6202 BASIC ELIGIBILITY CRITERIA

6202.1 “Low-income family” is a family whose annual income does not exceed eighty percent (80%) of the median income for the area, adjusted for family size.6202.2 “Very low-income family” is a family whose annual income does not exceed fifty percent (50%) of the median income for the area, adjusted for family size.6202.3 “Extremely low-income family” is a family whose annual income does not exceed the federal poverty level or thirty percent (30%) of the median income for the area, whichever number is higher.6202.4 To be income-eligible, a family must be a low-income family.6202.5 At least forty percent (40%) of the families admitted from the DCHA waiting list to the public housing program during DCHA’s fiscal year must be extremely low-income families. This is called the “basic targeting requirement.”6202.6 If admissions of extremely low-income families to DCHA’s housing choice voucher program during DCHA’s fiscal year exceeds the seventy-five percent (75%) minimum targeting requirement for that program, such excess shall be credited against DCHA’s public housing basic targeting requirement for the same fiscal year.6202.7 DCHA’s fiscal year credit for housing choice voucher program admissions that exceed the minimum voucher program targeting requirement must not exceed the lower of:- (a) Ten percent (10%) of public housing waiting list admissions during the DCHA fiscal year;

- (b) Ten percent (10%) of waiting list admission to DCHA’s housing choice voucher program during the DCHA fiscal year; and

- (c) The number of qualifying low-income families who commence occupancy during the fiscal year of public housing units located in census tracts with a poverty rate of thirty percent (30%) or more. For this purpose, qualifying low-income family means a low-income family other than an extremely low-income family.6202.8 Housing assistance is available only to individuals who are U.S. citizens, U.S. nationals (herein referred to as citizens and nationals), or noncitizens that have eligible immigration status. At least one family member must be a citizen, national, or noncitizen with eligible immigration status in order for the family to

qualify for any level of assistance.

6202.9 All applicant families must be notified of the requirement to submit evidence of their citizenship status when they apply. Where feasible, and in accordance with DCHA's Language Access Plan, the notice must be in a language that is understood by the individual if the individual is not proficient in English.

6202.10 Each family member shall declare whether the individual is a citizen, a national, or an eligible noncitizen (Declaration of Section 214 Status), except those members who elect not to contend that they have eligible immigration status. Those who elect not to contend their status are considered to be ineligible noncitizens. For citizens, nationals and eligible noncitizens the declaration must be signed personally by the head, spouse, co-head, and any other family member eighteen (18) or older, and by a parent or guardian for minors. The family must identify in writing any family members who elect not to contend their immigration status. No declaration is required for live-in aides, foster children, or foster adults.

6202.11 Family members who declare citizenship or national status are not required to provide additional documentation unless DCHA receives information indicating that an individual's declaration may not be accurate.

6202.12 In addition to providing a signed declaration, those declaring eligible noncitizen status must sign a verification consent form and cooperate with DCHA efforts to verify their immigration status as described in Chapter 66.

6202.13 Those noncitizens who do not wish to contend their immigration status are required to have their names listed on a non-contending family member listing, signed by the head, spouse, or co-head (regardless of citizenship status), indicating their ineligible immigration status.

6202.14 DCHA is not required to verify a family member's ineligible status and is not required to report an individual's unlawful presence in the U.S. to the United States Citizenship and Immigration Services (USCIS).

6202.15 Providing housing assistance to noncitizen students is prohibited. This prohibition extends to the noncitizen spouse of a noncitizen student as well as to minor children who accompany or follow to join the noncitizen student. Such prohibition does not extend to the citizen spouse of a noncitizen student or to the children of the citizen spouse and noncitizen student. Such a family is eligible for prorated assistance as a mixed family.

6202.16 Families that include eligible and ineligible individuals are considered "mixed families." Such families shall be given notice that their assistance will be

prorated, and that they may request a hearing if they contest this determination.

6202.17 DCHA shall not provide assistance to a family before the verification of at least one family member as a citizen, national, or eligible noncitizen;- (a) When DCHA determines that an applicant family does not include any citizens, nationals, or eligible noncitizens, following the verification process, the family shall be sent a written notice within twenty (20) business days of the determination; and

