Code of the District of Columbia

§ 6–226. Rent Supplement Program: establishment of program and distribution of funds.

*NOTE: This section has been amended by emergency legislation with identical permanent legislation that will become effective in January, 2022.*

(a) The Rent Supplement Program is established to provide housing assistance to extremely low-income District residents, including those who are homeless and those in need of supportive services, such as elderly individuals or those with disabilities. The funding of this program is subject to appropriation. The assistance under this section, § 6-227, and § 6-228 shall not constitute an entitlement.

(b)(1) The Authority shall award the funds appropriated for the program's sponsor-based voucher assistance and capital-based assistance.

(2) The Department of Housing and Community Development shall award the funds appropriated for the program's project-based voucher assistance.

(3) The Authority shall award the funds appropriated for ongoing tenant-based voucher assistance.

(4) The Authority shall award the funds appropriated for new tenant-based voucher assistance, including funds appropriated to the Department of Human Services as described in § 6-226.01(c)(5), to the extent that such funds are transferred to the Housing Authority Rent Supplement Program Fund pursuant to § 6-226.01(c)(4).

(c)(1) The Authority shall promulgate rules, subject to Council approval, for sponsor-based voucher assistance as required by section 26b and capital-based assistance as required by section 26d, which shall govern the administration of funds for these types of assistance.

(2) The Authority shall promulgate emergency and final rules for tenant-based voucher assistance. Rules issued pursuant to this paragraph shall establish a process to allow applicants to self-certify eligibility factors when an applicant cannot easily obtain verification documentation. Emergency rules shall be issued by November 1, 2021. Final rules shall be subject to Council approval.

(3) The Department of Human Services shall promulgate emergency and final rules governing the referral of applicants to the Authority for tenant-based voucher assistance, including eligibility criteria for Targeted Affordable Housing. In Fiscal Year 2022, such eligibility criteria for Targeted Affordable Housing shall include a prioritization for families that have been in rapid re-housing the longest but are not eligible for Permanent Supportive Housing. Emergency rules shall be issued by November 1, 2021. Final rules shall be subject to Council approval.

(4) The Authority shall promulgate rules, subject to Council approval, for project-based voucher assistance, which shall govern the administration of funds for this type of assistance; except, that the Department of Housing and Community Development shall promulgate rules governing the award of project-based voucher assistance, as provided in paragraph (5) of this subsection.

(5) The Department of Housing and Community Development shall promulgate rules, subject to Council approval, governing the award of project-based voucher assistance; provided, that the rules previously promulgated by the Authority that govern the award of funds for project-based voucher assistance shall remain in effect unless amended or repealed by the Department of Housing and Community Development.

(6) The rules proposed pursuant to this subsection shall:

(A) Provide for allocating project-based and sponsor-based funds to maintain or create new affordable housing units, including by combining funds under this program with other sources of funds for housing production and development and for allocating tenant-based funds to expand affordable housing choices for households through housing subsidies; and

(B) Be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved.

(d) Repealed.

(e) Repealed.


(May 9, 2000, D.C. Law 13-105, § 26a; as added Mar. 2, 2007, D.C. Law 16-192, § 2142(b), 53 DCR 6899; Mar. 3, 2010, D.C. Law 18-111, § 2241(a), 57 DCR 181; Sept. 14, 2011, D.C. Law 19-21, § 2032, 58 DCR 6226; Aug. 23, 2021, D.C. Act 24-159, § 2042(b), 68 DCR 008602.)

Section References

This section is referenced in § 4-753.04, § 4-756.01, § 6-201, § 6-227, § 6-228, § 6-229, and § 42-2802.

Effect of Amendments

D.C. Law 18-111 rewrote subsec. (b), which had read as follows: “(b) The Authority shall allocate the funds appropriated for the program annually toward project-based and sponsor-based voucher assistance, as described in § 6-227, and tenant-based assistance, as described in § 6-228.”

D.C. Law 19-21 added subsec. (e).

Emergency Legislation

For temporary (90 day) addition, see § 2142(b) of Fiscal Year 2007 Budget Support Emergency Act of 2006 (D.C. Act 16-477, August 8, 2006, 53 DCR 7068).

For temporary (90 day) addition, see § 2142(b) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2006 (D.C. Act 16-499, October 23, 2006, 53 DCR 8845).

For temporary (90 day) addition, see § 2142(b) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2007 (D.C. Act 17-1, January 16, 2007, 54 DCR 1165).

For temporary (90 day) amendment of section, see § 2241(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 § 2241(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 2240 of D.C. Law 18-111 provided that subtitle Y of title II of the act may be cited as the “Local Rent Supplement Amendment Act of 2009”.

Short title: Section 2031 of D.C. Law 19-21 provided that subtitle D of title II of the act may be cited as “Rent Supplement Prioritization and Funding Act of 2011”.

Resolutions

Resolution 18-453, the “District of Columbia Housing Authority Rent Supplement Proposed Rulemaking Emergency Approval Resolution of 2010”, was approved effective April 20, 2010.