Code of the District of Columbia

Subchapter IV. Provision of Services for Homeless Individuals and Families.


Part A. Application of Subchapter.

§ 4–754.01. Application.

(a) The provisions in this subchapter shall apply to:

(1) Each program within the Continuum of Care offered by the District of Columbia or by a provider receiving funding for the program from either the District of Columbia or the federal government, if such funds are administered, whether by grant, contract, or other means, by the Department of Human Services or its designee; and

(2) Clients of programs covered under paragraph (1) of this subsection.

(b) In multi-program agencies, the provisions in this subchapter shall only apply to those programs that meet the criteria in subsection (a) of this section and clients of those programs.

(c) This section shall not be construed to expand or limit the requirements of any other provision of this chapter.


(Oct. 22, 2005, D.C. Law 16-35, § 3, 52 DCR 8113; Mar. 14, 2007, D.C. Law 16-296, § 2(c), 54 DCR 1097; July 29, 2016, D.C. Law 21-141, 63 DCR 8453.)

Section References

This section is referenced in § 4-751.01, § 4-754.31, and § 4-754.52.

Effect of Amendments

D.C. Law 16-296, made a technical correction that required no change in the text.

Emergency Legislation

For temporary (90 days) amendment of Mayor's use of funds for replacements of homeless shelters, see § 2 of Homeless Shelter Replacement Emergency Amendment Act of 2017 (D.C. Act 22-227, Jan. 10, 2018, 0 DCR 0).

Temporary Legislation

For temporary (225 days) amendment of Mayor's use of funds for replacements of homeless shelters, see § 2 of Homeless Shelter Replacement Temporary Amendment Act of 2018 (D.C. Law 22-73, Mar. 28, 2018, 65 DCR 1370).

Editor's Notes

For amendment to section 3(a)(1) of the the Homeless Shelter Replacement Act of 2016 (D.C. Law 21-141), see section 2 of D.C. Law 22-167.

Sections 2 and 3 of D.C. Law 21-141 authorized the Mayor to use designated funds, appropriated for the purpose of developing replacement shelter facilities for the DC General Family Shelter and for the apartments used for temporary shelter at 1433 and 1435 Spring Road, N.W., to acquire specified parcels of land, including through the use of eminent domain, and to construct 7 new facilities, in Wards 1, 3, 4, 5, 6, 7, and 8, to provide temporary shelter for families experiencing homelessness.


Part B. Client Rights and Responsibilities.

§ 4–754.11. Client rights.

(a) Clients served within the Continuum of Care shall have the right to:

(1) At all times, be treated by providers and the Department with dignity and respect;

(2) Access services within the Continuum of Care free from discrimination on the basis of race, color, religion, national origin, language, culture, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, familial status, family responsibilities, matriculation, political affiliation, disability, and source of income, and in accordance with Unit A of Chapter 14 of Title 2, the Americans with Disabilities Act of 1990, approved July 26, 1990 (104 Stat. 328; 42 U.S.C. § 12101 et seq.), the Rehabilitation Act of 1973, approved August 7, 1998 (112 Stat. 1095; 29 U.S.C. § 701 et seq.), Title II of the Civil Rights Act of 1964, approved July 2, 1964 (78 Stat. 243; 42 U.S.C. § 2000a et seq.), and subchapter II of Chapter 19 of Title 2 [§ 2-1931 et seq.];

(3) Receive reasonable modifications to policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the client’s provider demonstrates that the modifications would fundamentally alter the nature of the services;

(4) Access services within the Continuum of Care free from verbal, emotional, sexual, financial, and physical abuse and exploitation;

(5) Shelter in severe weather conditions;

(6) At a reasonable time and with reasonable prior notice, view and copy, or have an authorized representative view and copy, all records and information that are related to the client and maintained by the client’s provider, including any relevant personal, social, legal, financial, educational, and medical records and information, subject to the provisions of paragraph (7) of this subsection;

(7) Confidential treatment by the Department and providers of personal, social, legal, financial, educational, and medical records and information related to a client or any member of a client’s family, whether obtained from the client or from any other source, in a manner consistent with the confidentiality requirements of District and federal law;

(8) Engage in or abstain from the practice of religion, including the religion of a particular provider or other clients;

(9) Upon request, be told the name and job title of any provider staff member delivering services;

(10) Provide input and feedback to providers on their delivery of services;

(11) File complaints with, testify before, or provide information to a provider or the Mayor regarding the provider’s delivery of services or treatment of the client;

(12) Participate in developing the client's service or case management plan, assess progress toward the goals of the plan, and review or update the plan on a regular basis (as specified by Program Rules established pursuant to § 4-754.32), with the assistance and support of a case manager;

(13) Be free from testing for drugs or alcohol except when:

(A) Program guidelines prohibit intoxication and a licensed social worker or licensed professional counselor with experience identifying indications of drug or alcohol use or a certified addiction counselor determines that there is reasonable cause to believe that the client is engaging in drug or alcohol use; or

(B) A client consents to drug or alcohol testing as part of the client’s case management plan developed in accordance with paragraph (12) of this subsection;

(14) Meet and communicate privately with attorneys, advocates, clergy, physicians, and other professionals;

(15) Timely notice, where required by § 4-754.33, of any decision by the Department or a provider that adversely affects the client’s receipt of services within the Continuum of Care;

(16) Appeal, where permitted by §§ 4-754.41 and 4-754.42, of any decision by the Department or a provider that adversely affects the client’s receipt of services within the Continuum of Care;

(17) Be free from retaliation, punishment, or sanction for exercising any rights provided under this chapter;

(18) Continuation of shelter or housing services provided within the Continuum of Care without change, other than transfer pursuant to § 4-754.34 or emergency transfer, suspension, or termination pursuant to § 4-754.38, pending the outcome of any fair hearing requested within 15 calendar days of receipt of written notice of a suspension or termination;

(19) Be treated in all ways in accordance with the individual’s gender identity and expression, including:

(A) Use of gender-specific facilities including restrooms, showers, and locker rooms;

(B) Being addressed in accordance with the individual’s gender identity and expression;

(C) Having documentation reflect the individual’s gender identity and expression;

(D) Being free from dress codes that are in conflict with the individual’s gender identity and expression;

(E) Confidentiality of information regarding the individual’s gender identity and expression; and

(F) Being free from discrimination in the provision of health care and mental health services related to the individual’s gender identity and expression;

(20) Continuation of a family’s interim eligibility placement, pending the outcome of a fair hearing requested pursuant to § 4-754.41, if the family requests a fair hearing within 48 hours or before the close of the next business day, whichever occurs later, following receipt of written notice provided pursuant to § 4-754.33(b-1) of a denial of an application for shelter following an interim eligibility placement; and

(21) Associate and assemble peacefully with each other, during reasonable hours as established according to the Program Rules.

(b) Repealed.


(Oct. 22, 2005, D.C. Law 16-35, § 9, 52 DCR 8113; Mar. 14, 2007, D.C. Law 16-296, § 2(g), 54 DCR 1097; June 25, 2008, D.C. Law 17-177, § 7(b), 55 DCR 3696; May 3, 2014, D.C. Law 20-100, § 2(f), 61 DCR 1873; Mar. 11, 2015, D.C. Law 20-212, § 2(c), 61 DCR 13077; Feb. 27, 2016, D.C. Law 21-75, §§ 2(d), 3, 63 DCR 257; Feb. 28, 2018, D.C. Law 22-65, § 2(o), 65 DCR 331.)

Section References

This section is referenced in § 4-754.12, § 4-754.31, § 4-754.32, § 4-754.33, § 4-754.38, § 4-754.41, § 4-754.52, and § 4-755.01.

Effect of Amendments

D.C. Law 16-296, in par. (11), inserted “testify before, or provide information to” following “File complaints with”.

D.C. Law 17-177, in par. (2), substituted “sexual orientation, gender identity or expression” for “sexual orientation”.

The 2014 amendment by D.C. Law 20-100 added (19) and made related changes.

