District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0048 Compare Versions

Version 1 (Old)

Version 2 (New)

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	1	+	ENGROSSED ORIGINAL
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8		-	AN ACT
9		-
10		-	______________
11		-
12		-	IN COUNCIL OF THE DISTRICT OF COLUMBIA
13		-
14		-	______________________
15		-
16		-
17		-	To require the Department of Buildings to establish a tiered proactive inspection program for
18		-	multifamily rental housing properties; and to amend the Department of Buildings
19		-	Establishment Act of 2020 to require the Department’s Annual Enforcement Report to
20		-	contain specific data on proactive inspection program activities and enforcement.
21		-	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
22		-	act may be cited as the “Proactive Inspection Program Act of 2024”.
23		-
24		-	Sec. 2. Definitions.
25		-	For the purposes of this act, the term:
26		-	(1) “Area” means a defined geographical area such as a ward, police district,
27		-	neighborhood, census tract, census block group, or advisory neighborhood council single
28		-	member district.
29		-	(2) “Code official” means a person designated by the Director of the Department
30		-	of Buildings to administer or enforce the Housing Code of Title 14 of the District of Columbia
31		-	Municipal Regulations (14 DCMR § 100 et seq.) or the Construction Codes adopted pursuant to
32		-	section 10 of the Construction Codes Approval and Amendments Act of 1986, effective March
33		-	21, 1987 (D.C. Law 6-216; D.C. Official Code § 6-1409).
34		-	(3) “Department” means the Department of Buildings.
35		-	(4) “Director” means the Director of the Department of Buildings.
36		-	(5) “Extremely low household income” means a household income equal to 30%
37		-	or less of the area median family income.
38		-	(6) “Housing provider” means a landlord, an owner, lessor, sublessor, assignee, or
39		-	their agent, or any other person receiving or entitled to receive rents or benefits for the use or
40		-	occupancy of any rental unit within a housing accommodation within the District.
41		-	(7) “Mayor” means the Office of the Mayor of the District of Columbia.
42		-	(8) “Multi-building housing complex” means a group of 2 or more contiguous or
43		-	proximate structures, under management of a single owner or licensee, through single or multiple
44		-	licenses, of 3 or more dwelling units. ENROLLED ORIGINAL
	8	+	A BILL 1
	9	+	2
	10	+	25-48 3
	11	+	4
	12	+	IN COUNCIL OF THE DISTRICT OF COLUMBIA 5
	13	+	6
	14	+	7
	15	+	8
	16	+	9
	17	+	To require the Department of Buildings to establish a tiered proactive inspection program for 10
	18	+	multifamily rental housing properties; and to amend D.C. Code § 10–562.02 to require 11
	19	+	the Department’s Annual Enforcement Report to contain specific data on proactive 12
	20	+	inspection program activities and enforcement. 13
	21	+	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 14
	22	+	act may be cited as the “Proactive Inspection Program Act of 2023”. 15
	23	+	TITLE 1. ESTABLISHMENT OF THE PROACTIVE INSPECTION PROGRAM 16
	24	+	Sec. 2. Definitions. 17
	25	+	For the purposes of this act, the term: 18
	26	+	(1) “Area” means a defined geographical area such as a ward, police district, 19
	27	+	neighborhood, census tract, census block group, or advisory neighborhood council single 20
	28	+	member district. 21
	29	+	(2) “Code official” means a person designated by the Director of the Department 22
	30	+	of Buildings to administer or enforce the Housing Code of Title 14 of the District of Columbia 23
	31	+	Municipal Regulations or the Construction Codes adopted pursuant to § 6-1409. 24
	32	+	(3) “Department” means the Department of Buildings. 25 ENGROSSED ORIGINAL
45	33
46	34
47	35
48	36
49	37		2
50	38
51		-	(9) “Multifamily rental housing property” means residential real property
52		-	consisting of 3 or more dwelling units that are rented or offered for rent for residential
53		-	occupancy, including an apartment, efficiency apartment, room, suite of rooms, a single-family
54		-	home, or duplex.
55		-	(10) “Tenant” includes a tenant, subtenant, lessee, sublessee, or other person
56		-	entitled to the possession, occupancy, or the benefits of any rental unit owned by another person.
57		-
58		-	Sec. 3. Program; purpose.
59		-	(a) The Director shall establish a program to proactively inspect all multifamily rental
60		-	housing properties. It is the purpose of the proactive inspection program to:
61		-	(1) Proactively identify and address housing code violations in multifamily rental
62		-	housing properties across the District;
63		-	(2) Ensure significant compliance with the housing code in multifamily rental
64		-	housing properties; and
65		-	(3) Preserve and enhance the quality of life for District residents.
66		-	(b)(1) For purposes of the program, the Director shall classify multifamily rental housing
67		-	properties into 2 tiers: Tier 1, and Tier 2.
