7803.1 [RESERVED]

7803.2 The following definitions are used for this and other parts of this chapter:

1. (a) “Affiliated individual” is defined in § 8107.3(a);
2. (b) “Covered person” means a tenant, any member of the tenant’s household, a guest, or another person under the tenant’s control;
3. (c) “Dating violence” is defined in § 8107.3(c);
4. (d) “Domestic violence” is defined in § 8107.3(d);
5. (e) “Drug” means a controlled substance as defined in Section 102 of the Controlled Substances Act (21 U.S.C. § 802);
6. (f) “Drug-related criminal activity” means the illegal manufacture, sale, distribution, or use of a drug, or the possession of a drug with the intent to manufacture, sell, distribute, or use the drug;
7. (g) “Guest” means a person temporarily staying in the unit with the consent of a tenant or other member of the household who has express or implied authority to so consent on behalf of the tenant;
8. (h) “Household” means the family and DCHA-approved live-in aide. The term household also includes foster children or foster adults that have been approved to reside in the unit;
9. (i) “Other person under the tenant’s control” means that the person, although not staying as a guest in the unit, is, or was at the time of the activity in question, on the premises because of an invitation from the tenant or other member of the household who has express or implied authority to so consent on behalf of the tenant. Absent evidence to the contrary, a person temporarily and infrequently on the premises solely for legitimate commercial purposes is not under the tenant’s control;
10. (j) “Premises” means the building or complex or development in which the public or assisted housing dwelling unit is located, including common areas and grounds;
11. (k) “Sexual assault” is defined in § 8107.3(e);

“Stalking” is defined in § 8107.3(f); and

“Violent criminal activity” means 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.

7803.3 The Violence Against Women Act explicitly prohibits DCHA from considering incidents of actual or threatened domestic violence, dating violence, sexual assault, and/or stalking as “other good cause” for terminating the assistance, tenancy, or occupancy rights of the victim or threatened victim of such violence.

7803.4 DCHA shall terminate the lease for drug-related criminal activity engaged in on or off the premises by any tenant, member of the tenant’s household or guest, and any such activity engaged in on the premises by any other person under the tenant’s control.

7803.5 DCHA will terminate the lease when it determines that a household member is illegally using a drug or DCHA determines that a pattern of illegal use of a drug interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents.

7803.6 DCHA will terminate the lease when a covered person engages in any criminal activity that threatens the health, safety, or right to peaceful enjoyment of the premises by other residents (including DCHA management staff residing on the premises) or by persons residing in the immediate vicinity of the development.

7803.7 DCHA will terminate the lease if the Lessee, household member, guest, or other person under the Lessee’s control engages in any violent criminal activity or, except as permitted by District of Columbia law, is in possession of any firearm or ammunition for a firearm.

7803.8 DCHA may terminate a lease for criminal or drug-related criminal activity regardless of whether the household member, guest or other person under the lessee’s control has been arrested or convicted, and without satisfying the standard of proof used for a criminal conviction. The standard to be used is a preponderance of the evidence.

7803.9 DCHA will terminate the lease if DCHA determines that a household member has engaged in abuse or a pattern of abuse of alcohol that threatens the health, safety, or right to peaceful enjoyment of the premises by other residents.

7803.10 A pattern of such alcohol abuse means more than one incident of any such abuse

of alcohol during the previous three (3) months.

7803.11 DCHA will consider all credible evidence, including but not limited to, any record of arrests or convictions of household members related to the abuse of alcohol.

7803.12 A record or records of arrest will not be used as the sole basis for the termination or proof that the resident engaged in disqualifying criminal activity.

7803.13 DCHA shall terminate the lease if the Lessee, household member, guest or others under the Lessee's control engage in the manufacture, sale, or distribution of any alcoholic beverages or openly consume alcoholic beverages in any common areas in the Development or otherwise consume alcoholic beverages in a manner that impairs the physical or social environment of the Development or the health, safety or right to peaceful enjoyment of the Development by other residents, service providers, or Authority staff.

7803.14 DCHA shall terminate the lease if the Lessee, other household members, and guests or others under the Lessee's control permit anyone who is currently barred from the Leased Premises or Development from occupying, staying overnight, or visiting the Leased Premises or invite them to the Leased Premises or anywhere else on the Development at any time for any purpose, unless authorized in writing by the Authority in advance in writing. The Authority will post a list of barred individuals in the Property Management Office.

7803.15 DCHA will terminate the lease if it determines that a household member has furnished false or misleading information concerning illegal drug use, alcohol abuse, or rehabilitation of illegal drug users or alcohol abusers.

