D.C. Law 24-287. Emergency Rental Assistance Reform and Career Mobility Action Plan Program Establishment Amendment Act of 2022.
AN ACT
To amend the Homeless Services Reform Act of 2005 to reform the Emergency Rental Assistance Program to reduce administrative barriers to rental assistance payments for tenants in need; and to establish a program to reduce and remove obstacles that low-income households confront as they pursue higher incomes through employment.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Emergency Rental Assistance Reform and Career Mobility Action Plan Program Establishment Amendment Act of 2022".
TITLE I. EMERGENCY RENTAL ASSISTANCE PROGRAM REFORM.
Sec. 101. The Homeless Services Reform Act of 2005, effective October 22, 2005 (D.C. Law 16-35; D.C. Official Code § 4-751.01 et seq.), is amended as follows:
(a) The table of contents is amended by adding a new section designation to read as follows:
"Sec. 8f. Emergency rental assistance.
(b) A new section 8f is added to read as follows:
"Sec. 8f. Emergency rental assistance.
"(a)(1) To qualify for emergency rental assistance funds made available pursuant to this section ("Emergency Rental Assistance Funds"), an applicant unit shall be required to meet only the following eligibility criteria:
"(A) Be living in the District of Columbia at the time of application;
"(B) Be presented with an emergency situation that he or she has no other available resources to resolve, while still meeting other basic needs; and
"(C) Have a net income, combined with the net income of any other individual within the applicant unit that, in the 30 days immediately preceding the date of application, does not exceed 40% of the Area Median Income for the District of Columbia for the specified household size.
"(2)(A) To qualify for Emergency Rental Assistance Funds, an applicant unit may be required to document or otherwise establish:
"(i) That the applicant unit is living in the District of Columbia at the time of application;
"(ii) The applicant unit's household income and assets;
"(iii) The number of bedrooms in the unit occupied by the applicant unit;
"(iv) The number of people in the applicant unit's household; and
"(v) The facts and circumstances surrounding rental arrearages, the security or damage deposit, or the first month's rent, including that the applicant unit is responsible for payment.
"(B) Other than the requirements listed in subparagraph (A) of this paragraph, no other documentation or proof shall be required.
"(3) Provided that an applicant unit is eligible to receive Emergency Rental Assistance Funds, but is unable to provide sufficient documentation or proof for the purposes of paragraph (2)(A) of this subsection, an unsworn declaration made under penalty of perjury shall be considered sufficient documentation or proof to establish eligibility.
"(4) To qualify for Emergency Rental Assistance Funds, an applicant unit shall not be required to provide documentation or proof that the members of the applicant unit are related by blood, legal adoption, marriage or domestic partnership, or legal guardianship.
"(5) Case management or other services shall not be required as a condition to qualify for Emergency Rental Assistance Funds.
"(b)(1) Emergency Rental Assistance Funds shall not be paid to the applicant unit but instead directly to a vendor providing a service to the applicant unit or into the court registry.
"(2) If eviction is imminent, or if the applicant unit has a current rent arrearage at least 30 days past due, Emergency Rental Assistance Funds may be utilized to pay rent arrearages, late fees, or associated court fees.
"(3)(A) The total payment of Emergency Rental Assistance Funds on behalf of an applicant unit for rent arrearages, late fees, and associated court fees shall not exceed an amount equal to 5 times the applicable fair market monthly rent for the Washington-Arlington-Alexandria Metropolitan area based on unit size and zip code, as established by the U.S. Department of Housing and Urban Development; provided, that the total payment limit may be waived if:
"(i) The applicant unit lives with 6 or more individuals and reasonable alternatives to the existing housing arrangement are not available;
"(ii) An individual living with the applicant unit has a physical or mental disability or an extended illness such that loss of existing housing would pose a serious threat to the health or safety of that individual; or
"(iii) The applicant unit is applying for Emergency Rental Assistance Funds during a public health emergency declared pursuant to
"(B) During a public health emergency, and for 180 days after its conclusion, an arrearage paid with Emergency Rental Assistance Funds may be for as many months of rent as the total number of months that the public health emergency has been in effect or was in effect.
"(4) No payment shall be made when payment of Emergency Rental Assistance Funds up to the amount authorized by this section would not substantially alleviate an emergency situation during the 30-day period immediately following the authorization of payment unless the applicant unit demonstrates that a housing provider will:
"(A) Accept partial payment in full satisfaction of the outstanding rent due; or
"(B) Enter into a longer-term repayment plan for the payment of the remaining balance of unpaid rent.
"(5)(A) The use of Emergency Rental Assistance Funds to cover a security or damage deposit shall only be authorized if the housing provider does not waive the deposit and:
"(i) The applicant unit is or will become homeless if assistance is not provided; or
"(ii) The purpose of the assistance is to reunite a child less than 18 years of age with his or her family or to prevent separation of a child less than 18 years of age from his or her family.
