1 1 Councilmember Robert C. White, Jr. 2 3 4 5 6 7 A BILL 8 __________ 9 10 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 11 ____________________ 12 13 To amend, on an emergency basis, due to congressional review the Fiscal Year 2024 Budget 14 Support Act of 2024, the Fiscal Year 2024 Revised Local Budget Act of 2024, and the 15 Fiscal Year 2024 Budget Support Emergency Act of 2024 to establish grounds for an 16 extension to the Family Re -Housing Stabilization Program (FRSP), whereby the 17 Department or its designee will thoroughly consider the totality of the participant's 18 circumstances, including their progress and eligibility for affordable housing, should 19 funding be available in the program to do so. 20 21 BE IT ENACTED BY THE COUN CIL OF THE DISTRICT OF COLUMBIA, That this 22 Act may be cited as the “ Family Re-Housing Stabilization Program Protection Congressional 23 Review Emergency Amendment Act of 2024”. 24 Sec. 2. Sec. 5062(a) of the Fiscal Year 2025 Budget Support Act of 2024, passed on 2nd 25 reading on June 25, 2024 (Enrolled version of B25-0784), is amended to read as follows: 26 “(a) Section 7(b)(4)(B) of the Homeless Services Reform Act, effective October 22, 27 2005 (D.C. Law 16-35; D.C. Official Code § 4–753.01(b)(4)(B)), is amended as follows: 28 (1) The existing text is designated as sub-subparagraph (i). 29 (2) New sub-subparagraphs (ii), (iii) , and (iv) are added to read as follows: 30 “(ii) Notwithstanding other law, provided that funding be available 31 within the Family Re-Housing Stabilization Program (“FRSP”) to implement this sub-32 subparagraph and sub-subparagraphs (iii) and (iv) of this subparagraph, the Department of 33 2 Human Services, or the Department’s designee, shall consider requests for FRSP assistance 34 extending past 12 months if: 35 “(I) The participant has requested an extension in writing; 36 “(II) The participant has made a good faith effort towards 37 the achievement of goals set forth in an individualized plan with the aim of a targeted 38 progression towards exit from the supports of FRSP, as observed by the s ervice provider at 39 consistent intervals, but cannot yet sustain housing stability independently of the program; and 40 “(III) The participant has not yet been approved for 41 permanently affordable housing. 42 “(iii) When making a determination of whether to grant a 43 participant in FRSP an extension beyond 12 months, the Department or Department's designee 44 shall: 45 “(I) Consider the totality of the circumstances; and 46 “(II) Grant extensions of time in increments not greater 47 than 6 months, with regular formal reviews every 3 months to ensure that participants are given 48 the support necessary to exit the program with stable housing.” 49 “(iv) If a requested extension of FRSP assistance by a participant is 50 denied, the participant shall be given 30 days written notice prior to the final subsidy payment 51 explicitly setting forth the reason for the denial of additional assistance and inform the 52 participant that: 53 “(I) The FRSP participant has a right to appeal the 54 determination through a fair hearing and administrative review, including deadlines for 55 requesting an appeal; and 56 3 “(II) The FRSP participant has a right to continuation of 57 FRSP services pending the outcome of any fair hearing requested within 15 days of receipt of 58 written notice of a termination”.” 59 Sec. 3. Section 11(a) of the Fiscal Year 2024 Revised Local Budget Adjustment 60 Emergency Act of 2024, passed on June 12, 2024 (Enrolled version of Bill 25-787), is amended 61 to read as follows: 62 “(a) Section 7(b)(4)(B) of t he Homeless Services Reform Act, effective October 22, 2005 63 (D.C. Law 16-35; D.C. Official Code § 4–753.01(b)(4)(B) ), is amended as follows: 64 (1) The existing text is designated as sub-subparagraph (i). 65 (2) New sub-subparagraph s (ii), (iii), and (iv) are added to read as follows: 66 “(ii) Notwithstanding other law, provided that funding be available 67 within the Family Re-Housing Stabilization Program (“FRSP”) to implement this sub-68 subparagraph and sub-subparagraphs (iii) and (iv) of this subparagraph, Tt he Department of 69 Human Services, or the Department’s designee, shall consider requests for FRSP assistance 70 extending past 12 months if: 71 “(I) The participant has requested an extension in writing; 72 “(II) The participant has made a good faith effort towards 73 the achievement of goals set forth in an individualized plan with the aim of a targeted 74 progression towards exit from the supports of FRSP, as observed by the service provider at 75 consistent intervals, but cannot yet sustain housing stability independently of the program; and 76 “(I II) The participant has not yet been approved for 77 permanently affordable housing. 