1740973 Notice of Final Rulemaking amending to the existing regulations regarding DCHA’s Waiting List.

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 amendments of sections 6103 and 6106 of chapter 61 of title 14 of the District of Columbia Municipal Regulations.  The final regulations set forth amendments to the existing regulations regarding DCHA’s Waiting List.

 

The Notice of Proposed Rulemaking was published on September 10, 2010, at 57 DCR 8250.  No substantive comments were received to the Proposed Rulemaking.  Minor technical changes (e.g., correcting citation formats, formatting, punctuation, and removing “(2^nd)” after the term “second” in subsection 6106.13(c), (d)) were made to the Final Rulemaking, but no substantive changes were made.  The final action was taken to adopt this rulemaking was taken at the Board of Commissioners regular meeting on March 9, 2011.  The final rules will become effective on the date of publication of this notice in the D.C. Register.

 

6103, Waiting Lists, subsection 6103.7 is amended to read as follows:

 

6103.7             DCHA will mail a waiting list update form to each applicant periodically.

 

(a)                Applicants who return a completed update form to the DCHA within the time frame specified in the update package, shall retain their place on the waiting list and remain active;

 

(b)        If the applicant indicates that his or her circumstances have changed, the appropriate changes shall be made on the waiting list;

 

(c)                Applicants who do not return the completed update form within the specified time frame shall have their waiting list status changed to inactive:

 

(1)        An applicant whose status is inactive will not receive offers of housing placement from DCHA; and

 

(2)        If an inactive applicant submits a completed update form at any time after the expiration of the specified time frame, then the applicant shall be restored to active status on the waiting list with the applicant's original application date; and

 

(d)       If an applicant has been inactive for three (3) years prior to October 1,

2006, for all types of housing assistance offered by DCHA and requested by the applicant; the applicant must reapply for any type of housing assistance offered by DCHA.

 

6106, Eligibility, subsection 6106.4 is amended to read as follows:

 

6106.4             If an applicant does not respond to notice of an eligibility interview and does not request an alternate appointment in advance of the scheduled interview date, then the applicant shall be deemed inactive on the waiting list for the type housing assistance offered. If the applicant informs DCHA that the applicant remains in need of the housing assistance at any time after the scheduled interview date, then the applicant shall be restored to active status on the waiting list for the relevant type of housing assistance with the applicant's original application date. The applicant shall be scheduled for another eligibility interview based on the restored application date and any updated applicant information.

 

Section 6106, Eligibility, subsection 6106.13 is amended to read as follows:

 

6106. 13          BRIEFINGS

 

(a)                Applicants must attend a full briefing prior to issuance of a Housing

            Choice Voucher unless this requirement is waived by the Executive Director in emergency cases.

 

(b)               DCHA will mail notice of the briefing via U.S. mail to the last address

            provided by the applicant or existing participant.

 

(c)                Families or applicants who provide prior notice of inability to attend a

            briefing will automatically be scheduled for the next available briefing and notified by mail of its date and time. If a family or applicant fails to attend a scheduled briefing another notice will be mailed for a second briefing date.

 

(d)               If an applicant fails to attend two (2) scheduled briefings, and does not

            notify DCHA in advance of their inability to attend the second briefing appointment, then the applicant shall be deemed inactive on the waiting list. If the applicant informs DCHA that the applicant remains in need of the housing assistance at any time after becoming inactive then the applicant shall be restored to active status on the waiting list with the applicant's original application date.

 

(e)                If vouchers of the type that would have been issued to the applicant at

            the missed briefings are still available and the inactive applicant asserts the need for housing assistance less than thirty (30) days after initial eligibility determination then a new briefing appointment shall be made with the applicant.

 

(f)                If the inactive applicant requests assistance more than thirty (30) days after the initial eligibility determination by DCHA, and vouchers of the type that would have been issued to the applicant at the missed briefings are still available; DCHA shall schedule the restored applicant for another eligibility interview.  If the applicant is determined to be eligible, the applicant shall be scheduled for a full briefing. If vouchers of the type that would have been issued are not available, the applicant will be restored to the waiting list as an active applicant with the date and time of the original application.