6103 POLICIES RELATED TO PERSONS WITH DISABILITIES

6103.1 [RESERVED]

6103.2 DCHA shall ensure that persons with disabilities have full access to DCHA’s programs and services. This responsibility begins with the first inquiry of an interested family and continues through every programmatic area of the public housing program in accordance with 24 CFR Part 8.

6103.3 DCHA shall provide a notice to each tenant that the tenant may, at any time during the tenancy, request reasonable accommodation of a disability of a household member, including reasonable accommodation so that the tenant can meet lease requirements or other requirements of tenancy in accordance with 24 CFR § 966.7(b).

6103.4 DCHA shall ask all applicants and resident families if they require any type of accommodations, in writing, on the intake application, reexamination documents, and notices of adverse action by DCHA, by including the following language:

(a) “If you or anyone in your family is a person with disabilities, and you require a specific accommodation to fully utilize our programs and services, please contact DCHA.”

(b) A specific position and phone number shall be provided as the contact person for requests for accommodation for persons with disabilities.

6103.5 DCHA shall display posters and other housing information and signage in locations throughout DCHA’s office locations and developments in such a manner as to be easily readable from a wheelchair.

6103.6 DCHA shall offer reasonable accommodations to policies and procedures to all applicants in accordance with applicable law and DCHA policies under Chapter 74.

6103.7 A “reasonable accommodation” is a change, exception, or adjustment to a policy, practice or service that may be necessary for a person with a disability to have an equal opportunity to use and enjoy a dwelling, including public and common use spaces. Since policies and services may have a different effect on persons with disabilities than on other persons, treating persons with disabilities exactly the same as others will sometimes deny them an equal opportunity to use and enjoy a dwelling. For purposes of this ACOP, reasonable accommodation includes reasonable modifications, which are structural modifications to units or buildings when necessary for a person with a disability full enjoyment of the premises.

6103.8 DCHA shall consider a request for accommodations reasonable if it does not create an “undue financial and administrative burden” for DCHA, or result in a “fundamental alteration” in the nature of the program or service offered, or unless DCHA can accommodate an individual’s need through other means identified through an interactive discussion with the individual requesting the accommodation. A “fundamental alteration” is a modification that alters the essential nature of a provider’s operations or program.

6103.9 When it is reasonable, DCHA shall accommodate the needs of a person with disabilities. Examples include but are not limited to:

(a) Permitting applications and reexaminations to be completed by mail, portal, website, and email;

(b) Providing “large-print” forms;

(c) Conducting home visits;

(d) Permitting a higher utility allowance for the unit if a person with disabilities requires the use of specialized equipment related to the disability;

(e) Modifying or altering a unit or physical system if such a modification or alteration is necessary to provide equal access to a person with a disability;

(f) Installing a ramp into a dwelling or building;

(g) Installing grab bars in a bathroom;

(h) Installing visual fire alarms for hearing impaired persons;

(i) Allowing a DCHA-approved live-in aide to reside in the unit if that person is determined to be essential to the care of a person with disabilities, is not obligated for the financial support of the person with disabilities, and would not be otherwise living in the unit;

(j) Providing a designated handicapped-accessible parking space;

(k) Allowing an assistance animal;

(l) Permitting an authorized designee or advocate to participate in the application or certification process and any other meetings with DCHA staff; and

(m) Displaying posters and other housing information in locations throughout DCHA's office locations and developments in such a manner as to be easily readable from a wheelchair.

6103.10 If an applicant or tenant indicates that an exception, change, or adjustment to a rule, policy, practice, building structure, or service is needed because of a disability, DCHA shall treat the information as a request for a reasonable accommodation, even if no formal request is made.

6103.11 The family must explain what type of accommodation is needed to provide the person with the disability full access to DCHA's programs and services.

6103.12 If the need for the accommodation is not readily apparent or known to DCHA, the family must explain the relationship between the requested accommodation and the disability. There must be an identifiable connection, or nexus, between the requested accommodation and the individual's disability.

