1 Councilmember Robert C. White, Jr. 2 3 4 5 A BILL 6 __________ 7 8 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 9 ____________________ 10 11 To amend, on an emergency basis, due to congressional review, the District of Columbia 12 Housing Authority Act of 1999 to establish a temporary Stabilization and Reform Board 13 to govern the District of Columbia Housing Authority (“DCHA”) and to require that the 14 Board and the Executive Director of DCHA take specific actions to reform and revitalize 15 the operations of DCHA. 16 17 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 18 Act may be cited as the “District of Columbia Housing Authority Stabilization and Reform 19 Congressional Review Emergency Amendment Act of 2023”. 20 Sec. 2. The District of Columbia Housing Authority Act of 1999, effective May 9, 2000 21 (D.C. Law 13-105; D.C. Official Code § 6-201 et seq.), is amended as follows: 22 (a) Section 2 (D.C. Official Code § 6-201) is amended as follows: 23 (1) Paragraph (6) is amended by striking the phrase “Board of Commissioners” 24 and inserting the phrase “Stabilization and Reform Board” in its place. 25 (2) Paragraph (12) is repealed. 26 (3) A new paragraph (17A) is added to read as follows: 27 “(17A) “Dwelling unit” means any room or group of rooms located within a 28 residential or mixed-use building and forming a single unit that is used or intended to be used for 29 living, sleeping, and the preparation and eating of meals.”. 30 (b) Section 10(h) (D.C. Official Code § 6-209(h)) is amended as follows: 31 (1) Strike the phrase “or Commissioner of the Authority” and insert the phrase 32 “member of the Board, or member of the former Board of Commissioners” in its place. 33 (2) Strike the phrase “a Commissioner” and insert the phrase “a member of the 34 Board, member of the former Board of Commissioners,” in its place. 35 (c) New sections 11a, 11b, and 11c are added to read as follows: 36 “Sec. 11a. Stabilization and Reform Board. 37 “(a) The Authority shall, from and after the date set forth in subsection (i) of this section, 38 be governed by a Stabilization and Reform Board, which shall consist of the following members: 39 “(1) The following 9 voting members, each of whom shall be a resident of the 40 District: 41 “(A) One member with experience in housing development or operations; 42 “(B) One member with experience in affordable housing development, 43 operations, or finance; 44 “(C) One member with knowledge of federal housing law and regulation; 45 “(D) One member with experience in capital project financing; 46 “(E) One member who is a resident of a property owned, operated, and 47 managed by the Authority; 48 “(F) One member with experience as a voucher holder; 49 “(G) The current Executive Director of the Interagency Council on 50 Homelessness; 51 “(H) The Director of the District’s Office of Budget and Performance 52 Management; and 53 “(I) One member with experience in government procurement; 54 “(2) The Chief Financial Officer, or a designee of the Chief Financial Officer who 55 is an employee of the Office of the Chief Financial Officer, who shall serve as a non-voting 56 member; and 57 “(3) The President of the City- Wide Resident Advisory Board, who shall serve as 58 a non- voting member. 59 “(b)(1) Except as provided in paragraph (2) of this subsection and subsections (c) and 60 (f)(1) of this section, each member of the Stabilization and Reform Board shall be appointed by 61 the Mayor, with the advice and consent of the Council pursuant to section 2(e) of the 62 Confirmation Act of 1978, effective March 3, 1979 (D.C. Law 2- 142; D.C. Official Code § 1-63 523.01(e)). 64 “(2) The Director of the District’s Office of Budget and Performance 65 Management and the Chief Financial Officer, or the Chief Financial Officer’s designee, shall 66 serve as members of the Stabilization and Reform Board by virtue of their incumbency in the 67 position of Director of the District’s Office of Budget and Performance Management and Chief 68 Financial Officer or employee of the Office of the Chief Financial Officer. 