6303 TENANT SELECTION

6303.1 [RESERVED].

6303.2 [RESERVED].

6303.3 DCHA will maintain a clear record of all information required to verify that the family is selected from the waiting list as explained in this § 6300.

6303.4 DCHA's policies will be posted any place where DCHA receives applications.

6303.5 DCHA must provide a copy of its tenant selection policies upon request to any applicant or tenant.

6303.6 When an applicant or resident family requests a copy of DCHA's tenant selection policies, DCHA shall provide copies to them free of charge.

6303.7 DCHA may establish preferences for certain site-based waiting lists, which may establish an elderly family preference to be used in conjunction with a returning former resident of the site. These sites include, but are limited to, the Kenilworth 166 and The Asberry (Barry Farm Phase 1B) communities. Notwithstanding anything to the contrary in this ACOP, the definition of "elderly person" to be used at Kenilworth 166 and The Asberry (Barry Farm Phase 1B) sites shall be, pending HUD's approval of DCHA's FY 2024 Annual Plan, a person who is at least fifty-five (55) years of age and an "elderly family" shall be a family in which the head of household, co-head of household, or spouse is an elderly person.

6303.8 DCHA has a preference for any tenant-based or project-based family in the HCV program displaced due to Housing Quality Standards (HQS) noncompliance (in accordance with 24 CFR § 982.404(e)(2) and 24 CFR § 983.208(d)(6)(ii)). Specifically, DCHA will offer, and if accepted, provide the family a selection preference for an appropriate-size public housing unit that first becomes available for occupancy if:

(a) The housing assistance payment (HAP) contract is terminated or the unit is removed from a HAP contract due to failure to correct HQS deficiencies at least 90 days or a longer period as DCHA determines is reasonable necessary following the termination of the HAP contract or removal of the unit from the HAP contract, and

(b) The family is given a tenant-based voucher to move to a new unit, but

(c) The family is unable to lease a new tenant-based unit within the period provided by DCHA.

6303.9 HUD requires that extremely low-income families make up at least forty (40) percent of the families admitted to public housing during DCHA's fiscal year. Extremely low-income families are those with annual incomes at or below the federal poverty level or thirty percent (30%) of the area median income, whichever number is higher. To ensure this requirement is met, DCHA may skip non-extremely low-income families on the waiting list in order to select an extremely low-income family.

6303.10 Admissions of extremely low-income families to the DCHA's HCV program during a DCHA fiscal year that exceed the seventy-five percent (75%) minimum target requirement for the voucher program, shall be credited against the DCHA's basic targeting requirement in the public housing program for the same fiscal year. However, under these circumstances the fiscal year credit to the public housing program 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 admissions to DCHA's HCV program during the DCHA fiscal year; or

(c) The number of qualifying low-income families who commence occupancy during the DCHA fiscal year 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.

6303.11 DCHA shall monitor progress in meeting the extremely low-income family requirement throughout the fiscal year. Extremely low-income families shall be selected ahead of other eligible families on an as-needed basis to ensure that the income targeting requirement is met.

6303.12 [RESERVED].

6303.13 DCHA has received approval from HUD to establish a local definition of elderly. Accordingly, an elderly family means a family whose head, spouse, co-head, or sole member is a person who is at least fifty-five (55) years of age. Disabled family means a family whose head, spouse, co-head, or sole member is a person with disabilities.

6303.14 [RESERVED].

6303.15 [RESERVED].6303.16 DCHA may not discriminate against elderly or disabled families that include children in accordance with the Fair Housing Amendments Act of 1988 and other applicable law.6303.17 DCHA may designate projects or portions of a public housing project specifically for elderly or disabled families. DCHA must have a HUD-approved designated housing plan before the designation may take place.6303.18 Among the designated developments, DCHA must also apply any preferences that it has established. If there are not enough elderly families to occupy the units in a designated elderly development, DCHA may allow near-elderly families to occupy the units. Near-elderly family means a family whose head, spouse, or co-head is at least fifty (50) years old, but is less than fifty-five (55) years old.6303.19 If there are an insufficient number of elderly families and near-elderly families for the units in a development designated for elderly families, DCHA must make available to all other families any unit that is ready for re-rental and has been vacant for more than sixty (60) consecutive days.6303.20 The decision of any disabled family or elderly family not to occupy or accept occupancy in designated housing shall not have an adverse effect on their admission or continued occupancy in public housing or their position on or placement on the waiting list. However, this protection does not apply to any family who refuses to occupy or accept occupancy in designated housing because of the race, color, religion, sex, disability, familial status, or national origin of the occupants of the designated housing or the surrounding area.6303.21 The protection discussed in § 6303.18 does apply to an elderly family or disabled family that declines to accept occupancy, respectively, in a designated project for elderly families or for disabled families, and requests occupancy in a general occupancy project or in a mixed population project.6303.22 [RESERVED]6303.23 DCHA's admission policy must be designed to provide for deconcentration of poverty and income-mixing by bringing higher income tenants into lower income projects and lower income tenants into higher income projects. A statement of the DCHA's deconcentration policies must be included in its MTW plan.6303.24 DCHA's deconcentration policy must comply with its obligation to meet the income targeting requirement.

