D.C. Mun. Regs. tit. 14, § 8002
8002.1 [RESERVED]
8002.2 [RESERVED]
8002.3 Whether the incorrect rental determination is an overpayment or underpayment, DCHA will promptly correct the tenant rent.
8002.4 The following applies to changes in rent:
8002.5 [RESERVED]
8002.6 An incorrect rent determination caused by a family generally would be the result of incorrect reporting of family composition, income, assets, expenses, or other relevant criteria, but also would include instances in which a member of the participant family knowingly allows DCHA to use incorrect information provided by a third party.
8002.7 In the case of family-caused errors or program abuse, the family is required to repay all amounts of rent underpaid. DCHA may, but is not required to, offer the family a repayment agreement in accordance with Chapter 81. If the family fails to repay the amount owed, DCHA may terminate the family's lease in accordance with the policies in Chapter 78.
8002.8 DCHA will not reimburse a family for any overpayment of rent when the overpayment clearly is caused by the family.
8002.9 An applicant or resident in the public housing program must not knowingly:
8002.10 Any of the following is considered evidence of family program abuse:
(a) Offering bribes or illegal gratuities to the DCHA Board of Commissioners, employees, contractors, or other DCHA representatives;
(b) Offering payments or other incentives to a third party as an inducement for the third party to make false or misleading statements to DCHA on the family's behalf;
(c) Use of a false name or the use of falsified, forged, or altered documents;
(d) Intentional misreporting of family information or circumstances (e.g., misreporting of income or family composition);
(e) Omitted facts that were obviously known by a family member (e.g., not reporting employment or other types of relevant income); and
(f) Admission of program abuse by an adult family member.
DCHA may determine other actions to be program abuse based upon a preponderance of the evidence, as defined earlier in this Chapter 80.
8002.11 In the case of program abuse caused by a family, DCHA may, at its discretion, impose any of the following remedies (in addition to other remedies available to DCHA):
(a) Require the family to repay any amounts owed to the program;
(b) Require, as a condition of receiving or continuing assistance, that a culpable family member not reside in the unit in conformance with the policies in Chapter 62 (for applicants) and Chapter 78 (for residents);
(c) Deny admission or terminate the family's lease following the policies set forth in Chapter 62 and Chapter 78 respectively; or
(d) Refer the family for state or federal criminal prosecution.
8002.12 DCHA-caused incorrect rental determinations include:
(a) Failing to correctly apply public housing rules regarding family composition, income, assets, and expenses; and
(b) Errors in calculation.
8002.13 DCHA will not be considered out of compliance when making annual income
determinations solely due to de minimis errors in calculating family income. A “de minimis error” is an error where DCHA’s determination of family income deviates from the correct income determination by no more than Thirty Dollars ($30) per month in monthly adjusted income ($360 in annual adjusted income) per family.
8002.14 DCHA will still take any corrective action necessary to credit or repay a family if the family has been overcharged for their rent as a result of the de minimis error in the income determination, but families will not be required to repay DCHA in instances where DCHA has miscalculated income resulting in a family being undercharged for rent.
8002.15 A family is not required to repay an underpayment of rent if the error or program abuse is caused by DCHA staff.
8002.16 DCHA will reimburse a family for any overpayment of rent if the overpayment is the result of DCHA error or staff program abuse.
8002.17 Any of the following may be considered evidence of program abuse by DCHA staff:
(a) Failing to comply with any public housing program requirements for personal gain;
(b) Failing to comply with any public housing program requirements as a result of a conflict-of-interest relationship with any applicant or resident;
(c) Seeking or accepting anything of material value from applicants, residents, vendors, contractors, or other persons who provide services or materials to DCHA;
(d) Disclosing confidential or proprietary information to outside parties;
(e) Gaining profit because of insider knowledge of DCHA activities, policies, or practices;
(f) Misappropriating or misusing public housing funds;
(g) Destroying, concealing, removing, or inappropriately using any records related to the public housing program;
(h) Committing any other corrupt or criminal act in connection with any federal housing program;
(i) Committing sexual harassment or other harassment based on race, color, religion, national origin, familial status, disability, sexual orientation, or gender identity, either quid pro quo (supervisory harassment) or hostile environment;
(j) Allowing sexual harassment or other harassment based on race, color, religion, national origin, familial status, disability, sexual orientation, or gender identity, either quid pro quo (supervisory harassment) or hostile environment, where DCHA knew or should have known such harassment was occurring;
(k) Retaliating against any applicant, resident, or staff reporting sexual harassment or other harassment based on race, color, religion, national origin, familial status, disability, sexual orientation, or gender identity, either quid pro quo (supervisory harassment) or hostile environment; and
(l) Other activities cited in the DC Human Rights Act locally administered by the Office of Human Rights (OHR).
8002.18 When DCHA determines that program abuse by a family or DCHA staff member has occurred and the amount of underpaid rent meets or exceeds the threshold for prosecution under local or state law, DCHA may refer the matter to an appropriate entity for prosecution. When the amount of underpaid rent meets or exceeds the federal threshold, the case will also be referred to the HUD Office of Inspector General.
Other criminal violations related to the public housing program will be referred to the appropriate local, state, or federal entity.
8002.19 Notwithstanding other provisions of this chapter, DCHA may, in its sole discretion, delegate the investigation to a third party in which the third party will follow their own investigatory procedures.
8002.20 A participant accused of or subject to an investigation involving suspected program error, fraud, or abuse, will be afforded the opportunity for a hearing through DCHA's grievance process.
SOURCE: Final Rulemaking published at 73 DCR 007351 (May 15, 2026).