D.C. Mun. Regs. tit. 29, r. 29-7503

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 29-7503 - ELIGIBILITY CRITERIA

7503.1

The applicant shall meet the following eligibility criteria to qualify for Program assistance:

(a) Be living in the District at the time of application;

(b) Be presented with an emergency situation, as defined in section 7599; and

(c) Have a net income, combined with the net income of any individual with whom he or she lives, that in the 30 days immediately preceding the date of application does not exceed 40% of the Area Median Income (AMI) for the District of Columbia for the specified household size.

7503.2

The applicant shall demonstrate that the applicant has no other available resources for resolving the emergency situation, including resources actually available from a community resource, while still meeting other basic needs such as groceries, childcare, utilities, and car payments.

7503.3

The applicant shall demonstrate that the provision of emergency rental assistance will substantially, if not entirely, alleviate the emergency during the thirty (30) day period immediately following the authorization of payment. If the permissible assistance payment will not substantially eliminate the emergency, and there are no other resources available to substantially eliminate the remaining amount, then the applicant shall demonstrate that:

(a) The landlord will accept a partial payment in full satisfaction of the outstanding rent due; or

(b) The landlord will enter into a longer-term repayment plan, which is within the applicant's financial means to execute, for the remaining balance of unpaid rent.

7503.4

If, after the Provider pays assistance and the emergency for which assistance was provided is resolved, the circumstances that led to that emergency are likely to remain unresolved, the Provider shall refer the applicant to participate in case management services.

7503.5

Consistent with section 8f(e)(4) of the Act, the applicant shall be considered to be living in the District if he or she:

(a) Is maintaining a home in the District as his or her principal residence; or

(b) Is homeless, physically present in the District, and not a resident of another state.

7503.6

The combined net income of the applicant's household, as specified in subsection 7503.9, in the thirty (30) day period immediately preceding the date of application must not exceed forty percent (40%) Area Median Income (AMI) for the District of Columbia for the specified household size.

7503.7

The following shall not be counted in calculating net income available to the applicant's household in the budget month:

(a) Discontinued income, unless actually available in the budget month;

(b) Any income in-kind including, but not limited to, Food Stamps, Women, Infants, and Children Program (WIC), school lunches, homemaker services, and benefits received under the Older Americans Act;

(c) Deductions from earnings which are limited to actual amounts deducted by the employer for federal income tax, D.C. Income Tax, Social Security, Civil Service Retirement, life insurance, health insurance and any other deduction which is mandatory. Garnishments from wages are not considered mandatory deductions and will be counted in the determination of net income;

(d) Payments for children in foster care;

(e) Vendor payments made by the federal or District governments on behalf of the applicant directly to a Vendor, except that any Department administered Rental Vendor Payments made on behalf of a Temporary Aid for Needy Families (TANF) client will be counted as income;

(f) Value of Low Income Home Energy Assistance;

(g) Work incentive payments, training stipends, or allowances to facilitate employment;

(h) Income from any source which is used to pay court ordered child support in the budget month to another household; and

(i) Expenses related to self-employment which may be reasonably associated with the cost of producing income, such that only net income from the self-employment is considered as available to the applicant.

7503.8

All income of an applicant household that is not specifically exempted in subsection 7503.7 shall be considered in calculating the income of the applicant household in the budget month.

7503.9

The following shall be considered in calculating the income of the applicant's household in the budget month:

(a) The net amount of ongoing income received during the budget month including:

(1) Income from a boarder;

(2) Earned income;

(3) TANF grant;

(4) Interim Disability Assistance grant;

(5) General Assistance for Children grant;

(6) Child support payments received;

(7) Social Security retirement, survivors or disability insurance benefits;

(8) Alimony;

(9) Veterans Administration benefits;

(10) Worker's compensation benefits, unemployment benefits and other governmental unemployment benefits;

(11) Payments from private sick and accident insurance plans;

(12) Pensions;

(13) Retirement benefits;

(14) Strike benefits; and

(15) Military allotments;

(b) The value of a Rental Vendor Payment made to a Vendor under the TANF program on behalf of the applicant;

(c) The net amount of discontinued, sporadic, or lump sum income, if it is received in the budget month or has been received in an earlier month and is still available to the applicant;

(d) The net amount of any proceeds from lottery winnings, cash gifts, or loans, except that need-based educational loans described in § 7503.13(e) are exempt;

(e) The income of a recipient of Supplemental Security Income; and

(f) Any federal or state income tax refund received during any period before or during the budget month.

7503.10

The equity value of all assets under subsection 7503.11 shall be added to the applicant's income to determine the total amount of resources available to the applicant in the budget month.

7503.11

The following assets shall be considered available to the applicant in the budget month:

(a) The equity in all real property except the home and surrounding land in which the applicant lives;

(b) The equity in any interest in recreational vehicles, including boats, campers, trailers, motorcycles, snowmobiles, or aircraft;

(c) The equity of any interest in machinery, livestock, or other property or items that are not used for employment or self-employment;

(d) The loan value available to the applicant in insurance plans or the cash or loan value available to the applicant pursuant to an agreement in an escrow or trust fund;

(e) The cash value of an Individual Retirement Account or another deferred compensation plan, or pension funds that have been distributed from a plan and are actually available to an applicant;

(f) The actual value of cash including, but not limited to, a checking account, a savings account, a certificate of deposit, stocks, and bonds; and

(g) Money on hand which is specifically earmarked for contribution towards the resolution of the emergency.

7503.12

The value of an asset jointly owned by the applicant and any person who is not a member of the applicant household shall be prorated according to the number of owners, unless the applicant can demonstrate a different division based on legal ownership.

7503.13

Assets essential to meeting basic needs include the following:

(a) All household furnishings and all personal belongings;

(b) The value of motor vehicles used for transportation;

(c) Tools, machinery and other property used for employment or self-employment, whether or not in the home;

(d) Taxi, truck or similar vehicle necessary for employment or self-employment;

(e) Cash or money in bank accounts that was obtained from a need-based loan made to an applicant for school related expenses; and

(f) Pre-paid burial plans or cemetery plots.

D.C. Mun. Regs. tit. 29, r. 29-7503

Final Rulemaking published at 54 DCR 12622 (December 28, 2007); amended by Final Rulemaking published at 69 DCR 10038 (8/5/2022)