MURIEL BOWSER
MAYOR
December 5, 2022
‘The Honorable Phil Mendelson
Chairman
Council of the District of Columbia
1350 Pennsylvania Avenue, NW, Suite 504
Washington, DC 20004
Dear Chairman Mendelson:
Enclosed for consideration and adoption by the Council ofthe District ofColumbia, pursuant to section 31
of the Homeless Services Reform Act of 2005, effective October 22, 2005 (D.C. Law 16-35; D.C. Official
Code § 4-756.02), is the “Targeted Affordable Housing Program Rules Approval Resolution of 2022”.
The resolution would approve rules that establish requirements and procedures for the District’s Targeted
Affordable Housing (TAH) Program, which supports individuals and families in maintaining housing with
a permanent housing voucher. These rules also satisfy the Department's requirement under the Local Rent
‘Supplement Program Enhancement Emergency Amendment Act of 2021 to promulgate rules “governing
the referral of applicants to the [District of Columbia Housing] Authority for tenant-based voucher
assistance, including eligibility criteria for Targeted Affordable Housing,” See section 2042(b)(3) of the
Fiscal Year 2022 Budget Support Emergency Act of 2021, effective August 23, 2021 (D.C. Act 24-159;
68 DCR 8602).
1 urge the Council to take prompt and favorable action on this proposed resolution.
Sincerely,
Murél Bowser
Enclosures
SeocordsHawn
irman Phil Mendelson
at the requestofthe Mayor
A PROPOSED RESOLUTION
u
12 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA,
13
14
15
16 To approve proposed rules to implement the Targeted Affordable Housing Program.
17
18 RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
19 resolution may be cited as the “Targeted Affordable Housing Program Rules Approval
20 Resolution of 2022”.
21 Sec. 2. Pursuant to section 31ofthe Homeless Services Reform Actof2005, effective
2 October 21, 2005 (D.C. Law 16-35; D.C. Official Code § 4-756.02), the Council approves the
2B proposed final rulesof the Directorofthe Department of Human Services to amend Chapter 25
24 (Shelter and Supportive Housing for Individuals and Families)ofTitle 29 (Public Welfare)of the
25 District ofColumbia Municipal Regulations, regarding the implementationofthe Targeted
26 Affordable Housing Program, which were transmitted to the Council by the Mayor on ~
27 Sec. 3. Transmittal.
28 The Council shall transmit a copyofthis resolution, upon its adoption, to the Mayor, the
29 Directorofthe Department ofHuman Services, and the Administrator of the Office of
30 Documents and Administrative Issuances.
31 Sec. 4, Fiscal impact statement.
32 The Council adopts the fiscal impact statement in the committee report as the fiscal
33 impact statement required by section 4aofthe General Legislative Procedures Act of 1975,
34 approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
35 Sec. 5. Effective date.
36 This resolution shall take effect immediately.
 DEPARTMENT OF HUMAN SERVICES
(OTICE OF FINAL RULEMAKING
The Directorofthe Department of Human Services (“Department”), pursuant to the authority set
forth in Section 31 of the Homeless Services Reform Act of 2005 (“HSRA”), effective October
22, 2005 (D.C. Law 16-35; D.C. Official Code § 4-756.02 (2012 Repl.)), and Mayor's Order 2006-
20 dated February 13, 2006, hereby gives notice of the adoption of the following amendment to
Chapter 25 (Shelter and Supportive Housing for Individuals and Families) of Title 29 (Public
Welfare)ofthe District of Columbia Municipal Regulations.
This rulemaking amends the existing Chapter 25 to include requirements and procedures for the
Department's Targeted Affordable Housing (TAH) Program, which supports individuals and
families in maintaining housing with a permanent housing voucher. Chapter 25 includes the main
body of regulations implementing the HSRA and governing the District’s homeless services
programs administered by the Department. These rules also satisfy the Department’s requirement
under the Local Rent Supplement Program Enhancement Emergency Amendment Act of 2021 to
promulgate rules “governing the referral of applicants to the [District of Columbia Housing]
Authority for tenant-based voucher assistance, including eligibility criteria for Targeted
Affordable Housing.” See section 2042(b)(3)ofthe Fiscal Year 2022 Budget Support Emergency
Act of 2021, effective August 23, 2021 (D.C. Act 24-159; 68 DCR 8602).
