9118.1 A Family may request a Hardship waiver at any time if the family can demonstrate one of the following circumstances listed below. If the family receives a temporary TTP during the initial grace period, then the family may request a hardship waiver within 15 days before the expiration of the initial grace period or thereafter.

1. (a) After the effective date of the TTP, the new TTP has put the Family at imminent risk of eviction as a result of non-payment of rent, and the hardship cannot be remedied by the one interim recertification permitted each year (which cannot reduce a household's TTP below the minimum level);
2. (b) The Family is at an income level or experiences a loss of income and/or a TTP increase such that its total monthly TTP exceeds 40 percent of its current monthly gross income. Any amount by which the gross rent exceeds the payment standard must be paid by the family and is not used in determining this 40% rent burden. The gross income shall include imputed income in the same manner as current calculations;
3. (c) Zero household income;
4. (d) Loss of eligibility for a federal state, or local assistance program which reduces the Family income such that the total monthly TTP exceeds 40 percent of its current monthly gross income;
5. (e) Temporary or permanent disability, incapacitation or illness, or death of a household member, which reduces the Family income such that the total monthly TTP exceeds 40 percent of its current monthly gross income; or
6. (f) Significant income loss because of other changed circumstances, including the loss of employment, reduction in work hours or pay, or loss of public benefits.
7. (g) Other circumstances as determined by DCHA.

9118.2 The process for requesting a Hardship Waiver is as follows:

1. (a) The Head of Household must initiate a request for a Hardship Waiver by completing and submitting a written hardship request to the Housing Choice Voucher Program within 30 days of a Notice to Cure or Vacate or a Complaint for possession of the unit received showing an eviction risk (or negative impact on the Family);
2. (b) The Head of Household must supply information and documentation that

supports a hardship claim with their written request. For example, a household must provide proof of the following: loss of eligibility for a federal state, or local assistance program; loss of employment, reduction in work hours, or loss of federal, state or local assistance; or the temporary or permanent disability, incapacitation or illness, or death of a household member and amount of lost income;

(c) If the Head of Household claims zero household income as part of its hardship request, it must provide a detailed accounting of funds used to cover basic costs of living (food, personal/family care necessities, etc.);

(d) To receive hardship based on the risk of eviction for non-payment of rent, a household must provide a copy of a rent ledger showing an accruing balance, a notice from the landlord, a 30 day Notice to Vacate or Cure or a Summons and Complaint from the landlord for non-payment of rent or any other proof acceptable to DCHA;

(e) To receive hardship based on the risk of utility shut-off, a household must provide a copy of a shut-off notice, a recent bill from the utility company showing an accruing balance, a notice from the landlord, or any other proof acceptable to DCHA.

9118.3 The Hardship Review Process is as follows:

(a) DCHA shall review the Hardship Request in accordance with this section and provide written notice to the Head of Household within ten (10) business days of its decision to grant the Hardship requests;

(b) DCHA shall complete all information regarding the request for Hardship and the outcome in the Head of Household file;

(c) Where a hardship waiver is denied, the household may request an independent review of DCHA's denial to the Director of the Housing Choice Program or his/her designee.

(d) For hardship claims related to imminent risk of eviction or utility shut-off, DCHA shall conduct an expedited independent review.

9118.4 At the sole discretion of DCHA, the Hardship Remedies may include any of the following:

(a) Allowing an additional interim recertification beyond the normal one-per-year option. This could lower household's TTP, which includes lowering the minimum rent until the next triennial recertification;

(b) Setting the household's TTP below the minimum, at 28 percent of current income, for up to 180 days;

(c) Offering a "transfer voucher" to support a move to a more affordable unit (including a unit with lower utility expenses); or

(d) Any combination of the above remedies.

9118.5 During the 180 day period when the TTP is reduced, DCHA shall recalculate the subsidy payment based on the reduced TTP. DCHA shall notify the Landlord and the Head of Household of the change in subsidy payment.

9118.6 In addition to the remedy or remedies offered, the Head of Household may be referred to federal, state or local assistance programs to apply for assistance, or to obtain verification that they are ineligible to receive benefits.

9118.7 The Hardship remedies are subject to the following limitations:

(a) The new Family rent to owner shall be effective on the 1st of the following month after approval;

(b) Remedies shall not affect any rent attributable to a gross rent that exceeds the applicable payment standard;

(c) Opting out of the alternative rent policy is not a remedy option.

9118.8 Expiration of the Hardship Waiver Period:

(a) If after the 180-day Hardship period expires and the Family's hardship continues, the Family may submit a request for an extension of the hardship remedy. However, the hardship waiver shall never go past the triennial recertification date;

(b) At the end of the hardship waiver period, the household's regular TTP shall be reinstated.

SOURCE: Final Rulemaking published at 61 DCR 9596 (September 19, 2014).