D.C. Mun. Regs. tit. 14, § 7903
7903.1 DCHA's grievance procedure gives residents of public housing an opportunity to grieve any DCHA action or failure to act involving the lease or DCHA policies which adversely affect their rights, duties, welfare, or status.
7903.2 DCHA grievance procedure will be incorporated by reference in the tenant lease.
7903.3 DCHA will provide at least thirty (30) days' notice to tenants and resident organizations setting forth proposed changes in DCHA grievance procedure and provide an opportunity to present written comments. Comments submitted will be considered by DCHA before adoption of any changes to the grievance procedure by DCHA.
7903.4 Residents and resident organizations have thirty (30) calendar days from the date they are notified by DCHA of any proposed changes in the DCHA's grievance procedure, to submit written comments to DCHA.
7903.5 DCHA will furnish a copy of the grievance procedure to each tenant and to resident organizations.
7903.6 There are several terms with regard to public housing grievance procedures, which take on specific meanings different from their common usage. These terms are as follows:
(a) "Grievance" is any dispute which a head of household may have with respect to DCHA action or failure to act in accordance with the individual tenant's lease or DCHA regulations which adversely affect the individual tenant's rights, duties, welfare or status;
(b) "Complainant" is any head of household (or other adult family member as described in § 7903.10) whose grievance is presented to DCHA or at the property management office;
(c) [RESERVED];
(d) "Due Process Determination" is a determination by HUD that law of the jurisdiction requires that the tenant must be given the opportunity for a hearing in court which provides the basic elements of due process before eviction from the dwelling unit;
(e) "Elements of Due Process" are an eviction action or a termination of tenancy in a state or local court in which the following procedural
safeguards are required:
7903.11 Within fifteen (15) business days of receipt of the request, DCHA will arrange a meeting with the head of household at a mutually agreeable time and confirm such meeting in writing to the head of household to discuss informal settlement.7903.12 The informal settlement may be conducted remotely as required by DCHA or may be conducted remotely upon consideration of the request of the tenant. Subsections 7903.33-7903.43 has additional information on how and under what circumstances remote informal settlements may be conducted.7903.13 If the head of household fails to attend the scheduled meeting without prior notice, DCHA reschedules the appointment only if the head of household can show good cause for failing to appear, or if it is needed as a reasonable accommodation for a person with disabilities.7903.14 “Good cause” is defined as an unavoidable conflict which seriously affects the health, safety or welfare of the family.7903.15 DCHA will prepare a summary of the informal settlement within ten (10) business days with one (1) copy to be given to the head of household and one (1) copy to be retained in DCHA’s tenant file.7903.16 The summary will specify the names of the participants, dates of meeting, the nature of the proposed disposition of the complaint and the specific reasons therefore and shall specify the procedures by which a hearing may be obtained if the complainant is not satisfied.7903.17 The following applies to requesting a hearing after informal settlement conference:- (a) The head of household must submit a written request (including emailed requests) for a grievance hearing to DCHA’s Office of Fair Hearings within fourteen (14) business days of the tenant’s receipt of the summary of the informal settlement; and
- (b) If the complainant does not request a hearing, DCHA’s disposition of the grievance under the informal settlement process becomes final.7903.18 The following applies to scheduling a hearing:- (a) Within fourteen (14) business days of receiving a written request for a hearing, DCHA’s Office of Fair Hearings will schedule and send written notice of the hearing to both the complainant and DCHA; and
- (b) If the hearing is conducted remotely, at the time the notice is sent to the complainant, the complainant will be notified:
(1) Regarding the processes involved in a remote grievance hearing;
(2) That DCHA provides technical assistance prior to and during the hearing, if needed; and
(3) That if the complainant or any individual witness has any technological, resource, or accessibility barriers, the family may inform DCHA and the Authority will assist the family in either resolving the issue or allow the family to participate in an in-person hearing, as appropriate.