69 “(c) Notwithstanding subsection (b) of this section, the Mayor may appoint the following 70 individuals to the Stabilization and Reform Board without the advice and consent of the Council 71 pursuant to section 2(e) of the Confirmation Act of 1978, effective March 3, 1979 (D.C. Law 2-72 142; D.C. Official Code § 1- 523.01(e)): 73 “(1) Raymond A. Skinner, to fill the Board seat described in subsection (a)(1)(A) 74 of this section and to serve as chairperson of the Stabilization and Reform Board; 75 “(2) James M. Dickerson, to fill the Board seat described in subsection (a)(1)(B) 76 of this section; 77 “(3) Christopher Murphy, to fill the Board seat described in subsection (a)(1)(C) 78 of this section; 79 “(4) Melissa Lee, to fill the Board seat described in subsection (a)(1)(D) of this 80 section; 81 “(5) Denise Blackson, to the fill the Board sear described in subsection (a)(1)(E) 82 of this section; 83 “(6) Ronnie Harris, to fill the Board seat described in subsection (a)(1)(F) of this 84 section; 85 “(7) Theresa Silla, to fill the Board seat described in subsection (a)(1)(G) of this 86 section; and 87 “(8) Katrina D. Jones, to fill the Board seat described in subsection (a)(1)(I) of 88 this section. 89 “(d) The members of the Stabilization and Reform Board referred to in subsection 90 (a)(1)(A) through (I) of this section shall each serve for one term of 2 years or until the Board 91 sunsets; provided, that each such member may continue to serve until a successor board assumes 92 the responsibilities of the Stabilization and Reform Board; provided further, that in the event of a 93 vacancy in the seat of such a member of the Board, the Mayor may appoint a member, pursuant 94 to subsection (b)(1) of this section, to serve the remainder of the unexpired term or until a 95 successor board assumes the responsibilities of the Stabilization and Reform Board. 96 “(e) Upon a vacancy in the position chairperson of the Stabilization and Reform Board, 97 the Mayor shall designate a chairperson from among the members of the Stabilization and 98 Reform Board referred to in subsection (a)(1)(A) through (I) of this section. 99 “(f)(1) Upon a vacancy of any seat of the Stabilization and Reform Board, the Mayor 100 shall nominate a replacement who meets the qualifications of the vacant seat pursuant to 101 subsection (a)(1) of this section; provided, that this shall not apply to the seat established by 102 subsection (a)(1)(A) of this section. If the seat established by subsection (a)(1)(A) of this section 103 becomes vacant, the Council shall appoint a successor. 104 “(2) A Mayoral nomination shall be submitted to the Council pursuant to 105 subsection (b)(1) of this section. 106 “(g)(1) The Stabilization and Reform Board shall meet at least 10 times per year. All 107 meetings of the Stabilization and Reform Board shall be open to the public, except as may 108 otherwise be authorized by the Open Meetings Act, effective March 31, 2011 (D.C. Law 18- 350; 109 D.C. Official Code § 2- 571 et seq.). 110 “(2) All regular meetings of the Board must be publicized through a notice, 111 published in the District of Columbia Register one week prior to the meeting that contains the 112 date, time, and location of the meeting. 113 “(3) Each regular meeting shall provide for a period of public comments, which 114 shall not be limited in time, except that the time allowed for each individual speaker may be 115 reasonably limited. 116 “(h) For the purposes of taking any official action, a quorum of the Stabilization and 117 Reform Board shall consist of 5 members 118 “(i) The Stabilization and Reform Board established by this section shall assume 119 authority from the Board of Commissioners established by section 12, and the Board of 120 Commissioners shall be dissolved, upon the swearing in of at least 5 members of the 121 Stabilization and Reform Board. 122 “(j) The Authority shall provide to the Stabilization and Reform Board at least 2 full-time 123 employees who are qualified to provide legal and policy research as requested by members of the 124 Board. Except as otherwise provided by law, a full-time employee provided to the Board 125 pursuant to this subsection shall not share with employees of the Authority information about 126 research performed for a Board member, unless the member of the Board authorizes sharing of 127 information. 128 “Sec. 11b. Reform activities. 