68		-	(2) Properties classified into the tiers shall be proactively inspected as follows:
69		-	(A) Properties in Tier 2 shall be proactively inspected at least once every 6
70		-	years; and
71		-	(B) Properties in Tier 1 shall be proactively inspected at least once every 2
72		-	years.
73		-	(c)(1) The Director shall assign multifamily residential housing property to one of the
74		-	tiers established by subsection (b) of this section. Tier assignments shall be made pursuant to an
75		-	algorithm developed by the Director that may take into account the following factors:
76		-	(A) The type of building on the property;
77		-	(B) The age of the building;
78		-	(C) The status of the rental housing business license for the property;
79		-	(D) The legal structure of the corporation to which the business license
80		-	was issued;
81		-	(E) The number and class of housing code violations found at the
82		-	property;
83		-	(F) The average length of time (in days) housing code violations remained
84		-	unabated at the property;
85		-	(G) The number of stop-work orders issued for the property;
86		-	(H) The number of violations for failure to properly store solid waste at or
87		-	on the property;
88		-	(I) Whether the owner has been delinquent in paying property taxes; ENROLLED ORIGINAL
	39	+	(4) “Director” means the Director of the Department of Buildings. 26
	40	+	(5) “Extremely low household income” means a household income equal to 30% 27
	41	+	or less of the area median family income. 28
	42	+	(6) “Housing provider” means a landlord, an owner, lessor, sublessor, assignee, or 29
	43	+	their agent, or any other person receiving or entitled to receive rents or benefits for the use or 30
	44	+	occupancy of any rental unit within a housing accommodation within the District. 31
	45	+	(7) “Mayor” means the Office of the Mayor of the District of Columbia. 32
	46	+	(8) “Multi-building housing complex” means a group of 2 or more contiguous or 33
	47	+	proximate structures, under management of a single owner or licensee, through single or multiple 34
	48	+	licenses, of 3 or more dwelling units. 35
	49	+	(9) “Multifamily rental housing property” means residential real property 36
	50	+	consisting of 3 or more dwelling units that are rented or offered for rent for residential 37
	51	+	occupancy, including an apartment, efficiency apartment, room, suite of rooms, a single-family 38
	52	+	home, or duplex. 39
	53	+	(10) “Tenant” includes a tenant, subtenant, lessee, sublessee, or other person 40
	54	+	entitled to the possession, occupancy, or the benefits of any rental unit owned by another person. 41
	55	+	Sec. 3. Program; purpose. 42
	56	+	(a) The Director shall establish a program to proactively inspect all multifamily rental 43
	57	+	housing properties. It is the purpose of the proactive inspection program to: 44 ENGROSSED ORIGINAL
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90	59
91	60
92	61
93	62		3
94	63
95		-	(J) Whether the property is located within an area where the percentage of
96		-	vulnerable populations, including people with disabilities, people who are foreign-born, people
97		-	who have limited or no-English proficiency, and households with extremely low household
98		-	income, is greater than the overall percentages for the District;
99		-	(K) Whether the property is located in an area where the percentage of
100		-	children under the age of 6 that have lead blood levels equal to or greater than 3.5 micrograms
101		-	per deciliter (>3.5 μg/dL) is greater than the overall percentage for children in the District; and
102		-	(L) Whether the property is located in an area where the rate or incidence
103		-	of pediatric asthma is higher than the rate or incidence of pediatric asthma for the District.
104		-	(2) The Director shall specify the weight to be assigned to each of the factors
105		-	listed in paragraph (1) of this subsection.
106		-	(d)(1) The Director shall re-evaluate the tier classification for each multifamily rental
107		-	housing property as follows:
108		-	(A) Properties in Tier 2 shall be re-evaluated for classification every 6
109		-	years; and
110		-	(B) Properties in Tier 1 shall be re-evaluated for classification every 2
111		-	years.
112		-	(2)(A) The Director shall notify each housing provider of their initial
113		-	classification and of any subsequent change in that classification.
114		-	(B) The notification shall include basic information about the proactive
115		-	inspection program, the specific criteria that were used to classify the multifamily residential
116		-	housing property, and contact information for the Department for further questions.
117		-	(3) Notwithstanding any other provision of this subsection, the Director may
118		-	reclassify a property at any time; provided, that the Department shall provide notice to the
119		-	affected housing provider describing the reasons for the reclassification.
120		-	(4) Classification and reclassification decisions made by the Director are not
121		-	subject to appeal.
122		-
123		-	Sec. 4. Proactive inspections; units inspected; consent of tenants.
124		-	(a) For purposes of a proactive inspection, a code official shall inspect the exterior, all
125		-	common interior areas, and individual units in a property.