7903.19 The complainant may request to reschedule a hearing for good cause, or if it is needed as a reasonable accommodation for a person with disabilities.
7903.20 Requests to reschedule a hearing must be made orally or in writing prior to the hearing date.
7903.21 DCHA will require documentation of the “good cause” prior to rescheduling the hearing.
7903.22 DCHA’s grievance hearings will be conducted by a single hearing officer appointed by DCHA Office of Fair Hearings (OFH). The OFH will select a hearing officer who was not involved in the decision under appeal.
7903.23 DCHA will conduct all or a portion of their grievance hearings remotely either over the phone, via video conferencing, or through other virtual platforms. If DCHA chooses to conduct remote grievance hearings, complainants may still request an in-person hearing, as applicable.
7903.24 DCHA has the sole discretion to require that hearings be conducted remotely.
7903.25 DCHA will conduct a hearing remotely upon request as a reasonable accommodation for a person with a disability, if a complainant does not have childcare or transportation that would enable them to attend the hearing, or if the complainant believes an in-person hearing would create an undue health risk. DCHA will consider other reasonable requests for a remote hearing on a case-by-case basis.
7903.26 Regardless of whether the hearing is conducted remotely (in whole or in part) or in person, DCHA will compile a hearing packet, consisting of all documents DCHA intends to produce at the hearing. DCHA delivers copies of the hearing packet to the complainant, their representatives, if any, and the hearing officer at least three (3) business days before the scheduled remote hearing. The original
hearing packet is in the possession of DCHA representative and retained by the OFH.
7903.27 Regardless of whether the hearing is to be conducted remotely (in whole or in part) or in person, DCHA will require the complainant to provide any documents directly relevant to the hearing at least three (3) business days before the scheduled hearing through the mail or email. The OFH will scan and email copies of these documents to the hearing officer and the DCHA representative the same day they are received.
7903.28 Documents will be shared electronically whenever possible.
7903.29 As with in-person grievance hearings, the platform for conducting remote grievance hearings will be accessible to persons with disabilities and the grievance hearings will be conducted in accordance with Section 504 and accessibility requirements.
7903.30 As with in-person reviews, LEP requirements also apply to remote grievance hearings, including the use of interpretation services and document translation. Chapter 61 has a thorough discussion of accessibility and LEP requirements, all of which apply in the context of remote grievance hearings.
7903.31 As with in-person grievance hearings, DCHA will provide all materials presented, whether paper or electronic, to the family prior to the remote grievance hearing. The complainant must also be provided with an accessible means by which to transmit their own evidence.
7903.32 DCHA's essential responsibility is to ensure grievance hearings meet the requirements of due process and comply with HUD regulations. All DCHA policies and processes for remote grievance hearings are conducted in accordance with due process requirements and are in compliance with HUD regulations at 24 CFR § 966.56 and the guidance for conducting remote hearings specified in Notice PIH 2020-32.
7903.33 DCHA will conduct remote grievance hearings via a video conferencing platform, when available.
7903.34 If, after attempting to resolve any barriers, complainants are unable to adequately access the video conferencing platform at any point, or upon request, the grievance hearing will be conducted by telephone conferencing call-in.
7903.35 If the complainant is unable to adequately access the telephone conferencing call-in at any point, the remote grievance hearing will be postponed, and an in-person alternative will be provided promptly within a reasonable time.
7903.36 At least five (5) business days prior to scheduling the remote hearing, DCHA will provide the complainant with login information or conferencing call-in information and an electronic copy of all materials being presented via first class mail or email.7903.37 The notice in § 7903.36 will advise the family of technological requirements for the hearing and request the complainant notify DCHA of any known barriers. DCHA will resolve any barriers using the guidance in Section 6 of Notice PIH 2020-32, including offering the complainant the opportunity to attend an in-person hearing.7903.38 DCHA will follow up with a phone call or email to the complainant at least one (1) business day prior to the remote grievance hearing to ensure that the family received all information and is comfortable accessing the video conferencing or call-in platform.7903.39 DCHA will ensure that all electronic information stored or transmitted with respect to the grievance hearing is secure, including protecting personally identifiable information (PII), and meets the requirements for accessibility for persons with disabilities and persons with LEP.7903.40 The complainant will be afforded a fair hearing. This includes:- (a) The opportunity to examine before the grievance hearing any DCHA documents, including records and regulations that are directly relevant to the hearing.