The 2015 amendment by D.C. Law 20-212 would have redesignated the existing text as subsection (a); would have substituted “All clients served within the Continuum of Care” for “Clients served within the Continuum of Care” in (a); and would have added (b).

Applicability

Applicability of D.C. Law 20-212: Section 3 of D.C. Law 20-212 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.

D.C. Law 21-75 repealed D.C. Law 20-212.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(d) of the Interim Eligibility and Minimum Shelter Standards Emergency Amendment Act of 2015 (D.C. Act 21-217, Nov. 30, 2015, 62 DCR 15648).

For temporary (90 days) amendment of this section, see §§ 2(d) and 3 of the Interim Eligibility and Minimum Shelter Standards Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-326, Mar. 3, 2016, 63 DCR 3658).


§ 4–754.12. Additional rights for clients in temporary shelter or transitional housing.

Clients residing in temporary shelter or transitional housing shall have the right to:

(1) Receive visitors in designated areas of the shelter or housing premises during reasonable hours and under such reasonable conditions as specified in the provider’s Program Rules established pursuant to § 4-754.32;

(2) Leave and return to the shelter or housing premises within reasonable hours as specified by the Program Rules established pursuant to § 4-754.32;

(3) Reasonable prior notice specifying the date and time of any inspections of a client’s living quarters and of the provider staff member authorized to perform the inspection, except when, in the opinion of the provider’s executive or program director, there is reasonable cause to believe that the client is in possession of a substance or object that poses an imminent threat to the health and safety of the client or any other person on the provider’s premises and such reasonable cause is documented in the client’s record;

(4) Be present or have an adult member of the family present at the time of any inspection unless, in the opinion of the provider’s executive or program director, there is reasonable cause to believe that the client is in possession of a substance or object that poses an imminent threat to the health and safety of the client or any other person on the provider’s premises and such reasonable cause is documented in the client’s record;

(5) Reasonable privacy in caring for personal needs and in maintaining personal living quarters; and

(6) Conduct their own financial affairs, subject to the reasonable requirements of Program Rules established pursuant to § 4-754.32 or to a service plan pursuant to § 4-754.11(12).


(Oct. 22, 2005, D.C. Law 16-35, § 10, 52 DCR 8113; Feb. 28, 2018, D.C. Law 22-65, § 2(p), 65 DCR 331.)

Section References

This section is referenced in § 4-754.32, § 4-754.41, and § 4-754.52.


§ 4–754.12a. Additional rights for clients in permanent housing programs.

Clients residing in permanent housing provided through a permanent housing program shall have the right to:

(1) Receive visitors in their own housing unit or, if applicable, in the common area designated for such purposes, in accordance with their lease or occupancy agreement;

(2) Leave and return to their own housing unit at will, in accordance with their lease or occupancy agreement;

(3) Be free from inspections by any person acting on behalf of a provider or by a District agency administering this chapter, except:

(A) As required as a condition of program participation, but in any case, not more than once per year; or

(B) Notwithstanding subparagraph (A) of this paragraph, when, in the opinion of the provider, person acting on behalf of the provider, or District agency, there is reasonable cause to believe that the client is in possession of a substance or object that poses an imminent threat to the health and safety of the client or any other person in the client's housing unit, and such reasonable cause is documented in the client's record;

(4) Reasonable advance notice of any inspection, except in the circumstances described in paragraph (3)(B) of this section;

(5) Be present or have another adult authorized by the client be present at the time of any inspection, except in the circumstances described in paragraph (3)(B) of this section;

(6) Be free from drug and alcohol testing, except when the client consents to testing as part of the client's service plan or case management plan;

(7) Not be responsible for the provider's portion of the housing subsidy while the client is in the permanent housing program;

(8) Conduct their own financial affairs, subject to the reasonable requirements of Program Rules established pursuant to § 4-754.32 or to a service plan pursuant to § 4-754.11(a)(12); and

(9) A housing inspection conducted in accordance with the provider's program inspection requirements before moving into a housing unit, with a copy of the inspection report retained in the client's case file.


(Oct. 22, 2005, D.C. Law 16-35, § 10a; as added Feb. 28, 2018, D.C. Law 22-65, § 2(q), 65 DCR 331.)


§ 4–754.13. Client responsibilities.

(a) Clients receiving services within the Continuum of Care shall:

(1) Seek appropriate permanent housing according to the Program Rules established by a provider pursuant to § 4-754.32, except when the client is residing in severe weather and low barrier shelter;

(2) Seek employment, education, or training when appropriate, except when the client is residing in severe weather and low barrier shelter;

(3) Refrain from the following behaviors while on a provider’s premises:

(A) The use or possession of alcohol or illegal drugs;

(B) The use or possession of weapons;

(C) Assaulting or battering any individual, or threatening to do so; and

(D) Any other acts that endanger the health or safety of the client or any other individual on the premises;

(4) Ensure that children within the client’s family and physical custody are enrolled in school, where required by law;

(5) Ensure that the client’s minor children receive appropriate supervision while on the provider’s premises;

(6) Utilize child care services when necessary to enable the adult client to seek employment or housing or to attend school or training, unless the client meets any of the exemptions of § 4-205.19g, or section 5809.4(b)-(e) of Title 29 of the District of Columbia Municipal Regulations, including any subsequent revisions.

(7) Respect the safety, personal rights, and private property of provider staff members and other clients;

(8) Maintain clean sleeping and living areas, including bathroom and cooking areas;

(9) Use communal areas appropriately, with attention to cleanliness and respect for the interests of other clients;

(10) Be responsible for one’s own personal property;

(11) Establish and contribute to a savings or escrow account, or other similar savings arrangement, if required by rules established by the Mayor pursuant to § 4-753.01(f) and included in the provider’s Program Rules approved pursuant to § 4-754.32(b); and

(12) Follow all Program Rules established by a provider pursuant to § 4-754.32.

(b) Clients residing in temporary shelter and transitional housing shall participate in the provider’s assessment and case management services.


(Oct. 22, 2005, D.C. Law 16-35, § 11, 52 DCR 8113; Dec. 24, 2013, D.C. Law 20-61, § 5182(d), 60 DCR 12472; Feb. 28, 2018, D.C. Law 22-65, § 2(r), 65 DCR 331.)

Section References

This section is referenced in § 4-754.32, § 4-754.34, and § 4-754.35.

Effect of Amendments

The 2013 amendment by D.C. Law 20-61 added (a)(11); redesignated former (a)(11) as (a)(12); and made related changes.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 5182(d) of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) amendment of this section, see § 5182(d) of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

Short Title

Section 5181 of D.C. Law 20-61 provided that Subtitle Q of Title V of the act may be cited as the “Homeless Services Reform Emergency Amendment Act of 2013”.

Editor's Notes

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.


Part C. Provider Standards.

§ 4–754.21. Common standards for all providers.

Providers shall:

(1) Ensure staff members are appropriately trained, qualified, and supervised;

(2) Maintain safe, clean, and sanitary facilities that meet all applicable District health, sanitation, fire, building, and zoning codes;

(3) Assist clients to prepare for living in permanent housing, as deemed appropriate by the provider and the client;

(4) Collaborate and coordinate with other service providers to meet the client’s needs, as deemed appropriate by the provider and the client;

(5) Receive and utilize client input and feedback for the purpose of evaluating and improving the provider’s services;

(6) Establish procedures for the provider’s internal complaint procedures;

(7) Provide clients with copies of printed information describing the range of services within the Continuum of Care;

(8) In accordance with § 4-753.02(c) and as openings occur, inform all clients of services for which they may be eligible;

(9) Deliver or provide access to culturally competent services and language assistance for clients with limited English proficiency;

(10) Provide services free from discrimination on the basis of race, color, religion, national origin, language, culture, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, familial status, family responsibilities, matriculation, political affiliation, disability, and source of income, and in accordance with Unit A of Chapter 14 of Title 2, the Americans with Disabilities Act of 1990, approved July 26, 1990 (104 Stat. 328; 42 U.S.C. § 12101 et seq.), the Rehabilitation Act of 1973, approved August 7, 1998 (112 Stat. 1095; 29 U.S.C. § 701 et seq.), and Title II of the Civil Rights Act of 1964, approved July 2, 1964 (78 Stat. 243; 42 U.S.C. § 2000a et seq.);

