7805 RE-HOUSING AND STABILIZATION ASSISTANCE

7805.1 FRSP assistance supports District residents, who are experiencing homelessness or at imminent risk of experiencing homelessness, to achieve stability in permanent housing through individualized and time-limited assistance. FRSP offers a range of supports that are responsive to participant needs, including: individualized case management services, housing identification, connection to mainstream and community-based resources, and financial assistance in the form of a limited utility assistance and/or monthly rental subsidy. FRSP assistance shall be “needs-based,” meaning that the assistance provided shall be the necessary amount, as determined by the Eligibility Provider and the family, needed for the FRSP applicant to obtain housing and mitigate the likelihood of them returning to homelessness.

7805.2 FRSP assistance shall include the appropriate supports, including any or all of the following:

1. (a) The assignment to a qualified Service Provider with the capacity to provide individualized case management services using a progressive engagement model based on the presenting needs of the family;
2. (b) Development of an individualized plan to facilitate attainment of participant’s goals, including housing stability. For participants receiving Temporary Assistance for Needy Families (TANF) and who already have an Individual Responsibility Plan (“IRP”), the IRP should serve this purpose and can be modified and evaluated as necessary in collaboration with other organizations and entities that are also engaged with the participant;
3. (c) Connection to other community resources and services that are responsive to the needs of the household (e.g., behavioral health, primary health care, educational supports, food and nutrition resources);
4. (d) Financial assistance in the form of a monthly rental subsidy if needed and identified in the individualized plan pursuant to paragraph (b) of this subsection;
5. (e) Housing Identification assistance through which the Service Provider assists participants with:
6. (1) Identification of a unit independently and/or accessing a pool of available housing units to identify a unit that best fits the participant’s needs;
7. (2) Assistance in negotiating with landlords to reduce the rent or include

utilities; and

(3) Scheduling a timely inspection of the unit;

(f) Job placement and workforce development;

(g) Documentation of activities that can be credited toward a participant’s IRP, such as housing search, housing counseling services, obtaining a GED certification, University of the District of Columbia class credit, work hours, or certification with DOES or other barrier remediation activities specifically identified in the plan.

7805.3 Service Providers will have regular engagement with participants as dictated by the goals in the individualized plan or IRP, but no less than monthly, coordinate with other Service Providers, and will maintain current documentation on progress toward goals. This includes an assessment of progress made towards the completion of the individualized plan or IRP.

7805.4 The Service Provider shall conduct a formal review of services provided and the participant’s participation in the Program after three (3), six (6), nine (9), and twelve (12) months of assistance. This review will include the following:

(a) Review of participant’s income change and approved budget plan;

(b) Review of progress on the individualized plan or IRP and the applicant’s approved budget plan;

(c) Needs-based assessments, using a progressive engagement model, to determine if a less or more aggressive intervention is required; and

(d) Review of participant’s likely ability to sustain housing stability independently of the Program at the end of the FRSP assistance period.

7805.5 The Program shall not be obligated to provide a monetary amount for a requested service if a less costly alternative is available.

7805.6 Rental costs for the unit may not exceed the rent reasonableness standard determined by the DCHA. Eligibility Providers and participants shall attempt to identify housing units below market rent wherever possible.

7805.7 FRSP financial assistance may consist of a security deposit, move-in assistance, time-limited rental subsidy, and utility assistance, in accordance with the applicant’s approved budget plan.

7805.8 The maximum FRSP payment for a security deposit shall be the actual amount of the deposit, which shall not exceed the cost of one (1) month's unsubsidized rent.

7805.9 Individualized plans or IRPs for each family shall aim for a targeted progression towards exit from the supports provided in twelve (12) months or less. A family is expected to plan for a reduction in financial assistance after the one (1) year lease term but may continue to receive case management assistance as needed to maintain housing stability and a rental subsidy if approved by DHS or its designee based on the criteria in § 7805.10. In the event that the Service Provider determines at the three (3), six (6), nine (9), or twelve (12) month review that the participant will likely be unable to sustain housing stability independently of the Program at the end of the FRSP assistance period, the Service Provider shall:

(a) Notify the Eligibility Provider and the Department of the factors indicating that the participant will likely be unable to sustain housing independently;

(b) If funding is available, the Service Provider shall notify the Eligibility Provider of its recommendation for an extension of assistance for the participant beyond twelve (12) months as provided in § 7805.10;

(c) If the participant requests additional information and assistance in applying to other similar District-funded housing or rental assistance programs, assess the participant for eligibility in, and assist with applications to, the following programs, as appropriate:

(1) The District of Columbia Housing Authority's (DCHA) Housing Choice Voucher Program's (HCVP) limited local preference for permanent supportive housing for chronically homeless individuals and families;

(2) Other available DCHA public housing or housing voucher programs, including the Local Rent Supplement Program (LRSP); and

(3) Other District-funded housing or rental assistance programs.

(d) Identify other affordable and subsidized rental housing programs, including but not limited to HUD-subsidized units; and, if the participant requests assistance with applying to these programs, assist the participant with the application process as necessary, and to the extent permitted by other housing programs; and

(e) Consider potential appropriate shared living arrangements that could work within the participant's budget.

