D.C. Mun. Regs. tit. 14, r. 14-6400

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 14-6400 - TRANSFER POLICY
6400.1

It shall be the policy of the District of Columbia Housing Authority (DCHA) to transfer tenants from one dwelling unit to another to alleviate conditions of hardship caused by physical conditions or to address cha nged fa mily circumstances. Transfers may result from actions mandated by DCHA or result from requests by its tenants. To facilitate such transfer, DCHA may offer units in its traditional public housing or in its RAD inventory, excluding RAD units within any Private Mixed Finance Project (as defined under Title 14, Chapter 57, Subsection 5705.1). Notwithstanding the foregoing, tenants residing within any Private Mixed Finance Project may also be transferred within or between any Private Mixed Finance Project in accordance with any applicable regulatory and operating agreement or RAD control agreement.

6400.2

It is DCHA's policy that transfers will be made without regard to race, color, national origin, sex, religion, or familial status. Residents can be transferred to accommodate a disability.

6400.3

Residents will receive one offer of a transfer. Refusal of that offer without good cause will result in lease termination for mandatory transfers or the removal of the household from the transfer list for tenant requested transfers. The good cause standard applicable to new admissions shall apply to transfers. Good cause may include refusal of a unit that does not meet the VAWA "safe unit" standard based on the incident of domestic violence, dating violence, sexual assault, and stalking as defined in Section 6099.

6400.4

Transfers will be processed by the Director of Housing Management. Residents may apply to their resident manager for a transfer, but all paperwork, verifications and unit assignments shall be made by the Director of Housing Management.

6400.5

Mandatory transfers initiated by DCHA shall take precedence over new admissions. New admissions shall take precedence over transfers requested by tenants. Except as noted in § 6402.8, DCHA shall assign vacant units that it does not need to house mandatory transferees, using a ratio of five units for initial occupancy by applicants on the DCHA waiting list, to one unit for a tenant from the DCHA Transfer List.

6400.6

Upon acceptance of the new dwelling unit, the Lessee must execute a new Dwelling Lease. All causes of action of any nature whatsoever available to DCHA at the previous Leased Premises governed by the Dwelling Lease, shall be automatically transferred to, and actionable by, DCHA at the new unit after transfer, whether such transfer is mandatory or voluntary. This regulation does not waive any statute of limitations otherwise applicable to such claims.

D.C. Mun. Regs. tit. 14, r. 14-6400

Notice of Final Rulemaking published at 49 DCR 2462 (March 15, 2002); as amended by Notice of Final Rulemaking published at 54 DCR 12303(December 21, 2007); amended by Final Rulemaking published at 64 DCR 12956 (12/22/2017); amended by Final Rulemaking published at 65 DCR 13209 (11/30/2018); amended by Final Rulemaking published at 66 DCR 6831 (6/7/2019)
"DCHA" has been substituted for the acronym "HMA" wherever it appeared in this chapter in the July 1991 edition. For explanation, see Editor"s Note under § 6000 of this title.
AUTHORITY: Unless otherwise noted, the authority for this chapter is the District of Columbia Alley Dwelling Act, as amended, Public, No. 307, 48 Stat. 930, approved June 12, 1934; Executive Order 11401, effective March 13, 1968, 33 F.R. 4559 (March 15, 1968); section 5 of Reorganization Plan No. 3 of 1975, 21 DCR 2793 (July 3, 1975); and part III.B.(1) of Reorganization Plan No. I of 1987, December 15, 1987.