D.C. Mun. Regs. tit. 29, r. 29-2501

Current through Register 71, No. 45, November 7, 2024

Rule 29-2501 - GENERAL ELIGIBILITY CRITERIA FOR SHELTER AND SUPPORTIVE HOUSING

2501.1

An applicant, whether an individual or family, shall be eligible to receive shelter and supportive housing services if the applicant:

(a) Is homeless or at imminent risk of becoming homeless because the applicant:

(1) Lacks a fixed, regular residence that provides safe housing, and lacks the financial means to acquire such a residence immediately, including any individual or family who is fleeing, or is attempting to flee, domestic violence, and who have no other residence and lack the resources or support networks to obtain safe housing;

(2) Has a primary nighttime residence that is:

(A) A supervised publicly or privately operated shelter or transitional housing facility designed to provide temporary living accommodations; or

(B) A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings; or

(3) Is likely, because of the applicant's circumstances, to become homeless in the absence of prompt government intervention;

(b) Is a resident of the District of Columbia as defined by section 503 of the District of Columbia Public Assistance Act of 1982, effective April 6, 1982 (D.C. Law 4-101; D.C. Official Code § 4-205.03) (2008 Repl.);

(c) Meets any special eligibility requirements established by the Provider, as long as such eligibility requirements are approved by the Department as part of the Provider's program rules pursuant to section 2515. Such special eligibility requirements must be for the purpose of limiting entry into the program to those exhibiting the specific challenges that the program is designed to address; and

(d) Meets any additional eligibility requirements established by any federal funding source, if such requirements are mandatory for eligibility for federal funding.

2501.2

No applicant may be deemed ineligible for services solely because the applicant cannot establish proof of homelessness or residency at the time of their application for assistance.

2501.3

The Department or its designee shall provide the following for each individual seeking services:

(a) An overview of the shelter's policies in regards to the protection of residents based upon actual or perceived sexual orientation and gender identity;

(b) The opportunity for the individual to disclose whether he or she requests special placement or care based on safety concerns due to actual or perceived sexual orientation status or gender identity; and

(c) The opportunity to disclose, voluntarily and only following a discussion of the shelter's policies and accommodations for LGBTQ populations and ability to safeguard confidential information, the individual's sexual orientation and gender identification and expression; provided that the intake worker and all staff shall conduct this discussion in a culturally competent manner.

2501.4

In determining what would be an appropriate referral, the Department or its designee shall consider relevant factors, including:

(a) Prior receipt of services;

(b) Disability;

(c) Family size;

(d) Affordability of housing;

(e) Age; and

(f) Whether an individual is an LGBTQ homeless youth.

2501.5

The Department or its designees shall enter information detailed in §2501.4 into HMIS.

D.C. Mun. Regs. tit. 29, r. 29-2501

Final Rulemaking published at 39 DCR 470, 471 (January 24, 1992); as amended by Notice of Emergency and Proposed Rulemaking published at 57 DCR 6438 (July 23, 2010)[EXPIRED]; as amended by Notice Emergency Rulemaking published at 57 DCR 11353 (November 26, 2010)[EXPIRED]; as amended by Notice of Emergency Rulemaking published at 58 DCR 3007 (April 8, 2011)[EXPIRED]; as amended by Notice of Final Rulemaking published at 58 DCR 7442, 7443 (August 19, 2011); amended by Final Rulemaking published at 63 DCR 10215 (8/5/2016)

Authority: The Director of the Department of Human Services (DHS or Department), pursuant to the authority set forth in section 31 of the Homeless Services Reform Act of 2005 (HSRA or Act), effective October 22, 2005 (D.C. Law 16-35, D.C. Official Code § 4-756.02 (2008 Repl.)), and Mayor's Order 2006-20, dated February 13, 2006.