4549802 Notice of Final Rulemaking to establish District of Columbia Housing Authority policies on termination of assistance for participation in criminal activity

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 (2008 Repl. & 2012 Supp.)), hereby gives notice of the adoption of the following amendments to Chapter 58 (Owner Eviction Guidelines and Grounds for Termination from the Housing Choice Voucher Program) of Title 14 (Housing) of the District of Columbia Municipal Regulations (DCMR) on the date of publication of this notice in the D.C. Register. 

 

The purpose of the amendments is to provide guidance on the policy for terminating assistance for participants based on criminal activity.

 

The proposed rulemaking was published in the D.C. Register on June 7, 2013, at 60 DCR 8668.  Final action to adopt this rulemaking was taken at the Board of Commissioners regular meeting on September 11, 2013.  The final rules will become effective upon publication of this notice in the D.C. Register.

 

Chapter 58 (Owner Eviction Guidelines and Grounds for Termination from the Housing Choice Voucher Program) of Title 14 (Housing) of the DCMR is amended as follows:

 

Section 5804 is added as follows:

 

          5804                Termination of Participation and Assistance for Criminal Activity

           

5804.1             DCHA shall terminate participation of a Family if:

 

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

 

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

 

5804.2             DCHA may terminate participation of a Family if:

 

(a)                Any adult Family member is currently engaged in any illegal use of a drug at or in the proximity of the assisted unit, that causes a nuisance or a disturbance at or in the proximity of the assisted unit or surrounding neighborhood or, threatens the health or safety of neighbors at or in the proximity of the assisted unit or surrounding neighborhood; or

 

(b)        Any Family member has engaged in any felonious drug related criminal activity in the preceding two (2) years from the date of a notice of recommendation for termination for drug related criminal activity.

 

5804.3             As used in this section only, “currently engaged” shall mean one or more offenses that occurred no more than nine months prior to the date a notice of recommendation for termination for drug related criminal activity is issued by DCHA.

 

5804.4             DCHA has the burden of proving that a Family violated one or more of its obligations by a preponderance of the evidence.

 

5804.5             The following types of evidence of drug related activity are relevant to show that a family member has violated the family obligation prohibiting such activity:

 

(a)                Conviction or the arrest for any crime described in Title 48, Subtitle III, Chapter 9, Subchapter IV of the D.C. Official Code;

 

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

 

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

 

(d)               Credible evidence provided by persons with knowledge of the alleged activity; or

 

(e)        Search warrant return for the property listing drugs, or drug paraphernalia.

 

5804.6             DCHA may terminate participation of a Family if:

 

(a)                Any adult Family member has engaged in any violent criminal activity in the preceding two (2) years from the date of a notice of recommendation for termination for violent criminal activity.

 

(b)               Any adult Family member has engaged in any violent criminal activity in the preceding two (2) years from the date of a notice of recommendation for termination for violent criminal activity.

 

5804.7             The following types of evidence of violent criminal activity are relevant to show that a Family member has violated their family obligation prohibiting such activity:

 

(a)                Conviction or arrest for any of the following criminal offenses listed in D.C. Official Code § 23-1331(4);    

 

(b)               Police report listing violent criminal activity by a household member;

 

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

 

(d)               Credible evidence provided by persons with knowledge of the alleged activity; or

 

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

 

5804.8             In instances where DCHA has discretion to terminate assistance for the activities as described in § 5804.2 and § 5804.6, DCHA will consider evidence of or testimony about relevant mitigating circumstances, rehabilitation, and disabilities as enumerated at 24 C.F.R. § 982.552(c)(2).

 

5804.9             Prior to an Informal Hearing a Head of Household may present evidence of mitigating circumstances for consideration directly to the HCVP Director or an appointed designee prior to an Informal Hearing, but only if the person alleged to have committed the criminal activity is not the Head of Household.

 

5804.10           After a Head of Household or Family member provides evidence of mitigating circumstances to DCHA, the HCVP Director or an appointed designee will notify the Family within ten (10) business days via first class mail whether the information provided was sufficient to rescind the recommendation for termination.

 

5804.11           DCHA shall not consider evidence of mitigating circumstances prior to the Informal Hearing when the person alleged to have committed the criminal activity is the Head of Household.

 

5804.12           A Family shall be notified of their rights under Chapter 89 of this title of the DCMR on the notice of termination.

 

5804.13           DCHA shall not terminate assistance for criminal activity pursuant to the factors enumerated at § 4907.5 if the Head of Household or immediate family member is the victim of an intra-family offense.