6303.25 Developments subject to the deconcentration requirement are referred to as “covered developments” and include general occupancy (family) public housing developments. The following developments are not subject to deconcentration and income mixing requirements:- (a) Developments operated by DCHA with fewer than one hundred (100) public housing units;

- (b) Mixed population or developments designated specifically for elderly or disabled families;

- (c) Developments operated by DCHA with only one general occupancy development;

- (d) Developments approved for demolition or for conversion to tenant-based public housing; and

- (e) Developments approved for a mixed-finance plan using HOPE VI or public housing funds.6303.26 To implement the statutory requirement to deconcentrate poverty and provide for income mixing in covered developments, DCHA must comply in order with the following steps:- (a) DCHA will determine the average income of all families residing in all DCHA covered developments.

- (b) DCHA will determine the average income of all families in all covered developments on an annual basis.

- (c) DCHA will determine the average income (or median income, if median income was used in § 6303.26(b)) of all families residing in each covered development.

- (d) In determining average income for each development, DCHA may adjust its income analysis for unit size.

- (e) DCHA will determine the average income of all families residing in each covered development (not adjusting for unit size) on an annual basis.

- (f) DCHA will then determine whether each of its covered developments falls above, within, or below the established income range (EIR), which is from eighty-five to one hundred fifteen percent (85% to 115%) of the average family income determined in § 6303.24(a) or (b). However, the upper limit

must never be less than the income at which a family would be defined as an extremely low-income family (federal poverty level or thirty percent (30%) of median income, whichever number is higher);

(g) If covered developments have average incomes outside the EIR, DCHA will then determine whether or not these developments are consistent with its local goals and annual plan; and

(h) If the income profile for a covered development is not explained or justified in the annual plan submission, DCHA will include in its admission policy its specific policy to provide for deconcentration of poverty and income mixing.

6303.27 DCHA's deconcentration policy may include, but is not limited to the following:

(a) Providing incentives to encourage families to accept units in developments where their income level is needed, including rent incentives, affirmative marketing plans, or added amenities;

(b) Targeting investment and capital improvements toward developments with an average income below the EIR to encourage families with incomes above the EIR to accept units in those developments;

(c) Establishing a preference for admission of working families in developments below the EIR;

(d) Skipping a family on the waiting list to reach another family in an effort to further the goals of deconcentration; and

(e) Providing other strategies permitted by statute and determined by DCHA in consultation with the residents and the community through the annual plan process to be responsive to local needs and DCHA strategic objectives.

6303.28 For developments outside the EIR, DCHA shall take the following actions to provide for deconcentration of poverty and income mixing:

(a) Continue employment and self-sufficiency efforts for residents living in public housing to increase family's income;

(b) Utilize local preferences (if any) and income targeting to admit families whose income exceed thirty percent (30%) of the area median income (AMI); and

(c) Select ELI families ahead of other eligible families on an as-needed basis to ensure the income-targeting requirement is met.

6303.29 A family has the sole discretion whether to accept an offer of a unit made under the DCHA's deconcentration policy. DCHA must not take any adverse action toward any eligible family for choosing not to accept an offer of a unit under the DCHA's deconcentration policy.

6303.30 If, at annual review, the average incomes at all general occupancy developments are within the EIR, DCHA will be considered to be in compliance with the deconcentration requirement and no further action is required.

6303.31 [RESERVED].

6303.32 Families will be selected from the waiting list based on the waiting list position assigned by random selection method (if the waiting list was opened for a finite period) or by date and time of application (if the waiting list is open continuously). When selecting applicants from the waiting list, DCHA shall match the characteristics of the available unit (unit size, accessibility features, unit type) to the applicants on the waiting lists. DCHA shall offer the unit to the applicant who qualifies for that unit size or type, or that requires the accessibility features based upon date and time of the application:

(a) By matching unit and family characteristics, it is possible that families who are lower on the waiting list may receive an offer of housing ahead of families with an earlier date and time of application; and

(b) Factors such as deconcentration or income mixing, and income targeting shall also be considered in accordance with HUD requirements and DCHA policy.

6303.33 DCHA shall notify the family in writing when they are selected from the waiting list. DCHA may contact the family by first-class mail, email, and/or phone.

