6102 NONDISCRIMINATION

6102.1 Federal regulations prohibit discrimination against certain protected classes and other groups of people. State and local requirements, as well as DCHA policies, prohibit discrimination against additional classes of people.

6102.2 DCHA shall not discriminate because of race, color, sex, religion, familial status, age, disability or national origin (collectively, the “federal protected classes”).

6102.3 Familial status involves a family with a child or children under the age of eighteen (18) living with parents or legal custodians or with designees (pursuant to written permission) of a parent or legal custodian, pregnant women, or securing custody of children under the age of eighteen (18).

6102.4 DCHA shall not discriminate on the basis of marital status, gender identity, or sexual orientation.

6102.5 DCHA acknowledges the following protected traits under the District of Columbia Human Rights Act:

(a) Race;

(b) Color;

(c) Religion;

(d) National origin;

(e) Sex;

(f) Age;

(g) Marital status;

(h) Personal appearance;

(i) Sexual orientation;

(j) Gender identity or expression;

(k) Familial status;

(l) Family responsibilities;

(m) Disability;

(n) Matriculation;

(o) Political affiliation;

(p) Source of income;

(q) Sealed eviction record;

(r) Status as a victim of an intrafamily offense;

(s) Place of residence or business; or

(t) Homeless status.

6102.6 DCHA shall not, based on protected traits under the District of Columbia Human Rights Act or Federal protected class:

(a) Deny to any family the opportunity to apply for housing, nor deny to any qualified applicant the opportunity to participate in the public housing program;

(b) Provide housing that is different from that provided to others;

(c) Subject anyone to segregation or disparate treatment;

(d) Subject anyone to sexual harassment;

(e) Restrict anyone's access to any benefit enjoyed by others in connection with the housing program;

(f) Treat a person differently in determining eligibility or other requirements for admission;

(g) Steer an applicant or resident toward or away from a particular area based on a protected trait under applicable District law or Federal protected class;

(h) Deny anyone access to the same level of services;

(i) Deny anyone the opportunity to participate in a planning or advisory group that is an integral part of the housing program;

(j) Discriminate in the provision of residential real estate transactions;

(k) Discriminate against someone because they are related to or associated with a member of a protected class or because they are perceived to be related to or associated with a member of a protected class; or

(l) Publish or cause to be published an advertisement or notice indicating the availability of housing that prefers or excludes persons who are members of a protected class under the District of Columbia Human Rights Act or the federal protected classes.

6102.7 [RESERVED]

6102.8 If an applicant or tenant family believes that any family member has been discriminated against by DCHA, the family can advise DCHA. DCHA should make every reasonable attempt to determine whether the applicant or tenant family's assertions have merit and take any warranted corrective action.

6102.9 In all cases, DCHA may advise the family to file a fair housing complaint if the family feels they have been discriminated against under the Fair Housing Act, District of Columbia Human Rights Act, or other applicable anti-discrimination law. Anyone who believes they have been discriminated against may file a fair housing complaint with the Department of Housing and Urban Development (for claims under applicable Federal laws) or the District of Columbia Office of Human Rights (for claims under the District of Columbia Human Rights Act).

6102.10 Upon receipt of a housing discrimination complaint, DCHA is required to:

(a) Provide written notice of the complaint to those alleged and inform the complainant that such notice was made;

(b) Investigate the allegations and provide the complainant and those alleged with findings and either a proposed corrective action or an explanation of why corrective action is not warranted; and

(c) Keep records of all complaints, investigations, notices, and corrective actions.

6102.11 Applicants or tenant families who believe that they have been subject to unlawful discrimination may notify DCHA either orally or in writing.

(a) Within ten (10) business days of receiving the complaint, DCHA shall provide a written notice to those alleged to have violated the rule. DCHA shall also send a written notice to the complainant informing them that notice was sent to those alleged to have violated the rule, as well as information on how to complete and submit a housing discrimination complaint form to HUD's Office of Fair Housing and Equal Opportunity (FHEO).

(b) DCHA shall attempt to remedy discrimination complaints made against DCHA and shall investigate all allegations of discrimination.

(c) Within ten (10) business days following the conclusion of DCHA's investigation, DCHA shall provide the complainant and those alleged to have violated the rule with findings and either a proposed corrective action plan or an explanation of why corrective action is not warranted.

(d) DCHA shall keep a record of all complaints, investigations, notices, and corrective actions.

6102.12 A complainant may, not later than one (1) year after an alleged VAWA violation has occurred or terminated, file a complaint with FHEO alleging such violation.

6102.13 If there is a violation that began prior to a year before the complaint is filed, but it continues into the one (1) year time period, HUD will accept the complaint.

6102.14 FHEO is legally required to investigate the complaint if it is timely and FHEO otherwise has jurisdiction.

6102.15 If a complaint is filed more than one (1) year after the alleged violation occurred or terminated, FHEO may, but is not required to, investigate the allegations under the additional authority and procedures described in HUD Notice FHEO 2023-01.

6102.16 Complaints do not need to allege a violation of the Fair Housing Act for FHEO to accept and investigate a VAWA complaint.

6102.17 Applicants or tenant families who wish to file a VAWA complaint against DCHA may notify DCHA either orally or in writing.

6102.18 DCHA will advise the family of their right to file a VAWA complaint with FHEO. DCHA will inform the family that not later than one (1) year after an alleged VAWA violation has occurred or terminated, applicants and tenants who believe they have been injured by a VAWA violation or will be injured by such a violation that is about to occur may file a VAWA complaint using FHEO's online complaint form via mail, email, or telephone.

6102.19 DCHA will attempt to remedy complaints made against DCHA and will conduct an investigation into all allegations of discrimination.

6102.20 DCHA will keep a record of all complaints, investigations, notices, and corrective actions. (See discussion of VAWA policy in Section 8107).

SOURCE: Final Rulemaking published at 33 DCR 7973, 7985-86 (December 26, 1986); as amended by Final Rulemaking published at 45 DCR 4914, 4916 (July 24, 1998); as amended by Final Rulemaking published at 46 DCR 603 (January 22, 1999), incorporating by reference the text of Proposed Rulemaking published at 45 DCR 7913, 7914 (November 6, 1998); as amended by Final Rulemaking published at 48 DCR 11701 (December 28, 2001); as amended by Final Rulemaking published at 49 DCR 10308 (November 15, 2002); as amended by Final Rulemaking published at 50 DCR 5739 (July 18, 2003); as amended by Final Rulemaking published at 50 DCR 10347 (December 5, 2003); as amended by Final Rulemaking published at 62 DCR 10416 (July 31, 2015); as amended by Final Rulemaking published at 64 DCR 12956 (December 22, 2017); as amended by Final Rulemaking published at 66 DCR 6831 (June 7, 2019); as amended by Final Rulemaking published at 73 DCR 007351 (May 15, 2026).