District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0014 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	ENROLLED ORIGINAL
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6	1		1
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8		-	AN ACT
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10		-	__________
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12		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
13		-
14		-	____________________
15		-
16		-
17		-	To amend, on an emergency basis, due to congressional review, the District of Columbia
18		-	Housing Authority Act of 1999 to require the District of Columbia Housing Authority to
19		-	report certain financial and operating information, revise the training requirements for
20		-	commissioners, and establish training requirements for the executive director; and to
21		-	amend chapter 39 of Title 28 of the District of Columbia Official Code to confirm the
22		-	applicability of landlord- tenant consumer protections to the District of Columbia Housing
23		-	Authority.
24		-
25		-	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
26		-	act may be cited as the “Housing Authority Accountability Congressional Review Emergency
27		-	Amendment Act of 2023”.
28		-
29		-	Sec. 2. The District of Columbia Housing Authority Act of 1999, effective May 9, 2000
30		-	(D.C. Law 13- 105; D.C. Official Code § 6- 201 et seq.), is amended as follows:
31		-	(a) Section 3 (D.C. Official Code § 6- 202) is amended by adding a new subsection (b- 1)
32		-	to read as follows:
33		-	“(b-1)(1) No later than December 1, 2022, the Authority shall submit a report to the
34		-	Mayor, Attorney General, and each Councilmember that details:
35		-	“(A) The sum of all repayment amounts HUD has requested;
36		-	“(B) The sources of the funds the Authority intends to use in making the
37		-	repayments referenced in subparagraph (A) of this paragraph;
38		-	“(C) The total amount of security deposit interest owed to residents who
39		-	have moved out of Housing Properties in the 3 years preceding December 1, 2022;
40		-	“(D) The total amount of overcharging and undercharging rent and
41		-	housing assistance payments identified through HUD’s required review of tenant files and the
42		-	percentage of tenant files reviewed or corrected; and
43		-	“(E) A date certain by which the Authority will deliver a protocol for
44		-	assessing properties for rent reasonableness, as required by the HUD rules.
45		-	“(2)(A) Beginning on December 1, 2022, and monthly thereafter, the Authority
46		-	shall submit a report to the Mayor, Attorney General, and each Councilmember that details: ENROLLED ORIGINAL
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48		-
49		-
50		-
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52		-
53		-	“(i) The amount of operating reserves, expressed in dollars and in
54		-	months of expenses, for its public housing program, Housing Choice Voucher Program, and the
55		-	Authority’s operations overall;
56		-	“(ii) The number of vacant public housing units classified by repair
57		-	status, such as move-in ready, repairs in progress, and offline due to major repair needs;
58		-	“(iii) The average length of time that Public-Housing- Assisted
59		-	Units have been vacant in the prior year, by repair status; and
60		-	“(iv) A detailed accounting of expenses paid for with District funds
61		-	in the prior month and the expenses budgeted for payment with District funds in the remainder of
62		-	the fiscal year.
63		-	“(B) In lieu of the monthly reports required by subparagraph (A) of this
64		-	paragraph (“reports”), the Authority may provide the Mayor, Attorney General, and each
65		-	Councilmember with access to an online database through which the reports can be generated.
66		-	“(3) If HUD designates the Authority as a Standard Performer or High Performer
67		-	in HUD’s Public Housing Assessment System or if the Authority demonstrates that the lack of
68		-	such a designation is solely due to the presence of HUD's Moving to Work agreement with the
69		-	Authority, the requirements of paragraph (2) of this subsection shall be waived for 12 months
70		-	from the date the designation was received from HUD or documented by the Authority.”.
71		-	(b) Section 12 (D.C. Official Code § 6- 211) is amended as follows:
72		-	(1) Subsection (h) is amended to read as follows:
73		-	“(h)(1) Within 60 days after a Commissioner's appointment and on an annual basis
74		-	thereafter, each Commissioner shall complete training offered by or in connection with HUD
75		-	covering the following topics:
76		-	“(A) The role of a public housing agency board;
77		-	“(B) Ethics for public housing agencies and board members or
78		-	commissioners;
79		-	“(C) Background on major housing authority programs, including public
80		-	housing, the Housing Choice Voucher Program, and the rental assistance demonstration;
81		-	“(D) Fair housing and reasonable accommodations;
82		-	“(E) Public housing authority budgets, financial oversight, and financial
83		-	reporting; and
84		-	“(F) Federal procurement requirements.
