D.C. Mun. Regs. tit. 14, § 6203
6203.1 A family that does not meet the eligibility criteria discussed in §§ 6201 and 6202 must be denied admission.
6203.2 This Section covers the following topics:
6203.3 DCHA shall deny assistance in the following cases:
(3) In determining “reasonable cause,” DCHA considers all credible evidence, including but not limited to, any record of convictions, arrests, or evictions of household members related to the use of illegal drugs or the abuse of alcohol. A record or records of arrest shall not be used as the sole basis for the denial or proof that the applicant engaged in disqualifying criminal activity. DCHA also considers evidence from treatment providers or community-based organizations providing services to household members;
(c) Any household member has ever been convicted of drug-related criminal activity for the production or manufacture of methamphetamine on the premises of federally assisted housing; and
(d) Any household member is subject to a lifetime registration requirement under a state lifetime sex offender registration program.
6203.4
If any household member is currently engaged in or has engaged in any of the following criminal activities within the past five (5) years, the family shall be denied admission:
(a) “Drug-related criminal activity,” is the illegal manufacture, sale, distribution, or use of a drug, or the possession of a drug with intent to manufacture, sell, distribute, or use the drug;
(b) “Violent criminal activity” is any criminal activity that has as one of its elements the use, attempted use, or threatened use of physical force substantial enough to cause, or be reasonably likely to cause, serious bodily injury or property damage;
(c) Criminal activity that may threaten the health, safety, or welfare of other tenants;
(d) Criminal activity that may threaten the health or safety of DCHA staff, contractors, subcontractors, or agents;
(e) Criminal sexual conduct, including but not limited to sexual assault, incest, open and gross lewdness, or child abuse;
(f) Evidence of such criminal activity includes, but is not limited to:
(1) Any record of convictions, arrests, or evictions for suspected drug-related or violent criminal activity of household members within the past five (5) years; and
(2) A record, or records of arrest, shall not be used as the sole basis for the denial or proof that the applicant engaged in disqualifying criminal activity.
(g) In making its decision to deny assistance, DCHA considers the factors discussed in § 6203.10-19. Upon consideration of such factors, DCHA may, on a case-by-case basis, decide not to deny assistance.
6203.5 DCHA shall deny admission to an applicant family if DCHA determines that the family:
personnel;
(1) “Abusive or violent behavior towards DCHA personnel” includes verbal as well as physical abuse or violence. Use of racial epithets, or other language, written or oral, that is customarily used to intimidate may be considered abusive or violent behavior.
(2) “Threatening” refers to oral or written threats or physical gestures that communicate intent to abuse or commit violence.
(i) In making its decision to deny admission, DCHA shall consider the factors discussed in § 6203.13. Upon consideration of such factors, DCHA may, on a case-by-case basis, decide not to deny admission; and
(j) DCHA shall consider the existence of mitigating factors, such as loss of employment or other financial difficulties, before denying admission to an applicant based on the failure to meet prior financial obligations.
6203.6 DCHA performs criminal background checks through local and national law enforcement for all adult household members.
6203.7 DCHA may not pass along to the applicant the costs of a criminal records check.
6203.8 DCHA uses the Dru Sjodin National Sex Offender database to screen applicants for admission.
6203.9 DCHA shall obtain information from drug abuse treatment facilities to determine whether any applicant family’s household members are currently engaging in illegal drug activity only when DCHA has determined that the family will be denied admission based on a family member’s drug-related criminal activity, and the family claims that the culpable family member has successfully completed a supervised drug or alcohol rehabilitation program. “Currently engaged in” is defined as any use of illegal drugs during the previous three (3) months.
6203.10 DCHA considers the family’s history with respect to the following factors:
(a) Payment of rent and utilities;
(b) Caring for a unit and premises;
(c) Respecting the rights of other residents to the peaceful enjoyment of their housing;
(d) Criminal activity that is a threat to the health, safety, or property of others;
(e) Behavior of all household members as related to the grounds for denial as detailed in §§ 6203.3-5; and
(f) Compliance with any other essential conditions of tenancy.
