2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 7A - Services for Homeless Individuals and Families › Subchapter III - Continuum of Care › § 4–753.01. Continuum of Care for individuals and families who are homeless

§ 4–753.01. Continuum of Care for individuals and families who are homeless.
*NOTE: This section includes amendments by temporary legislation that will expire on July 10, 2024. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*
*NOTE: This section includes amendments by temporary legislation that will expire on July 10, 2024. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*
(a) The District’s provision of homeless services shall be based on a Continuum of Care that offers a comprehensive range of services through various member agencies and is designed to meet the specific, assessed needs of individuals and families who are homeless or at risk of homelessness. The District shall respond to the changing needs of individuals and families by ensuring that transfer between and among services within the Continuum of Care is fluid and allows clients to modify the intensity of services they receive to meet their needs, preferences, and changing circumstances.
(b) The Continuum of Care may include the following range of services:
(1) Crisis intervention for the purpose of preventing homelessness by enabling individuals and families at risk of homelessness to remain in or access permanent housing; provided, that the Mayor shall not offer crisis intervention services authorized by this paragraph until the Chief Financial Officer has certified the availability of fiscal year 2006 funding pursuant to section 1016(5) of D.C. Law 16-33;
(2) Outreach and assessment, including the operation of a hotline, for the purpose of identifying the housing and supportive service needs of individuals and families who are homeless or at risk of homelessness and linking them to appropriate services;
(3) Shelter to meet the emergency housing needs of individuals and families who are homeless through the provision of:
(A) Severe weather shelter for the purpose of protecting lives in extreme hot and cold weather;
(B) Low barrier shelter for individuals for the purpose of sheltering and engaging individuals who avoid temporary shelter because of identification, time limit, or other program requirements;
(C) Temporary shelter for individuals and families for the purpose of meeting short-term housing needs and other supportive service needs; and
(D) Transitional housing for the purpose of providing eligible individuals and families who are homeless with up to 24 months of assistance to prepare them for self-sufficient living in permanent housing.[;]
(4) Programs, which may be of short-term or long-term duration, to assist individuals and families who are homeless or at risk of homelessness to obtain and maintain permanent housing, and may include:
(A) Permanent supportive housing for the purpose of providing eligible individuals and families experiencing chronic homelessness or at risk of experiencing chronic homelessness, with ongoing housing and supportive service; or
(B)(i) Rapid Re-Housing programs for the purpose of providing housing relocation and stabilization services and time-limited rental assistance to help a homeless individual or family move as quickly as possible into permanent housing and achieve stability in that housing.
(ii) The Department, or the Department's designee, shall consider requests for Family Re-Housing Stabilization Program ("FRSP") assistance extending past 12 months if:
(I) There is funding available within FRSP;
(II) The participant has requested an extension in writing;
(III) The participant has made a good faith effort towards the achievement of goals set forth in an individualized plan with the aim of a targeted progression towards exit from the supports of FRSP, as observed by the service provider at consistent intervals, but cannot yet sustain housing stability independently of FRSP; and
(IV) The participant has not yet been approved for permanently affordable housing.
(iii) When making a determination of whether to grant a participant in FRSP an extension beyond 12 months, the Department or Department's designee shall:
(I) Consider the totality of the circumstances; and
(II) Grant extensions of time in increments not greater than 6 months, with regular formal reviews every 3 months to ensure that participants are given the support necessary to exit FRSP with stable housing."
(iv) If a requested extension of FRSP assistance by a participant is denied, the participant shall be given 30 days written notice prior to the final subsidy payment explicitly setting forth the reason for the denial of additional assistance and inform the participant that the FRSP participant has a right to:
(I) Appeal the determination through a fair hearing and administrative review, including deadlines for requesting an appeal; and
(II) The continuation of FRSP services pending the outcome of any fair hearing requested within 15 days of receipt of written notice of a termination.
(5) Supportive services for the purpose of providing individuals and families who are homeless or at risk of homelessness with services that address their housing, employment, physical health, mental health, alcohol and other substance abuse recovery, child care, case management, transportation, and other health and social service needs which, if unmet, may be barriers to obtaining or maintaining permanent housing. These services may, but need not, be delivered through day programs, drop-in centers, shelters, and transitional and permanent supportive housing providers, or through referrals to other appropriate service providers; and
(6) Services designed to alleviate the high risk of homelessness faced by LGBTQ youth.