85		-	“(2) Within 90 days after a Commissioner’s appointment and on an annual basis
86		-	thereafter, each Commissioner shall complete training offered by or in connection with HUD
87		-	covering the following topics:
88		-	“(A) Public housing authority performance monitoring and risk
89		-	management;
90		-	“(B) HUD reporting requirements; ENROLLED ORIGINAL
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92		-
93		-
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97		-	“(C) Public housing asset management, development, redevelopment,
98		-	disposition, and repositioning;
99		-	“(D) Objectives and requirements of HUD’s Moving to Work program;
100		-	and
101		-	“(E) Resident opportunity, including HUD’s Section 3 requirements for
102		-	economic and employment opportunities.
103		-	“(3) In addition to the training required in paragraphs (1) and (2) of this
104		-	subsection, each Commissioner shall spend at least 4 hours per quarter in training or educational
105		-	seminars on corporate governance, public housing law and regulations, federal or local language
106		-	access guidelines, labor and personnel, real estate and construction, or other subjects related to
107		-	public housing development, operation, and management, the maximum reimbursable cost of
108		-	which shall be established by the Board and paid by the Authority.
109		-	“(4) A Commissioner appointed or re-appointed before October 15, 2022, shall
110		-	complete training on federal procurement requirements within 30 days after the effective date of
111		-	the Housing Authority Accountability Emergency Amendment Act of 2022, effective November
112		-	3, 2022 ( D.C. Act 24- 629; 69 DCR 14026) (“Accountability Act”), the remainder of the trainings
113		-	required in paragraph (1) of this subsection within 60 days after the effective date of the
114		-	Accountability Act, and the trainings required in paragraph (2) of this subsection within 90 days
115		-	after the effective date of the Accountability Act.
116		-	“(5) The Board shall monitor Commissioners’ compliance with the training
117		-	requirements of this subsection and provide a Commissioner a warning notice if the
118		-	Commissioner is out of compliance with the requirements.
119		-	“(6) If a Commissioner has not completed the training requirements within 15
120		-	days after the conclusion of the timeline specified in the applicable paragraph in this subsection,
121		-	he or she shall be suspended from the Board until he or she is in compliance.”.
122		-	(c) Section 14 (D.C. Official Code § 6- 213) is amended by adding a new subsection (d) to
123		-	read as follows:
124		-	“(d)(1) Within 30 days after the Executive Director's appointment and on an annual basis
125		-	thereafter, the Executive Director shall complete training offered by or in connection with HUD
126		-	covering the following topics:
127		-	“(A) Background on major housing authority programs, including public
128		-	housing, the Housing Choice Voucher Program, and the rental assistance demonstration;
129		-	“(B) Ethics for public housing agencies;
130		-	“(C) Fair housing and reasonable accommodations;
131		-	“(D) Housing authority budgets and financial reporting:
132		-	“(E) Federal procurement requirements;
133		-	“(F) Housing authority performance monitoring and risk management;
134		-	“(G) HUD reporting requirements; ENROLLED ORIGINAL
135		-
136		-
137		-
138		-
	3	+	Councilmember Robert C. White, Jr. 3
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140		-
141		-	“(H) Public housing asset management, development, redevelopment,
142		-	disposition, and repositioning;
143		-	“(I) Objectives and requirements of HUD’s Moving to Work program; and
144		-	“(J) Resident opportunity, including HUD’s Section 3 requirements for
145		-	economic and employment opportunities.
146		-	“(2) In addition to the training in paragraph (1) of this subsection, the Executive
147		-	Director shall complete other trainings that the Board requires, such as labor and personnel
148		-	management, language access, public housing law and regulations, real estate and construction,
149		-	or other subjects related to public housing development, operation, and management.
