An applicant unit, whether an individual or family, shall be eligible to receive HPRP assistance if the applicant unit:

(a) Is currently homeless, because the applicant unit:

(1) Lacks a fixed, regular residence that provides safe housing, and lacks the financial means to acquire such a residence immediately, including victims of domestic violence who cannot remain in their present housing for safety reasons; and

(2) Has a primary nighttime residence that is:

(A) A supervised publicly or privately operated shelter or transitional housing facility designed to provide temporary living accommodations;

(B) A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings; or

(C) A hospital or other institution for the last one hundred and eighty (180) days or less, but who had, immediately prior to entry into the hospital or institution, a primary nighttime residence that meets the requirements of subparagraph (A) or (B) of this subparagraph; or

(b) Is housed but is at imminent risk of becoming homeless because the applicant:

(1) Faces imminent loss of current housing;

(2) Lacks the financial means to retain current housing or obtain alternate housing, due to:

(A) A sudden and significant loss of income;

(B) Significant financial barriers to housing, including significant medical debt, credit issues; or

(C) Other significant but temporary or situational financial crisis;

(3) Lacks the support network to retain current housing or obtain alternate housing; and

(4) Has no other housing options identified.

(c) Is a resident of the District of Columbia as defined by section 503 of the District of Columbia Public Assistance Act of 1982, effective April 6, 1982 (D.C. Law 4-101; D.C. Official Code § 4-205.03);

(d) Is living in the District of Columbia at the time of application. For purposes of this section, the applicant household shall be considered living in the District of Columbia if the household:

(1) Is homeless, physically present in the District, and not a resident of another state; or

(2) Is maintaining a home in the District as his or her principal residence.

(e) Has a combined current gross income, as determined in accordance with subsections 7603.10 and 7603.11, in the thirty (30) day period immediately preceding the date of application, at or below fifty percent (50 %) of the current Area Median Income (AMI) for the District of Columbia as determined annually by the United States Department of Housing and Urban Development (HUD).

(f) Demonstrates that the applicant household has no other available resources for retaining or obtaining stable housing, including resources available from family, friends, or a community resource or demonstrates the presence of additional challenges that are associated with an increased risk of homelessness, including mental or physical health issues, substance abuse, recent homelessness, child welfare involvement, recent institutional care, or other such challenges, and which the applicant can demonstrate may increase their risk of homelessness. Household assets, as set forth in subsection 7603.13, shall be taken into account in accordance with subsection 7603.12, in determining whether a household has other available financial resources sufficient to obtain or maintain housing under this section.

(g) Demonstrates that there is a reasonable expectation that the applicant will have the capacity to obtain or retain stable housing within an eighteen (18) month period or less, particularly for applicants seeking either rental assistance or payment of rental or utility arrearages. Failure to demonstrate that the household will be reasonably likely to sustain stable housing following HPRP assistance may result in a denial of eligibility for some or all HPRP benefits.

7603.2 Those HPRP applicants that have received Emergency Rental Assistance Program (ERAP) benefits within the last eighteen (18) months, whether applying for the

same or a different financial benefit as that received under ERAP, shall be required to credibly demonstrate why the household believes it can meet the subsection 7603.1(g) eligibility requirement and not need additional assistance to obtain or retain housing.

7603.3 An HPRP applicant or HPRP participant determined eligible under this section shall be subject to a re-evaluation and a re-determination of eligibility at least once every three (3) months for any HPRP rental assistance or case management lasting longer than three (3) months.7603.4 If two (2) unrelated individuals are joint parties to a lease, the HPRP Provider shall consider total household income to determine eligibility (i.e., either the whole household is eligible for assistance, or the whole household is not).7603.5 An applicant unit shall not be eligible for HPRP rental assistance if the household is receiving rental assistance for the same time period through another federal, state or local housing subsidy program.7603.6 An applicant unit shall not be eligible for HPRP utility assistance if the household is receiving a rental subsidy for the same time period through another federal, state, or local housing subsidy program that provides a utility allowance or the equivalent.7603.7 An adult applicant shall be denied HPRP assistance if the household's housing crisis is the result of his or her refusal without 'good cause' to accept employment or training for employment.7603.8 An applicant shall be considered to have refused employment or training if the applicant:- (a) Voluntarily quit employment or a bona fide training program within three (3) months prior to application; or

