D.C. Mun. Regs. tit. 14, r. 14-5751

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 14-5751 - FAMILY RIGHT TO MOVE

5751.1

The Family may terminate its assisted lease at any time after the first year of occupancy, subject to the terms of the lease. The Family must provide thirty (30)-day written notice of intent to vacate to the Property Manager of the RAD Covered Project (with a copy to DCHA), in accordance with the lease.

5751.2

Prior to or at the time of submitting a written notice of intent to vacate in accordance with Subsection 5751.1, the Family may request the opportunity for continued tenant-based rental assistance in the form of a tenant-based voucher under the Housing Choice Voucher Program. To request a tenant-based voucher, the Family must submit a written request to the Property Manager of the RAD Covered Project. Requests for continued tenant-based assistance will only be accepted from Families that meet the eligibility requirements of Subsection 5751.3.

5751.3

Tenants are eligible for continued tenant-based assistance, pursuant to Subsection 5751.2, only if:

(a) By the date requested for lease termination, the Family will have resided continuously in a RAD unit for at least one calendar year; and

(b) On the date of request for continued tenant-based assistance pursuant to Section 5751.2, the Family is compliant with the terms and conditions of its lease, in accordance with Sections 5750.2 - 5750.4.

5751.4

If, on the date of receipt of a request submitted pursuant to Subsection 5751.2, (i) the Family is deemed eligible, in accordance with Subsection 5751.3, and (ii) a tenant-based voucher is available, DCHA shall offer the Family a tenant-based voucher. Notwithstanding the foregoing, subject to applicable federal requirements, if DCHA has already issued seventy- five percent (75%) of its total turnover vouchers in any single calendar year to Families of RAD units, DCHA shall place the Family on the RAD tenant-based voucher transfer list governed in accordance with Subsection 5751.6.

5751.5

If, at the time of receipt of a request submitted pursuant to Subsection 5751.2, (i) the Family is deemed eligible, in accordance with Subsection 5751.3, and (ii) a tenant-based voucher is not available, DCHA shall place the Family on the transfer list governed in accordance with Subsection 5751.6.

5751.6

Families requesting continued tenant-based assistance shall be prioritized based on the date on which the Family submitted its request for continued tenant-based assistance pursuant to § 5751.2. Families on the RAD/PBV tenant-based voucher transfer list shall take priority over all other applicants for tenant-based vouchers. Notwithstanding the foregoing, subject to applicable federal requirements, once DCHA has issued seventy-five percent (75%) of its total turnover vouchers to Families of RAD units in any single calendar year, the priority given to Families placed on the RAD tenant-based voucher transfer list shall be governed by Chapter 76 of this title.

5751.7

If, at the time a Family reaches the top of the RAD tenant-based voucher transfer list, (i) a voucher is available and (ii) the Family has priority over all other applicants for tenant-based vouchers, based on the provisions of Subsection 5751.6, DCHA shall offer the Family a tenant-based voucher.

5751.8

When DCHA is required to offer a Family a tenant-based voucher pursuant to Sections 5748 through 5752, DCHA shall provide written notice of its offer to the Family. The Family must submit a written acceptance of the tenant-based voucher to DCHA within thirty (30) days of the notice of offer. Failure to submit a written acceptance of the voucher to DCHA within thirty (30) days of the notice of offer shall result in the Family being placed back on the RAD tenant-based voucher transfer list with a priority date set to the date of expiration of the notice of offer.

5751.9

If a Family timely accepts an offer to receive a tenant-based voucher, DCHA shall issue the Family a tenant-based voucher. Notwithstanding, if at the time of acceptance, the Family is not compliant with the terms and conditions of its lease, in accordance with Subsections 5750.2 - 5750.4, DCHA may rescind its offer to issue a tenant-based voucher.

5751.10

Once issued, a tenant-based voucher shall expire one hundred eighty (180) days from the date of its issuance.

5751.11

If a 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;

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

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

5751.12

If the tenant-based voucher expires before the Family initiates the lease-up process, pursuant to Subsection 5751.11:

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

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

(2) The Family has delivered to the owner a notice rescinding the Family's 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 continued tenant-based assistance.

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

(d) The Family shall not be eligible for another Tenant-Based voucher for twenty-four (24) months from the issuance of the expired voucher.

D.C. Mun. Regs. tit. 14, r. 14-5751

Final Rulemaking published at 64 DCR 12956 (12/22/2017); amended by Final Rulemaking published at 66 DCR 6831 (6/7/2019)