6200 RENT CALCULATIONS

6200.1 Notwithstanding provisions which may appear elsewhere in this subtitle, each tenant shall pay, as tenant rent, one of the following:

1. (a) Income-based rent as the greater of one twelfth (1/12) of thirty percent (30%) of adjusted income or one twelfth (1/12) of ten percent (10%) of annual income. The value of any assets or imputed income from assets will not be used in the calculation of income based rent. Actual net income from assets greater than the threshold described above will be included in the determination of adjusted income;
2. (b) Market-based rent, if less than income-based rent, as determined by DCHA;
3. (c) If the family is determined by DCHA to have no adjusted income, the family will pay minimum rent as provided in §6210; or
4. (d) If the family is receiving welfare assistance from a public agency and a portion of the assistance is specifically designated to meet the family's housing costs, then tenant rent is equal to the portion of the assistance which is so designated. However, the designated portion of the assistance must be adjusted in accordance with the family's actual housing costs and be specifically designated for housing costs by the public agency.

6200.2 Any changes in tenant rent shall be stated in a special supplement to the lease, which shall, upon issuance, become a part of the dwelling lease. The family shall be provided a copy of the special supplement to the lease.

6200.3 The market-based rent is an estimate by DCHA of the market rent charged for comparable units in the private, unassisted market; and shall be determined by the market-based rent by considering factors including, but not limited to:

1. (a) the location, quality, size, unit type, and age of the unit, and
2. (b) any amenities, housing services, maintenance, and utilities provided by DCHA.

6200.4 The market-based rent shall be equal to the estimated rent for which DCHA could lease the unit after preparation for occupancy. The market-based rent shall not be based on actual monthly costs to DCHA attributable to providing and operating the unit.

6200.5 DCHA shall create a schedule of market-based rents for each property by bedroom type.

6200.6 The schedule of market-based rents for all properties will be reviewed and revised at least every three (3) years.

6200.7 DCHA may adjust the market-based rents for any particular property or unit if DCHA determines that the scheduled market-based rent is in excess of the amount necessary in order to lease a dwelling unit.6200.8 A copy of the market-based rent schedule for a property shall be available at each property management office or can be requested from the Client Placement Division, 1133 North Capitol Street, N.E. Suite 178, Washington, D.C. 20002-7599.6200.9 At initial lease-up and with each recertification or interim recertification, DCHA shall calculate the family's income-based rent. If the market-based rent, as listed in the current market-based rent schedule for the property, is less than the family's income-based rent, the family shall be changed to market-based rent.6200.10 If a tenant is paying a market-based rent, the tenant shall:- (a) submit an interim recertification in accordance with § 6117 for any change in family circumstances except increases in family income. Change in family circumstances may include, but shall not be limited to, loss or reduction, in income, employment, or other assistance; or increase in expenses for medical costs, child care, transportation, or education.

- (b) provide DCHA with a completed application for continued occupancy, in accordance with § 6116 once every three (3) years or upon request by DCHA.6200.11 All changes in tenant rent, both income-based and market-based and whether after an interim or regular recertification, shall be implemented in accordance with § 6116.10.6200.12 In properties where utilities and other essential services are supplied to the tenant by DCHA, tenant rent payable to DCHA under the dwelling lease shall be the same as total tenant payment.6200.13 In properties where tenants are responsible for paying for their own utility bills, the utility allowance shall be subtracted from the total tenant payment to determine that tenant rent payable to DCHA. If the tenant rent resulting from the subtraction of the utility allowance from the total payment is negative, DCHA shall send a monthly check in the amount of the difference to the tenant.6200.14 Tenant shall be given a thirty (30) day written notice of an increase in contract rent.6200.15 Tenant rent shall be computed after both annual income and adjusted income have been verified.6200.16 Any changes in tenant rent shall be stated in a special supplement to the lease, which shall

upon issuance, become a part of the dwelling lease. The tenant shall be provided a copy of the special supplement.

6200.17 The tenant shall receive retroactive credit to credit an administrative error.

6200.18 Tenants occupying property for a portion of a month at the time of move-in shall be charged a pro-rata share of the full monthly rate determined by DCHA.

SOURCE: Notice of Final Rulemaking published at 33 DCR 7973, 8002-8003 (December 26, 1986); as amended by Final Rulemaking published at 51 DCR 7551 (July 30, 2004); as amended by Final Rulemaking published at 51 DCR 11336 (December 10, 2004); as amended by Final Rulemaking published at 56 DCR 2720(April 10, 2009).