13016.1The Department shall impose sanctions on a Program participant that fails to comply with the obligations imposed by this chapter, subject to the requirements in Sections 204 and 205 of the Emergency Rental Assistance Reform and Career Mobility Action Plan Program Establishment Amendment Act of 2022.
13016.2If a Program participant fails to maintain residence in the District, the Department shall terminate the household from the Program if:
(a) The Department has documentation of the Program participant's status as a non-District resident; and,(b) The Department gives the Program participant an opportunity to demonstrate continuing District residency prior to termination.13016.3If a head of household does not re-engage with the Program participant's navigator after the Department or its designee contacts them following receipt of a report of non-compliance, the Program participant shall be considered non-compliant with the monthly meeting requirement.
13016.4The Department shall employ the following process for imposing graduated sanctions for the first time a Program participant is determined non-compliant with the monthly meeting requirement:
(a) The Department shall issue a first notice of non-compliance providing the Program participant via email or mail with thirty (30) days after the date the notice was issued to move into compliance before the first level of graduated sanctions are imposed.(b) Thirty (30) days after a first notice of non-compliance is issued via email or mail, if the Program participant has not complied with the monthly meeting requirement by re-engaging with its assigned navigator and meeting with them to discuss its career mobility action plan, sanctions will take place as follows:(1) Immediately, the Program participant's monthly rental obligation will increase to the lesser of forty percent (40%) of its net income or the full amount of rent under the lease, and all Program rental discounts, income support, and other supports will be discontinued.(2) These sanctions shall remain in effect until the Program participant moves into compliance or exits the program. If a Program participant moves into compliance, these sanctions will end starting with its next monthly rental payment and income support payment after the Department or its designee has documented the Program participant's compliance in the Program participant's Career MAP case files.(3) The Department shall issue a second notice of non-compliance providing the Program participant with five (5) months after issuance to move into compliance before the second level of graduated sanctions are imposed.(c) Five (5) months after a second notice of noncompliance is issued, the Program participant shall receive a notice via e-mail or mail and be terminated from the Program if it has not complied with the monthly meeting requirement by re-engaging with its assigned navigator and meeting with them to have an in-depth discussion about its career mobility action plan.13016.5The Department shall employ the following process for imposing graduated sanctions for the second time a Program participant is determined non-compliant with the monthly meeting requirement:
(a) The Department shall issue a first notice of non-compliance notifying the Program participant that: (1) Its monthly rental obligation will increase to forty (40) percent of its net income, and all Program rental assistance, income support, and other supports will be discontinued, thirty (30) days after the notice is sent; and(2) These sanctions shall remain in effect until the Program participant moves into compliance or exits the Program.(b) If a Program participant moves into compliance, these sanctions will end starting with its next monthly rental payment and income support payment after the Department or its designee has documented the Program participant's compliance in the household's Career MAP case files.(c) If the Program participant remains non-compliant after thirty (30) days, the Department shall issue a second notice of non-compliance providing the Program participant with three (3) months to move into compliance before the second level of graduated sanctions are imposed.(d) Three (3) months after a second notice of noncompliance is issued, the Program participant shall be terminated from the Program if it has not complied with the monthly meeting requirement by re-engaging with its assigned navigator and meeting with them to discuss its career mobility action plan.13016.6For the third time a Program participant is determined non-compliant with the monthly meeting requirement, the Department shall issue a notice of noncompliance via e-mail or mail advising that the Program participant will be terminated from the Program within thirty (30) days if it does not comply with the monthly meeting requirements by re-engaging with its assigned navigator and meeting with them to discuss its career mobility action plan before that time.
13016.7If a Program participant fails to pay at least fifty dollars ($50) towards its subsidized rental unit or the total amount of its discounted rental obligation each month under § 13007, whichever is lower, the Department shall impose graduated sanctions, which may include eventual program termination.
13016.8If a Program participant's full discounted rental obligation under § 13007 is greater than fifty dollars ($50), and the head of household fails to make a good faith effort to pay that obligation each month, the Department shall sanction the Program participant, but the sanction shall not include program termination.
