j)                 Mixed households of eligible and non-eligible household members

     

    9102                    ENROLLMENT

     

    9102.1             Once a participant is enrolled in the study group and has begun receiving assistance using the alternative rent policy, the following regularly scheduled events shall occur:

     

    (a)                Triennial recertification, at which time income is calculated and total tenant payment and family rent to owner are determined,

     

    (b)               Interim recertifications, limited to no more than one participant initiated interim per year except in the case of a hardship waiver.

     

    9102.2             At initial enrollment, the household may be provided with a temporary Total Tenant Payment, pursuant to Section 9110.

     

    9103                    ANNUAL INCOME

     

    9103.1             For the purposes of determining all forms of income for families participating in the program, DCHA shall follow HUD requirements to verify income, but shall calculate and treat gross annual income as follows:

     

    (a)                To establish annual gross income for the three year certification period, DCHA shall review the total household income without deductions for the twelve-month period prior to recertification, i.e., the “retrospective income.”  The household’s TTP shall depend on its retrospective income during a 12 month “look back” period. 

     

    (b)               If, at the initial enrollment/ recertification, the household’s current/ anticipated income is less than its retrospective income by more than 10%, a “temporary” TTP based on current income alone shall be set for a six month grace period.   

     

    (c)                If, at the initial triennial certification only (this is a one-time reduction for a household), the childcare expense exceeds $200 per month, the gross income shall be reduced by a deduction of reasonable childcare costs above the $200 per month, to create a “temporary” TTP for a six month grace period.  After the grace period, the TTP shall revert to the amount based upon the previously determined average retrospective income.

     

    (d)               Income recalculations shall be initiated by DCHA only triennially. 

     

    (e)                If the household reports a decrease in income or a change in household composition that requires a recalculation of the family’s share of rent, the annual income can be recalculated once per year pursuant to Section 9113.

     

    9104                    UTILITY PAYMENTS AND REIMBURSEMENTS

     

    9104.1             DCHA, under its MTW Authority, established its “Simplified Utility Allowance Schedule.” The calculation of the Utility Allowance and Reimbursements shall be in accordance with Sections 5311 and 5322 of Title 14, pursuant to DCHA Moving To Work authority. 

     

    9104.2             If, when the utility allowance is subtracted from the household’s TTP, the family rent to owner is lower than the minimum rent of $75; the utility allowance shall be partially reimbursed to the family through a deposit on the utility reimbursement debit card provided by DCHA. The amount of the deposit on the utility reimbursement debit card shall be the total utility allowance minus the difference between the TTP and the minimum rent of $75.  Under these circumstances the family shall be responsible to pay the owner $75 rent each month.

     

    9105                APPLYING UTILITY ALLOWANCES

     

    9105.1             A DCHA-established utility allowance schedule is used in determining Family Share and HAP.  DCHA shall use the appropriate utility for the lesser of the dwelling unit actually leased by a family or the voucher unit size for which the Family qualifies using DCHA subsidy standards.

     

    9105.2             When utility schedules are updated to reflect rate changes, utility allowances (and UAPs) shall be adjusted only when HAP subsidies or TTPs are recalculated for other reasons. More specifically, updated utility schedules shall be applied when households: (1) face a contract rent change, (2) have their TTPs recalculated during interim or triennial recertifications, (3) move to new units, or (4) have a change in household composition requiring a change in voucher size.

     

    9106                UTILITY ALLOWANCES

     

    9106.1             Pursuant to 14 DCMR Section 5311, the allowances are based on actual rates and average consumption estimates, not on a family’s energy consumption. 

     

    9106.2             The utility allowance is applied as follows:

     

    (a)                As  a reduction in the family’s portion of rent;

     

    (b)               As a subsidy allowance to the family through the use of a utility debit card; or

     

    (c)                In some cases, both.

     

    9106.3             When the family’s TTP minus the utility allowance plus any amount of gross rent above the payment standard exceeds the minimum rent of $75, the utility allowance is given as a reduction in TTP.

     

    9106.4             If, when the utility allowance is subtracted from the family’s TTP, the family rent to owner is less than the minimum rent of $75, the family is required to pay the minimum rent of $75, and the utility allowance shall be partially provided to the family through the use of a utility debit card.  The amount of the deposit on the utility reimbursement debit card shall be the total utility allowance minus the difference between the TTP and the minimum rent of $75. 