- (b) The notice shall explain the reasons for the denial of assistance and shall advise the family of its right to request an appeal to the USCIS, or to request a grievance hearing with DCHA. The grievance hearing with DCHA may be requested in lieu of the USCIS appeal, or at the conclusion of the USCIS appeal process. The notice must also inform the applicant family that assistance may not be delayed until the conclusion of the USCIS appeal process, but that it may be delayed pending the completion of the grievance hearing process.6202.18 For new occupants joining the resident family, DCHA must verify status at the first interim or regular reexamination following the person's occupancy, whichever comes first.6202.19 If an individual qualifies for a time extension for the submission of required documents, DCHA must grant such an extension for no more than thirty (30) days.6202.20 Each family member is required to submit evidence of eligible status only one time during continuous occupancy.6202.21 DCHA shall verify the status of applicants at the time other eligibility factors are determined.6202.22 The applicant and all members of the applicant's household must disclose the complete and accurate social security number (SSN) assigned to each household member, and the documentation necessary to verify each SSN.6202.23 If a child under age six (6) has been added to an applicant family within the six (6) months prior to program admission, an otherwise eligible family may be admitted to the program and must disclose and document the child's SSN within ninety (90) days of admission.6202.24 Each participant who has not previously disclosed an SSN, has previously disclosed an SSN that HUD, or the SSA, determined was invalid, or has been

issued a new SSN, must submit their complete and accurate SSN and the documentation required to verify the SSN at the time of the next interim or regular reexamination or recertification.

6202.25 Participants age sixty-two (62) or older as of January 31, 2010, whose determination of eligibility was begun before January 31, 2010, are exempt from the requirement in § 6202.24 and remain exempt even if they move to a new assisted unit.

6202.26 DCHA must deny assistance to an applicant family if they do not meet the SSN disclosure and documentation requirements contained in 24 CFR § 5.216.

6202.27 Each adult family member, and the head of household, spouse, or co-head, regardless of age, shall sign form HUD-9886-A, Authorization for the Release of Information/Privacy Act Notice, the form HUD-52675, Debts Owed to Public Housing Agencies and Terminations, and other consent forms as needed to collect information relevant to the family’s eligibility and level of assistance.

6202.28 DCHA must deny admission to the program if any member of the applicant family fails to sign and submit consent forms which allow DCHA to obtain information that DCHA has determined is necessary in administration of the public housing program. Revocation of consent to the form HUD-9886-A by any family member will result in termination or denial of admission.

6202.29 Prior to admission to the program, DCHA must search for all household members using the EIV Existing Tenant Search module. DCHA must review the reports for any SSA matches involving another PHA or a multifamily entity and follow up on any issues identified. DCHA must provide the family with a copy of the Existing Tenant Search results if requested. At no time may any family member receive duplicative assistance (that is, they cannot have two or more housing subsidies at once).

Example: A family member cannot live in two assisted units. If EIV shows a person already lives in another public housing or HCV household, they must be removed from that household before they can be approved to lease up in DHCA’s public housing unit.

6202.30 If the tenant is a new admission to DCHA, and a match is identified at a multifamily property, DCHA must report the program admission date to the multifamily property and document the notification in the tenant file. The family must provide documentation of move-out from the assisted unit, as applicable.

6202.31 DCHA shall contact the PHA, or owner identified in the report, to confirm that the family has moved out of the unit and obtain documentation of current tenancy

status, including a form HUD-50058 or 50059, as applicable, showing an end of participation. DCHA shall only approve assistance contingent upon the move-out from the currently occupied assisted unit.

6202.32 All adult household members must sign the form HUD-52675, Debts Owed to Public Housing and Terminations module. Prior to admission to the program, DCHA must search for each adult family member in the Debts Owed to PHAs and Terminations module.

6202.33 If a current or former tenant disputes the information in the EIV Existing Tenant Search module or Former Tenant Search/Debts Owed to PHAs & Terminations module, the tenant should contact the PHA directly in writing to dispute the information and provide any documentation that supports the dispute. If DCHA determines that the disputed information is incorrect, DCHA will update or delete the record from the EIV Existing Tenant Search or Former Tenant Search/Debts Owed to PHAs & Terminations module. Former tenants may dispute debt and termination information for a period of up to three (3) years from the end of participation date in the program.

6202.34 DCHA shall require each adult household member to sign the form HUD-52675 (Debts Owed to Public Housing Agencies (PHAs) and Terminations form) once at the eligibility determination. Any new members added to the household after admission are required to sign the form HUD-52675 prior to being added to the household.

6202.35 DCHA shall search the Debts Owed to PHAs and Terminations module as part of the eligibility determination for new households and as part of the screening process for any household members added after the household is admitted to the program. If any information on debts or terminations is returned by the search, DCHA shall determine if this information warrants a denial in accordance with the policies in § 6203 of this chapter.

6202.36 For each new admission, DCHA is required to review the EIV Income and IVT Reports to confirm and validate family reported income within one hundred twenty (120) days of the IMS/PIC submission date of the new admission. DCHA must print and maintain copies of the EIV Income and IVT reports in the tenant file and resolve any discrepancies with the family within sixty (60) days of the EIV Income or IVT report dates.

SOURCE: Notice of Final Rulemaking published at 33 DCR 7973, 8005-8006 (December 26, 1986); as amended by Notice of Final Rulemaking published at 48 DCR 9814 (October 26, 2001); as amended by Final Rulemaking published at 73 DCR 007351 (May 15, 2026).