ENGROSSED ORIGINAL 1 A BILL 1 2 24-441 3 4 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 5 6 ____________________ 7 8 9 To amend, on a temporary basis, the District of Columbia Housing Authority Act of 1999 to 10 establish a temporary Stabilization and Reform Board to govern the District of Columbia 11 Housing Authority (“DCHA”) and to require that the Board and the Executive Director of 12 DCHA take specific actions to reform and revitalize the operations of DCHA. 13 14 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 15 Act may be cited as the “District of Columbia Housing Authority Stabilization and Reform 16 Temporary Amendment Act of 2023”. 17 Sec. 2. The District of Columbia Housing Authority Act of 1999, effective May 9, 2000 18 (D.C. Law 13-105; D.C. Official Code § 6-201 et seq.), is amended as follows: 19 (a) Section 2 (D.C. Official Code § 6-201) is amended as follows: 20 (1) Paragraph (6) is amended by striking the phrase “Board of Commissioners” 21 and inserting the phrase “Stabilization and Reform Board” in its place. 22 (2) Paragraph (12) is repealed. 23 (3) A new paragraph (17A) is added to read as follows: 24 “(17A) “Dwelling unit” means any room or group of rooms located within a 25 residential or mixed-use building and forming a single unit that is used or intended to be used for 26 living, sleeping, and the preparation and eating of meals.”. 27 ENGROSSED ORIGINAL 2 (b) Section 10(h) (D.C. Official Code § 6-209(h)) is amended as follows: 28 (1) Strike the phrase “or Commissioner of the Authority” and insert the phrase 29 “member of the Board, or member of the former Board of Commissioners” in its place. 30 (2) Strike the phrase “a Commissioner” and insert the phrase “a member of the 31 Board, member of the former Board of Commissioners,” in its place. 32 (c) New sections 11a, 11b, and 11c are added to read as follows: 33 “Sec. 11a. Stabilization and Reform Board. 34 “(a) The Authority shall, from and after the date set forth in subsection (i) of this section, 35 be governed by a Stabilization and Reform Board, which shall consist of the following members: 36 “(1) The following 9 voting members, each of whom shall be a resident of the 37 District: 38 “(A) One member with experience in housing development or operations; 39 “(B) One member with experience in affordable housing development, 40 operations, or finance; 41 “(C) One member with knowledge of federal housing law and regulation; 42 “(D) One member with experience in capital project financing; 43 “(E) One member who is a resident of a property owned, operated, and 44 managed by the Authority; 45 “(F) One member with experience as a voucher holder; 46 ENGROSSED ORIGINAL 3 “(G) The current Executive Director of the Interagency Council on 47 Homelessness; 48 “(H) The Director of the District’s Office of Budget and Performance 49 Management; and 50 “(I) One member with experience in government procurement; 51 “(2) The Chief Financial Officer, or a designee of the Chief Financial Officer who 52 is an employee of the Office of the Chief Financial Officer, who shall serve as a non-voting 53 member; and 54 “(3) The President of the City-Wide Resident Advisory Board, who shall serve as 55 a non-voting member. 56 “(b)(1) Except as provided in paragraph (2) of this subsection and subsections (c) and 57 (f)(1) of this section, each member of the Stabilization and Reform Board shall be appointed by 58 the Mayor, with the advice and consent of the Council pursuant to section 2(e) of the 59 Confirmation Act of 1978, effective March 3, 1979 (D.C. Law 2-142; D.C. Official Code § 1-60 523.01(e)). 61 “(2) The Director of the District’s Office of Budget and Performance 62 Management and the Chief Financial Officer, or the Chief Financial Officer’s designee, shall 63 serve as members of the Stabilization and Reform Board by virtue of their incumbency in the 64 position of Director of the District’s Office of Budget and Performance Management and Chief 65 Financial Officer or employee of the Office of the Chief Financial Officer. 