District Of Columbia 2023 2023-2024 Regular Session

District Of Columbia Council Bill B25-0441 Engrossed / Bill

Filed 09/19/2023

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A BILL 1 
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24-441  3 
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 5 
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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 
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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(2) Paragraph (12) is repealed.  23 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 
 
 
 
 
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(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 
 
 
 
 
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“(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 
 
 
 
 
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“(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 
 
 
 
 
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“(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 
 
 
 
 
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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 
 
 
 
 
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“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 
 
 
 
 
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“(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 
 
 
 
 
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“(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 
 
 
 
 
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“(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 
 
 
 
 
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(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 
 
 
 
 
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(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 
 
 
 
 
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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