(11) Provide reasonable modifications to policies, practices, and procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the provider demonstrates that making the modifications would fundamentally alter the nature of the services;

(12) Ensure confidential treatment of the personal, social, legal, financial, and medical records and information related to a client or any member of a client’s family, whether obtained from the client or from any other source, consistent with the confidentiality requirements of District and federal law;

(13) Establish Program Rules in accordance with § 4-754.32;

(14) Provide notice of its Program Rules in accordance with § 4-754.33;

(15) Collect, record, and annually report to the Mayor all complaints, including requests for fair hearings or administrative reviews, made against or related to the provider during the year;

(16) Establish procedures to revise practices and policies as may be necessary to ensure that clients may access services free from discrimination on the basis of disability;

(17) Publicly display information regarding the ability to seek redress under Unit A of Chapter 14 of Title 2 [§ 2-1401.01 et seq.]; and

(18) Develop a system for reporting bullying and harassment in accordance with subchapter II-C of Chapter 15 of Title 2 [§ 2-1535.01 et seq.].


(Oct. 22, 2005, D.C. Law 16-35, § 12, 52 DCR 8113; June 25, 2008, D.C. Law 17-177, § 7(c), 55 DCR 3696; May 3, 2014, D.C. Law 20-100, § 2(g), 61 DCR 1873.)

Section References

This section is referenced in § 4-754.22, § 4-754.23, § 4-754.24, § 4-754.25, § 4-754.41, and § 4-754.52.

Effect of Amendments

D.C. Law 17-177, in par. (10), substituted “sexual orientation, gender identity or expression” for “sexual orientation”.

The 2014 amendment by D.C. Law 20-100 added (17) and (18) and made related changes.


§ 4–754.21a. Training standards for all providers.

All service provider employees, including intake workers, shall be trained in trauma-informed care, civil rights and other legal compliance, conflict resolution, and cultural competence, including, with regard to the LGBTQ population, the following:

(1) Vocabulary and best practices for data collection, privacy, storage, and use;

(2) Current social science research and common risk factors for LGBTQ youth;

(3) Information about the coming out process and its impact on LGBTQ youth;

(4) Best practices for supporting LGBTQ youth in shelter, housing, and supportive services;

(5) Suicide awareness and prevention; and

(6) Legal requirements for providers for homeless youth.


(Oct. 22, 2005, D.C. Law 16-35, § 12a; as added May 3, 2014, D.C. Law 20-100, § 2(h), 61 DCR 1873; Feb. 28, 2018, D.C. Law 22-65, § 2(s), 65 DCR 331.)

Section References

This section is referenced in § 4-756.02.

Effect of Amendments

The 2014 amendment by D.C. Law 20-100 added this section.


§ 4–754.22. Additional standards for providers of severe weather shelter.

In addition to the standards in § 4-754.21, providers of severe weather shelter shall provide:

(1) When severe weather conditions continue overnight, a clean bed with clean linens, pad, and blanket for each bed;

(2) Basic needs, such as food and clothing and other supportive services, or information about where to obtain such basic needs and supportive services;

(3) 24-hour, properly functioning toilet facilities;

(4) Cool water, available via water cooler, fountain, or other means; and

(5) Properly functioning heating and cooling systems during the appropriate seasons.


(Oct. 22, 2005, D.C. Law 16-35, § 13, 52 DCR 8113.)

Section References

This section is referenced in § 4-754.23, § 4-754.24, and § 4-754.25.


§ 4–754.23. Additional standards for providers of low barrier shelter.

In addition to the requirements in §§ 4-754.21 and 4-754.22, providers of low barrier shelter shall provide:

(1) Case management services with an appropriately trained, qualified, and supervised case manager, which shall include the development of a service plan;

(2) Hot shower facilities; and

(3) Personal hygiene supplies.


(Oct. 22, 2005, D.C. Law 16-35, § 14, 52 DCR 8113.)

Section References

This section is referenced in § 4-754.24 and § 4-754.25.


§ 4–754.24. Additional standards for providers of temporary shelter, transitional housing, and permanent housing programs.

In addition to the requirements in §§ 4-754.21, 4-754.22, and 4-754.23, providers of temporary shelter, transitional housing, and permanent housing programs shall provide:

(1) Assessment by an appropriately trained, qualified, and supervised case manager in order to identify each client’s service needs;

(2) Direct provision of, or referral to, appropriate supportive services to enable the client to fulfill the goals and requirements in the client’s service plan;

(3) Mail and phone services, or procedures for handling mail and phone messages, that enable the client to receive mail and messages without identifying the client as residing in temporary shelter, transitional housing, or permanent housing program facility when all of the units are in one location;

(4) Private, secure space for the temporary storage of personal belongings;

(5) Access to laundry facilities in the immediate vicinity of the temporary shelter, transitional housing, or permanent housing program facility when all of the units are in one location;

(6) Reasonable access to phones during reasonable hours and during emergencies;

(7) The opportunity to establish a voluntary savings or escrow account; and

(8) In temporary shelters, transitional housing, and permanent housing programs for families, access to immediate indoor or outdoor areas equipped with basic facilities for exercise and play for use by minor children.


(Oct. 22, 2005, D.C. Law 16-35, § 15, 52 DCR 8113; Feb. 28, 2018, D.C. Law 22-65, § 2(t), 65 DCR 331.)

Section References

This section is referenced in § 4-754.25.


§ 4–754.25. Additional standards for providers of transitional housing.

In addition to the requirements of §§ 4-754.21, 4-754.22, 4-754.23, and 4-754.24, all providers of transitional housing shall provide:

(1) Follow-up supportive services, for a minimum of 6 months, for clients who have transferred to permanent housing from their program, unless the client is receiving such supportive services from another provider;

(2) An apartment-style or group home housing accommodation; and

(3) Access to private space and personal time.


(Oct. 22, 2005, D.C. Law 16-35, § 16, 52 DCR 8113.)


§ 4–754.25a. Additional standards for providers of shelter, transitional housing, or permanent housing programs for LGBTQ homeless youth.

Providers of shelter, transitional housing, or permanent housing programs for LGBTQ homeless youth shall implement research-based family acceptance interventions that are designed to educate families on the impact of rejection towards their LGBTQ children and negative outcomes for LGBTQ youth associated with rejection, including depression, suicidal behavior, drug use, and unprotected sex. Family acceptance interventions may include individual and family sessions, assessment tools, and resources for families that promote acceptance by parents and positive well-being and development of LGBTQ youth.


(Oct. 22, 2005, D.C. Law 16-35, § 16a; as added May 3, 2014, D.C. Law 20-100, § 2(i), 61 DCR 1873; Feb. 28, 2018, D.C. Law 22-65, § 2(u), 65 DCR 331.)

Effect of Amendments

The 2014 amendment by D.C. Law 20-100 added this section.


Part D. Provider Requirements.

§ 4–754.31. Monitoring and inspections of services.

(a) The Mayor shall monitor and evaluate the services delivered by all programs covered by § 4-754.01.

(b) The Mayor shall inspect the premises of all providers operating programs covered by § 4-754.01. Except for inspections of shelters monitored by the Office of Shelter Monitoring pursuant to § 4-754.52, inspections shall be conducted:

(1) At least once during each calendar year;

(2) Whenever the Mayor has reason to believe that a provider is not in compliance with the applicable standards established in this chapter or with other requirements or agreements; and

(3) In a reasonable manner and during the regular hours of operation of the provider.

(c) During any inspection conducted pursuant to subsection (b) of this section, the provider shall make available for examination any records or other materials related to the delivery of its services, including records relating to clients and to internal complaints, in accordance with the confidentiality requirements of § 4-754.11(7).

(d) The Mayor shall not delegate the responsibilities of this section to any agency or entity that serves as a provider of services covered by § 4-754.01.


