7 | | - | AN ACT |
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8 | | - | |
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9 | | - | __________ |
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10 | | - | |
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11 | | - | IN THE COUNCIL OF THE DISTRICT OF COLUMBIA |
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12 | | - | |
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13 | | - | ____________________ |
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14 | | - | |
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15 | | - | |
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16 | | - | To amend the Homeless Services Reform Act of 2005 to establish grounds for an extension to |
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17 | | - | the Family Re-Housing Stabilization Program, whereby the Department of Human |
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18 | | - | Services or its designee will thoroughly consider the totality of the participant's |
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19 | | - | circumstances, including their progress and eligibility for affordable housing. |
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20 | | - | |
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21 | | - | BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this |
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22 | | - | act may be cited as the “Family Re-Housing Stabilization Program Protection Emergency |
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23 | | - | Amendment Act of 2023”. |
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24 | | - | |
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25 | | - | Sec. 2. Section 7(b)(4)(B) of the Homeless Services Reform Act of 2005, effective |
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26 | | - | October 22, 2005 (D.C. Law 16-35; D.C. Official Code § 4–753.01(b)(4)(B)), is amended as |
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27 | | - | follows: |
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28 | | - | (a) The existing text is designated as sub-subparagraph (i). |
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29 | | - | (b) New sub-subparagraphs (ii) and (iii) are added to read as follows: |
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30 | | - | “(ii) The Department, or the Department’s designee, shall consider |
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31 | | - | requests for Family Re-Housing Stabilization Program (“FRSP”) assistance extending past 12 |
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32 | | - | months if: |
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33 | | - | “(I) There is funding available within FRSP; |
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34 | | - | “(II) The participant has requested an extension in writing; |
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35 | | - | “(III) The participant has made a good faith effort towards |
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36 | | - | the achievement of goals set forth in an individualized plan with the aim of a targeted |
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37 | | - | progression towards exit from the supports of FRSP, as observed by the service provider at |
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38 | | - | consistent intervals, but cannot yet sustain housing stability independently of FRSP; and |
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39 | | - | “(IV) The participant has not yet been approved for |
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40 | | - | permanently affordable housing. |
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41 | | - | “(iii) When making a determination of whether to grant a |
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42 | | - | participant in FRSP an extension beyond 12 months, the Department or Department's designee |
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43 | | - | shall: |
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44 | | - | “(I) Consider the totality of the circumstances; and |
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45 | | - | “(II) Grant extensions of time in increments not greater |
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46 | | - | than 6 months, with regular formal reviews every 3 months to ensure that participants are given |
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47 | | - | the support necessary to exit FRSP with stable housing.” |
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48 | | - | “(iv) If a requested extension of FRSP assistance by a participant is |
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49 | | - | denied, the participant shall be given 30 days written notice prior to the final subsidy payment |
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50 | | - | ENROLLED ORIGINAL |
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51 | | - | |
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52 | | - | |
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53 | | - | |
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54 | | - | 2 |
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55 | | - | explicitly setting forth the reason for the denial of additional assistance and inform the |
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56 | | - | participant that the FRSP participant has a right to: |
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57 | | - | “(I) Appeal the determination through a fair hearing and |
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58 | | - | administrative review, including deadlines for requesting an appeal; and |
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59 | | - | “(II) The continuation of FRSP services pending the |
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60 | | - | outcome of any fair hearing requested within 15 days of receipt of written notice of a |
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61 | | - | termination.”. |
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62 | | - | |
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63 | | - | Sec. 3. Fiscal impact statement. |
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64 | | - | The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact |
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65 | | - | statement required by section 4a of the General Legislative Procedures Act of 1975, approved |
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66 | | - | October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). |
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67 | | - | |
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68 | | - | Sec. 4. Effective date. |
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69 | | - | This act shall take effect following approval by the Mayor (or in the event of veto by the |
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70 | | - | Mayor, action by the Council to override the veto), and shall remain in effect for no longer than |
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71 | | - | 90 days, as provided for emergency acts of the Council of the District of Columbia in section |
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72 | | - | 412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; |
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73 | | - | D.C. Official Code § 1-204.12(a)). |
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74 | | - | |
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75 | | - | |
