3802 ELIGIBILITY

3802.1 To be eligible for an LPRAP benefit, the applicant or applicants shall:

(a) Submit an application as specified in § 3801.1 for a residential property in the District of Columbia that has an eligible portion of the lead water service line;

(b) If the applicant seeks eligibility to receive one hundred percent (100%) replacement cost benefit rather than the standard fifty percent (50%) benefit, show that they meet the following criteria:

(1) At least one (1) property owner meets the income criteria for financial eligibility established under Section 6019b(b)(1)(A)(i) of the Act (D.C. Official Code § 34-2159(b)(1)(A)(i)); or

(2) At least one (1) tenant meets the District or federal housing program participation criteria for financial eligibility established under Section 6019b(b)(1)(A)(ii) of the Act (D.C. Official Code § 34-2159(b)(1)(A)(ii)); and

(c) Seek assistance for the eligible portion of a lead water service line for program relief under Section 6019b(k) of the Act (D.C. Official Code § 34-2159(k)) as provided in §§ 3802.3 and .4.

3802.2 Pursuant to § 3802.1(c), upon receipt of an application, the Department shall check the best available lead water service line data to preliminarily determine whether the applicant's property contains the eligible portion of the lead water service line, as defined in Section 6019b of the Act (D.C. Official Code § 34-2159).

3802.3 A residential property owner(s) is eligible to receive assistance if the portion of the water service line on private property and/or the portion in public space remaining after a partial lead service line replacement is confirmed to be a lead water service line as defined in Section 6019a(d) of the Act (D.C. Official Code § 34-2158(d)).

3802.4 The material of the water service line shall be confirmed to be a lead water service line based on:

(a) Information on DC Water's Water Service Information Map (available at https://geo.dcwater.com/leadmap/) designates the water service pipe material as "verified lead" on private property and/or the portion in public

space remaining after a partial lead service line replacement;

(b) Information provided by the residential property owner or a primary point of contact for their property confirms water service pipe material located on private property and/or the portion in public space remaining after a partial lead service line replacement is a lead water service line;

(c) Information otherwise available to the Department confirms water service pipe material located on private property and/or the portion in public space remaining after a partial lead service line replacement is a lead water service line; or

(d) The property owner's contractor completed a test pit and confirmed confirms water service pipe material located on private property and/or the portion in public space remaining after a partial lead water service line replacement is a lead water service line.

3802.5 For a single-family property, if the applicant seeks the one hundred percent (100%) replacement cost benefit rather than the standard fifty percent (50%) benefit, the Department shall determine the financial eligibility based on documentation demonstrating:

(a) Current tenant participation in a District or federal housing program; or

(b) The gross income of the household; provided, that if a member of the household is self-employed, the determination of financial eligibility shall be based on adjusted gross income, which shall apply to the overall household income in accordance with tax filing status.

3802.6 For a multi-family property, if the applicant seeks the one hundred percent (100%) replacement cost benefit rather than the standard fifty percent (50%) benefit, the Department shall determine the financial eligibility based on documentation demonstrating that either:

(a) At least one (1) property owner meets the income criteria for financial eligibility established under Section 6019b(b)(1)(A)(i) of the Act (D.C. Official Code § 34-2159(b)(1)(A)(i)), applying the gross-income standard articulated in § 3802.4(b); or

(b) At least one (1) tenant meets the District or federal housing program participation criteria for financial eligibility established under Section 6019b(b)(1)(A)(ii) of the Act (D.C. Official Code § 34-2159(b)(1)(A)(ii))

3802.7 As a condition of eligibility, each applicant shall sign a release, or provide electronic acknowledgement, that authorizes the Department to obtain or verify information necessary to process the application or for reporting purposes.3802.8 Each applicant shall cooperate fully in establishing eligibility by providing documentation or other proof of:- (a) Property ownership by the applicant for the property to be benefited; and

- (b) Additional information that the Department may require that is relevant to establishing eligibility.3802.9 In addition to the requirements of § 3802.6-7, each applicant seeking to establish household income eligibility under Section 6019b(b)(1)(A)(i) of the Act (D.C. Official Code § 34-2159(b)(1)(A)(i)) shall cooperate fully in establishing financial eligibility by providing documentation or other proof of:- (a) Household composition; and

- (b) Household income.3802.10 The Department may obtain the information used in determining eligibility from any relevant sources.3802.11 The Department shall complete the eligibility and benefit determination within thirty (30) days after it receives a completed application, or, in the event of an unexpected or extenuating circumstance that affects the Department, such as a natural disaster, as promptly thereafter as possible, except that the following shall toll the timeline:- (a) An applicant's failure to supply information to document facts stated in an application;

- (b) The Department's inability to make contact with an applicant after three (3) attempts;

- (c) Evidence of misrepresentation in an application;

- (d) A failure to respond by a third party from whom the Department has requested necessary information and over whom the Department has no control; or

- (e) A delay in receipt of necessary information over which the Department has no control.

3802.12 The Department shall notify the applicant of the eligibility and benefit determination in accordance with Section 6019b of the Act (D.C. Official Code § 34-2159).

3802.13 If the lead pipe replacement is not completed within ninety (90) days from the date of approval or before the end of the fiscal year in which the application was approved, whichever occurs first, the Department may require the applicant to provide updated proof of eligibility to receive benefits.

SOURCE: Final Rulemaking published at 67 DCR 2597 (March 6, 2020); as amended by Final Rulemaking published at 72 DCR 008203 (July 25, 2025).