129 “(a) Within 15 days after the end of each calendar quarter, the Executive Director shall, 130 after submission to the Stabilization and Reform Board and the City- Wide Resident Advisory 131 Board, submit a report to the Mayor and the Council that describes the progress of the Authority 132 in: 133 “(1) Addressing and remediating the issues identified by the U.S. Department of 134 Housing and Urban Development in its 2022 assessment of the Authority (the “HUD DC001 135 Assessment”); 136 “(2) Developing and implementing a plan to expedite the leasing of dwelling units 137 owned, operated, or managed by the Authority; 138 “(3) Identifying individual dwelling units within Housing Properties of the 139 Authority that are in a substandard condition and improving the condition of such units to a state 140 of good repair; 141 “(4) Developing and implementing a plan for the maintenance, in an ongoing state 142 of good repair, of Housing Properties of the Authority and individual dwellings units within 143 those Housing Properties; 144 “(5) Improving the management of the wait list for dwelling units within Housing 145 Properties of the Authority; 146 “(6)(A) Reviewing and developing recommendations for improvements of the 147 Authority’s: 148 “(i) Capital and operating budgets; 149 “(ii) Capital and operating expenditures; 150 “(iii) Accounting and fiscal management systems, controls and 151 procedures; and 152 “(iv) Contracting and procurement systems, controls, and 153 procedures. 154 “(B) Requirements of this paragraph are subject to review by the Chief 155 Financial Officer measured against industry and government standards and best practices; and 156 “(7) Meeting the training requirements established by sections 12(h) and 14(d). 157 “(b) In addition to the requirements of subsection (a) of this section, the Executive 158 Director shall submit to the Council any updated policies, procedures, and reports provided to the 159 United States Department of Housing and Urban Development as outlined in the Authority’s 160 “Response to the U.S. Department of Housing and Urban Development’s March 2022 On-Site 161 Assessment Report,” published on November 29, 2022. Such policies, procedures and reports 162 shall be submitted no later than 48 hours after submission to the United States Department of 163 Housing and Urban Development. 164 “(c) The Stabilization and Reform Board shall: 165 “(1) Review the progress of the Authority in addressing the findings and 166 recommendations in the HUD DC001 Assessment each month; 167 “(2) Schedule and complete at least 4 listening sessions, 1 in each quadrant, to 168 hear from public housing residents about concerns and experiences by May 2023; 169 “(3) At least once a quarter, invite the City-Wide Resident Advisory Board to 170 report to the Board on any topics of interest or concerns, and respond to the concerns of the City-171 Wide Resident Advisory Board in writing, no later than 45 days following the quarterly meeting; 172 and 173 “(4) Provide recommendations to the Mayor and the Council by July 1, 2024, for 174 the structure of a successor Board of Directors to govern the Authority on an ongoing basis. 175 “(d) If requested by the Council, a quorum of members of the Stabilization and Reform 176 Board shall attend a Council oversight hearing on the Authority and provide testimony. 177 “(e) A quorum of members of the Stabilization and Reform Board shall be present at each 178 listening session held pursuant to subsection (c)(2) of this section. 179 “Sec. 11c. City-Wide Resident Advisory Board. 180 “(a) The Authority shall establish and implement a comprehensive training program for 181 members of the City-Wide Resident Advisory Board with the goal of enabling tenant members to 182 participate fully in the oversight of the housing authority’s operation and capital planning. The 183 Authority shall develop the training program in consultation with public housing residents and 184 public housing industry professional organizations. 185 “(b)(1) The City-Wide Resident Advisory Board shall be provided access to trainings 186 referenced in section 12(h)(1) and (2). 187 “(2) Additionally, the Authority shall provide training on relevant federal and 188 District laws, leadership development, communication, and negotiations. 189 “(c) The Authority shall provide a copy of resolutions on the agenda for consideration by 190 the Stabilization and Reform Board to the City-Wide Resident Advisory Board at least 24 hours 191 prior to the scheduled date and time of the Stabilization and Reform Board meeting at which the 192 resolution will be considered. 