6099 DEFINITIONS

6099.1 When used in this chapter, the following terms and phrases shall have the meaning ascribed:

Adjusted Income - is annual income less the following amounts:

1. (a) Four hundred eighty dollars (\$480) for each dependent;
2. (b) Four hundred dollars (\$400) for any elderly family;
3. (c) For any family that is not an elderly family but has a handicapped member other than the head of household or spouse, handicapped assistance expenses in excess of three percent (3%) of annual income, but this allowance shall not exceed the employment income received by family members who are eighteen (18) years of age or older as a result of the assistance to the handicapped or disabled person;
4. (d) For any elderly family, one of the following:
5. (1) That has no handicapped assistance expenses, an allowance for medical expenses equal to the amount by which the medical expenses exceed three percent (3%) of annual income;
6. (2) That has handicapped assistance expenses greater than or equal to three percent (3%) of annual income, an allowance for handicapped assistance expenses computed in accordance with paragraph (c) of this definition, plus an allowance for medical expenses that is equal to the family's medical expenses; or
7. (3) That has handicapped assistance expenses that are less than three percent (3%) of annual income, an allowance for combined handicapped assistance expenses and medical expenses that is equal to the amount by which the sum of these expenses exceeds three percent (3%) of annual income; and
8. (e) Child care expenses.

Administrator - the Administrator of the component [or successor office/officer] of DCHA responsible for operation of low rent housing in the District of Columbia.

Annual Contributions Contract - a funding assistance contract with HUD to finance low rent housing expenses.

Annual Income - the anticipated total income from all sources received by the head of household and spouse (even if temporarily absent) and by each additional member of the family, including all net income derived from assets, for the twelve (12) month period following the effective date of initial determination or reexamination of income, exclusive of income that is temporary, nonrecurring of sporadic, and exclusive of certain other types of income specified in paragraphs (b) and (c) of this definition.

(a) Annual Income includes, but is not limited to, the following:

(1) The full amount, before any payroll deduction, of wages and salaries, overtime pay, commissions, fees, tips, and bonuses, and other compensation for personal services;

(2) The net income from operation of a business or profession. Expenditures for business expansion or amortization of capital indebtedness shall not be used as deductions in determining net income. An allowance for depreciation of assets used in a business or profession may be deducted, based on straight line depreciation, as provided in Internal Revenue Service regulations. Any withdrawal of cash or assets from the operation of a business or profession will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested in the operation by the family;

(3) Interest, dividends, and other net income of any kind from real or personal property. Expenditures for amortization of capital indebtedness shall be used as deduction in determining net income. All allowance for depreciation is permitted only as authorized in paragraph (a)(2) of this definition. Any withdrawal of cash or assets from an investment will be included in income property. Where the family has net family assets in excess of five thousand dollars ($5,000), annual income shall include the greater of the actual income derived from all net family assets or a percentage of the value of such assets bases, on the current passbook savings rate, as determined by HUD;

(4) The full amount of periodic payments received from social security, annuities, insurance policies, retirement funds, pensions, disability or death benefits and other similar types

of periodic receipts, including a lump-sum payment for the delayed start of a periodic payment;

(5) Payments in lieu of earnings such as unemployment and disability compensation, worker's compensation and severance pay;

(6) Welfare Assistance. If the welfare assistance payment includes an amount specifically designated for shelter and utilities that is subject to adjustment by the welfare assistance agency in accordance with the actual cost of shelter and utilities, the amount of welfare assistance income to be included as income shall consist of the following:

(i) The amount of the allowance or grant exclusive of the amount specifically designated for shelter or utilities; plus

(ii) The maximum amount that the welfare assistance agency could in fact allow the family for shelter and utilities. If the family's welfare assistance is ratably reduced from the standard of need by applying a percentage, the amount calculated shall be the amount resulting from one application of the percentage;

(7) Periodic and determinable allowances, such as alimony and child support payments, and regular contributions or gifts received from persons not residing in the dwelling;

(8) All regular pay, special pay and allowances of a member of the Armed Forces (whether or not living in the dwelling) who is head of the family, spouse, or other person whose dependents are residing in the unit; and

(9) Any earned income tax credit to the extent it exceeds income tax liability.

