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District Of Columbia Council Bill B25-0191

District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0191 Compare Versions

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55 ______________________________ __________________________________ 3
66 Councilmember Robert C. White, Jr. Councilmember Janeese Lewis George 4
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88 6
99 _____________________________ __________________________________ 7
1010 Councilmember Trayon White, Sr. Councilmember Zachary Parker 8
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1212 10
1313 _____________________________ __________________________________ 11
1414 Councilmember Charles Allen Councilmember Brianne K. Nadeau 12
1515 13
1616 14
1717 _____________________________ 15
1818 Councilmember Brooke Pinto 16
1919 17
2020 18
2121 19
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2323 21
2424 A BILL 22
2525 23
2626 _____________ 24
2727 25
2828 26
2929 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 27
3030 28
3131 _________________ 29
3232 30
3333 31
3434 32
3535 To establish an Office of Social Housing Developments to foster the construction, maintenance, 33
3636 and growth of District-owned residential properties designed to be mixed-income housing 34
3737 with not less than two-thirds of a building developed as family units and not less than two-35
3838 thirds of units rented as permanently affordable units for extremely-, very-, and low-36
3939 income households, and to establish a framework for tenant governance, environmentally 37
4040 conscious building standards, and street-level amenities that serve a public purpose at 38
4141 social housing developments; to amend the District of Columbia Government 39
4242 Comprehensive Merit Personnel Act of 1978 to provide for the appointment of the Director 40
4343 of the Office; to amend the Green Finance Authority Establishment Act of 2018 to allow 41
4444 investments in District-owned social housing developments; to amend an Act Authorizing 42
4545 the sale of certain real estate in the District of Columbia no longer required for public 43
4646 purposes to require that the Mayor evaluate such properties for conversion into social 44
4747 housing developments before disposing of them; to amend the Housing Production Trust 45
4848 Fund Act of 1988 to make social housing developments eligible to receive loans and grants; 46 2
4949
5050 and to amend The Rental Housing Conversion and Sale Act of 1980 to allow the District 47
5151 to purchase residential property for conversion into social housing developments. 48
5252 49
5353 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 50
5454 act may be cited as the “Green New Deal for Housing Amendment Act of 2023”. 51
5555 52
5656 Title I. SOCIAL HOUSING DEVELOPMENT 53
5757 Sec. 101. DEFINITIONS. 54
5858 For the purposes of this chapter, the term: 55
5959 (1) “Area Median Income” shall have the same meaning as provided in section 2(1) of 56
6060 the Housing Production Trust Fund Act of 1988, effective March 16, 1989 (D.C. Law 7-202; 57
6161 D.C. Official Code § 42-2801(1)). 58
6262 (2) “Bonds” means any bond, note, debenture, interim certificate, or other evidence of 59
6363 financial indebtedness of the Office authorized to be issued under the provisions of this chapter. 60
6464 (3) “Extremely low-income” means a household income equal to, or less than, 30% of the 61
6565 area median income. 62
6666 (4) “Fair market value” means the average, unsubsidized rental rate a reasonable person 63
6767 could expect to pay for a comparable dwelling unit when considering the age, condition, and 64
6868 location of similar properties. 65
6969 (5) “Low-income” means a household income equal to between 51% and 80% of the area 66
7070 median income. 67
7171 (6) “Mixed-income” means a property that includes tenants with a range of household 68
7272 incomes including extremely low-, very low-, low-, and above low-income levels. 69 3
7373
7474 (7) “Mixed-use” shall mean a multi-family residential development that includes space 70
7575 for commercial or institutional purposes in accordance with zoning regulations set forth by the 71
7676 Office of Zoning. 72
7777 (8) “Net-zero emissions” means all energy is produced on-site, and to the degree that off-73
7878 site energy production is necessary, it is provided via contracts for electricity produced from 74
7979 renewable sources and no energy may be produced from combustion or other sources that emit 75
8080 greenhouse gases. 76
8181 (9) “Operating costs” means any costs associated with maintaining a Social Housing 77
8282 Development including management expenses, maintenance, utilities, and associated services. 78
8383 (10) “Permanently affordable” means a tenant’s rent, in perpetuity, will not exceed 30% 79
8484 of tenant household income if, at the time a tenant signs an initial lease, they qualify as 80
8585 extremely low-, very low-, or low-income relative to area median income. 81
8686 (11) “Personal mobility device” shall have the same meaning as provided in § 50-82
8787 2201.02(13). 83
8888 (12) “Real property” means land titled in the District or in which the District has a 84
8989 controlling interest and includes all structures of a permanent character erected thereon or affixed 85
9090 thereto, any natural resources located thereon or thereunder, all riparian rights attached thereto, 86
9191 or any air space located above or below the property or any street or alley under the jurisdiction 87
9292 of the Mayor. 88
9393 (13) “Rent” means money owed to occupy a unit in a social housing development, 89
9494 including: 90
9595 (A) Money to be paid directly by a tenant, and 91 4
9696
9797 (B) Funding associated with housing voucher programs operated by the District or 92
9898 Federal government. 93
9999 (14) “Restorative justice” means a process of allowing tenants or property managers, or 94
100100 management sub-contractors, who are causing harm in the community to take responsibility, 95
101101 reconcile with impacted parties, and address root causes of the harm with the goal of restoring all 96
102102 parties to the level of trust and cooperation prior to the harm. 97
103103 (15) “Social housing development” means real property that: 98
104104 (A) Is owned by the District of Columbia and operated by the Office of Social 99
105105 Housing Development; 100
106106 (B) Provides mixed-income apartment housing that is permanently affordable for 101
107107 lower income tenants; and 102
108108 (C) Uses the revenue generated from rent to further the purpose and duties of The 103
109109 Office of Social Housing Development pursuant to section 103 of this Act. 104
110110 (16) “Street-level” means the portion of a property that sits on or most proximately opens 105
111111 to the same level as the street or sidewalk. “Street-level” may also be considered ground floor or 106
112112 ground level. 107
113113 (17) “Tenant” means a tenant, subtenant, lessee, sublessee, or other person entitled to the 108
114114 possession, occupancy or benefits of a rental unit within a social housing development. The 109
115115 singular term “tenant” includes the plural. 110
116116 (18) “Tenant association” means: 111
117117 (A) A group of tenants organized to represent their collective interests as residents 112
118118 of social housing developments; 113 5
119119
120120 (B) An association that represent a minimum of 51% of the households in a 114
121121 building, as determined by rules established by the tenant association pursuant to section 106(b); 115
122122 and 116
123123 (C) the term “tenant association” may also include the a tenant union, tenant 117
124124 organization, tenant council, or similar term reflecting the chosen name of a duly organized 118
125125 group of tenants of a social housing development.
