For the purpose of this subchapter, the term:
(1) "Annual adjusted income" means income that remains after excluding:
(A) Four hundred eighty dollars ($480) for each member of the family residing in the household, other than the head of the household or spouse, who is under 18 years of age or who is 18 years of age or older and has a disability or is a full-time student; and
(B) Child care expenses to the extent necessary to enable another member of the family to be employed or to further the member's education.
(2) "Certificate of eligibility" means a document issued by the Department declaring a family to be eligible for participation in the Tenant Assistance Program and stating the terms and conditions for the family's participation.
(3) "Decent, safe, and sanitary housing" means housing which is in substantial compliance with the housing regulations, any other statute or regulation governing the condition of residential premises, and the requirements set forth in this subchapter.
(4) "Department" means the Department of Housing and Community Development, which is authorized to assist in the administration of the Tenant Assistance Program.
(5) "Eligible family" means an individual or a family residing and domiciled in the District which qualifies as a lower income family at the time it initially receives assistance under the Tenant Assistance Program.
(6) "Fair market rent" means the rent, and all maintenance, management, and other services which would be required to be paid in order to obtain privately owned, decent, safe, and sanitary rental housing of modest nonluxury nature with suitable amenities in the District. Fair market rents as established by the Department shall be published in the D.C. Register and shall vary for dwelling units of varying sizes and types, with differentials for new, rehabilitated, and existing units. For SRO housing the fair market rent shall be in a range from 75% to 100% of the 0-bedroom fair market rent.
(7) Repealed.
(8) "Lower-income family" means a household with a combined annual income in a manner to be determined by the Mayor, whose income does not exceed 80% of the median income for a family in the district, with adjustments for smaller and larger families. The Mayor may refer to income or consumer expenditure data of the United States Census Bureau or the United States Department of Labor to determine median income for the District or Standard Metropolitan Statistical Area (SMSA).
(8A) "Person with a disability" means a person who has a medically determinable mental or physical impairment, including blindness, which prohibits and incapacitates 75% of that person's ability to move about, to assist himself or herself, or to engage in an occupation.
(9) "Request for lease approval" means a standard form on which the eligible family and the housing provider jointly request the Department to approve a dwelling unit for purposes of tenant assistance. The form shall require the housing provider to state the number of bedrooms in the unit and to certify the most recent rent charged.
(10) "Residing and domiciled" describes a person who resides in the District, pays income tax in the District, whose automobile is registered in the District, and, if a registered voter, votes in the District.
(11) Repealed.
(12) "Tenant assistance contract" means a written contract between the Department and a housing provider, in the form prescribed by the Mayor, in which the Department agrees to make tenant assistance payments to the housing provider (A) on behalf of a specific eligible family; or (B) for specific units to be held for and leased to families eligible for tenant assistance for the duration of the contract.
(July 17, 1985, D.C. Law 6-10, § 301, 32 DCR 3089; Oct. 2, 1987, D.C. Law 7-30, § 3(a), (b), 34 DCR 5304; Mar. 17, 1993, D.C. Law 9-237, § 2(a), 40 DCR 617; Aug. 25, 1994, D.C. Law 10-155, § 2(b), 41 DCR 4873; Apr. 24, 2007, D.C. Law 16-305, § 67(c), 53 DCR 6198.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 45-2531.
Effect of Amendments
D.C. Law 16-305, in par. (1)(A), substituted "has a disability or is" for "is disabled, handicapped, or"; repealed par. (7), and added par. (8A). Prior to repeal par. (7), read as follows:
"(7) 'Handicapped person' means a person who has a medically determinable mental or physical impairment, including blindness, which prohibits and incapacitates 75% of that person's ability to move about, to assist himself or herself, or to engage in an occupation."
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2(a), (b) of Tenant Assistance Program Amendment Temporary Act of 1987 (D.C. Law 7-48, December 10, 1987, law notification 34 DCR 8107).
Legislative History of Laws
For legislative history of D.C. Law 6-10, see Historical and Statutory Notes following § 42-3501.01.
For legislative history of D.C. Law 7-30, see Historical and Statutory Notes following § 42-3502.01.