126		-	(b)(1) The number of units inspected in a multifamily rental housing property shall be
127		-	calculated as follow:
128		-	(A) At least 50% of units in a property with 25 units or less;
129		-	(B) At least 40% of units in a property with 26 to 49 units;
130		-	(C) At least 30% of units in a property with 50 to 199 units; and
131		-	(D) At least 20% of units in a property with 200 or more units.
132		-	(2) If the property contains more than one level, at least one unit on each level
133		-	shall be inspected. ENROLLED ORIGINAL
	64	+	(1) Proactively identify and address housing code violations in multifamily rental 45
	65	+	housing properties across the District; 46
	66	+	(2) Ensure significant compliance with the housing code in multifamily rental 47
	67	+	housing properties; and 48
	68	+	(3) Preserve and enhance the quality of life for District residents. 49
	69	+	(b)(1) For purposes of the program, the Director shall classify multifamily rental housing 50
	70	+	properties into two tiers: Tier 1, and Tier 2. 51
	71	+	(2) Properties classified into the tiers shall be proactively inspected as follows: 52
	72	+	(A) Properties in Tier 2 shall be proactively inspected at least once every 6 53
	73	+	years; and 54
	74	+	(B) Properties in Tier 1 shall be proactively inspected at least once every 2 55
	75	+	years. 56
	76	+	(c)(1) The Director shall assign multifamily residential housing property to one of the 57
	77	+	tiers established by subsection (b) of this section. Tier assignments shall be made pursuant to an 58
	78	+	algorithm developed by the Director that may take into account the following factors: 59
	79	+	(A) The type of building on the property; 60
	80	+	(B) The age of the building; 61
	81	+	(C) The status of the rental housing business license for the property; 62
	82	+	(D) The legal structure of the corporation to which the business license 63
	83	+	was issued; 64 ENGROSSED ORIGINAL
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135	85
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139	89
140		-	(3) All vacant units shall be inspected for purposes of a proactive inspection, but
141		-	shall not count toward the percentages in paragraph (1) of this subsection.
142		-	(4) A multifamily rental housing property that comprises a multi-building housing
143		-	complex shall be treated as a single property for purposes of determining the percentage of units
144		-	that shall be inspected pursuant to paragraph (1) of this subsection.
145		-	(c)(1) The Director shall notify the property owner or property manager of a proactive
146		-	inspection and use best efforts to post notice of a proactive inspection at the property at least 60
147		-	days before the scheduled inspection date. Notice is presumed effective if provided to any e-mail
148		-	address on file with the Department in relation to the business license for the property.
149		-	(2) If a property owner does not consent to a proactive inspection after receiving
150		-	notice from the Director pursuant to paragraph (1) of this subsection, the Director may apply to a
151		-	judge of the District of Columbia for an administrative search warrant to conduct the inspection.
152		-	(3)(A)(i) The Department shall provide tenant inspection consent forms on its
153		-	website, and property owners shall be responsible for accessing these forms as needed.
154		-	(ii) The Department shall provide consent forms in all languages
155		-	covered by section 4 of the Language Access Act of 2004 (D.C. Law 15-167; D.C. Official Code
156		-	§ 2-1933).
157		-	(B)(i) Consent forms shall advise tenants of the purpose and importance of
158		-	the Department’s proactive inspection program and that:
159		-	(I) A code official with the Department will enter the unit
160		-	for purposes of performing a proactive inspection if the tenant provides consent by signing the
161		-	form;
162		-	(II) The inspection will occur on a specifically identified
163		-	date and an approximate time; and
164		-	(III) The tenant has the right to see the code official’s
165		-	identification before the code official enters the unit.
166		-	(C)(i) A property owner or manager shall make a good faith effort to
167		-	obtain written consent from tenants of the units that have been selected by the Department for
168		-	inspection at least 25 days before the scheduled inspection date.
169		-	(ii) If a property owner or manager knows or reasonably should
170		-	know that the tenant speaks a primary language other than English that is covered under section
171		-	4 of the Language Access Act of 2004 (D.C. Law 15-167; D.C. Official Code § 2-1933), the
172		-	property owner or manager shall provide the consent form to the tenant in that language.
173		-	(iii) Completed consent forms shall be transmitted to the
174		-	Department at least 25 days before the date of the scheduled inspection.