13016.9Good-faith effort to pay monthly discounted rental obligations means that a Program participant engages in an honest and diligent effort to pay its obligation during Program participation and informs the Department or its designee orally or in writing five (5) days before the payment is due if it cannot pay or cannot pay by the payment due date.
13016.10If a Program participant does not pay at least fifty dollars ($50) in rent towards its subsidized rental unit or the total amount of its discounted rent obligation each month under § 13007, whichever is lower; and does not make a good faith effort to pay its full monthly discounted rental obligation, the Department shall consider the Program participant non-compliant with its discounted rental obligation and shall impose graduated sanctions.
13016.11The Department shall employ the following process for imposing graduated sanctions for the first time a Program participant is determined non-compliant with the monthly discounted rental obligation requirement:
(a) The Department shall issue a first notice of non-compliance via e-mail or mail that notifies the head of household that, unless the Program participant complies with the monthly discounted rental obligation within thirty (30) days by making a payment of at least fifty dollars ($50), graduated sanctions will be imposed.(b) If a Program participant has not become compliant with the monthly discounted rental obligation within thirty (30) days after a first notice of non-compliance is issued: (1) Funds from the Program participant's Program escrow account shall be applied toward the amount of rent overdue; and(2) The Department shall discontinue all Program income support payments and emergency payments until the Program participant moves into compliance.(c) The sanctions described in paragraph (b) shall remain in effect until the Program participant moves into compliance or exits the program.(d) If a Program participant moves into compliance, these sanctions shall end starting with its next monthly rental payment and income support payment after the Department or its designee has documented compliance in a Program participant's Career MAP files. The Department shall replenish any funds that had been used from the escrow account to meet the rental obligation.(e) If a Program participant does not move into compliance, the Department shall issue a second notice of non-compliance, which shall give the Program participant five (5) months to move into compliance before the second level of graduated sanctions are imposed.(f) Five (5) months after a second notice of noncompliance is issued, the Department shall terminate a Program participant from the Program if it has not paid overdue monthly rent obligations in the amount of at least fifty dollars ($50) or the total amount of its discounted rent obligation under § 13007, whichever is lower.13016.12The Department shall employ the following process for imposing graduated sanctions for the second time a Program participant is determined non-compliant with the monthly rental obligation requirement:
(a) The Department shall issue a first notice of non-compliance notifying the Program participant that funds from the Program participant's Program escrow account shall be immediately applied toward the amount of rent overdue, if the Department has not received payment of the full rent obligation from the Program participant.(b) The Department shall immediately discontinue all Program income support payments and emergency payments until the Program participant moves into compliance.(c) These sanctions shall remain in effect until the Program participant moves into compliance or exits the Program.(d) If a Program participant moves into compliance, these sanctions shall end starting with its next monthly rental payment and income support payment after the Department or its designee has documented compliance in a Program participant's Career MAP files. The Department shall replenish any funds that had been used from the escrow account to meet the rental obligation.(e) If a Program participant does not move into compliance, the Department shall issue a second notice of non-compliance, which shall give the Program participant three (3) months to move into compliance before the second level of graduated sanctions are imposed.(f) Three (3) months after the second notice of noncompliance is issued, a Program participant shall be terminated from the Program if it has not paid overdue monthly rent obligations in the amount of at least fifty dollars ($50) or the total amount of its discounted rent obligation under § 13007, whichever is lower.13016.13The Department may immediately terminate a Program participant from the Program, subject to the hearing requirements established in the Act, if the Department determines that a member of the household:
(a) Is conducting illegal activity;(b) Is in possession of illegal substances; or(c) Has threatened or is threatening or who has endangered or is endangering persons or property on the premises of the unit subsidized by the Program.13016.14Termination pursuant to this section refers to a termination of all Program support services and assistance and does not provide the Department or its designee with any authority to interfere with a Program participant's tenancy rights under the lease agreement as governed by Title 14 of the District of Columbia Municipal Regulations.
D.C. Mun. Regs. tit. 29, r. 29-13016
Final Rulemaking published at 70 DCR 8238 (6/9/2023)