Law 9-237, the "Tenant Assistance Program Amendment Act of 1992," was introduced in Council and assigned Bill No. 9-384, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on December 1, 1992, and December 15, 1992, respectively. Signed by the Mayor on December 31, 1992, it was assigned Act No. 9-369 and transmitted to both Houses of Congress for its review. D.C. Law 9-237 became effective on March 17, 1993.
For legislative history of D.C. Law 10-155, see Historical and Statutory Notes following § 42-3508.06.
For Law 16-305, see notes following § 42-820.
(a) For the purpose of aiding lower-income families in obtaining a decent place to live, the Mayor shall formulate and administer a Tenant Assistance Program as provided in this subchapter.
(b) There is authorized to be appropriated at least $15 million for fiscal year 1987 with annual increases in the following fiscal years based upon need and the availability of revenues. Appropriations for the Tenant Assistance Program shall be classified and maintained as a proprietary fund and shall remain available until expended, without regard to fiscal year limitations. No money appropriated for the Tenant Assistance Program shall be expended for any purpose other than making tenant assistance payments and, when necessary, repayable advances for security deposits in accordance with this subchapter.
(c) If in any fiscal year the Mayor finds that tenant assistance payments will exceed available appropriations, the Mayor shall transmit to the Council proposed adjustments to eligibility criteria, income guidelines, or supplement payments to reduce payments under this subchapter to an amount not in excess of available appropriations.
(d) The Mayor is authorized to expend the annual appropriations provided by this section in the following manner:
(1)(A) The Mayor may enter into long-term tenant assistance contracts with housing providers. Payments obligated by long-term contracts may be made on an annual basis during the period of each contract from the annual appropriations for the Tenant Assistance Program. Each contract entered into pursuant to this paragraph shall obligate the housing provider, on an annual basis, for the duration of the contract to offer for lease and to lease a fixed number of rental units, which shall be specified in the contract, to families receiving tenant assistance, regardless of whether the same family leases the same unit throughout the contract period. Each contract shall obligate the Mayor to make tenant assistance payments to the housing provider for the duration of the contract in accordance with the terms of the contract and the requirements of this subchapter as long as the housing is in substantial compliance with the housing regulations. The contractual obligation of the Mayor shall be backed by the full faith and credit of the District to the same extent that applies to District contracts generally.
(B) In the case of contracts for rental units in existing housing accommodations, the length of the contract may be from 1 to 5 years. In the case of contracts for rental units in newly constructed or rehabilitated housing accommodations, the length of the contract may be from 1 to 15 years, with options to renew in 5-year increments.
(C) Consistent with the requirements of § 42-3508.04(d), distressed properties and new or rehabilitated vacant rental housing receiving assistance pursuant to subchapter VIII of this chapter shall have priority over other properties for the long-term contracts authorized by this paragraph.
(2) Repealed.
(3) The Mayor may expend funds from the annual appropriation to assist eligible families with a current valid lease of a rental unit that qualifies according to the provisions of this chapter. The Department shall announce the availability of the assistance authorized by this paragraph through notice to the District of Columbia Office on Aging, other relevant District agencies, and private organizations representing senior citizens or tenants in general.
(4) The Mayor shall not, by rule or otherwise, establish any set-aside procedure or allocate any fixed portion of Tenant Assistance Program funds or applications to be approved for any specific category of eligible families or any specific type of tenant assistance contract authorized by this subchapter.
(e) The Mayor shall issue rules consistent with this subchapter for the effective and efficient administration of the Tenant Assistance Program. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved. Nothing in this subsection shall affect any requirements imposed upon the Mayor by subchapter I of Chapter 5 of Title 2.
(July 17, 1985, D.C. Law 6-10, § 302, 32 DCR 3089; Oct. 2, 1987, D.C. Law 7-30, § (3)(c)-(e), 34 DCR 5304; Mar. 17, 1993, D.C. Law 9-237, § 2(b), (c), 40 DCR 617.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 45-2532.
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2(c)-(e) of Tenant Assistance Program Amendment Temporary Act of 1987 (D.C. Law 7-48, December 10, 1987, law notification 34 DCR 8107).
Legislative History of Laws
For legislative history of D.C. Law 6-10, see Historical and Statutory Notes following § 42-3501.01.
For legislative history of D.C. Law 7-30, see Historical and Statutory Notes following § 42-3502.01.