175		-	(iv) Absent emergency circumstances or an administrative search
176		-	warrant, no proactive inspection shall occur of any unit for which the tenant has withheld
177		-	consent. ENROLLED ORIGINAL
	90	+	(E) The number and class of housing code violations found at the 65
	91	+	property; 66
	92	+	(F) The average length of time (in days) housing code violations remained 67
	93	+	unabated at the property; 68
	94	+	(G) The number of stop-work orders issued for the property; 69
	95	+	(H) The number of violations for failure to properly store solid waste at or 70
	96	+	on the property; 71
	97	+	(I) Whether the owner has been delinquent in paying property taxes; 72
	98	+	(J) Whether the property is located within an area where the percentage of 73
	99	+	vulnerable populations, including people with disabilities, people who are foreign-born, people 74
	100	+	who have limited or no-English proficiency, and households with extremely low household 75
	101	+	income, is greater than the overall percentages for the District; 76
	102	+	(K) Whether the property is located in an area where the percentage of 77
	103	+	children under the age of 6 that have lead blood levels equal to or greater than 3.5 micrograms 78
	104	+	per deciliter (>3.5 μg/dL) is greater than the overall percentage for children in the District; and 79
	105	+	(L) Whether the property is located in an area where the rate or incidence 80
	106	+	of pediatric asthma is higher than the rate or incidence of pediatric asthma for the District. 81
	107	+	(2) The Director shall specify the weight to be assigned to each of the factors 82
	108	+	listed in paragraph (1) of this subsection. 83 ENGROSSED ORIGINAL
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179	110
180	111
181	112
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183	114
184		-	(D) When a tenant does not return a signed consent form provided by the
185		-	property owner or manager, the Director may provide the property owner or manager with
186		-	another unit to inspect; provided, that the failure to obtain the requisite number of tenant consent
187		-	forms shall not result in a delay or rescheduling of the proactive inspection of units for which
188		-	tenants have provided consent.
189		-	(d) A tenant may request that his or her unit be subject to a proactive inspection if he or
190		-	she does not receive a consent form pursuant to subsection (c) of this section. The request may
191		-	be made in writing or orally to the property owner, manager, or the Department.
192		-	(e) The Director shall publicly post a list of properties and units to be proactively
193		-	inspected at least 60 days prior to the scheduled inspection.
194		-	(f) A property owner or manager must be on the premises during inspections, and an
195		-	authorized agent or employee of the property owner or manager with means to access each unit
196		-	scheduled for inspection must accompany the code official during the inspection.
197		-	(g) If 2 or more units selected for inspection, or 20% or more of the inspected units,
198		-	whichever is greater, are each found to have four or more class 1 civil infractions pursuant to 16
199		-	DCMR § 3200.1, the Director may require that up to 100% of the units at the property be
200		-	inspected.
201		-	(h)(1) When it is necessary to make an inspection to enforce the provisions of the
202		-	Construction Codes or the Housing Code, including for purposes of a proactive inspection, the
203		-	code official is authorized to enter the premises, or any part thereof, at reasonable times to
204		-	inspect or to perform the duties imposed by the Construction Codes or the Housing Code, subject
205		-	to applicable law, including subsection (c) of this section. This authority includes situations
206		-	when the code official has reasonable cause to believe that a condition exists in or upon a
207		-	premise that is contrary to or in violation of the Construction Codes or the Housing Code. When
208		-	attempting to gain entrance for inspection, the code official and authorized representatives
209		-	thereof shall present official credentials.
210		-	(2) With respect to the inspection of an occupied residential portion of any
211		-	premise under the exclusive control of a tenant, the code official shall not enter that portion of
212		-	the premise without first having obtained permission from the tenant or other person of suitable
213		-	age and discretion who resides there, unless the code official has:
214		-	(A) A valid administrative search warrant which permits the inspection;
215		-	(B) A reasonable basis to believe that an imminent danger to the public
216		-	health, safety or welfare exists requiring immediate entry into that portion of the premises.
217		-	(3) Any person who interferes with the code official in the performance of
218		-	authorized duties or prevents or refuses to allow the code official to enter a premises or any
219		-	portion thereof for inspection in the performance of authorized duties, is in violation of the
220		-	Construction Codes and the Housing Code.
221		-	(4) If entry is refused, the code official shall have recourse to the remedies
222		-	provided by law to secure entry. ENROLLED ORIGINAL
	115	+	(d)(1) The Director shall re-evaluate the tier classification for each multifamily rental 84
	116	+	housing property as follows: 85
	117	+	(A) Properties in Tier 2 shall be re-evaluated for classification every 6 86
	118	+	years; and 87
	119	+	(B) Properties in Tier 1 shall be re-evaluated for classification every 2 88
	120	+	years. 89
	121	+	(2)(A) The Director shall notify each housing provider of their initial 90
	122	+	classification and of any subsequent change in that classification. 91
	123	+	(B) The notification shall include basic information about the proactive 92
	124	+	inspection program, the specific criteria that were used to classify the multifamily residential 93
	125	+	housing property, and contact information for the Department for further questions. 94
	126	+	(3) Notwithstanding any other provision of this subsection, the Director may 95
	127	+	reclassify a property at any time; provided, that the Department shall provide notice to the 96
	128	+	affected housing provider describing the reasons for the reclassification. 97
	129	+	(4) Classification and reclassification decisions made by the Director are not 98
	130	+	subject to appeal. 99
	131	+	Sec. 4. Proactive inspections; units inspected; consent of tenants. 100
	132	+	(a) For purposes of a proactive inspection, a code official shall inspect the exterior, all 101
	133	+	common interior areas, and individual units in a property. 102 ENGROSSED ORIGINAL
223	134
224	135
225	136
226	137
227	138		6
228	139
229		-
230		-	Sec. 5. Proactive inspection fees and fines.
