D.C. Mun. Regs. tit. 10, r. 10-B4306

Current through Register Vol. 71, No. 36, September 6, 2024

Rule 10-B4306 - RELOCATION AND OTHER PROVISIONS FOR EXISTING TENANTS

4306.1

A tenant who is required to move, as determined by DHCD at the time an applicant receives final approval under § 4304, because of housing overcrowding or change of use resulting from the project, and who cannot be accommodated by a move within the property or by proposed improvements to the building, shall be entitled to receive assistance as set forth in §§ 4306.2 and 4306.3.

4306.2

A tenant described in § 4306.1 shall receive payment for relocation moving expenses at least equivalent to the assistance payable for displaced tenants under Title VII of the Rental Housing Act of 1985 (D.C. Law 6-10) as set forth in D.C. Code § 45-2573 (1981).

4306.3

For lower and moderate income tenants as described in § 4306.1 living in the property at the time an applicant receives final approval, the applicant shall provide either a TAP or Section 8 Existing Housing Certificate or a housing assistance payment equal to forty-eight (48) times the amount obtained by subtracting the existing rent level of the tenant, or thirty percent (30%) of one-twelfth (1/12) of the tenant's annual income if that is higher, from the lesser of the following:

(a) The monthly rent of a comparable replacement dwelling, not to exceed the fair market rent level established by the federal government for the Section 8 existing housing program; or

(b) The monthly rent of the unit the tenant actually moves to; Provided, that the unit is in substantial compliance with the D.C. Housing Code.

4306.4

An applicant may make the housing assistance payment on a lump sum basis or, with the tenant's consent, on a monthly basis.

4306.5

If a lower and moderate income tenant required to move as described in § 4306.1 has a residing family member who is handicapped, DHCD shall allow reasonable costs necessary to provide a barrier free environment in replacement housing through the HoFEDD or Home Improvements for the Handicapped Programs.

4306.6

Lower and moderate income tenants who are not required to move as a result of HoFEDD assistance to the property, but who freely elect to move from the property after approval of a loan, shall not be eligible for the relocation or other assistance as provided in this section.

4306.7

A tenant who is required to move on a temporary basis to allow for rehabilitation work on the property shall be provided adequate interim housing accommodations at affordable rents consistent with this section.

4306.8

A lower and moderate income tenant living in the HoFEDD assisted property at the time an applicant receives final approval and who remains in the property shall be entitled to affordable rents by one (1) or more of the following methods:

(a) Approval and acceptable of subsidies to the tenant(s) under the District's Tenant Assistance Program or the Federal Section 8 Program;

(b) Placement of the tenant(s) in a reserved unit, as defined in § 4302.8; Provided, that the rent level of the reserved unit does not exceed thirty percent (30%) of one-twelfth (1/12) of the tenant's annual income;

(c) Assurance that the existing rent level of the tenant shall be maintained for a period of four (4) years; Provided, that the following adjustments to the existing rent level shall be allowed:

(1) If thirty percent (30%) of one-twelfth (1/12) of the tenant's annual income is higher than the existing rent level, that amount may be charged during the four (4) year period, with allowance for the applicant making an annual redetermination of income of the tenant during the four (4) year period; and

(2) The existing rent level may be increased during the four (4) year period by the amount of the adjustment of general applicability in the rent ceiling as determined annually pursuant to D.C. Code § 45-2516 (1981); or

(d) Creation of an adequate special fund for the property which provides a subsidy between the rent level required under paragraph (c) of this subsection and any other rent level sought or proposed by the applicant during the four (4) year period.

D.C. Mun. Regs. tit. 10, r. 10-B4306

Final Rulemaking published at 35 DCR 3535, 3547 (May 13, 1988)