126126
127127 119
128128 (19) “Universal design” means creating a built environment to be accessible and usable to 120
129129 the greatest number of people regardless of ability, age, or other characteristics. 121
130130 (20) “Utility provider” means a provider of services for electricity, water, and 122
131131 telecommunications and internet. 123
132132 (21) “Very low income” means a household income equal to between 31% and 50% of 124
133133 the area median income. 125
134134 Sec. 102. Office of Social Housing Development Establishment. 126
135135 (a)(1) Pursuant to section 404(b) of the District of Columbia Home Rule Act, approved 127
136136 December 24, 1973 (87 Stat. 787; D.C. Official Code § 1-204.04(b)), the Council establishes an 128
137137 Office of Social Housing Development (“The Office”) as a subordinate office within the 129
138138 executive branch of the District government. 130
139139 (2) The Office shall be under the direction and agency cluster of the Deputy 131
140140 Mayor for Planning and Economic Development. 132
141141 (b) The purpose of The Office is: 133
142142 (1) The development, construction, conversion, retention, operation, and 134
143143 maintenance of District-owned real property to generate permanently affordable, well-135 6
144144
145145 maintained mixed-income rental housing accommodations (“social housing developments”) that 136
146146 meet high environmental standards for District residents; 137
147147 (2) The conversion of District-owned land into social housing developments; and 138
148148 (3) The cultivation of street-level commercial tenant amenities that serve a public 139
149149 purpose at all properties developed by The Office pursuant to paragraphs (1) and (2) of this 140
150150 subsection where properties are zoned for mixed-use. 141
151151 (c) The Office shall be headed by a Director, who shall be appointed by the Mayor with 142
152152 the advice and consent of the Council pursuant to section 2(a) of the Confirmation Act of 1978, 143
153153 effective March 3, 1979 (D.C. Law 2-142; D.C. Official Code § 1-523.01(a)). 144
154154 (d)(1) The Mayor shall establish a board (“Board”) to govern the operations of The 145
155155 Office which shall consist of 9 residents of the District of Columbia with the following 146
156156 qualifications: 147
157157 (A) Two members shall have expertise in the financing or development of 148
158158 affordable housing for extremely low-income households; 149
159159 (B) One member shall have expertise in the management or operation of 150
160160 affordable housing for extremely low-income households; 151
161161 (C) Two members shall have expertise in housing law, legal services, or 152
162162 tenant organizing; and 153
163163 (D) Four members shall be elected by tenants of social housing 154
164164 developments to serve as tenant-representatives to the Board. 155
165165 (2) Board members shall serve three-year terms and vacancies shall be filled 156
166166 within 90 days of a board member departure. 157 7
167167
168168 (3) The Board shall establish bylaws to govern their operations, leadership, and 158
169169 meeting procedures. 159
170170 (4) With input from the Director, The Office and the social housing coordinating 160
171171 council established in section 103(b), The Board shall create key performance indicators and 161
172172 development goals for new social housing developments which shall be shared with the Council 162
173173 of the District of Columbia and with tenant association leadership board on an annual basis. 163
174174 (5) Board members shall participate in annual trainings related to: 164
175175 (A) The role of the governing body of a District office; 165
176176 (B) District government ethics; 166
177177 (C) Background on major District and federal housing programs and 167
178178 financing opportunities; and 168
179179 (D) Fair housing, reasonable accommodations, and non-discrimination. 169
180180 (6) Meeting of the Board shall be subject to the requirements of the Open 170
181181 Meetings Amendment Act of 2010, effective March 31, 2011 (D.C. Law 18-350; D.C. Official 171
182182 Code § 2-571 et seq.). 172
183183 (e)(1) The Mayor shall dedicate start-up funding for the Office which shall be sufficient 173
184184 for not less than 15 full-time employees, office space in a District government building, 174
185185 employee technology, and office supplies. 175
186186 (2) The District’s General Funds shall be used to supplement operational funding 176
187187 for The Office until such time as the Social Housing Development Fund established pursuant to 177
188188 section 104 is self-sustaining for purposes of paying staff salaries and Office operations utilizing 178
189189 not more than 3% rent cumulatively generated by tenants of social housing developments. 179 8
190190
191191 (f) Beginning, October 1, 2025, and annually through October 1, 2030, the Mayor shall 180
192192 dedicate not less than 10% of the Housing Production Trust Fund to the Office of Social Housing 181
193193 Development as a developer fee to carry out the duties of The Office as described in section 103. 182
194194 Sec. 103. Duties and Authority of the Office of Social Housing Development. 183
195195 (a) The duties of The Office shall be as follows: 184
196196 (1) Develop, manage, and maintain permanently affordable, mixed-income rental 185
197197 housing accommodations where tenant rent deposited into the Social Housing Development 186
198198 Fund established pursuant to section 104 of this title shall be used to fund some or all of the 187
199199 following purposes: 188
200200 (A) Property management of social housing developments, including any 189
201201 contracts for property management and related sub-contracted services; 190
202202 (B) Regular maintenance of social housing developments, including any 191
203203 contracts or sub-contracts for property maintenance, repair, or renovations; 192
204204 (C) Security personnel and systems at social housing developments, 193
205205 including any contracts for security services,; 194
206206 (D) Tenant association and tenant governance-related expenses required 195
207207 pursuant to Section 106 of this title; 196
208208 (E) Contractor training-related expenses required pursuant to Section 107 197