- (b) Rejected an employment or a bona fide training program opportunity within the three (3) months prior to the application.7603.9 'Good Cause' reasons for voluntarily quitting a job or not participating in an employment training program include circumstances beyond the individual's control, such as, but not limited to, the following, when the applicant can show, with reliable or credible information, that:- (a) Wages are below the minimum wage;

- (b) The applicant is physically or mentally unable to perform the work or gain access to the worksite;

(c) Working conditions violate health, safety, or worker's compensation regulations and present a substantial risk to health or safety;

(d) The employer discriminated against the applicant based on race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, familial status, family responsibilities, matriculation, political affiliation, genetic information, disability, source of income, status as a victim of an intrafamily offense, or place of residence or business in violation of D.C. Official Code §§ 2-1401.01, et seq. (D.C. Law 2-38, effective December 13, 1977);

(e) The requirements of the job would be contrary to his or her religious beliefs;

(f) There existed a household emergency (including domestic violence);

(g) The resignation is recognized by the employer as retirement;

(h) Child care, which is necessary for the adult applicant to accept work or training, is not available; or

(i) The applicant could not maintain work or participate in a training program because it was necessary for the applicant to take care of a family member who is either ill or has a disability.

7603.10

Current gross income for purposes of subsection 7603.1(e) shall include the following types of income, except that any income recently terminated shall not be included:

(a) The full amount, before any payroll deduction, of wages and salaries, overtime pay, commissions, fees, tips, and bonuses, and other compensation for personal services;

(b) The net income from operation of a business or profession. Expenditures for business expansion or amortization of capital indebtedness shall not be used as deductions in determining net income. An allowance for depreciation of assets used in a business or profession may be deducted, based on straight line depreciation, as provided in Internal Revenue Service regulations. Any withdrawal of cash or assets from the operation of a business or profession will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested in the operation by the family;

(c) Interest, dividends, and other net income of any kind from real or personal property greater than one thousand dollars ($1,000) per year. Expenditures for amortization of capital indebtedness shall be used as deduction in

determining net income. An allowance for depreciation is permitted only as authorized in paragraph (b) of this subsection. Net income from assets will be included in Annual Income for the purposes of this title if net income from assets exceeds one thousand ($1,000). Notwithstanding this threshold, all assets with a value greater than fifteen thousand dollars ($15,000) must be reported annually. Regardless of the value of the assets, imputed income from assets will not be included in Annual Income.

1. (d) The full amount of periodic payments received from social security, annuities, insurance policies, retirement funds, pensions, disability or death benefits and other similar types of periodic receipts, including a lump-sum payment for the delayed start of a periodic payment;
2. (e) Payments in lieu of earnings such as unemployment and disability compensation, worker's compensation and severance pay;
3. (f) Welfare Assistance. If the welfare assistance payment includes an amount specifically designated for shelter and utilities that is subject to adjustment by the welfare assistance agency in accordance with the actual cost of shelter and utilities, the amount of welfare assistance income to be included as income shall consist of the following:
4. (1) The amount of the allowance or grant exclusive of the amount specifically designated for shelter or utilities; plus
5. (2) The maximum amount that the welfare assistance agency could in fact allow the family for shelter and utilities. If the family's welfare assistance is ratably reduced from the standard of need by applying a percentage, the amount calculated shall be the amount resulting from one application of the percentage;
6. (g) Periodic and determinable allowances, such as alimony and child support payments, and regular contributions or gifts received from persons not residing in the dwelling;
7. (h) All regular pay, special pay and allowances of a member of the Armed Forces (whether or not living in the dwelling) who is head of the family, spouse, or other person whose dependents are residing in the unit; and
8. (i) Any earned income tax credit to the extent it exceeds income tax liability.