6103.13 DCHA shall encourage the family to make its request in writing using a reasonable accommodation request form and submit to the ADA/504 Office for review. The request for accommodation can be made at any time, whether during intake, admissions, tenancy, or participation. However, DCHA shall consider the accommodation any time the family indicates that an accommodation is needed whether or not a formal written request is submitted.

6103.14 For purposes of reasonable accommodations, the definition of a person with disabilities is means a person who has a physical or mental impairment that substantially limits one or more major life activities; has a record of such an impairment; or is regarded as having such an impairment. The term does not include any individual who is an alcoholic or drug abuser whose current use of alcohol or drugs prevents the individual from participating in the program or activity in question, or whose participation, by reason of such current alcohol or drug abuse, would constitute a direct threat to property or the safety of others. As used in this definition, the phrase:

(a) Physical or mental impairment includes:

(1) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: Neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or

(2) Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term physical or mental impairment includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, drug addiction and alcoholism.

(b) Major life activities means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.

(c) Has a record of such an impairment means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.

(d) Is regarded as having an impairment means:

(1) Has a physical or mental impairment that does not substantially limit one or more major life activities but that is treated by a recipient as constituting such a limitation;

(2) Has a physical or mental impairment that substantially limits one or more major life activities only as a result of the attitudes of others toward such impairment; or

(3) Has none of the impairments defined in paragraph (a) of this section but is treated by a recipient as having such an impairment.

6103.15 Before providing an accommodation, DCHA must determine that the person meets the definition of a person with a disability, and that the accommodation will enhance the family's access to DCHA's programs and services.

6103.16 If a person's disability is obvious or otherwise known to DCHA, and if the need for the requested accommodation is also readily apparent or known, no further verification shall be required.

6103.17 If a family indicates that an accommodation is required for a disability that is not obvious or otherwise known to DCHA, DCHA must verify that the person meets the definition of a person with a disability, and that the limitations imposed by the disability require the requested accommodation.

6103.18 DCHA shall treat all information related to a person's disability in accordance

with the confidentiality policies provided in Chapter 81 (Program Administration). The following requirements apply when verifying a disability or the nexus between the disability and the requested accommodation:

(a) Third-party verification must be obtained from an individual identified by the family who is competent to make the determination. The individual may be able to provide third-party verification of a disability, in the form of documentation such a proof of receipt of Supplemental Security Income or Social Security Disability Insurance benefits, or via a credible statement by the individual. A doctor or other medical professional, a peer support group, a non-medical service agency, or a reliable third party who is in a position to know about the individual's disability may also provide verification of a disability or the nexus between the disability and the requested accommodation;

(b) DCHA must request only information that is necessary to evaluate the disability-related need for the accommodation. DCHA may not inquire about the nature or extent of any disability;

(c) Medical records shall not be accepted or retained in the participant file; and

(d) In the event that DCHA does receive confidential information about a person's specific diagnosis, treatment, or the nature or severity of the disability, DCHA shall dispose of it. In place of the information, DCHA shall note in the file that the disability and other requested information have been verified, the date the verification was received, and the name and address of the knowledgeable professional who sent the information.

6103.19 DCHA must approve a request for an accommodation if the following three (3) conditions are met:

(a) The request was made by or on behalf of a person with a disability;

(b) There is a disability-related need for the accommodation; and

(c) The requested accommodation is reasonable, meaning it would not impose an undue financial and administrative burden on DCHA, or fundamentally alter the nature of DCHA's operations.

6103.20 Requests for accommodations must be assessed on a case-by-case basis. The determination of undue financial and administrative burden must be made on a case-by-case basis involving various factors, such as the overall size of DCHA's program with respect to the number of employees, type of facilities and size of

budget, type of operation including composition and structure of workforce, the nature and cost of the requested accommodation, and the availability of alternative accommodations that would effectively meet the family's disability-related needs.

