6401 OCCUPANCY STANDARDS

6401.1 Occupancy standards are established by DCHA to ensure that units are occupied by families of the appropriate size. This policy maintains the maximum usefulness of the units, while preserving them from underutilization or from excessive wear and tear due to overcrowding.

6401.2 [RESERVED]

6401.3 In selecting a family to occupy a particular unit, DCHA will match characteristics of the family with the type of unit available, for example, number of bedrooms. See 24 CFR § 960.206(c).

6401.4 DCHA determines the size of unit the family qualifies for under the occupancy standards. DCHA does not determine who shares a bedroom or sleeping room.

6401.5 DCHA's occupancy standards for determining unit size will be applied in a manner consistent with fair housing requirements.

6401.6 DCHA shall use the same occupancy standards for each of its developments.

6401.7 DCHA will apply occupancy standards consistent with the stated gender provided by the family. DCHA may make exceptions to this occupancy standard policy where cases of gender identity and other household members are concerned. Exceptions will be made on a case-by-case basis.

6401.8 Generally, DCHA shall assign one (1) bedroom for each two (2) persons within the household, except in the following circumstances:

(a) Two (2) minors of different genders will not be required to share a bedroom; however, they may share a bedroom at the family's request;

(b) Two (2) minors of the same gender will share a bedroom regardless of age;

(c) A head of household and their spouse/partner will be allocated one bedroom; a single head of household without a spouse/domestic partner will not be required to share a room with another household member.

(d) A pregnant, sole-member head of household will be assigned a two (2) bedroom unit;

(e) Live-in aides will be allocated a separate bedroom. No additional bedrooms will be provided for the live-in aide's family;

(f) Single person families will be allocated a zero (0) or one (1) bedroom;

(g) Children related to a household member by birth, adoption, or court awarded custody will be considered when determining unit size;

(h) Foster children will be considered when determining unit size. The family may add foster children to the household as long as it does not overcrowd the unit based on DCHA's occupancy standards;

(i) Children away at school, but for whom the unit is considered the primary residence, and children temporarily placed outside the home, will be considered when determining unit size;

(j) Children in the process of being adopted will be considered when determining unit size;

(k) Children who will live in the unit less than fifty percent (50%) of the time will not be considered when determining unit size; and

(l) DCHA shall reference the following standards in determining the appropriate unit bedroom size for a family:

BEDROOM SIZE	MINIMUM NUMBER OF PERSONS	MAXIMUM NUMBER OF PERSONS
0	1	1
1	1	2
2	2	4
3	3	6
4	4	8
5	6	10
6	8	12

6401.9 DCHA shall consider granting exceptions to the occupancy standards at the family's request if DCHA determines the exception is justified by the relationship, age, sex, health or disability of family members, or other personal circumstances.

6401.10 (a) An exception may be granted for a smaller bedroom size in cases where the number of household members exceeds the maximum number of

persons allowed for the unit size in which the family resides (according to the chart in § 6401.8) and the family does not want to transfer to a larger size unit.

(b) When evaluating exception requests DCHA shall consider the size and configuration of the unit. In no case shall DCHA grant an exception that is in violation of local housing or occupancy codes, regulations or laws.

6401.11 Requests from applicants to be placed on the waiting list for a unit size smaller than designated by the occupancy standards shall be approved as long as the unit is not overcrowded according to local code, and the family agrees not to request a transfer for a period of two (2) years from the date of admission, unless they have a subsequent change in family size or composition.

6401.12 To prevent vacancies, DCHA may provide an applicant family with a larger unit than the occupancy standards permit. However, in these cases the family must agree to move to a suitable, smaller unit when another family qualifies for the larger unit and there is an appropriate size unit available for the family to transfer to.

6401.13 DCHA may grant exceptions as a reasonable accommodation in accordance with the provisions in Chapter 61.

6401.14 All requests for exceptions to the occupancy standards must be submitted in writing and may be submitted by mail, email, or in person.

6401.15 In the case of a request for exception as a reasonable accommodation, DCHA shall encourage the resident to make the request in writing using a reasonable accommodation request form. However, DCHA shall consider the exception request any time the resident indicates that an accommodation is needed whether or not a formal written request is submitted.

6401.16 Requests for a larger size unit must explain the need or justification for the larger size unit, and must include appropriate documentation. Requests based on health-related reasons must be verified by a knowledgeable professional source, unless the disability and the disability-related request for accommodation is readily apparent or otherwise known.

6401.17 DCHA will notify the family of its decision within fifteen (15) business days of receiving the family's request and all required verification documents. Reasonable accommodation requests will follow the provisions in Chapter 61 of this Title.

SOURCE: Notice of Final Rulemaking published at 49 DCR 2462, 2463-64 (March 15, 2002); as amended by notice of Final Rulemaking published at 53 DCR 9290, 9294 (November 17, 2006); as amended by notice of Final

Rulemaking published at 54 DCR 12312 (December 21, 2007); as amended by Final Rulemaking published at 73 DCR 007351 (May 15, 2026).