D.C. Mun. Regs. tit. 29, r. 29-7808

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

Rule 29-7808 - [Effective until 1/15/2025] RENTAL ASSISTANCE

7808.1

FRSP provides rental assistance for up to twelve (12) months. The monthly FRSP rental assistance amount shall be the difference between the rental cost and the household contribution.

7808.2

The household shall contribute thirty percent (30%) of their adjusted annual income toward housing costs, which shall be assessed by the Eligibility Provider. The actual contribution amount will be calculated based on the participant's approved budget component of the Housing Stabilization Plan or IRP.

7808.3

The FRSP participant shall pay the monthly contribution amount for the duration of the FRSP assistance period. The FRSP participant shall not be responsible for paying the subsidized portion of the rent.

7808.4

The Department or the Department's designee shall pay the subsidized portion of the rent directly to the landlord, including any late fees or court costs that accrue due to a late payment rent on the part of the Department.

7808.5

The Program shall not be obligated to provide a monetary amount for a requested service if a less costly alternative is available.

7808.6

The rental cost for the unit may not exceed the rent reasonableness standard determined by DCHA. The Referring Provider and the participant shall attempt to identify housing units below market rent wherever possible.

7808.7

In addition to the monthly rent subsidy, FRSP rental assistance may include the cost of a security deposit, move-in assistance, and utility assistance, in accordance with the applicant's approved budget plan.

7808.8

The maximum FRSP payment for a security deposit shall be the actual amount of the deposit, which shall not exceed the cost of one (1) month's unsubsidized rent.

7808.9

An FRSP participant shall report to their Service Provider in writing within fifteen (15) calendar days of any change in income of fifty dollars ($50) or more.

7808.10

The FRSP shall not increase the household's rental payment due to an increase in earnings unless a participant experiences an increase of more than one thousand dollars ($1,000) per month for at least three (3) months.

7808.11

Upon receiving written notification from the household of a change in the household's monthly income, the Service Provider shall determine whether there is a need to recalculate the amount of the household's housing cost contribution, based on the following criteria:

(a) If the participant reports a decrease in monthly income of fifty dollars ($50) or more, the Service Provider shall process and submit documentation to the Department to recalculate the household's contribution;

(b) If the participant reports a decrease in monthly income of less than fifty dollars ($50) the household may request that a recalculation be conducted;

(c) If the participant reports an increase in monthly income of more than one thousand dollars ($1,000) per month that will last for at least three (3) months, the Service Provider shall process and submit documentation to the Department to recalculate the household's contribution;

(d) If the recalculation pursuant to paragraphs (a) or (b) results in an increase in the amount of FRSP rental assistance, the change shall take effect the first day of the month or the next day that rent is due if different from the first of the month, whichever is first, following completion of the calculation. The recalculation shall be completed within ten (10) business days of receipt of written notice from the household of the decrease in household income and request for a recalculation, and documentation necessary for the Department recalculation;

(e) If the recalculation made pursuant to paragraph (a), (b), or (c) results in a decrease in the amount of FRSP rental assistance, the change shall take effect the first of the month, or on the day that rent is next due if different than the first of the month, whichever is first, following the month in which written notice of the change is provided to the household; and

(f) If the next day rent is due is less than fifteen (15) calendar days from the date the notice is either hand-delivered or postmarked, the change in the FRSP rental assistance shall be effective the second month (or the second date upon which rent is due) following the month in which written notice of the change is provided to the household.

7808.12

When the Eligibility Provider calculates the initial FRSP assistance or when a Service Provider requests a change in FRSP assistance based upon a reported change in income, the Eligibility Provider or Service Provider shall give to the participant household a written Notice of FRSP Rental Assistance or a Notice of Change in FRSP Rental Assistance, as appropriate. Each Notice shall state:

(a) The basis for the rental assistance determination;

(b) The statute or regulation under which the change was made;

(c) The participant's current FRSP rental assistance and the participant's current share of the housing costs;

(d) If the rental assistance is changing, a computation of the new amount of FRSP rental assistance and the new participant contribution to the rental amount;

(e) If the rental assistance amount is changing, the effective date of the change in accordance with §§ 7808; and

(f) The FRSP participant's right to a reconsideration of the initial calculation or the recalculation by the Department or the Department's designee, within thirty (30) calendar days of receipt of the written Notice, and instructions for submitting such requests for reconsideration.

7808.13

The Eligibility Provider shall respond to a request for reconsideration in accordance with §§ 7808.12(f) within five (5) business days of receipt of the household's written request for a reconsideration. The five (5) business day timeframe shall be tolled if the provider has requested documentation necessary to the review, and receipt of such documentation is pending.

7808.14

Within twenty-four (24) hours of the Eligibility Provider's calculation or recalculation of the household's rental assistance, notice required shall be either hand-delivered to an adult member of the participant household, mailed to the household by first class mail, or sent by electronic mail if the household has given consent.

7808.15

Only in rare circumstances, when required by a vendor or by a District or federal agency, may the assistance payment be made in the form of cash. In all other cases, the FRSP assistance payment shall be made in the form of non-cash direct vendor payments.

D.C. Mun. Regs. tit. 29, r. 29-7808

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)