7804 NOTIFICATION REQUIREMENTS, EVICTION PROCEDURES AND RECORD KEEPING

7804.1 HUD authorizes DCHA to conduct criminal records checks on public housing residents for admission criteria, recertification, lease enforcement and eviction.7804.2 DCHA may conduct criminal records checks when it learns that an applicant or applicant's adult household member has engaged in criminal activity, drug-related criminal activity, violent criminal activity, or is in possession of a firearm or ammunition, except as authorized by D.C. Law.7804.3 DCHA may conduct criminal records checks when it learns that a Lessee, adult household member, live-in-aide, guest, or other person under the Lessee's control has engaged in criminal activity that threatens the health, safety, or right to peaceful enjoyment of the Development by other residents or DCHA staff, drug-related criminal activity on or off the leased Premises or the Development, violent criminal activity on or off the leased Premises or the Development or possession of a firearm or ammunition, except as authorized by District Law.7804.4 Criminal records checks may include sex-offender registration information.7804.5 DCHA will not pass along to the tenant the costs of a criminal records check.7804.6 In all cases where criminal record or sex offender registration information would result in lease enforcement or eviction, DCHA will notify the household in writing of the proposed adverse action and will provide the subject of the record and the tenant a copy of such information, and an opportunity to dispute the accuracy and relevance of the information before an eviction or lease enforcement action is taken.7804.7 The family will be given fifteen (15) business days from the date of DCHA notice to dispute the accuracy and relevance of the information.7804.8 If the family does not contact DCHA to dispute the information within fifteen (15) business days period, DCHA will proceed with the termination action.7804.9 Should the tenant not exercise their right to dispute prior to any adverse action, the tenant still has the right to dispute in the grievance hearing or court trial.7804.10 Notices of lease termination must be in writing. The notice must state the specific grounds for termination, the time period during which the termination will take place, the resident's right to reply to the termination notice, and their right to examine DCHA documents directly relevant to the termination or eviction.

7804.11 When DCHA offers remote hearings, the notice will also state that the resident may request a remote hearing.7804.12 If DCHA will require that the hearing be conducted remotely, at the time the notice is sent to the resident informing them of the right to request a hearing, the resident will be notified that the hearing will be conducted remotely. The resident will be informed of the processes involved in a remote hearing and that DCHA will provide technical assistance, if needed, before the hearing.7804.13 Every applicant, adult applicant household member, lessee, adult household member, live-in-aide, guest or other person under the Lessee's control shall, upon request submit a signed consent form allowing a law enforcement agency to release criminal records to DCHA.7804.14 Nothing in this section precludes DCHA from pursuing lease enforcement or eviction for criminal conduct regardless of whether the covered person has been arrested or convicted for such activity and without satisfying the standard of proof used for a criminal conviction.7804.15 The notice of lease termination shall state specific grounds for termination, and shall inform the Lessee of the Lessee's right to make such reply as the Lessee may wish. The notice shall also inform the Lessee of the right to examine DCHA documents directly relevant to the termination or eviction.7804.16 If DCHA is required to afford the tenant the opportunity for a grievance hearing, the notice in § 7804.15 shall also inform the Lessee of the Lessee's right to request a hearing in accordance with DCHA's grievance procedure in Chapter 79.7804.17 If DCHA is not required to afford the Lessee a hearing under its grievance procedure, the notice in § 7804.15 shall state this fact and shall state the judicial eviction procedure to be used by DCHA for eviction of the Lessee, and state that HUD has determined that this eviction procedure provides the opportunity for a hearing in court that contains the basic elements of due process as defined in HUD regulations.7804.18 The notice in § 7804.15 shall state whether the eviction is for a criminal or for a drug-related criminal activity.7804.19 DCHA shall issue a Notice of Past Due Rent in the case of failure to pay rent or other violations of the lease except as otherwise set forth herein.7804.20 DCHA shall issue a thirty (30) day notice to vacate to Lessees, for lease violations, predicated on criminal activity that threatens the residents' health, safety or right to peaceful enjoyment of the Development, drug related criminal activity

on or off the Leased Premises or the Development, violent criminal activity or possession of a firearm or ammunition in violation of District law.

7804.21 DCHA will not issue a thirty (30) day notice to correct or vacate, or notice to vacate, where DCHA has determined that the head of household responsible for the dwelling unit under the Dwelling lease is deceased and there are no remaining household members.7804.22 All notices of lease termination will include a copy of the forms HUD-5382: Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking, and Alternate Documentation and HUD-5380: VAWA Notice of Occupancy Rights to accompany the termination notice.7804.23 Any tenant who claims that the cause for termination involves domestic violence, dating violence, sexual assault, or stalking, of which the tenant or affiliated individual of the tenant is the victim will be given the opportunity to provide documentation.7804.24 Lessees who refuse to vacate their unit after appropriate notice shall be subject to legal action to gain possession of the dwelling unit (eviction).7804.25 The Lessee shall be solely responsible for the protection, care and disposition of the Lessee's possessions during, and after an eviction.7804.26 Notices shall be served in accordance with District Law. Any Notice to Vacate or Notice to Cure or Vacate, Notice of Past Due Rent, Notice of Non-Payment of Rent or Notice of Intent to File a Claim that is required by state or local law will run concurrently with the Notice of Lease Termination under § 7804.7804.27 When DCHA determines that a family is in noncompliance with the community service requirement, the tenant and any other noncompliant resident must be notified in writing of this determination.7804.28 If after receiving a notice of initial noncompliance, the family does not request a grievance hearing or does not take either corrective action required by the notice within the required timeframe, a termination notice shall be issued in accordance with the policies above.7804.29 If a family agreed to cure initial noncompliance by signing an agreement and is still in noncompliance after being provided the three (3)-month opportunity to cure, the family shall be issued a notice of continued noncompliance. The notice of continued noncompliance will be sent in accordance with the policies in § 7301.38, and shall also serve as the notice of termination of tenancy.