     

    9107                ADJUSTED INCOME AND DETERMINATION OF RENT

     

    9107.1             The alternative rent policy does not use adjusted income to calculate rent and Housing Assistance Payment (HAP); therefore there are no deductions or allowances applied to the gross income calculated in accordance with Section 5306, and with the following exception:

     

    (a)                As provided under Subsection 9103.1 at the initial triennial recertification only, households whose child care expenses exceed $200 a month, gross income is reduced temporarily (for 6 months), by the amount of reasonable childcare costs above the $200 per month.

     

    9108                OVERVIEW OF RENT AND SUBSIDY CALCULATIONS

     

    9108.1             In order to calculate family rent to owner for the Rent Reform Demonstration, DCHA shall calculate annual income and the TTP pursuant to Section 9107, but shall require the family rent to owner to be at least 28% of gross income, or the minimum rent of $75, whichever amount is greater. 

     

    9108.2             DCHA has established a hardship policy that shall provide relief to families experiencing hardship in paying their rent.  The hardship policy is described in Section 9118.

     

    9109                DCHA’S HOUSING ASSISTANCE PAYMENT

     

    9109.1             DCHA shall pay a monthly HAP for a family that is equal to the lower of the applicable payment standard or the gross rent, minus the greater of the family’s TTP or the minimum rent of $75.

     

    9109.2             If a Family chooses a unit with a gross rent that exceeds DCHA’s applicable payment standard, the family rent to owner shall include the amount by which the gross rent exceeds the payment standard.

     

    9109.3             At initial occupancy, DCHA may not approve the tenancy if it would require the family share to exceed forty percent (40%) of the family’s gross monthly income.

     

    9110                DELAYED FAMILY SHARE AT INITIAL CERTIFICATION UNDER THE RENT REFORM DEMONSTRATION

     

    9110.1             To help protect households from unreasonable increases in TTP when the alternative rent policy is implemented, the following safeguards shall apply:

     

    (a)                When a household’s anticipated monthly income for the coming year is substantially lower (i.e., by more than 10 percent) than its retrospective monthly income for the past year, a “temporary” TTP based on the anticipated income (or the minimum rent, whichever is higher) shall be set for a six-month “grace period.”  This grace period shall only apply, at the beginning of the three-year period and at any subsequent triennial recertifications. 

     

    (b)               At the end of the six-month grace period, unless the household qualifies for an interim recertification (see below), the temporary TTP shall expire, and the household shall be switched automatically to the “regular” TTP amount that was previously determined based on retrospective income.  No interim is required or offered. 

     

    (c)                If, however, at the end of the grace period, the household has not fully restored its income to the original retrospective gross income level, the household may request and shall be granted an interim recertification interview. The new 12-month look-back period for that interim recertification (counting back from the end of the grace period) shall take into account the more recent period of lower income. The new TTP calculated at this interim shall apply until the next triennial recertification, unless an intervening interim recertification is required or the family receives a lower TTP as part of a hardship waiver. 

     

    (d)               If this interim recertification (after the grace period) results in a new TTP that is higher than the grace-period temporary TTP, the Family may qualify for a hardship waiver pursuant to Section 9118.   

     

    (e)                If a working-age/non-disabled household that is enrolled in the Rent Reform Demonstration subsequently becomes a fixed-income household due to disability by the time of its next triennial recertification, its new TTP shall be based on its fixed current/anticipated gross income.

     

    9111                CHANGES IN FAMILY SHARE AND HOUSING ASSISTANCE PAYMENTS

     

    9111.1             Households are not required to report changes in income during the three-year period between recertifications; however, they must report changes in household composition.  This includes both additions and removals of members (including the death of any member) to the household, so that DCHA may determine continued eligibility for housing assistance.

     

    9111.2             Unless the addition or change in members results in a required change in the voucher bedroom size, no income information shall be requested.

     

    9111.3             If the removal of a household member results in a decrease in income, the household may request an interim certification to reset the TTP.  If the loss of income causes the household’s retrospective income to drop by more than 10 percent of its previously established retrospective income level, the TTP shall be reset. 

