District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0867 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	ENROLLED ORIGINAL
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7		-	AN ACT
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9		-	__________
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11		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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13		-	____________________
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16		-	To amend the Fiscal Year 2024 Budget Support Act of 2024, the Fiscal Year 2024 Revised Local
17		-	Budget Act of 2024, and the Fiscal Year 2024 Budget Support Emergency Act of 2024 to
18		-	amend the Homeless Services Reform Act of 2005 to establish grounds for an extension
19		-	to the Family Re-Housing Stabilization Program, and, subject to available funding, to
20		-	require the Department of Human Services, or its designee, to thoroughly consider the
21		-	totality of a participant's circumstances, including the participant’s progress and
22		-	eligibility for affordable housing.
23		-
24		-	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
25		-	act may be cited as the “Family Re-Housing Stabilization Program Protection Emergency
26		-	Amendment Act of 2024”.
27		-	Sec. 2. Section 5062(a) of the Fiscal Year 2025 Budget Support Act of 2024, passed on
28		-	2nd reading on June 25, 2024 (Enrolled version of B25-784), is amended to read as follows:
29		-	“(a) Section 7(b)(4)(B) of the Homeless Services Reform Act of 2005, effective October
30		-	22, 2005 (D.C. Law 16-35; D.C. Official Code § 4–753.01(b)(4)(B)), is amended as follows:
31		-	“(1) The existing text is designated as sub-subparagraph (i).
32		-	“(2) New sub-subparagraphs (ii), (iii), and (iv) are added to read as follows:
33		-	“(ii) Notwithstanding any other law; provided, that funding is
34		-	available within the Family Re-Housing Stabilization Program (“FRSP”) to implement this sub-
35		-	subparagraph and sub-subparagraphs (iii) and (iv) of this subparagraph, the Department, or the
36		-	Department’s designee, shall consider requests for FRSP assistance extending past 12 months if:
37		-	“(I) The participant has requested an extension in
38		-	writing;
39		-	“(II) The participant has made a good faith effort
40		-	towards the achievement of goals set forth in an individualized plan with the aim of a targeted
	2	+	1
	3	+	Councilmember Robert C. White, Jr.2
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	9	+	A BILL 8
	10	+	__________ 9
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	12	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 11
	13	+	____________________ 12
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	15	+	To amend the Homeless Services Reform Act to establish grounds for an extension to the 14
	16	+	Family Re -Housing Stabilization Program (FRSP), whereby the Department or its 15
	17	+	designee will thoroughly consider the totality of the participant's circumstances, including 16
	18	+	their progress and eligibility for affordable housing. 17
	19	+	18
	20	+	BE IT ENACTED BY THE COUN CIL OF THE DISTRICT OF COLUMBIA, That this 19
	21	+	Act may be cited as the “ Family Re-Housing Stabilization Program Protection Emergency 20
	22	+	Amendment Act of 2024”. 21
	23	+	Sec. 2. Section 7 (b)(4)(B) of t he Homeless Services Reform Act, effective October 22, 22
	24	+	2005 (D.C. Law 16-35; D.C. Official Code § 4–753.01(b)(4)(B)), is amended as follows: 23
	25	+	(a) The existing text is designated as sub-subparagraph (i). 24
	26	+	(b) New sub-subparagraph s (ii) and (iii) are added to read as follows: 25
	27	+	“(ii) The Department of Human Services, or the Department’s 26
	28	+	designee, shall consider requests for Family Re-Housing Stabilization Program (FRSP) 27
	29	+	assistance extending past 12 months if: 28
	30	+	“(I) There is funding available within FRSP; 29
	31	+	“(II) The participant has requested an extension in writing; 30
	32	+	“(III) The participant has made a good faith effort towards 31
	33	+	the achievement of goals set forth in an individualized plan with the aim of a targeted 32 2
41	34		progression towards exit from the supports of FRSP, as observed by the Service Provider at
42		-	consistent intervals, but cannot yet sustain housing stability independently of FRSP; and
43		-	“(III) The participant has not yet been approved for
44		-	permanently affordable housing. ENROLLED ORIGINAL
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49		-	“(iii) When making a determination of whether to grant a
50		-	participant in FRSP an extension beyond 12 months, the Department, or the Department's
51		-	designee, shall:
52		-	“(I) Consider the totality of the circumstances; and
53		-	“(II) Grant extensions of time in increments not greater
54		-	than 6 months with regular formal reviews every 3 months to ensure that participants are given
55		-	the support necessary to exit FRSP with stable housing.
