District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0868 Compare Versions

Version 1 (Old)

Version 2 (New)

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	1	+	ENGROSSED ORIGINAL
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7		-	AN ACT
8		-
9		-	_______________
10		-
11		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
12		-
13		-	____________________
14		-
15		-
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 or its designee to thoroughly consider the totality of a
21		-	participant's circumstances, including their progress and eligibility for affordable
22		-	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 Temporary
26		-	Amendment Act of 2024”.
27		-
28		-	Sec. 2. Section 5062(a) of the Fiscal Year 2025 Budget Support Act of 2024, passed on
29		-	2nd reading on June 25, 2024 (Enrolled version of B25-784), is amended to read as follows:
30		-	“(a) Section 7(b)(4)(B) of the Homeless Services Reform Act of 2005, effective October
31		-	22, 2005 (D.C. Law 16-35; D.C. Official Code § 4–753.01(b)(4)(B)), is amended as follows:
32		-	“(1) The existing text is designated as sub-subparagraph (i).
33		-	“(2) New sub-subparagraphs (ii), (iii), and (iv) are added to read as follows:
34		-	“(ii) Notwithstanding any other law; provided, that funding is
35		-	available within the Family Re-Housing Stabilization Program (“FRSP”) to implement this sub-
36		-	subparagraph and sub-subparagraphs (iii) and (iv) of this subparagraph, the Department, or the
37		-	Department’s designee, shall consider requests for FRSP assistance extending past 12 months if:
38		-	“(I) The participant has requested an extension in writing;
39		-	“(II) The participant has made a good faith effort towards
40		-	the achievement of goals set forth in an individualized plan with the aim of a targeted
41		-	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
	7	+	A BILL 1
	8	+	2
	9	+	25-868 3
	10	+	4
	11	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 5
	12	+	6
	13	+	____________________ 7
	14	+	8
	15	+	9
	16	+	To amend the Homeless Services Reform Act Fiscal Year 2024 Budget Support Act of 2024, the 10
	17	+	Fiscal Year 2024 Revised Local Budget Act of 2024, and the Fiscal Year 2024 Budget 11
	18	+	Support Emergency Act of 2024 to establish grounds for an extension to the 12
	19	+	Family Re-Housing Stabilization Program (FRSP), whereby the Department or its 13
	20	+	designee will thoroughly consider the totality of the participant's circumstances, including 14
	21	+	their progress and eligibility for affordable housing, should funding be available in the 15
	22	+	program to do so. 16
	23	+	17
	24	+	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 18
	25	+	Act may be cited as the “Family Re-Housing Stabilization Program Protection Temporary 19
	26	+	Amendment Act of 2024”. 20
	27	+	Sec. 2. Sec. 5062(a) of the Fiscal Year 2025 Budget Support Act of 2024, passed on 2nd 21
	28	+	reading on June 25, 2024 (Enrolled version of B25-0784), is amended to read as follows: 22
	29	+	“(a) Section 7(b)(4)(B) of the Homeless Services Reform Act, effective October 22, 23
	30	+	2005 (D.C. Law 16-35; D.C. Official Code § 4–753.01(b)(4)(B)), is amended as follows: 24
	31	+	(1) The existing text is designated as sub-subparagraph (i). 25
	32	+	(2) New sub-subparagraphs (ii), (iii), and (iv) are added to read as follows: 26
	33	+	“(ii) Notwithstanding other law, provided that funding be available 27
	34	+	within the Family Re-Housing Stabilization Program (“FRSP”) to implement this sub-28
	35	+	subparagraph and sub-subparagraphs (iii) and (iv) of this subparagraph, the Department of 29 ENGROSSED ORIGINAL
45	36
46	37
47	38
48	39
49	40		2
50		-	“(iii) When making a determination of whether to grant a
51		-	participant in FRSP an extension beyond 12 months, the Department, or the Department's
52		-	designee shall:
53		-	“(I) Consider the totality of the circumstances; and
54		-	“(II) Grant extensions of time in increments not greater
55		-	than 6 months, with regular formal reviews every 3 months to ensure that participants are given
56		-	the support necessary to exit FRSP with stable housing.”
57		-	“(iv) If a requested extension of FRSP assistance by a participant is
58		-	denied, the participant shall be given 30 days written notice prior to the final subsidy payment
59		-	explicitly setting forth the reason for the denial of additional assistance and inform the
60		-	participant that the participant has a right to:
61		-	“(I) Appeal the determination through a fair hearing and
62		-	administrative review, including deadlines for requesting an appeal; and
63		-	“(II) The continuation of FRSP services pending the
64		-	outcome of any fair hearing requested within 15 days of receipt of a written notice of a
65		-	termination”.”
