Code of the District of Columbia

§ 6–228. Tenant-based assistance.

*NOTE: This section has been amended by emergency legislation with identical permanent legislation that will become effective in December, 2021.*

*NOTE: This section has been amended by emergency legislation with identical permanent legislation that will become effective in December, 2021.*

(a) The funds allocated for tenant-based assistance shall be administered through the Authority’s Housing Choice Voucher Program. Except as provided in this section, tenant-based assistance provided through the Rent Supplement Program shall be subject to the Authority’s existing rules, regulations, policies, and procedures for the Housing Choice Voucher Program; provided, that the Authority shall waive or modify such rules, regulations, policies, and procedures so as not to exclude households on the basis of immigration status, prior criminal convictions, or pending criminal matters. Existing rules, regulations, policies, and procedures affecting the Rent Supplement Program shall be submitted for Council review as required by § 6-226.

(b) Eligible households shall be selected from the individuals and families referred to the Authority pursuant to subsection (c) of this section or the Authority’s Housing Choice Voucher Program waiting list according to rules established by the Authority for selection and admission, with the following additional limitations:

(1) Eligible households shall be extremely low-income; and

(2)(A)(i) The Authority shall develop rules that give preference in awarding a percentage of the vouchers funded under this program to District residents who are homeless applicants with one or more children under 18 years of age.

(ii) The percentage to be applied in sub-subparagraph (i) of this subparagraph shall be determined by the Authority and shall be included in the rules adopted for the program.

(B) Notwithstanding subparagraph (A) of this paragraph, in Fiscal Year 2022, preference in awarding all vouchers funded under this program shall be given to District residents who are homeless applicants with one or more children under 18 years of age.

(C) Families who participate in time-limited housing programs shall be considered homeless for purposes of this paragraph.

(c) Individuals and families may be referred for eligibility determination to the Authority by the Department of Human Services or by another District agency designated by the Mayor.

(d) Families and individuals housed in the Rapid Rehousing Program administered by the Department of Human Services or by another District agency designated by the Mayor may be referred to the Authority for the Local Rent Supplement Program for eligibility determination.

(e) Households that no longer require supportive services under the Permanent Supportive Housing Program but still require long term housing assistance may be referred by the Department of Human Services, or another District agency designated by the Mayor, to the Authority for the Local Rent Supplement Program for eligibility determination.

(f) Agencies within the District government may refer individuals 62 years of age and older to the Authority for eligibility determination for the Local Rent Supplement Program if the individuals are:

(1) Returning citizens within the meaning of § 24-1301(5);

(2) LGBTQ individuals within the meaning of § 2-1381(2); or

(3) Persons with a disability as defined in section 3(1)(A) of the Americans with Disabilities Act of 1990, approved July 26, 1990 (104 Stat. 329; 42 U.S.C. § 12102(1)(A)).

(f-1) Agencies within the District government may refer individuals and families who have been victims of gun violence or are at risk of gun violence to the Authority for eligibility determination for the Local Rent Supplement Program.

(g)(1) In addition to the uses authorized by subsection (a) of this section, funds allocated for tenant-based assistance may be used to assist an eligible household in paying a security deposit and application fee for a housing unit the eligible household is leasing or intending to lease under the Authority's Housing Choice Voucher Program.

(2) For the purposes of this subsection, the term "eligible household" means a household determined by the Authority to be eligible for tenant-based voucher assistance.