2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 7A - Services for Homeless Individuals and Families › Subchapter III - Continuum of Care › § 4–753.08. Emergency rental assistance

§ 4–753.08. Emergency rental assistance.
(a)(1) To qualify for emergency rental assistance funds made available pursuant to this section ("Emergency Rental Assistance Funds"), an applicant unit shall be required to meet only the following eligibility criteria:
(A) Be living in the District of Columbia at the time of application;
(B) Be presented with an emergency situation that he or she has no other available resources to resolve, while still meeting other basic needs; and
(C) Have a net income, combined with the net income of any other individual within the applicant unit that, in the 30 days immediately preceding the date of application, does not exceed 40% of the Area Median Income for the District of Columbia for the specified household size.
(2)(A) To qualify for Emergency Rental Assistance Funds, an applicant unit may be required to document or otherwise establish:
(i) That the applicant unit is living in the District of Columbia at the time of application;
(ii) The applicant unit's household income and assets;
(iii) The number of bedrooms in the unit occupied by the applicant unit;
(iv) The number of people in the applicant unit's household; and
(v) The facts and circumstances surrounding rental arrearages, the security or damage deposit, or the first month's rent, including that the applicant unit is responsible for payment.
(B) Other than the requirements listed in subparagraph (A) of this paragraph, no other documentation or proof shall be required.
(3) Provided that an applicant unit is eligible to receive Emergency Rental Assistance Funds, but is unable to provide sufficient documentation or proof for the purposes of paragraph (2)(A) of this subsection, an unsworn declaration made under penalty of perjury shall be considered sufficient documentation or proof to establish eligibility.
(4) To qualify for Emergency Rental Assistance Funds, an applicant unit shall not be required to provide documentation or proof that the members of the applicant unit are related by blood, legal adoption, marriage or domestic partnership, or legal guardianship.
(5) Case management or other services shall not be required as a condition to qualify for Emergency Rental Assistance Funds.
(b)(1) Emergency Rental Assistance Funds shall not be paid to the applicant unit but instead directly to a vendor providing a service to the applicant unit or into the court registry.
(2) If eviction is imminent, or if the applicant unit has a current rent arrearage at least 30 days past due, Emergency Rental Assistance Funds may be utilized to pay rent arrearages, late fees, or associated court fees.
(3)(A) The total payment of Emergency Rental Assistance Funds on behalf of an applicant unit for rent arrearages, late fees, and associated court fees shall not exceed an amount equal to 5 times the applicable fair market monthly rent for the Washington-Arlington-Alexandria Metropolitan area based on unit size and zip code, as established by the U.S. Department of Housing and Urban Development; provided, that the total payment limit may be waived if:
(i) The applicant unit lives with 6 or more individuals and reasonable alternatives to the existing housing arrangement are not available;
(ii) An individual living with the applicant unit has a physical or mental disability or an extended illness such that loss of existing housing would pose a serious threat to the health or safety of that individual; or
(iii) The applicant unit is applying for Emergency Rental Assistance Funds during a public health emergency declared pursuant to § 7-2304.01, or within 180 days after its conclusion.
(B) During a public health emergency, and for 180 days after its conclusion, an arrearage paid with Emergency Rental Assistance Funds may be for as many months of rent as the total number of months that the public health emergency has been in effect or was in effect.
(4) No payment shall be made when payment of Emergency Rental Assistance Funds up to the amount authorized by this section would not substantially alleviate an emergency situation during the 30-day period immediately following the authorization of payment unless the applicant unit demonstrates that a housing provider will:
(A) Accept partial payment in full satisfaction of the outstanding rent due; or
(B) Enter into a longer-term repayment plan for the payment of the remaining balance of unpaid rent.
(5)(A) The use of Emergency Rental Assistance Funds to cover a security or damage deposit shall only be authorized if the housing provider does not waive the deposit and:
(i) The applicant unit is or will become homeless if assistance is not provided; or
(ii) The purpose of the assistance is to reunite a child less than 18 years of age with his or her family or to prevent separation of a child less than 18 years of age from his or her family.
(B) The maximum payment for a security or damage deposit shall be the actual amount of the deposit, which may not exceed the amount of one month's unsubsidized rent, as specified by the housing provider.