209209 of this title; and 198
210210 (F) Office of Social Housing Development overhead operations, provided 199
211211 that not more than 3% of rents deposited into the Social Housing Development Fund may be 200
212212 used to defray the following costs: 201
213213 (i) Employee salaries and benefits; 202 9
214214
215215 (ii) Government office space; 203
216216 (iii) Office supplies and devices; 204
217217 (iv) Website development, technology, and other IT services; and 205
218218 (v) Other reasonable expenses necessary to facilitate general Office 206
219219 operations; 207
220220 (2) Leverage rent revenue generated in excess of an amount necessary to cover 208
221221 expenses listed in paragraph (1) of this subsection for the following purposes: 209
222222 (A) Establishing capital and operating reserve funds which may be used to 210
223223 finance emergency maintenance or repairs, among other expenses; 211
224224 (B) Building real property social housing developments on District-owned 212
225225 land; 213
226226 (C) Acquiring new real property for the purpose of creating a social 214
227227 housing development; and 215
228228 (D) Renovating real property, including retrofitting properties to achieve 216
229229 compliance with Section 109 of this Act, for the purpose of developing social housing; 217
230230 (3) Develop and administer a centralized tenant application process to facilitate 218
231231 leasing at all social housing developments. The application process shall: 219
232232 (A) Be available online and as a paper copy at a centralized leasing office; 220
233233 (B) Use plain language and be made available in all languages requiredby 221
234234 section 4 of the Language Access Act of 2004, effective June 19, 2004 (D.C. Law 15-167; D.C. 222
235235 Official Code 2-1933); 223
236236 (C) Utilize best practices in application design to limit implicit bias in 224
237237 tenant selection and comply with all housing non-discrimination provisions set forth in The 225 10
238238
239239 Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; 31 D.C. Official Code 226
240240 § 2-1401.01 et seq.); 227
241241 (D) Not require an application or processing fee; and 228
242242 (E) Provide prospective tenants with regular updates on the status of their 229
243243 application; 230
244244 (4) Pursuant to The Rental Housing Conversion and Sale Act of 1980, effective 231
245245 September 10, 1980 (D.C. Law 3-86; D.C. Official Code § 42-3401 et seq.), convert privately-232
246246 owned real property into social housing developments utilizing for following provisions: 233
247247 (A) The Tenant Opportunity to Purchase Act (“TOPA”) of 1980 when 234
248248 tenant organizations elect to assign TOPA rights to the District under section 406 of the Act 235
249249 (D.C. Official Code § 42-3404.06); or 236
250250 (B) The District’s Opportunity to Purchase Amendment Act of 2008, 237
251251 effective December 24, 2008 (D.C. Law 17-286; D.C. Official Code § 42-3404.31 et seq) 238
252252 (“DOPA”); 239
253253 (5) Apply for federal, local, or private government grants and loans including the 240
254254 Housing Production Trust Fund, the Green Finance Authority, and the Affordable Housing 241
255255 Preservation Fund, and use the proceeds thereof to acquire, develop, and preserve mixed-income, 242
256256 permanently affordable social housing developments; provided, that the Office shall not borrow 243
257257 any funds or incur any loans or other indebtedness unless such indebtedness has been authorized 244
258258 in advance by an act of the Council and evidenced by a revenue bond, note, or obligation issued 245
259259 pursuant to paragraph (6) of this subsection or other District law; 246
260260 (6) Request the Council to authorize by act in accordance with section 490(a)(1) 247
261261 of the Home Rule Act, effective December 24, 1973 (87 Stat. 809; D.C. Official Code 248 11
262262
263263 § 1-204.90(a)(1)), the issuance of revenue bonds, notes, or other obligations to finance capital 249
264264 projects or undertakings relating to social housing, with all such obligations payable solely from 250
265265 and secured solely by the pledged revenues of the Office; provided, that no real property shall be 251
266266 mortgaged or pledged as security for such obligations; 252
267267 (7) Possess an ownership interest in an entity formed for the purpose of financing 253
268268 a capital project related to housing with federal tax credits such as Low-Income Housing Tax 254
269269 Credits and New Markets Tax Credits; 255
270270 (8)(A) Hire and supervise, with the advice and consent of tenant association 256
271271 leadership boards, property management, including management provided through a contracted 257
272272 company, to oversee the day-to-day operations of social housing developments owned by The 258
273273 Office. 259
274274 (B)The Office may provide or contract for maintenance, security, or other 260
275275 services at social housing developments if such services are not facilitated through property 261
276276 management. 262
277277 (9) Enter into contracts and facilitate relationships necessary to carry out training 263
278278 requirements pursuant to sections 106 and 107 of this title; 264
279279 (10) Execute ground lease agreements for street-level commercial space, except 265
280280 where prohibited by zoning regulations, to provide community amenities for a public purpose 266
281281 pursuant to Section 108; and 267
282282 (11) Enter into an agreement with the Office of the Chief Technology Officer to 268
283283 provide for free DC Wifi connectivity and access at all social housing developments. 269 12
284284
285285 (b)(1) The Director of the Office of Social Housing Development shall establish and 270
286286 sustain a social housing coordinating council to support the creation, maintenance, and tenant 271
287287 governance of social housing developments. 272
288288 (2) The social housing coordinating council shall include representatives of: 273
289289 (A) District government housing agencies; 274
290290 (B) Non-profit housing developers and providers; 275
291291 (C) Local tenant rights organizations; 276
292292 (D) Each social housing development tenant association leadership board; 277