66		-
67		-	Sec. 3. Section 11(a) of the Fiscal Year 2024 Revised Local Budget Adjustment
68		-	Emergency Act of 2024, enacted on July 8, 2024 (D.C. Act 25-499; 71 DCR 7957), is amended
69		-	to read as follows:
70		-	“(a) Section 7(b)(4)(B) of the Homeless Services Reform Act, effective October 22, 2005
71		-	(D.C. Law 16-35; D.C. Official Code § 4–753.01(b)(4)(B)), is amended as follows:
72		-	“(1) The existing text is designated as sub-subparagraph (i).
73		-	“(2) New sub-subparagraphs (ii), (iii), and (iv) are added to read as follows:
74		-	“(ii) Notwithstanding any other law; provided, that funding is
75		-	available within the Family Re-Housing Stabilization Program (“FRSP”) to implement this sub-
76		-	subparagraph and sub-subparagraphs (iii) and (iv) of this subparagraph, the Department, or the
77		-	Department’s designee, shall consider requests for FRSP assistance extending past 12 months if:
78		-	“(I) The participant has requested an extension in writing;
79		-	“(II) The participant has made a good faith effort towards
80		-	the achievement of goals set forth in an individualized plan with the aim of a targeted
81		-	progression towards exit from the supports of FRSP, as observed by the Service Provider at
82		-	consistent intervals, but cannot yet sustain housing stability independently of FRSP; and
83		-	“(III) The participant has not yet been approved for
84		-	permanently affordable housing.
85		-	“(iii) When making a determination of whether to grant a
86		-	participant in FRSP an extension beyond 12 months, the Department, or the Department's
87		-	designee shall:
88		-	“(I) Consider the totality of the circumstances; and ENROLLED ORIGINAL
	41	+	Human Services, or the Department’s designee, shall consider requests for FRSP assistance 30
	42	+	extending past 12 months if: 31
	43	+	“(I) The participant has requested an extension in writing; 32
	44	+	“(II) The participant has made a good faith effort towards 33
	45	+	the achievement of goals set forth in an individualized plan with the aim of a targeted 34
	46	+	progression towards exit from the supports of FRSP, as observed by the service provider at 35
	47	+	consistent intervals, but cannot yet sustain housing stability independently of the program; and 36
	48	+	“(III) The participant has not yet been approved for 37
	49	+	permanently affordable housing. 38
	50	+	“(iii) When making a determination of whether to grant a 39
	51	+	participant in FRSP an extension beyond 12 months, the Department or Department's designee 40
	52	+	shall: 41
	53	+	“(I) Consider the totality of the circumstances; and 42
	54	+	“(II) Grant extensions of time in increments not greater 43
	55	+	than 6 months, with regular formal reviews every 3 months to ensure that participants are given 44
	56	+	the support necessary to exit the program with stable housing.” 45
	57	+	“(iv) If a requested extension of FRSP assistance by a participant is 46
	58	+	denied, the participant shall be given 30 days written notice prior to the final subsidy payment 47
	59	+	explicitly setting forth the reason for the denial of additional assistance and inform the 48
	60	+	participant that: 49 ENGROSSED ORIGINAL
89	61
90	62
91	63
92	64
93	65		3
94		-	“(II) Grant extensions of time in increments not greater
95		-	than 6 months, with regular formal reviews every 3 months to ensure that participants are given
96		-	the support necessary to exit the program with stable housing.”
97		-	“(iv) If a requested extension of FRSP assistance by a participant is
98		-	denied, the participant shall be given 30 days written notice prior to the final subsidy payment
99		-	explicitly setting forth the reason for the denial of additional assistance and inform the
100		-	participant that the participant has a right to:
101		-	“(I) Appeal the determination through a fair hearing and
102		-	administrative review, including deadlines for requesting an appeal; and
103		-	“(II) The continuation of FRSP services pending the
104		-	outcome of any fair hearing requested within 15 days of receipt of written notice of a
105		-	termination”.”
106		-
107		-	Sec. 4. Sec. 5062(a) of the Fiscal Year 2024 Budget Support Emergency Act of 2024,
108		-	enacted July 15, 2024 (D.C. Act 25-506; 71 DCR 8406),is amended to read as follows:
109		-	“(a) Section 7(b)(4)(B) of the Homeless Services Reform Act, effective October 22,
110		-	2005 (D.C. Law 16-35; D.C. Official Code § 4–753.01(b)(4)(B)), is amended as follows:
111		-	“(1) The existing text is designated as sub-subparagraph (i).