     

    9111.4             If the addition or removal of a household member results in a change in the appropriate voucher bedroom size, DCHA shall review the income of the new or removed member only, apply the appropriate utility allowance for the bedroom size and shall reset the TTP.  If there is a reduction in subsidy or increase in family share, DCHA shall automatically grant a one-time hardship for six months to allow the Family to move to an affordable unit.

     

    9112                TRIENNIAL RECERTIFICATION OF INCOME

     

    9112.1             Families shall be required to provide information on household income, assets valued at $25,000 or more and family composition triennially (every three years).

     

    9112.2             Triennial recertification for midmonth move-ins (e.g., September 15th) shall be conducted no later than the third following year by the first of the move-in month (e.g., September 1).

     

    9112.3             When families move to another dwelling unit, the family shall not be required to complete an interim recertification unless the household composition has changed and the family member who was added or removed had income counted in the last triennial recertification. The family rent to owner shall be the TTP calculated using the family’s most recent interim or scheduled recertification, together with the utility allowance and contract rent applicable to the new dwelling unit.

     

    9113               RECERTIFICATION NOTICE TO THE FAMILY

     

    9113.1             In accordance with Subsection 5313.1, DCHA shall maintain a recertification tracking system that shall ensure that at least one hundred fifty (150) days in advance of the scheduled triennial recertification effective date, the Head of Household shall be notified by mail that she or he is required to attend a recertification interview on a specified date, or rearrange a date in advance, if the scheduled date is unacceptable. The notice shall tell the participant which documents to bring.  Except for the timing of the recertification appointment, all other procedures required by Sections 5313 and 5805 shall be followed.

     

    9114                INTERIM RECERTIFICATIONS

     

    9114.1             Interim recertifications in the Rent Reform Demonstration are limited in frequency and scope.

     

    9114.2             Families are not required to report increases in income between triennial recertifications. 

     

    9114.3             Family’s may request and receive an interim reduction in rent:

     

    (a)                When their income falls, households may request, an interim re-certification of their income.  An interim shall be conducted only when a household has a reduction in income of 10% or more from the retrospective income used to calculate their TTP.

     

    (b)               DCHA shall re-calculate the household TTP based on a new retrospective income to determine the greater of 28% of gross income or the minimum rent of $75.  This new TTP shall remain in effect until the next triennial certification unless an interim recertification is required or the family receives a lower TTP as part of a hardship waiver.

     

    (c)                The household may request and receive one interim recertification per year, unless an additional interim recertification is granted as part of a hardship waiver. 

     

    9114.4             Households are required to report changes in household composition within thirty (30) calendar days of the change in household composition.  

     

    9114.5             Households seeking to move to a new unit shall not be required to complete an interim review of income and have TTP recalculated, unless the move is the result of a change in household composition and voucher size (as described above), or when the tenant requests an interim due to a decrease in income.  The family rent to owner shall be calculated using the family’s most recent interim or scheduled recertification TTP, together with the utility allowance and contract rent applicable to the new dwelling unit.

     

    9114.6             When the utility allowance schedule is updated to reflect rate changes, utility allowances and utility allowance payments (UAPs) shall be adjusted only when HAP subsidies or TTPs are recalculated for other reasons. More specifically, updated utility schedules shall be applied when households:

     

    (a)                Experience a change in unit rent; or

     

    (b)               Recertify and the TTP is recalculated during interim or triennial; or

     

    (c)                Move to a new units, or

     

    (d)               Change the household composition and qualify for a different voucher size.  

     

    9114.7             DCHA shall conduct a third party verification every ninety days for those families who report zero income and initiate an interim recertification.

     

    9115               ASSETS

     

    9115.1             Households shall not be required to report the value or income from assets that are valued at less than $25,000, but shall be required to certify that their combined asset value is under $25,000.  This income shall not be included in the income calculated to determine TTP.  If a household has assets that are $25,000 or more, they shall be required to report this information, and the income from assets shall be calculated.

     

    9116                FAMILY MOVES

     

    9116.1             Family moves for participants (Control and Study Group) who are in the MTW Rent Reform Demonstration shall be governed by this chapter only.

