§ 6–229.04. 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, 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.