For legislative history of D.C. Law 9-237, see Historical and Statutory Notes following § 42-3503.01.
Transfer of Functions
The functions of the Department of Housing and Community Development relating to the Tenant Assistance Program were transferred to the Department of Public and Assisted Housing by Reorganization Plan No. 1 of 1987, effective December 15, 1987.
Miscellaneous Notes
Appropriations approved: Public Law 101-518, 104 Stat. 2227, the District of Columbia Appropriations Act, 1991, provided that up to $275,000 within the 15 percent set-aside for special programs within the Tenant Assistance Program shall be targeted for the single-room occupancy initiative.
(a) The Mayor may enter into contracts to make rental assistance payments to housing providers of rental dwelling units on behalf of eligible families in accordance with this section. Unit A of Chapter 3 of Title 2 shall not apply to the contracts authorized by this subchapter.
(b) Except as otherwise provided in this subsection, the fair market rents applicable to the Tenant Assistance Program shall be the fair market rents established annually by the U.S. Department of Housing and Urban Development ("HUD") for new construction and substantial rehabilitation in the Washington, D.C., market. The Department, by rule, may establish the fair market rents for units in sizes for which there is no fair market rent established by HUD. If the Department, after reviewing the fair market rents established by HUD for the Washington, D.C., market, determines that the amounts do not accurately reflect fair market rents in the District, the Department may, by rule, adjust the amounts. If the proposed fair market rents vary from the fair market rents established by HUD, the Department shall submit a resolution for approval of the proposed fair market rents to the Council of the District of Columbia ("Council") for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed resolution, in whole or in part, within this 45-day review period, the proposed resolution shall be deemed approved.
(c) Applications to participate in the Tenant Assistance Program shall be submitted to the Department and shall be in a form designated by the Department. The Department shall be responsible for verifying the sources of the family's income and gathering information necessary for determining eligibility and the amount of the assistance payment. Priority shall be given to the elderly, individuals with disabilities, single-parent households, and applicants who have completed any employment training course provided by any District agency.
(d) If an applicant is determined by the Department to be eligible and is selected for participation, the applicant shall be given a certificate of eligibility. At the same time, the family shall be given a certificate holder's packet which contains a request for lease approval, a list of properties for rent, information concerning recently completed housing, if any, including the location, and other items the Department determines should be included. In addition, the Department shall provide a full explanation of the following to assist the family in finding a suitable rental unit and to apprise the family and the housing provider of their respective responsibilities:
(1) Family and housing provider responsibilities under the lease contract;
(2) The general locations and characteristics of the neighborhood in which units of suitable quality and price may be found;
(3) Applicable laws and housing standards;
(4) Significant aspects of applicable federal and District law, including fair housing law;
(5) The applicable fair market rent; and
(6) Information on how the Department computes the amount of the tenant assistance payment.
(e) Upon determination of eligibility the Department shall enter on each certificate the smallest unit-size appropriate for the eligible family consistent with the following criteria:
(1) The number of bedrooms indicated as appropriate shall not require more than 2 persons to occupy the same bedroom.
(2) The number of bedrooms indicated as appropriate shall not require persons of the opposite sex other than spouses, except for children under 12 years of age, to occupy the same bedroom.
(3) All single-person households shall be assigned a 0-bedroom unit if 0- bedroom units are available. Where there are no 0-bedroom units available, single-person households shall be assigned a 1-bedroom unit. A single, elderly person or single person with a disability planning to live with an unrelated person essential to his or her care may be assigned a 2-bedroom unit.
(f)(1) The Department shall maintain a system to assure that it will be able to honor all outstanding certificates of eligibility with its funding authorization.
(2) Nothing in this subchapter shall be construed as creating an entitlement to assistance payments in the absence of appropriations sufficient to fund this program.
(g)(1) The certificate of eligibility shall expire at the end of 90 days unless within that time the family submits a completed request for lease approval. If the certificate expires, or is about to expire, the family may submit the certificate to the Department with a request for an extension. The Department may grant 1 or more 60-day extensions to any family that continuously demonstrates good faith efforts to locate a suitable rental unit. Expiration of the certificate shall not preclude the family from filing a new application for another certificate.