193 “(d) The Authority shall seek and consider the input of the City- Wide Resident Advisory 194 Board when a policy or program change affects residents.”. 195 (d) Section 12 (D.C. Official Code § 6- 211) is amended as follows: 196 (1) The section heading is amended to read as follows: 197 “Sec. 12. Additional Board provisions.”. 198 (2) Subsections (a), (b), (c), (e), (f), (g), (i), (j), (k), (l), (m), (n), (o), (p), (q), 199 (v)(3), and (w) are repealed. 200 (3) Subsection (r) is amended by striking the phrase “No Commissioner” and 201 inserting the phrase “No member of the Board” in its place. 202 (4) Subsection (s) is amended by striking the phrase “Commissioners shall” and 203 inserting the phrase “Each member of the Board referred to in section 11a(a)(1)(A) through (I) 204 shall” in its place. 205 (5) Subsection (u) is amended by striking the phrase “any Commissioner” and 206 inserting the phrase “any member of the Board” in its place. 207 (e) Section 14 (D.C. Official Code § 6- 213) is amended as follows: 208 (1) Subsection (c) is amended by striking the phrase “direction and supervision” 209 and inserting the word “oversight” in its place. 210 (2) A new subsection (e) is added to read as follows: 211 “(e) As part of the process of selecting an Executive Director, the Board shall seek and 212 consider the input of public housing residents, voucher holders, and the resident advisory board 213 for the Authority.”. 214 (f) Section 21 (D.C. Official Code § 6- 220) is amended as follows: 215 (1) The section heading is amended by striking the phrase “Board of 216 Commissioners” and inserting the word “Board” in its place. 217 (2) Subsection (a) is amended by striking the phrase “each Commissioner” and 218 inserting the phrase “each member of the Board” in its place. 219 (3) Subsection (b) is amended as follows: 220 (A) Strike the phrase “as a Commissioner” and insert the phrase “as a 221 member of the Board or a member of the former Board of Commissioners” in its place. 222 (B) Strike the phrase “former Commissioner” and insert the phrase 223 “former member of the Board or former member of the former Board of Commissioners” in its 224 place. 225 (C) Strike the phrase “as Commissioner” and insert the phrase “as a 226 member of the Board or a member of the former Board of Commissioners” in its place. 227 (D) Strike the phrase “any former Commissioner” and insert the phrase 228 “any former member of the Board or former member of the former Board of Commissioners” in 229 its place. 230 (4) Subsection (c) is amended by striking the phrase “any Commissioner” and 231 inserting the phrase “any member of the Board” in its place. 232 (g) Section 26g(b)(2)(C) (D.C. Official Code § 6-232(b)(2)(C)) is amended by striking 233 the phrase “resident commissioner and to vote for candidates for resident commissioner to serve 234 on the Board, as provided in section 12” and inserting the phrase “resident commissioner” in its 235 place. 236 Sec. 3. Conforming amendment. 237 Section 2(e) of the Confirmation Act of 1978, effective March 3, 1979 (D.C. Law 2- 142; 238 D.C. Official Code § 1- 523.01(e)), is amended by adding a new paragraph (27A) to read as 239 follows: 240 “(27A) The Stabilization and Reform Board of the District of Columbia Housing 241 Authority, established by section 11a of the District of Columbia Housing Authority Act of 1999, 242 passed on 2nd reading on January 3, 2023 (Enrolled version of Bill 24- 1145);”. 243 Sec. 4. Applicability 244 This act shall apply as of December 22, 2022. 245 Sec. 5. Fiscal impact statement. 246 The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 247 statement required by section 4a of the General Legislative Procedures Act of 1975, approved 248 October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a). 249 Sec. 6. Effective date. 250 This act shall take effect following approval by the Mayor (or in the event of veto by the 251 Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 252 90 days, as provided for emergency acts of the Council of the District of Columbia in section 253 412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; 254 D.C. Official Code § 1- 204.12(a)). 255