(c)(1) Whenever the actual or forecasted temperature, including the wind chill factor, falls below 32 degrees Fahrenheit, or whenever the actual or forecasted temperature or heat index rises above 95 degrees Fahrenheit, the District shall make available appropriate space in District of Columbia public or private buildings and facilities for any resident of the District who is homeless and cannot access other housing arrangements. The District may make such space available for any person who is not a resident of the District, is homeless, and cannot access other housing arrangements; provided, that the District shall give priority to residents of the District.
(2) In making appropriate space available in District of Columbia public or private buildings and facilities, the District shall not use District of Columbia Public Schools buildings currently being used for educational purposes without the prior approval of the Mayor.
(3)(A) Low-barrier shelters and severe weather shelters operating as low-barrier shelters shall not be required to receive demonstration of residency or prioritize District residents.
(B) The Mayor shall determine that a person seeking shelter by reason of domestic violence, sexual assault, human trafficking, refugee status, or asylum, is a resident of the District without receiving a demonstration of District residency in accordance with § 4-751.01(32); except, that if the Mayor can demonstrate that a person seeking asylum is eligible for and will receive shelter under Chapter 7C of this title, or any subsequently enacted act substantially similar to Chapter 7C of this title, the Mayor may direct that person to the Office of Migrant Services to obtain shelter.
(4) For the purposes of this subsection the term “cannot access other housing arrangements” means that the homeless person is living in a place not intended as a residence, such as outdoors, in a vehicle, or in a condemned or abandoned building or is living in a situation that is dangerous to the health or safety of the person or of any family member.
(d)(1) Except as provided in paragraph (2) of this subsection, when the Mayor places a family in shelter pursuant to this act, the shelter shall be one or more apartment-style units, or one or more DC General Family Shelter replacement units.
(2) If an apartment-style unit or a DC General Family Shelter replacement unit is not available when the Mayor places a family in shelter pursuant to this chapter, the Mayor may place that family in one or more private rooms that are not apartment-style units or DC General Family Shelter replacement units.
(3) Buildings composed of DC General Family Shelter replacement units shall include, at minimum:
(A) A private bathroom, including a toilet, sink, and bathtub or shower, in at least 10% of the DC General Family Shelter replacement units;
(B) For every 2 DC General Family Shelter replacement units, one private, lockable bathroom that includes a toilet, sink, and bathtub shall be accessible to all residents.
(C) Repealed.
(4) The Mayor shall maintain within the District’s shelter inventory a minimum of 121 apartment-style units.
(5) Once constructed, the Mayor shall maintain within the District’s shelter inventory a minimum of 270 DC General Family Shelter replacement units.
(e) Pursuant to § 4-756.02, the Mayor shall issue rules on the administration of emergency assistance grants offered as crisis intervention services to individuals and families in need of cash assistance for mortgage, rent, or utility bills in arrears or for a security deposit or first month’s rent.
(f)(1) The Mayor may require clients to establish and contribute to a savings or escrow account, or other similar savings arrangement. The savings or escrow arrangement shall be customized to each client so as not to jeopardize another benefit program and to allow for reasonable and necessary expenses.
(2) A client shall not be terminated for failing to contribute to a savings or escrow account or similar savings arrangement; provided, that other sanctions may be imposed as provided by rule.
(3) Pursuant to § 4-756.02, the Mayor shall issue rules on the establishment of any mandatory savings or escrow accounts, or other similar savings arrangements, authorized by this section. The rules shall provide exceptions to the requirement for mandatory savings or escrow accounts, or other similar savings arrangements.
(g) The annual Point-in-Time survey conducted pursuant to regulations of the Department of Housing and Urban Development shall include data collection regarding the sexual orientation and gender identity of each individual counted, subject to the individual’s discretion to decline to provide that information.
(h) Repealed.
(i) No later than 180 days after February 26, 2015, and annually thereafter, the Department of Human Services, in coordination with the Interagency Council, shall conduct a youth census, separate from the annual Point-in-Time survey, to determine the needed scale and scope of a comprehensive program to end youth homelessness in the District. The youth census shall:
(1) Count all children and youth under 18 years of age who are living apart from a parent or guardian, excluding those who are in the physical custody of the District, and all youth between the ages of 18 and 24 years of age who are economically or emotionally detached from their families and lack an adequate or fixed residence, including children and youth who are unstably housed, living in doubled up circumstances, in transitional housing, in shelter, or on the street;
(2) For each child or youth counted, record basic demographic information including age, race, and gender identification, the location where the child or youth stayed the night before the count, the child or youth’s education and employment status, and membership in pertinent subgroups based on sexual orientation, gender orientation, pregnancy or parenting status, or involvement in the foster care or juvenile or adult criminal justice systems;
(3) Identify patterns in responses describing factors leading to homelessness;
(4) Identify patterns in responses describing services used and gaps in service;
(5) Be conducted over a period of at least one week, controlling for duplication by assigning each child or youth a unique identifier; and
(6) Include multiple strategies and entry points to identify homeless children and youth.