(2) If an assisted family notifies the Department that it wishes to obtain another certificate of eligibility for the purpose of moving to another rental unit within the District, the Department shall issue another certificate or process a request for lease approval, unless the Department determines that the housing provider is entitled to payment under § 42-3503.04(d) on account of nonpayment of rent or other amount owed under the lease, and that the family has failed to satisfy any liability.
(h) Owners of rental accommodations in the District shall notify tenants of the existence of the Tenant Assistance Program and shall refer interested parties to the Department for further information.
(July 17, 1985, D.C. Law 6-10, § 303, 32 DCR 3089; Oct. 2, 1987, D.C. Law 7-30, § 3(f)-(i), 34 DCR 5304; Apr. 24, 2007, D.C. Law 16-305, § 67(d), 53 DCR 6198; Sept. 12, 2008, D.C. Law 17-231, § 38, 55 DCR 6758.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 45-2533.
Effect of Amendments
D.C. Law 16-305, in subsec. (c), substituted "individuals with disabilities" for "the handicapped"; and, in subsec. (e)(3), substituted "A single, elderly person or single person with a disability" for "An elderly, handicapped, or disable single person".
D.C. Law 17-231, in subsec. (e)(2), substituted "other than spouses" for "other than the husband and wife".
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2(f)-(i) of Tenant Assistance Program Amendment Temporary Act of 1987 (D.C. Law 7-48, December 10, 1987, law notification 34 DCR 8107).
Legislative History of Laws
For legislative history of D.C. Law 6-10, see Historical and Statutory Notes following § 42-3501.01.
For legislative history of D.C. Law 7-30, see Historical and Statutory Notes following § 42-3502.01.
For Law 16-305, see notes following § 42-820.
For Law 17-231, see notes following § 42-516.
Miscellaneous Notes
Short title: See Historical and Statutory Notes following § 42-3501.01.
(a) Basic formula. -- (1) The amount of the tenant assistance payment shall be the amount by which the actual rent or fair market rent applicable to the family, whichever is lower, exceeds 30% of the family's monthly income. Where the head of household is an elderly tenant or tenant with a disability, the amount of the tenant assistance payment shall be the amount by which the actual rent or fair market rent, whichever is lower, exceeds 25% of the family's monthly income. Monthly income is 1/12 of annual adjusted income. Annual income is the anticipated total income from all sources received by the family head and spouse, even if temporarily absent, and by each additional member of the family, including all net income derived from assets, for the 12-month period following the effective date of the Department's initial determination or reexamination of income, exclusive of income that is temporary, nonrecurring, or sporadic such as irregular gifts, scholarships, inheritances, insurance payments, and capital gains. Annual income is also exclusive of income from employment of children, including foster children, under the age of 18 years; payments received for the care of foster children; the value of the allotment provided to an eligible household for coupons under the Food Stamp Act of 1977 (7 U.S.C. §§ 2011-2030); and payments or allowances made under the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.), and the District of Columbia Low Income Energy Assistance Program.
(2) Annual income includes, but is not limited to:
(A) The full amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips and bonuses, and other compensation for personal services;
(B) The net income from operation of a business or profession (for this purpose, expenditures for business expansion or amortization of capital indebtedness and an allowance for depreciation of capital assets shall not be deducted to determine the net income from a business);
(C) Interest, dividends, and other net income of any kind from real or personal property (for this purpose, expenditures for amortization of capital indebtedness and an allowance for depreciation of capital assets shall not be deducted to determine the net income from real or personal property). Where the family has net family assets in excess of $5,000, annual income shall include the greater of the actual income derived from all net family assets or a percentage of the value of the assets based on the current passbook savings rate as determined by the Department;
(D) The full amount of periodic payments received from Social Security annuities, insurance policies, retirement funds, pensions, disability or death benefits or other similar types of periodic receipts, including a lump-sum payment for the delayed start of a periodic payment;
(E) Welfare assistance;
(F) Payments in lieu of earnings, such as unemployment and disability compensation, worker's compensation, and severance pay;
(G) Periodic and determinable allowances, such as alimony and child support payments, and regular contributions or gifts received from persons not residing in the rental unit;
(H) All regular pay, special pay, and allowances of a member of the armed forces, whether or not living in the rental unit, who is head of the family, spouse, or other person whose dependents are residing in the unit; and
(I) Any earned income tax credit to the extent it exceeds income tax liability.