293293 (E) Social housing developments who do not currently serve on the tenant 278
294294 association leadership board of their property; and 279
295295 (F) Local green building and environmental justice organizations. 280
296296 (3) The coordinating council shall meet not less than bi-monthly and meetings 281
297297 shall be publicized to all social housing tenants. 282
298298 (4) Meeting of the social housing coordinating council shall be subject to 283
299299 the requirements of the Open Meetings Amendment Act of 2010, effective March 31, 2011 (D.C. 284
300300 Law 18-350; D.C. Official Code § 2-571 et seq.) 285
301301 Sec. 104. Social Housing Development Fund. 286
302302 (a) There is established as a special fund the Social Housing Development Fund 287
303303 ("Fund"), which shall be administered by The Office of Social Housing Development. The 288
304304 purpose of the Fund is to: 289
305305 (1) Finance the creation of social housing developments; 290 13
306306
307307 (2) Manage federal, local, or private government grants, loans, and bonds 291
308308 received to pay or finance costs of constructing, designing, developing, acquiring, renovating, or 292
309309 equipping capital facilities of social housing developments; 293
310310 (3) Collect and manage rent from residential and commercial or institutional 294
311311 tenants of social housing developments; 295
312312 (4) Pay for services related to tenant governance and property management 296
313313 pursuant to sections 106 and 107 of this Act; 297
314314 (5) Pay for administrative costs of the Office of Social Housing Development, 298
315315 provided that not more than 3% of rents collected pursuant to paragraph (3) of this subsection 299
316316 may be used to defray these costs; and 300
317317 (6) Establish and manage capital and operating reserves to carry out fiduciary 301
318318 responsibilities of the Office. 302
319319 (b) Monies obtained pursuant to subsection (a) of this section shall be deposited into the 303
320320 Fund and shall not revert to the unassigned fund balance of the General Fund of the District of 304
321321 Columbia at the end of a fiscal year, nor be diverted to any fund of the District at any other time. 305
322322 The Office may create accounts within the Fund. 306
323323 Sec. 105. Residential Characteristics of Social Housing Developments. 307
324324 (a) Except as provided in subsection (b) of this section, when the Office of Social 308
325325 Housing Development develops real property, the building’s residential development shall 309
326326 include the following: 310
327327 (1) Not less than 30% of apartment units constructed with three, or more, 311
328328 bedrooms; 312
329329 (2) Not less than 30% of apartment units constructed with two bedrooms; 313 14
330330
331331 (3) Universal design standards; and 314
332332 (4) When street-level commercial office space is not available, one, or more, 315
333333 apartment units shall be designed and dedicated as office space for providers of case 316
334334 management or counseling services associated with District housing and economic security 317
335335 programs. 318
336336 (b)(1) When the Office of Social Housing Development acquires real property through a 319
337337 TOPA or DOPA process pursuant to The Rental Housing Conversion and Sale Act of 1980, 320
338338 effective September 10, 1980 (D.C. Law 3-86; D.C. Official Code § 42-3401.01 et seq.), at such 321
339339 time when the building requires a substantial renovation, the Office shall produce a renovation 322
340340 plan to generate redevelopment of multi-bedroom units in an amount equal to or greater than the 323
341341 number of multi-bedroom units in the existing building. 324
342342 (2) The Office shall guarantee a right to return to all tenants who wish to move 325
343343 back to a renovated property. 326
344344 (3) The Office shall engage the tenant association leadership board in 327
345345 redevelopment planning processes to ensure the right to return and equitable development of 328
346346 multi-bedroom units is achieved through renovations. 329
347347 (c) Except as provided in subsection (d) of this section, when the Office of Social 330
348348 Housing Development develops real property, each social housing development shall initially 331
349349 rent apartment units according to the following distribution: 332
350350 (1) Not less than 30% of tenant households shall, at the time of application, be 333
351351 considered extremely low-income; 334
352352 (2) Not less than 30% of tenant households shall, at the time of application, be 335
353353 considered very low or low income; and 336 15
354354
355355 (3) Not more than 40% of units shall be leased to households who shall agree to 337
356356 pay a fair market value in monthly rent. 338
357357 (d) When the Office of Social Housing Development acquires real property through a 339
358358 TOPA or DOPA process pursuant to The Rental Housing Conversion and Sale Act of 1980, 340
359359 effective September 10, 1980 (D.C. Law 3-86; D.C. Official Code § 42-3401.01 et seq.), new 341
360360 rents shall be set according to annual household income such that no tenant household is paying 342
361361 more than 30% of their income in rent. 343
362362 (e) When a tenant moves out of a social housing development, the Office shall fill the 344
363363 vacant unit according to the distribution requirements and housing preference bonus 345
364364 considerations set forth in subsections (c)(1)-(3) and (f) of this section. 346
365365 (f) In evaluating tenant applications for social housing units, the Office shall assign a 347
366366 25% housing preference bonus to prospective tenants who, at the time of application, are 348
367367 employed or are beginning employment in one of the following professional sectors: 349
368368 (1) Education, including early childhood education, Pre-kindergarten to 12
369369 th
370370 grade 350
371371 instruction, higher education, out-of-school time programming, and educational administration; 351
372372 (2) Health, including nursing, mental health care, home health assistance, and 352
373373 emergency medical services; or 353
374374 (3) Case management or direct service professions. 354
