District Of Columbia 2023 2023-2024 Regular Session

District Of Columbia Council Bill B25-0892 Introduced / Bill

Filed 07/08/2024

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   Councilmember Robert C. White, Jr. 2 
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A BILL 6 
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 11 
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To amend, on an emergency basis, the District of Columbia Housing Authority Act of 1999 to 15 
establish a temporary Stabilization and Reform Board to govern the District of Columbia 16 
Housing Authority (“DCHA”) and to require that the Board and the Executive Director of 17 
DCHA take specific actions to reform and revitalize the operations of DCHA. 18 
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 20 
act may be cited as the “District of Columbia Housing Authority Stabilization and Reform 21 
Emergency Amendment Act of 2024”. 22 
Sec. 2. The District of Columbia Housing Authority Act of 1999, effective May 9, 2000 23 
(D.C. Law 13-105; D.C. Official Code § 6-201 et seq.), is amended as follows:  24 
(a) Section 2 (D.C. Official Code § 6-201) is amended as follows:  25 
(1) Paragraph (6) is amended by striking the phrase “Board of Commissioners” 26 
and inserting the phrase “Stabilization and Reform Board” in its place.  27 
(2) Paragraph (12) is repealed.  28 
(3) A new paragraph (17A) is added to read as follows:  29 
“(17A) “Dwelling unit” means any room or group of rooms located within a 30 
residential or mixed-use building and forming a single unit that is used or intended to be used for 31 
living, sleeping, and the preparation and eating of meals.”.  32  2 
(b) Section 10(h) (D.C. Official Code § 6-	209(h)) is amended as follows:  33 
(1) Strike the phrase “or Commissioner of the Authority” and insert the phrase 34 
“member of the Board, or member of the former Board of Commissioners” in its place.  35 
(2) Strike the phrase “a Commissioner” and insert the phrase “a member of the 36 
Board, member of the former Board of Commissioners,” in its place.  37 
(c) New sections 11a, 11b, and 11c are added to read as follows:  38 
“Sec. 11a. Stabilization and Reform Board.  39 
“(a) The Authority shall, from and after the date set forth in subsection (i) of this section, 40 
be governed by a Stabilization and Reform Board, which shall consist of the following members:  41 
“(1) The following 9 voting members, each of whom shall be a resident of the 42 
District:  43 
“(A) One member with experience in housing development or operations;  44 
“(B) One member with experience in affordable housing development, 45 
operations, or finance;  46 
“(C) One member with knowledge of federal housing law and regulation;  47 
“(D) One member with experience in capital project financing;  48 
“(E) One member who is a resident of a property owned, operated, and 49 
managed by the Authority;  50 
“(F) One member with experience as a voucher holder;  51 
“(G) The current Executive Director of the Interagency Council on 52 
Homelessness;  53 
“(H) The Director of the District’s Office of Budget and Performance 54 
Management; and  55  3 
“(I) One member with experience in government procurement;  56 
“(2) The Chief Financial Officer, or a designee of the Chief Financial Officer who 57 
is an employee of the Office of the Chief Financial Officer, who shall serve as a non-voting 58 
member; and  59 
“(3) The President of the City-	Wide Resident Advisory Board, who shall serve as 60 
a non- voting member.  61 
“(b)(1) Except as provided in paragraph (2) of this subsection and subsections (c) and 62 
(f)(1) of this section, each member of the Stabilization and Reform Board shall be appointed by 63 
the Mayor, with the advice and consent of the Council pursuant to section 2(e) of the 64 
Confirmation Act of 1978, effective March 3, 1979 (D.C. Law 2-	142; D.C. Official Code § 1-65 
523.01(e)).  66 
“(2) The Director of the District’s Office of Budget and Performance 67 
Management and the Chief Financial Officer, or the Chief Financial Officer’s designee, shall 68 
serve as members of the Stabilization and Reform Board by virtue of their incumbency in the 69 
position of Director of the District’s Office of Budget and Performance Management and Chief 70 
Financial Officer or being an employee of the Office of the Chief Financial Officer.  71 
“(c) Notwithstanding subsection (b) of this section, the Mayor may appoint the following 72 