6203.11 To determine the suitability of applicants DCHA may examine applicant history for the past three (3) years. Such background checks include:
(a) PHA and landlord references for the past three (3) years, gathering information about past performance meeting rental obligations such as rent payment record, late payment record, whether the PHA/landlord ever began or completed lease termination for non-payment, and whether utilities were ever disconnected in the unit. PHAs and landlords may be asked if they would rent to the applicant family again;
(b) Utility company references covering the monthly amount of utilities, late payment, disconnection, return of a utility deposit, and whether the applicant can get utilities turned on in their name (use of this inquiry may be reserved for applicants applying for units where there are tenant-paid utilities);
(c) If an applicant has no rental payment history, DCHA may check court records of eviction actions and other financial judgments, and credit reports. A lack of credit history will not disqualify someone from becoming a public housing resident, but a poor credit rating may;
(d) Applicants with no rental payment history are also asked to provide DCHA with personal references. The references may be requested to complete a verification of the applicant's ability to pay rent if no other documentation of ability to meet financial obligations is available. The applicant may also be required to complete a checklist documenting their ability to meet financial obligations;
(e) If previous landlords or the utility company do not respond to requests from DCHA, the applicant may provide other documentation that demonstrates their ability to meet financial obligations (e.g., rent receipts, cancelled checks, etc.);
(f) PHA and landlord references for the past three (3) years, gathering information on whether the applicant kept a unit clean, safe and sanitary; whether they violated health or safety codes; whether any damage was done by the applicant to a current or previous unit or the development,
and, if so, how much the repair of the damage cost; whether the applicant's housekeeping caused insect or rodent infestation; and whether the neighbors complained about the applicant or whether the police were ever called because of disturbances;
(g) Police and court records within the past three (3) years are used to check for any evidence of disturbance of neighbors or destruction of property that might have resulted in arrest or conviction. A record or records of arrest are not used as the sole basis for the denial or proof that the applicant engaged in disqualifying activity;
(h) A personal reference is requested to complete a verification of the applicant's ability to care for the unit and avoid disturbing neighbors if no other documentation is available. In these cases, the applicant is also required to complete a checklist documenting their ability to care for the unit and to avoid disturbing neighbors; and
(i) Home visits may be used to determine the applicant's ability to care for the unit.
6203.12 DCHA uses the preponderance of the evidence as the standard for making all admission decisions. "Preponderance of the evidence" is defined as evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence which as a whole shows that the fact sought to be proved is more probable than not. Preponderance of the evidence may not be determined by the number of witnesses, but by the greater weight of all evidence.
6203.13 DCHA will consider the following facts and circumstances prior to making its decision:
(a) The seriousness of the case, especially with respect to how it would affect other residents' safety or property;
(b) The effects that denial of admission may have on other members of the family who were not involved in the action or failure to act;
(c) The extent of participation or culpability of individual family members, including whether the culpable family member is a minor or a person with disabilities, or a victim of domestic violence, dating violence, sexual assault, and/or stalking;
(d) The length of time since the violation occurred, including the age of the individual at the time of the conduct, as well as the family's recent history and the likelihood of favorable conduct in the future;
(e) While a record or records of arrest are not used as the sole basis for denial, an arrest may trigger an investigation to determine whether the applicant engaged in disqualifying criminal activity. As part of its investigation, DCHA may obtain the police report associated with the arrest and consider the reported circumstances of the arrest. DCHA may also consider:
(1) Any statements made by witnesses, or the applicant not included in the police report;
(2) Whether criminal charges were filed;
(3) Whether, if filed, criminal charges were abandoned, dismissed, not prosecuted, or ultimately resulted in an acquittal;
(4) Any other evidence relevant to determining whether the applicant engaged in disqualifying activity;
(5) Evidence of criminal conduct is considered if it indicates a demonstrable risk to safety and/or property;
(6) Evidence of the applicant family's participation in or willingness to participate in social service or other appropriate counseling service programs; and
(7) In the case of drug or alcohol abuse, whether the culpable household member is participating in or has successfully completed a supervised drug or alcohol rehabilitation program or has otherwise been rehabilitated successfully. DCHA requires the applicant to submit evidence of the household member's current participation in or successful completion of a supervised drug or alcohol rehabilitation program, or evidence of otherwise having been rehabilitated successfully.
