Chapter 2. District of Columbia Housing Authority.

Subchapter I. District of Columbia Housing Authority, 1999.

§ 6–201. Definitions.

*NOTE: This section includes amendments by emergency legislation that will expire on October 24, 2024. To view the text of this section after the expiration of all emergency and temporary legislation affecting this section, click this link: Permanent Version.*

For the purposes of this chapter, the term:

(1) “Act” means this chapter.

(2) Repealed.

(3) “Apprehension” means the act of seizing or arresting a suspect.

(3A) “Area median income” means:

(A) For a household of 4 persons, the area median income for a household of 4 persons in the Washington Metropolitan Statistical Area as set forth in the periodic calculation provided by the United States Department of Housing and Urban Development;

(B) For a household of 3 persons, 90% of the area median income for a household of 4 persons;

(D) For a household of one person, 70% of the area median income for a household of 4 persons;

(E) For a household of more than 4 persons, the area median income for a household of 4 persons, increased by 10% of the area median income for a family of 4 persons for each household member exceeding 4 persons (e.g., the area median income for a family of 5 shall be 110% of the area median income for a family of 4; the area median income for a household of 6 shall be 120% of the area median income for a family of 4).

(4) “Arrest” means the act of seizing and charging a suspect with the commission of a crime or violation.

(5) “Authority” means the District of Columbia Housing Authority.

(6) “Board” means the Stabilization and Reform Board of the District of Columbia Housing Authority.

(7) “Book” means to enter an official charge against an arrested suspect on a police register.

(7A) “Capper/Carrollsburg Public Improvements” means the infrastructure, including streets, sidewalks, walkways, streetscapes, curbs, gutters, and gas, electric, and water utility lines, and other publicly-owned infrastructure, and the relocation, construction, and redevelopment of certain public facilities located within or serving the Capper/Carrollsburg PILOT Area designated pursuant to § 47-4611.

(7B) Repealed.

(8) “Central labor council” means the regional umbrella federation of all local AFL-CIO unions, including most of the private, federal, and public sector unions in the District of Columbia.

(9) “Chief Financial Officer” or “CFO” means the Chief Financial Officer of the District as established by § 1-204.24a(a).

(10) “City-Wide Resident Council Advisory Board” means the group consisting of the President of each Resident Council and not more than 15 members selected by the residents.

(11) “Council” means the Council of the District of Columbia.

(12) Repealed.

(13) “Day” or “Days” means a calendar day or days.

(13A) “Development costs” means all costs and expenses incurred by or on behalf of the District of Columbia or the Authority relating to the development, redevelopment, purchase, acquisition, protection, financing, construction, expansion, reconstruction, restoration, rehabilitation, renovation, repair, furnishing, equipping, and operating of the Capper/Carrollsburg Public Improvements, including:

(A) The costs of demolishing or removing buildings or structures on, and site preparation of, land acquired or used for, or in connection with, the Capper/Carrollsburg Public Improvements;

(B) Costs of relocation, construction, and redevelopment of the Capper/Carrollsburg Public Improvements;

(D) Interest prior to, and during, construction and for a period as may be necessary for the operation of the Capper/Carrollsburg Public Improvements;

(E) Provisions for reserves for principal and interest, capitalized interest, and extraordinary repairs and replacements;

(F) Expenses incurred for architectural, engineering, energy efficiency technology, design and consulting, financial, and legal services;

(G) Fees for letters of credit, bond insurance, debt service reserve insurance, surety bonds, or similar credit or liquidity enhancement instruments;

(H) Costs and expenses associated with the conduct and preparation of specification and feasibility studies, plans, surveys, historic structure reports, and estimates of expenses and revenues;

(I) Expenses necessary or incident to the District of Columbia or the Authority issuing bonds, notes, or other obligations to finance the acquisition, construction, or redevelopment of the Capper/Carrollsburg Public Improvements and determining the feasibility and the fiscal impact of financing the acquisition, construction, or redevelopment of the Capper/Carrollsburg Public Improvements; and

(J) The provision of a proper allowance for contingencies and initial working capital.

(14) “District” means the District of Columbia.

(15) “DCHAPD” means the District of Columbia Housing Authority Police Department, the duly constituted police department of the District of Columbia Housing Authority established under § 6-223.

