6201 DEFINITIONS OF FAMILY AND HOUSEHOLD MEMBERS

6201.1 Section 6201 provides information needed to correctly identify family and household members and explains eligibility rules.

6201.2 The terms “family” and “household” have different meanings in the public housing program.

6201.3 To be eligible for admission, an applicant must qualify as a family.

6201.4 In § 6201.3, “Family” includes, but is not limited to, the following:

(a) Regardless of actual or perceived sexual orientation, gender identity, or marital status, a single person, who may be an elderly person, displaced person, disabled person, near-elderly person, or any other single person; an otherwise eligible youth who has attained at least eighteen (18) years of age and not more than twenty-four (24) years of age and who has left foster care, or will leave foster care within ninety (90) days, in accordance with a transition plan described in Section 475(5)(H) of the Social Security Act (42 U.S.C. 675(5)(H)), and is homeless or is at risk of becoming homeless at age sixteen (16) or older; or

(b) A group of persons residing together. Such group includes, but is not limited to, a family with or without children (a child who is temporarily away from the home because of placement in foster care is considered a member of the family), an elderly family, a near-elderly family, a disabled family, a displaced family, or the remaining member of a tenant family.

6201.5 DCHA shall also adhere the definition of a “family” per the District of Columbia Human Rights Act, which defines “family” as the pairing of the following members of a household listed below:

(a) Domestic partner; or

(b) A dependent child of a domestic partner, which shall include, for the purposes of this section, an unmarried person under twenty-two (22) years of age, an unmarried person under twenty-five (25) years of age who is a full-time student, or an unmarried person regardless of age who is incapable of self-support because of a mental or physical disability that existed before age twenty-two (22). A dependent child of a domestic partner shall include a natural child, adopted child, stepchild, foster child, or child in the legal custody of a domestic partner

6201.6 For § 6201.4, “Sexual Orientation” means homosexuality, heterosexuality, or

bisexuality orientation.

6201.7 For § 6201.4, “Gender Identity” means actual or perceived gender characteristics.

6201.8 A family also includes two (2) or more individuals who are not related by blood, marriage, adoption, or other operation of law, but who either can demonstrate that they have lived together previously or certify that each individual’s income and other resources will be available to meet the needs of the family.

6201.9 Each family must identify the individuals to be included in the family at the time of application and must update this information if the family’s composition changes.

6201.10[RESERVED].

6201.11 “Committed relationship” means: a familial relationship between two (2) individuals characterized by mutual caring and the sharing of a mutual residence.

6201.12 With respect to an individual’s status as a family member of a victim of domestic violence, sexual abuse, and/or stalking, the following household members are recognized:

(a) A spouse, including the person identified by an individual as his or her domestic partner, as defined in D.C. Code, § 32-701(3);

(b) The parents of a spouse;

(c) Children (including foster children and grandchildren);

(d) The spouses of children;

(e) Parents;

(f) Brothers and sisters;

(g) The spouses of brothers and sisters;

(h) A child who lives with an individual and for whom the individual permanently assumes and discharges parental responsibility; and

(i) A person with whom the individual shares or has shared, for not less than the preceding twelve (12) months, a mutual residence and with whom the individual maintains a committed relationship, as defined in D.C. Code, § 32-701(1).

6201.13 “Household” is a broader term that includes additional people who, with DCHA’s permission, live in a public housing unit, such as live-in aides, foster children, and foster adults.6201.14 Except under the following conditions, DCHA has discretion to determine which members of an assisted family continue to receive assistance if the family breaks up:- (a) If the family breakup results from an occurrence of domestic violence, dating violence, sexual assault, and/or stalking, DCHA must ensure that the victim retains assistance; and

- (b) If a court determines the disposition of property between members of the assisted family, DCHA is bound by the court’s determination of which family members continue to receive assistance.6201.15 When a family on the waiting list breaks up into two (2) otherwise eligible families, only one of the new families may retain the original application date. Other former family members may submit a new application with a new application date if the waiting list is open.6201.16 If a family breaks up into two otherwise eligible families while living in public housing, only one of the new families will retain occupancy of the unit.6201.17 If a court determines the disposition of property between members of an applicant or resident family, DCHA shall abide by the court’s determination.6201.18 In the absence of a judicial decision, or a signed agreement among the original family members, DCHA shall determine which family will retain their placement on the waiting list or continue in occupancy. In making its determination, DCHA shall take into consideration the following factors:- (a) The interest of any minor children, including custody arrangements;

- (b) The interest of any ill, elderly, or disabled family members;

- (c) The interest of any family member who is or has been the victim of domestic violence, dating violence, sexual assault, and/or stalking, including a family member who was forced to leave a public housing unit as a result of such actual or threatened abuse, and provides documentation in accordance with DCHA’s ACOP; and(d) Any possible risks to family members as a result of criminal activity.

