6113 TENANT ADMISSION AND OCCUPANCY: REDEVELOPED AND SPECIAL NEEDS PROPERTIES

6113.1 Scope. Redeveloped Properties are mixed-finance communities owned by private entities which communities are created through HOPE VI or other public funding combined with private financing, which have some or all of their units assisted by operating funds provided by DCHA. Special Needs Properties are DCHA owned-or privately owned units assisted with operating funds provided by DCHA and managed by service providers for residents with special needs.

6113.2 Overview

1. (a) Redeveloped Properties and Special Needs Properties because of the unique nature of their substantial private funding and/or private ownership or management have admissions and occupancy rules that are tailored to the particular property, type of occupancy and need to coordinate with other supportive service programs.
2. (b) This Section 6113 sets forth the regulatory framework for the property based rules and ongoing DCHA oversight or approvals governing occupancy and re-occupancy, selection criteria, screening criteria, application processing, waiting lists, lease provisions, income determinations and grievance procedures.
3. (c) DCHA pursuant to the MTW Agreement entered into with the U.S. Department of Housing and Urban Development, dated July 25, 2004, provides that DCHA may, notwithstanding certain provisions of the Housing Act of 1937 and regulations issued pursuant thereto, adopt local rules for the governance of its public housing and housing choice voucher programs. Thus, this Section 6113, in each of the areas identified hereinabove, for all properties, officially designated as Redeveloped or Special Needs Properties by the Board of Commissioners, are the applicable rules therefor.

6113.3 Selection Criteria

1. (a) The selection criteria, including all priorities and preferences for applicants for initial occupancy following construction and re-occupancy upon vacancy of units at Redeveloped or Special Needs Properties that are receiving operating subsidies from DCHA, are those incorporated in a regulatory and operating agreement by and between the owner and DCHA after consultation with representatives of the community and former and/or prospective residents. These selection criteria are hereinafter referred to herein as the "General Selection Criteria".
2. (b) While the General Selection Criteria may vary by property, selection and screening

criteria for all properties shall include the mandatory federal standards with respect to certain types of criminal activity as specified in federal statute.

(c) For UFAS-Accessible Units, besides the General Selection Criteria, occupancy of the Units shall be to a household qualified for the available bedroom size of the Unit and a verified need for the features of a UFAS-Accessible Unit in the following order of priority, with date and time of application or transfer request where there are multiple applicants within any one priority:

(1) First, to a qualified returning resident who previously resided in one of the developments being redeveloped.

(2) Second, to a qualified applicant referred by DCHA from its list of households designated in 2006 for interim assistance in accordance with the provisions of the Amended VCA.

(3) Third, to a qualified applicant referred by DCHA from its list of households designated in 2007 for interim assistance in accordance with the provisions of the Amended VCA.

(4) Fourth, to a qualified DCHA resident on DCHA's Transfer List;

(5) Fifth, to a qualified public housing applicant on DCHA's Waiting List;

(6) Sixth, to a qualified Housing Choice Voucher.

6113.4 Application Process. Each property shall develop its own process for taking applications, subject to review and approval by DCHA.

(a) Application forms for returning residents and applicants are developed by the owner for the redeveloped property and shall be subject to review and approval by DCHA.

(b) Completed applications for returning residents, transferring residents or applicants shall be accepted at the property and shall be reviewed and approved in accordance with the criteria approved in accordance with Subsection 6113.2.

(c) The occupancy and re-occupancy application and selection process shall be monitored by DCHA's Client Placement Division.

6113.5 Waiting Lists

(a) Where the number of returning residents, transferring residents or new applicants exceeds the number of available units, applicants seeking to be housed at the

property shall be placed on a waiting list.

(1) Waiting lists shall be maintained by the manager of the property based on the date and time of application and in accordance with the selection criteria developed for the property and approved by DCHA in accordance with Subsection 6113.2; or

(2) At certain properties, a basic eligibility determination for public housing shall be made by DCHA's Client Placement Division and eligible tenants shall be referred to the property where the property's selection criteria shall be applied.

(b) A list of all properties, along with the status of each site based waiting list as either open or closed, shall be available from the DCHA's Client Placement Division. When a property makes a determination to open its waiting list, notice shall be provided to the DCHA resident advisory board and published in the District of Columbia Register.

6113.6 Lease Terms

(a) Leases for Redeveloped Properties or Special Needs Properties may be developed by the owner or manager, subject to the approval of DCHA for compliance with applicable local and federal provisions as well as DCHA's regulations, including the requirements regarding Special Supplements to Lease governed by the provisions of Section 6112.4 of this Title 14.

(b) Provisions relating to rent, rent collection, security deposits, excess utility charges, and such other provisions as DCHA may approve, may vary from the DCHA standard form of lease.

6113.7 Income Determinations. Certification and recertification of income shall be performed by the manager of the property and monitored periodically by DCHA for compliance with applicable DCHA and federal regulations. At certain Special Needs Properties designated by DCHA, income for certification and recertification purposes may be disregarded for up to two years of occupancy.

SOURCE: Notice of Final Rulemaking published at 33 DCR 7973, 8001 (December 26, 1986); 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 50 DCR 5739 (July 18, 2003); as amended by Notice of Final Rulemaking published at 51 DCR 9184 (September 24, 2004); as amended by Notice of Final Rulemaking published at 51 DCR 11326 (December 10, 2004); as amended by Notice of Final Rulemaking published at 53 DCR 9290 (November 17, 2006).