8304.1 Written Request Required. Owners may request a rent increase no later than 90 days prior to any Family reexamination month. The request must be in writing.

8304.2 Amount of Rent Adjustment Rent to the Owner may be adjusted either up or down. Subject to compliance with § 8304.1 above, the adjusted rent to an Owner who has submitted a written request shall be the LESSER of:

1. (a) The current rent multiplied by the applicable annual adjustment factor published by HUD in effect 60 days before the HAP anniversary date; or
2. (b) The reasonable rent as most recently determined (or redetermined) by DCHA; or
3. (c) The amount requested by the Owner.

8304.3 Prerequisites to a Rent Increase. The annual lease rent may not be increased unless:

1. (a) The Owner has requested a specific increase amount at least 90 days before the Family's reexamination month; and
2. (b) The request is made in writing on DCHA provided forms for each unit for which an increase is being requested; and
3. (c) In the preceding year, the Owner has complied with all requirements of the HAP contract, including compliance with the Housing Quality Standards.

8304.4 Timing of any Increases to Rent. Housing Assistance Payment increases, if approved by DCHA, shall be effective as of the first day of the first month commencing on or after the Participant's reexamination month.

8304.5 At its discretion DCHA may approve higher rents, subject to the availability of funding, in instances where contract rents are substantially lower than the DCHA approved maximum rent in a submarket.

SOURCE: Emergency and Proposed Rulemaking published at 52 DCR 577 (January 21, 2005)[EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 52 DCR 5094 (May 27, 2005)[EXPIRED]; as amended by Final Rulemaking published at 52 DCR 8631 (September 23, 2005); as amended by Final Rulemaking published at 61 DCR 6204 (June 20, 2014).