"(B) The maximum payment for a security or damage deposit shall be the actual amount of the deposit, which may not exceed the amount of one month's unsubsidized rent, as specified by the housing provider.
"(6)(A) Assistance may be authorized for the first month's rent if:
"(i) The applicant unit is eligible for a security deposit payment as pecified in paragraph (5)(A) of this subsection;
"(ii) The first month's rent must be paid in conjunction with the security deposit in order for the applicant unit to assume tenancy; and
"(iii) The applicant unit has no other means of paying for the first month's rent at the time it is required.
"(B) The maximum emergency assistance payment for the first month's rent under this paragraph shall not exceed the actual amount of one month's unsubsidized rent, as specified by the housing provider.
"(c) An applicant unit that has met the eligibility standards set forth in this section shall qualify for Emergency Rental Assistance Funds; except, that the agency may provide funding on a first come, first served basis and subject to the availability of funds.
"(d) For purposes of this section, the term:
"(1) "Applicant unit" means an individual who is applying for Emergency Rental Assistance Funds pursuant to this section for his or her own needs or the needs of those with whom he or she lives.
"(2) "Basic needs" includes groceries, childcare, utilities, and car payments.
"(3) "Emergency situation" means a situation in which immediate action is necessary to avoid homelessness or eviction, to re-establish a home, or otherwise to prevent displacement from a home.
"(4) "Living in the District of Columbia" means that an individual is maintaining a home in the District as his or her principal residence or, if he or she is homeless, that he or she is physically present in the District and not a resident of another state.".
Sec. 102. Section 501 of the Rental Housing Act of 1985, effective July 17, 1985 (D.C. Law 6-10; D.C. Official Code § 42-3505.01) is amended by adding a new subsection (r) to read as follows:
"(r)(1) The court shall stay any proceedings for a claim brought by a housing provider to recover possession of a rental unit for non-payment of rent if a tenant submits documentation to the court demonstrating that he or she has a pending Emergency Rental Assistance Program application. Proceedings shall be stayed until a determination of funding has been made and, if the application is approved, funding has been distributed to the housing provider.
"(2) When an eviction that involves non-payment of rent has been authorized by the court and a tenant notifies the housing provider that he or she has a pending Emergency Rental Assistance Program application no later than 48 hours prior to the scheduled date and time of the eviction, the housing provider shall reschedule the eviction for a date no earlier than 3 weeks from the current scheduled eviction date to allow for the application to be processed, a determination of funding to be made, and, if the application is approved, funding to be distributed to the housing provider. Any further stay or rescheduling of the eviction date may only be granted by order of the Superior Court or by agreement of the housing provider.".
TITLE II. CAREER MOBILITY ACTION PLAN PROGRAM ESTABLISHMENT
Sec. 201. Definitions.
For the purposes of
(1) "Area median income" means the area median income of the Washington Metropolitan Statistical Area as set forth in the periodic calculation provided by the U.S. Department of Housing and Urban Development.
(2) "Department" means the Department of Human Services.
(3) "Federal poverty guidelines" means the poverty guidelines updated periodically in the Federal Register by the U.S. Department of Health and Human Services under the authority of section 673(2) of the Community Services Block Grant Act, approved October 27, 1998 (112 Stat. 2729; 42 U.S.C. § 9902(2)).
(4) "Low-income household" means a household consisting of one or more individuals with a household income:
(A) At or below 185% of federal poverty guidelines for the size of the household; or
(B) At or below 40% of the area median income for the size of the household.
(5) "Program" means the Career Mobility Action Plan program.
(6) "Program participant" means a household enrolled in the program.
(7) "Support services" means services to program participants provided under this program and may include:
(A) Rental assistance;
(B) Income support; or
(C) Career navigation and advancement services, coaching, case management, and other support services and resources.
Sec. 202. Career Mobility Action Plan program authorization.
(a) The Department shall establish and administer the Career Mobility Action Plan program for the purpose of reducing and removing obstacles that low-income households confront as they pursue higher incomes through employment, including a decrease in public benefits that may result from an increase in the household's income.
(b)(1) The Department may provide support services to program participants to help achieve the goals of the program.
(2) The types and amounts of support services provided shall be determined based on household income, household composition, and other criteria established by the Department. Other criteria may include:
(A) Funding availability;
(B) Reducing the impact of losses of other types of benefits a household may receive as income increases;
(C) Addressing short-term household emergencies; or
(D) Supporting career advancement activities.
(c) The Department may issue grants to service providers to implement the provisions of
Sec. 203. Eligibility, enrollment, and program requirements.