(16) “District government” means the Government of the District of Columbia.

(16A) “Domestic partner” shall have the same meaning as provided in § 32-701(3).

(17) “DPAH” means the former Department of Public and Assisted Housing of the District.

(17A) "Dwelling unit" means any room or group of rooms located within a residential or mixed-use building and forming a single unit that is used or intended to be used for living, sleeping, and the preparation and eating of meals.

(18) “Execute” means to carry out or perform all necessary formalities to effect or enforce the directions of a court order, court decree, or warrant.

(19) “Executive Director” means the Executive Director of the Authority.

(19A) “Extremely-low income” means an individual or family whose gross income does not exceed 30% of the area median income.

(19B) “For-profit activities” means ancillary activities to the main activities of the District of Columbia Housing Authority, such as retail, commercial office, manufacturing, or recreational real property development activities undertaken by for-profit entities intended to support or contribute to the financial viability of Housing Properties, but does not include residential real property development activities.

(20) “Fund” means the District of Columbia Housing Authority Fund established by § 6-202.

(21) “General Counsel” means the Officer employed as the general counsel of the Authority.

(22) “General Population Housing” means a housing community that includes or may include non-elderly singles, families, residents with disabilities, and elderly residents.

(23) “Housing Act of 1937” means the United States Housing Act of 1937, approved September 1, 1937 (50 Stat. 888; 42 U.S.C. § 1401 et seq.).

(23A) “Housing Choice Voucher Program” means the federal housing program authorized by section 8 of the United States Housing Act of 1937, approved September 1, 1937 (50 Stat. 888; 42 U.S.C. § 1437(f) et seq.), and administered in the District of Columbia by the District of Columbia Housing Authority.

(24) “Housing Finance Agency” or “HFA” means the District of Columbia Housing Finance Agency established by the Housing Finance Agency Act.

(25) “Housing Finance Agency Act” means Chapter 27 of Title 42 of the D.C. Official Code.

(26) “Housing Property” or “Housing Properties” means housing and related facilities for persons of low- and moderate-income, including housing and related facilities for the elderly, and housing and related facilities for people with disabilities; and housing, community facilities, and other properties intended to support or contribute to the financial viability of such housing and related facilities: (A) owned, operated, or managed by the Authority, or (B) the development or administration of which is assisted by the Authority.

(27) “HUD” means the United States Department of Housing and Urban Development.

(28) “Low-income families” or “persons of low-income” means families or persons whose incomes do not exceed 80% of the median area income in and for the Washington Metropolitan Area or shall be such other meaning as shall be established by HUD in the Housing Act of 1937.

(29) “Mayor” means the Mayor of the District of Columbia.

(30) “Members of the DCHAPD” means those persons who are employed as police officers and special police officers by the Authority.

(31) “Metropolitan Police Department” means the District of Columbia Metropolitan Police Department or Metropolitan Police Force.

(32) “Mixed-Income Community” means a housing development which includes rental or homeownership units made available to persons or families of varying incomes and which includes Public-Housing-Assisted Units.

(33) “Mixed Population Housing” means a housing community that includes elderly and non-elderly residents with disabilities.

(34) “Moderate-income families” or “persons of moderate-income” means families or persons whose incomes do not exceed 115% of the median area income in and for the Washington Metropolitan Area, or shall have such other meaning as may from time to time be established by HUD in the Housing Act of 1937.

(35) “Obligations” means revenue bonds, notes, mortgages, or other obligations (including refunding bonds, notes, or other obligations) to finance or refinance the undertakings of the Authority pursuant to this chapter.

(36) “Officer” means an Authority employee who is in a decision-making or supervisory position.

(36A) “Partnership Program for Affordable Housing” means the District of Columbia Housing Authority Program described in Chapter 93 of Title 14 of the District of Columbia Municipal Regulations.

(37) “Personnel Act” means Chapter 6 of Title 1 of the D.C. Official Code.

(38) “Power of arrest” means the ability to seize and arrest an alleged or suspected offender to answer for a crime.

(39) “Procurement Act” means Unit A of Chapter 3 of Title 2 of the D.C. Official Code.

(39A) “Project-based voucher assistance” means funds attached to a particular building, or set of buildings, owned and operated by a private or nonprofit housing provider.