(b) Applicable fair market rent. -- The Department shall compute the tenant assistance payment for a family entering the Tenant Assistance Program on the most recent published fair market rents on the date of lease approval for the family.
(b-1) Payment cap. -- (1) Except in the case of elderly tenants or tenants with a disability, no tenant assistance payment shall exceed 60% of the amount of rent for the recipient's rental unit. In the case of persons receiving tenant assistance payments on and before March 17, 1993, and continuously thereafter, this subsection shall apply 2 years from October 21, 1993.
(2) In the case of persons who are granted Tenant Assistance Program certification after March 17, 1993, if those persons have previously received Tenant Assistance Program subsidies, the subsidies provided those persons shall not exceed 60% of the amount of rent for the recipient's rental unit.
(c) Rent not capped by payment standard. -- Under the tenant assistance payment computation described in subsections (a) and (b) of this section, the amount of tenant assistance payment does not increase if the unit rents for more than the applicable fair market rent, but a tenant is not prohibited from renting such a unit.
(d) No reimbursement of amounts family owes housing provider. -- The Department shall not reimburse the housing provider for the portion of the rent not covered by the tenant assistance payment, damages, or other amounts due under the lease.
(e) No payments for vacancies. -- If a family moves out, the housing provider shall promptly notify the Department and the Department shall make no additional tenant assistance payments to the housing provider for any month after that in which the family moves. The housing provider may retain the tenant assistance payment for the month in which the family moves.
(f) Repealed.
(g) Finders-keepers policy. -- (1) A family with a certificate of eligibility is responsible for finding a rental unit suitable to the family's needs and desires. A family may select the rental unit which it already occupies if the unit qualifies. Upon request, the Department shall assist families in finding units where, because of age, disability, large family size, or other reasons, the family is unable to locate an approvable unit. The Department shall also provide this assistance where the family alleges that illegal discrimination on grounds of race, religion, sex, national origin, age, or disability is preventing it from finding a suitable unit.
(2) Neither in assisting a family in finding a unit nor by any other action shall the Department directly or indirectly reduce the family's opportunity to choose among the available units in the housing market, except in accordance with § 42-3503.02(d).
(July 17, 1985, D.C. Law 6-10, § 304, 32 DCR 3089; Oct. 2, 1987, D.C. Law 7-30, § 3(j), 34 DCR 5304; Mar. 17, 1993, D.C. Law 9-237, § 2(d), 40 DCR 6049; Feb. 5, 1994, D.C. Law 10-68, § 39(a), 40 DCR 6311; May 16, 1995, D.C. Law 10-255, § 38, 41 DCR 5193; Apr. 24, 2007, D.C. Law 16-305, 67(e), 53 DCR 6198.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 45-2534.
Effect of Amendments
D.C. Law 16-305, in subsec. (a)(1), substituted "tenant or tenant with a disability" for "or handicapped tenant"; in subsec. (b-1)(1), substituted "tenants or tenants with a disability" for "or handicapped tenants"; and in subsec. (g), substituted "disability" for "handicap".
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2(j) of Tenant Assistance Program Amendment Temporary Act of 1987 (D.C. Law 7-48, December 10, 1987, law notification 34 DCR 8107).
Legislative History of Laws
For legislative history of D.C. Law 6-10, see Historical and Statutory Notes following § 42-3501.01.
For legislative history of D.C. Law 7-30, see Historical and Statutory Notes following § 42-3502.01.
For legislative history of D.C. Law 9-237, see Historical and Statutory Notes following § 42-3503.01.
D.C. Law 10-45, the "Tenant Assistance Program Payment Limitation Amendment Act of 1993," was introduced in Council and assigned Bill No. 10-213, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on June 29, 1993, and July 13, 1993, respectively. Signed by the Mayor on August 4, 1993, it was assigned Act No. 10-80 and transmitted to both Houses of Congress for its review. D.C. Law 10- 45 became effective on October 21, 1993.
D.C. Law 10-68, the "Technical Amendments Act of 1993," was introduced in Council and assigned Bill No. 10-166, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on June 29, 1993, and July 13, 1993, respectively. Signed by the Mayor on August 23, 1993, it was assigned Act No. 10-107 and transmitted to both Houses of Congress for its review. D.C. Law 10-68 became effective on February 5, 1994.