6201.19 Family includes the “remaining member of a tenant family,” which is a member of a resident family who remains in the unit when other members of the family have left the unit. Household members such as live-in aides, foster children, and foster adults do not qualify as remaining members of a family.6201.20 “Head of household” means the adult member of the family who is considered the head for purposes of determining income eligibility and rent. The head of household is responsible for ensuring that the family fulfills all of its responsibilities under the program, alone or in conjunction with a co-head or spouse.6201.21 The family may designate any qualified family member as the head of household. The head of household must have the legal capacity to enter a lease under state and local law. A minor who is emancipated under state law may be designated as head of household.6201.22 A family may have a spouse or co-head, but not both.6201.23 “Spouse” means the marriage partner of the head of household.6201.24 A “marriage partner” includes the partner in a “common law” marriage as defined in state law. The term “spouse” does not apply to friends, roommates, or significant others who are not marriage partners. A minor who is emancipated under state law may be designated as a spouse.6201.25 A “co-head” is an individual in the household who is equally responsible with the head of household for ensuring that the family fulfills all of its responsibilities under the program, but who is not a spouse. A family can have only one co-head.6201.26 Minors who are emancipated under state law may be designated as a cohead.6201.27 “Other adult” means a family member, other than the head, spouse, or co-head, who is eighteen (18) years of age or older. Foster adults and live-in aides are not considered other adults.6201.28 A “dependent” is a family member who is under eighteen (18) years of age or a person of any age who is a person with a disability or a full-time student, except that the following persons can never be dependents: the head of household, spouse, co-head, foster children, foster adults and live-in aides.6201.29 Dependents that are subject to a joint custody arrangement are considered a member of the family if they live with the applicant or resident family fifty percent (50%) or more of the time.

6201.30 When more than one applicant or assisted family (regardless of program) are claiming the same dependents as family members, the family with primary custody at the time of the initial examination or reexamination will be able to claim the dependents. If there is a dispute about which family should claim them, DCHA makes the determination based on available documents such as court orders, an IRS income tax return showing which family has claimed the child for income tax purposes, school records, or other credible documentation.

6201.31 A “full-time student (FTS)” is a person who is attending school or vocational training on a full-time basis. The time commitment or subject load that is needed to determine if attendance is full-time is defined by the educational institution.

6201.32 Identifying each FTS is important because:

(a) Each family member that is an FTS, other than the head, spouse, or co-head, qualifies the family for a dependent deduction, and

(b) The income of such an FTS is treated differently from the income of other family members.

6201.33 Under DCHA’s approved MTW policy, an “elderly person” is a person who is at least fifty-five (55) years of age.

6201.34 A “near-elderly person” is a person who is fifty to fifty-four (50-54) years of age.

6201.35 An “elderly family” is one in which the head, spouse, co-head, or sole member is an elderly person.

6201.36 Under the public housing program, special rules apply to persons with disabilities and to any family whose head, spouse, or co-head is a person with disabilities.

6201.37 DCHA must make all aspects of the public housing program accessible to persons with disabilities and consider requests for reasonable accommodations when a person’s disability limits their full access to the unit, the program, or the DCHA’s services.

6201.38 A “disabled family” is one in which the head, spouse, or co-head is a person with disabilities.

6201.39 DCHA may deny admission or taking action under the lease for reasons related to alcohol and drug abuse in accordance with the policies found in § 6203 and in Chapter 78.

6201.40 A “guest” is defined as a person temporarily staying in the unit with the consent of a tenant or other member of the household who has express or implied authority to so consent on behalf of the tenant.6201.41 The lease must provide that the tenant has the right to exclusive use and occupancy of the leased unit by the members of the household authorized to reside in the unit in accordance with the lease, including reasonable accommodation of their guests. The head of household is responsible for the conduct of visitors and guests, inside the unit as well as anywhere on or near DCHA’s premises.6201.42 A resident family must notify DCHA when overnight guests will be staying in the unit for more than three (3) days. A guest can remain in the unit no longer than ten (10) consecutive days or a total of thirty (30) cumulative calendar days during any twelve (12) month period.6201.43 A family may request an exception to the DCHA policy in 6201.42 for valid reasons (such as care of a relative recovering from a medical procedure expected to last twenty (20) consecutive days). An exception shall not be made unless the family can identify and provide documentation of the residence to which the guest will return.6201.44 Children who are subject to a joint custody arrangement or for whom a family has written visitation privileges, that are not included as a family member because they live outside of the public housing unit more than fifty percent (50%) of the time, are not subject to the time limitations of guests as described above.6201.45 Former residents who have been evicted are not permitted as overnight guests.6201.46 Guests who represent the public housing unit address as their residence address or address of record for receipt of benefits or any other purposes are considered unauthorized occupants; and6201.47 Guests who remain in the unit beyond the allowable time limit are unauthorized occupants, and their presence constitutes a violation of the lease.6201.48 A “foster adult” is a member of the household who is eighteen (18) years of age or older and meets the definition of a foster adult under state law. In general, a foster adult is a person who is eighteen (18) years of age or older, is unable to live independently due to a debilitating physical or mental condition, and is placed with the family by an authorized placement agency or by judgment, decree, or other order of any court of competent jurisdiction.6201.49 A “foster child” is a member of the household who meets the definition of a foster

child under state law. In general, a foster child is placed with the family by an authorized placement agency (e.g., public child welfare agency) or by judgment, decree, or other order of any court of competent jurisdiction.