(b) Annual Income does not include such temporary, nonrecurring or sporadic income as the following:

(1) Casual, sporadic or irregular gifts;

(2) Amount that are specifically for or in reimbursement of the

cost of medical expenses;

(3) Lump-sum additions to family assets, such as inheritances, insurance payments (including payments under health and accident insurance and worker's compensation), capital gains and settlement for personal or property losses;

(4) Amounts of educational scholarships paid directly to the student or to the educational institution, and amounts paid by the government to a veteran, for use in meeting the costs of tuition, fees, books and equipment. Any amounts of such scholarships, or payments to veterans not used for the above purposes that are available for substances are to be included in income; and

(5) The hazardous duty pay to a family member in the Armed Forces away from home and exposed to hostile fire.

(c) Other types of income not included in Annual Income are as follows:

(1) Income from employment of children (including foster children) under the age of eighteen (18) years;

(2) Payments received for the care of foster children;

(3) Amounts specifically excluded by any other Federal statute from consideration as income for purposes of determining eligibility or benefits under a category of assistance programs that include assistance under the 1937 Act. The following types of income are subject to such exclusion:

(i) Relocation payments made under title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. §§ 4621-4638);

(ii) The value of the allotment provided to an eligible household for coupons under the Food Stamp Act of 1977 (7 U.S.C. §§ 2011-2029);

(iii) Payments to volunteers under the Domestic Volunteer Service Act of 1973 (42 U.S.C. §§ 5044(f), 5058);

1. (iv) Payments received under the Alaska Native Claims Settlement Act (43 U.S.C. § 1626(a));
2. (v) Income derived from certain submarginal land of the United States that is held in trust for certain Indian Tribes (25 U.S.C. § 459e);
3. (vi) Payments or allowances made under the Department of Health and Human Services' Low-Income Home Energy Assistance Program (42 U.S.C. §§ 8621- 8629);
4. (vii) Payments received from the Job Training Partnership Act (29 U.S.C. 1552(b));
5. (vii) Income derived from disposition of funds of the Grant River Band of Ottawa Indians (Pub. L. No. 94-540, 90 Stat. 2503-2504); and
6. (ix) The first two thousand dollars (\$2,000) of per capital shares received from judgment funds awarded by the Indian Claims Commission or the Court of Claims (25 U.S.C. §§ 1407-1408) or from funds held in trust for an Indian Tribe by the Secretary of Interior (25 U.S.C. § 117).(d) If it is not feasible to anticipate a level of income over a twelve (12) month period, the income anticipated for a shorter period may be annualized, subject to a redetermination at the end of the shorter period.

Applicant/Applicant Family - a person or a family that has applied for housing assistance as a familial unit.

Child Care Expenses - amounts anticipated to be paid by the family for the care of children under thirteen (13) years of age during a twelve (12) month period, but only where such care is necessary to enable a family member to be gainfully employed or to further his or her education. The amount deducted shall reflect reasonable charges for child care and, in the case of child care necessary to permit employment, the amount deducted shall not exceed the amount of income received from such employment.

Comprehensive Modernization - a program funded by HUD or the District of Columbia for substantial rehabilitation of an entire low rent housing development or property.

Days - calendar days, unless otherwise specified (where a specified number of days ends on

a weekend or a holiday, the prescribed period shall end on the next working day following the weekend or holiday).

DCHA - the District of Columbia Housing Authority.

Dependent - a member of the family household (excluding foster children) other than the family head of household or spouse who is under eighteen (18) years of age or is a disabled person or handicapped person, or is a full time student.

Development - A DCHA property, including but not limited to buildings, the common areas of the buildings and grounds associated with all the buildings on either a mixed population, senior or general population public housing property owned by DCHA.