375375 (g)(1) A tenant of a social housing development property who, at the time of their initial 355
376376 lease agreement, is considered extremely-, very-, or low-income, shall never pay more than 30% 356
377377 of their monthly income in rent. 357
378378 (2) the Office of Social Housing Development shall certify a tenant’s household 358
379379 income on an annual basis to determine their monthly rent rate; 359 16
380380
381381 (3) If a tenant’s income is reduced or disrupted mid-year, a tenant may present 360
382382 their situation to The Office to request a temporary reduction in rent to match 30% of their new 361
383383 income level until the time of annual recertification, provided that a rent adjustment shall not be 362
384384 granted below $250 per month. 363
385385 (h) The Office of Social Housing Development shall not increase residential rent: 364
386386 (1) More than once annually; 365
387387 (2) Without 60-days advance written notice; or 366
388388 (3) More than the average of the Consumer Price Index for the Washington-367
389389 Baltimore Metropolitan Statistical Area for all-urban consumers published by the Department of 368
390390 Labor, or any successor index, as of the close of the 12-month period ending on November 30 of 369
391391 such year. 370
392392 Sec. 106. Tenant Governance and Rights. 371
393393 (a) The Office of Social Housing Development and the Coordinating Council shall 372
394394 support the tenants of all District social housing developments to establish and maintain tenant 373
395395 association leadership boards to represent the best interests of residents living at each respective 374
396396 social housing property. 375
397397 (b) Tenant association leadership boards shall be responsible for the following duties at 376
398398 each social housing development property: 377
399399 (1) Establish tenant association by-laws and a process by which residents will 378
400400 elect leadership which is representative of the full population of tenants at the property; 379
401401 (2) Establish and maintain community rules and expectations; 380
402402 (3) Review Office of Social Housing Development contract agreements, when 381
403403 applicable, and provide ongoing feedback related to property management; 382 17
404404
405405 (4) Advocate on behalf of tenants for improved property management, when 383
406406 necessary; 384
407407 (5) Initiate a process with The Office to procure a new contract for building 385
408408 management if a majority of the tenant association leadership board finds a current company’s 386
409409 performance unsatisfactory; 387
410410 (6) Conduct tenant association feedback processes to determine community needs 388
411411 and preferences related to a social housing development’s leasable street-level commercial or 389
412412 institutional space; and 390
413413 (7) Manage a budget for community-building and other initiatives that advance 391
414414 the mission of the tenant association. 392
415415 (c) Tenant association leadership board meetings shall: 393
416416 (1) Be open to all tenant residents to attend; 394
417417 (2) Be publicized, in matters determined by the tenant association leadership 395
418418 board, at least 3 business days in advance of each meeting; 396
419419 (3) Produce for tenants the Office copies of notes or recordings within one week 397
420420 of each meeting; 398
421421 (4) Record all discussions and votes related to the initiation of a new contract for 399
422422 property management services; and 400
423423 (5) Arrange for translation services upon request. 401
424424 (d)(1) Tenant association leadership boards shall receive annual trainings, arranged by 402
425425 The Office of Social Housing Development, in residential property management and board 403
426426 governance. 404 18
427427
428428 (2) The Office shall facilitate a relationship between each social housing 405
429429 development and the Office of Tenant Advocate and the Office of Tenant Advocate shall serve 406
430430 as a primary tenant-rights resource for tenants of the development. 407
431431 (3) Tenant association leadership boards may use board-managed funds to seek 408
432432 support or technical assistance from non-governmental housing law, tenant organizing, or other 409
433433 expert resources to exercise their rights and execute their duties. 410
434434 (e)(1) Pursuant to subsection (b)(7) of this section, tenant association leadership boards 411
435435 shall be provided with a budget equivalent to 1.5% of the cumulative annual rent collected at 412
436436 their respective social housing development properties. 413
437437 (2) the Office of Social Housing Development shall establish and facilitate access 414
438438 to bank accounts for tenant association leadership boards for each property. 415
439439 (f)(1) All tenants of social housing shall be afforded opportunities for restorative justice 416
440440 conflict resolution when conflict or harm arise between tenants or between a tenant and the 417
441441 Office of Social Housing Development or any entities contracted by The Office to work with a 418
442442 social housing property. 419
443443 (2) The Office of Social Housing Development shall facilitate a relationship with 420
444444 organizations or consultants to provide annual restorative justice training on conflict resolution; 421
445445 training shall be made available to all tenants of social housing developments. 422
446446 (g)(1) The Office of Social Housing Development shall provide notice to all tenants of 423
447447 their right to apply for Emergency Rental Assistance to cure rental arrears if they meet the 424
448448 qualifications of Section 8f of the Homeless Services Reform Act of 2005, effective October 22, 425
449449 2005 (D.C. Law 16-35; D.C. Official Code § 4-753.08). 426 19
450450
451451 (2) Notice shall be posted publicly in a property’s common area and provided to 427
452452 tenants: 428
453453 (A) In writing, electronically or printed, at the time the property manager 429
454454 or The Office learns of a tenant’s inability to pay rent, and there shall be a rebuttable 430
455455 presumption that failure to pay rent by the property’s prescribed monthly deadline constitutes a 431
