Code of the District of Columbia

§ 42–3403.04. Housing assistance payments.

(a) Required. — If an owner converts a housing accommodation into a condominium or cooperative pursuant to this chapter, the Mayor shall provide housing assistance payment for 3 years to each low-income tenant who does not purchase a unit or share.

(a-1) Administration. — Housing assistance payments shall be administered by the Department of Housing and Community Development.

(b) Eligibility. — In order to receive housing assistance payments, the tenant must:

(1) Be low-income;

(2) Apply for the assistance;

(3) Have been living in a rental unit within the converted housing accommodation for at least 180 days prior to receipt of an owner’s request for a tenant election for purposes of conversion; and

(4) Reside within the District of Columbia after conversion of the housing accommodation.

(c) Amount. — The amount of a housing assistance payment is calculated as follows:

(1) If a household’s average monthly housing expenses during the 12 consecutive months prior to conversion are less than 25 percent of net monthly household income, the amount of a monthly housing assistance payment is the difference between 25 percent of net monthly household income and the projected average monthly housing expenses after conversion;

(2) If a household’s average monthly housing expenses during the 12 consecutive months prior to conversion are more than 25 percent of net monthly household income, the amount of a monthly housing assistance payment is the difference between the prior average monthly housing expenses and the projected average monthly housing expenses after conversion;

(3) The Mayor may review the eligibility of a household and the amount of payments and change the household’s status accordingly;

(4) For purposes of this subsection, the term “housing expenses” includes rent or monthly payment for a unit plus the cost of all utilities if not included in the rent or monthly payment. The term “housing expense” shall not include a security deposit. The Mayor is not required to consider housing expenses which exceed the level of fair market rents established by the federal Department of Housing and Urban Development for the District of Columbia.

(d) Method. —

(1) The Mayor may make housing assistance payments on a monthly basis or an aggregate basis for any portion of the period of eligibility. An aggregate payment is calculated by multiplying the monthly payment amount by the number of months desired.

(2) The Mayor may contract with a financial institution in the District of Columbia for provision of housing assistance payments with District funds.

(3) The Mayor may provide housing assistance payments to the tenant, or to the tenant’s landlord directly.


(Sept. 10, 1980, D.C. Law 3-86, § 304, 27 DCR 2975; Aug. 1, 1981, D.C. Law 4-27, § 2(d), 28 DCR 2824; Mar. 3, 2010, D.C. Law 18-111, § 2111(a), 57 DCR 181.)

Prior Codifications

1981 Ed., § 45-1623.

Effect of Amendments

D.C. Law 18-111 added subsec. (a-1).

Emergency Legislation

For temporary (90 day) amendment of section, see § 2111(a) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).

For temporary (90 day) amendment of section, see § 2111(a) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

Short Title

Short title: Section 2110 of D.C. Law 18-111 provided that subtitle L of title II of the act may be cited as the “Housing Assistance Payment Clarification Amendment Act of 2009”.

Editor's Notes

Reenactment of Law 3-86: See Historical and Statutory Notes following § 42-3401.01.