8103 FAMILY DEBTS TO DCHA

8103.1 Families are required to reimburse DCHA if they were charged less rent than required because the family either underreported or failed to report income. DCHA will determine retroactive rent amount as far back as DCHA has documentation of family unreported income.

8103.2 When an action or inaction of a resident family results in the underpayment of rent or other amounts, DCHA holds the family liable to return any underpayments to DCHA.

8103.3 DCHA will enter into repayment agreements in accordance with the policies contained in this section to recover overpayments.

8103.4 Any amount owed to DCHA by a public housing family must be repaid. If the family is unable to repay the debt within thirty (30) days, DCHA will offer to enter into a repayment agreement in accordance with the policies below.

8103.5 If the family refuses to repay the debt, does not enter into a repayment agreement, or breaches a repayment agreement, DCHA will terminate the family's tenancy in accordance with the ACOP and District of Columbia law.

8103.6 When a family refuses to repay monies owed to DCHA, in addition to termination of program assistance, DCHA may utilize other available collection alternatives including, but not limited to, the following:

(a) Collection agencies;

(b) Small claims court;

(c) Civil lawsuit; or

(d) State income tax set-off program.

8103.7 The term "repayment agreement" refers to a formal written document signed by a tenant and provided to DCHA in which a tenant acknowledges a debt in a specific amount and agrees to repay the amount due at specific time periods.

8103.8 Before executing a repayment agreement with a family, DCHA generally requires a down payment of twenty-five percent (25%) of the total amount owed. If the family can provide evidence satisfactory to DCHA that a down payment of twenty-five percent (25%) would impose an undue hardship, DCHA may, in its sole discretion, require a lesser percentage or waive the requirement.

8103.9 DCHA will determine the repayment agreement monthly payment in accordance with the following:- (a) If a family is paying less than forty percent (40%) of its monthly adjusted income (MAI) in rent, the minimum monthly payment amount is:

- (1) The difference between forty percent (40%) of the family's MAI; and

- (2) The Total Tenant Payment (TTP) at the time the agreement is executed.

- (b) If a family can provide evidence satisfactory to DCHA that the monthly payment amount would impose an undue hardship, DCHA may, in its sole discretion, require a lower monthly payment amount; and

- (c) If the family's income increases or decreases during the term of a repayment agreement, either DCHA or the family may request that the monthly payment amount be adjusted accordingly.8103.10 Any repayment agreement between DCHA and a family will be in writing, signed, and dated by DCHA and by the head of household and spouse or co-head (if applicable).8103.11 All payments are due by the close of business on the fifteenth (15^th) day of the month. If the fifteenth (15^th) does not fall on a business day, the due date is the close of business on the first business day after the fifteenth (15^th).8103.12 Repayment agreement payments must be made in accordance with the following:- (a) If a payment is not received by the end of the business day on the date due, and prior approval for the missed payment has not been given by DCHA, DCHA will send the family a delinquency notice giving the family ten (10) business days to make the late payment. If the payment is not received by the due date of the delinquency notice, it shall be considered a breach of the agreement and DCHA shall terminate tenancy in accordance with the policies in Chapter 78; and

- (b) If a family receives three (3) delinquency notices for unexcused late payments in a twelve (12) month period, the repayment agreement will be considered in default, and DCHA shall terminate tenancy in accordance with the policies in Chapter 78.8103.13 DCHA generally will not enter into a repayment agreement with a family if there

is already a repayment agreement in place with the family, or if the amount owed by the family exceeds the federal or District threshold for criminal prosecution.

8103.14 All repayment agreements will include the total retroactive rent amount owed, amount of down payment made at time of execution, the monthly repayment amount, and the following:

(a) A reference to the items in the public housing lease that state the family's obligation to provide true and complete information at every reexamination and the grounds on which DCHA may terminate assistance because of a family's action or failure to act;

(b) A statement clarifying that each month the family not only must pay to DCHA the monthly payment amount specified in the agreement but must also pay to DCHA the monthly tenant rent;

(c) A statement that the terms of the repayment agreement may be renegotiated if the family's income decreases or increases; and

(d) A statement that late or missed payments constitute default of the repayment agreement and may result in termination of tenancy.

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