(40) “Public Employee Relations Board” or “PERB” means the District of Columbia Public Employee Relations Board established under § 1-605.01.

(41) “Public-Housing-Assisted Unit” means any unit that is developed, operated, or maintained in whole or in part with federally-appropriated housing funds, including capital or revitalization funds and operating subsidy funds.

(42) “Receiver” means the receiver appointed to oversee the District of Columbia Housing Authority, operating pursuant to the order entered in Pearson v. Kelly, 92-CA-14030 (Sup. Ct. D.C. May 19, 1995).

(42A) “Rent Supplement Program” means the program established under § 6-226 to provide housing assistance to extremely low-income District residents, including those who are homeless and those in need of supportive services, such as elderly individuals or those with disabilities.

(43) “Resident” means any individual who resides in a dwelling unit in a Public-Housing Assisted Unit as a signatory on a lease for said dwelling unit; is identified on the lease as a member of the family of the individual who is the signatory on the lease; or is a resident as defined in the Housing Act of 1937.

(43A) “Sponsor-based voucher assistance” means funds allocated under contract to a particular private or nonprofit housing provider to subsidize the rent, in units owned and operated by the provider, for a maximum number of households established by contract.

(43B) “Supportive housing” means housing provided in connection with voluntary services designed primarily to help tenants maintain housing, including coordination or case management, physical and mental health, substance use management and recovery support, job training, literacy and education, youth and children’s programs, and money management.

(43C) "Tenant-based voucher assistance" means housing subsidy payments provided for households with extremely low incomes or histories of homelessness to pay all or a portion of the household's rent in privately owned housing units in the District.

(44) “Weapon” means an instrument or device for offensive or defensive combat, or anything used, or designed to be used, for the purpose of harming, threatening, damaging, or injuring a person or property.

(May 9, 2000, D.C. Law 13-105, § 2, 47 DCR 1325; Apr. 12, 2005, D.C. Law 15-337, § 2(a), 52 DCR 2278; Mar. 2, 2007, D.C. Law 16-192, § 2142(a), 53 DCR 6899; Apr. 24, 2007, D.C. Law 16-305, § 19(a), 53 DCR 6198; Mar. 20, 2008, D.C. Law 17-118, § 102(a), 55 DCR 1461; Sept. 12, 2008, D.C. Law 17-231, § 15(a), 55 DCR 6758; Mar. 25, 2009, D.C. Law 17-353, § 302, 56 DCR 1117; May 2, 2015, D.C. Law 20-271, § 254(a), 62 DCR 1884; Nov. 13, 2021, D.C. Law 24-45, § 2042(a), 68 DCR 010163; July 26, 2024, D.C. Act 25-545, § 2(a), 71 DCR 9975; Sept. 18, 2024, D.C. Law 25-217, § 2022(a), 71 DCR 9990.)

Effect of Amendments

D.C. Law 15-337 added par. (19A).

D.C. Law 16-192 added pars. (3A), (19A), (23A), (36A), (39A), (42A), (43A), and (43B).

D.C. Law 16-305 substituted “residents with disabilities” for “disabled residents”, throughout the section.

D.C. Law 17-118 added pars. (7A) and (13A).

D.C. Law 17-231 added par. (16A).

D.C. Law 17-353 validated previously made technical corrections in the designation of pars. (19A) and (19B).

The 2015 amendment by D.C. Law 20-271 repealed (2), defining “Advisory Committee.”

Applicability

Section 4 of D.C. Law 24-329 provided that the amendments made to this section by D.C. Law 24-329 shall apply on the date that the Stabilization and Reform Board assumes authority for the governance of the Authority, as provided in § 6-210.01(i).

Section 4 of D.C. Act 24-702 provided that the amendments made to this section by D.C. Law 24-702 shall apply on the date that the Stabilization and Reform Board assumes authority for the governance of the Authority, as provided in § 6-210.01|(i).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(a) of District of Columbia Housing Authority Stabilization and Reform Emergency Amendment Act of 2024 (D.C. Act 25-545, July 26, 2024, 71 DCR 9975).

For temporary (90 days) amendment of this section, see § 2022(a) of Fiscal Year 2025 Budget Support Emergency Act of 2024 (D.C. Act 25-506, July 15, 2024, 71 DCR 8406).

