D.C. Mun. Regs. tit. 29, r. 29-7807

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

Rule 29-7807 - [Effective until 1/15/2025] UNIT SELECTION

7807.1

Participation in the FRSP is conditioned upon selecting a housing unit that passes the FRSP required housing inspection, which shall conform to the National Standards for Physical Inspection of Real Estate established by HUD or other standards designated by the Department, and meets the Rent Reasonableness Standard as determined by DCHA. The Department or the Department's designee may authorize selection of a housing unit that exceeds the maximum allowable rent for purposes of ensuring the program is readily accessible by large families and individuals with disabilities, in accordance with Sections 9 and 12 of the Act (D.C. Official Code §§ 4-754.11(a)(2) and 4-754.21(11)).

7807.2

An FRSP household shall be required to work with their case manager to identify a unit independently and access the pool of available housing units to identify a unit that best fits their needs.

7807.3

An FRSP-eligible family shall make a reasonable effort to identify a unit that will allow the household to achieve housing stability independent of the Program by the end of the FRSP assistance period as described in § 7801.8.

7807.4

The Department shall permit the following maximum number of bedrooms based on the household's composition:

(a) A household with one parent and one child under the age of two (2) will be approved for a studio or a one (1)-bedroom apartment;

(b) A household of more than one person will be approved for a unit with one (1) bedroom for the head of household and spouse or partner and one (1) additional bedroom for each two (2) persons within the household pursuant to 14 D.C.M.R. § 402.2-402.3.

7807.5

The following exceptions shall apply to the maximum number of bedrooms policy in § 7807.4:

(a) Children of the opposite gender shall be allocated separate bedrooms once one of the children is over the age of five (5) or if one (1) of the children will turn five (5) within six (6) months after the household's lease is signed;

(b) With the permission of the applicant and to allow the household to identify a unit that they believe will be more affordable in the long-term, the Department may allow children of opposite gender between the ages of six (6) and eleven (11) to occupy the same bedroom, in order to reduce the number of bedrooms required;

(c) Children of the same gender shall be allocated one (1) bedroom. Beginning once one (1) of the children turns age thirteen (13), if there is a difference of five (5) years or more between children of the same gender, they may have separate bedrooms; and

(d) A bedroom shall not be assigned to an unborn child unless there is a parent in the household who is in their third trimester.

7807.6

If a household requests to lease up in a unit with more bedrooms than is allowed under § 7807.4 and 7807.5, the household shall request approval of their selected unit from the Department, which shall be granted only if the household demonstrates that the increase in bedrooms is necessary to accommodate the reasonable needs of a household member with a disability.

7807.7

If a parent shares custody of children, bedrooms shall be provided for children if the children live with the parent for fifty percent (50%) or more of the time. The Department shall require verification of the shared custody.

7807.8

If the family's household composition changes, the household may request an exception to the standards in § 7807.4 and 7807.5. If the household is already in a unit, the household can request a unit review.

7807.9

If the FRSP-eligible household is unable to secure a housing unit in a timely manner, he or she shall be offered at least one (1) unit from the available housing inventory to the extent that units are available in the housing inventory.

7807.10

FRSP assistance shall be provided only for housing units located within the District of Columbia. Any unit constructed before 1978 in which a child under the age of six (6) will be residing must comply with Section 302 of the Lead-Based Paint Poisoning Prevention Act, effective November 9, 1973 (Pub. L. 91-695; 42 U.S.C. § 4822), and implementing regulations at 24 C.F.R. part 35, subparts A, B, M, and R.

7807.11

Upon selection, successful inspection, and signing of a lease, the Service Provider shall ensure that the case manager's and Department's contact information is promptly provided to the landlord.

7807.12

The Service Provider shall assist a participant in relocating to a different unit if, at any time during the participant's tenancy:

(a) The participant needs to move because of a reasonable accommodation;

(b) The participant needs to move because of domestic violence; or

(c) The unit has substantial housing code violations that adversely impact the health or safety of the participant's household, and that the landlord fails to address after receiving notice of the housing code violations.

7807.13

Relocation to a different unit shall have no effect on the participant's length of FRSP assistance.

D.C. Mun. Regs. tit. 29, r. 29-7807

Final Rulemaking published at 63 DCR 5273 (4/8/2016); amended by Final Rulemaking published at 71 DCR 11691 (9/27/2024), exp. 1/15/2025 (Emergency)