7702 DCHA-REQUIRED TRANSFERS

7702.1 The following are types of DCHA-required transfers:

1. (a) DCHA may require a resident to transfer to make an accessible unit available to a disabled family;
2. (b) DCHA may transfer a resident who is over housed or underhoused based on the occupancy standards defined at § 6401;
3. (c) DCHA may transfer residents in order to demolish, revitalize, or renovate the unit;
4. (d) DCHA may transfer residents as a result of a judicial proceeding;
5. (e) DCHA may transfer residents to alleviate a verified threat of physical harm or criminal activity. Such circumstances may, at DCHA's discretion, include an assessment by law enforcement indicating that a family member is the actual or potential victim of a criminal attack, retaliation for testimony, or a hate crime. DCHA will verify such threats in coordination with DCHA's Office of Public Safety;
6. (f) DCHA may transfer residents to alleviate any other conditions of hardship as determined by DCHA to effectuate DCHA goals or objectives; and
7. (g) Transfer required by DCHA is an adverse action that is subject to the notice requirements for adverse actions.

7702.2 Transfers required by DCHA, as defined at § 7702.1, are mandatory for the tenant.

7702.3 When a family is initially given an accessible unit, but does not require the accessible features, DCHA may require the family to agree to move to a non-accessible unit when it becomes available.

7702.4 When a non-accessible unit becomes available, DCHA shall transfer a family living in an accessible unit that does not require the accessible features, to an available unit that is not accessible. DCHA may wait until a disabled resident requires the accessible unit before transferring the family that does not require the accessible features out of the accessible unit.

7702.5 DCHA may require a resident to move when a reexamination indicates that there has been a change in family composition, and the family is either overcrowded or over-housed.

7702.6 DCHA may initially place a resident in an inappropriately sized unit at lease-up, where the family is over-housed, to prevent vacancies. The public housing lease must include the tenant's agreement to transfer to an appropriately sized unit based on family composition.7702.7 The following applies to overcrowded and over-housed tenants:- (a) DCHA transfers a family when the family size has changed and the family is now too large (overcrowded) or too small (over-housed) for the unit occupied;

- (b) For purposes of the transfer policy, overcrowded and over-housed are defined as follows:

- (1) 'Overcrowded' is when the number of household members exceeds the maximum number of persons allowed for the unit size in which the family resides, according to the policy in 6401; and

- (2) 'Over-housed' is when the family no longer qualifies for the bedroom size in which they are living based on DCHA's occupancy standards according to § 6401.

- (c) DCHA may also transfer a family who was initially placed in a unit in which the family was over-housed to a unit of an appropriate size based on DCHA's occupancy standards, when DCHA determines there is a need for the transfer;

- (d) DCHA may elect not to transfer an over-housed family in order to prevent vacancies;

- (e) A family that is required to move because of family size is advised by DCHA that a transfer is necessary, and that the family has been placed on the transfer list; and

- (f) Families that request and are granted an exception to the occupancy standards (for either a larger or smaller size unit) in accordance with the policies in § 6401 are only required to transfer if it is necessary to comply with the approved exception.7702.8 The transfers in this Chapter 77 permit DCHA to demolish, sell, or do major capital, or rehabilitation work at a building site.

7702.9 The following applies to relocations in transfer situations:- (a) DCHA will relocate a family when the unit or site in which the family lives will undergo major rehabilitation that requires the unit to be vacant, or the unit will be disposed of or demolished. DCHA's relocation plan may or may not require transferring affected families to other available public housing units;

- (b) If the relocation plan calls for transferring public housing families to other public housing units, then affected families shall be placed on the transfer list; and

- (c) If they are necessitated by rehabilitation or redevelopment, relocations may be on-site or off-site and may be temporary. For such relocations, the right of a family to return to the property will be consistent with federal law, DCHA policies, and DCHA agreements with residents.7702.10 DCHA will pay or reimburse the reasonable costs of transfers that DCHA requires, except that resident are required to bear the cost of occupancy standards transfers.7702.11 The reasonable costs of transfers include the cost of packing, moving, and unloading.7702.12 DCHA establishes a moving allowance based on the typical costs in the community of packing, moving, and unloading.7702.13 DCHA reimburses the family for eligible out-of-pocket moving expenses up to DCHA's established moving allowance.

SOURCE: Final Rulemaking published at 73 DCR 007351 (May 15, 2026).