7807 PROGRAM EXITS

7807.1 Participants are considered to have exited the program when they are no longer receiving financial assistance or supportive services through a FRSP provider. Participants may exit because they no longer require FRSP supports, by program termination, or because they reached the length of time for which their participation was approved (inclusive of applicable program extension).

7807.2 An Eligibility Provider may terminate FRSP assistance pursuant to Section 22 of the HSRA (D.C. Official Code § 4-754.36), including terminating case management services and financial assistance, if a member of the household:

(a) Possesses a weapon illegally on the premises of the property subsidized by the FRSP;

(b) Possesses or sells illegal drugs on the premises of the property subsidized by the

FRSP;

(c) Assaults or batteries any person on the premises of the property subsidized by the FRSP;

(d) Endangers the safety of oneself or the safety of others on the premises of the property subsidized by the FRSP;

(e) Intentionally or

maliciously

vandalizes

or

destroys or

steals

the

property of

any

person on

the

premises of

the

property

subsidized

by the

FRSP;

(f) Does

not

accept

an

offer

of

appropriate

permanent

housing or

supportive

housing

that

better

serves

the

house

hold's

needs

after

being

offere

d two

(2)

appro

priate

perma

nent

or

suppo

rtive

housi

ng

opport

unitie

s in

accor

dance

with

Sectio

n

22(a)(

2)(F)

of the

HSRA

(D.C.

Law

16-35;

D.C.

Offici

al

Code

§ 4-

754.3

6(a)(2

)(F));

or,

(g) Know

ingly

engag

es in

repeat

ed

violati

ons of

an

Eligib

ility

Provi

der's

or

Servic

e

Provi

der's

progra

m

rules.

7807.3 For purposes of § 7807.2(f), two (2) offers of appropriate permanent or supportive housing shall include being offered or having identified two (2) units that are available and meet the requirements of the Program and the applicant's stated needs and preferences, or any other supportive or permanent housing program for which the participant has been determined eligible, including but not limited to the Local Rent Supplement Program, Housing Choice Voucher Program (HCVP), or public housing.

7807.4 In the case of terminations pursuant to § 7807.2(f), the Service Provider must have made reasonable and documented efforts to help the participant overcome obstacles to obtaining or maintaining permanent housing.

7807.5 The Service Provider shall give written and oral notice to a FRSP participating household of their termination from services pursuant to this section at least thirty (30) days before the effective date of the termination.

7807.6 If a participant is terminated from FRSP services, the Service Provider shall give to the participant, personally or through an authorized representative, a written Notice of Termination, which shall state:

(a) The participant is being terminated;

(b) The effective date of the termination;

(c) The reason or reasons for the termination, including the date or dates on which the basis or bases for the termination occurred;

(d) The statute, regulation, or program rule(s) under which the termination is being made;

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

(f) 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.

7807.7 Termination pursuant to this section refers to a termination of FRSP assistance including case management services and financial assistance only and does not provide the FRSP Providers or the Department with any authority to interfere with a participant's tenancy rights under the lease agreement as governed by Title 14 of the District of Columbia Municipal Regulations.

7807.8 A FRSP participant may successfully transition from assistance at any time.

7807.9 Successful exit from FRSP includes the following:

(a) Demonstrated ability to sustain housing independent of FRSP assistance; and

(b) Relocation to another housing option that eliminates the need for FRSP financial assistance.

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