Disability Assistance Expenses - reasonable expenses that are anticipated, during the period for which annual income is computed, for attendant care and auxiliary apparatus for a disabled family member and that are necessary to enable a family member (including the handicapped or disabled member) to be employed; Provided, that the expenses are neither paid to a member of the family nor reimbursed by an outside source.

Disabled Person - a person who is under a disability as defined in § 233 of the Social Security Act (42 U.S.C. § 423) or in § 102 of the Developmental Disabilities Services Facilities Construction Amendments of 1970, (42 U.S.C. § 6001 et seq.). Section 233 of the Social Security Act defines disability as follows:

(a) Inability to engage in any substantial, gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than twelve (12) months; or

(b) In the case of an individual who has attained the age of fifty-five (55) and is blind (within the meaning of “blindness” as defined in § 416(i)(l) of this title), inability by reason of such blindness to engage in substantial gainful activity requiring skills or abilities comparable to those of any gainful activity in which he or she has previously engaged with some regularity and over a substantial period of time.

Displaced Person - a person(s) displaced by governmental action, or a person whose dwelling has been extensively damaged or destroyed as a result of disaster declared or otherwise formally recognized pursuant to Federal disaster relief laws.

Dwelling Lease - a written agreement between a tenant and DCHA for the use and occupancy of a specific dwelling unit.

Elderly Family - a family whose head or spouse, or whose sole member, is at least sixty-

two (62) years of age, or a disabled person or a handicapped person, and may include two (2) or more elderly, disabled or handicapped persons living together, or one (1) or more elderly, disabled or handicapped persons living together, or one (1) or more persons living with another person who is determined to be essential to his or her care or well being.

Emergency Category - applicants in this category are those who are:

(a) Involuntarily displaced and not living in standard, permanent replacement housing (including applicants that are homeless (no fixed address), living in transitional housing, or living in a licensed shelter for the homeless); or the applicant will be involuntarily displaced within no more than six (6) months from the date of any preference status certification by the family or verification of the family's status. (An applicant may not qualify for this preference if he or she:

(1) refused to comply with applicable policies for locally or federally assisted housing program(s), including notice of a mandatory transfer issued by DCHA or failure to comply with procedures with respect to the occupancy of under occupied or overcrowded public housing units; or

(2) failed to accept a transfer to another housing unit in accordance with a court decree or HUD-approved desegregation plan; or

(3) was displaced as a result of a DCHA initiated eviction; or

(4) voluntarily left public housing in an effort to avoid the public or assisted housing waiting lists by claiming he or she is now in an emergency category status);

(b) Living in substandard housing as determined by a certified inspector pursuant to the building or housing codes of the District of Columbia (or other applicable jurisdiction), at the time of preference verification;

(c) Paying more than fifty percent (50%) of income for rent for at least ninety (90) days at the time of the preference verification. (Application family may not qualify for this preference if it is paying more than fifty percent (50%) of income for rent because the applicant's housing assistance was terminated as a result of the applicant family's failure to comply with local or federal housing program policies and procedures of if the applicant is paying more than fifty percent (50%) as a result of a DCHA initiated eviction);

(d) Involuntarily displaced as a victim of recent or continuing domestic violence, i.e., actual or threatened physical violence directed against one or more member of the applicant family by a spouse or other member of the applicant's household;

(e) Involuntarily displaced by recent or continuing hate crimes, i.e., actual or threatened physical violence or intimidation that is directed against a person or his or her property and that is based on the person's race, color, religion, sex, national origin, disability, sexual orientation, or familial status;

(f) Involuntarily displaced as a result of inaccessibility of a housing unit or a member of applicant family has mobility or other impairment that makes the member unable to use critical elements of the unit; or

(g) One hundred forty-one (141) families involuntarily displaced as a result of the reduction of the Government of the District of Columbia's Tenant Assistance Program for fiscal year 1999.