Theserules were first published as emergency and proposed rules in the D.C. Register on June 10,
2022, at 69 DCR 6715. The emergency rules were adopted on March 30, 2022, and became
effective on that date. A second emergency rulemaking was adopted on July 28, 2022, and
published in the D.C. Register on September 30, 2022, at 69 DCR 11799. These final rules are
identical to the proposed rules, in response to which the District received no public comments.
Further, in accordance with section 31ofthe HSRA (D.C. Official Code § 4-756.02), the proposed
final rules were submitted to the Council for a forty-five (45) day period of review and were
deemed approved on November 2022, pursuant to PR 24.
On 202, the Director of the Department adopted these rules as final, and the rules shall
become effective upon publicationofthis notice in the D.C. Register.
Chapter 25, SHELTER AND SUPPORTIVE HOUSING FOR INDIVIDUALS AND
FAMILIES, of Title 29 DCMR, PUBLIC WELFARE, is amended by adding new sections
2570 through 2573 to read as follows:
2570 TARGETED AFFORDABLE HOUSING PROGRAM - PURPOSE AND
SCOPE
2570.1 The purpose of the Targeted Affordable Housing Program (TAH) is to combine
rental assistance with supportive services to individuals and families who:
 (@) Are chronically homeless or are at riskof chronic homelessness, as defined
in section 2(5A) and (6C)ofthe Act (D.C. Official Code § 4-751.01(5A)
and (6C)), or, in the caseof a family, have a household member with a
condition describedin § 2571.1(c); and
(®) Do not require monthly case management engagement to remain stably
housed.
2570.2 Participation in TAH is contingent upon referral through the District’s Coordinated
Assessment and Housing Placement (CAHP) process and successful application for
a rental subsidy through the Local Rent Supplement Program, as administered
under sections 26a and 26cofthe District of Columbia Housing Authority Act of
1999, effective March 2, 2007 (D.C. Law 16-192; D.C. Official Code §§ 6-226 and
6-228),
2570.3 (a) TAH consists ofa rental subsidy and supportive services for an unrestricted
periodoftime.
() Supportive services may include light touch case management, outreach
and engagement, assessment, unit identification assistance, application
assistance, and referrals to community-based resources and services.
(©) For the purposes of sections 2570 through 2573, “light touch case
management” means case management in which the case manager meets
with the client once every month during the first three (3) months after
lease-up and once every three (3) months thereafter.
2570.4 TAH isapermanent housing program as defined in section 2(27C)ofthe Act (D.C.
Official Code § 4-751.01(27C)).
2570.5 TAH is subject to annual appropriations and the availability of funds.
2570.6 Nothing in §§ 2570-2573 shall be construed to create an entitlement, either direct
or implied, on the partofany individual or family to TAH.
2571 TAH - ELIGIBILITY AND PRIORITIZATION CRITERIA
2571.1 In order to be eligible for participation in TAH,a client must meet the general
eligibility requirements set forth in § 2501 and be:
(@) An individual or family that is chronically homeless as defined in section
2(6C) ofthe Act (D.C. Official Code § 4-751.01(6C));
(®) An individual or family that is at risk ofchronic homelessnes
ass defined in
section 2(SA)ofthe Act (D.C. Official Code § 4-751.01(5A)); or
 (©) _Afamily with a household member who is diagnosed with substance use
disorder, serious mental illness, developmental disability (as definedin
D.C. Official Code § 21-1201 (3)), post-traumatic stress disorder, cognitive
impairments resulting from braininjury, or chronic physical illness or
disability.
2571.2 A client seeking to participate in TAH may be assessed for eligibility using an
evidence-based assessment tool selected by the Department, such as the Service
Prioritization Decision Assistance Tool (“SPDAT”), which may be administered
by the Department or a provider approved by the Department.
2571.3 The Individual Coordinated Assessment and Housing Placement (I-CAHP) or the
Family Coordinated Assessment and Housing Placement (F-CAHP), which are part
ofthe District’s centralized or coordinated assessment system protocol, as defined
in section 2(6B) of the Act (D.C. Official Code § 4-751.01(6B)) and established
according to § 2510, shall be used to prioritize clients for TAH based on
prioritization factors described at § 2571.7. The Department shall determine the
eligibility of clients prioritized pursuant to I-CAHP or F-CAHP.
