8401.1 To be eligible to participate in a DCHA rent subsidy program, an Applicant must meet certain criteria as set forth in Chapter 61 of this Title, including, but not limited to, the following:

1. (a) Income limits;
2. (b) Provision of Social Security Numbers;
3. (c) Family composition information;
4. (d) Clearance of outstanding debts to DCHA or other Public Housing authorities; and
5. (e) Criminal background checks.

8401.2 The Applicant must meet the initial certification requirements qualifying as a Family as follows:

1. (a) Two (2) or more persons sharing residency whose income and resources are available to meet the Family's needs and who are related or have evidence of a stable family relationship, such as:
2. (i) Child together by birth, adoption or legal guardianship documentation;
3. (ii) Joint tax returns;
4. (iii) Joint prior lease; or
5. (iv) Joint bank accounts, insurance policies or utility bills.
6. (b) A single person, who is:
7. (i) Expecting a child, even if she is no longer carrying a child at the time of voucher issuance or lease up;
8. (ii) Sixty-two (62) years of age or older;
9. (iii) Disabled with a physical impairment which is expected to be of long continued and indefinite duration which substantially impedes, but does not prohibit the ability, to live independently;
10. (iv) Disabled within the meaning of the Social Security or Developmentally Disabled Acts; or
11. (v) Displaced due to a declared disaster and not living in standard replacement housing.
12. (c) A live-in aide who has been approved as a Reasonable Accommodation in accordance with the provisions of Chapter 74 of this Title, but whose income is not counted for purposes of determining eligibility or total tenant payment.
13. (d) The household composition, as reported and verified in accordance with the provisions of the Title, is the basis for the initial certification and calculation of total tenant payment by the Family and housing assistance payment to the owner.

8401.3 The income of Families in the rent subsidy programs is subject to the following restrictions:

(a) Certification for admission to the program is based on the unadjusted Annual Income of the household before any deductions or allowances;

(b) Except for certain special rental housing assistance programs, the unadjusted Annual Income may not exceed the low income limit of fifty percent (50%) of area median income established by HUD annually and published in the Federal Register for the family size;

(c) For the Housing Choice Voucher Program, at least seventy percent (70%) of the participants in the program may not exceed the very low income limit of thirty percent (30%) of area median income established by HUD annually and published in the Federal Register by family size in the same way;

(d) Changes to Annual Income that exceed such limits after issuance of a voucher or during participation in the program are not a basis for termination from a rent subsidy program; and

(e) Notwithstanding the provisions in (d) above, participants whose Annual Income exceeds the initial income limits, are subject to reporting such increase and an adjustment of subsidy at that time as well as at regular and interim reexaminations which can result in adjustments to the amount of subsidy provided to the Family.

8401.4 In order to calculate the amount of the Tenant Payment, the amount of the housing assistance payment subsidy for the owner, the Family's income must be reported and verified as well as any allowances or deductions as required at the time of initial certification.

8401.5 In certain special types of rent subsidy programs, as may be specified in other Chapters of this Title, the annual adjusted income of the household may be permitted to be up to eighty percent (80%) of the area median income as determined from time to time by the HUD.

SOURCE: Notice of Final Rulemaking published at 54 DCR 9366 (September 28, 2007).