- (b) The complainant will be allowed to copy any DCHA document at no cost. If DCHA does not make the document available for examination upon request by the complainant, DCHA may not rely on such document at the grievance hearing.
- (c) Copies may be obtained from DCHA's property management office, Office of Fair Hearings, or other office designated by DCHA. There will be no charge for documents emailed. The complainant must request discovery of DCHA documents no later than 12:00 p.m. on the business day prior to the hearing.
- (d) The right to be represented by counsel or other person chosen to represent the complainant, and to have such person make statements on their behalf. Hearings may be attended by the following persons:
- (1) DCHA representatives including any Counsel, witnesses for
DCHA, Staff members of the Office of Fair Hearings, and Security Personnel;
(2) Complainant and any witnesses for the complainant;
(3) The complainant's counsel or other representative;
(4) Persons approved by DCHA as a reasonable accommodation for a person with a disability;
(5) Any other person approved by DCHA
(e) The right to a private hearing unless the complainant requests a public hearing;
(f) The right to present evidence and arguments in support of the head of household's complaint, to controvert evidence relied on by DCHA or property management, and to confront and cross-examine all witnesses upon whose testimony or information on which DCHA or property management relies; and
(g) A decision based solely and exclusively upon the facts presented at the hearing.
7903.41 If the complainant or DCHA fails to appear at a scheduled hearing, the hearing officer may make a determination to postpone the hearing for no more than five (5) business days or may make a determination that the party has waived their right to a hearing in their discretion. Both the complainant and DCHA must be notified of the determination by the hearing officer. Provided that a determination that the complainant has waived their right to a hearing shall not constitute a waiver of any right the complainant may have to contest DCHA's disposition of the grievance in an appropriate judicial proceeding.
7903.42 If the complainant does not appear at the scheduled time of the hearing, the hearing officer will wait up to twenty (20) minutes. If the complainant appears within twenty (20) minutes of the scheduled time, the hearing will be held. If the complainant does not arrive within twenty (20) minutes of the scheduled time, they will be considered to have failed to appear.
7903.43 If the complainant fails to appear and was unable to reschedule the hearing in advance, the complainant must contact DCHA within twenty-four (24) hours of the scheduled hearing date, excluding weekends and holidays. The hearing officer will reschedule the hearing only if the complainant can show good cause for the failure to appear, or it is needed as a reasonable accommodation for a person with
disabilities.
7903.44 “Good cause” is defined as an unavoidable conflict which seriously affects the health, safety, or welfare of the family.7903.45 At the hearing, the complainant must first make a showing of an entitlement to the relief sought and thereafter DCHA must sustain the burden of justifying the action or failure to act against which the complaint is directed.7903.46 The hearing is conducted informally by the hearing officer. DCHA and the complainant will be given the opportunity to present oral or documentary evidence pertinent to the facts and issues raised by the complaint, and to question any witnesses.7903.47 Any evidence to be considered by the hearing officer must be presented at the time of the hearing. There are four categories of evidence:- (a) “Oral evidence”: the testimony of witnesses relevant to the case;
- (b) “Documentary evidence”: a writing which is relevant to the case, for example, a letter written to DCHA. Writings include all forms of recorded communication or representation, including letters, emails, words, pictures, sounds, videotapes or symbols or combinations thereof;
- (c) “Demonstrative evidence”: Evidence created specifically for the hearing and presented as an illustrative aid to assist the hearing officer, such as a model, a chart or other diagram; and
- (d) “Real evidence”: A tangible item relating directly to the case.7903.48 The following applies to hearsay evidence:- (a) Hearsay evidence is generally admissible in a hearing.