(Oct. 22, 2005, D.C. Law 16-35, § 17, 52 DCR 8113; Mar. 14, 2007, D.C. Law 16-296, § 2(h), 54 DCR 1097.)

Section References

This section is referenced in § 4-753.02.

Effect of Amendments

D.C. Law 16-296, in subsec. (b), in the introductory paragraph, substituted “Except for inspections of shelters monitored by the Office of Shelter Monitoring pursuant to § 4-754.52, inspections shall be conducted” for “Inspections shall be conducted”.


§ 4–754.32. Provider Program Rules.

(a) Pursuant to the limitations of subsections (b) and (c) of this section, providers may establish Program Rules related to the specific goals of their programs. The Program Rules shall include:

(1) Any applicable special eligibility requirements for the purpose of limiting entry into the program to individuals or families exhibiting the specific challenges that the program is designed to address, except in severe weather shelter and low barrier shelter;

(2) Rules regarding client responsibilities, including those listed in § 4-754.13;

(3) A list of client rights, including those listed in § 4-754.11, and where appropriate, § 4-754.12;

(4) A description of the internal complaint procedures established by the provider for the purpose of providing the client with an opportunity to promptly resolve complaints;

(5) A description of the procedures by which an individual with a disability may request a reasonable modification of policies or practices that have the effect of limiting the right to access services free from discrimination on the basis of disability as established by § 4-754.11(2).

(6) A description of the procedures and notice requirements of any internal mediation program established by the provider pursuant to § 4-754.39;

(7) A description of any schedule of sanctions that a provider may apply to clients who are in violation of the Program Rules, as authorized by §§ 4-754.34 through 4-754.38;

(8) A description of a client’s right to appeal any decision or action by the provider that adversely affects the client’s receipt of services through fair hearing proceedings pursuant to § 4-754.41 and administrative review proceedings pursuant to § 4-754.42; and

(9) A description of a client’s responsibilities to establish and contribute to a savings and escrow account, or other similar savings arrangement, if required by rules established by the Mayor pursuant to § 4-753.01(f).

(b) Any Program Rules established by a provider shall be submitted to the Mayor for approval in accordance with the following requirements:

(1) Within 90 days of October 22, 2005;

(2) On a yearly basis thereafter, with any proposed changes clearly identified; and

(3) Whenever a provider seeks approval to change its eligibility criteria, the rules of its internal mediation program or complaint procedures, or its schedule of sanctions.

(c) No provider may enforce any provision within its Program Rules, other than those requirements or protections specifically enumerated by this chapter, unless:

(1) The Program Rules were in existence before October 22, 2005, and less than 180 days has passed since October 22, 2005; or

(2) The Mayor has approved the Program Rules pursuant to subsection (b) of this section.


(Oct. 22, 2005, D.C. Law 16-35, § 18, 52 DCR 8113; Dec. 24, 2013, D.C. Law 20-61, § 5182(e), 60 DCR 12472.)

Section References

This section is referenced in § 4-751.01, § 4-753.02, § 4-754.12, § 4-754.13, and § 4-754.21.

Effect of Amendments

The 2013 amendment by D.C. Law 20-61 added (a)(9) and made related changes.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 5182(e) of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) amendment of this section, see § 5182(e) of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

Short Title

Section 5181 of D.C. Law 20-61 provided that Subtitle Q of Title V of the act may be cited as the “Homeless Services Reform Emergency Amendment Act of 2013”.

Editor's Notes

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.


§ 4–754.33. Notice.

(a)(1) All providers shall give prompt and effective notice of their Program Rules by:

(A) Posting a copy of their Program Rules on the provider’s premises in a location easily accessible to clients and visitors; and

(B) Giving every new client a written copy of the provider’s Program Rules, and reading and explaining the rules to the client.

(2) The client and the provider staff member delivering the Program Rules pursuant to paragraph (1)(B) of this subsection shall both sign a statement acknowledging the client’s receipt of the Program Rules and indicating the client’s awareness, understanding, and acceptance of the Program Rules.

(b) All providers shall give to any client to whom they have denied services oral and written notice of the right to appeal the denial, including information about how to request a fair hearing pursuant to § 4-754.41 and administrative review pursuant to § 4-754.42.

(b-1) All providers shall give to any client in an interim eligibility placement prompt oral and written notice that the Mayor has denied eligibility for shelter placement and that the interim eligibility placement will end 48 hours or at the close of the next business day, whichever occurs later, following the client’s receipt of the written notice.

(c) All providers shall give written and oral notice to clients of their transfer to another provider or of their suspension, termination, or discontinuation from services at least 15 days before the effective date of the transfer or the suspension, termination, or discontinuation of services except:

(1) When the sanction results from the client’s imminent threat to the health or safety of someone on the premises of the provider in accordance with § 4-754.38; or

(2) When the sanction is a suspension of supportive services for a period shorter than 10 days.

(c-1)(1) Notwithstanding subsection (c) of this section, when a client has been absent from the temporary shelter or transitional housing provider's premises for more than 4 consecutive days, and the client has not complied with program rules regarding absences, the provider is exempt from the requirement to give oral notice.

(2) In such instances, written notice shall be mailed via certified mail, return receipt requested, or sent via electronic mail to the client, if the client has provided such contact information to the provider, with a copy provided to the Department for verification of the issuance of notice.

(3) A copy of the notice shall also be left in the client's unit or at the facility's sign-in location.

(c-2) Any written notice issued pursuant to subsection (b) or (c) of this section must be mailed or personally served on the client.

(d) Any notice issued pursuant to subsection (b), (c), or (c-1) of this section shall include:

(1) A clear statement of the sanction or denial;

(2) A clear and detailed statement of the factual basis for the sanction or denial, including the date or dates on which the basis or bases for the sanction or denial occurred;

(3) A reference to the statute, regulation, policy, or Program Rule pursuant to which the sanction or denial is being implemented;

(4) A clear and complete statement of the client’s right to appeal the sanction or denial through fair hearing proceedings pursuant to § 4-754.41 and administrative review proceedings pursuant to § 4-754.42, or the client’s right to reconsideration pursuant to rules established by the Mayor in accordance with § 4-756.02, including the appropriate deadlines for instituting the appeal or reconsideration; and

(5) A statement of the client’s right, if any, to continuation of benefits pending the outcome of any appeal, pursuant to § 4-754.11(18).

(d-1) Any written notice issued pursuant to subsection (b-1) of this section must be served upon the client and shall include:

(1) A clear statement of the denial;

(2) A clear and detailed statement of the factual basis for the denial, including the date or dates on which the basis or bases for the denial occurred;

(3) A reference to the statute, regulation, policy, or Program Rule pursuant to which the denial is being implemented;

(4) A clear and complete statement of the client’s right to appeal the denial through fair hearing proceedings pursuant to §  4-754.41 and administrative review proceedings pursuant to §  4-754.42, including the appropriate deadlines for instituting the appeal; and

(5) A statement of the client’s right, if any, to continuation of an interim eligibility placement pending the outcome of any appeal, pursuant to §  4-754.11(20).

(d-2) Notwithstanding subsection (c) of this section, providers of medical respite services shall give a client that no longer requires medical respite services oral and written notice that the placement will end at least 24 hours before terminating the placement.

(e) Providers shall establish procedures to provide effective notice of rights, rules, sanctions, and denials to clients with special needs, including those who may be mentally impaired or mentally ill, or who may have difficulty reading or have limited English proficiency.


(Oct. 22, 2005, D.C. Law 16-35, § 19, 52 DCR 8113; Dec. 24, 2013, D.C. Law 20-61, § 5182(f), 60 DCR 12472; Feb. 27, 2016, D.C. Law 21-75, § 2(e), 63 DCR 257; Feb. 28, 2018, D.C. Law 22-65, § 2(v), 65 DCR 331.)

Section References

This section is referenced in § 4-754.11, § 4-754.21, § 4-754.34, § 4-754.35, § 4-754.36a, § 4-754.38, and § 4-754.42.