150		-	“(3) An Executive Director appointed or re-appointed before October 15, 2022,
151		-	shall complete the trainings required in paragraph (1) within 30 days after the effective date of
152		-	the Housing Authority Accountability Emergency Amendment Act of 2022, effective November
153		-	2, 2022 ( D.C. Act 24- 629; 69 DCR 14026).”.
154		-
155		-	Sec. 3. Section 28- 3901 of the District of Columbia Official Code is amended by adding
156		-	a new subsection (e) to read as follows:
157		-	“(e) Notwithstanding any other provision of this chapter, this chapter’s application to
158		-	landlord- tenant relations shall include the District of Columbia Housing Authority's activities as
159		-	a landlord; provided, that this subsection shall not be construed to otherwise apply this chapter to
160		-	the District of Columbia or any agency thereof.”.
161		-
162		-	Sec. 4. Applicability.
163		-	(a) Section 2 shall apply as of February 1, 2023.
164		-	(b) Section 3 shall apply as of December 19, 2016.
165		-
166		-	Sec. 5. Fiscal impact statement.
167		-	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact
168		-	statement required by section 4aof the General Legislative Procedures Act of 1975, approved
169		-	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a).
170		-
171		-	Sec. 6. Effective date.
172		-	This act shall take effect following approval by the Mayor (or, in the event of veto by the
173		-	Mayor, action by the Council to override the veto) and shall remain in effect for no longer than
174		-	90 days, as provided for emergency acts of the Council of the District of Columbia in section
175		-
176		-
177		-
178		-	ENROLLED ORIGINAL
179		-
180		-
181		-
182		-
183	5		5
184		-
185		-	412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788;
186		-	D.C. Official Code § 1- 204.12(a)).
187		-
188		-
189		-
190		-
191		-	______________________________
192		-	Chairman
193		-	Council of the District of Columbia
194		-
195		-
196		-
197		-
198		-	_________________________________
199		-	Mayor
200		-	District of Columbia
201		-
	6	+	6
	7	+	A BILL 7
	8	+	__________ 8
	9	+	9
	10	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 10
	11	+	____________________ 11
	12	+	12
	13	+	To amend, on an emergency basis, due to congressional review, the District of Columbia 13
	14	+	Housing Authority Act of 1999 to require the District of Columbia Housing Authority to 14
	15	+	report certain financial and operating information, revise the training requirements for 15
	16	+	commissioners, and establish training requirements for the executive director; and to 16
	17	+	amend chapter 39 of Title 28 of the District of Columbia Official Code to confirm the 17
	18	+	applicability of landlord-tenant consumer protections to the District of Columbia Housing 18
	19	+	Authority. 19
	20	+	20
	21	+	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 21
	22	+	Act may be cited as the “Housing Authority Accountability Congressional Review Emergency 22
	23	+	Amendment Act of 2023”. 23
	24	+	Sec. 2. The District of Columbia Housing Authority Act of 1999, effective May 9, 2000 24
	25	+	(D.C. Law 13-105; D.C. Official Code § 6-201 et seq. ), is amended as follows: 25
	26	+	(a) Section 3 (D.C. Official Code § 6-202) is amended by adding a new subsection (b-1) 26
	27	+	to read as follows: 27
	28	+	“(b-1)(1) No later than December 1, 2022, the Authority shall submit a report to the 28
	29	+	Mayor, Attorney General, and each Councilmember that details: 29
	30	+	“(A) The sum of all requested repayment amounts HUD has requested; 30
	31	+	“(B) The sources of the funds the Authority intends to use in making the 31
	32	+	repayments referenced in subparagraph (A) of this paragraph; 32 “(C) The total amount of security deposit interest owed to residents who 33
	33	+	have moved out of Housing Properties in the 3 years preceding December 1, 2022; 34
	34	+	“(D) The total amount of overcharging and undercharging rent and 35
	35	+	housing assistance payments identified through HUD’s required review of tenant files and the 36
	36	+	percentage of tenant files reviewed or corrected; and 37
	37	+	“(E) A date certain by which the Authority will deliver a protocol for 38
	38	+	assessing properties for rent reasonableness, as required by the HUD rules. 39
