D.C. Mun. Regs. tit. 29, r. 29-7812

Current through Register Vol. 71, No. 44, November 1, 2024
Rule 29-7812 - [Effective until 1/15/2025] EXTENSION CRITERIA
7812.1

FRSP provides assistance for a maximum period of twelve (12) months, unless the Department has funding available for FRSP extensions, in a given fiscal year. When such funding is available, the Department may accept FRSP extension requests. If FRSP funding is available for extensions, an FRSP participant may request an extension of FRSP assistance for an additional six (6) months under certain circumstances. The Department will consider the totality of circumstances as described in this section when determining an extension request.

7812.2

The Department shall consider requests for FRSP assistance extending past twelve (12) months if funding is available within the FRSP budget for program extensions. The Department may rely on budget appropriations and Program spending projections based on the availability of current Fiscal Year funding for FRSP rental subsidies and other FRSP services for current FRSP participants, as well as families projected to enter the Program during the current Fiscal Year, when making this determination. DHS shall publish a notice in the District of Columbia Register when FRSP funding for extensions has been exhausted in a given fiscal year.

7812.3

A request for an extension of FRSP assistance must be submitted in writing between ninety (90) and sixty (60) days before the end of the participant's twelve (12)-month assistance period. The request for an extension must be on a form prescribed by the Department. The Service Provider will assist the participant in gathering and submitting the required information to the Department.

7812.4

The Department may grant an extension of FRSP assistance if the participant has demonstrated a good faith effort toward the achievement of goals set forth in their Housing Stabilization Plan or IRP as observed by the Service Provider at the three (3), seven (7), and ten (10) month reviews, but who cannot yet sustain housing stability independently of the program.

7812.5

For the purposes of this section, the participant shall have demonstrated a good faith effort toward the achievement of goals set forth in their Housing Stabilization Plan or IRP by meeting the following requirements:

(a) The participant has missed no more than one monthly rent payment;
(b) The participant has no documented program rule violations in the past three (3) months;
(c) The participant has a housing stabilization plan with an aim of a targeted progression towards exit from the supports of FRSP;
(d) The participant has met, in-person or virtually, with their FRSP case manager at least once per month for the past five (5) months; and
(e) The participant has not opted out of FRSP case management.
7812.6

For the purposes of this section, the Department will determine whether the participant can sustain housing independently of FRSP using the Affordability Assessment described at Section 7801.8. An FRSP participant will not qualify for an extension of FRSP assistance if median rent based on unit size for the Washington-Arlington-Alexandria Metropolitan Area as defined by HUD is less than fifty percent (50%) of the FRSP participant's household income.

7812.7

The Department shall not accept a request for extension of FRSP assistance from an FRSP participant who has been approved for permanently affordable housing. Rather, the participant shall continue to receive FRSP assistance until the participant begins to receive services from the new housing program provider. FRSP rental assistance may continue until the new housing program provider activates the new source of rental assistance.

7812.8

For the purposes of this section, "permanently affordable housing" shall include federally or locally funded programs through which families receive long-term housing assistance. These programs include the Housing Choice Voucher Program, Permanent Supportive Housing, Targeted Affordable Housing, the DC Flexible Rent Subsidy Pilot Program, the Career Mobility Action Plan Program, and other comparable housing programs.

7812.9

When determining whether to grant a participant an extension beyond twelve (12) months of FRSP assistance, the Department shall consider the totality of the circumstances. In addition to the factors described above in this section, the totality of the circumstances shall also include the participant's progress toward attaining employment income equal to or exceeding the equivalent of at least an average of thirty (30) hours per week at the District's minimum wage and the length of total program assistance the participant has received.

7812.10

An FRSP participant shall not qualify for an extension of FRSP assistance beyond twelve (12) months unless they have earned the equivalent of at least an average of thirty (30) hours per week at or above the minimum wage of the District for the past four (4) months.

7812.11

DHS may waive the employment requirement in Section 7812.10, if, at the time of the participant's extension request, the participant faces a significant hardship, such as having a child in their custody under the age of six (6) months or experiencing a medical condition that prevents the FRSP participant from meeting the employment requirement. To qualify for this waiver, the participant must demonstrate reasonable efforts to engage with their case manager to overcome the hardship preventing their employment.

7812.12

FRSP is not an entitlement, and the program is not designed to be an indefinite bridge to long-term affordable housing. Therefore, an FRSP participant may not submit a request for an extension of FRSP assistance if they have already been granted one six (6)-month extension of program assistance.

7812.13

The Department shall notify the participant and the participant's Service Provider if the Department grants the request for an additional six (6) months of FRSP assistance.

7812.14

The Service Provider shall conduct two (2) additional formal reviews for an FRSP participant who receives an additional six (6) months of FRSP assistance to ensure the participant receives the support necessary to exit FRSP with stable housing.

7812.15

If the Department denies the request for an extension of FRSP assistance, the Department shall give the participant a written notice at least thirty (30) calendar days before the final FRSP subsidy payment. The written extension denial notice shall state:

(a) The reason for the denial of additional FRSP assistance;
(b) The participant's right to appeal the determination through a fair hearing and administrative review, including deadlines for requesting an appeal; and
(c) The participant's right to continuation of FRSP assistance pending the outcome of any fair hearing requested within fifteen (15) calendar days' receipt of the written notice of denial.

D.C. Mun. Regs. tit. 29, r. 29-7812

Final Rulemaking published at 71 DCR 11691 (9/27/2024), exp. 1/15/2025 (Emergency)