For temporary (90 days) amendment of this section, see § 2(a) of District of Columbia Housing Authority Stabilization and Reform Congressional Review Emergency Amendment Act of 2023 (D.C. Act 25-345, Jan. 4, 2024, 71 DCR 650).

For temporary (90 days) amendment of this section, see § 2(a) of District of Columbia Housing Authority Stabilization and Reform Emergency Amendment Act of 2023 (D.C. Act 25-232, Oct. 11, 2023, 70 DCR 13776).

For temporary (90 days) amendment of this section, see § 2(a) of District of Columba Housing Authority Stabilization and Reform Emergency Amendment Act of 2022 (D.C. Act 24-702, Dec. 22, 2022, 70 DCR 164).

For temporary (90-day) addition of §§ 5-151 to 5-172 1981 Ed., see §§ 2 to 23 of the District of Columbia Housing Authority Emergency Act of 1999 (D.C. Act 13-259, February 9, 2000, 47 DCR 1129).

For temporary (90-day) addition of §§ 5-151 to 5-172 1981 Ed., see §§ 2 to 23 of the District of Columbia Housing Authority Congressional Review Emergency Act of 2000 (D.C. Act 13-346, June 5, 2000, 47 DCR 4980).

For temporary (90 day) amendment of section, see § 2(a) of District of Columbia Housing Authority Revitalization Projects Emergency Amendment Act of 2004 (D.C. Act 15-552, October 26, 2004, 51 DCR 10356).

For temporary (90 day) amendment of section, see § 2(a) of District of Columbia Housing Authority Revitalization Projects Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-36, February 17, 2005, 52 DCR 3026).

For temporary (90 day) amendment of section, see § 2142(a) of Fiscal Year 2007 Budget Support Emergency Act of 2006 (D.C. Act 16-477, August 8, 2006, 53 DCR 7068).

For temporary (90 day) amendment of section, see § 2142(a) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2006 (D.C. Act 16-499, October 23, 2006, 53 DCR 8845).

For temporary (90 day) amendment of section, see § 2142(a) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2007 (D.C. Act 17-1, January 16, 2007, 54 DCR 1165).

For temporary (90 day) amendment of section, see § 2 of Local Rent Supplement Program Emergency Amendment Act of 2008 (D.C. Act 17-306, February 22, 2008, 55 DCR 2518).

For temporary (90 day) amendment of section, see § 102(a) of Arthur Capper/Carrollsburg Public Improvement Revenue Bonds Technical Correction Emergency Act of 2008 (D.C. Act 17-318, March 19, 2008, 55 DCR 3418).

For temporary (90 day) amendment of section, see § 2(a) of Local Rent Supplement Program Second Emergency Amendment Act of 2008 (D.C. Act 17-684, January 12, 2009, 56 DCR 1111).

For temporary (90 days) amendment of this section, see § 254(a) of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-7, Feb. 26, 2015, 62 DCR 2646, 21 STAT 807).

For temporary (90 days) amendment of this section, see § 254(a) of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Emergency Amendment Act of 2014 (D.C. Act 20-481, Nov. 18, 2014, 61 DCR 12133, 20 STAT 4405).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2(a) of District of Columbia Housing Authority Stabilization and Reform Temporary Amendment Act of 2023 (D.C. Law 25-92, Dec. 19, 2023, 70 DCR 14439).

For temporary (225 days) amendment of this section, see § 2(a) of District of Columbia Housing Authority Stabilization and Reform Temporary Amendment Act of 2022 (D.C. Law 24-329, Mar. 10, 2023, 70 DCR 1029).

For temporary (225 day) amendment of section, see § 2(a) of District of Columbia Housing Authority Revitalization Projects Temporary Amendment Act of 2004(D.C. Law 15-260, March 17, 2005, law notification 52 DCR 4372).

For temporary (225 day) amendment of section, see § 2 of Local Rent Supplement Program Temporary Amendment Act of 2008 (D.C. Law 17-164, May 13, 2008, law notification 55 DCR 6252).

Section 2(a) of D.C. Law 17-382, in par. (43A), substituted “units owned, leased, or operated” for “units owned and operated”.

Section 4(a) of D.C. Law 17-382 provided that the act shall expire after 225 days of its having taken effect.

