5812. [RESERVED]

5812 PROHIBITED ACTIONS 5812.1 A participant in the HCVP shall not knowingly: Make a false statement, either oral or written, to DCHA; Commit fraud, bribery, or any other corrupt or criminal act in connection with any federal housing program; Make payments to the Owner in excess of amounts authorized by DCHA for rent, security deposit, and additional services; Offer bribes or illegal gratuities to DCHA Board of Commissioners, employees, contractors, or other DCHA representatives; Offer payments or other incentives to the Owner or a third party as an inducement for the third party to make false or misleading statements to DCHA on the Family’s behalf; Use a false name or the use of falsified, forged, or altered documents; Misreport Family information or circumstances (such as income, Family composition); Omit facts that were obviously known by a Family member (such as, not reporting employment income); or Permit program abuse by an adult Family member. 5812.2 In the case of program abuse caused by a Family member DCHA may, at its discretion, impose any of the following remedies: Require the Family to repay excess subsidy amounts paid by DCHA, as described earlier in this section; Require, as a condition of receiving or continuing assistance, that a culpable Family member not reside in the unit; Deny or terminate the Family’s assistance; Refer the Family for state or federal criminal prosecution; or Require participation in the Good Neighbor Program. 5812.3 An Owner participating in the HCV program shall not knowingly: Make any false statement to DCHA; or Commit fraud, bribery, or any other corrupt or criminal act in connection with any federal housing program including: Charging the Family rent above or below the amount specified by DCHA; Charging a security deposit other than that specified in the Family’s lease or greater than one (1) month’s rent; Charging the Family for services that are provided to unassisted tenants at no extra charge; Knowingly accepting housing assistance payments for any month(s) after the Family has vacated the unit or the sole-Family member is deceased; Knowingly accepting incorrect or excess housing assistance payments; Offering bribes or illegal gratuities to DCHA Board of Commissioners, employees, contractors, or other DCHA representatives; Offering payments or other incentives to an HCV Family as an inducement for the Family to make false or misleading statements to DCHA; or Residing in the unit with an assisted Family. 5812.4 When DCHA determines that the Owner has committed program abuse, DCHA may take any of the following actions: Require the Owner to repay excess housing assistance payments, as discussed earlier in this section and in accordance with the policies in the administrative plan and DCMR; Terminate the HAP contract; Bar the Owner from future participation in any DCHA programs; or Refer the case to state or federal officials for criminal prosecution. SOURCE: Final Rulemaking published at 59 DCR 7942 (June 29, 2012). District of Columbia Municipal Regulations Housing 14 DCMR § 5812