Family - the following person or persons:

(a) Two (2) or more persons who are either related by blood, marriage or operation of law, or give evidence of a stable relationship which has existed over a period of time;

(b) An elderly family as defined in this chapter (including disabled or handicapped persons);

(c) A single person who is a displaced person as defined in this chapter.

(d) The remaining member(s) of a DCHA tenant family; or

(e) A single person who is not an elderly family or a displaced person as defined in this chapter, where approved by HUD pursuant to 24 CFR, Part 912.3.

The term "Family" does not include a non-immigrant student alien (and related family members) as defined by HUD pursuant to subsection 101(a)(15)(F)(i) of the Immigration and Nationality Act (8 U.S.C § 1101(a)(15)(i)).

Full Time Student - a person who is carrying a subject load that is considered full time for day students under the standards and practices of the educational institution attended. An educational institution includes a vocational school with a diploma or certificate program, as well as an institution offering a college degree.

General Population Property - any public housing property that is not a mixed population property. (45 DCR 4915)

Handicapped Assistance Expenses - reasonable expenses that are anticipated, during the period for which annual income is computed, for attendant care and auxiliary apparatus for a handicapped or disabled family member and that are necessary to enable a family member (including the handicapped or disabled member) to be employed, provided that the expenses are neither paid to a member of the family nor reimbursed by an outside source.

Handicapped Person - a person having a physical or mental impairment as follows:

1. (a) Is expected to be of long, continued and indefinite duration;
2. (b) Substantially impedes his or her ability to live independently; and
3. (c) Is of such a nature that such ability could be improved by more suitable housing conditions.

Head of Household - the family member who is held responsible and accountable for the family (and whose name is identified as responsible on the dwelling lease).

HBRA - the Housing and Business Resources Administration of the DCHA.

DCHA - the Housing Management Administration of the DCHA, which is responsible for the operations of low rent housing in the District of Columbia.

HUD - the U.S. Department of Housing and Urban Development.

Leased Premises - Leased Premises includes the Lessee's dwelling unit as specified in the lease and any other buildings or areas that are provided for the exclusive use of the Lessee. The Leased Premises are located in a federally assisted public housing development owned or assisted by the Authority.

Lessee - The "Lessee" is the individual(s) that sign(s) the Lease with the Authority. Each Lessee is individually, jointly and severally responsible for performance of all obligations under the lease including, but not limited to, the payment of rent and other charges, as defined herein. No individual, other than the signatory to the lease, is deemed to be a Lessee or have any rights of a Lessee.

Low Rent Housing - housing owned by the DCHA and operated by DCHA under the United States Housing Act of 1937.

Lower Income Family - a family whose annual income does not exceed eighty percent

(80%) of the median income for the area, as determined by HUD, with adjustments for smaller and larger families.

Medical Expenses - those medical expenses, including medical insurance premiums, that are anticipated during the twelve (12) month period for which annual income is computed, and that are not covered by insurance.

Mixed Population Property - a public housing property, or portion of a property, that was reserved for elderly families and disabled families at its inception and has retained that character. If the property was not so reserved at its inception, HUD has approved DCHA’s request to give preference in resident selection for all units in the property or portion of the property to elderly or disabled families. These properties were formerly known as elderly projects.

Near Elderly Family - a family whose head, spouse, or sole member is at least 50 years of age but below the age of 62. A near-elderly family may include other family members who are not near-elderly.

Net Family Assets - the value of equity in real property, savings, stocks, bonds and other forms of capital investments, excluding equity accounts in HUD homeownership programs. The value of necessary items of personal property such as furniture and automobiles shall be excluded. (In cases where a trust fund has been established and the trust is not revocable by, or under the control of, any member of the family or household, the value of the trust fund will not be considered an asset so long as the fund continues to be held in trust. Any income distributed from the trust fund shall be counted as part of annual income.) In determining net family assets, DCHA shall include the value of any assets disposed of by an applicant or tenant for less than fair market value (including a disposition in trust, but not in a foreclosure or bankruptcy sale) during the two (2) years preceding the date of application for admission or reexamination, as applicable, in excess of the consideration received therefor. In the case a disposition as part of a separation or divorce settlement, the disposition shall not be considered to be for less than fair market value if the applicant or tenant receives important consideration not measurable in dollar terms.