Short Title

Short title: Section 2141 of D.C. Law 16-192 provided that subtitle L of title II of the act may be cited as the “D.C. Housing Authority Rent Supplement Act of 2006”.

§ 6–202. Establishment of District of Columbia Housing Authority; purposes of Authority; Fund.

(a) There is established, as an independent authority of the District government, the District of Columbia Housing Authority. The Authority shall be a corporate body, intended, created, and empowered to effectuate the purposes stated in this chapter, and shall have a legal existence separate from the District government. The Authority shall be the successor in interest to the housing authority created by subchapter II of Chapter 2 of Title 6 [repealed]. All real and personal property, assets, records, and obligations, and all unexpended balances of appropriations, allocations, and other funds available or to be made available relating to the powers, duties, functions, operations, and administration of the DPAH and of the authority created under subchapter II of Chapter 2 of Title 6 shall become the property of the Authority on May 9, 2000, without further action.

(b) The Authority shall govern public housing and implement the Housing Act of 1937 in the District, and shall be responsible for providing decent, safe, and sanitary dwellings, and related facilities, for persons and families of low-and moderate-income in the District.

(b-1)(1)(A) Beginning on December 1, 2022, and monthly thereafter, the Authority shall submit a report to the Mayor, Attorney General, and each Councilmember that details:

(i) The amount of operating reserves, expressed in dollars and in months of expenses, for the public housing program, Housing Choice Voucher Program, and the Authority's operations overall;

(ii) The number of vacant public housing units classified by repair status, such as move-in ready, repairs in progress, and offline due to major repair needs;

(iii) The average length of time that public housing units have been vacant in the prior year, by repair status; and

(iv) A detailed accounting of expenses paid for with District funds in the prior month and the expenses budgeted for payment with District funds in the remainder of the fiscal year.

(B) In lieu of a monthly report, the Authority may provide the Mayor, Attorney General, and each Councilmember with access to an online database through which the above reports can be generated.

(2) If HUD designates the Authority as a Standard Performer or High Performer in HUD's Public Housing Assessment System or if the Authority demonstrates that the lack of such a designation is solely due to the presence of HUD's Moving to Work agreement with the Authority, the requirements of paragraph (1) of this subsection shall be waived for 12 months from the date such designation was received from HUD or documented by the Authority.

(c) There is established the District of Columbia Housing Authority Fund ("Authority Fund"), which shall be a proprietary fund in the nature of an enterprise fund as classified under § 47-373 and administered by the Authority in accordance with generally accepted accounting principles. All revenues, rents, proceeds, and monies, from whatever source derived, that are collected or received by the Authority shall be credited to the Authority Fund and shall not at any time be transferred to, lapse into, or be commingled with the General Fund of the District or any other fund or account of the District; provided, that funds may be paid out of the Authority Fund to the District Treasurer to pay for goods, services, or property, or other things of value, if any, purchased by the Authority from the District.

(c-1)(1) There is established as a special fund the DCHA Rehabilitation and Maintenance Fund ("R&M Fund"), which shall be administered by the Office of the Chief Financial Officer ("OCFO"). Once the Authority has provided documentation of planned encumbrances and expenditures consistent with the authorized uses of the R&M Fund, the OCFO shall advance funds to the Authority for use in accordance with paragraphs (3) and (4) of this subsection.

(2) Revenue from the following sources shall be deposited in the R&M Fund:

(A) $15 million of one-time resource allocated in Fiscal Year 2016 from existing resources within the Authority;

(B) Annual appropriations; and

(D) Pursuant to § 42-2857.01(e)(1C)(D), revenue from the sale of property disposed of by the Department of Housing and Community Development.

(3) Money in the R&M Fund shall be used for maintenance, repair, and rehabilitation projects that will increase the availability of public housing units for existing District of Columbia residents listed on the Authority's waitlist or prevent existing residents from being displaced; provided, that in Fiscal Year 2020, the Authority shall expend no less than $1 million on the repair and maintenance of public housing properties located within the boundaries of Ward 1.

(4) Money in the R&M Fund shall not be used to fund:

(A) Any major rehabilitation or maintenance on any occupied unit set to be demolished or otherwise removed from the Authority inventory within 9 months, other than to protect the health or safety of tenants;

(B) Any repair, maintenance, or rehabilitation of any vacant unit planned to be demolished or otherwise removed from the Authority inventory within 9 months; and

(C) Any administrative or overhead costs not directly and specifically attributable to maintenance, repair, and rehabilitation projects.