Effect of Amendments

The 2013 amendment by D.C. Law 20-61 rewrote (c) and (d)(4).

The 2016 amendment by D.C. Law 21-75 added (b-1) and (d-1).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(b) of Medical Respite Services Exemption Emergency Amendment Act of 2017 (D.C. Act 22-195, Nov. 29, 2017, 64 DCR 12407).

For temporary (90 days) amendment of this section, see § 2(b) of Medical Respite Services Exemption Emergency Amendment Act of 2016 (D.C. Act 21-629, Jan. 24, 2017, 64 DCR 905).

For temporary (90 days) amendment of this section, see § 5182(f) of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) amendment of this section, see § 5182(f) of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

For temporary (90 days) amendment of this section, see § 2(e) of the Interim Eligibility and Minimum Shelter Standards Emergency Amendment Act of 2015 (D.C. Act 21-217, Nov. 30, 2015, 62 DCR 15648).

For temporary (90 days) amendment of this section, see § 2(e) of the Interim Eligibility and Minimum Shelter Standards Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-326, Mar. 3, 2016, 63 DCR 3658).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2(b) of Medical Respite Services Exemption Temporary Amendment Act of 2017 (D.C. Law 22-51, Jan. 27, 2018, 64 DCR 12549).

For temporary (225 days) amendment of this section, see § 2(b) of Medical Respite Services Exemption Temporary Amendment Act of 2017 (D.C. Law 21-245, Apr. 7, 2017, 64 DCR 1618).

Short Title

Section 5181 of D.C. Law 20-61 provided that Subtitle Q of Title V of the act may be cited as the “Homeless Services Reform Emergency Amendment Act of 2013”.

Editor's Notes

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.


§ 4–754.34. Transfer of clients.

(a) A provider may transfer a client to another provider to ensure the client receives the most appropriate services available within the Continuum of Care whenever:

(1) The client consents to the transfer;

(2) The provider identifies and secures for the client a placement with another provider that more appropriately meets the client’s medical, mental health, behavioral, or rehabilitative service needs in accordance with the client’s service plan;

(2A) The client is no longer eligible to receive services from the provider's program, as determined in accordance with § 4-753.02(b-1); or

(3) The client is a non-LGBTQ-identified youth occupying a bed established pursuant to § 4-755.01(c)(1) and an LGBTQ-identified homeless youth has presented a need for shelter.

(b)(1) In addition to the circumstances under which a client may be transferred as described in subsection (a) of this section, a provider may transfer a client when:

(A) A client fails or refuses to comply with the provider's Program Rules and the client responsibilities listed in § 4-754.13, or engages in any of the behaviors listed in § 4-754.36(a)(2); provided, that:

(i) The client has received proper notice of the Program Rules, client responsibilities, and prohibited behaviors, as required by § 4-754.33; and

(ii) The provider has made a good-faith effort to enable the client to comply with the Program Rules so that the client is able to continue receiving services without a transfer; or

(B) A provider is unable to continue operating a program due to loss of funding or loss of control of the facility for circumstances beyond the control of the Department.

(2) A transfer pursuant to paragraph (1)(B) of this subsection shall be to a program with a vacancy that best meets the client's medical, mental health, behavioral, or rehabilitative service needs in accordance with the client's service plans, the District's centralized or coordinated assessment system protocol, and the procedures in this section.

(c) Transfers of clients under this section can be made through direct arrangements with other providers within the Continuum of Care or through coordination with the central intake center established pursuant to § 4-753.02(c)(1). Such efforts shall be documented by the provider in the client’s records.


(Oct. 22, 2005, D.C. Law 16-35, § 20, 52 DCR 8113; May 3, 2014, D.C. Law 20-100, § 2(j), 61 DCR 1873; Feb. 28, 2018, D.C. Law 22-65, § 2(w), 65 DCR 331.)

Section References

This section is referenced in § 4-754.11, § 4-754.32, § 4-754.35, § 4-754.36, § 4-754.37, and § 4-755.01.

Effect of Amendments

The 2014 amendment by D.C. Law 20-100 added (a)(3) and made related changes.


§ 4–754.35. Suspension of services.

(a) If a client fails or refuses to comply with the provider’s Program Rules and the client responsibilities listed in § 4-754.13, or engages in any of the behaviors listed in § 4-754.36(2), the provider may suspend services to the client for an appropriate period of time in light of the severity of the act or acts leading to the suspension, but in no case for any period longer then 30 days. The suspension may be implemented only when:

(1) The client has received proper notice of the Program Rules, client responsibilities, and prohibited behaviors, as required by § 4-754.33; and

(2) The provider has made a good-faith effort to enable the client to comply with the Program Rules so that the client is able to continue receiving services without suspension.

(b) Prior to suspension of services, the provider shall make a reasonable effort, given the severity of the situation, to transfer the client to another provider within the Continuum of Care, in accordance with § 4-754.34.

(c) A provider may not suspend adult individuals or adult family members in a manner that results in minor children or dependent adults being left unattended in a temporary shelter, transitional housing unit, or permanent housing program unit.


(Oct. 22, 2005, D.C. Law 16-35, § 21, 52 DCR 8113; Feb. 28, 2018, D.C. Law 22-65, § 2(x), 65 DCR 331.)

Section References

This section is referenced in § 4-754.36.


§ 4–754.36. Termination.

(a) A provider may terminate its delivery of services to a client only when:

(1) The provider documents that it has considered suspending the client in accordance with § 4-754.35 or has made a reasonable effort, in light of the severity of the act or acts leading to the termination, to transfer the client in accordance with § 4-754.34;

(2) The client:

(A) Possesses a weapon on the provider’s premises;

(B) Possesses or sells illegal drugs on the provider’s premises;

(C) Assaults or batters any person on the provider’s premises;

(D) Endangers the client’s own safety or the safety of others on the provider’s premises;

(E) Intentionally or maliciously vandalizes, destroys, or steals the property of any person on the provider’s premises;

(F) Fails to accept an offer of appropriate permanent housing that better serves the client’s needs after having been offered 2 appropriate permanent housing opportunities; or

(G) Knowingly engages in repeated violations of a provider’s Program Rules; and

(3) In the case of a termination pursuant to paragraph (2)(F) or (G) of this subsection, the provider has made reasonable efforts to help the client overcome obstacles to obtaining permanent housing.

(b) For the purposes of subsection (a)(2)(F) of this section, Rapid Re-Housing shall be considered an offer of appropriate permanent housing and an offer of 2 different units through a Rapid Re-Housing program shall be considered 2 offers of appropriate permanent housing. In determining whether an offer of permanent housing is appropriate, the results of a research- or evidence-based assessment tool used as part of the decision to make such an offer shall be given great weight.


(Oct. 22, 2005, D.C. Law 16-35, § 22, 52 DCR 8113; Dec. 24, 2013, D.C. Law 20-61, § 5182(g), 60 DCR 12472; Feb. 28, 2018, D.C. Law 22-65, § 2(y), 65 DCR 331.)

Section References

This section is referenced in § 4-754.34 and § 4-754.35.

Effect of Amendments

The 2013 amendment by D.C. Law 20-61 rewrote the section.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 5182(g) of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) amendment of this section, see § 5182(g) of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

Short Title

Section 5181 of D.C. Law 20-61 provided that Subtitle Q of Title V of the act may be cited as the “Homeless Services Reform Emergency Amendment Act of 2013”.

Editor's Notes

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.


§ 4–754.36a. Discontinuation of permanent supportive housing.

(a) A provider may discontinue permanent supportive housing for a client only when the client has:

(1) Relocated to another program or facility for more than 180 days;

(2) Abandoned his or her unit for more than 60 days and good-faith efforts to locate the client have failed, or the client has been located but has indicated by words or actions that he or she does not intend to return to and reside in the unit; or

(3) The client has not requested a reasonable accommodation to continue the permanent supportive housing for disability-related reasons, or has requested a reasonable accommodation and it was denied; and

(4) No household members who have been approved as part of the household unit for purposes of the program remain in the permanent supportive housing placement.