Law 10-255, the "Technical Amendments Act of 1994," was introduced in Council and assigned Bill No. 10-673, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on June 21, 1994, and July 5, 1994, respectively. Signed by the Mayor on July 25, 1994, it was assigned Act No. 10-302 and transmitted to both Houses of Congress for its review. D.C. Law 10-255 became effective May 16, 1995.
For Law 16-305, see notes following § 42-820.
(a) Rental units which the Department determines are decent, safe, and sanitary as required by the housing regulations, any other statute or regulation governing the condition of residential premises, and the requirements of this subchapter are eligible for tenant assistance.
(b) The following units are not eligible for tenant assistance as provided by this subchapter:
(1) Housing units receiving rent assistance under any federal housing program, or public housing that is managed by the District government;
(2) Nursing homes, units within the grounds of penal, reformatory, medical and similar public or private institutions, and facilities providing continual psychiatric, medical, or nursing service; or
(3) Units occupied by the housing provider.
(c) As required by the Department, units shall be inspected to determine whether they are decent, safe, and sanitary as set forth in § 42- 3503.01(3). Regardless of the number of bedrooms stated on the certificate of eligibility, the Department shall not prohibit a family from renting an otherwise acceptable unit on the ground that it is too large for the family. If the Department determines that the assisted unit occupied by a participating family does not meet the space requirement because of an increase in family size or a change in family composition, the Department shall issue the participating family a new certificate of eligibility. If an acceptable unit is found that is available for occupancy by the family, the Department shall terminate the tenant assistance contract for the original unit in accordance with its terms.
(d) The following maintenance, operation, and inspection requirements shall apply:
(1) The housing provider shall provide all the services, maintenance, and utilities which the housing provider agrees to provide under the contract, subject to abatement of housing assistance payments or other applicable remedies if the housing provider fails to meet these obligations.
(2) A housing provider may collect a security deposit from a family not to exceed 1 month's rent. If the family determines it is unable to pay the security deposit, it may apply to the Department for a repayable advance to cover the difference between the amount the family can afford, as determined by the Department, and the security deposit requested by the housing provider. When the Department decides to provide an advance to the family, the family shall enter into an agreement with the Department for repayment on terms prescribed by the Department. The Department shall establish a reasonable schedule for the repayment to minimize the hardship for the family.
(3) Subject to District law, after the family moves from the unit the housing provider may use the security deposit as reimbursement for any unpaid rent payable by the family or other amounts which the family owes under the lease. The housing provider shall give the family a written list of all items charged against the security deposit and the amount of each item. After deducting the amount used to reimburse the housing provider, the housing provider shall refund promptly to the family the full amount of the unused balance.
(4) The Department shall conduct reexaminations of family income and composition at least annually. The Department shall adjust the amount of each family's tenant assistance payment at the time of the annual reexamination to reflect any changes in family monthly income using the applicable payment or adjustment standard.
(e)(1) A family shall:
(A) Supply any certification, release, information, or documentation the Department determines to be necessary in the administration of the program;
(B) Allow the Department to inspect the rental unit at reasonable times and after reasonable notice;
(C) Notify the Department before vacating the rental unit; and
(D) Use the rental unit solely for residence by the family, and as the family's principal place of residence, and shall not sublease or assign the lease or transfer the unit.
(2) A family shall not:
(A) Own or have any interest in the dwelling unit;
(B) Commit any fraud in connection with the Tenant Assistance Program; and
(C) Receive duplicative assistance under the Tenant Assistance Program and any other federal or District housing assistance program.
(July 17, 1985, D.C. Law 6-10, § 305, 32 DCR 3089; Oct. 2, 1987, D.C. Law 7-30, § 3(k), 34 DCR 5304; Feb. 5, 1994, D.C. Law 10-68, § 39(b), 40 DCR 6311.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 45-2535.
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2 of Rental Housing Act of 1985 Temporary Amendment Act of 1987 (D.C. Law 7-1, May 13, 1987, law notification 34 DCR 3645).
For temporary (225 day) amendment of section, see § 2(k) of Tenant Assistance Program Amendment Temporary Act of 1987 (D.C. Law 7-48, December 10, 1987, law notification 34 DCR 8107).