individuals to the Stabilization and Reform Board without the advice and consent of the Council 73 
pursuant to section 2(e) of the Confirmation Act of 1978, effective March 3, 1979 (D.C. Law 2-74 
142; D.C. Official Code § 1-	523.01(e)):  75 
“(1) Raymond A. Skinner, to fill the Board seat described in subsection (a)(1)(A) 76 
of this section and to serve as chairperson of the Stabilization and Reform Board;  77  4 
“(2) James M. Dickerson, to fill the Board seat described in subsection (a)(1)(B) 78 
of this section;  79 
“(3) Christopher Murphy, to fill the Board seat described in subsection (a)(1)(C) 80 
of this section;  81 
“(4) Melissa Lee, to fill the Board seat described in subsection (a)(1)(D) of this 82 
section;  83 
“(5) Denise Blackson, to  fill the Board sear described in subsection (a)(1)(E) of 84 
this section;  85 
“(6) Ronnie Harris, to fill the Board seat described in subsection (a)(1)(F) of this 86 
section;  87 
“(7) Theresa Silla, to fill the Board seat described in subsection (a)(1)(G) of this 88 
section; and  89 
“(8) Katrina D. Jones, to fill the Board seat described in subsection (a)(1)(I) of 90 
this section.  91 
“(d) The members of the Stabilization and Reform Board referred to in subsection 92 
(a)(1)(A) through (I) of this section shall each serve for one term of 2 years or until the Board 93 
sunsets; provided, that each such member may continue to serve until a successor board assumes 94 
the responsibilities of the Stabilization and Reform Board; provided further, that in the event of a 95 
vacancy in the seat of such a member of the Board, the Mayor may appoint a member, pursuant 96 
to subsection (b)(1) of this section, to serve the remainder of the unexpired term or until a 97 
successor board assumes the responsibilities of the Stabilization and Reform Board.  98  5 
“(e) Upon a vacancy in the position of chairperson of the Stabilization and Reform 99 
Board, the Mayor shall designate a chairperson from among the members of the Stabilization and 100 
Reform Board referred to in subsection (a)(1)(A) through (I) of this section.  101 
“(f)(1) Upon a vacancy of any seat of the Stabilization and Reform Board, the Mayor 102 
shall nominate a replacement who meets the qualifications of the vacant seat pursuant to 103 
subsection (a)(1) of this section; provided, that this shall not apply to the seat established by 104 
subsection (a)(1)(A) of this section. If the seat established by subsection (a)(1)(A) of this section 105 
becomes vacant, the Council shall appoint a successor.  106 
“(2) A Mayoral nomination shall be submitted to the Council pursuant to 107 
subsection (b)(1) of this section.  108 
“(g)(1) The Stabilization and Reform Board shall meet at least 10 times per year. All 109 
meetings of the Stabilization and Reform Board shall be open to the public, except as may 110 
otherwise be authorized by the Open Meetings Act, effective March 31, 2011 (D.C. Law 18-	350; 111 
D.C. Official Code § 2-	571 et seq.).  112 
“(2) All regular meetings of the Board must be publicized through a notice, 113 
published in the District of Columbia Register one week prior to the meeting that contains the 114 
date, time, and location of the meeting.  115 
“(3) Each regular meeting shall provide for a period of public comments, which 116 
shall not be limited in time, except that the time allowed for each individual speaker may be 117 
reasonably limited.  118 
“(h) For the purposes of taking any official action, a quorum of the Stabilization and 119 
Reform Board shall consist of 5 members.  120  6 
“(i) The Stabilization and Reform Board established by this section shall assume 121 
authority from the Board of Commissioners established by section 12, and the Board of 122 
Commissioners shall be dissolved, upon the swearing in of at least 5 members of the 123 
Stabilization and Reform Board.  124 
“(j) The Authority shall provide to the Stabilization and Reform Board at least 2 full-time 125 
employees who are qualified to provide legal and policy research as requested by members of the 126 
Board. Except as otherwise provided by law, a full-time employee provided to the Board 127 
pursuant to this subsection shall not share with employees of the Authority information about 128 
research performed for a Board member, unless the Board member 	authorizes the sharing of 129 
information.  130 
“Sec. 11b. Reform activities.  131 
“(a) Within 15 days after the end of each calendar quarter, the Executive Director shall, 132 
