D.C. Mun. Regs. tit. 14, r. 14-6121

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

Rule 14-6121 - LIVE-IN AIDES

6121.1

It is the policy of DCHA to grant reasonable accommodations, such as a live-in aide, subject to compliance with the provisions set forth in Chapter 74 of this Title.

6121.2

Live-in aide means a person who resides with one or more elderly persons, or near-elderly persons, or persons with disabilities, and who:

(a) Is determined to be essential to the care and well-being of the person(s);

(b) Is not otherwise legally or financially obligated for the support of the person(s); and

(c) Would not be living in the unit except to provide the necessary supportive services.

6121.3

A live-in aide is subject to approval of DCHA prior to occupancy. At any time, DCHA may refuse to approve a particular person as a live-in aide. DCHA may withdraw such approval for reasonable cause. A live-in aide resides in a unit identified on a lease, but is not a lessee with rights of tenancy, and does not possess the right to participate in the resident council.

6121.4

A live-in aide must abide by all the rules and regulations of DCHA as well as those of the particular property where they reside. DCHA will provide a thirty (30) day written warning notice to a resident of a determination to withdraw approval of a live-in aide prior to issuing any notice required to commence a legal action to terminate the lessee's tenancy This decision by DCHA is subject to the Grievance Process available to Lessees.

6121.5

The income of an approved live-in aide shall not be included in the calculation of rent, and the name of an approved live-in aide shall not be added as a Lessee to the Dwelling Lease, but shall be added as a live-in aide prior to taking up occupancy of a unit, otherwise such person is deemed to be an unauthorized occupant. While an application is pending for a live-in aide the live-in-aide may occupy the unit to provide the necessary supportive services as a guest of the Lessee in accordance with Subsection 6500.1(h).

6121.6

Definitions of "elderly," "near-elderly," and "persons with a disability" are as required by federal regulations in 24 CFR § 5.403 as may be amended.

D.C. Mun. Regs. tit. 14, r. 14-6121

Notice of Final Rulemaking published at 46 DCR 603 (January 22, 1999), incorporating by reference the text of Notice of Proposed Rulemaking published at 45 DCR 7913, 7914 (November 6, 1998); as amended by Notice of Final Rulemaking published at 50 DCR 5739 (July 18, 2003); as amended by Final Rulemaking published at 50 DCR 10347 (December 5, 2003); as amended by Final Rulemaking published at 51 DCR 8104 (August 20, 2004); as amended by Final Rulemaking published at 51 DCR 9184 (September 24, 2004); as amended by Final Rulemaking published at 54 DCR 12303 (December 21, 2007)