6303.34 The notice shall inform the family of the following:

(a) Date, time, and location of the scheduled application interview, including any procedures for rescheduling the interview;

(b) Who is required to attend the interview;

(c) Documents that must be provided at the interview to document the legal identity of household members, including information about what

constitutes acceptable documentation;

(d) Documents that must be provided at the interview to document eligibility for a preference, if applicable; and

(e) Other documents and information that should be brought to the interview.

6303.35 If a notification letter is returned to DCHA with no forwarding address, the family shall be removed from the waiting list without further notice.

6303.36 The failure of the applicant to respond to the DCHA notice sent pursuant to § 6303.33 prevents DCHA from making an eligibility determination; therefore, no informal hearing shall be offered.

6303.37 Being invited to attend an interview does not constitute admission to the program.

6303.38 Families selected from the waiting list are required to participate in an eligibility interview.

(a) All adult members of the household must attend the eligibility appointment;

(b) The interview shall be conducted only if the head of household or spouse or co-head provides appropriate documentation of legal identity. If the family representative does not provide the required documentation, the appointment may be rescheduled when the proper documents have been obtained;

(c) Pending disclosure and documentation of social security numbers, DCHA shall allow the family to retain its place on the waiting list for thirty (30) calendar days. If not, all household members have disclosed their SSNs at the next time a unit becomes available, DCHA shall offer a unit to the next eligible applicant family on the waiting list;

(d) The family must provide the information necessary to establish the family's eligibility, including suitability, and to determine the appropriate amount of rent the family shall pay. The family must also complete required forms, provide required signatures, and submit required documentation. If any materials are missing, DCHA shall provide the family with a written list of items that must be submitted;

(e) Any required documents or information that the family is unable to provide at the interview must be provided within ten (10) business days of

the interview. If the family is unable to obtain the information or materials within the required time frame, the family may request an extension. If the required documents and information are not provided within the required time frame (plus any extensions), the family shall be sent a notice of denial;

(f) DCHA will permit the family to have an advocate, interpreter, or other assistant assist the family with the application and the interview process;

(g) Interviews shall be conducted in English. For LEP applicants, DCHA shall provide translation and interpretation services in accordance with § 6104, and as necessary, may reschedule the interview to accommodate the provision of such services; and

(h) If the family is unable to attend a scheduled interview, the family should contact DCHA in advance of the interview to schedule a new appointment. In all circumstances, if a family does not attend a scheduled interview, DCHA shall send another notification letter with a new interview appointment time. Applicants who fail to attend two (2) scheduled interviews without DCHA approval shall be removed from the waiting list. The second appointment letter shall state that failure to appear for the appointment without a request to reschedule shall be interpreted to mean that the family is no longer interested. Such failure to act on the part of the applicant prevents DCHA from making an eligibility determination, therefore DCHA shall not offer an informal hearing.

6303.39 [RESERVED].

6303.40 DCHA shall notify a family in writing of their eligibility within ten (10) business days of the determination and shall provide the approximate date of occupancy insofar as that date can be reasonably determined.

6303.41 DCHA shall expedite the administrative process for determining eligibility to the extent possible for applicants who are admitted to the public housing program as a result of an emergency transfer from another DCHA program.

6303.42 At final determination of eligibility, as applicants are pulled from the waiting lists and forwarded for lease-up, DCHA extended the length of time to one hundred eighty (180) days that the verified application data is deemed valid per its approved MTW policy.

6303.43 If DCHA determines that the family is ineligible, DCHA shall send written notification of the ineligibility determination within ten (10) business days of the determination. The notice shall specify the reasons for ineligibility and shall

inform the family of its right to request an informal hearing.

6303.44 If DCHA uses a criminal record or sex offender registration information obtained under 24 CFR Part 5, Subpart J, as the basis of a denial, a copy of the record must precede the notice to deny, with an opportunity for the applicant to dispute the accuracy and relevance of the information before DCHA can move to deny the application.

6303.45 DCHA must provide the family a notice of VAWA rights (form HUD-5380) as well as the HUD VAWA self-certification form (form HUD-5382) in accordance with VAWA, at the time the applicant is provided assistance or at the time the applicant is denied assistance. This notice must be provided in both of the following instances:

(a) When a family actually begins receiving assistance (lease execution); or

(b) When a family is notified of its ineligibility.

SOURCE: Notice of Final Rulemaking published at 33 DCR 7973, 8013-14 (December 26, 1986); as amended by Final Rulemaking published at 39 DCR 2291, 2292 (April 3, 1992); and Notice of Final Rulemaking published at 49 DCR 2455-56 (March 15, 2002); as amended by Final Rulemaking published at 73 DCR 007351 (May 15, 2026).