after submission to the Stabilization and Reform Board and the City-	Wide Resident Advisory 133 
Board, submit a report to the Mayor and the Council that describes the progress of the Authority 134 
in:  135 
“(1) Addressing and remediating the issues identified by the U.S. Department of 136 
Housing and Urban Development in its 2022 assessment of the Authority (	“HUD DC001 137 
Assessment”);  138 
“(2) Developing and implementing a plan to expedite the leasing of dwelling units 139 
owned, operated, or managed by the Authority;  140 
“(3) Identifying individual dwelling units within Housing Properties of the 141 
Authority that are in a substandard condition and improving the condition of such units to a state 142 
of good repair;  143  7 
“(4) Developing and implementing a plan for the maintenance, in an ongoing state 144 
of good repair, of Housing Properties of the Authority and individual dwellings units within 145 
those Housing Properties;  146 
“(5) Improving the management of the wait list for dwelling units within Housing 147 
Properties of the Authority;  148 
“(6)(A) Reviewing and developing recommendations for improvements of the 149 
Authority’s:  150 
“(i) Capital and operating budgets;  151 
“(ii) Capital and operating expenditures;  152 
“(iii) Accounting and fiscal management systems, controls, and 153 
procedures; and  154 
“(iv) Contracting and procurement systems, controls, and 155 
procedures.  156 
“(B) Requirements of this paragraph are subject to review by the Chief 157 
Financial Officer measured against industry and government standards and best practices; and 158 
“(7) Meeting the training requirements established by sections 12(h) and 14(d).  159 
“(b) In addition to the requirements of subsection (a) of this section, the Executive 160 
Director shall submit to the Council any updated policies, procedures, and reports provided to the 161 
United States Department of Housing and Urban Development as outlined in the Authority’s 162 
“Response to the U.S. Department of Housing and Urban Development’s March 2022 On-Site 163 
Assessment Report,” published on November 29, 2022. Such policies, procedures and reports 164 
shall be submitted no later than 48 hours after submission to the United States Department of 165 
Housing and Urban Development.  166  8 
“(c) The Stabilization and Reform Board shall:  167 
“(1) Review the progress of the Authority in addressing the findings and 168 
recommendations  in the United States Department of Housing and Urban Development’s 169 
assessment of the Authority (known as the “HUD DC001 Assessment”) each month; 170 
“(2) Schedule and complete at least 4 listening sessions, one in each quadrant, to 171 
hear from public housing residents about concerns and experiences by May 2023;  172 
“(3) At least once a quarter, invite the City-Wide Resident Advisory Board to 173 
report to the Board on any topics of interest or concerns, and respond to the concerns of the City-174 
Wide Resident Advisory Board in writing, no later than 45 days following the quarterly meeting; 175 
and  176 
“(4) Provide recommendations to the Mayor and the Council by July 1, 2024, for 177 
the structure of a successor Board of Directors to govern the Authority on an ongoing basis.  178 
“(d) If requested by the Council, a quorum of members of the Stabilization and Reform 179 
Board shall attend a Council oversight hearing on the Authority and provide testimony.  180 
“(e) A quorum of members of the Stabilization and Reform Board shall be present at each 181 
listening session held pursuant to subsection (c)(2) of this section.  182 
“Sec. 11c. City-Wide Resident Advisory Board.  183 
“(a) The Authority shall establish and implement a comprehensive training program for 184 
members of the City-Wide Resident Advisory Board with the goal of enabling tenant members to 185 
participate fully in the oversight of the housing authority’s operation and capital planning. The 186 
Authority shall develop the training program in consultation with public housing residents and 187 
public housing industry professional organizations.  188  9 
“(b)(1) The City-Wide Resident Advisory Board shall be provided access to trainings 189 
referenced in section 12(h)(1) and (2).  190 
“(2) Additionally, the Authority shall provide training on relevant federal and 191 
District laws, leadership development, communication, and negotiations.  192 
“(c) The Authority shall provide a copy of resolutions on the agenda for consideration by 193 