231		-	(a) Fees assessed for proactive inspections shall be deposited into the Drug-, Firearm-, or
232		-	Prostitution-Related Nuisance Abatement Fund described in section 12a of the Drug-Related
233		-	Nuisance Abatement Act of 1998, effective April 4, 2006 (D.C. Law 16-81; D.C. Official Code §
234		-	42–3111.01).
235		-	(b) Fines assessed pursuant to this act or the District of Columbia Municipal Regulations
236		-	(DCMR) as the result of proactive inspections shall be deposited into the General Fund of the
237		-	District of Columbia.
238		-
239		-	Sec. 6. Proactive inspection algorithm evaluation report.
240		-	(a) The Director shall prepare and submit to the Council an evaluation report assessing
241		-	the efficacy of the algorithm used to classify properties.
242		-	(b) The report shall include:
243		-	(1) The final list of factors that will be used in the algorithm and an explanation
244		-	for why any factor listed in section 3(c) of this act was not utilized in the algorithm;
245		-	(2) A list and explanation of statistics that were used to assess the efficacy of the
246		-	algorithm, including statistics for accuracy, precision, recall, the F1-Score, the receiver operating
247		-	characteristic area under curve score, and the Brier score; and
248		-	(3) A plan detailing how the Department will assess the efficacy of the algorithm
249		-	in the future.
250		-	(c) The report shall be submitted to the Council 90 days after the effective date of this act.
251		-
252		-	Sec. 7. Rules.
253		-	(a) The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure
254		-	Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall issue
255		-	rules necessary to implement the provisions of this act.
256		-	(b) Proposed rules promulgated pursuant to subsection (a) of this section shall be
257		-	submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal
258		-	holidays, and days of Council recess. If the Council does not approve or disapprove the proposed
259		-	rules, in whole or in part, by resolution within this 45-day period, the proposed rules shall be
260		-	deemed approved.
261		-	(c) Upon the effective date of rules promulgated pursuant to this act, 14 DCMR §
262		-	207.1(d) is repealed.
263		-
264		-	Sec. 8. Section 202 of the Department of Buildings Establishment Act of 2020, effective
265		-	April 5, 2021 (D.C. Law 23-269; D.C. Official Code § 10-562.02), is amended to read as
266		-	follows: ENROLLED ORIGINAL
	140	+	(b)(1) The number of units inspected in a multifamily rental housing property shall be 103
	141	+	calculated as follow: 104
	142	+	(A) At least 50% of units in a property with 25 units or less; 105
	143	+	(B) At least 40% of units in a property with 26 to 49 units; 106
	144	+	(C) At least 30% of units in a property with 50 to 199 units; and 107
	145	+	(D) At least 20% of units in a property with 200 or more units. 108
	146	+	(2) If the property contains more than one level, at least one unit on each level 109
	147	+	shall be inspected. 110
	148	+	(3) All vacant units shall be inspected for purposes of a proactive inspection, but 111
	149	+	shall not count toward the percentages in paragraph (1) of this subsection. 112
	150	+	(4) A multifamily rental housing property that comprises a multi-building housing 113
	151	+	complex shall be treated as a single property for purposes of determining the percentage of units 114
	152	+	that shall be inspected pursuant to paragraph (1) of this subsection. 115
	153	+	(c)(1) The Director shall notify the property owner or property manager of a proactive 116
	154	+	inspection and use best efforts to post notice of a proactive inspection at the property at least 60 117
	155	+	days before the scheduled inspection date. Notice is presumed effective if provided to any e-mail 118
	156	+	address on file with the Department in relation to the business license for the property. 119
	157	+	(2) If a property owner does not consent to a proactive inspection after receiving 120
	158	+	notice from the Director pursuant to paragraph (1) of this subsection, the Director may apply to a 121
	159	+	judge of the District of Columbia for an administrative search warrant to conduct the inspection. 122 ENGROSSED ORIGINAL
267	160
268	161
269	162
270	163
271	164		7
272	165
273		-	“(a) On or before January 1, 2025, and January 1 of every year thereafter, the Director
274		-	shall submit to the Council and the Office of Attorney General an annual report detailing the
275		-	enforcement activities of the Department in the prior fiscal year.
276		-	“(b) The report required under subsection (a) of this section shall assess the Department's
277		-	progress against the Strategic Enforcement Plan required under section 201 and identify any
278		-	changes to operations necessary to implement the Strategic Enforcement Plan.