66 ENGROSSED ORIGINAL 4 “(c) Notwithstanding subsection (b) of this section, the Mayor may appoint the following 67 individuals to the Stabilization and Reform Board without the advice and consent of the Council 68 pursuant to section 2(e) of the Confirmation Act of 1978, effective March 3, 1979 (D.C. Law 2-69 142; D.C. Official Code § 1-523.01(e)): 70 “(1) Raymond A. Skinner, to fill the Board seat described in subsection (a)(1)(A) 71 of this section and to serve as chairperson of the Stabilization and Reform Board; 72 “(2) James M. Dickerson, to fill the Board seat described in subsection (a)(1)(B) 73 of this section; 74 “(3) Christopher Murphy, to fill the Board seat described in subsection (a)(1)(C) 75 of this section; 76 “(4) Melissa Lee, to fill the Board seat described in subsection (a)(1)(D) of this 77 section; 78 “(5) Denise Blackson, to the fill the Board sear described in subsection (a)(1)(E) 79 of this section; 80 “(6) Ronnie Harris, to fill the Board seat described in subsection (a)(1)(F) of this 81 section; 82 “(7) Theresa Silla, to fill the Board seat described in subsection (a)(1)(G) of this 83 section; and 84 “(8) Katrina D. Jones, to fill the Board seat described in subsection (a)(1)(I) of 85 this section. 86 ENGROSSED ORIGINAL 5 “(d) The members of the Stabilization and Reform Board referred to in subsection 87 (a)(1)(A) through (I) of this section shall each serve for one term of 2 years or until the Board 88 sunsets; provided, that each such member may continue to serve until a successor board assumes 89 the responsibilities of the Stabilization and Reform Board; provided further, that in the event of a 90 vacancy in the seat of such a member of the Board, the Mayor may appoint a member, pursuant 91 to subsection (b)(1) of this section, to serve the remainder of the unexpired term or until a 92 successor board assumes the responsibilities of the Stabilization and Reform Board. 93 “(e) Upon a vacancy in the position chairperson of the Stabilization and Reform Board, 94 the Mayor shall designate a chairperson from among the members of the Stabilization and 95 Reform Board referred to in subsection (a)(1)(A) through (I) of this section. 96 “(f)(1) Upon a vacancy of any seat of the Stabilization and Reform Board, the Mayor 97 shall nominate a replacement who meets the qualifications of the vacant seat pursuant to 98 subsection (a)(1) of this section; provided, that this shall not apply to the seat established by 99 subsection (a)(1)(A) of this section. If the seat established by subsection (a)(1)(A) of this section 100 becomes vacant, the Council shall appoint a successor. 101 “(2) A Mayoral nomination shall be submitted to the Council pursuant to 102 subsection (b)(1) of this section. 103 “(g)(1) The Stabilization and Reform Board shall meet at least 10 times per year. All 104 meetings of the Stabilization and Reform Board shall be open to the public, except as may 105 ENGROSSED ORIGINAL 6 otherwise be authorized by the Open Meetings Act, effective March 31, 2011 (D.C. Law 18-350; 106 D.C. Official Code § 2-571 et seq.). 107 “(2) All regular meetings of the Board must be publicized through a notice, 108 published in the District of Columbia Register one week prior to the meeting that contains the 109 date, time, and location of the meeting. 110 “(3) Each regular meeting shall provide for a period of public comments, which 111 shall not be limited in time, except that the time allowed for each individual speaker may be 112 reasonably limited. 113 “(h) For the purposes of taking any official action, a quorum of the Stabilization and 114 Reform Board shall consist of 5 members 115 “(i) The Stabilization and Reform Board established by this section shall assume 116 authority from the Board of Commissioners established by section 12, and the Board of 117 Commissioners shall be dissolved, upon the swearing in of at least 5 members of the 118 Stabilization and Reform Board. 119 “(j) The Authority shall provide to the Stabilization and Reform Board at least 2 full-time 120 employees who are qualified to provide legal and policy research as requested by members of the 121 Board. Except as otherwise provided by law, a full-time employee provided to the Board 122 pursuant to this subsection shall not share with employees of the Authority information about 123 research performed for a Board member, unless the member of the Board authorizes sharing of 124 information. 125 ENGROSSED ORIGINAL 7 “Sec. 11b. Reform activities. 