(Oct. 22, 2005, D.C. Law 16-35, § 7, 52 DCR 8113; Mar. 14, 2007, D.C. Law 16-296, § 2(e), 54 DCR 1097; Apr. 8, 2011, D.C. Law 18-367, § 2(b), 58 DCR 987; Dec. 24, 2013, D.C. Law 20-61, § 5182(c), 60 DCR 12472; May 3, 2014, D.C. Law 20-100, § 2(d), 61 DCR 1873; Feb. 26, 2015, D.C. Law 20-155, § 5102(c), 61 DCR 9990; Mar. 11, 2015, D.C. Law 20-212, § 2(b), 61 DCR 13077; Feb. 27, 2016, D.C. Law 21-75, §§ 2(b), 3, 63 DCR 257; Feb. 28, 2018, D.C. Law 22-65, § 2(b), (g), 65 DCR 331; Nov. 28, 2023, D.C. Law 25-72, § 201(b), 70 DCR 13839; Nov. 28, 2023, D.C. Law 25-75, § 2, 70 DCR 13812.)
Section References
This section is referenced in § 4-753.01a, § 4-753.04, § 4-754.13, § 4-754.32, and § 19-701.
Effect of Amendments
The 2013 amendment by D.C. Law 20-61 added (f).
D.C. Law 16-296 added subsec. (e).
D.C. Law 18-367 rewrote subsecs. (c) and (d).
The 2014 amendment by D.C. Law 20-100 added (b)(6) and made related changes; and added (g).
The 2015 amendment by D.C. Law 20-155 added (h) and (i).
The 2015 amendment by D.C. Law 20-212 would have added (d)(3).
The 2016 amendment by D.C. Law 21-75 repealed the amendment by D.C. Law 20-212; and rewrote (d).
Emergency Legislation
For temporary (90 days) amendment of this section, see § 2(b) of Family Re-Housing Stabilization Program Protection Congressional Review Emergency Amendment Act of 2023 (D.C. Act 25-273, Oct. 26, 2023, 70 DCR 14472).
For temporary (90 days) amendment of this section, see § 201(b) of Migrant Services and Supports Extension Congressional Review Emergency Amendment Act of 2023 (D.C. Act 25-272, Oct. 26, 2023, 70 DCR 14468).
For temporary (90 days) amendment of this section, see § 2(b) of Family Re-Housing Stabilization Program Protection Emergency Amendment Act of 2023 (D.C. Act 25-196, July 31, 2023, 70 DCR 10740).
For temporary (90 days) amendment of this section, see § 201(b) of Migrant Services and Supports Extension Emergency Amendment Act of 2023 (D.C. Act 25-193, July 27, 2023, 70 DCR 10729).
For temporary (90 days) amendment of this section, see § 3(b) of Migrant Services Eligibility Clarification Emergency Amendment Act of 2023 (D.C. Act 25-69, Apr. 24, 2023, 70 DCR 6115).
For temporary (90 days) amendment of this section, see § 201 of Migrant Services and Supports Emergency Amendment Act of 2022 (D.C. Act 24-553, Sept. 30, 2022, 0 DCR 0).
For temporary (90 days) requirement that demolition at the current D.C. General Family Shelter site meet all applicable environmental, health, and safety standards and that current D.C. General Family Shelter residents be relocated into safe, appropriate housing, see § 2 of D.C. General Resident Relocation Emergency Act of 2018 (D.C. Act 22-430, July 31, 2018, 65 DCR 7996).
For temporary (90 days) establishment of the Center for Creative Non-Violence and District Government Task Force, see § 2 of the CCNV Task Force Emergency Act of 2013 (D.C. Act 20-147, August 2, 2013, 60 DCR 11809, 20 DCSTAT 2000).
For temporary (90 days) homeless prevention and rapid re-housing pilot, see §§ 5172 and 5173 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).
