§ 6–228. Tenant-based assistance.

*NOTE: This section includes amendments by temporary legislation that will expire on April 28, 2024. To view the text of this section after the expiration of all emergency and temporary legislation affecting this section, click this link: Permanent Version.*

(a)(1) The funds allocated for tenant-based assistance shall be administered through the Authority's Housing Choice Voucher Program.

(2) Except as provided in paragraphs (3), (4), and (5) of this section, tenant-based assistance provided through the Rent Supplement Program shall be subject to the Authority's existing rules, regulations, policies, and procedures for the Housing Choice Voucher Program;

(3) The Authority shall not inquire about nor consider for the purposes of eligibility, admission, or continued occupancy any information about immigration status, prior criminal arrests or convictions, or pending criminal matters.

(4) Rules governing eligibility, admission, and continuing occupancy by tenants in units receiving tenant-based voucher assistance under this section shall not be inconsistent with this section or § 6-226.

(5)(A) The Authority shall allow applicants or participants to self-certify any required eligibility, admission, or continued occupancy factors when an applicant cannot easily obtain verification documentation.

(B) Self-certification by the applicant at the time of initial eligibility shall be final and remain sufficient for purposes of continued occupancy recertifications.

(6) Existing rules, regulations, policies, and procedures affecting the Rent Supplement Program shall be submitted to the Council for Council review.

(b) Eligible households shall be selected from the individuals and families referred to the Authority pursuant to subsection (c) of this section or the Authority’s Housing Choice Voucher Program waiting list according to rules established by the Authority for selection and admission, with the following additional limitations:

(1) Eligible households shall be extremely low-income; and

(2)(A)(i) The Authority shall develop rules that give preference in awarding a percentage of the vouchers funded under this program to District residents who are homeless applicants with one or more children under 18 years of age.

(ii) The percentage to be applied in sub-subparagraph (i) of this subparagraph shall be determined by the Authority and shall be included in the rules adopted for the program.

(B) Notwithstanding subparagraph (A) of this paragraph, in Fiscal Year 2022, preference in awarding all vouchers funded under this program shall be given to District residents who are homeless applicants with one or more children under 18 years of age.

(C) Families who participate in time-limited housing programs shall be considered homeless for purposes of this paragraph.

(c) Individuals and families may be referred for eligibility determination to the Authority by the Department of Human Services or by another District agency designated by the Mayor.

(d) Families and individuals housed in the Rapid Rehousing Program administered by the Department of Human Services or by another District agency designated by the Mayor may be referred to the Authority for the Local Rent Supplement Program for eligibility determination.

(e) Households that no longer require supportive services under the Permanent Supportive Housing Program but still require long term housing assistance may be referred by the Department of Human Services, or another District agency designated by the Mayor, to the Authority for the Local Rent Supplement Program for eligibility determination.

(f) Agencies within the District government may refer individuals 62 years of age and older to the Authority for eligibility determination for the Local Rent Supplement Program if the individuals are:

(1) Returning citizens within the meaning of § 24-1301(5);

(2) LGBTQ individuals within the meaning of § 2-1381(2); or

(3) Persons with a disability as defined in section 3(1)(A) of the Americans with Disabilities Act of 1990, approved July 26, 1990 (104 Stat. 329; 42 U.S.C. § 12102(1)(A)).

(f-1) Agencies within the District government may refer individuals and families who have been victims of gun violence or are at risk of gun violence to the Authority for eligibility determination for the Local Rent Supplement Program.

(g)(1) In addition to the uses authorized by subsection (a) of this section, funds allocated for tenant-based assistance may be used to assist an eligible household in paying a security deposit and application fee for a housing unit the eligible household is leasing or intending to lease under the Authority's Housing Choice Voucher Program.

(2) For the purposes of this subsection, the term "eligible household" means a household determined by the Authority to be eligible for tenant-based voucher assistance.