D.C. Mun. Regs. tit. 29, r. 29-7803

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

Rule 29-7803 - [Effective 1/15/2025] ELIGIBILITY CRITERIA

7803.1

An applicant shall be eligible to receive FRSP assistance if the applicant unit is a family, as defined in § 7899, that:

(a) Is currently experiencing homelessness as defined by Section 2 of the HSRA (D.C. Official Code § 4-751.01(18)) , or is at imminent risk of experiencing homelessness; and

(b) Is a resident of the District of Columbia as defined by Section 2 of the HSRA (D.C. Official Code § 4-751.01(32)) .

7803.2

Relevant factors for determining whether a household is appropriate for FRSP assistance include, but are not limited to:

(a) Current income;

(b) Expected future income;

(c) Rental history;

(d) Employment history;

(e) Employment potential based on job skills, certifications, or participation in a training or employment program;

(f) Previous receipt of emergency rental assistance, including Emergency Rental Assistance Program or other homeless services within the last eighteen (18) months, whether applying for the same or different financial assistance;

(g) Assessment on a uniform tool as selected by the Department, such as the Service Prioritization Decision Assistance Tool (SPDAT), that identifies Rapid Re-Housing as the appropriate housing assistance option based on the applicant's needs;

(h) Identification by the District of Columbia Housing Authority (DCHA) or other subsidized housing provider, as a household that is reasonably likely to receive DCHA or other subsidized housing within approximately twelve (12) months;

(i) Willingness to take steps that could reasonably lead to increased income in the household; and

(j) Identification of and willingness to take steps that could reasonably lead to permanent housing stability in cohabitation with family, friends, or other appropriate and safe situations.

7803.3

The Eligibility Provider shall determine the eligibility in as short a time as feasible, but not later than ten (10) calendar days after receipt of a completed application by the Eligibility Provider. Delays caused by the following shall not count towards the ten (10)-day deadline:

(a) The applicant's inability to supply information to document facts stated in the completed application needed to determine eligibility and type or amount of assistance;

(b) The inability to contact the applicant through telephone, mail, or email;

(c) Evidence of misrepresentation in the application;

(d) Delay by a third party from whom the Eligibility Provider has requested information; or

(e) Any other delay in receipt of information or documentation from the applicant that is necessary to complete the application.

7803.4

The Eligibility Provider shall create and maintain in the applicant's or participant's file detailed documentation of the Program's eligibility determination, including the assistance for which the applicant qualifies and subsequent case-management reviews.

7803.5

If an applicant is determined eligible for FRSP assistance pursuant to § 7803.1, the Eligibility Provider shall give to the applicant, personally or through an authorized representative, a written Notice of Eligibility Determination which shall state:

(a) That the applicant was determined eligible;

(b) The reason or reasons why the applicant was determined eligible;

(c) That receipt of FRSP assistance is conditioned upon selecting an FRSP-approved housing unit and completing steps to lease-up and move into the unit in a timely manner, which is thirty (30) days from the date of the notice of eligibility;

(d) The initial length of time for which the subsidy will be provided; and, if extensions are conditioned upon certain factors, what those factors are;

(e) An initial estimation of what services and supports as outlined in § 7805.2 will be provided to the applicant as part of FRSP participation;

(f) That all FRSP participants must make a good faith effort to participate in case management services; and

(g) That the FRSP participant has a right to appeal the eligibility determination through fair hearing and administrative review proceedings in accordance with § 7809, including the appropriate deadlines for requesting an appeal.

7803.6

If an applicant is determined ineligible for an initial application for FRSP assistance, the Eligibility Provider shall give to the applicant, personally or through an authorized representative, a written Notice of Denial of Eligibility which shall state:

(a) That the applicant is being denied eligibility;

(b) The reason or reasons for the denial, including the factual and legal basis for the denial;

(c) The applicable statute, regulation, or policy pursuant to which the denial was made;

(d) That the FRSP applicant has a right to appeal the denial through fair hearing and administrative review proceedings pursuant to § 7809, including the procedures and appropriate deadlines for requesting an appeal; and

(e) That the applicant is being referred to other programs and services that they may qualify for within the Continuum of Care.

D.C. Mun. Regs. tit. 29, r. 29-7803

Final Rulemaking published at 63 DCR 5273 (4/8/2016); amended by Final Rulemaking published at 71 DCR 11691 (9/27/2024), exp. 1/15/2025 (Emergency)