For temporary (90 days) amendment of this section, see § 5182(c) of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).
For temporary (90 days) homeless prevention and rapid re-housing pilot, see § 5172 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).
For temporary (90 days) amendment of this section, see § 5182(c) of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).
For temporary (90 days) establishment of the Center for Creative Non-Violence and District Government Task Force, see §§ 2 and 3 of the CCNV Task Force Congressional Review Emergency Act of 2013 (D.C. Act 20-226, November 29, 2013, 60 DCR 16772, 20 STAT 2616).
For temporary (90 days) amendment of this section, see § 5102(c) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).
For temporary (90 days) amendment of this section, see § 5102(c) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).
For temporary (90 days) amendment of this section, see § 5102(c) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).
For temporary (90 days) amendment of this section, see § 2(b) of the Interim Eligibility and Minimum Shelter Standards Emergency Amendment Act of 2015 (D.C. Act 21-217, Nov. 30, 2015, 62 DCR 15648).
For temporary (90 days) amendment of this section, see §§ 2(b) and 3 of the Interim Eligibility and Minimum Shelter Standards Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-326, Mar. 3, 2016, 63 DCR 3658).
Temporary Legislation
For temporary (225 days) amendment of this section, see § 2(b) of Family Re-Housing Stabilization Program Protection Temporary Amendment Act of 2023 (D.C. Law 25-75, Nov. 28, 2023, 70 DCR 13812).
For temporary (225 days) amendment of this section, see § 201(b) of Migrant Services and Supports Extension Temporary Amendment Act of 2023 (D.C. Law 25-72, Nov. 28, 2023, 70 DCR 13839).
For temporary (225 days) amendment of this section, see § 3(b) of Migrant Services Eligibility Clarification Temporary Amendment Act of 2023 (D.C. Law 25-29, July 20, 2023, 70 DCR 7919).
For temporary (225 days) amendment of this section, see § 201(b) of Migrant Services and Supports Temporary Amendment Act of 2022 (D.C. Law 24-234, Dec. 21, 2022, 69 DCR 13991).
For temporary (225 days) requirement that demolition at the current D.C. General Family Shelter site meet all applicable environmental, health, and safety standards and that current D.C. General Family Shelter residents be relocated into safe, appropriate housing, see § 2 of D.C. General Resident Relocation Temporary Act of 2018 (D.C. Law 22-188, Nov. 27, 2018, 65 DCR 11412).
For temporary (225 days) establishment of the Center for Creative Non-Violence and District Government Task Force, see § 2 of the CCNV Task Force Temporary Act of 2013 (D.C. Law 20-45, December 5, 2013, 60 DCR 14959).
Short Title
Section 5171 of D.C. Law 20-61 provided that Subtitle P of Title V of the act may be cited as the “Homelessness Prevention and Rapid Re-Housing Pilot Initiatives Emergency Act of 2013”.
Section 5181 of D.C. Law 20-61 provided that Subtitle Q of Title V of the act may be cited as the ““Homeless Services Reform Emergency Amendment Act of 2013”.
References in Text
Section 1016(5) of D.C. Law 16-33, referred to in par. (1) of subsec. (b), is published at 52 DCR 7503.
Editor's Notes
Section 5172 of D.C. Law 20-61 provided for the planning and implementation of an Emergency Rental Assistance Program (“ERAP”) pilot initiative and a Rapid Re-Housing (“RRH”) pilot initiative.
Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.
Section 3 of D.C. Law 20-212 provided that the act shall take apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.
Mayor's Orders
Extension of Disaster Relocation and Rental Assistance Program Benefits Pursuant to Mayor’s Order 2008-63, effective April 10, 2008, see Mayor’s Order 2010-96, June 4, 2010 ( 57 DCR 4917).
Establishment of Emergency Rental Assistance Program and Delegation of Authority Pursuant to D.C. Law 16-35, the Homeless Services Reform Act of 2005, see Mayor’s Order 2006-115, August 30, 2006 ( 53 DCR 7550).
Establishment of a Disaster Relocation and Rental Assistance Program, see Mayor’s Order 2008-63, April 10, 2008 ( 55 DCR 5516).
Extension of Disaster Relocation and Rental Assistance Program Benefits Pursuant to Mayor’s Order 2008-63, effective April 10, 2008, see Mayor’s Order 2010-96, June 4, 2010 ( 57 DCR 4917).