279		-	“(c)(1) The report required under subsection (a) of this section shall also include the
280		-	following data for the prior fiscal year:
281		-	“(A) Complaint data, detailing the number, type, method, determination of
282		-	validity, and resolution of complaints received by the Department;
283		-	“(B) Inspection data, detailing the number of inspections conducted by
284		-	complaint and program type;
285		-	“(C) Violation data, detailing the violations identified and cited in the
286		-	prior fiscal year and their status as abated or unresolved as of the date of the report;
287		-	“(D) Fine collection data, detailing the dollar value of the fines assessed,
288		-	dollar value of the fines assessed versus the fines collected, violations for which the fines were
289		-	issued, and identifying any reduction in fine amount due to an action by an administrative judge
290		-	to reduce the assessed fine, adverse judgment at an administrative hearing, administrative
291		-	settlement or dismissal by the Department, or other means resulting in a collection of less than
292		-	the levied amount, and any fines not yet collected as of the date of the report;
293		-	“(E) Abatement efficacy, detailing the number and nature of abatement
294		-	orders, the number of days taken to abate each order, the number of extensions granted by type
295		-	of abatement order, the justification for each extension, and the location of each abatement order,
296		-	and its status as abated or unresolved as of the date of the report;
297		-	“(F) Enforcement escalation data, detailing the number of violations
298		-	referred to the Attorney General for the District of Columbia, the aggregate dollar amount
299		-	assessed, and a description of the matters referred; and
300		-	“(G) Collections escalation data, detailing the number of violations
301		-	referred to the Central Collections Unit.
302		-	“(2) For all data required pursuant to subparagraphs (B) through (G) of paragraph
303		-	(1) of this subsection, proactive inspection program data shall be reported separately. All
304		-	proactive inspection data shall be reported by tier and Ward.”.
305		-
306		-	Sec. 9. Applicability.
307		-	(a) This act shall apply upon the date of inclusion of its fiscal effect in an approved
308		-	budget and financial plan.
309		-	(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in
310		-	an approved budget and financial plan and provide notice to the Budget Director of the Council
311		-	of the certification. ENROLLED ORIGINAL
	166	+	(3)(A)(i) The Department shall provide tenant inspection consent forms on its 123
	167	+	website, and property owners shall be responsible for accessing these forms as needed. 124
	168	+	(ii) The Department shall provide consent forms in all languages 125
	169	+	covered by Section 4 of the Language Access Act of 2004 (D.C. Law 15-167; D.C. Code § 2-126
	170	+	1933). 127
	171	+	(B)(i) Consent forms shall advise tenants of the purpose and importance of 128
	172	+	the Department’s proactive inspection program and that: 129
	173	+	(I) A code official with the Department will enter the unit 130
	174	+	for purposes of performing a proactive inspection if the tenant provides consent by signing the 131
	175	+	form; 132
	176	+	(II) The inspection will occur on a specifically identified 133
	177	+	date and an approximate time; and 134
	178	+	(III) The tenant has the right to see the code official’s 135
	179	+	identification before the code official enters the unit. 136
	180	+	(C)(i) A property owner or manager shall make a good faith effort to 137
	181	+	obtain written consent from tenants of the units that have been selected by the Department for 138
	182	+	inspection at least 25 days before the scheduled inspection date. 139
	183	+	(ii) If a property owner or manager knows or reasonably should 140
	184	+	know that the tenant speaks a primary language other than English that is covered under § 2-141 ENGROSSED ORIGINAL
312	185
313	186
314	187
315	188
316	189		8
317	190
318		-	(c)(1) The Budget Director shall cause the notice of the certification to be published in
319		-	the District of Columbia Register.
320		-	(2) The date of publication of the notice of the certification shall not affect the
321		-	applicability of this act.
322		-
323		-	Sec. 10. Fiscal impact statement.
324		-	The Council adopts the fiscal impact statement in the committee report as the fiscal
325		-	impact statement required by section 4a of the General Legislative Procedures Act of 1975,
326		-	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
327		-
328		-	Sec. 11. Effective date.
329		-	This act shall take effect following approval by the Mayor (or in the event of veto by the
330		-	Mayor, action by the Council to override the veto), a 30-day period of congressional review as
331		-	provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December
332		-	24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of
333		-	Columbia Register.