78 4 “(iii) When making a determination of whether to grant a 79 participant in FRSP an extension beyond 12 months, the Department or Department's designee 80 shall: 81 “(I) Consider the totality of the circumstances; and 82 “(II) Grant extensions of time in increments not greater 83 than 6 months, with regular formal reviews every 3 months to ensure that participants are given 84 the support necessary to exit the program with stable housing.” 85 “(iv) If a requested extension of FRSP assistance by a participant is 86 denied, the participant shall be given 30 days written notice prior to the final subsidy payment 87 explicitly setting forth the reason for the denial of additional assistance and inform the 88 participant that: 89 “(I) The FRSP participant has a right to appeal the 90 determination through a fair hearing and administrative review, including deadlines for 91 requesting an appeal; and 92 “(II) The FRSP participant has a right to continuation of 93 FRSP services pending the outcome of any fair hearing requested within 15 days of receipt of 94 written notice of a termination”.” 95 Sec. 4. Sec. 5062(a) of the Fiscal Year 2024 Budget Support Emergency Act of 2024, 96 passed on June 25, 2024 (Enrolled version of B25-0875), is amended to read as follows: 97 “(a) Section 7(b)(4)(B) of the Homeless Services Reform Act, effective October 22, 98 2005 (D.C. Law 16- 35; D.C. Official Code § 4–753.01(b)(4)(B)), is amended as follows: 99 (1) The existing text is designated as sub- subparagraph (i). 100 (2) New sub-subparagraphs (ii), (iii), and (iv) are added to read as follows: 101 5 “(ii) Notwithstanding other law, provided funding be available 102 within the Family Re-Housing Stabilization Program (“FRSP”) to implement this sub-103 subparagraphs and sub- subparagraphs (iii) and (iv) of this subparagraph, the Department of 104 Human Services, or the Department’s designee, shall consider requests for FRSP assistance 105 extending past 12 months if: 106 “(I) The participant has requested an extension in writing; 107 “(II) The participant has made a good faith effort towards 108 the achievement of goals set forth in an individualized plan with the aim of a targeted 109 progression towards exit from the supports of FRSP, as observed by the s ervice provider at 110 consistent intervals, but cannot yet sustain housing stability independently of the program; and 111 “(III) The participant has not yet been approved for 112 permanently affordable housing. 113 “(iii) When making a determination of whether to grant a 114 participant in FRSP an extension beyond 12 months, the Department or Department's designee 115 shall: 116 “(I) Consider the totality of the circumstances; and 117 “(II) Grant extensions of time in increments not greater 118 than 6 months, with regular formal reviews every 3 months to ensure that participants are given 119 the support necessary to exit the program with stable housing.” 120 “(iv) If a requested extension of FRSP assistance by a participant is 121 denied, the participant shall be given 30 days written notice prior to the final subsidy payment 122 explicitly setting forth the reason for the denial of additional assistance and inform the 123 participant that: 124 6 “(I) The FRSP participant has a right to appeal the 125 determination through a fair hearing and administrative review, including deadlines for 126 requesting an appeal; and 127 “(II) The FRSP participant has a right to continuation of 128 FRSP services pending the outcome of any fair hearing requested within 15 days of receipt of 129 written notice of a termination”.” 130 Sec. 5. Fiscal impact statement. 131 The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 132 statement required by section 4a of the General Legislative Procedures Act of 1975, approved 133 October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a). 134 Sec. 6. E ffective date. 135 This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, 136 action by the Council to override the veto), and shall remain in effect for no longer than 90 days, as 137 provided for emergency acts of the Council of the District of Columbia in section 412(a) of the District of 138 Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; D.C. Official Code § 1-139 204.12(a)). 140