56		-	“(iv) If a requested extension of FRSP assistance by a
57		-	participant is denied, the participant shall be given 30 days written notice prior to the final
58		-	subsidy payment explicitly setting forth the reason for the denial of additional assistance and
59		-	inform the participant that the participant has a right to:
60		-	“(I) Appeal the determination through a fair hearing
61		-	and administrative review, including deadlines for requesting an appeal; and
62		-	“(II) The continuation of FRSP services pending the
63		-	outcome of any fair hearing requested within 15 days of receipt of a written notice of a
64		-	termination.”.
65		-	Sec. 3. Section 11(a) of the Fiscal Year 2024 Revised Local Budget Adjustment
66		-	Emergency Act of 2024, enacted on July 8, 2024 (D.C. Act 25-499; 71 DCR ___), is amended to
67		-	read as follows:
68		-	“(a) Section 7(b)(4)(B) of the Homeless Services Reform Act of 2005, effective October
69		-	22, 2005 (D.C. Law 16-35; D.C. Official Code § 4–753.01(b)(4)(B)), is amended as follows:
70		-	“(1) The existing text is designated as sub-subparagraph (i).
71		-	“(2) New sub-subparagraphs (ii), (iii), and (iv) are added to read as follows:
72		-	“(ii) Notwithstanding any other law; provided, that funding is
73		-	available within the Family Re-Housing Stabilization Program (“FRSP”) to implement this sub-
74		-	subparagraph and sub-subparagraphs (iii) and (iv) of this subparagraph, the Department, or the
75		-	Department’s designee, shall consider requests for FRSP assistance extending past 12 months if:
76		-	“(I) The participant has requested an extension in writing;
77		-	“(II) The participant has made a good faith effort towards
78		-	the achievement of goals set forth in an individualized plan with the aim of a targeted
79		-	progression towards exit from the supports of FRSP, as observed by the service provider at
80		-	consistent intervals, but cannot yet sustain housing stability independently of FRSP; and
81		-	“(III) The participant has not yet been approved for
82		-	permanently affordable housing.
83		-	“(iii) When making a determination of whether to grant a
84		-	participant in FRSP an extension beyond 12 months, the Department, or the Department's
85		-	designee, shall:
86		-	“(I) Consider the totality of the circumstances; and ENROLLED ORIGINAL
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91		-	“(II) Grant extensions of time in increments not greater
92		-	than 6 months with regular formal reviews every 3 months to ensure that participants are
93		-	given the support necessary to exit the program with stable housing.
94		-	“(iv) If a requested extension of FRSP assistance by a participant is
95		-	denied, the participant shall be given 30 days written notice prior to the final subsidy payment
96		-	explicitly setting forth the reason for the denial of additional assistance and inform the
97		-	participant that the participant has a right to:
98		-	“(I) Appeal the determination through a fair hearing and
99		-	administrative review, including deadlines for requesting an appeal; and
100		-	“(II) The continuation of FRSP services pending the
101		-	outcome of any fair hearing requested within 15 days of receipt of a written notice of a
102		-	termination.”.
103		-
104		-	Sec. 4. Sec. 5062(a) of the Fiscal Year 2024 Budget Support Emergency Act of 2024,
105		-	passed on emergency basis June 25, 2024 (Enrolled version of B25-875), is amended to read as
106		-	follows:
107		-	“(a) Section 7(b)(4)(B) of the Homeless Services Reform Act, effective October 22,
108		-	2005 (D.C. Law 16-35; D.C. Official Code § 4–753.01(b)(4)(B)), is amended as follows:
109		-	“(1) The existing text is designated as sub-subparagraph (i).
110		-	“(2) New sub-subparagraphs (ii), (iii), and (iv) are added to read as follows:
111		-	“(ii) Notwithstanding any other law; provided, that funding is
112		-	available within the Family Re-Housing Stabilization Program (“FRSP”) to implement this
113		-	sub-subparagraph and sub-subparagraphs (iii) and (iv) of this subparagraph, the Department of
114		-	Human Services, or the Department’s designee, shall consider requests for FRSP assistance
115		-	extending past 12 months if:
116		-	“(I) The participant has requested an extension in
117		-	writing;
118		-	“(II) The participant has made a good faith effort
119		-	towards the achievement of goals set forth in an individualized plan with the aim of a targeted
120		-	progression towards exit from the supports of FRSP, as observed by the service provider at
121		-	consistent intervals, but cannot yet sustain housing stability independently of FRSP; and
122		-	“(III) The participant has not yet been approved for
123		-	permanently affordable housing.