7804.30 In cases where termination of tenancy is based on citizenship status the notice of termination shall advise the Lessee of the reasons the assistance is being terminated.7804.31 The notice in § 7804.30 will advise the family of any of the following that apply:- (a) the family's eligibility for proration of assistance;

- (b) the criteria and procedures for obtaining relief under the provisions for preservation of families;

- (c) the family's right to request an appeal to the USCIS of the results of secondary verification of immigration status and to submit additional documentation or a written explanation in support of the appeal; and

- (d) the family's right to request an informal hearing with DCHA either upon completion of the USCIS appeal or in lieu of the USCIS appeal.7804.32 DCHA may exclude from DCHA administrative grievance procedure under this subpart any grievance concerning a termination of tenancy or eviction that involves:- (a) Any criminal activity that threatens the health, safety or right to peaceful enjoyment of the premises of other residents or employees of DCHA;

- (b) Any violent or drug-related criminal activity on or off such premises; or

- (c) Any criminal activity that resulted in felony conviction of a household member.7804.33 When a family does not vacate the unit after receipt of a termination notice by the deadline given in the notice, DCHA will follow District landlord-tenant law in filing an eviction action with the local court that has jurisdiction in such cases.7804.34 If the eviction action is finalized in court and the family remains in occupancy beyond the deadline to vacate given by the court, DCHA will seek the assistance of the court to remove the family from the premises as per District and local law.7804.35 When DCHA evicts an individual or family for criminal activity, including drug-related criminal activity, DCHA must notify the local post office serving the dwelling unit that the individual or family is no longer residing in the unit.7804.36 A written record of every termination and/or eviction will be maintained by DCHA at the development where the family was residing, and will contain the following information:

(a) Name of resident, number and identification of unit occupied;

(b) Date of the notice of lease termination and any other notices required by district or local law; these notices may be on the same form and will run concurrently;

(c) Specific reason(s) for the notices, citing the lease section or provision that was violated, and other facts pertinent to the issuing of the notices described in detail (other than any criminal history reports obtained solely through the authorization provided in 24 CFR §§ 5.903 and 5.905);

(d) Date and method of notifying the resident; and

(e) Summaries of any conferences held with the resident including dates, names of conference participants, and conclusions.

7804.37 The following applies to Terminations Related to Domestic Violence, Dating Violence, Sexual Assault, or Stalking:

(a) When an individual facing termination of tenancy for reasons related to domestic violence, dating violence, sexual assault, and/or stalking claims protection under VAWA, DCHA will request in writing that the individual provide documentation supporting the claim in accordance with the policies in § 8107.

(b) DCHA reserves the right to waive the documentation requirement if it determines that a statement or other corroborating evidence from the individual will suffice. In such cases, DCHA will document the waiver in the individual's file.

(c) DCHA will bifurcate a family's lease and terminate the tenancy of a family member if DCHA determines that the family member has committed criminal acts of physical violence against other family members or others.

7804.38 In making its decision under § 7804.37, DCHA will consider all credible evidence, including, but not limited to, documentation as specified under § 8107.9. Upon such consideration, DCHA may, on a case-by-case basis, choose not to bifurcate the lease and terminate the tenancy of the culpable family member.

7804.39 If DCHA does bifurcate (see § 8107.4(b) for the definition of "bifurcate") the lease and terminate the tenancy of the culpable family member, it will do so in

accordance with the lease, applicable law, and the policies in this ACOP.

7804.40 If the person removed from the lease was the only family member eligible to receive assistance, DCHA must provide any remaining tenant a chance to establish eligibility for the unit.

7804.41 If the remaining tenant cannot establish eligibility for the unit, DCHA must provide the tenant reasonable time to find new housing or to establish eligibility for another housing program covered under VAWA.

7804.42 In determining whether a public housing tenant who is a victim of domestic violence, dating violence, sexual assault, or stalking is an actual and imminent threat to other tenants or those employed at or providing service to a property, DCHA will consider the following, and any other relevant, factors:

(a) Whether the threat is toward an employee or tenant other than the victim of domestic violence, dating violence, sexual assault, or stalking;

(b) Whether the threat is a physical danger beyond a speculative threat;

(c) Whether the threat is likely to happen within an immediate time frame; or

(d) Whether the threat to other tenants or employees can be eliminated in some other way, such as by helping the victim relocate to a confidential location, transferring the victim to another unit, or seeking a legal remedy to prevent the perpetrator from acting on the threat.

7804.43 If the tenant wishes to contest DCHA's determination that they are an actual and imminent threat to other tenants or employees, the tenant may do so as part of the grievance hearing or in a court proceeding.

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