Legislative History of Laws
For legislative history of D.C. Law 6-10, see Historical and Statutory Notes following § 42-3501.01.
For legislative history of D.C. Law 7-30, see Historical and Statutory Notes following § 42-3502.01.
For legislative history of D.C. Law 10-68, see Historical and Statutory Notes following § 42-3503.04.
Sixty days prior to the expiration of any tenant assistance authorized under this subchapter, the Department shall notify the tenant, in writing, that the tenant assistance is about to expire and that the tenant, if eligible and desiring to continue to receive tenant assistance, must reapply within 30 days upon receipt of the notice. The tenant shall reapply by executing under oath or affirmation a statement of continued eligibility on a form approved by the Department and by submitting the form to the Department. Unless the Department determines that the person is not eligible, tenant assistance shall continue for the succeeding 12 months.
(July 17, 1985, D.C. Law 6-10, § 306, 32 DCR 3089.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 45-2536.
Legislative History of Laws
For legislative history of D.C. Law 6-10, see Historical and Statutory Notes following § 42-3501.01.
(a) If, at any time, a tenant receiving tenant assistance fails to satisfy the requirements of this subchapter relating to conditions of eligibility, the tenant shall immediately notify the Department, in writing, of the ineligibility. Tenant assistance shall terminate on the next day thereafter upon which the rent is due.
(b) If, at any time, the Department determines that a tenant receiving tenant assistance is not, or has ceased to be, eligible for tenant assistance, the Department shall notify the tenant and housing provider in writing, setting forth the reasons for the determination. Tenant assistance payments shall terminate on the next day the rent is due occurring at least 30 days after the date the notice is given, unless, within 15 days after the receipt of the notice, the tenant submits to the Department a written statement, under oath or affirmation, including any available supporting documents, asserting the tenant's reasons for alleging continued eligibility. Within 30 days following the receipt of the statement and documents, the Department shall make the final determination of the tenant's eligibility for continued receipt of tenant assistance.
(c)(1) Notwithstanding any other provision of this subchapter, after September 30, 1996, all tenants receiving tenancy assistance shall avail themselves of all opportunities to receive Section 8 or public housing assistance in lieu of tenant assistance.
(2) A tenant who fails to observe the mandates of paragraph (1) of this subsection shall be deemed ineligible for tenant assistance and assistance will be terminated pursuant to subsection (b) of this section.
(July 17, 1985, D.C. Law 6-10, § 307, 32 DCR 3089; Apr. 9, 1997, D.C. Law 11-198, § 403, 43 DCR 4569.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 45-2537.
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 403 of Fiscal Year 1997 Budget Support Temporary Amendment Act of 1996 (D.C. Law 11-226, April 9, 1997, law notification 44 DCR 2584).
Emergency Act Amendments
For temporary amendment of section, see § 403 of the Fiscal Year 1997 Budget Support Emergency Act of 1996 (D.C. Act 11-302, July 25, 1996, 43 DCR 4181), § 403 of the Fiscal Year 1997 Budget Support Emergency Amendment Act of 1996 (D.C. Act 11-429, October 29, 1996, 43 DCR 6151), and § 403 of the Fiscal Year 1997 Budget Support Congressional Adjournment Emergency Amendment Act of 1997 (D.C. Act 12-2, February 19, 1997, 44 DCR 1590).
Legislative History of Laws
For legislative history of D.C. Law 6-10, see Historical and Statutory Notes following § 42-3501.01.
Law 11-198, the "Fiscal Year 1997 Budget Support Act of 1996," was introduced in Council and assigned Bill No. 11-741, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on June 19, 1996, and July 3, 1996, respectively. Signed by the Mayor on July 26, 1996, it was assigned Act No. 11-360 and transmitted to both Houses of Congress for its review. D.C. Law 11-198 became effective on April 9, 1997.
All monies received by any tenant through the Tenant Assistance Program under this subchapter are exempt from District income taxes payable under Chapter 18 of Title 47.
(July 17, 1985, D.C. Law 6-10, § 308, 32 DCR 3089.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 45-2538.
Legislative History of Laws
For legislative history of D.C. Law 6-10, see Historical and Statutory Notes following § 42-3501.01.