     

    9116.2             DCHA shall not approve requests to move a Family more than once in a twelve (12) month period unless one of the following exceptions applies:

     

    (a)        A victim or Family seeks to move under the protections enumerated in the VAWA;

     

    (b)               DCHA terminates the HAP contract with the owner;

     

    (c)                The move is necessary to grant a request for a reasonable accommodation;

     

    (d)               A transfer voucher is granted as part of a hardship waiver; or

     

    (e)                DCHA has determined, in its sole discretion, that one or more of the following emergency situations applies:

     

    (1)               There is a credible threat of domestic violence or need for witness protection in connection with the Household that may be mitigated by a move;

     

    (2)               There are serious unresolved Housing Quality Standard landlord violations in the Participant Household's existing leased unit;

     

    (3)               Other emergency factors acceptable to DCHA have been identified by the Participant Household.

     

    9116.3             Families may only request a Voucher transfer briefing if the Family:


    (a)        Has lived in their unit for at least a year;

     

    (b)        Has not been terminated or is not currently being recommended for termination;

     

    (c)        Is in good standing with the lease in the current unit (no outstanding rent or tenant-responsible utility bills); and

     

    (d)       Does not have any current tenant-caused HQs violations in their existing unit.

     

    9116.4             If the request is timely and granted, a Family shall receive no more than two (2) transfer vouchers and two (2) transfer briefings between every triennial recertification.

     

    9116.5             Notwithstanding Subsections 9116.2, 9116.3 and 9116.4, Families shall be issued an emergency transfer voucher if one (1) or more of the following conditions apply:

     

    (a)        The Family has demonstrated a need based on the protections for victims of intrafamily violence as explained in Section 4907 of Title 14;

     

    (b)        DCHA has terminated the HAP contract with the Family’s landlord;

     

    (c)        The Owner has initiated eviction proceedings against the Family;

     

    (d)       Emergency Transfer was granted after request from the Office of the Attorney General or the United States Attorney’s Office as a matter of safety;

     

    (e)        If DCHA determines the family voucher size is too large, and the Family is not within the first year of tenancy; or

     

    (f)        The family has been granted a transfer voucher as part of a hardship waiver.

     

    9116.6             Transfer Vouchers.

     

    (a)                For a Family that qualifies for a move under this section, the Participant Household shall be offered a Transfer Voucher to search for another unit.

     

    (b)               The Transfer Voucher shall  expire at the earlier of 180 days from the date of its issuance, or the date DCHA has terminated the Housing Assistance Contract on the Family existing unit with notice to the Household,

     

    (c)                Any denial or refusal to issue a Transfer Voucher shall be issued in writing and state the reasons for such denial, including the specific nature of any denial due to any violation of Family Obligations or failure to be in good standing.

     

    9116.7             Processing the Move. After issuance of a Transfer Voucher, if the Family locates a dwelling unit it wishes to lease, it shall be processed by DCHA as a new lease-up, including the following:

     

    (a)        Provision of a lease-up packet when the Transfer Voucher is issued;

     

    (b)        Inspection of the new unit for compliance with HQS; and

     

    (c)        Approval of the lease-up lease package, including the lease and the lease terms including the gross rent and the contract rent subject to a rent reasonableness determination.

     

    9116.8             Failure to Relocate. After a Transfer Voucher is issued, if the Family does not locate a new dwelling unit to move to:

     

    (a)        The Family may continue on where it is currently leasing, provided that:

     

    (1)        The Family has not yet given notice to terminate their lease to the owner; or

     

    (2)        The Family has delivered to the owner a notice rescinding the earlier termination notice with a copy of such notice simultaneously delivered to DCHA; and

     

    (3)        The HAP Contract has not otherwise been terminated by DCHA.

     

    (b)        The Family is not required to provide new lease-up or other documents to DCHA and the owner shall continue to receive Housing Assistance Payments as if the Participant had never requested the Transfer Voucher.

     

    (c)        The Family’s prior Total Tenant Payment continues in effect.