	39	+	“(2)(A) Beginning on December 1, 2022, and monthly thereafter, the Authority 40
	40	+	shall submit a report to the Mayor, Attorney General, and each Councilmember that details: 41
	41	+	“(i) The amount of operating reserves, expressed in dollars and in 42
	42	+	months of expenses, for its public housing program, Housing Choice Voucher Program, and the 43
	43	+	Authority’s operations overall; 44
	44	+	“(ii) The number of vacant public housing units classified by repair 45
	45	+	status, such as move-in ready, repairs in progress, and offline due to major repair needs; 46
	46	+	“(iii) The average length of time that Public-Housing- Assisted 47
	47	+	Units have been vacant in the prior year, by repair status; and 48
	48	+	“(iv) A detailed accounting of expenses paid for with District funds 49
	49	+	in the prior month and the expenses budgeted for payment with District funds in the remainder of 50
	50	+	the fiscal year. 51
	51	+	“(B) In lieu of the monthly reports required by subparagraph (A) of this 52
	52	+	paragraph (“reports”), the Authority may provide the Mayor, Attorney General, and each 53
	53	+	Councilmember with access to an online database through which the reports can be generated. 54 “(3) If HUD designates the Authority as a Standard Performer or High Performer 55
	54	+	in HUD’s Public Housing Assessment System or if the Authority demonstrates that the lack of 56
	55	+	such a designation is solely due to the presence of HUD's Moving to Work agreement with the 57
	56	+	Authority, the requirements of paragraph (2) of this subsection shall be waived for 12 months 58
	57	+	from the date the designation was received from HUD or documented by the Authority.”. 59
	58	+	(b) Section 12 (D.C. Official Code § 6- 211) is amended as follows: 60
	59	+	(1) Subsection (h) is amended to read as follows: 61
	60	+	“(h)(1) Within 60 days after a Commissioner's appointment and on an annual basis 62
	61	+	thereafter, each Commissioner shall complete training offered by or in connection with HUD 63
	62	+	covering the following topics: 64
	63	+	“(A) The role of a public housing agency board; 65
	64	+	“(B) Ethics for public housing agencies and board members or 66
	65	+	commissioners; 67
	66	+	“(C) Background on major housing authority programs, including public 68
	67	+	housing, the Housing Choice Voucher Program, and the rental assistance demonstration; 69
	68	+	“(D) Fair housing and reasonable accommodations; 70
	69	+	“(E) Public housing authority budgets, financial oversight, and financial 71
	70	+	reporting; and 72
	71	+	“(F) Federal procurement requirements. 73
	72	+	“(2) Within 90 days after a Commissioner’s appointment and on an annual basis 74
	73	+	thereafter, each Commissioner shall complete training offered by or in connection with HUD 75
	74	+	covering the following topics: 76 “(A) Public housing authority performance monitoring and risk 77
	75	+	management; 78
	76	+	“(B) HUD reporting requirements; 79
	77	+	“(C) Public housing asset management, development, redevelopment, 80
	78	+	disposition, and repositioning; 81
	79	+	“(D) Objectives and requirements of HUD’s Moving to Work program; 82
	80	+	and 83
	81	+	“(E) Resident opportunity, including HUD’s Section 3 requirements for 84
	82	+	economic and employment opportunities. 85
	83	+	“(3) In addition to the training required in paragraphs (1) and (2) of this 86
	84	+	subsection, each Commissioner shall spend at least 4 hours per quarter in training or educational 87
	85	+	seminars on corporate governance, public housing law and regulations, federal or local language 88
	86	+	access guidelines, labor and personnel, real estate and construction, or other subjects related to 89
	87	+	public housing development, operation, and management, the maximum reimbursable cost of 90
	88	+	which shall be established by the Board and paid by the Authority. 91
	89	+	“(4) A Commissioner appointed or re-appointed before October 15, 2022, shall 92
	90	+	complete training on federal procurement requirements within 30 days after the effective date of 93
	91	+	the Housing Authority Accountability Emergency Amendment Act of 2022, passed on 94
	92	+	emergency basis on October 18, 2022 (D.C. Act 24-629; 69 DCR 14026) (“Accountability Act”), 95