456456 tenant’s inability to pay rent that month; 432
457457 (B) In the language the property manager or The Office know to be the 433
458458 tenant’s primary language; and 434
459459 (C) 60 days or more before the Office moves to initiate an eviction 435
460460 proceeding on account of nonpayment of rent. 436
461461 (3) Notice shall include contact information for the Department of Human 437
462462 Services and the Landlord-Tenant Legal Assistance Network. 438
463463 (h)(1) The Office of Social Housing Development shall work with tenant association 439
464464 leadership boards and property management companies to produce biannual reports on each 440
465465 development’s finances, expenditures, revenues, unit vacancy and turnover rates, maintenance 441
466466 and security contracts, property repairs executed and needs, projected rent adjustments, 442
467467 commercial tenant agreements, and other major property management issues identified tenant 443
468468 association leadership boards. 444
469469 (2) The report shall be provided electronically to all tenants and posted on the 445
470470 website of The Office . 446
471471 (3) A tenant may request a report copy be provided to them as a paper copy. 447
472472 Sec. 107. Responsibilities of Social Housing Property Management. 448
473473 (a) The Office of Social Housing Development may: 449 20
474474
475475 (1) Establish a division in their Office to serve as the onsite manager of day-to-450
476476 day operations of social housing properties; or 451
477477 (2) Contract with a private company to provide day-to-day property management 452
478478 operations at one or multiple social housing properties. 453
479479 (b) Providing day-to-day property management operations shall include: 454
480480 (1) Monitoring building operations and communicating updates to tenants 455
481481 including establishing a process to receive regular tenant and tenant association leadership board 456
482482 feedback on building operations; 457
483483 (2) Ensuring proactive building maintenance and timely unit repairs, including: 458
484484 (A) Responding, in writing, to a tenant maintenance complaint or repair 459
485485 request not later than two business days after a tenant files a complaint or request; 460
486486 (B) Making a reasonable effort to complete all maintenance and repair 461
487487 requests within one week of receiving the request; and 462
488488 (C) Providing a tenant a weekly status update on how an issue is being 463
489489 resolved, if the issue remains unresolved after one week; 464
490490 (3) Accurately collecting rent on behalf of the Office of Social Housing 465
491491 Development Fund which shall transferred to The Fund in a timely manner; 466
492492 (4) Providing or executing contracts with vendors for the following services: 467
493493 (A) Regular cleaning services for building common areas; 468
494494 (B) Regular maintenance for building upkeep and pest management; 469
495495 (C) Emergency maintenance and construction repairs; 470
496496 (D) Trash, recycling, compost, and other waste removal services; 471
497497 (E) Security personnel and systems; and 472 21
498498
499499 (F) Landscaping services; 473
500500 (5) Entering agreements with and making payments to utility providers for in-unit 474
501501 and common space utility usage per social housing development property; and 475
502502 (6) Facilitating restorative justice conflict resolution processes when a dispute 476
503503 arises between a tenant or tenants and the property manager or any vendor contracted by 477
504504 property management. 478
505505 (c)(1) When a contract is executed with a private company to provide property 479
506506 management, The Office shall require all company employees who will be working at or with 480
507507 social housing properties to: 481
508508 (A) Participate in implicit bias and anti-racism training; and 482
509509 (B) Participate in restorative justice conflict resolution training. 483
510510 (2) Employees working at or with social housing properties shall participate in 484
511511 trainings annually, including attending trainings within two months of beginning a job with a 485
512512 social housing property. 486
513513 (3) The Office shall arrange for and fund anti-bias and conflict resolution 487
514514 trainings. 488
515515 Sec. 108. Community Amenities for a Public Purpose at Social Housing Developments. 489
516516 (a)(1) Except as provided in paragraph (2), when constructing a new building as a social 490
517517 housing development, the Office of Social Housing Development shall set aside not less than 491
518518 50% of the street-level floorplan as commercial space to meet a public purpose. 492
519519 (2) The requirement set forth in paragraph (1) may be waived if a new property is 493
520520 not being constructed in a location zoned for mixed-use and no zoning adjustments will be 494
521521 pursued by the Office. 495 22
522522
523523 (b) When the Office of Social Housing Development acquires real property through a 496
524524 TOPA or DOPA process pursuant to The Rental Housing Conversion and Sale Act of 1980, 497
525525 effective September 10, 1980 (D.C. Law 3-86; D.C. Official Code § 42-3401.01 et seq.) and a 498
526526 previous building structure included street-level commercial space, the Office of Social Housing 499
527527 Development shall preserve not less than 75% of pre-existing commercial space for community 500
528528 amenities that meet a public purpose. 501
529529 (c) Community amenities that meet a public purpose include: 502
530530 (1) Libraries; 503
531531 (2) Community or recreation centers; 504
532532 (3) Grocery stores or healthy food markets; 505
533533 (4) Child development facilities, out-of-school time programs, or other 506
534534 educational entities; 507
535535 (5) Health clinics or other public health and wellness-related services; 508
536536 (6) Career development and job training services; 509
537537 (7) Non-profit offices or programs; 510
538538 (8) Small-business or artistic community incubators; 511
539539 (9) Flexible meeting rooms or office space for: 512
540540 (A) Neighborhood organizations such as Advisory Neighborhood 513
541541 Committees or civic associations; 514