(6)(A) Assistance may be authorized for the first month's rent if:
(i) The applicant unit is eligible for a security deposit payment as pecified in paragraph (5)(A) of this subsection;
(ii) The first month's rent must be paid in conjunction with the security deposit in order for the applicant unit to assume tenancy; and
(iii) The applicant unit has no other means of paying for the first month's rent at the time it is required.
(B) The maximum emergency assistance payment for the first month's rent under this paragraph shall not exceed the actual amount of one month's unsubsidized rent, as specified by the housing provider.
(c) An applicant unit that has met the eligibility standards set forth in this section shall qualify for Emergency Rental Assistance Funds; except, that the agency may provide funding on a first come, first served basis and subject to the availability of funds.
(c-1)(1) Beginning October 31, 2023, the Mayor shall transmit a report to the Council every month that funds remain available for the Emergency Rental Assistance Program that provides the following information related to the program:
(A) The number of applications:
(i) Received in the current fiscal year;
(ii) Pending review;
(iii) Approved with funds disbursed;
(iv) Approved and pending payment;
(v) Denied; and
(vi) In the process of an appeal;
(B) The amount of funding for the current fiscal year that has been:
(i) Disbursed;
(ii) Committed; and
(iii) Remaining; and
(C) The projected date funds will be exhausted based on application and payment trends.
(2)(A) The reports required by paragraph (1) of this subsection shall be posted conspicuously on the Department of Human Services website and the application portal website for Emergency Rental Assistance funds.
(B) The Mayor shall not pass costs incurred or administrative obligations required pursuant to paragraph (1) of this subsection on to community-based organizations that support the disbursal of Emergency Rental Assistance funds; except, that the Mayor may request the cooperation of community-based organizations to provide accurate reporting.
(3) The Mayor shall provide one month of public notice before the anticipated closing date of the application portal for Emergency Rental Assistance funds.
(4) When the application portal for Emergency Rental Assistance funds closes due to projected funding exhaustion, the Mayor shall report quarterly to the Council the number of inquiries or requests related to emergency rental assistance received through any means by the Department of Human Services.
(d) For purposes of this section, the term:
(1) "Applicant unit" means an individual who is applying for Emergency Rental Assistance Funds pursuant to this section for his or her own needs or the needs of those with whom he or she lives.
(2) "Basic needs" includes groceries, childcare, utilities, and car payments.
(3) "Emergency situation" means a situation in which immediate action is necessary to avoid homelessness or eviction, to re-establish a home, or otherwise to prevent displacement from a home.
(4) "Living in the District of Columbia" means that an individual is maintaining a home in the District as his or her principal residence or, if he or she is homeless, that he or she is physically present in the District and not a resident of another state.
(Oct. 22, 2005, D.C. Law 16-35, § 8f; as added Mar. 10, 2023, D.C. Law 24-287, § 101(b), 70 DCR 538; Sept. 6, 2023, D.C. Law 25-50, § 2122, 70 DCR 10366.)
Emergency Legislation
For temporary (90 days) creation of this section, see § 2(b) of Emergency Rental Assistance Reform Emergency Amendment Act of 2022 (D.C. Act 24-566, Oct. 17, 2022, 0 DCR 0).
For temporary (90 days) creation of this section, see § 2(b) of Emergency Rental Assistance Reform Emergency Amendment Act of 2021 (D.C. Act 24-195, Nov. 1, 2021, 68 DCR 011603).
For temporary (90 days) creation of this section, see § 2 of Emergency Rental Assistance Reform Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-50, Mar. 30, 2021, 68 DCR 003464).
For temporary (90 days) creation of this section, see § 2(b) of Emergency Rental Assistance Reform Emergency Amendment Act of 2020 (D.C. Act 23-455, Nov. 4, 2020, 67 DCR 13218).
Temporary Legislation
For temporary (225 days) creation of this section, see § 2(b) of Emergency Rental Assistance Reform Temporary Amendment Act of 2022 (D.C. Law 24-230, Dec. 21, 2022, 69 DCR 14011).
For temporary (225 days) creation of this section, see § 2(b) of Emergency Rental Assistance Reform Temporary Amendment Act of 2021 (D.C. Law 24-60, Feb. 18, 2022, 68 DCR 013214).
For temporary (225 days) creation of this section, see § 2(b) of Emergency Rental Assistance Reform Temporary Amendment Act of 2020 (D.C. Law 23-254, Mar. 16, 2021, 67 DCR 13955).