(a) The District's provision of homeless services shall be based on a Continuum of Care that offers a comprehensive range of services through various member agencies and is designed to meet the specific, assessed needs of individuals and families who are homeless or at imminent risk of becoming homeless. The District shall respond to the changing needs of individuals and families by ensuring that transfer between and among services within the Continuum of Care is fluid and allows clients to modify the intensity of services they receive to meet their needs, preferences, and changing circumstances.
(b) The Continuum of Care may include the following range of services:
(1) Crisis intervention for the purpose of preventing homelessness by enabling individuals and families at imminent risk of becoming homeless to remain in or access permanent housing; provided, that the Mayor shall not offer crisis intervention services authorized by this paragraph until the Chief Financial Officer has certified the availability of fiscal year 2006 funding pursuant to section 1016(5) of D.C. Law 16-33;
(2) Outreach and assessment, including the operation of a hotline, for the purpose of identifying the housing and supportive service needs of individuals and families who are homeless or at imminent risk of becoming homeless and linking them to appropriate services;
(3) Shelter to meet the housing needs of individuals and families who are homeless through the provision of:
(A) Severe weather shelter for the purpose of protecting lives in extreme hot and cold weather;
(B) Low barrier shelter for individuals for the purpose of sheltering and engaging individuals who avoid temporary shelter because of identification, time limit, or other program requirements; and
(C) Temporary shelter for individuals and families for the purpose of meeting short-term housing needs and other supportive service needs;
(4) Supportive housing to meet the longer-term housing needs of individuals and families who are homeless through the provision of:
(A) Transitional housing for the purpose of providing eligible individuals and families who are homeless with long-term housing and supportive services in order to prepare them for self-sufficient living in permanent housing; and
(B) Permanent supportive housing for the purpose of providing eligible individuals and families who are homeless or at imminent risk of becoming homeless with housing and supportive services;
(C) Housing First for the purpose of providing eligible individuals and families who are homeless with housing and supportive services;
(5) Supportive services for the purpose of providing individuals and families who are homeless or at imminent risk of becoming homeless with services that address their housing, employment, physical health, mental health, alcohol and other substance abuse recovery, child care, case management, transportation, and other health and social service needs which, if unmet, may be barriers to obtaining or maintaining permanent housing. These services may, but need not, be delivered through day programs, drop-in centers, shelters, and transitional and permanent supportive housing providers, or through referrals to other appropriate service providers.
(c)(1) Whenever the actual or forecasted temperature, including the wind chill factor, falls below 32 degrees Fahrenheit, or whenever the actual or forecasted temperature or heat index rises above 95 degrees Fahrenheit, the District shall make available appropriate space in District of Columbia public or private buildings and facilities for any resident of the District who is homeless and cannot access other housing arrangements. The District may make such space available for any person who is not a resident of the District, is homeless, and cannot access other housing arrangements; provided, that the District shall give priority to residents of the District.
(2) In making appropriate space available in District of Columbia public or private buildings and facilities, the District shall not use District of Columbia Public Schools buildings currently being used for educational purposes without the prior approval of the Mayor.
(3)(A) Low-barrier shelters and severe weather shelters operating as low-barrier shelters shall not be required to receive demonstration of residency or prioritize District residents.
(B) The Mayor may determine whether a person seeking shelter by reason of domestic violence, sexual assault, or human trafficking is a resident of the District without receiving demonstration of District residency in accordance with § 4-751.01(32).
(4) For the purposes of this subsection the term "cannot access other housing arrangements" means that the homeless person is living in a place not intended as a residence, such as outdoors, in a vehicle, or in a condemned or abandoned building or is living in a situation that is dangerous to the health or safety of the person or of any family member.
(d)(1) Except as provided in paragraph (2) of this subsection, the Mayor shall not place homeless families in non-apartment-style shelters.
(2) The Mayor is authorized to place homeless families in non-apartment-style shelters that are private rooms only when no apartment-style shelters are available.
(e) Pursuant to § 4-756.02, the Mayor shall issue rules on the administration of emergency assistance grants offered as crisis intervention services to individuals and families in need of cash assistance for mortgage, rent, or utility bills in arrears or for a security deposit or first month's rent.
(Oct. 22, 2005, D.C. Law 16-35, § 7, 52 DCR 8113; Mar. 14, 2007, D.C. Law 16-296, § 2(e), 54 DCR 1097; Apr. 8, 2011, D.C. Law 18-367, § 2(b), 58 DCR 987.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 16-296 added subsec. (e).
