ENROLLED ORIGINAL
AN ACT
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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To amend the District of Columbia Housing Authority Act of 1999 to allow applicants for local
rent supplement vouchers to self-certify eligibility factors and to prohibit the Housing
Authority from inquiring into an applicant’s immigration status or prior criminal arrests,
convictions, or pending criminal matters aside from specific circumstances.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
act may be cited as the “Local Rent Supplement Program Eligibility Amendment Act of 2024”.
Sec. 2. The District of Columbia Housing Authority Act of 1999, effective May 9, 2000
(D.C. Law 13-105; D.C. Official Code § 6-201 et seq.), is amended as follows:
(a) Section 2 (D.C. Official Code § 6-201) is amended by adding a new paragraph (12A)
to read as follows:
“(12A) “Criminal background information” means information about criminal
arrests, criminal convictions, or pending criminal matters.”.
(b) Section 26a (D.C. Official Code § 6-226) is amended as follows:
(1) Subsection (a) is amended by striking the phrase “The assistance under this
section, section 26b, and section 26c” and inserting the phrase “Rent Supplement Program
assistance” in its place.
(2) Subsection (b) is amended as follows:
(A) Paragraph (1) is amended by striking the phrase “the program’s” and
inserting the phrase “the Rent Supplement Program’s” in its place.
(B) Paragraph (2) is amended by striking the phrase “the program’s” and
inserting the phrase “the Rent Supplement Program’s” in its place.
(C) Paragraph (3) is amended by striking the phrase “tenant-based voucher
assistance” and inserting the phrase “tenant-based Rent Supplement Program voucher assistance”
in its place.
(3) Subsection (c) is amended to read as follows:
“(c) Except as otherwise provided in District law, the Authority shall administer the Rent
Supplement Program according to the same policies and procedures as the federal Housing
Choice Voucher Program, including any administrative plan regulations that the Authority
promulgates pursuant to federal law, as applicable. The Authority shall promulgate any
additional rules, which are specific to the Rent Supplement Program and are needed to conform
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to District law, including the eligibility requirements in section 26d-4 and the limitation to
extremely low-income households. Such additional rules shall be submitted to the Council for a
45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council
recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by
resolution within this 45-day review period, the proposed rules shall be deemed approved.
Nothing in this subsection shall be interpreted to limit the applicability of section 26d-4 prior to
the promulgation of such additional rules.”.
(c) Section 26b(c) (D.C. Official Code § 6-227(c)) is repealed.
(d) A new section 26d-4 is added to read as follows:
“Sec. 26d-4. Rent Supplement Program eligibility and rules.
“(a)(1) Except as provided in this subsection, the Authority shall not inquire about or
consider any information about citizenship, immigration status, or criminal background
information for the purposes of eligibility, admission, or continued participation in the Rent
Supplement Program.
“(2) If a housing unit supported with Rent Supplement Program assistance also
receives federal low-income housing tax credits or other federal subsidies that are limited based
on a participant’s citizenship, immigration status, or criminal background information, then the
Authority may inquire into and consider such information about a participant to the extent
necessary to establish the participant’s eligibility for the unit.
“(3)(A) The Authority may consider criminal background information for
purposes of a person’s continued participation in the Rent Supplement Program if the Authority
establishes, through a preponderance of evidence, that the person has engaged in criminal
activity while participating in the Rent Supplement Program and that the person’s continued
participation would threaten the safety and well-being of other residents. The Authority may
inquire about a person’s criminal background information for purposes of conducting such an
evaluation. The Authority shall not terminate a person’s participation in the Rent Supplement
Program based solely on a criminal arrest.
“(B) If the Authority terminates a person’s Rent Supplement Program
participation pursuant to this paragraph, then the Authority shall seek the person’s consent to
disclose the termination and the basis for the termination to the Department of Human Services
and the Department of Behavioral Health for purposes of facilitating continuity of support. If the
person provides such consent, the Authority shall make such disclosure within 2 business days
after the termination.
“(b)(1) Except as provided in this subsection, the Authority shall allow a Rent
Supplement Program applicant or participant to self-certify any required eligibility or admission
factors when neither the applicant nor participant or the Authority can easily obtain verification
documentation.
“(2) If a person relies on self-certification for purposes of identification, the
Authority shall provide the person with contact information for service provider organizations
that may be able to assist with securing identity documentation. The Authority may require
documentation of a participant’s identification for purposes of a routine recertification; provided,
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that the Authority first provides notice to the participant of the documentation the Authority
requires in accordance with its recertification notice regulations.
“(3) The Authority may rely on verifiable evidence that contradicts an applicant
or participant’s self-certification; provided, that the Authority provides the applicant or resident
with a copy of the evidence and a meaningful opportunity to contest it.
“(c) Nothing in this section shall be construed to constrain the Authority’s administration
of federal funds, including the Housing Choice Voucher program.”.
Sec. 3. Fiscal impact statement.
The Council adopts the fiscal impact statement in the committee report as the fiscal
impact statement required by section 4a of the General Legislative Procedures Act of 1975,
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
Sec. 4. Effective date.
This act shall take effect following approval by the Mayor (or in the event of veto by the
Mayor, action by the Council to override the veto) and a 30-day period of congressional review
as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December
24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)).
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Chairman
Council of the District of Columbia
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Mayor
District of Columbia
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