(5)(A) The money deposited into the R&M Fund, and interest earned, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.

(B) Subject to authorization in an approved budget and financial plan, any funds appropriated in the R&M Fund shall be continually available without regard to fiscal year limitation.

(6) By March 1 of each year, the Authority shall submit a report to the Mayor and to each Councilmember that details:

(A) The number of vacant public housing units within the District, and, for each unit, the address and unit number, the needed repairs for the unit, and a budget for renovating the unit;

(A-i) The number and location of units that were made available to new tenants during the prior year, including the number that were made available to existing District residents; and

(B) Identification of the following:

(i) The address of each public housing unit to be repaired, rehabilitated, or renovated;

(ii) The nature of the repair, rehabilitation, or renovation to be undertaken;

(iii) The number of residents, if any, in each unit to be repaired, rehabilitated, or renovated, including adults and children;

(iv) The estimated cost of the repair, rehabilitation, or renovation to be performed; and

(v) The share of the estimated cost, if any, to be financed by the federal government.

(d) Notwithstanding subsection (c) of this section, or any other provision of this chapter, any funds provided to the Authority from the local revenues of the District shall be held separate and apart from the Authority Fund and shall be held and expended for the use and benefit of the District for the purposes and uses provided in the approved budget and financial plan. The Authority shall expend, and account for the expenditure of, funds in the same manner as all other agencies of the District government. At the end of each fiscal year, except as provided in subsection (c-1)(2)(C) of this section, the unexpended amount of such funds shall revert to the fund balance of the General Fund of the District of Columbia.

§ 6–203. General powers of the Authority.

In order that the Authority may fulfill its purposes to the fullest extent possible, it is hereby empowered and authorized to:

(1) Acquire real and personal property by purchase, lease, transfer, gift, exchange, or otherwise, or by power of eminent domain as herein conferred;

(2) Hold, own, operate, lease, and manage: real property and the improvements thereon; personal property; funds; accounts; and other assets related to the Authority’s purposes;

(3) Establish rules and regulations governing entrance onto Housing Properties; to charge unauthorized persons on the grounds of Housing Properties with unauthorized entry; and to issue orders barring unauthorized persons from the grounds of Housing Properties;

(4) Lease, sell, pledge, encumber, mortgage, convey, dispose of, or otherwise transfer: rights and interests in real property and the improvements thereon; personal property; funds; accounts; and other assets related to the Authority’s purposes;

(5) Construct, reconstruct, improve, repair, rehabilitate, revitalize, operate, lease, and maintain Housing Properties, including assisted-living developments; Mixed-Income Communities; Mixed-Population Housing; home ownership; condominium or cooperative units; family rental developments; housing for the elderly and residents with disabilities; special needs housing and other improvements related to or supporting any or all of the foregoing; and to contract with others for the performance of such activities;

(6) Demolish unsafe, unsound, unsanitary, or obsolete Housing Properties or other structures in connection with the fulfillment of the purposes of this chapter and in accordance with applicable federal laws and regulations; and to contract with others to perform such demolition;

(7) Lease, operate, manage, and maintain Housing Properties in furtherance of its purposes;

(8) Issue Obligations pursuant to the provisions of this chapter;

(9) Apply for, accept, receive, and utilize funds from public and private sources in the form of gifts, grants, or loans;

(10) Provide grants, guarantees, and loans in connection with the development, construction, reconstruction, repair, improvement, operation, leasing, purchase, or sale of Housing Properties;

(11) Sue and be sued in its own name;

(12) Adopt and implement administrative procedures which shall be in compliance with subchapters I and II of Chapter 5 of Title 2, and all other applicable laws and regulations;

(13) Adopt and administer personnel policies and procedures, including grievance procedures, subject to collective bargaining for bargaining unit employees;

(14) Employ an Executive Director, a financial officer, and such other Officers, agents, and employees as it may require;

(15) Employ its own General Counsel, and to employ special counsel from time to time as needed;

(16) Adopt and administer its own procurement and contracting policies and procedures in accordance with § 6-219;

(17) Enter into contracts, joint ventures, or other cooperative arrangements with the District, the United States of America, other public entities, or private entities in furtherance of its purposes; provided, that:

(A) Prior to the Authority contracting out to a private entity a service or activity performed by employees of the Authority, through established standards developed by rules and regulations, the Authority shall establish that the contracting out will achieve increased efficiencies and cost savings to the Authority over the duration of the contract of at least 5%;

(B) The Authority shall establish procedures for permitting employees to submit bids or proposals to contract with the Authority as appropriate and in accordance with procurement and contracting policies and procedures established under § 6-219;

(C) Any contractor who is awarded a contract that displaces Authority employees shall offer to any displaced employee a right-of-first refusal to employment by the contractor, in a comparable available position for which the employee is qualified, for at least a 6-month period during which the employee shall not be discharged without cause; and

(D) If the employee’s performance during the 6-month period required by subparagraph (C) of this paragraph is satisfactory, the contractor shall offer the employee continued employment under the terms and conditions established by the contractor;

(18) Negotiate collective bargaining agreements with labor organizations;

(19) Establish nonprofit and for-profit corporations, partnerships, limited liability companies, and other entities to act in furtherance of its purposes;

(20) Create a distinctive design and numbering system for identification of Authority motor vehicles and other property, including a DCHAPD license tag which shall be affixed to the license plates of the DCHAPD vehicles at the Authority’s expense;

(21) Develop, establish, adopt, and administer a personnel system, and publish rules and regulations setting forth minimum standards for all employees, including appointments, promotions, discipline, grievance, separation, compensation, employee disability and death benefits, leave, retirement, health and life insurance, and preferences. With regard to Authority employees who are covered by a collective bargaining agreement, all such personnel rules, regulations, and standards shall only be applicable to such employees by agreement between their collective bargaining representative and the Authority;

(22) Exercise any power customarily possessed by public enterprises or private corporations performing similar functions, and to undertake any and all other activities as may be reasonably necessary or appropriate in connection with the furtherance and accomplishment of the Authority’s mission, that are not in conflict with the laws of the District; and

(23) To petition the Mayor to acquire property through eminent domain in accordance with D.C. Official Code §§ 16-1311 to 16-1321.

(May 9, 2000, D.C. Law 13-105, § 4, 47 DCR 1325; Apr. 24, 2007, D.C. Law 16-305, § 19(b), 53 DCR 6198.)

Section References

This section is referenced in § 4-756.01.

Effect of Amendments

D.C. Law 16-305, in par. (5), substituted “residents with disabilities” for “disabled”.

Emergency Legislation

For temporary (90-day) addition of section, see notes following § 6-201.

Editor's Notes

Section 2 of D.C. Law 17-364 provided:

“Sec. 2. Housing waiting list elimination plan.

“(a) Within 90 days of the effective date of this act, the Mayor shall develop and submit to the Council for approval a comprehensive plan to eliminate the District of Columbia Housing Authority’s current waiting list of individuals seeking housing choice vouchers and placement in public housing by January 1, 2011.

“(b) The plan shall identify local funding for, but not limited to, the local rent supplement program and the production of new public housing units to create new housing options for the over 25,000 individuals currently on the waiting list.

“(c) The plan shall also identify a strategy for the District to pursue additional federal, private, and other funding for this purpose.

“(d) The plan shall identify a strategy and make recommendations to prevent the waiting list from reaching current levels in the future.

“(e) In developing the plan, the Mayor shall consult and collaborate with appropriate public and private agencies, institutions, and organizations in the District of Columbia.”

§ 6–204. Tax exemption.

(a) All assets and income of the Authority and all Housing Properties (whether or not owned or operated by the Authority) shall be exempt from District taxation, subject to the conditions contained in subsection (b) of this section and the approval required by subsection (c) of this section. Absent an agreement with the Authority approved by the Council, for-profit activities shall not be exempt from District taxation.

(b) The Authority is empowered to negotiate tax exemption agreements concerning for-profit activities. These tax exemption agreements shall be limited to full or partial relief from the following District taxes: property, income, and sales. The maximum duration of any tax exemption agreement under this section shall be 5 years.

(c) Before a tax exemption agreement involving for-profit activities can become effective, legislation for this purpose shall be submitted to the Council for approval by act.

(May 9, 2000, D.C. Law 13-105, § 5, 47 DCR 1325; Apr. 12, 2005, D.C. Law 15-337, § 2(b), 52 DCR 2278.)