126 “(a) Within 15 days after the end of each calendar quarter, the Executive Director shall, 127 after submission to the Stabilization and Reform Board and the City-Wide Resident Advisory 128 Board, submit a report to the Mayor and the Council that describes the progress of the Authority 129 in: 130 “(1) Addressing and remediating the issues identified by the U.S. Department of 131 Housing and Urban Development in its 2022 assessment of the Authority (the “HUD DC001 132 Assessment”); 133 “(2) Developing and implementing a plan to expedite the leasing of dwelling units 134 owned, operated, or managed by the Authority; 135 “(3) Identifying individual dwelling units within Housing Properties of the 136 Authority that are in a substandard condition and improving the condition of such units to a state 137 of good repair; 138 “(4) Developing and implementing a plan for the maintenance, in an ongoing state 139 of good repair, of Housing Properties of the Authority and individual dwellings units within 140 those Housing Properties; 141 “(5) Improving the management of the wait list for dwelling units within Housing 142 Properties of the Authority; 143 “(6)(A) Reviewing and developing recommendations for improvements of the 144 Authority’s: 145 ENGROSSED ORIGINAL 8 “(i) Capital and operating budgets; 146 “(ii) Capital and operating expenditures; 147 “(iii) Accounting and fiscal management systems, controls and 148 procedures; and 149 “(iv) Contracting and procurement systems, controls, and 150 procedures. 151 “(B) Requirements of this paragraph are subject to review by the Chief 152 Financial Officer measured against industry and government standards and best practices; and 153 “(7) Meeting the training requirements established by sections 12(h) and 14(d). 154 “(b) In addition to the requirements of subsection (a) of this section, the Executive 155 Director shall submit to the Council any updated policies, procedures, and reports provided to the 156 United States Department of Housing and Urban Development as outlined in the Authority’s 157 “Response to the U.S. Department of Housing and Urban Development’s March 2022 On-Site 158 Assessment Report,” published on November 29, 2022. Such policies, procedures and reports 159 shall be submitted no later than 48 hours after submission to the United States Department of 160 Housing and Urban Development. 161 “(c) The Stabilization and Reform Board shall: 162 “(1) Review the progress of the Authority in addressing the findings and 163 recommendations in the HUD DC001 Assessment each month; 164 ENGROSSED ORIGINAL 9 “(2) Schedule and complete at least 4 listening sessions, 1 in each quadrant, to 165 hear from public housing residents about concerns and experiences by May 2023; 166 “(3) At least once a quarter, invite the City-Wide Resident Advisory Board to 167 report to the Board on any topics of interest or concerns, and respond to the concerns of the City-168 Wide Resident Advisory Board in writing, no later than 45 days following the quarterly meeting; 169 and 170 “(4) Provide recommendations to the Mayor and the Council by July 1, 2024, for 171 the structure of a successor Board of Directors to govern the Authority on an ongoing basis. 172 “(d) If requested by the Council, a quorum of members of the Stabilization and Reform 173 Board shall attend a Council oversight hearing on the Authority and provide testimony. 174 “(e) A quorum of members of the Stabilization and Reform Board shall be present at each 175 listening session held pursuant to subsection (c)(2) of this section. 176 “Sec. 11c. City-Wide Resident Advisory Board. 177 “(a) The Authority shall establish and implement a comprehensive training program for 178 members of the City-Wide Resident Advisory Board with the goal of enabling tenant members to 179 participate fully in the oversight of the housing authority’s operation and capital planning. The 180 Authority shall develop the training program in consultation with public housing residents and 181 public housing industry professional organizations. 182 “(b)(1) The City-Wide Resident Advisory Board shall be provided access to trainings 183 referenced in section 12(h)(1) and (2). 184 ENGROSSED ORIGINAL 10 “(2) Additionally, the Authority shall provide training on relevant federal and 185 District laws, leadership development, communication, and negotiations. 186 “(c) The Authority shall provide a copy of resolutions on the agenda for consideration by 187 the Stabilization and Reform Board to the City-Wide Resident Advisory Board at least 24 hours 188 prior to the scheduled date and time of the Stabilization and Reform Board meeting at which the 189 resolution will be considered. 