6203.14 As a condition of receiving assistance, a family may agree to remove the culpable family member from the application. In such instances, the head of household must certify that the family member is not permitted to visit or to stay as a guest in the public housing unit.
6203.15 If the family indicates that the behavior of a family member with a disability is the reason for the proposed denial of admission, DCHA shall determine whether the behavior is related to the disability. If so, upon the family's request, DCHA shall determine whether alternative measures are appropriate as a reasonable
accommodation. DCHA only considers accommodations that can reasonably be expected to address the behavior that is the basis of the proposed denial of admission.
6203.16 DCHA acknowledges that a victim of domestic violence, dating violence, sexual assault, and/or stalking may have an unfavorable history (such as a poor credit history, poor rental history, a record of previous damage to an apartment, a prior arrest record) due to adverse factors that would warrant denial under DCHA's policies;
6203.17 While DCHA is not required to identify whether adverse factors that resulted in the applicant's denial are a result of domestic violence, dating violence, sexual assault, and/or stalking, the applicant may inform DCHA that their status as a victim is directly related to the grounds for the denial. DCHA shall request that the applicant provide enough information to DCHA to allow DCHA to make an objectively reasonable determination, based on all circumstances, whether the adverse factor is a direct result of their status as a victim; and
6203.18 DCHA shall include in its notice of denial information about the protection against denial provided by VAWA, a notice of VAWA rights, and a copy of the form HUD-5382. DCHA shall request in writing that an applicant wishing to claim this protection notify the PHA within fourteen (14) business days.
6203.19 If an applicant claims the protection against denial of admission that VAWA provides to victims of domestic violence, dating violence, sexual assault, and/or stalking, DCHA shall request in writing that the applicant provide documentation supporting the claim in accordance with ACOP.
6203.20 If the perpetrator of the abuse is a member of the applicant family, the applicant must provide additional documentation consisting of one of the following:
(a) A signed statement: requesting that the perpetrator be removed from the application and certifying that the perpetrator will not be permitted to visit or to stay as a guest in the public housing unit; and
(b) Documentation that the perpetrator has successfully completed, or is successfully undergoing, rehabilitation or treatment. The documentation must be signed by an employee or agent of a domestic violence service provider or by a medical or other knowledgeable professional from whom the perpetrator has sought or is receiving assistance in addressing the abuse. The signer must attest under penalty of perjury to their belief that the rehabilitation was successfully completed or is progressing successfully. The victim and perpetrator must also sign or attest to the documentation.
6203.21 If, based on a criminal record or sex offender registration information, an applicant family appears to be ineligible, DCHA shall notify the family in writing of the proposed denial and provide a copy of the record to the applicant and to the subject of the record.
6203.22 The family shall be given ten (10) business days to dispute the accuracy and relevance of the information.
6203.23 If the family does not contact DCHA to dispute the information within that ten (10) day period, DCHA shall proceed with issuing the notice of denial of admission.
6203.24 A family that does not exercise their right to dispute the accuracy of the information prior to issuance of the official denial letter shall still be given the opportunity to do so as part of the informal hearing process.
6203.25 Notice requirements related to denying admission to noncitizens are contained in §§ 6203.3-5.
6203.26 Notice policies related to denying admission to applicants who may be victims of domestic violence, dating violence, sexual assault, and/or stalking are contained in § 6203.18.
SOURCE: Notice of Final Rulemaking published at 33 DCR 7973, 8006-8007 (December 26, 1986); as amended by Final Rulemaking published at 73 DCR 007351 (May 15, 2026).