§ 6–227. Project-based and sponsor-based voucher assistance.

*NOTE: This section includes amendments by temporary legislation that will expire on March 1, 2025. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*

(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(3) Repealed.

(4) Prior to the Authority's submission to the Council, pursuant to §§ 1-204.51 and 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 or extension of the Long-Term Subsidy Contract in accordance with the proposed terms of the ALTSC and the required certification to the Council under § 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 any relevant terms and conditions regarding any transfer by the Department of Housing and Community Development of funds to the District of Columbia Housing Authority for the purposes of paying for costs of the Long-Term Subsidy Contract.

(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, § 6-226, or § 6-229 shall not be inconsistent with this section, § 6-226, or § 6-229.

(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, 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.

(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 § 42-2851.02(7), whichever is greater.

(2) An existing Long-Term Subsidy Contract using funds awarded under this section and approved by the Council pursuant to § 1-204.51, may be extended without the need for competition, subject to § 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.

(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; Nov. 13, 2021, D.C. Law 24-45, § 2042(d), 68 DCR 010163; Apr. 20, 2024, D.C. Law 25-159, § 3, 71 DCR 2305; July 19, 2024, D.C. Law 25-197, § 2(b), 71 DCR 6767; Sept. 18, 2024, D.C. Law 25-217, §§ 2022(e), 2073, 71 DCR 9990.)

Section References

This section is referenced in § 4-756.01, § 6-226, and § 6-229.

Effect of Amendments

The 2012 amendment by D.C. Law 19-168 added (e).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2073 of Fiscal Year 2025 Budget Support Emergency Act of 2024 (D.C. Act 25-506, July 15, 2024, 71 DCR 8406).

For temporary (90 days) amendment of this section, see § 2022(e) of Fiscal Year 2025 Budget Support Emergency Act of 2024 (D.C. Act 25-506, July 15, 2024, 71 DCR 8406).

For temporary (90 days) amendment of this section, see § 2(b) of Local Rent Supplement Program Eligibility Emergency Amendment Act of 2024 (D.C. Act 25-471, May 7, 2024, 71 DCR 6119).

For temporary (90 days) amendment of this section, see § 2(b) of Local Rent Supplement Program Eligibility Emergency Amendment Act of 2023 (D.C. Act 25-168, July 10, 2023, 70 DCR 9743).

For temporary (90 days) amendment of this section, see § 2(b) of Local Rent Supplement Program Eligibility Congressional Review Emergency Amendment Act of 2022 (D.C. Act 24-635, Nov. 3, 2022, 0 DCR 0).

For temporary (90 days) amendment of this section, see § 2(b) of Local Rent Supplement Program Eligibility Emergency Amendment Act of 2022 (D.C. Act 24-522, July 27, 2022, 0 DCR 0).

For temporary (90 days) amendment of this section, see § 2092(a) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 2092(a) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary (90 days) amendment of this section, see § 2202 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) amendment of this section, see § 2202 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 day) addition, see § 2142(b) of Fiscal Year 2007 Budget Support Emergency Act of 2006 (D.C. Act 16-477, August 8, 2006, 53 DCR 7068).

For temporary (90 day) addition, see § 2142(b) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2006 (D.C. Act 16-499, October 23, 2006, 53 DCR 8845).

For temporary (90 day) addition, see § 2142(b) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2007 (D.C. Act 17-1, January 16, 2007, 54 DCR 1165).

For temporary (90 day) amendment of section, see § 2(b) of Local Rent Supplement Program Second Emergency Amendment Act of 2008 (D.C. Act 17-684, January 12, 2009, 56 DCR 1111).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2(b) of Local Rent Supplement Program Eligibility Temporary Amendment Act of 2024 (D.C. Law 25-197, July 19, 2024, 71 DCR 6767).

For temporary (225 days) amendment of this section, see § 2(b) of Local Rent Supplement Program Eligibility Temporary Amendment Act of 2023 (D.C. Law 25-57, Sept. 16, 2023, 70 DCR 10706).

For temporary (225 days) amendment of this section, see § 2(b) of Local Rent Supplement Program Eligibility Temporary Amendment Act of 2022 (D.C. Law 24-199, Dec. 13, 2022, 69 DCR 12679).

Section 2(b) of D.C. Law 17-382 amended subsec. (c) to read as follows:

“(c)(1) The Authority shall apply its existing Partnership Program rules to govern the awarding of Partnership Program grants for project-based voucher assistance and the continuing eligibility for those grants under this section, except where the rules are inconsistent with this act.

“(2)(A) For project-based assistance and sponsor-based assistance, except for rules promulgated by the Authority regarding eligibility, admission, and determination of the amount of rental assistance payments pursuant to subparagraph (B) of this paragraph, the Authority shall also apply its existing Partnership Program and Housing Choice Voucher Program rules to govern eligibility, admission, and continuing occupancy by tenants in units receiving assistance under this section, section 26a, and section 26c, except if the rules are inconsistent with this section, section 26a, or section 26c.

“(B) For sponsor-based assistance, the Authority shall promulgate rules to govern eligibility, admission, and determination of the amount of rental assistance payments for units receiving sponsor-based assistance under this section, which eligibility and admission rules will set forth requirements regarding criminal background, citizenship, and residency of tenants.

“(3) The Authority shall promulgate rules as are necessary to ensure that eligibility for tenancy is limited to households with gross income at or below 30% of the area median income in units supported by grants under this section, section 26a, and 26c and to households that have resided in the District for the previous 6 months in units supported by grants under this section.

“(4) Any rules proposed pursuant to this subsection shall be submitted to the Council for a 30-day period of review. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within the 30-day review period, the proposed rules shall be deemed approved.”.

Section 4(b) of D.C. Law 17-382 provided that the act shall expire after 225 days of its having taken effect.