(a) To be eligible to participate in the program, a household shall:
(1) Reside in the District;
(2) Be a low-income household at the time the household's initial eligibility is determined;
(3) Contain at least one individual who is currently participating in a housing assistance program administered by the District or federal government at the time that the household's initial eligibility is determined; and
(4) Meet any other eligibility criteria established by the Mayor by rule.
(b)(1) The Department may establish preference criteria and an application process and conduct a randomized lottery to select eligible households to participate in the program to aid in the evaluation of the program.
(2) The established preference criteria may:
(A) Factor in whether a household:
(i) Is participating in a time-limited housing-assistance program;
(ii) Includes children under the age of 18; and
(iii) Is willing to participate in career-related and other program activities; and
(B) Limit participation to households that are participating in one or more specific housing assistance programs at the time their initial eligibility for the program is determined.
(c) No provision of
(d)(1) A program participant shall remain eligible to participate in the program for no more than 5 years after enrollment regardless of income.
(2) To remain eligible to participate in the program, a program participant shall:
(A) Maintain residency in the District;
(B) Participate in any support services mandated;
(C) Comply with paragraph (3) of this subsection; and
(C) Meet other requirements and criteria established by the Department.
(3) Program participants must exit other housing-assistance programs upon enrollment in the program. A program participant shall cease to be eligible to participate in the program if, during the program participant's enrollment, any member of the program participant's household becomes enrolled in another District- or federal government-funded rental assistance program.
Sec. 204. Notice of changes to services or supports.
(a)(1) The Department shall provide written notice by U.S. postal mail and, where possible, by electronic mail, to a program participant before terminating, reducing, or changing the program participant's support services.
(2) The notice shall advise the program participant of the:
(A) Action the Department plans to take;
(B) Reason for the action;
(C) Date the action will be taken; and
(D) Program participant's right to request a hearing as provided under
(b) A program participant shall be considered to have received the notice required by this subsection upon the notice's postmark date or upon the send date if the notice was also sent via electronic mail, whichever date is earlier.
Sec. 205. Hearings.
(a) A program participant or the program participant's representative may request a hearing before the Office of Administrative Hearings ("OAH") to appeal a decision by the Department to:
(1) Terminate the program participant from the program in less than 5 years of participation; or
(2) Reduce or change the support services provided to the program participant based on:
(A) The program participant's:
(i) Failure to comply with the program requirements"
(ii) Income; or
(iii) Household composition; or
(B) Other criteria established by the Department.
(b) The Mayor shall give the program participant reasonable notice of the time and location of the hearing.
(c)(1) Upon receipt of a hearing request, the Mayor, or the Mayor's designee, shall offer the program participant, or program participant's representative, an opportunity for an administrative review by the Department of the decision that is the subject of the hearing request.
(2) If eviction is imminent, the Department shall take all reasonable steps to provide expedited administrative review to maximize resolution of the appeal.
(d) A program participant shall have 30 calendar days following receipt of the notice required under
(e) The hearing shall be conducted in accordance with
(f) A program participant that timely requests a hearing shall continue to receive the program services or supports provided to the program participant prior to receiving notice of the adverse action, pending a final decision.
(g) If OAH enters a decision in favor of a program participant, the Mayor shall authorize corrected payments and services, if applicable, retroactively to the date the incorrect action was taken.
(h) Materials and documents filed with OAH during the hearing proceedings shall be maintained in compliance with
Sec. 206. Confidentiality.
(a) The Department shall not use or disclose information collected from or about a program participant or applicant except as provided in subsection (b) of this section.
(b) Provided that the use or disclosure is not otherwise prohibited under District or federal law, the Department may use and disclose to other District agencies, contractors, grantees, auditors, and program evaluators information in program records concerning current or former program participants or applicants without prior consent from any individual to whom the information pertains to:
(1) Establish an applicant's eligibility for, or to determine their amount and type of, support services;
(2) Coordinate for the program participant their support with other services provided by the District government, federal government, or a private individual or entity;
(3) Conduct oversight activities, including management, financial and other audits, program evaluations, planning, investigations, examinations, inspections, quality reviews, licensure, disciplinary actions, or civil, administrative, or criminal proceedings or actions; or
(4) Conduct research related to program services, benefits, supports, assistance, or program outcomes.
Sec. 207. Exclusion from income for certain purposes.
Support services shall not be considered income or an asset for purposes of
Sec. 208. Rulemaking.
The Mayor, pursuant to
TITLE III. FISCAL IMPACT STATEMENT AND EFFECTIVE DATE
Sec. 301. Fiscal impact statement.
The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
Sec. 302. Effective date.
This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of congressional review as provided in sections 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of Columbia Register.