112		-	“(2) New sub-subparagraphs (ii), (iii), and (iv) are added to read as follows:
113		-	“(ii) Notwithstanding any other law; provided, that funding is
114		-	available within the Family Re-Housing Stabilization Program (“FRSP”) to implement this sub-
115		-	subparagraphs and sub-subparagraphs (iii) and (iv) of this subparagraph, the Department, or the
116		-	Department’s designee, shall consider requests for FRSP assistance extending past 12 months if:
117		-	“(I) The participant has requested an extension in writing;
118		-	“(II) The participant has made a good faith effort towards
119		-	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 Department's designee
126		-	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 the program with stable housing.”
131		-	“(iv) If a requested extension of FRSP assistance by a participant is
132		-	denied, the participant shall be given 30 days written notice prior to the final subsidy payment ENROLLED ORIGINAL
	66	+	“(I) The FRSP participant has a right to appeal the 50
	67	+	determination through a fair hearing and administrative review, including deadlines for 51
	68	+	requesting an appeal; and 52
	69	+	“(II) The FRSP participant has a right to continuation of 53
	70	+	FRSP services pending the outcome of any fair hearing requested within 15 days of receipt of 54
	71	+	written notice of a termination”.” 55
	72	+	Sec. 3. Section 11(a) of the Fiscal Year 2024 Revised Local Budget Adjustment 56
	73	+	Emergency Act of 2024, passed on June 12, 2024 (Enrolled version of Bill 25-787), is amended 57
	74	+	to read as follows: 58
	75	+	Sec. 2. “(a) Section 7(b)(4)(B) of the Homeless Services Reform Act, effective October 59
	76	+	22, 2005 (D.C. Law 16-35; D.C. Official Code § 4–753.01(b)(4)(B)), is amended as follows: 60
	77	+	(1a) The existing text is designated as sub-subparagraph (i). 61
	78	+	(2b) New sub-subparagraphs (ii), and (iii), and (iv) are added to read as follows: 62
	79	+	“(ii) Notwithstanding other law, provided that funding be available 63
	80	+	within the Family Re-Housing Stabilization Program (“FRSP”) to implement this sub-64
	81	+	subparagraph and sub-subparagraphs (iii) and (iv) of this subparagraph, Tthe Department of 65
	82	+	Human Services, or the Department’s designee, shall consider requests for Family Re-Housing 66
	83	+	Stabilization Program (FRSP) assistance extending past 12 months if: 67
	84	+	“(I) There is funding available within FRSP; 68
	85	+	“(II) The participant has requested an extension in writing; 69 ENGROSSED ORIGINAL
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134	87
135	88
136	89
137	90		4
138		-	explicitly setting forth the reason for the denial of additional assistance and inform the
139		-	participant that the participant has the right to:
140		-	“(I) Appeal the determination through a fair hearing and
141		-	administrative review, including deadlines for requesting an appeal; and
142		-	“(II) The continuation of FRSP services pending the
143		-	outcome of any fair hearing requested within 15 days of receipt of written notice of a
144		-	termination”.”
145		-
146		-	Sec. 5. Fiscal impact statement.
147		-	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact
148		-	statement required by section 4a of the General Legislative Procedures Act of 1975, approved
149		-	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
150		-
151		-	Sec. 6. Effective date.
152		-	(a) This act shall take effect following approval by the Mayor (or in the event of veto by
153		-	the Mayor, action by the Council to override the veto) and a 30-day period of congressional
154		-	review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved
155		-	December24, 1973 (87 Stat. 788; D.C. Official Code § 1-206.02(c)(1)).
156		-	(b) This act shall expire after 225 days of its having taken effect.