the Stabilization and Reform Board to the City-Wide Resident Advisory Board at least 24 hours 194 
prior to the scheduled date and time of the Stabilization and Reform Board meeting at which the 195 
resolution will be considered.  196 
“(d) The Authority shall seek and consider the input of the City-	Wide Resident Advisory 197 
Board when a policy or program change affects residents.”.  198 
(d) Section 12 (D.C. Official Code § 6-	211) is amended as follows:  199 
(1) The section heading is amended to read as follows:  200 
“Sec. 12. Additional Board provisions.”.  201 
(2) Subsections (a), (b), (c), (e), (f), (g), (i), (j), (k), (l), (m), (n), (o), (p), (q), 202 
(v)(3), and (w) are repealed.  203 
(3) Subsection (r) is amended by striking the phrase “No Commissioner” and 204 
inserting the phrase “No member of the Board” in its place.  205 
(4) Subsection (s) is amended by striking the phrase “Commissioners shall” and 206 
inserting the phrase “Each member of the Board referred to in section 11a(a)(1)(A) through (I) 207 
shall” in its place.  208 
(5) Subsection (u) is amended by striking the phrase “any Commissioner” and 209 
inserting the phrase “any member of the Board” in its place.  210 
(e) Section 14 (D.C. Official Code § 6-	213) is amended as follows:  211  10 
(1) Subsection (c) is amended by striking the phrase “direction and supervision” 212 
and inserting the word “oversight” in its place.  213 
(2) A new subsection (e) is added to read as follows:  214 
“(e) As part of the process of selecting an Executive Director, the Board shall seek and 215 
consider the input of public housing residents, voucher holders, and the resident advisory board 216 
for the Authority.”.  217 
(f) Section 21 (D.C. Official Code § 6-	220) is amended as follows:  218 
(1) The section heading is amended by striking the phrase “Board of 219 
Commissioners” and inserting the word “Board” in its place.  220 
(2) Subsection (a) is amended by striking the phrase “each Commissioner” and 221 
inserting the phrase “each member of the Board” in its place.  222 
(3) Subsection (b) is amended as follows:  223 
(A) Strike the phrase “as a Commissioner” and insert the phrase “as a 224 
member of the Board or a member of the former Board of Commissioners” in its place.  225 
(B) Strike the phrase “former Commissioner” and insert the phrase 226 
“former member of the Board or former member of the former Board of Commissioners” in its 227 
place.  228 
(C) Strike the phrase “as Commissioner” and insert the phrase “as a 229 
member of the Board or a member of the former Board of Commissioners” in its place.  230 
(D) Strike the phrase “any former Commissioner” and insert the phrase 231 
“any former member of the Board or former member of the former Board of Commissioners” in 232 
its place.  233  11 
(4) Subsection (c) is amended by striking the phrase “any Commissioner” and 234 
inserting the phrase “any member of the Board” in its place.  235 
(g) Section 26g(b)(2)(C) (D.C. Official Code § 6-232(b)(2)(C)) is amended by striking 236 
the phrase “resident commissioner and to vote for candidates for resident commissioner to serve 237 
on the Board, as provided in section 12” and inserting the phrase “resident commissioner” in its 238 
place. 239 
Sec. 3. Conforming amendment. 240 
Section 2(e) of the Confirmation Act of 1978, effective March 3, 1979 (D.C. Law 2-	142; 241 
D.C. Official Code § 1-	523.01(e)), is amended by adding a new paragraph (27A) to read as 242 
follows: 243 
“(27A) The Stabilization and Reform Board of the District of Columbia Housing 244 
Authority, established by section 11a of the District of Columbia Housing Authority Act of 1999, 245 
effective December 22, 2022 (	D.C. Act 24- 702; 70 DCR 164);”. 246 
Sec. 4. Applicability. 247 
This act shall apply as of December 22, 2022. 248 
Sec. 5. Fiscal impact statement. 249 
The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 250 
statement required by section 4a of the General Legislative Procedures Act of 1975, approved 251 
October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-	301.47a). 252 
Sec. 6. Effective date. 253 
This act shall take effect following approval by the Mayor (or in the event of veto by the 254 
Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 255 
90 days, as provided for emergency acts of the Council of the District of Columbia in section 256  12 
412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; 257 
D.C. Official Code § 1-	204.12(a)). 258