542542 (B) “Pop-up” programming that meets community needs identified by 515
543543 tenants of a social housing development; or 516
544544 (C) Case management services affiliated with District government housing 517
545545 and economic security programs; and 518 23
546546
547547 (10) Businesses that advance environmental causes. 519
548548 (d)(1) Lessees or renters of ground-floor commercial space may be the District 520
549549 government, non-profit entities, or private businesses. 521
550550 (2) When leasing ground-floor commercial space to non-governmental entities, 522
551551 the Office of Social Housing Development shall charge rents at not more than 80% of fair market 523
552552 rental rates for comparable neighborhood street-level retail space. 524
553553 (3) The Office shall not raise rents for commercial lessees more than once in a 525
554554 two-year period. 526
555555 (4) When adjusting rental rates or renegotiating a lease with an existing street-527
556556 level retail tenant, the Office shall not raise rent above the average of the Consumer Price Index 528
557557 for the Washington-Baltimore Metropolitan Statistical Area for all-urban consumers published 529
558558 by the Department of Labor, or any successor index, as of the close of the 12-month period 530
559559 ending on November 30 of such year. . 531
560560 (5) A new lessee for street-level commercial space in a social housing 532
561561 development shall not be charged more than 5% more than a previous lessee. 533
562562 (f)(1) The Department of General Services shall facilitate property maintenance and 534
563563 security for any government facilities or services operating or co-locating at a social housing 535
564564 development. 536
565565 (2) The Office of Social Housing Development or their contracted property 537
566566 manager shall execute maintenance contracts necessary for regular and emergency maintenance 538
567567 needs of non-governmental street-level commercial space lessees. 539
568568 (3) Storefront security systems, such as alarms, CCTV cameras, door lock 540
569569 protocols, and retail product security, shall be the responsibility of non-governmental street-level 541 24
570570
571571 commercial lessees operating at a social housing development. These responsibilities shall not 542
572572 dimmish the requirement of the Office or their contracted property manager to provide or 543
573573 procure contracts for security personnel and systems for the social housing development 544
574574 complex. 545
575575 Sec. 109. Environmental Standards at Social Housing Developments. 546
576576 (a) When constructed or renovated, social housing developments shall meet high 547
577577 environmental standards, including: 548
578578 (1) Net-zero emissions, including no energy from combustion or any sources that 549
579579 emit greenhouse gases; 550
580580 (2) High-efficiency, all-electric heating and cooling systems; 551
581581 (3) Energy-efficient or high-efficiency appliances, windows, and lights in all 552
582582 apartment units and common spaces; 553
583583 (4) On-site solar energy production to the maximum extent practicable, including 554
584584 using the District’s solar installation program and employing labor through the District’s solar 555
585585 installation workforce training programs; 556
586586 (5) Eco-friendly landscape architecture, including green walls and green roofs, to 557
587587 maximize natural cooling; 558
588588 (6) Low-flow toilets, smart shower and washing machine technologies, and rain 559
589589 capture and recycling techniques to reduce water waste; 560
590590 (7) On-site composting services; 561
591591 (8) On-site electric vehicle and electric bike charging ports that are accessible to 562
592592 tenants and to the public; 563 25
593593
594594 (9) Indoor facilities to lock and store bicycles and other personal mobility devices; 564
595595 and 565
596596 (10) To the extent that on-site parking is developed or available at a social 566
597597 housing development, not less than 20% of parking spaces shall be reserved for agreements with 567
598598 car-sharing services. 568
599599 (b) Social housing developments shall not include the following: 569
600600 (1) Natural gas for heating, hot water, or cooking; or 570
601601 (2) Off-street parking in excess of zoning regulations. 571
602602 Sec. 110. Labor Standards and Employment Generation for Social Housing. 572
603603 (a) Social housing developments shall be developed in compliance with federal and 573
604604 District law, including: 574
605605 (1) Procurement laws pursuant to Subchapter VI of Chapter 3A of Title 2; 575
606606 (2) First source employment laws pursuant to Subchapter X of Chapter 2 of Title 576
607607 2; 577
608608 (3) Small and local business enterprise development laws pursuant to Subchapter 578
609609 IX-A of Chapter 2 of Title 2; 579
610610 (4) Clean Hands requirements pursuant to Subchapter II of Chapter 28 of Title 47; 580
611611 (5) Whistleblower protections pursuant to Subchapter XII of Chapter 2 of Title 2; 581
612612 and 582
613613 (6) Prevailing wage requirements pursuant to the Davis-Bacon Act of 1931, 583
614614 approved March 3, 1931 (46 Stat. 1494; 40 U.S.C. § 3141 et seq.). 584
615615 (b)(1) In order to advance the Office of Social Housing Development’s authority to 585
616616 manage social housing properties established under section 107(a)(1), the Office may develop a 586 26
617617
618618 job training program for professions related to property management, including day-to-day 587
619619 building operations, maintenance, and security services. 588
620620 (2) To the extent practicable, the Office of Social Housing Development shall hire 589
621621 tenants to work the following jobs at properties under the Office’s management: 590
622622 (A) Front desk attendants and site managers; 591
623623 (B) Leasing office associates; 592
624624 (C) Security; 593
625625 (D) Property maintenance and repair; and 594
626626 (E) Landscape management and groundskeeping. 595
627627 (c) When The Office procures a contract related to the development, construction, or 596
628628 operation of social housing, the Office shall assign the equivalent of a 25% preference bonus for 597
629629 companies whose workforce is unionized or who subcontract for union labor. 598