6201.50 Foster children and foster adults that are living with an applicant or resident family are considered household members but not family members.

6201.51 The income of foster children and foster adults is not counted in family annual income and foster children and foster adults do not qualify for a dependent deduction.

6201.52 A foster child or foster adult may be allowed to reside in the unit if their presence would not overcrowd the unit.

6201.53 Individuals may be temporarily or permanently absent from the unit for a variety of reasons including educational activities, placement in foster care, employment, and illness.

6201.54 An individual who is, or is expected to be, absent from the public housing unit for one hundred eighty (180) consecutive days or less is considered temporarily absent and continues to be considered a family member.

6201.55 An individual who is or is expected to be absent from the public housing unit for more than one hundred eighty (180) consecutive days is considered permanently absent and no longer a family member. However, please note exceptions in Sections 6201.56-61.

6201.56 When someone who has been considered a family member attends school away from home, the person continues to be considered a family member unless DCHA is made aware that the student has established a separate household (including when another PHA contacts DCHA to inform them that an assisted family is requesting to add the student to their household or the PHA is reviewing the eligibility of family for assistance in their jurisdiction and the family includes the student), or the family reports that the student has left the household, consistent with § 6803.14.

6201.57 Children temporarily absent from the home as a result of placement in foster care are considered members of the family.

6201.58 If a child has been placed in foster care, DCHA shall verify with the appropriate agency whether and when the child is expected to be returned to the home. Unless the agency confirms that the child has been permanently removed from the home, the child is counted as a family member.

6201.59 An employed head, spouse, or co-head absent from the unit more than sixty (60) consecutive days due to employment continues to be considered a family member.6201.60 An individual confined to a nursing home or hospital on a permanent basis is not considered a family member.6201.61 If there is a medical question about the status of a Family member discussed in § 6201.60, DCHA shall request verification from a responsible medical professional and shall use this determination. If the responsible medical professional cannot provide a determination, the person generally is considered temporarily absent. The family may present evidence that the family member is confined on a permanent basis and request that the person not be considered a family member.6201.62 The family must request DCHA approval for the return of any adult family members that DCHA has determined to be permanently absent. The individual is subject to the eligibility and screening requirements discussed in this § 6200.6201.63 “Live-in aide” means a person who resides with one or more elderly persons, or near-elderly persons, or persons with disabilities, and who:- (a) Is determined to be essential to the care and well-being of the person(s),

- (b) Is not obligated for the support of the person(s); and

- (c) Would not be living in the unit except to provide the necessary supportive services.6201.64 DCHA must approve a live-in aide if needed as a reasonable accommodation for a person with disabilities in accordance with 24 CFR Part 8.6201.65 A live-in aide is considered a household member but not a family member.6201.66 The income of the live-in aide is not counted in determining the annual income of the family.6201.67 Relatives may be approved as live-in aides if they meet all of the criteria defining a live-in aide. However, a relative who serves as a live-in aide is not considered a family member and would not be considered a remaining member of a tenant family.6201.68 A family’s request for a live-in aide may be made either orally or in writing.6201.69 DCHA shall verify the need for a live-in aide, if necessary, with a reliable, knowledgeable professional as provided by the family, such as a doctor, social

worker, or case worker.

6201.70 For continued approval of the live-in aide, the family may be required to submit a new, written request—subject to DCHA verification at each reexamination.

6201.71 The family and live-in aide are required to submit a certification stating that the live-in aide is:

(a) Not obligated for the support of the person(s) needing the care; and

(b) Would not be living in the unit except to provide the necessary supportive services.

6201.72 Live-in aides are subject to the same screening requirements as any other adult included in or added to a household, with the exception that they are not subject to income eligibility. DCHA has the discretion not to approve a particular person as a live-in aide, and may withdraw such approval, if:

(a) The person commits fraud, bribery or any other corrupt or criminal act in connection with any federal housing program;

(b) The person has a history of drug-related criminal activity or violent criminal activity; or

(c) The person currently owes rent or other amounts to DCHA or to another PHA in connection with Section 8 or public housing assistance under the 1937 Act.

6201.73 Within twenty (20) business days of receiving a request for a live-in aide, including all required documentation related to the request, DCHA shall notify the family of its decision in writing.

SOURCE: Notice of Final Rulemaking published at 33 DCR 7973, 8004-8005 (December 26, 1986); as amended by Final Rulemaking published at 73 DCR 007351 (May 15, 2026).