334		-
335		-
336		-
337		-	______________________________
338		-	Chairman
339		-	Council of the District of Columbia
	191	+	1933, the property owner or manager shall provide the consent form to the tenant in that 142
	192	+	language. 143
	193	+	(iii) Completed consent forms shall be transmitted to the 144
	194	+	Department at least 25 days before the date of the scheduled inspection. 145
	195	+	(iv) Absent emergency circumstances or an administrative search 146
	196	+	warrant, no proactive inspection shall occur of any unit for which the tenant has withheld 147
	197	+	consent. 148
	198	+	(D) When a tenant does not return a signed consent form provided by the 149
	199	+	property owner or manager, the Director may provide the property owner or manager with 150
	200	+	another unit to inspect; provided, that the failure to obtain the requisite number of tenant consent 151
	201	+	forms shall not result in a delay or rescheduling of the proactive inspection of units for which 152
	202	+	tenants have provided consent. 153
	203	+	(d) A tenant may request that his or her unit be subject to a proactive inspection if he or 154
	204	+	she does not receive a consent form pursuant to subsection (c) of this section. The request may 155
	205	+	be made in writing or orally to the property owner, manager, or the Department. 156
	206	+	(e) The Director shall publicly post a list of properties and units to be proactively 157
	207	+	inspected at least 60 days prior to the scheduled inspection. 158
	208	+	(f) A property owner or manager must be on the premises during inspections, and an 159
	209	+	authorized agent or employee of the property owner or manager with means to access each unit 160
	210	+	scheduled for inspection must accompany the code official during the inspection. 161 ENGROSSED ORIGINAL
340	211
341	212
342	213
343	214
	215	+	9
344	216
345		-	_________________________________
346		-	Mayor
347		-	District of Columbia
	217	+	(g) If two or more units selected for inspection, or 20% or more of the inspected units, 162
	218	+	whichever is greater, are each found to have four or more class 1 civil infractions pursuant to 16 163
	219	+	DCMR 3200.1, the Director may require that up to 100% of the units at the property be 164
	220	+	inspected. 165
	221	+	(h)(1) When it is necessary to make an inspection to enforce the provisions of the 166
	222	+	Construction Codes or the Housing Code, including for purposes of a proactive inspection, the 167
	223	+	code official is authorized to enter the premises, or any part thereof, at reasonable times to 168
	224	+	inspect or to perform the duties imposed by the Construction Codes or the Housing Code, subject 169
	225	+	to applicable law, including subsection (c) of this section. This authority includes situations 170
	226	+	when the code official has reasonable cause to believe that a condition exists in or upon a 171
	227	+	premise that is contrary to or in violation of the Construction Codes or the Housing Code. When 172
	228	+	attempting to gain entrance for inspection, the code official and authorized representatives 173
	229	+	thereof shall present official credentials. 174
	230	+	(2) With respect to the inspection of an occupied residential portion of any 175
	231	+	premise under the exclusive control of a tenant, the code official shall not enter that portion of 176
	232	+	the premise without first having obtained permission from the tenant or other person of suitable 177
	233	+	age and discretion who resides there, unless the code official has: 178
	234	+	(A) A valid administrative search warrant which permits the inspection; 179
	235	+	(B) A reasonable basis to believe that an imminent danger to the public 180
	236	+	health, safety or welfare exists requiring immediate entry into that portion of the premises. 181 ENGROSSED ORIGINAL
348	237
349	238
350	239
	240	+
	241	+	10
	242	+
	243	+	(3) Any person who interferes with the code official in the performance of 182
	244	+	authorized duties, or prevents or refuses to allow the code official to enter a premise or any 183
	245	+	portion thereof for inspection in the performance of authorized duties, is in violation of the 184
	246	+	Construction Codes and the Housing Code. 185
	247	+	(4) If entry is refused, the code official shall have recourse to the remedies 186
	248	+	provided by law to secure entry. 187
	249	+	Sec. 5. Proactive inspection fees and fines. 188
	250	+	(a) Fees assessed for proactive inspections shall be deposited into the Nuisance 189
	251	+	Abatement Fund described in § 42–3111.01. 190
	252	+	(b) Fines assessed pursuant to this act or District of Columbia Municipal Regulations 191
	253	+	(DCMR) as a result of proactive inspections shall be deposited into the General Fund of the 192
	254	+	District of Columbia. 193
	255	+	Sec. 6. Proactive inspection algorithm evaluation report. 194
	256	+	(a) The Director shall prepare and submit to the Council an evaluation report assessing 195
	257	+	the efficacy of the algorithm used to classify properties. 196
	258	+	(b) The report shall include: 197
	259	+	(1) The final list of factors that will be used in the algorithm and an explanation 198
	260	+	for why any factor listed in Section 3(c) of this act was not utilized in the algorithm; 199 ENGROSSED ORIGINAL
	261	+
	262	+
	263	+
	264	+
	265	+	11
	266	+
	267	+	(2) A list and explanation of statistics that were used to assess the efficacy of the 200
	268	+	algorithm, including statistics for accuracy, precision, recall, the F1-Score, the receiver operating 201
	269	+	characteristic area under curve score, and the Brier score; and 202