124		-	“(iii) When making a determination of whether to grant a
125		-	participant in FRSP an extension beyond 12 months, the Department, or the Department's
126		-	designee, shall:
127		-	“(I) Consider the totality of the circumstances; and
128		-	“(II) Grant extensions of time in increments not greater
129		-	than 6 months with regular formal reviews every 3 months to ensure that participants are given
130		-	the support necessary to exit FRSP with stable housing.
131		-	“(iv) If a requested extension of FRSP assistance by a ENROLLED ORIGINAL
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136		-	participant is denied, the participant shall be given 30 days written notice prior to the final
137		-	subsidy payment explicitly setting forth the reason for the denial of additional assistance and
138		-	inform the participant that the participant has a right to:
139		-	“(I) Appeal the determination through a fair hearing
140		-	and administrative review, including deadlines for requesting an appeal; and
141		-	“(II) The continuation of FRSP services pending the
142		-	outcome of any fair hearing requested within 15 days of receipt of a written notice of a
143		-	termination.”.
144		-
145		-	Sec. 5. Fiscal impact statement.
146		-	The Council adopts the fiscal impact statement of the Budget Director as the fiscal
147		-	impact statement required by section 4a of the General Legislative Procedures Act of 1975,
148		-	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
149		-
150		-	Sec. 6. Effective date.
151		-	This act shall take effect following approval by the Mayor (or in the event of veto by the
152		-	Mayor, action by the Council to override the veto), and shall remain in effect for no longer than
153		-	90 days, as provided for emergency acts of the Council of the District of Columbia in section
154		-	412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788;
155		-	D.C. Official Code § 1150 204.12(a)).
156		-
157		-
158		-	______________________________
159		-	Chairman
160		-	Council of the District of Columbia
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162		-
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165		-
166		-	_________________________________
167		-	Mayor
168		-	District of Columbia ENROLLED ORIGINAL
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	35	+	33
	36	+	consistent intervals, but cannot yet sustain housing stability independently of the program; and 34
	37	+	“(IV) The participant has not yet been approved for 35
	38	+	permanently affordable housing. 36
	39	+	“(iii) When making a determination of whether to grant a 37
	40	+	participant in FRSP an extension beyond 12 months, the Department or Department's designee 38
	41	+	shall: 39
	42	+	“(I) Consider the totality of the circumstances; and 40
	43	+	“(II) Grant extensions of time in increments not greater 41
	44	+	than 6 months, with regular formal reviews every 3 months to ensure that participants are given 42
	45	+	the support necessary to exit the program with stable housing.” 43
	46	+	“(iv) If a requested extension of FRSP assistance by a participant is 44
	47	+	denied, the participant shall be given 30 days written notice prior to the final subsidy payment 45
	48	+	explicitly setting forth the reason for the denial of additional assistance and inform the 46
	49	+	participant that: 47
	50	+	“(I) The FRSP participant has a right to appeal the 48
	51	+	determination through a fair hearing and administrative review, including deadlines for 49
	52	+	requesting an appeal; and 50
	53	+	“(II) The FRSP participant has a right to continuation of 51
	54	+	FRSP services pending the outcome of any fair hearing requested within 15 days of receipt of 52
	55	+	written notice of a termination”. 53
	56	+	Sec. 3. Applicability. 54
	57	+	This act shall apply as of July 10, 2024. 55 3
	58	+	Sec. 4. Fiscal impact statement.
	59	+	56
	60	+	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 57
	61	+	statement required by section 4a of the General Legislative Procedures Act of 1975, approved 58
	62	+	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a). 59
	63	+	Sec. 5. Effective date. 60
	64	+	This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, 61
	65	+	action by the Council to override the veto), and shall remain in effect for no longer than 90 days, as 62
	66	+	provided for emergency acts of the Council of the District of Columbia in section 412(a) of the District of 63
	67	+	Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; D.C. Official Code § 1-64
	68	+	204.12(a)).
	69	+	65