D.C. Law 18-367 rewrote subsecs. (c) and (d), which had read as follows:
"(c) Whenever the actual or forecasted temperature, including the wind chill factor, falls below 32 degrees Fahrenheit, or whenever the actual or forecasted temperature or heat index rises above 95 degrees Fahrenheit, the District shall make available appropriate space in District of Columbia public or private buildings and facilities for any person in the District who is homeless and cannot access other shelter. In doing so, the District shall not use District of Columbia Public School buildings currently being used for educational purposes without the prior approval of the Board of Education.
"(d) The Mayor shall not place homeless families in non-apartment style shelters."
Legislative History of Laws
For Law 16-35, see notes following § 4-751.01.
For Law 16-296, see notes following § 4-751.01.
For history of Law 18-367, see notes under § 4-751.01.
References in Text
Section 1016(5) of D.C. Law 16-33, referred to in par. (1) of subsec. (b), is published at 52 DCR 7503.
Miscellaneous Notes
Establishment of Emergency Rental Assistance Program and Delegation of Authority Pursuant to D.C. Law 16-35, the Homeless Services Reform Act of 2005, see Mayor's Order 2006-115, August 30, 2006 (53 DCR 7550).
Establishment of a Disaster Relocation and Rental Assistance Program, see Mayor's Order 2008-63, April 10, 2008 (55 DCR 5516).
Extension of Disaster Relocation and Rental Assistance Program Benefits Pursuant to Mayor's Order 2008-63, effective April 10, 2008, see Mayor's Order 2010-96, June 4, 2010 (57 DCR 4917).
(a) There is established as a nonlapsing fund the Housing First Fund ("Fund"), which shall be used to provide vulnerable families and individuals who are homeless with supportive services and housing assistance. The Fund shall be administered by the Department of Human Services in concert with a memorandum of understanding with the Department of Housing and Community Development for facility development and acquisition services.
(b)(1) The Fund shall be comprised of monies appropriated into the Fund, including grants, and revenue generated from the disposition or long-term lease of certain real property assets designated by the Mayor.
(2) All funds deposited into the Fund, and any interest earned on those funds, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in § 4- 753.01(b)(4) without regard to fiscal year limitation, subject to authorization by Congress.
(Oct. 22, 2005, D.C. Law 16-35, § 7a, as added Aug. 16, 2008, D.C. Law 17-219, § 5004(a), 55 DCR 7598.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 17-219, see notes following § 4-126.
Miscellaneous Notes
Short title: Section 5050 of D.C. Law 18-111 provided that subtitle F of title V of the act may be cited as the "Human Services Reporting Requirements Act of 2009".
Section 5051 of D.C. Law 18-111 provides:
"Sec. 5051. Housing First report.
"By January 30, 2010, the District of Columbia Auditor shall submit to the Council a financial impact report measuring the government-wide savings produced by the District's Housing First Program, including in emergency services, physical and mental health services, substance abuse services, personal safety, police services, and incarceration."
(a) An individual or family is eligible to receive services within the Continuum of Care if the individual or family:
(1) Is homeless or at imminent risk of becoming homeless;
(2) Is a resident of the District, as defined by § 4-751.01(32), except that low-barrier shelters and severe weather shelters operating as low-barrier shelters shall not be required to receive demonstration of residency or prioritize District residents, pursuant to subsection (b) of this section; and
(3) Meets any additional eligibility requirements that have been established pursuant to § 4-754.31 by the provider from whom services are sought.
(a-1) Notwithstanding subsection (a)(2) of this section, the Mayor may exclude certain services within the Continuum of Care from the residency requirement; provided, that the Mayor publishes which services are excluded from the requirement.
(b) No individual or family may be deemed ineligible for services solely because the individual or family cannot establish proof of homelessness or residency at the time of the individual or family's application for assistance. The District shall give priority, however, to an individual or family who establishes proof of residency and homelessness at the time of application for assistance.
(c)(1) The Mayor shall operate at least one central intake center for families for the purposes of:
(A) Assessing the eligibility of families for services within the Continuum of Care and making appropriate referrals for those services; and
(B) Serving as a resource center for families who are seeking information about the availability of services within the Continuum of Care.
(1A) The Mayor shall operate an intake center specializing in crisis intervention services and located in close proximity to the Landlord and Tenant Branch of the Superior Court of the District of Columbia.
(2) Families who are eligible for services within the Continuum of Care shall receive appropriate referrals to the first available provider based on the chronological order in which they apply for assistance, consistent with any additional eligibility requirements established pursuant to § 4-754.32 by the provider from whom services are sought.
(3) Any family who is determined to be eligible for services pursuant to subsection (c)(1)(A) of this section, but who is not immediately served due to lack of capacity, shall be placed on one or more waiting lists for the services sought and shall be served in the order in which appropriate referrals become available.