(b) Providers of permanent supportive housing shall give oral and written notice, in accordance with § 4-754.33(d), to clients of their discontinuation from services only after the required time period in subsection (a) of this section has lapsed, except where there is credible evidence that the client who has relocated to another program or facility is expected to be absent for more than 180 days. The notice shall be given at least 30 days before the effective date of the discontinuation of services. If it is not possible to provide written notice at the time of the action because the client’s whereabouts are unknown, a written notice shall be delivered to the client’s last known address or, upon request, within 90 days of the discontinuation of services.

(c) A client whose permanent supportive housing is discontinued pursuant to this section shall have the right to be re-housed in accordance with the District's centralized or coordinated assessment system protocol; provided, that the client continues to meet the eligibility criteria for the program.


(Oct. 22, 2005, D.C. Law 16-35, § 22a; as added Dec. 24, 2013, D.C. Law 20-61, § 5182(h), 60 DCR 12472; Feb. 28, 2018, D.C. Law 22-65, § 2(z), 65 DCR 331.)

Effect of Amendments

The 2013 amendment by D.C. Law 20-61 added this section.

Emergency Legislation

For temporary (90 days) addition of this section, see § 5182(h) of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) addition of this section, see § 5182(h) of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

Short Title

Section 5181 of D.C. Law 20-61 provided that Subtitle Q of Title V of the act may be cited as the “Homeless Services Reform Emergency Amendment Act of 2013”.

Editor's Notes

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.


§ 4–754.36b. Program exits.

(a) A provider may exit a client from a housing program only when:

(1)(A) The housing program is provided on a time-limited basis, and the client's time period for receiving services has run;

(B) The Mayor determines that the client cannot be recertified to continue receiving services; and

(C) The client was assigned to the provider for substantially all of the client's time in the housing program; or

(2) Pursuant to § 4-753.02(b-1), the Mayor determines that the client is no longer eligible for the services.

(b)(1) A provider exiting a client from a program shall provide the client oral and written notice of the program exit at least 30 days before the effective date of the program exit.

(2) Written notice issued pursuant to this subsection shall conform to the requirements of notice issued pursuant to § 4-754.33(d).".

(c) Any client who requests a fair hearing within 15 days of receipt of notice of a program exit shall continue to remain in the housing program pending a final decision from the fair hearing proceedings.

(d) A program exit is not considered a termination of services pursuant to § 4-754.36.


(Oct. 22, 2005, D.C. Law 16-35, § 22b; as added Feb. 28, 2018, D.C. Law 22-65, § 2(aa), 65 DCR 331.)


§ 4–754.37. Alternative sanctions.

(a) A provider may employ lesser sanctions as alternatives to the transfer, suspension, or termination of services authorized in §§ 4-754.34 through 4-754.36.

(b) Any alternative sanction applied shall be authorized in the schedule of sanctions included in the provider’s Program Rules and may include loss of special privileges and imposition of additional responsibilities.


(Oct. 22, 2005, D.C. Law 16-35, § 23, 52 DCR 8113.)


§ 4–754.38. Emergency transfers of clients; emergency suspensions and terminations of services.

(a) Whenever a client presents an imminent threat to the health or safety of the client or any other person on a provider’s premises, the provider, in light of the severity of the act or acts leading to the imminent threat, may transfer, suspend, or terminate the client within 24 hours of the imminent threat, without providing prior written notice of the transfer, suspension, or termination as required by § 4-754.33(c).

(b) The provider shall endeavor to provide written notice, consistent with the requirements of § 4-754.33(d), to any client transferred, suspended, or terminated pursuant to subsection (a) of this section at the time that the action is taken. If it is not possible or safe to provide written notice at the time of the action, a subsequent written notice shall be provided to the client within 15 days, or, if the client’s whereabouts are unknown, upon request within 90 days of the transfer, suspension, or termination. The time period during which the client may request fair hearing proceedings to appeal the transfer, suspension, or termination pursuant to § 4-754.41 shall not begin until the client has received the subsequent written notice.

(c) No client transferred, suspended, or terminated pursuant to subsection (a) of this section shall have the right to request mediation of the action from the provider pursuant to § 4-754.39 or to continue to receive shelter or housing services provided within the Continuum of Care without change pending appeal pursuant to § 4-754.11(18).

(d) Whenever a provider transfers, suspends, or terminates a client pursuant to subsection (a) of this section, the provider shall immediately notify the Department of the action. The notification shall include the following information:

(1) The identity of the client who was transferred, suspended, or terminated;

(2) The nature, date, and time of the action taken by the provider;

(3) The provider staff member authorizing the transfer, suspension, or termination; and

(4) The act or acts leading to the transfer, suspension, or termination.

(e) Whenever the Department receives a notification pursuant to subsection (d) of this section, the Department shall issue a written finding of whether the emergency transfer, suspension, or termination order complies with the requirements of this section. The notification shall be issued within 24 hours of receipt of the notification by the Department. If the Department finds that the order was improperly issued, the Department shall reinstate the client’s access to the services received prior to the issuance of the order, pending the outcome of a hearing pursuant to §§ 4-754.41 and 4-754.42.

(f)(1) In addition to the circumstances described in subsection (a) of this section, the Department or a provider may effect an emergency transfer of a client:

(A) In the case of the loss of a unit that is beyond the control of the Department or provider, such as a fire or other unexpected catastrophic loss or damage to the unit; or

(B) When a client's continued presence at a shelter location materially impairs a provider's ability to provide services to other clients at the location.

(2) The requirements of subsections (b) through (e) of this section shall apply to any client transferred pursuant to paragraph (1)(B) of this subsection.


(Oct. 22, 2005, D.C. Law 16-35, § 24, 52 DCR 8113; Feb. 28, 2018, D.C. Law 22-65, § 2(bb), 65 DCR 331.)

Section References

This section is referenced in § 4-754.11, § 4-754.33, and § 4-754.41.


§ 4–754.39. Mediation.

(a) Providers are strongly encouraged to establish internal mediation programs to resolve disputes with clients.

(b) Any provider who chooses to establish an internal mediation program shall offer mediation services to any client of the provider, or the client’s representative, who requests them.

(c) Upon receiving an oral or written request for mediation, the provider shall provide the client or the client’s representative with reasonable written notice of:

(1) The time and place of any mediation proceedings; and

(2) The client’s right to request a fair hearing for formal review of his or her complaint pursuant to § 4-754.41 and his or her right to request administrative review pursuant to § 4-754.42.

(d) The provider shall allow the client or the client’s representative to review its records of the client prior to the mediation proceeding.

(e) The provider shall allow the client to be accompanied by a legal or other representative of the client’s choosing in any mediation proceedings.

(f) Upon conclusion of the mediation proceedings, the provider shall notify the client of his or her right to request a fair hearing pursuant to § 4-754.41, and the deadline for making such a request, if he or she is not satisfied with the outcome of the mediation.

(g) No member of the provider’s staff who was involved in the incident or incidents at issue in the mediation shall serve as a mediator during the proceedings.


(Oct. 22, 2005, D.C. Law 16-35, § 25, 52 DCR 8113.)

Section References

This section is referenced in § 4-754.32, § 4-754.38, and § 4-754.52.


Part E. Administrative Hearings and Review.

§ 4–754.41. Fair hearings.

(a) The Office of Administrative Hearings shall grant a fair hearing to any client or client representative who wishes to appeal a decision listed in subsection (b) of this section and who requests such a hearing, orally or in writing, within 90 days of receiving written notice of the adverse action; provided, that, when written notice is given pursuant to§ 4-754.33(c-1) because the client was absent from the temporary shelter or transitional housing provider's premises for more than 4 consecutive days due to inpatient psychological or psychiatric treatment or hospitalization for medical treatment, the 90-day period to request a hearing shall begin the day that the client is released from the facility at which the client was treated. A request for a fair hearing shall be made to the client’s provider, the Department, the Mayor, or the Mayor’s designee. If the request is made orally, the individual receiving the request shall promptly acknowledge the request, reduce it to writing, and file the request for a fair hearing with the Office of Administrative Hearings.

