D.C. Mun. Regs. tit. 10, r. 10-B4399

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

Rule 10-B4399 - DEFINITIONS

4399.1

When used in this chapter, the following words and phrases shall have the meaning ascribed:

Accessible Dwelling Unit - a dwelling unit that handicapped and disabled individuals and families are capable of approaching, entering, and using and has been rendered barrier free to such individuals through preparation, retrofit, rehabilitation or construction in accordance with District law and regulation, and A117.1 - 1980 National Standards Specifications for Making Buildings and Facilities accessible to and Usable by Physically Handicapped People approved March 3, 1980 by the American National Standards Institute, Inc.

Adaptable Dwelling Unit - a dwelling unit wherein certain of its building elements have been or may be altered so as to render the unit potentially accessible to physically handicapped or disabled individuals, as well as usable by and accommodating the needs of non-disabled individuals in accordance with District law and regulation.

Applicant - a corporation, partnership, joint venture or other eligible entity which submits a proposal for assistance under the HoFEDD Program. The term applicant is also applicable to the entity receiving HoFEDD assistance and the housing provider which currently owns and/or manages, or will own or manage, the housing accommodation receiving HoFEDD assistance.

Code Violations - violations of any applicable District of Columbia Municipal Regulation governing the condition or serviceability of a dwelling or its component systems, or its appropriateness for the use or occupancy intended, or its conformance with existing zoning.

Congregate Housing Facility - a multi-family or single family residential property that contains a central dining facility where meals may be served to the occupants and have the following characteristics:

(a) A congregate housing facility in a multi-family property consists of two (2) or more dwelling units, a central kitchen and dining facility and at least one bathroom per dwelling unit; or

(b) A congregate housing facility in a single family property consists of a single family house or single apartment unit with a central kitchen and dining facility and may have shared bath facilities.

DHCD - the Department of Housing and Community Development.

Dwelling Unit - any part of a multi-family, single room occupancy or congregate housing facility which is rented for residential occupancy and includes any apartment, efficiency apartment, single room, suite of rooms, or duplex. In a congregate housing facility, a bed in a shared sleeping room may be considered as a dwelling unit. If the dwelling unit is a congregate housing or single room occupancy facility, it may or may not contain a kitchen or bath.

Eligible Occupants - special needs individuals and families as defined in this section.

Entity - a corporation, partnership or joint-venture.

Equity - an amount of investment which includes the following:

(a) Cash invested by an applicant in a project under the program, after submission of an application under the program, which is not derived from any loan, whose repayment is not required, and whose repayment is not secured in any way by an lien or encumbrance on the property under this program or on any other property owned by the applicant or any of the applicant entity's principal owners, or in any other way; and

(b) The cash value of materials or services contributed by an applicant to a project under the program, after the submission of an application under the program, based on the DHCD's estimation of the items' comparable market value.

HoFEDD - the District's Housing Finance for Elderly, Dependent and Disabled Program.

Individual - an adult or minor residing and domiciled in the District of Columbia who belongs to one or more of the categories delineated in the "Special Needs Individuals and Families" definition.

Lower and Moderate Income Household - a family whose annual income is within the Section 8 lower income limits established by the U.S. Department of Housing and Urban Development pursuant to 42 U.S.C. 1437f.

Multi-family Property - residential property containing two (2) or more dwelling units.

NIA - DHCD's Neighborhood Improvement Administration.

NOFA - a Notice of Funds Availability issued pursuant to the HoFEDD Program.

Not-for-profit Applicant - any private nonprofit entity that is designated as exempt from the payment of federal taxes pursuant to § 501(c) (3) of the Internal Revenue Code of the United States.

Owner - a fee simple owner, owner of record, leaseholder, general or special warranty deed holder.

Pre-existing Mortgages - financial obligations that are secured by the affected property at the time the applicant applies for loans under the HoFEDD Program.

Property - the land and improvements receiving HoFEDD assistance.

Reserved Units - dwelling units made available at affordable rents to lower and moderate income households.

RFP - a request for proposals issued pursuant to the HoFEDD Program.

Single Room Occupancy - a housing accommodation (including rooming units as defined in the D.C. Zoning Regulations at 11 DCMR 199) with shared bath facilities and which may or may not have kitchen or dining facilities available, consistent with District regulation.

Special Needs Individuals and Families - individuals or family households which belong to at least one of the following categories:

(a) Elderly - an individual who is at least sixty (60) years of age or a family whose head-of-household or spouse is at least sixty (60) years of age;

(b) Disabled - an individual or family head-of-household or spouse meeting the definition of disability in § 223 of the Social Security Act (42 U.S.C. 423) or § 102 of the Developmental Disabilities Services and Facilities Construction Amendments of 1970 (42 U.S.C. 2691(1));

(c) Handicapped:

(1) An individual or a family with a head-of-household or spouse who has a medically determinable physical impairment, including blindness, which prohibits and incapacitates seventy-five percent (75%) of that person's ability to move about, to assist himself or herself, or to engage in an occupation;

(2) An individual or a family with a head-of-household or spouse who has a physical or mental impairment which is expected to be of long continued and indefinite duration, substantially impedes his or her ability to live independently, and is of a nature that such ability could be improved by more suitable housing conditions; or

(3) A person who has developmental disability which is a severe, chronic disability of a person which is attributable to a mental or physical impairment or combination of mental and physical impairments; is manifested before the person attains age twenty-two (22); is likely to continue indefinitely; results in substantial functional limitations in three (3) or more of the following areas of major life activity of self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living and -economic sufficiency; and reflects the person's need for a combination and sequence of special care, treatment or other services which are of a lifelong or extended duration and are individually planned and coordinated;

(d) Foster children and adolescents;

(e) Individuals assigned to congregate or other community based housing arrangements as a result of actual or pending court adjudication;

(f) Individual ex-offenders living under court ordered supervision;

(g) Individuals undergoing treatment for substance abuse;

(h) An individual or family with a head-of-household or spouse who is homeless; or

(i) An individual who is medically determined chronically mentally ill or retarded.

D.C. Mun. Regs. tit. 10, r. 10-B4399

Final Rulemaking published at 35 DCR 3535, 3553 (May 13, 1988)