190 “(d) The Authority shall seek and consider the input of the City-Wide Resident Advisory 191 Board when a policy or program change affects residents.”. 192 (d) Section 12 (D.C. Official Code § 6-211) is amended as follows: 193 (1) The section heading is amended to read as follows: 194 “Sec. 12. Additional Board provisions.”. 195 (2) Subsections (a), (b), (c), (e), (f), (g), (i), (j), (k), (l), (m), (n), (o), (p), (q), 196 (v)(3), and (w) are repealed. 197 (3) Subsection (r) is amended by striking the phrase “No Commissioner” and 198 inserting the phrase “No member of the Board” in its place. 199 (4) Subsection (s) is amended by striking the phrase “Commissioners shall” and 200 inserting the phrase “Each member of the Board referred to in section 11a(a)(1)(A) through (I) 201 shall” in its place. 202 (5) Subsection (u) is amended by striking the phrase “any Commissioner” and 203 inserting the phrase “any member of the Board” in its place. 204 ENGROSSED ORIGINAL 11 (e) Section 14 (D.C. Official Code § 6-213) is amended as follows: 205 (1) Subsection (c) is amended by striking the phrase “direction and supervision” 206 and inserting the word “oversight” in its place. 207 (2) A new subsection (e) is added to read as follows: 208 “(e) As part of the process of selecting an Executive Director, the Board shall seek and 209 consider the input of public housing residents, voucher holders, and the resident advisory board 210 for the Authority.”. 211 (f) Section 21 (D.C. Official Code § 6-220) is amended as follows: 212 (1) The section heading is amended by striking the phrase “Board of 213 Commissioners” and inserting the word “Board” in its place. 214 (2) Subsection (a) is amended by striking the phrase “each Commissioner” and 215 inserting the phrase “each member of the Board” in its place. 216 (3) Subsection (b) is amended as follows: 217 (A) Strike the phrase “as a Commissioner” and insert the phrase “as a 218 member of the Board or a member of the former Board of Commissioners” in its place. 219 (B) Strike the phrase “former Commissioner” and insert the phrase 220 “former member of the Board or former member of the former Board of Commissioners” in its 221 place. 222 (C) Strike the phrase “as Commissioner” and insert the phrase “as a 223 member of the Board or a member of the former Board of Commissioners” in its place. 224 ENGROSSED ORIGINAL 12 (D) Strike the phrase “any former Commissioner” and insert the phrase 225 “any former member of the Board or former member of the former Board of Commissioners” in 226 its place. 227 (4) Subsection (c) is amended by striking the phrase “any Commissioner” and 228 inserting the phrase “any member of the Board” in its place. 229 (g) Section 26g(b)(2)(C) (D.C. Official Code § 6-232(b)(2)(C)) is amended by striking 230 the phrase “resident commissioner and to vote for candidates for resident commissioner to serve 231 on the Board, as provided in section 12” and inserting the phrase “resident commissioner” in its 232 place. 233 Sec. 3. Conforming amendment. 234 Section 2(e) of the Confirmation Act of 1978, effective March 3, 1979 (D.C. Law 2-142; 235 D.C. Official Code § 1-523.01(e)), is amended by adding a new paragraph (27A) to read as 236 follows: 237 “(27A) The Stabilization and Reform Board of the District of Columbia Housing 238 Authority, established by section 11a of the District of Columbia Housing Authority Act of 1999, 239 passed on 2nd reading on January 3, 2023 (Enrolled version of Bill 24-1145);”. 240 Sec. 4. Fiscal impact statement. 241 The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 242 statement required by section 4a of the General Legislative Procedures Act of 1975, approved 243 October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 244 ENGROSSED ORIGINAL 13 Sec. 5. Effective date. 245 (a) This act shall take effect following approval by the Mayor (or in the event of veto by 246 the Mayor, action by the Council to override the veto), a 30-day period of congressional review 247 as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 248 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 249 Columbia Register. 250 (b) This act shall expire after 225 days of its having taken effect. 251