D.C. Mun. Regs. tit. 29, r. 29-7803

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

Rule 29-7803 - [Effective until 1/15/2025] ELIGIBILITY CRITERIA

7803.1

An applicant shall qualify to enroll into FRSP if the following criteria apply:

(a) The applicant unit is a family, as defined by Section 2(16) of the Act (D.C. Official Code §§ 4-751.01(16));

(b) The applicant unit is currently experiencing homelessness as defined by Section 2(18) of the Act (D.C. Official Code §§ 4-751.01(18)), or is at risk of experiencing homelessness as defined by Section 2(5B) of the Act (D.C. Official Code §§ 4-751.01(5B));

(c) The applicant is a resident of the District of Columbia as defined by Section 2(32) of the Act (D.C. Official Code §§ 4-751.01(32));

(d) The applicant unit earns forty percent (40%) or less of the District of Columbia Median Family Income for the Washington, D.C., Metropolitan Area, as determined by the U.S. Department of Housing and Urban Development ("HUD"); and

(e) The applicant unit has been referred by an approved referral source as described in Section 7803.2.

7803.2

The following are approved referral sources for FRSP applicants (designated for the rest of this chapter as "Referring Providers"):

(a) Providers of a Short-Term Family Housing Program;

(b) Providers of the Homelessness Prevention Program; and

(c) Department-approved providers of emergency domestic violence shelter programs.

7803.3

A Referring Provider shall assess whether FRSP is an appropriate referral for an applicant by using an evidence-based assessment such as the Westat Tool. Relevant factors for determining whether a household is appropriate for FRSP assistance include:

(a) Assessment on a uniform tool as selected by the Department, such as the Service Prioritization Decision Assistance Tool ("SPDAT"), that identifies Rapid Re-Housing as the appropriate housing assistance option based on the applicant's needs;

(b) Identification by the District of Columbia Housing Authority ("DCHA") or other subsidized housing provider, as a household that is reasonably likely to receive DCHA or other subsidized housing within approximately twelve (12) months;

(c) Willingness to take steps that could reasonably lead to increased income in the household; and

(d) Identification of and willingness to take steps that could reasonably lead to permanent housing stability in cohabitation with family, friends, or other appropriate and safe situations.

7803.4

The Department shall determine the eligibility in as short a time as feasible, but not later than ten (10) calendar days after receipt of a completed application by the Eligibility Provider. Delays caused by the following shall not count towards the ten (10)-day deadline:

(a) The applicant's inability to supply information to document facts stated in the completed application needed to determine eligibility and type or amount of assistance;

(b) The inability to contact the applicant through telephone, mail, or email;

(c) Evidence of misrepresentation of information in the application; or

(d) Delay by a third party from whom the Eligibility Provider has requested information.

7803.5

The Eligibility Provider shall create and maintain in the applicant's or participant's file detailed documentation of the Program's eligibility determination, including the assistance for which the applicant qualifies and subsequent case-management services provided.

7803.6

If an applicant is determined eligible for FRSP assistance pursuant to §§ 7803.1, the Eligibility Provider shall enter in the applicant's case file a written Notice of Eligibility Determination.

7803.7

The Referring Provider shall notify the applicant orally or via electronic communication when the Eligibility Provider enters a favorable Notice of Eligibility Determination in the applicant's case file. Pursuant to Section 9 of the Act (D.C. Official Code §§ 4-754.11(a)(6)), the applicant may request a hard copy of the favorable Notice of Eligibility Determination.

7803.8

If an applicant is determined ineligible for FRSP assistance, the Department shall give to the applicant, personally or through an authorized representative, oral and written notice of the denial. The written Notice of Denial of Eligibility shall state:

(a) That the applicant is being denied eligibility;

(b) The reason or reasons for the denial, including the factual and legal basis for the denial;

(c) The applicable statute or regulation pursuant to which the denial was made; and

(d) That the FRSP applicant has a right to appeal the denial through fair hearing and administrative review proceedings pursuant to §§ 7824 including the procedures and appropriate deadlines for requesting an appeal; and

(e) Which programs or services within the Continuum of Care the applicant may qualify for and has been referred to, if appliable.

D.C. Mun. Regs. tit. 29, r. 29-7803

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)