2213VERIFICATION OF HOUSEHOLD ELIGIBILITY; REQUIRED CERTIFICATIONS

2213.1In order to be eligible to rent or purchase an Inclusionary Unit, a Household shall provide to the Owner of the Inclusionary Unit a Declaration of Eligibility and a Certification of Income, Affordability, and Housing Size.

2213.2Except as set forth in § 2208.1(a), an Owner shall sell or rent an Inclusionary Unit only to a Household which:

1. (a) Has provided a Certification of Income, Affordability, and Housing Size, obtained from a Certifying Entity, that complies with the requirements of this section; and
2. (b) Has executed and provided a Declaration of Eligibility that complies with the requirements of this section.

2213.3A Declaration of Eligibility required by this section shall be made on a form promulgated by the Department of Housing and Community Development and shall include a notarized statement of the Household and sworn under penalty of perjury that:

1. (a) The Certification of Income, Affordability, and Household Size provided to the Owner was obtained from a Certifying Entity approved by the Department of Housing and Community Development;
2. (b) The Household provided accurate and complete information to the Certifying Entity;
3. (c) Each member of the Household will occupy the Inclusionary Unit as its principal residence;
4. (d) The Household does not have an ownership interest in any other housing or will divest such interest before closing on the purchase of, or signing the lease for, the Inclusionary Unit;
5. (e) The Household has satisfactorily completed a housing counseling class for homebuyers or renters approved by the Department of Housing and Community Development and evidence of such satisfactory completion is attached to the Declaration of Eligibility;
6. (f) The Household understands, its rights and obligations under the Inclusionary Covenant or lease riders required pursuant to § 2216.1; and
7. (g) Any other representations required by the Department of Housing and

Community Development as part of the form.

2213.4 The Inclusionary Unit Owner shall provide the Inclusionary Covenant or lease riders to the Household within ten (10) days after a request from the Household.

2213.5 A Certification of Income, Affordability, and Housing Size required by this section means a document signed by an authorized representative of a Certifying Entity approved by the Department of Housing and Community Development, certifying:

(a) The Household's Annual Income;

(b) That the Household's Annual Income qualifies it as being either a Low-Income Household or Moderate-Income Household;

(c) That the Household's Annual Income does not exceed the limit imposed by the Inclusionary Development Covenant applicable to the Inclusionary Unit;

(d) The Household's size;

(e) That the Household's size is within the size range applicable to the Inclusionary Unit under § 2206.3;

(f) For a For Sale Inclusionary Unit, that the Household will not expend more than forty-one percent (41%) of the its Annual Income on mortgage payments, insurance, taxes, and condominium and homeowner association fees for the applicable Inclusionary Unit; and

(g) For a Rental Inclusionary Unit, that the Household will not expend more than thirty-eight percent (38%) of its Annual Income on rent and utilities if not included in the rent for the applicable Inclusionary Unit.

SOURCE: Notice of Final Rulemaking published at 56 DCR 3907 (May 15, 2009); as amended by Final Rulemaking published at 56 DCR 9295, 9311 (December 11, 2009).