Newly Developed Housing - low rent housing which has been developed or purchased by DCHA with HUD assistance and is becoming available for initial occupancy. (39 DCR 2291)

Notice to Correct or Vacate - a written notice of termination of the lease advising the tenant that if he or she does not correct violations of his or her lease as stated in the notice, his or her tenancy will terminate on the effective date indicated in the notice and he or she will be required to vacate the premises. This notice shall serve as the notice required for eviction by District law and by 24 CFR 966.4.

Notice to Vacate - a written notice of termination of the lease, as of the effective date of the notice, for reasons set forth in the notice, and specifying a period of time by which the tenant

shall vacate the premises to prevent initiation of appropriate legal action to recover the premises.

Public Housing Advisory Board (Resident Advisory Board) - District of Columbia Public Housing Advisory Board, established by Mayor’s Order 86-1.

Priority Applicant - an applicant for admission to low rent housing who meets the criteria of § 6102.2 of this title.

Public Housing - see Low Rent Housing.

Reasonable Accommodation Unit - A dwelling unit modified to include certain accessibility features in accordance with the requirements of that certain Amended Voluntary Compliance Agreement by and between the DCHA and the U.S. Department of Housing and Urban Development, dated May 1, 2006.

Tenant - a lessee under the dwelling lease.

Tenant Rent - the amount payable monthly by a tenant as rent to DCHA under a dwelling lease. Where all utilities and other essential housing services are supplied the tenant by DCHA, tenant rent shall be the same as total tenant payment. Where some or all utilities and other essential housing services are not supplied to the tenant by DCHA, and the cost thereof is billed directly to the tenant, tenant rent shall be the amount of the total tenant payment less applicable utility allowances.

Total Tenant Payment - the monthly amount by a tenant based on the income calculations in § 6100.1 of this title, before any deduction of applicable utility allowances. Total tenant payment does not include charges for excess utility consumption or other miscellaneous charges which may be assessed against the tenant from time to time.

UFAS Accessible Unit - A dwelling unit that is constructed in accordance with the Uniform Federal Accessibility Standards.

Uniform Federal Accessibility Standards (UFAS) - Construction standards with minimum requirements for accessibility for dwelling units constructed or substantially altered with the assistance of federal funds as detailed at 24 CFR Part 8 and the addendums thereto.

Utilities - electricity, gas, other heating, refrigeration and cooking fuels, trash collection and water and sewage service. Telephone service is not considered a utility.

Very Low Income Family - a lower income family whose total family income does not exceed fifty percent (50%) of the median income for the area, as determined by HUD, with adjustments for smaller and larger families.

Working Family - a family whose head, spouse, or sole member is employed (at least twenty (20) hours per week), self-employed, attending school full time, attending a certified General Equivalency Diploma program, or participating in a verifiable job training program at the time of preference verification.

SOURCE: Notice of Final Rulemaking published at 33 DCR 7973, 7975-7983 (December 26, 1986); as amended by: Notice of Final Rulemaking published at 39 DCR 2291 (April 3, 1992); Notice of Final Rulemaking published at 45 DCR 4915, 4916 (July 24, 1998); and Notice of Final Rulemaking published at 46 DCR 603 (January 22, 1999), incorporating by reference the text of Notice of Proposed Rulemaking published at 45 DCR 7913, 7914 (November 6, 1998); as amended by Notice of Final Rulemaking published at 53 DCR 9290 (November 17, 2006); as amended by Notice of Final Rulemaking published at 54 DCR 12303 (December 23, 2007).