7603.11 Current gross income does not include such temporary, nonrecurring or sporadic income as the following:

(a) Casual, sporadic or irregular gifts;

1. (b) Amounts that are specifically for or in reimbursement of the cost of medical expenses;
2. (c) Lump-sum additions to family assets, such as inheritances, insurance payments (including payments under health and accident insurance and worker's compensation), capital gains and settlement for personal or property losses;
3. (d) Amounts of educational scholarships paid directly to the student or to the educational institution, and amounts paid by the government to a veteran, for use in meeting the costs of tuition, fees, books and equipment. Any amounts of such scholarships, or payments to veterans not used for the above purposes that are available for subsistence are to be included in income;
4. (e) The hazardous duty pay to a family member in the Armed Forces away from home and exposed to hostile fire;
5. (f) Income from employment of children (including foster children) under the age of eighteen (18) years;
6. (g) Payments received for the care of foster children; and
7. (h) Amounts specifically excluded by any other Federal statute from consideration as income for purposes of determining eligibility or benefits under a category of assistance programs that includes assistance under any program to which the exclusions of 24 CFR 5.609(c) apply, including:
8. (1) The value of the allotment provided to an eligible household for coupons under the Food Stamp Act of 1977 (7 U.S.C. §§ 2011-2029);
9. (2) Relocation payments made under title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. §§ 4621-4638);
10. (3) Payments to volunteers under the Domestic Volunteer Service Act of 1973 (42 U.S.C. §§ 5044(f), 5058);
11. (4) Payments or allowances made under the Department of Health and Human Services' Low-Income Home Energy Assistance Program (42 U.S.C. §§ 8621-8629); and

12. (5) Payments received from the Job Training Partnership Act (29 U.S.C. 1552(b)).

13. 12 Household assets shall be taken into account in determining whether a household has other available financial resources sufficient to obtain or maintain housing under subsection 7603.1(f), as follows:- (a) If a household's current gross income, determined pursuant to subsection 7603.1(e), plus the household's combined assets, as set forth in subsection 7603.6, exceeds fifty percent (50%) of the current Area Median Income (AMI) for the District of Columbia as determined annually by HUD, the household is not eligible for HPRP assistance;

14. (b) If thirty percent (30%) of a household's monthly income, based on the current gross income determined in accordance with subsection 7603.1(e), plus one twelfth (1/12) of the household's combined assets, as set forth in subsection 7603.6, exceeds the amount of the specific HPRP assistance sought (e.g., security deposit or rental assistance, or the respective cap, whichever is less) the household is not eligible for HPRP assistance; and
15. (b) If thirty percent (30%) of a household's monthly income, based on the current gross income determined in accordance with subsection 7603.1(e), plus one twelfth (1/12) of the household's combined assets, as set forth in subsection 7603.6, is less than the amount of the specific HPRP assistance sought (e.g., security deposit or rental assistance) the household shall only be eligible for HPRP assistance in the amount of the difference between the amount of the HPRP assistance sought or the respective HPRP cap, whichever is less.7603. 13 An asset is cash or items that could be converted to cash quickly and includes the real or personal property and investments that a household may possess, including assets that are owned by more than one person, but allow unrestricted access to the applicant. Assets include:- (a) Amounts in checking and saving bank accounts.
16. (b) Stocks, bonds, savings certificates, money market funds, and other investment accounts.
17. (c) The cash value of trusts that may be withdrawn by the household.
18. (d) IRA, Keogh and similar retirement savings accounts, even when early withdrawal will result in a penalty.
19. (e) Lump sum receipts of cash received and accessible by household, such as inheritances, capital gains, lottery winnings, insurance settlements, and other claims.

Source: Notice of Emergency and Proposed Rulemaking published at 57 DCR 2116 (March 12, 2010)[EXPIRED]; as amended by Notice of Emergency and Proposed Rulemaking published at 57 DCR 5973 (July 9, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 58 DCR 1566, 1571

(February 25, 2011).