     

    9116.9             Future Moves. If a Family decides to move at a future date while the Transfer Voucher is still in effect, or upon obtaining another Transfer Voucher, the Family is required to:

     

    (a)        Give the Owner notice as provided under the lease or otherwise by mutual consent with the Owner permitting termination of the existing lease; or

     

    (b)        If the Transfer Voucher has expired, the Family is required to request a Transfer Voucher under the conditions identified in Subsection 9116.3.

     

    9117                PORTABILITY PROCEDURES

     

    9117.1             If, at the time of their triennial certification, households report that they are interested in exercising their portability option to move to another jurisdiction, they shall be referred to the appropriate receiving PHA, and shall not be included in the rent reform study.  Another family shall be selected to replace the household porting out.

     

    9118               HARDSHIP WAIVER POLICY

     

    9118.1             A Family may request a Hardship waiver at any time if the family can demonstrate one of the following circumstances listed below. If the family receives a temporary TTP during the initial grace period, then the family may request a hardship waiver within 15 days before the expiration of the initial grace period or thereafter.

     

    (a)                After the effective date of the TTP, the new TTP has put the Family at imminent risk of eviction as a result of non-payment of rent, and the hardship cannot be remedied by the one interim recertification permitted each year (which cannot reduce a household’s TTP below the minimum level);

     

    (b)               The Family is at an income level or experiences a loss of income and/or a TTP increase such that its total monthly TTP exceeds 40 percent of its current monthly gross income. Any amount by which the gross rent exceeds the payment standard must be paid by the family and is not used in determining this 40% rent burden. The gross income shall include imputed income in the same manner as current calculations;

     

    (c)                Zero household income;

     

    (d)               Loss of eligibility for a federal state, or local assistance program which reduces the Family income such that the total monthly TTP exceeds 40 percent of its current monthly gross income;

     

    (e)                Temporary or permanent disability, incapacitation or illness, or death of a household member, which reduces the Family income such that the total monthly TTP exceeds 40 percent of its current monthly gross income; or

     

    (f)                Significant income loss because of other changed circumstances, including the loss of employment, reduction in work hours or pay, or loss of public benefits.

     

    (g)               Other circumstances as determined by DCHA.

     

    9118.2             The process for requesting a Hardship Waiver is as follows:  

     

    (a)                The Head of Household must initiate a request for a Hardship Waiver by completing and submitting a written hardship request to the Housing Choice Voucher Program within 30 days of a Notice to Cure or Vacate or a Complaint for possession of the unit received showing an eviction risk (or negative impact on the Family);

     

    (b)               The Head of Household must supply information and documentation that supports a hardship claim with their written request. For example, a household must provide proof of the following: loss of eligibility for a federal state, or local assistance program; loss of employment, reduction in work hours, or loss of federal, state or local assistance; or the temporary or permanent disability, incapacitation or illness, or death of a household member and amount of lost income;

     

    (c)                If the Head of Household claims zero household income as part of its hardship request, it must provide a detailed accounting of funds used to cover basic costs of living (food, personal/family care necessities, etc.); 

     

    (d)               To receive hardship based on the risk of eviction for non-payment of rent, a household must provide a copy of a rent ledger showing an accruing balance, a notice from the landlord, a 30 day Notice to Vacate or Cure or a Summons and Complaint from the landlord for non-payment of rent or any other proof acceptable to DCHA;

     

    (e)                To receive hardship based on the risk of utility shut-off, a household must provide a copy of a shut-off notice, a recent bill from the utility company showing an accruing balance, a notice from the landlord, or any other proof acceptable to DCHA.

     

    9118.3             The Hardship Review Process is as follows: 

     

    (a)                DCHA shall review the Hardship Request in accordance with this section and provide written notice to the Head of Household within ten (10) business days of its decision to grant the Hardship requests;

     

    (b)               DCHA shall complete all information regarding the request for Hardship and the outcome in the Head of Household file;

     

    (c)                Where a hardship waiver is denied, the household may request an independent review of DCHA’s denial to the Director of the Housing Choice Program or his/her designee. 

     

    (d)               For hardship claims related to imminent risk of eviction or utility shut-off, DCHA shall conduct an expedited independent review.