(b) A client or client representative may request a fair hearing to:

(1) Appeal an administrative review decision made pursuant to § 4-754.42;

(2) Review any decision of a provider of services to:

(A) Transfer the client to another provider;

(B) Suspend provision of services to the client for a period longer than 10 days;

(C) Terminate services to the client;

(D) Deny an application for services;

(E) Deny eligibility for shelter following an interim eligibility placement; or

(F) Exit the client from a housing program; or

(3) Obtain any legally available and practicable remedy for any alleged violation of:

(A) The provider standards listed in §§ 4-754.21 through 4-754.25 [part C of this subchapter]; or

(B) The client rights listed in §§ 4-754.11 and 4-754.12, including the denial of a request by an individual with a disability for a reasonable accommodation or modification of policies or practices.

(c) The Mayor shall treat a fair hearing request made by a client representative in the same manner as it would be treated if it were made directly by the client; provided, that the Mayor subsequently receives written documentation authorizing the client representative to act on behalf of the client in accordance with the requirements of § 4-210.05.

(d) In accordance with § 4-754.11(18), any client who requests a fair hearing within 15 days of receipt of written notice of a suspension or termination of shelter or housing services provided within the Continuum of Care shall continue to receive shelter or housing services provided within the Continuum of Care pending a final decision from the fair hearing proceedings. This right to continuation of shelter or housing services provided within the Continuum of Care pending appeal shall not apply in the case of an emergency suspension or termination pursuant to § 4-754.38.

(d-1) In accordance with § 4-754.11(20), any client in an interim eligibility placement who requests a fair hearing within 48 hours or before the close of the next business day, whichever occurs later, of receipt of written notice of a denial of eligibility for shelter placement shall continue in that interim eligibility placement pending a final decision from the fair hearing proceedings.

(e) Upon receipt of a fair hearing request, the Mayor or the Mayor’s designee shall offer the client or client representative an opportunity for an administrative review by the Department of the decision that is the subject of the fair hearing request.

(f) All fair hearings shall be conducted in the following manner:

(1) In accordance with the requirements for the review of contested cases as provided in Chapter 5 of Title 2;

(2) In accordance with Chapter 18A of Title 2 [§ 2-1831.01 et seq.];

(3) In accordance with the following additional requirements:

(A) The hearing shall be held within a reasonably short time following the request, such time not to exceed 15 days following the initial request for hearing;

(B) If a party fails to appear, the Administrative Law Judge designated to conduct the hearing may enter a default decision in favor of the party present. The default may be set aside only for good cause shown, and upon equitable terms and conditions;

(C) Except as provided in subparagraph (D) of this paragraph, the Administrative Law Judge shall issue a final decision within 15 days following the completion of the hearing; and

(D) The Administrative Law Judge shall issue a final decision in a review requested pursuant to subsection (b)(2)(E) of this section within 96 hours, not including weekends or holidays, following the completion of the hearing;

(4) For a fair hearing requested from the Office of Administrative Hearings pursuant to subsection (b)(2)(E) of this section, the following additional requirements shall apply:

(A) The fair hearing shall be held no later than 4 business days after the Office of Administrative Hearings receives an administrative review decision issued pursuant to § 4-754.42; and

(B) If a party fails to appear, the Administrative Law Judge designated to conduct the hearing may enter a default decision in favor of the party present; provided, that the default decision may be set aside only for good cause shown, and upon equitable terms and conditions; and

(5) For a fair hearing requested from the Office of Administrative Hearings pursuant to subsection (b)(2)(F) [of this section], review shall be limited to evidence pertaining to factors the provider or the Mayor was permitted to consider, by this chapter or regulations issued pursuant to this chapter, in making the decision to exit a client from the program.

(g) Materials and documents filed with the Office of Administrative Hearings during fair hearing proceedings shall be maintained in compliance with § 2-1831.13(d), the Health Insurance Portability and Accountability Act of 1996, approved August 21, 1996 (Pub. L. No. 104-191; 110 Stat. 1936), and any other District or federal law pertaining to confidentiality of records.

(h) The Mayor or the Mayor’s designee shall maintain a file of final fair hearing and administrative review decisions, indexed by issue, with identifying information redacted. The file shall be accessible to clients, their representatives, and other persons upon request to the Mayor or the Mayor’s designee.


(Oct. 22, 2005, D.C. Law 16-35, § 26, 52 DCR 8113; Apr. 8, 2011, D.C. Law 18-367, § 2(e), 58 DCR 987; Feb. 27, 2016, D.C. Law 21-75, § 2(f), 63 DCR 257; Feb. 28, 2018, D.C. Law 22-65, § 2(cc), 65 DCR 331.)

Section References

This section is referenced in § 4-754.11, § 4-754.32, § 4-754.33, § 4-754.38, § 4-754.39, and § 4-754.52.

Effect of Amendments

D.C. Law 18-367 rewrote subsec. (b)(2), which had read as follows: “(2) Review any decision of a provider of services, other than shelter or supportive housing, to: (A) Transfer the client to another provider; (B) Suspend provision for a period longer than 10 days; or (C) Terminate services to the client; or”.

The 2016 amendment by D.C. Law 21-75 added (b)(2)(E) and (d-1); rewrote (f)(3)(C); added (f)(3)(D) and (f)(4); and made related changes.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(f) of the Interim Eligibility and Minimum Shelter Standards Emergency Amendment Act of 2015 (D.C. Act 21-217, Nov. 30, 2015, 62 DCR 15648).

For temporary (90 days) amendment of this section, see § 2(f) of the Interim Eligibility and Minimum Shelter Standards Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-326, Mar. 3, 2016, 63 DCR 3658).


§ 4–754.42. Administrative review.

(a) The purpose of the administrative review shall be to enable the Department to ascertain the legal validity of the decision that is the subject of the fair hearing request, and, if possible, achieve an informal resolution of the appeal.

(b) Any administrative review conducted pursuant to subsection (a) of this section shall be completed within 15 days of the receipt of the administrative review request, except upon showing of good cause as to why such deadline cannot be met. If good cause is shown, a decision shall be rendered as soon as possible thereafter. If an extension of time for review is required for good cause, written notice of the extension shall be provided to the client or client representative prior to the commencement of the extension.

(b-1) An administrative review of a denial of an application for shelter following an interim eligibility placement, conducted pursuant to subsection (a) of this section, shall be completed and a decision rendered no later than 4 business days following receipt of the administrative review request, except upon a showing of good cause as to why such deadline cannot be met. If good cause is shown, a decision shall be rendered as soon as possible thereafter. If an extension of time for review is required for good cause, written notice of the extension shall be provided to the client or client representative prior to the commencement of the extension.

(c) An administrative review shall be completed before the Office of Administrative Hearings shall grant a fair hearing to any client or client representative; except, that the Office of Administrative Hearings may grant a hearing prior to the completion of the administrative review, if emergency relief is requested and on proper notice to all parties, to decide if a notice required by § 4-754.33(b) or (c) (other than a notice of an emergency action) has not been given or is invalid on its face.

(c-1) The administrative review of a denial of an application for shelter following an interim eligibility placement conducted in accordance with subsection (b-1) of this section shall not be waived; provided, that the Office of Administrative Hearings may grant a fair hearing prior to the completion of the administrative review, on proper notice to all parties, to decide if a notice required by § 4-754.33, other than a notice of an emergency action, has not been given or is invalid on its face.

(d) All administrative reviews shall be conducted in the following manner:

(1) In accordance with the administrative review procedures described in § 4-210.07; and

(2) In accordance with the following additional requirements:

(A) The client or client representative shall have the right to submit issues and comments in writing to the Department; and

(B) The client or the client representative shall have the right to review provider’s records regarding the client, or the records of other related service providers regarding the client, prior to the administrative review proceeding;

(C) The administrative review shall be conducted by an employee of the Department;

(D) The administrative review decision shall be issued in writing, in a manner readily understood by the client, and shall include:

(i) A clear and detailed statement of the factual basis supporting the administrative review decision;

(ii) A clear and detailed statement of the actions proposed to be implemented, including any sanctions, probationary periods, or any denial, transfer, suspension, or termination of services to be imposed;

(iii) A reference to the statute, regulation, Program Rule, or policy pursuant to which the administrative review decision is made;

(iv) Notice that the client’s request for a hearing shall be considered formally withdrawn upon submission of a signed statement confirming such withdrawal; and

(v) A statement that if the client is not satisfied with the administrative review decision, the fair hearing shall be held.

