6002 THE PUBLIC HOUSING PROGRAM

6002.1 The intent of § 6002 is to provide an overview of public housing.

6002.2 The United States Housing Act of 1937 (1937 Act), as amended, is the primary statute governing the public housing program.

6002.3 [RESERVED]

6002.4 [RESERVED]

6002.5 [RESERVED]

6002.6 HUD contracts with DCHA to administer programs in accordance with HUD regulations and provides public housing subsidy to DCHA. DCHA must create written policies that are consistent with HUD regulations, as may be modified by DCHA’s Moving to Work (MTW) Agreement and MTW Plans. Among these policies is DCHA’s ACOP. The ACOP must be approved by the Board.

(a) DCHA is a participant in the MTW program. MTW allows participating public housing agencies to design and test inventive approaches to local housing and policy issues. In federal fiscal year 2016, DCHA’s MTW agreement with HUD was extended to 2028. As a result, DCHA is able to continue implementation of the flexibilities made possible by the MTW designation, in addition to identifying other innovations designed to address local affordable housing issues.

(b) DCHA’s ACOP includes policies which have been developed and implemented under the MTW program. In accordance with its MTW Agreement with HUD, DCHA requests approval from HUD to establish MTW policies and waive certain provisions of the 1937 Act and its implementing regulations through the MTW Plan. The policies adopted by DCHA, under the MTW Agreement, will remain in force through the term of the MTW Agreement and will supersede existing and applicable HUD requirements unless and until amended.

6002.7 The job of DCHA, pursuant to HUD regulations is to provide safe, habitable dwelling units to low-income families at an affordable rent. DCHA screens applicants for public housing and, if they are determined to be eligible for the program, DCHA makes an offer of a housing unit. If the applicant accepts the offer, DCHA and the applicant enter into a written lease agreement. At this point, the applicant becomes a tenant in the public housing program.

6002.8 In the context of the public housing program, a tenant is defined as the adult

person(s) (other than a live-in aide) who (a) executed the lease with DCHA as lessee of the dwelling unit, or, if no such person now resides in the unit, (b) who resides in the unit, and who is the remaining head of household of the tenant family residing in the dwelling unit in accordance with 24 CFR § 966.53. The terms “tenant” and “resident” are used interchangeably in this ACOP. Additionally, the ACOP uses the term “family” or “families” for residents or applicants, depending on context.

6002.9 [RESERVED]

6002.10 [RESERVED]

6002.11 In addition to the ACC, DCHA and the family must also comply with federal regulations and other HUD publications and directives. For the public housing program to work and be successful, all parties involved – HUD, DCHA, and the tenant – play an important role.

6002.12 Federal law is the source of HUD responsibilities. HUD has the following major responsibilities:

1. (a) Develop regulations, requirements, handbooks, notices, and other guidance to implement housing legislation passed by Congress;
2. (b) Allocate operating subsidies to PHAs;
3. (c) Allocate capital funding to PHAs;
4. (d) Provide technical assistance to PHAs on interpreting and applying public housing program requirements; and
5. (e) Monitor PHA compliance with program requirements and PHA performance in public housing program administration.

6002.13 DCHA’s responsibilities originate in federal regulations and the ACC. DCHA owns and manages public housing developments, administers the program under contract with HUD, and has the following major responsibilities:

1. (a) Ensure compliance with all non-discrimination, equal opportunity, and fair housing laws, and ensure that the public housing program is accessible to persons with disabilities;
2. (b) Establish local policies and procedures for operating the housing program;
3. (c) Accept applications from interested applicant families and determine whether

they are income eligible for the housing program;

(d) Maintain waiting list and select families for admission;

(e) Screen applicant families for suitability as renters;

(f) Maintain housing units by making any necessary repairs in a timely manner;

(g) Make unit offers to families (minimize vacancies without overcrowding);

(h) Maintain properties to the standard of safe, habitable dwelling units (including assuring compliance with National Standards for the Physical Inspection of Real Estate, or NSPIRE);

(i) Make sure DCHA has adequate financial resources to maintain its housing stock;

(j) Perform regular reexaminations of family income and composition in accordance with HUD requirements;

(k) Collect rent due from the assisted family and comply with and enforce provisions of the lease;

(l) Ensure that families comply with public housing program rules;

(m) Provide families with prompt and professional service; and

(n) Comply with all applicable fair housing and equal opportunity requirements, HUD regulations and requirements as may be amended by DCHA's MTW Agreement, the ACC, HUD-approved applications for funding, the ACOP, other applicable federal, state and local laws and DCHA's MTW Agreement.

6002.14 The tenant's responsibilities are articulated in the public housing lease. The tenant has the following broad responsibilities:

(a) Comply with the terms of the lease and DCHA's house rules, as applicable;

(b) Provide DCHA with complete and accurate information, determined by DCHA to be necessary for administration of the public housing program;

(c) Cooperate in attending all appointments scheduled by DCHA;

(d) Allow DCHA to inspect the unit at reasonable times and after reasonable notice;

(e) Take responsibility for care of the housing unit, including any violations of Housing

NSPIRE caused by the family;

(f) Not engage in drug-related or violent criminal activity;

(g) Notify DCHA before moving or termination of the lease;

(h) Use the assisted unit only for residence and as the sole residence of the family; not subletting the unit or assigning the lease;

(i) Promptly notify DCHA of any changes in family composition;

(j) Not commit fraud, bribery, or any other corrupt or criminal act in connection with any housing programs; and

(k) Take care of the housing unit and report promptly maintenance problems to DCHA.

6002.15 [RESERVED]

6002.16 Applicable federal regulations affecting the ACOP include:

(a) 24 CFR Part 5: General Program Requirements;

(b) 24 CFR Part 8: Nondiscrimination;

(c) 24 CFR Part 35: Lead-Based Paint;

(d) 24 CFR Part 945: Designated Housing;

(e) 24 CFR Part 960: Admission and Occupancy Policies;

(f) 24 CFR Part 965: PHA-Owned or Leased Projects – General Provisions; and

(g) 24 CFR Part 966: Lease and Grievance Procedures.

SOURCE: Notice of Final Rulemaking published at 33 DCR 7973, 7974-7975 (December 26, 1986); and Notice of Final Rulemaking published at 46 DCR 603 (January 22, 1999), incorporating by reference the text of Notice of Proposed Rulemaking published at 45 DCR 7913 (November 6, 1998); as amended by Final Rulemaking published at 73 DCR 007351 (May 15, 2026).