- (b) “Hearsay evidence” is evidence based not on a witness’ personal knowledge.
- (c) The hearing officer may include hearsay evidence when considering their decision if it is corroborated by other evidence.
- (d) The hearing officer shall not base a hearing decision on hearsay alone unless there is clear probative value and credibility of the evidence, and the party seeking the change has met the burden of proof.
(e) If DCHA fails to comply with the discovery requirements (providing the complainant with the opportunity to examine DCHA documents prior to the grievance hearing), the hearing officer will refuse to admit such evidence.
(f) Other than the failure of DCHA to comply with discovery requirements, the hearing officer has the authority to rule on the admissibility of all other evidence.
7903.49 If the complainant would like DCHA to record proceedings by audio recording, the request must be made to DCHA three (3) days prior to the hearing. DCHA will consider that a recording of the proceedings is a transcript.
7903.50 DCHA will provide reasonable accommodation for persons with disabilities in order to participate in the hearing in accordance with Chapter 61. Reasonable accommodation may include qualified sign language interpreters, readers, accessible locations, or attendants.
7903.51 If the complainant is visually impaired, any notice to the complainant which is required in the grievance process will be in an accessible format.
7903.52 DCHA will provide language services as needed throughout the grievance process in accordance with HUD rules and District Law.
7903.53 The following applies to the Hearing Officer's decision:
(a) In rendering a written decision, the hearing officer will consider the following matters:
(1) DCHA's Notice to the Head of Household: The hearing officer will determine if the reasons for DCHA's decision are factually stated in the notice;
(2) Document Review: The hearing officer will determine if the complainant was given the opportunity to examine any relevant documents in accordance with DCHA policy;
(3) DCHA Evidence to Support DCHA's Decision: The evidence consists of the facts presented. The hearing officer will evaluate the facts to determine if they support DCHA's conclusion; and
(4) Validity of Grounds for Termination of Tenancy (when applicable): The hearing officer will determine if the termination of tenancy is for one of the grounds specified in the HUD regulations,
Lease, and DCHA policies. If the grounds for termination are not specified in the regulations or in compliance with DCHA policies, then the decision of the Authority will be overturned.
7903.54 The hearing officer has the authority to ask the complainant for additional
information or to adjourn the hearing to reconvene at a later date, before reaching a decision.
7903.55 If the complainant misses an appointment or deadline ordered by the hearing officer, the action of DCHA will take effect and another hearing will not be granted.7903.56 The decision of the hearing officer is binding on DCHA which must take the action, or refrain from taking the action cited in the decision unless the Executive Director determines within a reasonable time, and notifies the complainant that:- (a) The grievance does not concern DCHA action or failure to act in accordance with or involving the complainant's lease on DCHA policies which adversely affect the complainant's rights, duties, welfare, or status; or
- (b) The decision of the hearing officer is contrary to federal or District law, HUD regulations or requirements of the annual contributions contract between HUD and DCHA.7903.57 DCHA or the complainant may challenge the decision of the hearing officer and may present their arguments on the matter to DCHA's ED in writing within ten (10) business days of the date of the hearing officer's decision.7903.58 The ED has thirty (30) business days to consider the decision.7903.59 If the ED decides to reverse the hearing officer's decision, s/he must notify the complainant within ten (10) business days of this decision.7903.60 A decision by the hearing officer or the ED in favor of DCHA or which denies the relief requested by the complainant in whole or in part does not constitute a waiver of any rights, nor effect in any manner whatever, any rights the complainant may have to a subsequent trial or judicial review.
SOURCE: Final Rulemaking published at 73 DCR 007351 (May 15, 2026).