D.C. Mun. Regs. tit. 10, r. 10-B4507

Current through Register Vol. 71, No. 44, November 1, 2024

Rule 10-B4507 - RELOCATION AND OTHER PROVISIONS FOR EXISTING TENANTS

4507.1

DHCD shall give priority consideration to selection of properties which are vacant at the time of application submission, rather than occupied properties, consistent with § 4504.2.

4507.2

DHCD may approve and select occupied properties, subject to the requirements of this section.

4507.3

Applications for LAHDO assistance for occupied properties shall include information on current occupants including tenant income, family and unit size, current rent and utility costs and detailed plans for the provision of adequate and affordable housing following rehabilitation of the property in relation to rent levels, unit size, temporary or permanent relocation.

4507.4

Persons permanently displaced under the LAHDO Program as set forth in § 4507.5 shall be eligible to receive relocation benefits in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, P.L. 91-646, 84 Stat. 1894 ( 42 U.S.C. 4601) as amended (or Uniform Act). The benefits provided by the applicant shall be consistent with the regulations of the U.S. Department of Housing and Urban Development at 24 CFR Part 42, and shall include the following:

(a) Relocation assistance advisory services;

(b) Payments for moving and related expenses; and

(c) Provision of replacement housing payments.

4507.5

No persons shall be considered permanently displaced by reason of the District's acquisition alone. Rehabilitation is the only activity which shall be considered as having caused permanent displacement of persons hereunder, and only if the rehabilitation results in one of the following:

(a) A tenant/occupant's housing needs cannot be met through proposed improvements to the property or by a move within the property because the tenant will be living in over-crowded housing conditions; or

(b) There will be an insufficient number of units after rehabilitation to house existing tenants as a result of structural alteration of the property (e.g., reduction in number of total units).

4507.6

For purposes of this section, the term "initiation of negotiations" as used in the Uniform Act shall mean the date upon which the District provides notice to the tenant/occupant of the property that he or she will or will not be permanently displaced by the project. The date of initiation of negotiations shall not be later than the date of acquisition of the property by the District, and shall be provided at an earlier date when all of the following can be determined with reasonable certainty:

(a) That the proposed rehabilitation activity will result in the permanent displacement of persons consistent with § 4507.5;

(b) That private or other financing necessary to the project (including financing of rehabilitation) will be available to the applicant; and

(c) That the District will be able to proceed with the acquisition based on the availability of funds, having completed the public hearing required by § 4506.14, and DHCD's approval of the terms and conditions of the acquisition/leaseback.

4507.7

Eligibility for relocation assistance shall begin on the date of initiation of negotiations, as defined in § 4507.6. DHCD and the applicant shall promptly provide a notice of the initiation of negotiations and relocation eligibility to all persons scheduled to be permanently displaced, as defined in § 4507.5, which shall be no later than ten (10) working days following the date of initiation of negotiations. This notice shall be personally served or sent by certified or registered first-class mail, return receipt requested.

4507.8

DHCD and the applicant shall also provide notice to all other occupants of the property that they will not be permanently displaced by the project as a result of rehabilitation. This notice shall be provided at the same time and manner as the notice required in § 4507.7.

4507.9

Tenant/occupants of the property who are required to move on a temporary basis to allow for rehabilitation work in the property shall be provided the following assistance by the applicant:

(a) Offered a reasonable opportunity to lease and occupy on a temporary basis a suitable decent, safe and sanitary dwelling unit in the same property (or in a nearby property);

(b) The terms and conditions of continued occupancy are reasonable and set forth in a lease which is offered to the tenant;

(c) Reimbursement of all actual out-of-pocket expenses incurred in connection with the temporary relocation, including moving costs and any increased rent or utility costs during the term of the temporary relocation; and

(d) Upon completion of rehabilitation, offered a lease for a suitable unit in the LAHDO property with reasonable terms and conditions of continued occupancy consistent with the requirements of § 4507.12.

4507.10

If the applicant does not provide the assistance required in § 4507.9 to tenant/occupants required to move on a temporary basis, the applicant shall be required to provide relocation benefits as provided in § 4507.4.

4507.11

Persons who do not qualify as permanently displaced persons under the LAHDO Program shall include, but not be limited to, the following:

(a) A person who moves before the initiation of negotiations, unless DHCD determines that the person was coerced or received any financial inducement to move by the applicant (or prior owner of the property);

(b) A person who initially enters into occupancy of the property after the date of its acquisition for the project;

(c) A tenant/occupant who has been notified on a timely basis that he or she will not be permanently displaced by project, but who freely elects to move from the property after the initiation of negotiations;

(d) A person who does not accept the temporary relocation assistance as required in § 4507.9;

(e) A person who, after receiving a notice of relocation eligibility as described in § 4507.7, receives a notice in writing that he or she is not to be displaced, provided that the person has not actually moved; or

(f) Other persons as specified in 24 CFR Part 42.

4507.12

Any lower-income tenant residing in the LAHDO assisted property at the time of acquisition and who remains in the property shall be assisted by one or more of the following methods:

(a) If available, approval of subsidy payments on behalf of the tenant(s) under a District or Federal rental assistance payment program;

(b) Placement of the tenant(s) in a reserved unit, as defined in § 4503.10; Provided, that the rent level for the reserved unit does not exceed thirty percent (30%) of one-twelfth (1/12) of the tenant's annual income; or

(c) Assurance that the existing rent level of the tenant(s) in a reserved or other unit shall be maintained for a period of forty-two (42) months after acquisition; 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, the higher amount (not to exceed the after rehabilitation market rent of the unit) may be charged during the forty-two (42) month period, with allowance for the applicant making an annual redetermination of income of the tenant during the same period; and

(2) The existing rent level may be increased during the forty-two (42) month period by the amount of the adjustment of general applicability in the rent ceiling as determined annually pursuant to D.C, Code § 45-2516 (1990 Repl. Vol.).

4507.13

All costs in meeting the relocation assistance and other requirements of this section shall be borne by the applicant. DHCD shall recognize these costs in their underwriting of the project for LAHDO or assistance under other programs.

4507.14

The applicant shall assume administrative responsibility for compliance with the requirements of this section by execution of a specific agreement with DHCD, which responsibilities shall include, but not be limited to, the following activities by the applicant:

(a) To provide information to and work cooperatively with DHCD in determining potential displacement, permanent or temporary, related to building improvements;

(b) To provide notice to tenants (jointly with DHCD) in accordance with §§ 4507.7 and 4507.8;

(c) To provide temporary relocation assistance as required by § 4507.9;

(d) To provide persons to be displaced with the advisory services and payments referenced in § 4507.4 in a manner consistent with 24 CFR Part 42; Provided, that the applicant may request administrative guidance or instruction by DHCD in interpretation of regulations and calculation of payments;

(e) To inform tenant/occupants that if they disagree with the applicant's actions they may appeal to DHCD, and that the applicant shall be bound by DHCD's determination; and

(f) To reimburse the District or compensate tenant/occupants, as appropriate, for any supplemental financial assistance required if, upon post-audit or appeal, DHCD determines the applicant's initial assistance is less than the amount for which a tenant/occupant is eligible.

D.C. Mun. Regs. tit. 10, r. 10-B4507

Final Rulemaking published at 36 DCR 8507, 8520 (December 22, 1989)