2571.4 The assessment and contact information for any client seeking to participate in
TAH shall be maintained in the Homeless Management Information System
(AMIS).
2571.5 The Department shall report any TAH vacancies to The Community Partnership
(TCP), which serves as the CAHP System Administrator.
2571.6 Vacancies in TAH shall be filled by the Department according to the applicable
CAHP protocol.
2571.7 In accordance with the applicable CAHP protocol, clients shall be referred to TAH
subject to priority factors, including:
@ Lengthoftime the client has been chronically homeless or at riskofchronic
homelessness;
(b) Vulnerability level based on an evidence-based assessment tool selected by
the Department, such as the SPDAT or a biopsychosocial assessment
conducted byalicensed clinician;
(©) Whether a household member, as described in § 2571.1(c), has a condition
that likely prevents the head ofhousehold from increasing the houschold’s
total income beyond thirty percent (30%) of the area median income for a
household of the same size;
@ Length of time the client has received rapid re-housing services; and
 (©) Active engagement in case management services and completion (or
attempted completion, as documented in case notes) of activities and
milestones outlined in the most recent case management plan from a
ContinuumofCare provider.
2571.8 Once a client is assigned to TAH through the CAHP process, the Department shall
assign a TAH case manager to the client.
2572 TAH - APPLICATION FOR LRSP RENTAL SUBSIDY
2572.1 Assignment to a TAH case manager does not guarantee receipt ofan LRSP rental
subsidy. The applicant will work with the assigned TAH case manager to complete
an application for the LRSP rental subsidy.
2572.2 ‘The TAH case manager shall work with the assigned client to ensure the LRSP
rental subsidy application is submitted to the District of Columbia Housing
Authority (DCHA).
2572.3 Upon receiptofnotification that DCHA deemed the applicant eligible for an LRSP
rental subsidy, the Department shall contact the client and TAH case manager to
confirm approval for the LRSP rental subsidy.
2572.4 The TAH case manager shall assist the client in complying with DCHA
requirements to utilize the LRSP rental subsidy in a timely manner. This may
include notifying the client that they must attend a DCHA Voucher Briefing,
helping the client to identify a housing unit within six (6) monthsofthe LRSP
voucher being issued, or requesting an extension of the utilization period if the
client needs additional time to identify and lease up in a unit.
2572.5 If DCHA deems the applicant ineligible for LRSP, then the TAH case manager
shall work with the client on next steps, For clients who are deemed ineligible for
LRSP, the TAH case manager may refer the client for alternative rental assistance
for which funding is available. The case manager shall notify the Department ifthe
client is deemed ineligible for LRSP. In addition, the case manager shall notify the
Departmentif alternative rental assistance is not possible.
2573 TAH - SUPPORTIVE SERVICES
2573.1 TAH is designed to assist clients who would otherwise qualify for Permanent
Supporting Housing pursuant to DCMR §§ 2535-2542 but do not require ongoing,
intensive supportive services to maintain housing because they have fewer barriers
to housing stability or they are connected to community services.
2573.2 TAH combines a rental subsidy with supportive services for an unrestricted period
of time. TAH supportive services may include unit identification assistance,
 application assistance, ongoing light touch case management, and coordination
with the client’s landlord.
2573.3 The TAH case manager shall meet with the client at least once every month during
the first three (3) months after lease-up. Afterward, the TAH case manager shall
meet with the client at least once every three (3) months or at some other frequency
as agreed upon by the client and the case manager.
2573.4 The TAH client shall pay thirty percent (30%) of their household income toward
the total rental amount determined by DCHA. The TAH case manager shall confirm
ifthe client is paying their portionofthe rent to ensure housing stability.
2573.5 The TAH case manager shall inform his/her supervisor in writing if the case
manager assesses that the client would be better served with Permanent Supportive
Housing (PSH) case management. PSH case management consistsofintensive case
management services.
2573.6 It shall be the responsibility of each TAH client to follow rules for reporting
changes in income related to their rental subsidy. Any resulting effect ofa change
in income on the client’s rental subsidy shall be made in accordance with the rules
and policies of DCHA or other applicable funding source.