7805.10 The Department or the Department's designee shall consider requests for FRSP assistance extending past twelve (12) months, if funding is available. Extensions of subsidy beyond twelve (12) months must be requested in writing, and may be granted to participants who have made good faith efforts towards the achievement of goals set forth in their individualized plan or IRP, as observed by the Service Provider at the three (3), six (6), nine (9), and twelve (12) month reviews, but who cannot yet sustain housing stability independently of the program, and have not yet been approved for permanently affordable housing. When making a determination of whether to grant a participant an extension beyond twelve (12) months, the Department or Department's designee shall consider the totality of the circumstances. FRSP is not an entitlement and the program is not designed to be an indefinite bridge to long-term affordable housing; therefore, length of participation in the program beyond eighteen (18) months may be a valid factor for denial of an extension. Any such extensions of time shall be granted in increments not greater than six (6) months, with regular formal reviews as provided by § 7805.4 at least every three (3) months. In the event that a requested extension of assistance is denied, a participant shall be given thirty (30) days written notice prior to the final subsidy payment. Such notice shall explicitly set forth the reason for the denial of additional assistance, and shall inform the participant that:

(a) The FRSP participant has a right to appeal the determination through a fair hearing and administrative review, including deadlines for requesting an appeal; and

(b) The FRSP participant has a right to continuation of FRSP services pending the outcome of any fair hearing requested within fifteen (15) days of receipt of written notice of a termination.

7805.11 During the period of rental assistance, each household shall contribute a minimum of forty percent (40%) and a maximum of sixty percent (60%) of their adjusted annual income toward housing costs as determined by the Department. For this period, FRSP rental assistance shall be the difference between the cost of housing and the household contribution. Actual contribution will be determined in the participant's approved budget component of the Individualized plan or IRP. The Eligibility Provider or the Department's designee shall pay the subsidized portion of the rent directly to the landlord, including any late fees or court costs that accrue due to the Eligibility Provider's late or non-payment of rent.

7805.12 As part of demonstrating good faith participation in services, the participant household shall demonstrate that they:

(a) Have paid their share of the housing costs during the subsidy period on a timely basis; and

(b) Have demonstrated activity in achieving the goals identified in their Individualized plan or IRP.

7805.13 Households receiving FRSP assistance shall report to the Provider in writing within fifteen (15) days of any decrease in income of fifty dollars ($50) or more. Increases in income shall result in recalculation at the regularly scheduled review period.

7805.14 Upon receiving written notification from the household of a change in the household’s monthly income, the Eligibility Provider shall determine if there is a need to recalculate the amount of the household’s housing cost contribution, based on the following criteria:

1. (a) If the participant reports a decrease in monthly income of fifty dollars (\$50) or more, the Eligibility Provider shall recalculate the household's contribution;
2. (b) If the participant reports a decrease in monthly income of less than fifty dollars (\$50) the household may request that a recalculation be conducted;
3. (c) If the recalculation pursuant to paragraphs (a) and (b) results in an increase in the amount of FRSP rental assistance, the change shall take effect the first day of the month or the next day that rent is due if different from the first of the month, whichever is first, following completion of the calculation. The recalculation shall be completed within five (5) business days of receipt of written notice from the household of the decrease in household income or request a recalculation, and documentation necessary for the Eligibility Provider's recalculation;
4. (d) If the household is reporting an increase in monthly income of one hundred dollars (\$100) or more at the regularly scheduled review, the Eligibility Provider shall conduct a recalculation;
5. (e) If the recalculation made pursuant to paragraph (d) results in a decrease in the amount of FRSP rental assistance, the change shall take effect the first of the month, or on the day that rent is next due if different than the first of the month, whichever is first, following the month in which written notice of the change under § 7805.15 is provided to the household; and
6. (f) If the next day rent is due is less than fifteen (15) calendar days from the date the notice is either hand delivered or postmarked, the change in the FRSP rental assistance shall be effective the second month (or the second date upon which rent is due) following the month in which written notice

of the change per § 7805.15 is provided to the household.

7805.15 When an Eligibility Provider calculates the initial FRSP assistance or makes a change in FRSP assistance based upon a reported change in income under § 7805.14, the Provider shall give to the participant household a written Notice of FRSP Rental Assistance or a Notice of Change in FRSP Rental Assistance, as appropriate. Each Notice shall state:- (a) The basis for the rental assistance determination;

- (b) The statute, regulation, or policy under which the change was made;

- (c) The participant's current FRSP rental assistance and the household's current share of the housing costs;

- (d) If the rental assistance is changing, a computation of the new amount of FRSP rental assistance and the new amount of the household's share of the housing costs;

- (e) If the rental assistance is changing, the effective date of the new amount of rental assistance in accordance with § 7805.14(c), § 7805.14(e), or § 7805.14(f), whichever is applicable; and

- (f) The FRSP participant has a right to a reconsideration of the initial calculation and the recalculation by the Department or the Department's designee, at any time. Such requests for reconsideration of either the initial calculation or the recalculation by the Department or the Department's designee shall be made in writing to the Eligibility Provider7805.16 A request for reconsideration in accordance with § 7805.15(f) shall be responded to by the Eligibility Provider within five (5) business days of receipt of the household's written request for a reconsideration. The five (5) business day timeframe may be tolled if the provider has requested documentation necessary to the review, and receipt of such documentation is pending.7805.17 Notice required by § 7805.15 shall be either hand-delivered to an adult member of the participant household or mailed to the household by first class mail within twenty-four (24) hours of the Provider's calculation or recalculation of the household's rental assistance.7805.18 Only in the rare circumstance where required by a vendor or by a District or federal agency, may the assistance payment be made in the form of cash. In all other cases, all FRSP assistance payments shall be in the form of non-cash direct vendor payments.

SOURCE: Final Rulemaking published at 63 DCR 5273 (April 8, 2016).