	270	+	(3) A plan detailing how the Department will assess the efficacy of the algorithm 203
	271	+	in the future. 204
	272	+	(c) The report shall be submitted to the Council 90 days after the effective date of this act. 205
	273	+	Sec. 7. Section 202 of the Department of Buildings Establishment Act of 2020 (D.C. Law 206
	274	+	23-269; D.C. Official Code § 10-562.02) is amended to read as follows: 207
	275	+	“(a) On or before January 1, 2025, and January 1 of every year thereafter, the Director 208
	276	+	shall submit to the Council and the Office of Attorney General an annual report detailing the 209
	277	+	enforcement activities of the Department in the prior fiscal year. 210
	278	+	“(b) The report required under subsection (a) of this section shall assess the Department's 211
	279	+	progress against the Strategic Enforcement Plan required under Section 201 of the Department of 212
	280	+	Buildings Establishment Act of 2020 (D.C. Law 23-269; D.C. Official Code § 10-562.01) and 213
	281	+	identify any changes to operations necessary to implement the Strategic Enforcement Plan. 214
	282	+	“(c)(1) The report required under subsection (a) of this section shall also include the 215
	283	+	following data for the prior fiscal year: 216
	284	+	“(A) Complaint data, detailing the number, type, method, determination of 217
	285	+	validity, and resolution of complaints received by the Department; 218 ENGROSSED ORIGINAL
	286	+
	287	+
	288	+
	289	+
	290	+	12
	291	+
	292	+	“(B) Inspection data, detailing the number of inspections conducted by 219
	293	+	complaint and program type; 220
	294	+	“(C) Violation data, detailing the violations identified and cited in the 221
	295	+	prior fiscal year and their status as abated or unresolved as of the date of the report; 222
	296	+	“(D) Fine collection data, detailing the dollar value of the fines assessed, 223
	297	+	dollar value of the fines assessed versus the fines collected, violations for which the fines were 224
	298	+	issued, and identifying any reduction in fine amount due to an action by an administrative judge 225
	299	+	to reduce the assessed fine, adverse judgment at an administrative hearing, administrative 226
	300	+	settlement or dismissal by the Department, or other means resulting in a collection of less than 227
	301	+	the levied amount, and any fines not yet collected as of the date of the report; 228
	302	+	“(E) Abatement efficacy, detailing the number and nature of abatement 229
	303	+	orders, the number of days taken to abate each order, the number of extensions granted by type 230
	304	+	of abatement order, the justification for each extension, and the location of each abatement order, 231
	305	+	and its status as abated or unresolved as of the date of the report; 232
	306	+	“(F) Enforcement escalation data, detailing the number of violations 233
	307	+	referred to the Attorney General for the District of Columbia, the aggregate dollar amount 234
	308	+	assessed, and a description of the matters referred; and 235
	309	+	“(G) Collections escalation data, detailing the number of violations 236
	310	+	referred to the Central Collections Unit. 237 ENGROSSED ORIGINAL
	311	+
	312	+
	313	+
	314	+
	315	+	13
	316	+
	317	+	“(2) For all data required pursuant to subparagraphs (B) through (G) of paragraph 238
	318	+	(1) of this subsection, proactive inspection program data shall be reported separately. All 239
	319	+	proactive inspection data shall be reported by tier and Ward.”. 240
	320	+	Sec. 8. Rules. 241
	321	+	(a) The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure 242
	322	+	Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall issue 243
	323	+	rules necessary to implement the provisions of this act. 244
	324	+	(b) Proposed rules promulgated pursuant to subsection (a) of this section shall be 245
	325	+	submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal 246
	326	+	holidays, and days of Council recess. If the Council does not approve or disapprove the proposed 247
	327	+	rules, in whole or in part, by resolution within this 45-day period, the proposed rules shall be 248
	328	+	deemed approved. 249
	329	+	(c) Upon the effective date of rules promulgated pursuant to this act, 14 DCMR § 250
	330	+	207.1(d) is repealed. 251
	331	+	Sec. 9. Applicability. 252
	332	+	(a) This act shall apply upon the date of inclusion of its fiscal effect in an approved 253
	333	+	budget and financial plan. 254
	334	+	(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in 255
	335	+	an approved budget and financial plan and provide notice to the Budget Director of the Council 256
	336	+	of the certification. 257 ENGROSSED ORIGINAL
	337	+
	338	+
	339	+
	340	+
	341	+	14
	342	+
	343	+	(c)(1) The Budget Director shall cause the notice of the certification to be published in 258
	344	+	the District of Columbia Register. 259
	345	+	(2) The date of publication of the notice of the certification shall not affect the 260
	346	+	applicability of this act. 261
	347	+	Sec. 10. Fiscal impact statement. 262
	348	+	The Council adopts the fiscal impact statements in the committee report as the fiscal 263
	349	+	impact statement required by section 4a of the General Legislative Procedures Act of 1975, 264
	350	+	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 265
	351	+	Sec. 11. Effective date. 266
	352	+	This act shall take effect following approval by the Mayor (or in the event of veto by the 267
	353	+	Mayor, action by the Council to override the veto), a 30-day period of congressional review as 268
	354	+	provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 269
	355	+	24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 270
	356	+	Columbia Register. 271