District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill PR25-0371 Compare Versions

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61 1
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 Homeless Services Reform Act of 2005 to establish grounds for an extension to
17-the Family Re-Housing Stabilization Program, whereby the Department of Human
18-Services or its designee will thoroughly consider the totality of the participant's
19-circumstances, including their progress and eligibility for affordable housing.
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21-BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
22-act may be cited as the “Family Re-Housing Stabilization Program Protection Emergency
23-Amendment Act of 2023”.
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25-Sec. 2. Section 7(b)(4)(B) of the Homeless Services Reform Act of 2005, effective
26-October 22, 2005 (D.C. Law 16-35; D.C. Official Code § 4–753.01(b)(4)(B)), is amended as
27-follows:
28-(a) The existing text is designated as sub-subparagraph (i).
29-(b) New sub-subparagraphs (ii) and (iii) are added to read as follows:
30-“(ii) The Department, or the Department’s designee, shall consider
31-requests for Family Re-Housing Stabilization Program (“FRSP”) assistance extending past 12
32-months if:
33-“(I) There is funding available within FRSP;
34-“(II) The participant has requested an extension in writing;
35-“(III) The participant has made a good faith effort towards
36-the achievement of goals set forth in an individualized plan with the aim of a targeted
37-progression towards exit from the supports of FRSP, as observed by the service provider at
38-consistent intervals, but cannot yet sustain housing stability independently of FRSP; and
39- “(IV) The participant has not yet been approved for
40-permanently affordable housing.
41- “(iii) When making a determination of whether to grant a
42-participant in FRSP an extension beyond 12 months, the Department or Department's designee
43-shall:
44-“(I) Consider the totality of the circumstances; and
45-“(II) Grant extensions of time in increments not greater
46-than 6 months, with regular formal reviews every 3 months to ensure that participants are given
47-the support necessary to exit FRSP with stable housing.”
48- “(iv) If a requested extension of FRSP assistance by a participant is
49-denied, the participant shall be given 30 days written notice prior to the final subsidy payment
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55-explicitly setting forth the reason for the denial of additional assistance and inform the
56-participant that the FRSP participant has a right to:
57-“(I) Appeal the determination through a fair hearing and
58-administrative review, including deadlines for requesting an appeal; and
59-“(II) The continuation of FRSP services pending the
60-outcome of any fair hearing requested within 15 days of receipt of written notice of a
61-termination.”.
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63-Sec. 3. Fiscal impact statement.
64-The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact
65-statement required by section 4a of the General Legislative Procedures Act of 1975, approved
66-October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
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68-Sec. 4. Effective date.
69-This act shall take effect following approval by the Mayor (or in the event of veto by the
70-Mayor, action by the Council to override the veto), and shall remain in effect for no longer than
71-90 days, as provided for emergency acts of the Council of the District of Columbia in section
72-412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788;
73-D.C. Official Code § 1-204.12(a)).
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78-______________________________
79-Chairman
80-Council of the District of Columbia
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86-_________________________________
87-Mayor
88-District of Columbia
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2+ _____________________________ 1
3+ C ouncilmember Kenyan R. McDuffie 2
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10+A PROPOSED RESOLUTION 9
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13+IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 12
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16+To declare the existence of an emergency with respect to the need to provide equitable 15
17+real property tax relief to certain property owned by Grace Covenant Church 16
18+located on Lot 0800, Square 4138. 17
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21+ RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 20
22+resolution may be cited as the “ Grace Covenant Church Equitable Real Property Tax Relief 21
23+Emergency Declaration Resolution of 2023”. 22
24+Sec. 2. (a) Grace Covenant Church is a nondenominational church that was established in 23
25+Ward 5 in the Brookland neighborhood in 1999 (“Church”) . The congregation of the Church 24
26+assembled and worshipped in rented properties until the Church purchased its current property 25
27+on Lot 0800 in Square 4138 from Capital Temple Church of God in Christ in October 2019. The 26
28+goal of this purchase was to have a permanent home and to renovate and expand the space to 27
29+better accommodate the congregation, allow for community engagement, and create spaces for 28
30+children. 29
31+(b) The transfer of ownership terminated the real property tax exemption that had been 30
32+granted to the previous owner. The Church mistakenly thought that the tax exemption had 31 2
33+transferred through the sale as similar operations were continuing as the property changed hands 1
34+between the two churches. 2
35+ (c) After receiving a tax bill, the Church filed an Application for Exemption from D.C. 3
36+Real Property Tax form in December 2021. The application was approved by the Office of Tax 4
37+and Revenue (“OTR”) and the exemption went into effect on January 1, 2022. Because the 5
38+Church was not eligible for an exemption until the application was filed, OTR could not grant an 6
39+exemption for prior periods. As a result, there currently remains an unpaid tax liability on the 7
40+Church property from tax year 2020 through a portion of tax year 2022. 8
41+ (d) On April 28, 2023, Councilmember McDuffie introduced a permanent version of this 9
42+legislation and on June 28, 2023, the Committee on Business and Economic Development held a 10
43+hearing on the permanent version (Bill 25 -281). The hearing included questioning by Chairman 11
44+McDuffie to both the witness from the Church and a representative from the Office of the Chief 12
45+Financial Officer. At this hearing the Office of the Chief Financial Officer supported the 13
46+legislation. 14
47+ (e) There is a need to pass this legislation via emergency because on October 1, 2023, the 15
48+Church will accrue more interest and fines on the unpaid tax liability. T o ensure that the amount 16
49+budgeted by the District for this legislation is used in the current fiscal year, the legislation will 17
50+need to be enacted before October 1. 18
51+Sec. 3. The Council determines that the circumstances enumerated in section 2 constitute 19
52+emergency circumstances making it necessary that the Grace Church Equitable Real Property 20
53+Tax Relief Emergency Act of 2023 be adopted after a single reading. 21
54+Sec. 4. This resolution shall take effect immediately. 22