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76 | | - | |
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77 | | - | |
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78 | | - | ______________________________ |
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79 | | - | Chairman |
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80 | | - | Council of the District of Columbia |
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81 | | - | |
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82 | | - | |
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83 | | - | |
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84 | | - | |
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85 | | - | |
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86 | | - | _________________________________ |
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87 | | - | Mayor |
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88 | | - | District of Columbia |
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89 | | - | |
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| 2 | + | _____________________________ 1 |
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| 3 | + | C ouncilmember Kenyan R. McDuffie 2 |
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| 4 | + | 3 |
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| 5 | + | 4 |
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| 6 | + | 5 |
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| 7 | + | 6 |
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| 8 | + | 7 |
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| 9 | + | 8 |
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| 10 | + | A PROPOSED RESOLUTION 9 |
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| 11 | + | _________________ 10 |
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| 12 | + | 11 |
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| 13 | + | IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 12 |
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| 14 | + | _________________________ 13 |
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| 15 | + | 14 |
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| 16 | + | To declare the existence of an emergency with respect to the need to provide equitable 15 |
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| 17 | + | real property tax relief to certain property owned by Grace Covenant Church 16 |
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| 18 | + | located on Lot 0800, Square 4138. 17 |
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| 19 | + | 18 |
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| 20 | + | 19 |
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| 21 | + | RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 20 |
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| 22 | + | resolution may be cited as the “ Grace Covenant Church Equitable Real Property Tax Relief 21 |
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| 23 | + | Emergency Declaration Resolution of 2023”. 22 |
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| 24 | + | Sec. 2. (a) Grace Covenant Church is a nondenominational church that was established in 23 |
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| 25 | + | Ward 5 in the Brookland neighborhood in 1999 (“Church”) . The congregation of the Church 24 |
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| 26 | + | assembled and worshipped in rented properties until the Church purchased its current property 25 |
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| 27 | + | on Lot 0800 in Square 4138 from Capital Temple Church of God in Christ in October 2019. The 26 |
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| 28 | + | goal of this purchase was to have a permanent home and to renovate and expand the space to 27 |
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| 29 | + | better accommodate the congregation, allow for community engagement, and create spaces for 28 |
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| 30 | + | children. 29 |
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| 31 | + | (b) The transfer of ownership terminated the real property tax exemption that had been 30 |
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| 32 | + | granted to the previous owner. The Church mistakenly thought that the tax exemption had 31 2 |
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| 33 | + | transferred through the sale as similar operations were continuing as the property changed hands 1 |
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| 34 | + | between the two churches. 2 |
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| 35 | + | (c) After receiving a tax bill, the Church filed an Application for Exemption from D.C. 3 |
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| 36 | + | Real Property Tax form in December 2021. The application was approved by the Office of Tax 4 |
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| 37 | + | and Revenue (“OTR”) and the exemption went into effect on January 1, 2022. Because the 5 |
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| 38 | + | Church was not eligible for an exemption until the application was filed, OTR could not grant an 6 |
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| 39 | + | exemption for prior periods. As a result, there currently remains an unpaid tax liability on the 7 |
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| 40 | + | Church property from tax year 2020 through a portion of tax year 2022. 8 |
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| 41 | + | (d) On April 28, 2023, Councilmember McDuffie introduced a permanent version of this 9 |
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| 42 | + | legislation and on June 28, 2023, the Committee on Business and Economic Development held a 10 |
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| 43 | + | hearing on the permanent version (Bill 25 -281). The hearing included questioning by Chairman 11 |
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| 44 | + | McDuffie to both the witness from the Church and a representative from the Office of the Chief 12 |
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| 45 | + | Financial Officer. At this hearing the Office of the Chief Financial Officer supported the 13 |
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| 46 | + | legislation. 14 |
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| 47 | + | (e) There is a need to pass this legislation via emergency because on October 1, 2023, the 15 |
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| 48 | + | Church will accrue more interest and fines on the unpaid tax liability. T o ensure that the amount 16 |
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| 49 | + | budgeted by the District for this legislation is used in the current fiscal year, the legislation will 17 |
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| 50 | + | need to be enacted before October 1. 18 |
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| 51 | + | Sec. 3. The Council determines that the circumstances enumerated in section 2 constitute 19 |
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| 52 | + | emergency circumstances making it necessary that the Grace Church Equitable Real Property 20 |
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| 53 | + | Tax Relief Emergency Act of 2023 be adopted after a single reading. 21 |
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| 54 | + | Sec. 4. This resolution shall take effect immediately. 22 |
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