6402.1 [RESERVED]

6402.2 This § 6402 describes DCHA’s policies with regard to the number of unit offers that will be made to applicants selected from the waiting list(s). This § 6402 also describes DCHA’s policies for offering units with accessibility features.

6402.3 DCHA shall maintain a record of units offered, including location, date, and circumstances of each offer, each acceptance or rejection, including the reason for the rejection.

6402.4 Except for transfers based on a reasonable accommodation and emergency transfers, waiting list admissions shall take precedence over transfers at the ratio of five (5) new admissions from the waiting list to one (1) transfer.

6402.5 DCHA shall offer two (2) units within the development(s) selected by the applicant. If more than one unit of the appropriate type and size is available, the first unit to be offered will be the first unit that is ready for occupancy.

6402.6 If an applicant refuses two (2) unit offers without good cause, as defined in 6402.10, applicant shall be removed from all site-based waiting lists.

6402.7 Applicants must accept or refuse a unit offer within three (3) business days of the date of the unit offer.

6402.8 DCHA may offer a unit to an applicant by email or by telephone. For offers made by phone, DCHA will also confirm the unit offer in writing, by mail or email.

6402.9 Applicants may refuse to accept a unit offer for “good cause” without adversely affecting their position on any site-based waiting list.

6402.10 “Good cause” includes situations in which an applicant is willing to move but is unable to do so at the time of the unit offer, or the applicant demonstrates that acceptance of the offer would cause undue hardship not related to considerations of the applicant’s race, color, national origin, etc. Examples of good cause for refusal of a unit offer include, but are not limited to, the following:

(a) The family demonstrates that the unit offered is inaccessible to a family member’s employment, education, job training, children’s day care, or educational program for children with disabilities; and will require them to quit a job, drop out of an educational institution or job training program, or take a child out of day care or an educational program for children with disabilities.

(b) The family demonstrates to DCHA's satisfaction that accepting the offer will place a family member's life, health, or safety in jeopardy. The family should offer specific and compelling documentation such as restraining orders; other court orders; risk assessments related to witness protection from a law enforcement agency; or documentation of domestic violence, dating violence, sexual assault, and/or stalking in accordance with Chapter 81 of this Title. Reasons offered must be specific to the family. Refusals due to location alone do not qualify for this good cause exemption;

(c) A health professional verifies temporary hospitalization or recovery from illness of the principal household member, other household members (as listed on final application) or live-in aide necessary to the care of the principal household member;

(d) The unit is inappropriate for the applicant's disabilities, or the family does not need the accessible features in the unit offered and does not want to be subject to a thirty (30) day notice to move; or

(e) The unit has lead-based paint and the family includes children under the age of six (6).

6402.11 In the case of a unit refusal for good cause, the applicant shall not be removed from any waiting list. The applicant shall remain at the top of the waiting list until the family receives the required number of unit offers specified in § 6402.6 for which they do not have good cause to refuse.

6402.12 Good cause refusals are not subject to the unit offer limit described in § 6402.4.

6402.13 The applicant must provide documents to verify their reason for a good cause refusal. If the applicant is unable to provide documents for verification, DCHA will consider the offer to be refused without good cause.

6402.14 When an applicant rejects the final unit offer without good cause, DCHA shall remove the applicant's name from all site-based waiting lists and send notice in writing to the family of such removal by letter and/or email. The notice shall inform the family of their right to request an informal hearing and the process for doing so.

6402.15 The Applicant may reapply for assistance if the waiting list is open. If the waiting

list is not open, the Applicant must wait to reapply until DCHA opens the waiting list.

6402.16 When an accessible unit becomes vacant, before offering such units to a non-disabled applicant, DCHA must offer such units:

(a) First, to a current resident of another unit of the same development, or other public housing development under DCHA control, who has a disability that requires the special features of the vacant unit and is occupying a unit not having such features, or if no such occupant exists; or

(b) Second, to an eligible qualified applicant on the waiting list having a disability that requires the special features of the vacant unit.

6402.17 Families requiring an accessible unit may be over-housed in such a unit if there are no resident or applicant families of the appropriate size who also require the accessible features of the unit.

6402.18 When there are no resident or applicant families requiring the accessible features of the unit, including families who would be over-housed, DCHA will offer the unit to a non-disabled applicant.

6402.19 When offering an accessible unit to a non-disabled applicant, DCHA will require the applicant to agree to move to an available non-accessible unit within thirty (30) days when either a current resident or an applicant needs the features of the unit and there is another unit available for the non-disabled family. This requirement will be a provision of the lease agreement.

6402.20 Upon leasing up, the family will be removed from all public housing waiting lists.

SOURCE: Notice of Final Rulemaking published at 49 DCR 2462, 2464-67 (March 15, 2002); as amended by Final Rulemaking published at 65 DCR 13209 (November 30, 2018); as amended by Final Rulemaking published at 73 DCR 007351 (May 15, 2026).