(4) Notwithstanding paragraph (2) of this subsection, in determining what is an "appropriate referral," the Mayor shall consider relevant factors, including prior receipt of services, disability, family size, affordability of housing and age, and may use these factors to prioritize a family's placement in shelter or other service.
(5) The Mayor shall not impose or apply eligibility criteria that exclude or tend to exclude an individual with a disability or any class of individuals with disabilities from fully and equally enjoying any services within the Continuum of Care, unless such criteria are shown to be necessary for the provision of the services.
(d) The Mayor shall operate a computerized information system to collect, maintain, and distribute up-to-date information regarding the number of beds or units available in shelter and supportive housing in the District, the availability of supportive services, and the current usage and unmet demand for such beds, units, and services.
(Oct. 22, 2005, D.C. Law 16-35, § 8, 52 DCR 8113; Mar. 14, 2007, D.C. Law 16-296, § 2(f), 54 DCR 1097; Apr. 8, 2011, D.C. Law 18-367, § 2(c), 58 DCR 987.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 16-296, in subsec. (c), added par. (1A).
D.C. Law 18-367, in subsec. (a)(2), substituted "§ 4-751.01(32), except that low-barrier shelters and severe weather shelters operating as low-barrier shelters shall not be required to receive demonstration of residency or prioritize District residents, pursuant to subsection (b) of this section; and " for " § 4-205.03"; added subsec. (a-1); and, in subsec. (b), substituted "for assistance. The District shall give priority, however, to an individual or family who establishes proof of residency and homelessness at the time of application for assistance" for "for assistance".
Legislative History of Laws
For Law 16-35, see notes following § 4-751.01.
For Law 16-296, see notes following § 4-751.01.
For history of Law 18-367, see notes under § 4-751.01.
An individual or family seeking shelter during severe weather conditions may be afforded a 3-day grace period to establish District residency.
(Oct. 22, 2005, D.C. Law 16-35, § 8a, as added Apr. 8, 2011, D.C. Law 18- 367, § 2(d), 58 DCR 987.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90 day) addition of section, see § 5102 of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).
For temporary (90 day) addition of section, see § 5102 of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).
Legislative History of Laws
For history of Law 18-367, see notes under § 4-751.01.
(a)(1) Beginning in June 2012, the Department shall identify at least 200 homeless families from hotels, motels, severe-weather shelters, temporary shelters, or transitional housing, and ensure that at least 100 of these families are placed in or are residing in apartment-style housing units that meet the requirements of the Rent Supplement Program, established by § 6- 226, by before September 30, 2012.
(2) By October 1, 2012, the Department shall ensure that all homeless families that were residing in hotels or motels have been placed into shelter or housing.
(3) Placements made by the Department pursuant to subjection (a) of this section shall be done in coordination with the District of Columbia Housing Authority ("DCHA"). The Department shall develop rules for selecting homeless families that will be converted onto the Rent Supplement Program's tenant-based vouchers and submit them to the Council within 45-days of the approval of the Housing for Homeless Families Emergency Amendment Act of 2012 [June 19, 2012].
(4) Once there are vacancies in temporary shelters, severe-weather shelters, or transitional housing, the Department shall use all available resources currently budgeted for homeless families to place new family-shelter applicants who cannot access other housing arrangements, as defined in § 4-753.01(c)(4) into shelters or housing.
(b) Beginning in fiscal year 2013, and for each fiscal year thereafter, an additional $4 million shall be included in the DCHA Subsidy to provide tenant-based rental assistance to between 200 and 300 eligible families in accordance with the Rent Supplement Program, established by § 6-226. DCHA shall provide tenant-based rental assistance through the Rent Supplement Program to all families placed in housing pursuant to subsection (a) of this section who meet the eligibility criteria established for sponsor-based housing assistance under the Rent Supplement Program, set forth in section 9508 of Title 14 of the District of Columbia Municipal Regulations (14 DCMR § 9508).
(Oct. 22,2005, D.C. Law 16-35, § 8b, as added Sept. 20, 2012, D.C. Law 19-168, § 5102, 59 DCR 8025.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90 day) addition of section, see § 2 of Local Rent Supplement Program Voucher Emergency Amendment Act of 2012 (D.C. Act 19-545, November 16, 2012, 59 DCR 13590).
Legislative History of Laws
For history of Law 19-168, see notes under § 4-202.05.
Miscellaneous Notes
Short title: Section 5101 of D.C. Law 19-168 provided that subtitle K of title V of the act may be cited as "Housing for Homeless Families Amendment Act of 2012".