6103.21 Before making a determination whether to approve the request, DCHA may enter into discussion and negotiation with the family, request more information from the family, or may require the family to sign a consent form so that DCHA may verify the need for the requested accommodation if that need is not apparent or otherwise credibly documented by the individual.

6103.22 DCHA's Reasonable Accommodation Process is as follows:

(a) After a request for an accommodation is presented, DCHA shall respond timely in writing.

(b) If DCHA denies a request for an accommodation because there is no relationship, or nexus, found between the disability and the requested accommodation, the notice shall inform the family of the right to appeal DCHA's decision through an informal hearing (if applicable) or the grievance process.

(c) If DCHA denies a request for an accommodation because it is not reasonable (it would impose an undue financial and administrative burden or fundamentally alter the nature of DCHA's operations), DCHA shall discuss with the family whether an alternative accommodation could effectively address the family's disability-related needs without a fundamental alteration to the public housing program and without imposing an undue financial and administrative burden.

(d) If DCHA believes that the family has failed to identify a reasonable alternative accommodation after interactive discussion and negotiation, DCHA shall notify the family, in writing, of its determination timely. The notice shall inform the family of the right to appeal DCHA's decision through an informal hearing (if applicable) or the grievance process.

6103.23 DCHA shall take reasonable steps to ensure that persons with disabilities related to hearing and vision have reasonable access to DCHA's programs and services in accordance with 24 CFR Part 8.6.

6103.24 At the initial point of contact with each applicant, DCHA shall inform all applicants of alternative forms of communication that can be used other than plain language paperwork.

6103.25 To meet the needs of persons with hearing impairments, TTD/TTY (text telephone display / teletype) communication shall be available.6103.26 To meet the needs of persons with vision impairments, large-print and audio versions of key program documents shall be made available upon request. When visual aids are used in public meetings or presentations, or in meetings with DCHA staff, one-on-one assistance shall be provided upon request.6103.27 Additional examples of alternative forms of communication are sign language interpretation; having material explained orally by staff; or having a third-party representative (a friend, relative or advocate, named by the applicant) to receive, interpret and explain housing materials and be present at all meetings.6103.28 DCHA must comply with a variety of laws and requirements pertaining to physical accessibility, including the following:- (a) Notice PIH 2010-26;

- (b) Section 504 of the Rehabilitation Act of 1973 (24 CFR Part 8);

- (c) The Americans with Disabilities Act of 1990 (28 CFR Part 35);

- (d) The Architectural Barriers Act of 1968 (24 CFR § 570.614); and

- (e) The Fair Housing Amendments Act of 1988 (24 CFR Part 100).6103.29 [RESERVED]6103.30 The design, construction, or alteration of DCHA facilities must conform to the Uniform Federal Accessibility Standards (UFAS) or other applicable accessibility standard.6103.31 Newly-constructed facilities must be designed to be readily accessible to and usable by persons with disabilities. Alterations to existing facilities must be accessible to the maximum extent feasible, defined as not imposing an undue financial and administrative burden on the operations of the public housing program.6103.32 DCHA's decision to deny or terminate the assistance of a family that includes a person with disabilities is subject to consideration of reasonable accommodation in accordance with 24 CFR § 966.7.6103.33 When applicants with disabilities are denied assistance, the notice of denial must

inform them of their right to request an informal hearing consistent with 24 CFR § 960.208(a).

6103.34 When a family's lease is terminated, the notice of termination must inform the family of their right to request a hearing in accordance with DCHA's grievance process.

6103.35 When reviewing reasonable accommodation requests, DCHA must consider whether reasonable accommodation will allow the family to overcome the problem that led to DCHA's decision to deny or terminate assistance. If a reasonable accommodation will allow the family to meet the requirements, DCHA must make the accommodation.

6103.36 DCHA shall provide reasonable accommodation for persons with disabilities to participate in the hearing process.

SOURCE: Final Rulemaking published at 33 DCR 7973, 7985-86 (December 26, 1986); 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 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 58 DCR 8233 (September 23, 2011); 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).