1 1 Councilmember Kenyan McDuffie Chairman Phil Mendelson 2 3 4 5 Councilmember Anita Bonds Councilmember Brooke Pinto 6 7 8 9 Councilmember Christina Henderson Councilmember Janeese Lewis George 10 11 12 A BILL 13 14 15 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 16 17 18 To amend the Homeless Services Reform Act of 2005 to reform the Rapid Re-Housing Program 19 to ensure that individuals and families do not pay more than 30% of their income toward 20 rent, to require the assessment of Rapid Re-Housing participants for the receipt of 21 permanent housing vouchers, to make case management services for Rapid Re-Housing 22 participants optional, and to establish eligibility and prioritization criteria for Targeted 23 Affordable Housing vouchers. 24 25 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 26 act may be cited as the “Rapid Re-Housing Reform Amendment Act of 2023”. 27 Sec. 2. The Homeless Services Reform Act of 2005, effective October 22, 2005 (D.C. 28 Law 16-35; D.C. Official Code § 4–751.01 et seq.) is amended as follows: 29 (a) The table of contents is amended by adding section designations for sections 32 and 30 33 to read as follows: 31 “Sec. 32. Rapid Re-housing Reform. 32 “Sec. 33. Targeted Affordable Housing Eligibility and Prioritization.”. 33 (b) Section 2 (D.C. Official Code § 4–751.01) is amended as follows: 34 2 (1) Paragraph (27C) is amended by striking the phrase “Rapid Re-Housing and 35 permanent supportive housing.” and inserting the phrase “permanent supportive housing and 36 targeted affordable housing.” in its place. 37 (2) By adding a new paragraph (39A) to read as follows: 38 “(39A) “Targeted affordable housing” means a program that provides rental assistance 39 for an unrestricted period of time to assist individuals or families experiencing homelessness, or 40 at-risk of experiencing homelessness, in obtaining and maintaining permanent housing.”. 41 (c) Section 6(b)(4) (D.C. Official Code § 4–753.01(b)(4)) is amended to read as follows: 42 “(A) Rapid Re-Housing programs for the purpose of providing housing 43 relocation and stabilization services and time-limited rental assistance to help a homeless 44 individual or family move as quickly as possible into permanent housing and achieve stability in 45 that housing; or 46 “(B) Targeted affordable housing for the purposes of providing rental 47 assistance for an unrestricted period of time to assist individuals or families experiencing 48 homelessness, or at-risk of experiencing homelessness, to obtain and maintain permanent 49 housing; or 50 “(C) Permanent supportive housing for the purpose of providing eligible 51 individuals and families experiencing chronic homelessness or at risk of experiencing chronic 52 homelessness, with ongoing housing and supportive service.”. 53 (d) A new section 32 is added to read as follows: 54 “Sec. 32. Rapid Re-housing Reform. 55 “(a) An individual or a head of a household shall pay no more than 30% of their income 56 toward rent while participating in the Rapid Re-Housing Program. 57 3 “(b)(1)(A) No later than 6 months after an individual or family is determined to be 58 eligible for Rapid Re-Housing, the Mayor shall determine whether each individual or family is 59 eligible for a permanent rental subsidy, including permanent supportive housing and targeted 60 affordable housing. 61 “(B) The Department shall share a determination of eligibility with the 62 individual or family within 5 business days of making a determination. 63 “(2)(A) For individuals or families already participating in Rapid Re-Housing that 64 the Department intends to exit from the program pursuant to § 4–754.36b, the Department shall 65 determine the individual or family’s eligibility for permanent supportive housing or targeted 66 affordable housing at least 3 months before the proposed exit date. 67 “(B) The Department shall share a determination of eligibility with the 68 individual or family within 5 business days of making a determination. 69 “(3)(A) The Department shall provide individuals or families determined to be 70 eligible for, or already participating in, Rapid Re-Housing with information on home ownership 71 programs, including the Home Purchase Assistance Program. 72 “(B) If an individual or family requests an application for a home 73 ownership program, the Department shall refer the individual or family to an appropriate 74 community-based organization within 5 business days 75 “(3) If an individual or family entering into or participating in Rapid Re-Housing 76 is determined to be eligible for permanent supportive housing or targeted affordable housing, the 77 individual or family shall not be exited from Rapid Re-Housing until the family receives a 78 voucher and is leased up with a housing provider who accepts the voucher; provided, that this 79 shall not apply to an individual or family who has sufficient income to cover the cost of a rental 80 4 unit they have secured in the District. For purposes of this paragraph, an individual or family 81 does not have sufficient income to cover the cost of a rental unit if more than 30% of the 82 individual or head of households’ income would be used to pay rent. 83 “(c) Case management for individuals or families determined to be eligible for or 84 participating in Rapid Re-Housing shall be voluntary and available upon oral or written request; 85 provided, that an individual or an individual in a family deemed to be eligible for or participating 86 in Rapid Re-Housing who receives income through Temporary Assistance to Needy Families 87 shall not receive case management through Rapid Re-Housing. 88 (e) A new section 33 is added to read as follows: 89 “Sec. 33. Targeted Affordable Housing Eligibility and Prioritization. 90 “(a) Individuals or families who are homeless, at risk of homelessness, or participating in 91 a Continuum of Care program shall be eligible for targeted affordable housing. 92 “(b) Individuals or families determined to be eligible for targeted affordable housing shall 93 be prioritized in the following order: 94 “(1) Individuals or families who will be exited from the Rapid Re-Housing 95 program and do not have sufficient income to cover the cost of a market rate rental unit of 96 appropriate size for the individual or family. 97 “(2)(A) Individuals or families in Rapid Re-Housing who are not eligible or 98 prioritized for permanent supportive housing and do not have sufficient income to cover the cost 99 of a rental unit of appropriate size for the participant or participant family. 100 “(B) Individuals or families in this category should be prioritized based on 101 the length of time that the participant has been in Rapid Re-Housing, with individuals or families 102 who have been in the program longer selected first. 103 5 “(3) Emergency shelter residents who have previously participated in Rapid Re-104 housing but are not eligible or prioritized for permanent supportive housing and do not have 105 sufficient income to cover the cost of a rental unit of appropriate size for the individual 106 participant or participant family; and 107 “(4) All other eligible applicants. 108 “(c)(1) The Department shall accept applications for targeted affordable housing from 109 any participant in a Continuum of Care program in the form of oral or written request for 110 consideration. 111 “(2) The Department shall document any written or oral requests for targeted 112 affordable housing in the participant’s file. 113 “(d) The Department shall provide timely written notice of eligibility pursuant to § 4-114 754.33. 115 “(e) Individuals or families shall have the opportunity to appeal adverse action decisions 116 pursuant to § 4-753.41 and § 4-753.42. 117 “(f) For purposes of subsection (b) and (c) of this section, Continuum of Care 118 participants, including emergency shelter residents and individuals and families in Rapid Re-119 Rehousing, do not have sufficient income to cover the cost of a rental unit if more than 30% of 120 the individual or head of household’s income would be used to pay rent.”. 121 Sec. 3. Fiscal impact statement. 122 The Council adopts the fiscal impact statement in the committee report as the fiscal 123 impact statement required by section 4a of the General Legislative Procedures Act of 1975, 124 approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 125 Sec. 4. Effective date. 126 6 This act shall take effect following approval by the Mayor (or in the event of veto by the 127 Mayor, action by the Council to override the veto), a 30-day period of congressional review as 128 provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 129 24, 1973, (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 130 Columbia Register. 131