D.C. Mun. Regs. tit. 14, r. 14-2211

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 14-2211 - HOUSEHOLD SELECTION THROUGH DISTRICT LOTTERY

2211.1

No later than fourteen (14) days after DHCD provides the notification referred to in § 2210.2, DHCD shall hold a lottery of those Households fulfilling Household size and Annual Income requirements that indicated interest in the available Inclusionary Unit(s) by providing the required documents or information pursuant to § 2210.3.

2211.2

For each available Inclusionary Unit, DHCD shall randomly select at least four (4) Households and in most cases ten (10) Households through a lottery from the District List. The Households selected shall then be ranked in the following order:

(a) Households residing in the District, who shall then be ranked by the length of time each has been on the District List;

(b) Households not residing in the District with at least one (1) member employed in the District, who shall then be ranked by the length of time each has been on the District List;

(c) If fewer than four (4) Households on the District List meet the Household size and Annual Income standards applicable to the Inclusionary Unit, DHCD shall randomly select additional Households through a lottery from the Miscellaneous List in order to select at least four (4) Households and in most cases ten (10) Households that meet the Household size and Annual Income standards applicable for the Inclusionary Unit. The Households selected shall then be ranked by the length of time each has been on the Miscellaneous List; and

(d) If fewer than four (4) Households that meet the Household size and Annual Income standards are available on both the District List and the Miscellaneous List, all Households that meet the Household size and Annual Income standards and are interested in the Inclusionary Unit will be given an opportunity to purchase or lease the Inclusionary Unit. The Households selected shall then be ranked by the length of time each has been on the registration list.

2211.3

If none of the Households selected through a lottery purchase or lease the Inclusionary Unit, DHCD shall continue to hold lotteries pursuant to the procedures set forth in § 2210 and this § 2211 until a Household purchases or leases the Inclusionary Unit or the Inclusionary Unit is leased or sold unless the Owner proceeds with a rental or sale of the Inclusionary Unit under § 2211.4.

2211.4

DHCD may permit, in its sole and absolute discretion, the rental or sale of the Inclusionary Unit to a Household that is not registered under § 2209 but has been determined eligible under § 2214, provided that the Owner's marketing plan has been approved by DHCD and:

(a) More than three (3) months have passed since the Notice of Availability was submitted for the Inclusionary Unit and at least one (1) lottery has been conducted pursuant to this § 2211; and

(b) No Household selected through a previous lottery is still within the qualification process for an Inclusionary Unit to be included in such marketing plan.

2211.5

With respect to each Household selected pursuant to a lottery under this § 2211, DHCD shall provide a notice under § 2212.2.

D.C. Mun. Regs. tit. 14, r. 14-2211

Notice of Final Rulemaking published at 56 DCR 3907 (May 15, 2009); as amended by Final Rulemaking published at 56 DCR 9295, 9310 (December 11, 2009); amended by Final Rulemaking published at 64 DCR 13582 (12/29/2017)

Authority: Pursuant to the authority set forth in § 107 of the Inclusionary Zoning Implementation Amendment Act of 2006, effective March 14, 2007 (D.C. Law 16-275; D.C. Official Code § 6-1041.07) ("Inclusionary" Zoning Act) and Mayor's Order 2008-59, dated April 2, 2008.