	93	+	the remainder of the trainings required in paragraph (1) of this subsection within 60 days after 96
	94	+	the effective date of the Accountability Act, and the trainings required in paragraph (2) of this 97
	95	+	subsection within 90 days after the effective date of the Accountability Act. 98 “(5) The Board shall monitor Commissioners’ compliance with the training 99
	96	+	requirements of this subsection and provide a Commissioner a warning notice if the 100
	97	+	Commissioner is out of compliance with the requirements. 101
	98	+	“(6) If a Commissioner has not completed the training requirements within 15 102
	99	+	days after the conclusion of the timeline specified in the applicable paragraph in this subsection, 103
	100	+	he or she shall be suspended from the Board until he or she is in compliance.”. 104
	101	+	(c) Section 14 (D.C. Official Code § 6-213) is amended by adding a new subsection (d) to 105
	102	+	read as follows: 106
	103	+	“(d)(1) Within 30 days after the Executive Director's appointment and on an annual basis 107
	104	+	thereafter, the Executive Director shall complete training offered by or in connection with HUD 108
	105	+	covering the following topics: 109
	106	+	“(A) Background on major housing authority programs, including public 110
	107	+	housing, the Housing Choice Voucher Program, and the rental assistance demonstration; 111
	108	+	“(B) Ethics for public housing agencies; 112
	109	+	“(C) Fair housing and reasonable accommodations; 113
	110	+	“(D) Housing authority budgets and financial reporting: 114
	111	+	“(E) Federal procurement requirements; 115
	112	+	“(F) Housing authority performance monitoring and risk management; 116
	113	+	“(G) HUD reporting requirements; 117
	114	+	“(H) Public housing asset management, development, redevelopment, 118
	115	+	disposition, and repositioning; 119
	116	+	“(I) Objectives and requirements of HUD’s Moving to Work program; and 120 “(J) Resident opportunity, including HUD’s Section 3 requirements for 121
	117	+	economic and employment opportunities. 122
	118	+	“(2) In addition to the training in paragraph (1) of this subsection, the Executive 123
	119	+	Director shall complete other trainings that the Board requires, such as labor and personnel 124
	120	+	management, language access, public housing law and regulations, real estate and construction, 125
	121	+	or other subjects related to public housing development, operation, and management. 126
	122	+	“(3) An Executive Director appointed or re-appointed before October 15, 2022, 127
	123	+	shall complete the trainings required in paragraph (1) within 30 days after the effective date of 128
	124	+	the Housing Authority Accountability Emergency Amendment Act of 2022, passed on 129
	125	+	emergency basis on October 18, 2022 (D.C. Act 24-629; 69 DCR 14026).”. 130
	126	+	Sec. 3. Section 28- 3901 of the District of Columbia Official Code is amended by adding 131
	127	+	a new subsection (e) to read as follows: 132
	128	+	“(e) Notwithstanding any other provision of this chapter, this chapter’s application to 133
	129	+	landlord-tenant relations shall include the District of Columbia Housing Authority's activities as 134
	130	+	a landlord; provided, that this subsection shall not be construed to otherwise apply this chapter to 135
	131	+	the District of Columbia or any agency thereof.”. 136
	132	+	Sec. 4. Applicability. 137
	133	+	(a) Section 2 shall apply as of February 1, 2023. 138
	134	+	(b) Section 3 shall apply as of December 19, 2016. 139
	135	+	Sec. 5. Fiscal impact statement. 140
	136	+	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 141
	137	+	statement required by section 4aof the General Legislative Procedures Act of 1975, approved 142
	138	+	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a). 143 Sec. 6. Effective date. 144
	139	+	This act shall take effect following approval by the Mayor (or, in the event of veto by the 145
	140	+	Mayor, action by the Council to override the veto) and shall remain in effect for no longer than 146
	141	+	90 days, as provided for emergency acts of the Council of the District of Columbia in section 147
	142	+	412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; 148
	143	+	D.C. Official Code § 1- 204.12(a)). 149