9219.1 Criteria for a Transfer. DCHA shall allow a reversion from HOAP assistance to federal tenant-based assistance for the following reasons:

1. (a) The elderly only family fails to maintain their portion of the mortgage payment and is in default jeopardy of foreclosure;
2. (b) The disabled only family fails to maintain their portion of the mortgage payment and is in default jeopardy of foreclosure;
3. (c) A family in good standing has a substantial loss of household income that cannot be recovered within twelve (12) months of the loss that will cause the family to pay zero towards their portion of mortgage payment;
4. (d) At DCHA's discretion, a Family that has met all of its obligations while participating in the HOAP, may be allowed a reversion from HOAP assistance to federal tenant-based assistance;
5. (e) At DCHA's discretion a family that is in default only because of an inability to inform DCHA of a change in income or family circumstance by reason of documented participation in a witness protection program or activity that would put the family under the protection of the Violence Against Women Act, may be allowed a reversion from HOAP assistance to federal tenant-based assistance; or
6. (f) If the family conveys the title to the home to HUD, an approved designee or representative of the lender, or to DCHA. The Family shall sign a Conveyance Acknowledgment Notice, indicating the requirement to completely transfer and convey the property, and such notice shall be acceptable to the mortgage lender. Reversion during the subsidy period requires that HOAP will receive sales proceeds from the home in order of the interest held.

9219.2 Approval of Rental Voucher. If the Family is approved for transfer from the HOAP, the Housing Choice Voucher Program shall issue the Family a rental voucher and the Family shall complete the normal voucher rental unit search process. During the period the Family is searching for a rental unit, if no mortgage default has occurred and all other program requirements have been satisfied, the HOAP shall continue to provide the Family with home ownership subsidy.

9219.3 Termination of all Assistance. If the family fails to transfer or convey the property as provided hereinabove, resulting in foreclosure of the property, the HOAP

payment will be terminated and the HCVP will not provide the family with rental assistance. If a rental assistance lease has commenced, the Housing Choice Voucher Program will terminate both the family Housing Choice Voucher and the rental assistance payment.

9219.4 No concurrent assistance. A Family member who owns an interest in the home cannot receive both HOAP and rental assistance concurrently, except as provided in § 9219.2 above.

SOURCE: Final Rulemaking published at 49 DCR 5767 (June 21, 2002); as amended by Final Rulemaking published at 52 DCR 6180 (July 1, 2005); as amended by Final Rulemaking published at 65 DCR 7847 (July 27, 2018).