7902 INFORMAL HEARINGS WITH REGARD TO NONCITIZENS

7902.1 Denial or termination of assistance based on immigration status is subject to special hearing and notice rules. These special hearings are referred to in the regulations as informal hearings, but the requirements for such hearings are different from the informal hearings used to deny applicants for reasons other than immigration status.7902.2 Assistance to a family may not be delayed, denied, or terminated on the basis of immigration status at any time prior to a decision under the United States Citizenship and Immigration Services (USCIS) appeal process.7902.3 Assistance to a family may not be terminated or denied while DCHA hearing is pending, but assistance to an applicant may be delayed pending the completion of the informal hearing.7902.4 A decision against a family member, issued in accordance with the USCIS appeal process or DCHA informal hearing process, does not preclude the family from exercising the right, that may otherwise be available, to seek redress directly through judicial procedures.7902.5 As discussed in Chapters 62 and 78, the notice of denial or termination of assistance for noncitizens must advise the family of any of the following that apply:- (a) That financial assistance shall be denied or terminated and provide a brief explanation of the reasons for the proposed denial or termination of assistance;

- (b) The family may be eligible for proration of assistance;

- (c) In the case of a tenant, the criteria and procedures for obtaining relief under the provisions for preservation of families;

- (d) That the family has a right to request an appeal to the USCIS of the results of secondary verification of immigration status and to submit additional documentation or explanation in support of the appeal;

- (e) That the family has a right to request an informal hearing with DCHA either upon completion of the USCIS appeal or in lieu of the USCIS appeal; and

- (f) For applicants, assistance may not be delayed until the conclusion of the USCIS appeal process, but assistance may be delayed during the period of the informal hearing process.7902.6 When DCHA receives notification that the USCIS secondary verification failed to

confirm eligible immigration status, DCHA will notify the family of the results of the USCIS verification within fifteen (15) business days.

7902.7 The family will have thirty (30) days from the date of the notification to request an appeal of the USCIS results.7902.8 The request for appeal must be made by the family in writing directly to the USCIS. The family must provide DCHA with a copy of the written request for appeal and proof of mailing within ten (10) business days of sending the request to the USCIS.7902.9 The family must forward to the designated USCIS office any additional documentation or written explanation in support of the appeal. This material must include a copy of the USCIS document verification request (used to process the secondary request) or such other form specified by the USCIS, and a letter indicating that the family is requesting an appeal of the USCIS immigration status verification results.7902.10 The USCIS will notify the family, with a copy to DCHA, of its decision. When the USCIS notifies DCHA of the decision, DCHA will notify the family of its right to request an informal hearing within fifteen (15) business days of receiving notice of the USCIS decision regarding the family's immigration status.7902.11 After notification of the USCIS decision on appeal, or in lieu of an appeal to the USCIS, an applicant family may request that DCHA provide a hearing. The request for a hearing must be made either within thirty (30) days of receipt of DCHA notice of denial, or within thirty (30) days of receipt of the USCIS appeal decision.7902.12 DCHA must provide an informal hearing before an impartial individual, other than a person who made or approved the decision under review, and other than a person who is a subordinate of the person who made or approved the decision.7902.13 The family must be provided the opportunity to examine and copy at the family's expense, at a reasonable time in advance of the hearing, any documents in the possession of DCHA pertaining to the family's eligibility status, or in the possession of the USCIS (as permitted by USCIS requirements), including any records and regulations that may be relevant to the hearing.7902.14 The family will be allowed to copy any documents related to the hearing at no cost to the family. The family must request discovery of DCHA documents no later than three (3) business days prior to the hearing.7902.15 DCHA will provide the family the opportunity to present evidence and arguments

in support of eligible status. Evidence may be considered without regard to admissibility under the rules of evidence applicable to judicial proceedings.

7902.16 DCHA will provide the family the opportunity to refute evidence relied upon by DCHA, and to confront and cross-examine all witnesses on whose testimony or information DCHA relies.7902.17 The family is entitled to be represented by an attorney or other designee, at the family's expense, and to have such person make statements on the family's behalf.7902.18 The family is entitled to request an interpreter. DCHA will provide a competent interpreter, free of charge, upon request. The family may also or instead provide its own interpreter, at the expense of the family.7902.19 The family is entitled to have the hearing recorded by audiotape. DCHA will not provide a transcript of an audio taped informal hearing.7902.20 DCHA will provide the family with a written notice of the final decision, based solely on the facts presented at the hearing, within fourteen (14) calendar days of the date of the informal hearing. The notice will state the basis for the decision.7902.21 DCHA will retain for a minimum of five (5) years the following documents that may have been submitted to DCHA by the family, or provided to DCHA as part of the USCIS appeal or DCHA informal hearing process:- (a) The application for assistance;

- (b) The form completed by the family for income reexamination;

- (c) Photocopies of any original documents, including original USCIS documents;

- (d) The signed verification consent form;

- (e) The USCIS verification results;

- (f) The request for a USCIS appeal;

- (g) The final USCIS determination;

- (h) The request for an informal hearing; and

- (i) The final informal hearing decision.

7902.22 After notification of the USCIS decision on appeal, or in lieu of an appeal to the USCIS, a resident family may request that DCHA provide a hearing. The request for a hearing must be made either within thirty (30) days of receipt of DCHA notice of termination, or within thirty (30) days of receipt of the USCIS appeal decision.

7902.23 The informal hearing procedures for resident families whose tenancy is being terminated based on immigration status is the same as for any grievance under the grievance procedures for resident families found in § 7903 below.

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