D.C. Code § 6-228 – Tenant-based assistance.

(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. (1) Eligible households shall be extremely low-income; and
2. (2)
  1. (A)
    1. (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.
    2. (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.
  2. (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.
  3. (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. (1) Returning citizens within the meaning of § 24-1301(5);
2. (2) LGBTQ individuals within the meaning of § 2-1381(2); or
3. (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. (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. (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.

History

May 9, 2000, D.C. Law 13-105, § 26c

as added Mar. 2, 2007, D.C. Law 16-192, § 2142(b), 53 DCR 6899

Oct. 22, 2015, D.C. Law 21-36, § 2042, 62 DCR 10905

Oct. 8, 2016, D.C. Law 21-160, § 5142

Oct. 30, 2018, D.C. Law 22-168, § 2092(b)

Nov. 13, 2021, D.C. Law 24-45

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2042 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

For temporary (90 day) amendment of section, see § 2 of Veterans Rental Assistance Congressional Review Emergency Act of 2008 (D.C. Act 17-438, July 16, 2008, 55 DCR 8286).

For temporary (90 day) amendment of section, see § 2 of Displaced Veterans Rental Assistance Emergency Amendment Act of 2008 (D.C. Act 17-351, April 17, 2008, 55 DCR 5366).

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) 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 Emergency Act of 2006 (D.C. Act 16-477, August 8, 2006, 53 DCR 7068).

For temporary (90 days) amendment of this section, see § 2092(b) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary (90 days) amendment of this section, see § 2092(b) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 2(c) of Local Rent Supplement Program Eligibility Emergency Amendment Act of 2022 (D.C. Act 24-522, July 27, 2022, 0 DCR 0).

For temporary (90 days) amendment of this section, see § 2(c) of Local Rent Supplement Program Eligibility Congressional Review Emergency Amendment Act of 2022 (D.C. Act 24-635, Nov. 3, 2022, 0 DCR 0).

For temporary (90 days) amendment of this section, see § 2(c) of Local Rent Supplement Program Eligibility Emergency Amendment Act of 2023 (D.C. Act 25-168, July 10, 2023, 70 DCR 9743).

For temporary (90 days) amendment of this section, see § 2(c) of Local Rent Supplement Program Eligibility Emergency Amendment Act of 2024 (D.C. Act 25-471, May 7, 2024, 71 DCR 6119).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2 of Veterans Rental Assistance Temporary Amendment Act of 2008 (D.C. Law 17-189, July 18, 2008, law notification 55 DCR 9767).

For temporary (225 days) amendment of this section, see § 2(c) of Local Rent Supplement Program Eligibility Temporary Amendment Act of 2022 (D.C. Law 24-199, Dec. 13, 2022, 69 DCR 12679).

For temporary (225 days) amendment of this section, see § 2(c) of Local Rent Supplement Program Eligibility Temporary Amendment Act of 2023 (D.C. Law 25-57, Sept. 16, 2023, 70 DCR 10706).

For temporary (225 days) amendment of this section, see § 2(c) of Local Rent Supplement Program Eligibility Temporary Amendment Act of 2024 (D.C. Law 25-197, July 19, 2024, 71 DCR 6767).

Effect of Amendments

The 2015 amendment by D.C. Law 21-36 substituted “selected from the households referred to the Authority pursuant to subsection (c) of this section or” for “selected from” in (b); and added (c), (d), and (e).

Section References

This section is referenced in § 4-753.05, § 6-226, § 6-227, and § 6-229.

Editor's Notes

For a requirment that, in Fiscal Year 2025, on an emergency basis, the District of Columbia Housing Authority allocate 126 tenant-based rent supplement program vouchers issued pursuant to this section, see section 2172 of D.C. Law 25-506.

For a requirment that, in Fiscal Year 2025, the District of Columbia Housing Authority allocate 126 tenant-based rent supplement program vouchers issued pursuant to this section, see section 2172 of D.C. Law 25-217.