7803.16 DCHA will terminate the lease for the following violations of tenant obligations under the lease:

(a) Failure to make payments due under the lease, including nonpayment of rent (see Chapter 67 for details pertaining to lease requirements for payments due);

(b) Repeated late payment of rent or other charges. DCHA considers six (6) late payments within a twelve (12) month period as repeated late payment; or

(c) Failure to fulfill the following household obligations:

(1) Not to assign the lease or to sublease all or a part of the dwelling unit. Subleasing includes, but is not limited to, receiving payment to cover rent or utility costs by a person living in the unit who is not

listed as a family member;

1. (2) Not to provide accommodations for boarders or lodgers;

2. (3) To use the dwelling unit solely as a private dwelling for the Lessee and the Lessee's household as identified in the lease, and not to use or permit its use for any other purpose;

3. (4) To abide by necessary and reasonable regulations promulgated by DCHA for the benefit and well-being of the housing development and the Lessees which shall be posted in the property management office and incorporated by reference in the lease;

4. (5) To comply with all obligations imposed upon Lessees by applicable provisions of building and housing codes materially affecting health and safety;

5. (6) To keep the dwelling unit and such other areas as may be assigned to the Lessee for the Lessee's exclusive use in a clean and safe condition;

6. (7) To dispose of all ashes, garbage, rubbish, and other waste from the dwelling unit in a sanitary and safe manner;

7. (8) To use only in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appurtenances including elevators;

8. (9) To refrain from, and to cause the household and guests to refrain from destroying, defacing, damaging, or removing any part of the dwelling unit or development;

9. (10) To pay reasonable charges (other than for normal wear and tear) for the repair of damages to the dwelling unit, or to the project (including damages to development buildings, facilities or common areas) caused by the Lessee, a member of the household or a guest; and

10. (11) To act, and cause household members or guests to act, in a manner which does not disturb other residents' peaceful enjoyment of their accommodations and is conducive to maintaining the project in a decent, safe and sanitary condition.

7803.17 DCHA will terminate the lease if a tenant is fleeing to avoid prosecution, or

custody or confinement after conviction, for a crime, or attempt to commit a crime, that is a felony under the laws of the place from which the individual flees, or that, in the case of the State of New Jersey, is a high misdemeanor; or violating a condition of probation or parole imposed under federal or District law.

7803.18 DCHA will terminate the lease if any member of the household has, during their current public housing tenancy, becomes subject to a registration requirement under a state sex offender registration program.7803.19 DCHA will terminate the lease for discovery of facts after admission to the program that would have made the tenant ineligible.7803.20 DCHA will terminate the lease for discovery of materially false statements or fraud by the tenant in connection with an application for assistance or with a reexamination of income.7803.21 DCHA will terminate the lease for failure of the lessee to furnish such information and certifications regarding family composition and income as may be necessary for DCHA to make determinations with respect to rent, eligibility, and the appropriateness of the dwelling unit size.7803.22 DCHA will terminate the lease for failure to move to a new unit in accordance with a mandatory transfer as described in § 7702, upon appropriate notice by DCHA that such a dwelling unit is available.7803.23 DCHA will terminate the lease for failure of the Lessee to permit access to the unit by DCHA after proper advance notification for the purpose of performing routine inspections and maintenance, for making improvements or repairs, or to show the dwelling unit for re-leasing, or without advance notice if there is reasonable cause to believe that an emergency exists.7803.24 DCHA will terminate the lease for failure of the Lessee to promptly inform DCHA of the birth, adoption, or court-awarded custody of a child. In such a case, promptly means within 30 business days of the event.7803.25 DCHA will terminate the lease for failure of the Lessee to abide by the provisions of DCHA pet policy.7803.26 DCHA will terminate the lease for failing of the Lessee to comply with the non-smoking policy.7803.27 DCHA will terminate the lease if the Lessee has breached the terms of an in-house repayment agreement entered with DCHA.

7803.28 DCHA will terminate the lease if the Lessee has violated federal, District, or local law that imposes obligations in connection with the occupancy or use of the premises.7803.29 DCHA will terminate the lease if a household member has engaged in or threatened violent or abusive behavior toward DCHA personnel.7803.30 “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.7803.31 “Threatening” refers to oral or written threats or physical gestures that communicate intent to abuse or commit violence.7803.32 DCHA will terminate the lease for failure of the Lessee or remaining family member to supply any information or certification requested by DCHA to verify that the family is living in the unit, or relating to family absence from the unit, including any DCHA-requested information or certification on the purposes of family absences.7803.33 If the Lessee does not notify DCHA when all family members will be absent from the unit for an extended period and does not provide this notification within fifteen (15) business days of the start of this extended absence, DCHA will terminate the lease for failure of the Lessee to promptly notify DCHA when all family members will be absent from the unit for an extended period. As indicated, in such a case promptly means within fifteen (15) business days of the start of the extended absence.7803.34 An “extended period” is defined as any period greater than thirty (30) calendar days.7803.35 DCHA will terminate the lease for other good cause if a family is absent from the public housing unit for more than one hundred eighty (180) consecutive days, and the family does not adequately verify that they are living in the unit.7803.36 DCHA will terminate the lease if the family appears to have vacated the unit without giving proper notice.7803.37 DCHA has the right to secure the unit immediately to prevent vandalism and other criminal activity.7803.38 DCHA shall terminate the lease if the Lessee fails to comply with a mandatory transfer notice.

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