(e) Each administrative review decision shall be in writing and shall contain a detailed statement of the basis for the decision. It shall include a comprehensive evaluation of the issues and clearly delineate the legal basis, if the decision upholds denial of shelter placement.


(Oct. 22, 2005, D.C. Law 16-35, § 27, 52 DCR 8113; Apr. 8, 2011, D.C. Law 18-367, § 2(f), 58 DCR 987; Feb. 27, 2016, D.C. Law 21-75, § 2(g), 63 DCR 257; Feb. 28, 2018, D.C. Law 22-65, § 2(dd), 65 DCR 331.)

Section References

This section is referenced in § 4-754.11, § 4-754.32, § 4-754.33, § 4-754.38, § 4-754.39, § 4-754.41, and § 4-754.52.

Effect of Amendments

D.C. Law 18-367 rewrote subsec. (c), which had read as follows: “(c) An administrative review must be completed before the Office of Administrative Hearings shall grant a fair hearing to any client or client representative.”

The 2016 amendment by D.C. Law 21-75 added (b-1), (c-1), and (e).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(g) of the Interim Eligibility and Minimum Shelter Standards Emergency Amendment Act of 2015 (D.C. Act 21-217, Nov. 30, 2015, 62 DCR 15648).

For temporary (90 days) amendment of this section, see § 2(g) of the Interim Eligibility and Minimum Shelter Standards Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-326, Mar. 3, 2016, 63 DCR 3658).


Part F. Shelter Monitoring.

§ 4–754.51. Establishment of Shelter Monitoring Unit.

There is established within the Department of Human Services a Shelter Monitoring Unit to monitor shelters and services provided by the District and its contractors to clients who are homeless.


(Oct. 22, 2005, D.C. Law 16-35, § 27a; as added Mar. 14, 2007, D.C. Law 16-296, § 2(i), 54 DCR 1097; Feb. 28, 2018, D.C. Law 22-65, § 2(ee), 65 DCR 331.)

Section References

This section is referenced in § 4-751.01.


§ 4–754.52. Powers and duties of the Shelter Monitoring Unit.

(a) The Shelter Monitoring Unit ("Unit") shall monitor the conditions, services, and practices at shelters, evaluating the following, to the extent applicable:

(1) Health, safety, and cleanliness of shelters;

(2) Existence of, content of, and notice to clients of policies, practices, and program rules;

(3) Accessibility of shelters to clients with disabilities;

(4) Appropriateness of shelters for families;

(5) Compliance with client rights established by §§ 4-754.11 and 4-754.12; and

(6) Compliance with provider standards established by §§ 4-754.21 through 4-754.25.

(7) Repealed.

(8) Repealed.

(9) Repealed.

(a-1) The Unit shall perform the monitoring tasks in subsection (a) of this section, using client surveys and interviews, staff interviews, and shelter site visits.

(b) The Unit shall conduct announced and unannounced inspections in accordance with the policies and procedures described in § 4-754.56 on the premises of each shelter covered by § 4-754.01.

(c) The Unit shall receive complaints about programs, facilities, and services provided within the continuum of care and shall investigate programs not in compliance with the applicable standards established in this subchapter , in accordance with the policies and procedures described in § 4-754.56.

(d) The Unit shall establish procedures for notifying providers of deficiencies and procedures for correcting those deficiencies in a timely manner.

(e) During any inspection or investigation conducted pursuant to this section, the provider shall make available to the Unit for examination any records or other materials related to the delivery of its services, including records related to clients and to internal complaints, in accordance with the confidentiality requirements of 4-754.11(a)(7)[§ ].

(f) The Unit shall ensure confidential treatment of the personal, social, legal, financial, educational, and medical records and information related to a client or any member of a client’s family, whether obtained from the client or from any other source, consistent with confidentiality requirements of District and federal law. The Unit shall not disclose the identity of any person who brings a complaint or provides information to the Unit without the person’s consent, unless the Unit determines that disclosure is unavoidable or necessary to further the ends of an inspection or investigation.

(g) The Unit shall encourage appropriate use of mediation, fair hearing, and administrative review processes for resolving grievances, pursuant to §§ 4-754.39, 4-754.41, and 4-754.42.

(h) Every provider within the Continuum of Care shall post in prominent places at each program and shelter site the Unit's contact information, its procedures for accepting complaints, and procedures for requesting mediation, a fair hearing, or administrative review of grievances.


(Oct. 22, 2005, D.C. Law 16-35, § 27b; as added Mar. 14, 2007, D.C. Law 16-296, § 2(i), 54 DCR 1097; Feb. 28, 2018, D.C. Law 22-65, § 2(ff), 65 DCR 331.)

Section References

This section is referenced in § 4-754.31.


§ 4–754.53. Shelter monitoring reports.

(a) The Shelter Monitoring Unit ("Unit") shall issue reports summarizing the findings of each inspection or investigation it conducts.

(b) The Unit shall make available, upon request, each report issued pursuant to subsection (a) of this section to the provider, the Mayor, and the Director to End Homelessness. Upon request, the Unit shall deliver an appropriate number of copies of the final report to the shelter for distribution to clients.

(c) The Unit shall issue an annual report, which shall include a summary of the quality and compliance of the shelters it has monitored and an analysis of the trends it has identified in the course of its monitoring efforts.


(Oct. 22, 2005, D.C. Law 16-35, § 27c; as added Mar. 14, 2007, D.C. Law 16-296, § 2(i), 54 DCR 1097; Feb. 28, 2018, D.C. Law 22-65, § 2(gg), 65 DCR 331.)


§ 4–754.54. Shelter monitoring staff.

(a) Employees of the Shelter Monitoring Unit ("Unit") shall agree in writing to comply with all applicable confidentiality requirements in accordance with their official duties.

(b) The Unit shall train its employees, as appropriate, in compliance with applicable confidentiality restrictions, in homeless shelter program evaluation, and in sensitivity to the diversity of persons who are homeless in the District.

(c) The Unit shall endeavor to hire staff who reflect the diversity of people accessing shelter in the District, including with respect to disability status, language, and experience being homeless.


(Oct. 22, 2005, D.C. Law 16-35, § 27d; as added Mar. 14, 2007, D.C. Law 16-296, § 2(i), 54 DCR 1097; Feb. 28, 2018, D.C. Law 22-65, § 2(hh), 65 DCR 331.)


§ 4–754.55. Retaliation prohibited.

No person shall retaliate against a person who brings a complaint or provides information to the Shelter Monitoring Unit ("Unit") relevant to the performance of its duties. The Unit shall report any violation of this section to the Interagency Council and the Office of the Inspector General.


(Oct. 22, 2005, D.C. Law 16-35, § 27e; as added Mar. 14, 2007, D.C. Law 16-296, § 2(i), 54 DCR 1097; Feb. 28, 2018, D.C. Law 22-65, § 2(ii), 65 DCR 331.)


§ 4–754.56. Annual monitoring strategy.

The Shelter Monitoring Unit, with the approval of the Mayor, shall adopt an annual monitoring strategy, which shall include policies and procedures for inspections, procedures for identifying and curing deficiencies, and procedures for taking enforcement actions against providers in violation of the standards of this chapter. The policies and procedures may include criteria for the provision of performance-based bonuses or penalties for providers.


(Oct. 22, 2005, D.C. Law 16-35, § 27f; as added Mar. 14, 2007, D.C. Law 16-296, § 2(i), 54 DCR 1097; Feb. 28, 2018, D.C. Law 22-65, § 2(jj), 65 DCR 331.)