Current through codified legislation effective September 18, 2024
Section 6-227 - [Effective Until 3/1/2025] Project-based and sponsor-based voucher assistance(a) The funds allocated under the program for sponsor-based voucher assistance shall be awarded by the Authority pursuant to its Partnership Program For Affordable Housing, except as otherwise provided herein.(b) The Authority shall promulgate rules to govern the awarding of rent supplement funds through Partnership Program grants, as described in this section, to providers of sponsor-based housing. The Authority shall designate a portion of these funds to be awarded on a priority basis to sponsors of supportive housing for individuals with special needs. The rules may address eligibility, admission, and occupancy criteria, which serve the supportive housing goals of the housing development.(b-1)(1) The funds allocated under the program for new project-based voucher assistance shall be awarded by the Department of Housing and Community Development for the construction of new housing, or rehabilitation or preservation of existing housing, for extremely low-income District residents.(2) The Department of Housing and Community Development shall promulgate rules to govern the awarding of project-based voucher assistance and the continuing eligibility for such assistance.(3) The funds awarded pursuant to paragraphs (1) and (2) of this subsection shall be held in the Rent Supplement Program Project-Based Allocation Fund, established by section 26 a-1(b).(4) Prior to the Authority's submission to the Council, pursuant to section 451 of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 803; D.C. Official Code § 1-204.51 ), and section 202 of the Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code § 2-352.02 ), for approval by the Council of an Agreement to Enter into a Long-Term Subsidy Contract ("ALTSC"), the Department of Housing and Community Development shall submit in a form satisfactory to the Authority: (A) A letter of commitment that confirms the project-based voucher assistance funding allocation to the Authority for the initial term of the Long-Term Subsidy Contract in accordance with the proposed terms of the ALTSC and the required certification to the Council under section 202(c)(6) of the Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Code Official § 2-352.02(c)(6) ); and(B) An acceptable memorandum of agreement between the Department of Housing and Community Development and the Authority that details the terms and conditions between the parties and shall include the transfer by the Department of Housing and Community Development of funds to the Housing Authority Rent Supplement Program Fund established by Section 26 a-1(a).".(c)(1) Except as prescribed in paragraphs (2), (3), and (4) of this subsection, the Authority shall apply its existing Partnership Program and Housing Choice Voucher Program rules to govern eligibility, admission, and continuing occupancy by tenants in units receiving sponsor-based or project-based voucher assistance under this section, section 26a, and section 26d.(2) The Authority shall not inquire about nor consider for the purposes of eligibility, admission, or continued occupancy any information about citizenship, immigration status, prior criminal arrests or convictions, or pending criminal matters.(3) Rules governing eligibility, admission, and continuing occupancy by tenants in units receiving sponsor-based or project-based voucher assistance under this section, section 26a, or section 26d shall not be inconsistent with this section, section 26a, or section 26d.(4)(A) The Authority shall allow applicants or participants to self-certify any required eligibility, admission, or continued occupancy factors when an applicant cannot easily obtain verification documentation.(B) Self-certification by the applicant at the time of initial eligibility shall be final and remain sufficient for purposes of continued occupancy recertifications.(5) The Authority shall promulgate such additional rules as are necessary to ensure that eligibility for tenancy in the units supported by grants under this section is limited to households with gross income at or below 30% of the area median income.(d) To maintain consistency for households living in units currently or previously supported by project- or sponsor-based Local Rent Supplement Program funds, the Authority shall, to the extent possible, given funding resources available in the Housing Authority Rent Supplement Program Fund, continue to fund project-based and sponsor-based grantees at the same level, adjusted for inflation on an annual basis, or on such other basis as may be agreed to with the grantee, unless the Authority determines that a grantee is not meeting the criteria set forth in the rules governing project-based or sponsor-based voucher assistance.(d-1) Funds allocated for project-based or sponsor-based voucher assistance pursuant to this section may be used to cover the cost of a security deposit or application fee for a housing unit supported by a grant awarded under this section.(e) [Repealed by 2021 Amendment.] (f)(1) A Long-Term Subsidy Contract shall have a maximum initial term of 20 years, or the maximum initial term allowed for a HAP contract, as that term is defined in section 202(7) of the Low-Income Housing Preservation and Protections Act of 2002, effective April 19, 2002 (D.C. Law 14-114; D.C. Official Code § 42-2851.02(7)), whichever is greater.(2) Section 401(a) of the Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code § 2-354.01(a)), shall not apply to a Long-Term Subsidy Contract to continue providing affordable housing units created or maintained by an existing Long-Term Subsidy Contract using funds awarded under this section and approved by the Council pursuant to section 451 of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 803; D.C. Official Code § 1-204.51), if the proposed contractor is the same as the contractor for the existing Long-Term Subsidy Contract or is the existing contractor's successor-in-interest for the affordable housing units created or maintained under the existing Long-Term Subsidy Contract.Amended by D.C. Law 25-197,§ 2, 71 DCR 006767, eff. 7/19/2024, exp. 3/1/2025.Amended by D.C. Law 25-471,§ 2, 71 DCR 006119, eff. 5/7/2024, exp. 8/5/2024.Amended by D.C. Law 25-159,§ 3, 71 DCR 002305, eff. 4/20/2024.Amended by D.C. Law 25-57, § 2, 70 DCR 010706, eff. 9/16/2023, exp. 4/28/2024.Amended by D.C. Law 25-168, § 2, 0 DCR 0, eff. 7/10/2023, exp. 10/8/2023.Amended by D.C. Law 24-199, § 2 , 69 DCR 012679, eff. 12/13/2022exp. 7/26/2023.Amended by D.C. Law 24-635, § 2 , 0 DCR 0, eff. 11/3/2022, exp. 2/1/2023.Amended by D.C. Law 24-522, § 2 , 69 DCR 009900, eff. 7/27/2022, exp. 10/25/2022.Amended by D.C. Law 24-45, § II-E-2042 , 68 DCR 010163, eff. 11/13/2021.May 9, 2000, D.C. Law 13-105, § 26b; as added Mar. 2, 2007, D.C. Law 16-192, § 2142(b), 53 DCR 6899; Sept. 20, 2012, D.C. Law 19-168, § 2192, 59 DCR 8025; Dec. 13, 2017, D.C. Law 22-33, § 2202, 64 DCR 7652; Oct. 30, 2018, D.C. Law 22-168, § 2092(a), 65 DCR 9388.This section is set out more than once due to postponed, multiple, or conflicting amendments.