157		-
158		-
159		-
160		-	______________________________
161		-	Chairman
162		-	Council of the District of Columbia
	91	+	“(III) The participant has made a good faith effort towards 70
	92	+	the achievement of goals set forth in an individualized plan with the aim of a targeted 71
	93	+	progression towards exit from the supports of FRSP, as observed by the Service Provider at 72
	94	+	consistent intervals, but cannot yet sustain housing stability independently of the program; and 73
	95	+	“(IIIV) The participant has not yet been approved for 74
	96	+	permanently affordable housing. 75
	97	+	“(iii) When making a determination of whether to grant a 76
	98	+	participant in FRSP an extension beyond 12 months, the Department or Department's designee 77
	99	+	shall: 78
	100	+	“(I) Consider the totality of the circumstances; and 79
	101	+	“(II) Grant extensions of time in increments not greater 80
	102	+	than 6 months, with regular formal reviews every 3 months to ensure that participants are given 81
	103	+	the support necessary to exit the program with stable housing.” 82
	104	+	“(iv) If a requested extension of FRSP assistance by a participant is 83
	105	+	denied, the participant shall be given 30 days written notice prior to the final subsidy payment 84
	106	+	explicitly setting forth the reason for the denial of additional assistance and inform the 85
	107	+	participant that: 86
	108	+	“(I) The FRSP participant has a right to appeal the 87
	109	+	determination through a fair hearing and administrative review, including deadlines for 88
	110	+	requesting an appeal; and 89 ENGROSSED ORIGINAL
163	111
164	112
165	113
166	114
167		-
168		-	_________________________________
169		-	Mayor
170		-	District of Columbia
	115	+	5
	116	+	“(II) The FRSP participant has a right to continuation of 90
	117	+	FRSP services pending the outcome of any fair hearing requested within 15 days of receipt of 91
	118	+	written notice of a termination”.” 92
	119	+	Sec. 4. Sec. 5062(a) of the Fiscal Year 2024 Budget Support Emergency Act of 2024, 93
	120	+	passed on June 25, 2024 (Enrolled version of B25-0875), is amended to read as follows: 94
	121	+	“(a) Section 7(b)(4)(B) of the Homeless Services Reform Act, effective October 22, 95
	122	+	2005 (D.C. Law 16-35; D.C. Official Code § 4–753.01(b)(4)(B)), is amended as follows: 96
	123	+	(1) The existing text is designated as sub-subparagraph (i). 97
	124	+	(2) New sub-subparagraphs (ii), (iii), and (iv) are added to read as follows: 98
	125	+	“(ii) Notwithstanding other law, provided funding be available 99
	126	+	within the Family Re-Housing Stabilization Program (“FRSP”) to implement this sub-100
	127	+	subparagraphs and sub-subparagraphs (iii) and (iv) of this subparagraph, the Department of 101
	128	+	Human Services, or the Department’s designee, shall consider requests for FRSP assistance 102
	129	+	extending past 12 months if: 103
	130	+	“(I) The participant has requested an extension in writing; 104
	131	+	“(II) The participant has made a good faith effort towards 105
	132	+	the achievement of goals set forth in an individualized plan with the aim of a targeted 106
	133	+	progression towards exit from the supports of FRSP, as observed by the service provider at 107
	134	+	consistent intervals, but cannot yet sustain housing stability independently of the program; and 108 ENGROSSED ORIGINAL
171	135
172	136
173	137
	138	+
	139	+	6
	140	+	“(III) The participant has not yet been approved for 109
	141	+	permanently affordable housing. 110
	142	+	“(iii) When making a determination of whether to grant a 111
	143	+	participant in FRSP an extension beyond 12 months, the Department or Department's designee 112
	144	+	shall: 113
	145	+	“(I) Consider the totality of the circumstances; and 114
	146	+	“(II) Grant extensions of time in increments not greater 115
	147	+	than 6 months, with regular formal reviews every 3 months to ensure that participants are given 116
	148	+	the support necessary to exit the program with stable housing.” 117
	149	+	“(iv) If a requested extension of FRSP assistance by a participant is 118
	150	+	denied, the participant shall be given 30 days written notice prior to the final subsidy payment 119
	151	+	explicitly setting forth the reason for the denial of additional assistance and inform the 120
	152	+	participant that: 121
	153	+	“(I) The FRSP participant has a right to appeal the 122
	154	+	determination through a fair hearing and administrative review, including deadlines for 123
	155	+	requesting an appeal; and 124
	156	+	“(II) The FRSP participant has a right to continuation of 125
	157	+	FRSP services pending the outcome of any fair hearing requested within 15 days of receipt of 126
	158	+	written notice of a termination”.” 127
	159	+	Sec. 3. Applicability. 128 ENGROSSED ORIGINAL
	160	+
	161	+
	162	+
	163	+
	164	+	7
	165	+	This act shall apply as of July 10, 2024. 129
	166	+	Sec. 54. Fiscal impact statement. 130
	167	+	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 131
	168	+	statement required by section 4a of the General Legislative Procedures Act of 1975, approved 132
	169	+	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 133
	170	+	Sec. 65. Effective date. 134
	171	+	(a) This act shall take effect following approval by the Mayor (or in the event of veto by 135
	172	+	the Mayor, action by the Council to override the veto), a 30-day period of congressional review 136
	173	+	as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved 137
	174	+	December24, 1973 (87 Stat. 788; D.C. Official Code § 1-206.02(c)(1)), and publication in the 138
	175	+	District of Columbia Register. 139
	176	+	(b) This act shall expire after 225 days of its having taken effect. 140