630630 Sec. 111. Rules. 599
631631 The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure Act, 600
632632 approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall issue rules 601
633633 to implement the provisions of this title. 602
634634 603
635635 Title II: CONFORMING AMENDMENTS. 604
636636 Sec. 201. Section 301(q) of the District of Columbia Government Comprehensive Merit 605
637637 Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-606
638638 603.01(17)), is amended as follows: 607
639639 (a) Paragraph (56) is amended by striking the word "and" at the end. 608 27
640640
641641 (b) Paragraph (57) is amended by striking the phrase "District of Columbia Public 609
642642 Schools." and inserting the phrase "District of Columbia Public Schools; and" in its place. 610
643643 (c) A new paragraph (58) is added to read as follows: 611
644644 "(58) Office of Social Housing Development.". 612
645645 Sec. 202. Section 301(b) of the Green Finance Authority Establishment Act of 2018, 613
646646 effective August 22, 2018 (D.C. Law 22-155; D.C. Official Code § 8-173.31(b)) is amended by 614
647647 striking the period and inserting the phrase “including Social Housing Development as defined 615
648648 pursuant to Title I of the Green New Deal for Housing Amendment Act of 2023, introduced 616
649649 March __, 2023 (B25-___).” 617
650650 Sec. 203. Section 1(a-1)(2)(A) of An Act Authorizing the sale of certain real estate in the 618
651651 District of Columbia no longer required for public purposes, approved August 5, 1939 (53 Stat. 619
652652 1211; D.C. Official Code § 10-801(a-1)(2)(A)), is amended to read as follows: 620
653653 “(A) Whether the real property could have any use by the District, 621
654654 including: 622
655655 “(i) A description of the District’s current needs for real property, 623
656656 “(ii) A description of potential public uses considered by the 624
657657 Mayor, 625
658658 “(iii) The square footage of green space on the real property, 626
659659 “(iv) A narrative explaining why the real property is unsuited for 627
660660 each public use considered; and 628
661661 “(v) If the property is being disposed of in order to provide 629
662662 affordable housing, a justification and mathematical assessment such as a pro forma for why the 630
663663 proposed disposition will result in more permanently affordable housing for extremely low- and 631 28
664664
665665 very low-income households than would be created if the property were converted into a social 632
666666 housing development as defined pursuant to Title I of the Green New Deal for Housing 633
667667 Amendment Act of 2023, introduced March __, 2023 (B25-___).”. 634
668668 Sec. 204. The Housing Production Trust Fund Act of 1988, effective March 16, 1989 635
669669 (D.C. Law 7-202; D.C. Official Code § 42-2801 et seq.), is amended as follows: 636
670670 (a) Section 2 (D.C. Official Code § 42–2801) is amended by adding a new paragraph (13) 637
671671 to read as follows: 638
672672 “(13) “Social Housing Development” shall have the same meaning as section 639
673673 101(15) of the Green New Deal for Housing Amendment Act of 2023, introduced March __, 640
674674 2023 (B25-___).”.. 641
675675 (b) Section 3(b) (D.C. Official Code § 42–2802(b)) is amended by adding a new 642
676676 paragraph (12) to read as follows: 643
677677 “(12) Funds for the Office of Social Housing Development to acquire, develop, or 644
678678 preserve a social housing development.” 645
679679 Sec. 205. The Rental Housing Conversion and Sale Act of 1980, effective September 10, 646
680680 1980 (D.C. Law 3-86; D.C. Official Code § 42-3404 et seq.), is amended as follows: 647
681681 (a) Section 406 (D.C. Official Code § 42–3404.06) is amended by striking the phrase “or 648
682682 governmental.” and inserting the phrase “or governmental, including to the District Office of 649
683683 Social Housing Development established pursuant to Title I of the Green New Deal for Housing 650
684684 Amendment Act of 2023, introduced March __, 2023 (B25-___).” in its place. 651
685685 (b) Section 431 (D. C. Official Code § 42–3404.31) is amended by adding a new 652
686686 subsection (b-1) to read as follows: 653 29
687687
688688 “(b-1) If the Mayor assigns the District’s purchasing rights pursuant to § 42-3404.36, 654
689689 they must first issue a justification and mathematical assessment such as a pro forma for why 655
690690 doing so will create more permanently affordable housing for extremely low- and very low-656
691691 income households than converting it into a social housing development as defined pursuant to 657
692692 Title I of the Green New Deal for Housing Amendment Act of 2023, introduced March __, 2023 658
693693 (B25-___).”. 659
694694 660
695695 TITLE III. FISCAL IMPACT STATEMENT; APPLICABILITY; EFFECTIVE DATE. 661
696696 Sec. 301. Applicability. 662
697697 (a) This act shall apply upon the date of inclusion of its fiscal effect in an approved 663
698698 budget and financial plan. 664
699699 (b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in 665
700700 an approved budget and financial plan, and provide notice to the Budget Director of the Council 666
701701 of the certification. 667
702702 (c)(1) The Budget Director shall cause the notice of the certification to be published in 668
703703 the District of Columbia Register. 669
704704 (2) The date of publication of the notice of the certification shall not affect the 670
705705 applicability of this act. 671
706706 Sec. 302. Fiscal impact statement. 672
707707 The Council adopts the fiscal impact statement in the committee report as the fiscal 673
708708 impact statement required by section 4a of the General Legislative Procedures Act of 1975, 674
709709 approved October 16, 2006 (120 Stat. 2038; D.C. Official Code§ 1-301.47a). 675
710710 Sec. 303. Effective date. 676 30
711711
712712 This act shall take effect following approval by the Mayor (or in the event of veto by the 677
713713 Mayor, action by the Council to override the veto), a 30-day period of congressional review as 678
714714 provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 679
715715 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 680
716716 Columbia Register. 681