D.C. Mun. Regs. tit. 29, r. 29-2542

Current through Register 71, No. 45, November 7, 2024
Rule 29-2542 - PSH PROGRAM - UNIT IDENTIFICATION AND ACCEPTANCE
2542.1

Participants in the PSH Housing Program shall accept a unit that passes a housing inspection and meets the Rent Reasonableness Standard.

2542.2

A PSH Program participant shall be assigned one (1) unit in the available unit inventory list. The Program shall consider the participant's stated needs and preferences when assigning the unit to the extent possible considering the PSH Program inventory and the housing market. Participants may also find a unit of their choice, as long as such unit passes a housing inspection required by the PSH Program and does not exceed the Rent Reasonableness Standard for their household size.

2542.3

To facilitate timely unit identification and entry into the PSH Housing Program, the participant shall:

(a) Make a reasonable effort to complete the housing subsidy program's application or placement requirements. For purposes of this subsection, failure to take tangible steps towards obtaining or supplying items necessary to complete the requirements of the program may be considered not making a reasonable effort;
(b) Make a reasonable effort to meet with the PSH Program's representative in a timely manner to view a unit. For purposes of this subsection, refusal to meet with the Provider's representative three (3) times without good cause shall be considered not making a reasonable effort;
(c) After viewing a unit, assist the PSH Housing Program to submit a timely and complete application to the landlord; and
(d) Accept a unit that meets the Rent Reasonableness Standard for their household size.
2542.4

If an individual or family fails to make a reasonable effort to complete any of the requirements set forth in Subsection 2542.3, the PSH Program may discontinue the placement process for that individual or family.

2542.5

The PSH Program shall give written and oral notice to clients of discontinuation of the placement process at least fifteen (15) days before the effective date of such discontinuation.

2542.6

The PSH Program's written notice to an individual or family of discontinuation of the placement process shall be on a form prescribed by the Department and shall include:

(a) A clear statement of the effective date on which the placement process will be discontinued;
(b) A clear and detailed statement of the factual basis for the determination that the individual or family has failed to make reasonable efforts to meet the requirements of Subsection 2542.3, including the date or dates upon which the determination is based;
(c) A reference to the statute, regulation, or Program Rule pursuant to which the discontinuation is based;
(d) A statement that a reasonable effort by the individual or family to meet the requirements of Subsection 2542.3 prior to the effective date of discontinuation of the placement process shall result in a withdrawal by the Program of the Notice of Discontinuation; and
(a) A clear and complete statement of the client's rights to appeal the discontinuation through a fair hearing and administrative review, including deadlines for instituting the appeal.
2542.6

An individual or family for whom the PSH Program has discontinued the placement process pursuant to Subsection 2542.4 shall not have a right to continue the placement process during the appeal.

2542.7

An individual or family for whom the PSH Program has discontinued the placement process pursuant to Subsection 2542.4 may resume the placement process at any time if ready to accept a unit and the Program has an uncommitted housing placement available. For purposes of this section, an available uncommitted housing placement means that the Program has an available subsidy and is not currently working with an individual or family for whom the subsidy is allocated.

2542.8

The PSH Program shall not be obligated to provide placement services to any individual or family issued two (2) or more Notices of Discontinuation of Placement Services.

2542.9

The PSH Housing Program shall assist any participant, at any time, to move to an alternate unit as long as the PSH Program or the participant is able to ensure that the participant:

(a) Exits the existing lease with the landlord according to the terms of the lease or receives the landlord's written approval to exit the lease without financial cost to the Program;
(b) Identifies an alternate unit that passes a housing inspection and does not exceed the HUD Fair Market Rent standards for their household size;
(c) Submits an application to the landlord within the necessary timeframe; and
(d) Accepts the alternate unit and provides the PSH Program with all necessary information regarding the new unit.
2542.10

Once housed, if requested by the participant, the PSH Housing Program may assist the participant to identify an alternate unit that better meets the participant's needs, to the extent possible, considering the availability of units within the PSH Program housing inventory and considering the needs of new applicants.

D.C. Mun. Regs. tit. 29, r. 29-2542

Emergency and Proposed Rulemaking published at 57 DCR 6438 (July 23, 2010)[EXPIRED]; as amended by Emergency Rulemaking published at 57 DCR 11353 (November 26, 2010)[EXPIRED]; as amended by Emergency Rulemaking published at 58 DCR 3007 (April 8, 2011)[EXPIRED]; as amended by Final Rulemaking published at 58 DCR 7442, 7475 (August 19, 2011); as amended by Final Rulemaking published at 61 DCR 6205 (June 20, 2014)
Authority: Section 31 of the Homeless Services Reform Act of 2005 (HSRA), effective October 22, 2005 (D.C. Law 16-35; D.C. Official Code § 4-756.02 (2012 Repl.)), and Mayor's Order 2006-20, dated February 13, 2006.