     

    9118.4             At the sole discretion of DCHA, the Hardship Remedies may include any of the following:

     

    (a)                Allowing an additional interim recertification beyond the normal one-per-year option.  This could lower household’s TTP, which includes lowering the minimum rent until the next triennial recertification;

     

    (b)               Setting the household’s TTP below the minimum, at 28 percent of current income, for up to 180 days; 

     

    (c)                Offering a “transfer voucher” to support a move to a more affordable unit (including a unit with lower utility expenses); or

     

    (d)               Any combination of the above remedies. 

     

    9118.5             During the 180 day period when the TTP is reduced, DCHA shall recalculate the subsidy payment based on the reduced TTP. DCHA shall notify the Landlord and the Head of Household of the change in subsidy payment.

     

    9118.6             In addition to the remedy or remedies offered, the Head of Household may be referred to federal, state or local assistance programs to apply for assistance, or to obtain verification that they are ineligible to receive benefits.

     

    9118.7             The Hardship remedies are subject to the following limitations:

     

    (a)                The  new Family rent to owner shall be effective on the 1st of the following month after approval;

     

    (b)               Remedies shall not affect any rent attributable to a gross rent that exceeds the applicable payment standard;

     

    (c)                Opting out of the alternative rent policy is not a remedy option.

     

    9118.8             Expiration of the Hardship Waiver Period:

     

    (a)                If after the 180-day Hardship period expires and the Family’s hardship continues, the Family may submit a request for an extension of the hardship remedy. However, the hardship waiver shall never go past the triennial recertification date;

     

    (b)               At the end of the hardship waiver period, the household’s regular TTP shall be reinstated.

     

    9999                DEFINITIONS

     

    Control Group – HCVP participants who are randomly selected for the program, but have their vouchers administered pursuant to the existing DCHA HCVP Administrative Plan.  These families shall be followed for the entire length of the program and their progress toward self-sufficiency shall be compared to the study group.

     

    Current/Anticipated Income – Prospective annual income based upon the earnings and benefits received at the time of the certification.  It may be used in calculating income used to determine TTP in certain circumstances.

     

    Elderly Household - Elderly households are defined, for the purposes of participation in the Rent Reform Demonstration, (both the experimental and control groups), as households whose head, spouse or sole member is 56 years or older at the time the family would enter the study group.

     

    Family Share - The Family Share is calculated by subtracting the amount of the total housing assistance payment (HAP) from gross rent. 

     

    Interim Recertification – a certification of a household’s income that occurs in between regularly scheduled triennial recertification. Households may request one interim recertification if they experience a reduction in income each year. 

     

    Minimum Rent – The minimum amount a Head of Household must contribute toward their lease rent.  This amount must be paid directly to the owner each month, even if 28% of monthly income is less than the minimum rent. The minimum rent for study participants is $75.

     

    Rent Reform Demonstration – a study commissioned by the U.S. Department of Housing and Urban Development (HUD) to evaluate a Housing Choice Voucher (HCVP) alternative rent reform policy. The demonstration implements alternative rent calculations and recertification strategies at several PHAs across the country in order to fully test the policies.  DCHA is one of the participants in the study.

     

    Rent Burden – When a family is initially certified for the Rent Reform Demonstration, and when they move to a new unit, the maximum rent burden is 40% of the household’s gross monthly income.  If the family’s TTP exceeds this amount, the unit shall be disapproved. This maximum rent burden does not apply in future certifications if the household remains in the same unit.

     

    Rent to Owner - The amount payable monthly by the Family as rent to the unit owner which equals the TTP minus the utility allowance, if applicable. However, if the Family Share is less than the Minimum Rent the rent to owner equals minimum rent. 

     

    Retrospective Income – Total household income that was received in the 12 month (look-back) period prior to the recertification being conducted. 

     

    Study Group - HCVP Participants who are randomly selected for the program and shall have the alternative rent policies of the Rent Reform Demonstration applied to their subsidy participation.  This family shall be followed for the entire length of the program and their progress toward self-sufficiency shall be compared to the control group.

     

    Temporary Total Tenant Payment – a Total Tenant Payment set for a six-month grace period.

     

    Total Tenant Payment (TTP) – The TTP is 28% of the Family gross income or minimum rent, whichever is higher.  

                             

    Triennial Recertification – certification of a household’s income and family composition that is used to establish the household’s TTP three years from the date of the initial recertification for entry into this program.