Effect of Amendments

D.C. Law 15-337, in subsecs. (a) and (b), substituted “for-profit activities” for “for-profit activities involving Housing Properties”.

Emergency Legislation

For temporary (90-day) addition of section, see notes following § 6-201.

For temporary (90 day) amendment of section, see § 2(b) of District of Columbia Housing Authority Revitalization Projects Emergency Amendment Act of 2004 (D.C. Act 15-552, October 26, 2004, 51 DCR 10356).

For temporary (90 day) amendment of section, see § 2(b) of District of Columbia Housing Authority Revitalization Projects Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-36, February 17, 2005, 52 DCR 3026).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(b) of District of Columbia Housing Authority Revitalization Projects Temporary Amendment Act of 2004(D.C. Law 15-260, March 17, 2005, law notification 52 DCR 4372).

§ 6–205. Limitation on actions against Authority.

(a) An action may not be maintained against the Authority for damages to property or personal injuries unless, within 6 months after the date on which the damage or injury was sustained, the claimant, or the claimant’s agent or attorney, gives notice in writing to the Executive Director of the approximate time, place, cause, and circumstances of the damage or injury. Any claim of which the Authority is not given notice in accordance with this provision shall be forever waived and barred.

(b) Notwithstanding any provision of law to the contrary, the Authority shall be entitled to the same number of days to which the District is entitled, as the same may change from time to time, for answering any complaint or other process served upon it.

(c) Execution or other judicial process shall not issue against real property owned in whole or in part by the Authority, nor shall any judgment against the Authority be a charge or lien upon real property owned in whole or in part by the Authority. This subsection shall not apply to or limit the right to foreclose or otherwise enforce any mortgage on property of the Authority or the right to pursue any remedies for the enforcement of any security interest or lien given by the Authority on its rents, fees, and revenues.

(d) The District government, its officers, departments, agencies, or other units of government shall not be liable for damages for any action, or failure to take action, by the Authority or its officers, employees, or agents. Notwithstanding any other provision of this chapter, the District government shall not be liable for any note or other obligation (including any mortgage or other agreement securing the indebtedness) entered into by the Authority in the acquisition, financing, or refinancing of the indebtedness of, real or personal, property.

§ 6–206. Representation.

The Authority shall be represented by its General Counsel and other attorneys, as necessary, and, notwithstanding any other provision of law, shall not be subject to the oversight of the Corporation Counsel for the District government.

§ 6–207. Office of Audit and Compliance.

The Authority shall establish an Office of Audit and Compliance. The Office of Audit and Compliance shall conduct independent fiscal and management audits of the Authority’s operations; other special audits, examinations, or other assignments; and civil and criminal investigations. The Office of Audit and Compliance shall comply with all federal requirements with respect to audits and investigations of federal programs and shall be the Authority’s liaison for the General Accounting Office and the Office of the Inspector General of HUD.

§ 6–207.01. Independent annual audit.

(a)(1) Except as provided in subsection (b) of this section, by February 1 of each year, the Authority shall submit to the Council a complete financial statement and report for the preceding fiscal year, which shall be prepared according to generally accepted accounting principles and audited by the Inspector General of the District of Columbia pursuant to § 1-301.115a(e-1).

(2) The report shall include as a basic statement a comparison of audited actual year-end results with the anticipated revenues as submitted to the Council in the proposed budget and the appropriations enacted into law for such year, using the format, terminology, and classifications contained in the law that makes the appropriations for the year and the legislative history of such law.

(b) If the Chief Financial Officer of the District of Columbia and Inspector General of the District of Columbia include some or all of the finances of the Authority in the annual audited financial report submitted pursuant to § 1-204.48(a)(4), the requirements of subsections (a) of this section shall apply only to any portions of the Authority's finances omitted from such report.

§ 6–208. Exemption from court fees and costs.

(a) The Authority and any Officer acting therefor shall not be required to pay court costs, filing fees, or any other fees in any court in and for the District.

(b) Neither the Authority nor any Officer acting in his or her official capacity for the Authority shall be required to give a bond or enter into an undertaking to perfect an appeal or to obtain an injunction or other writ, process, or order in or of any court in the District for which a bond or undertaking is required by law or rule of court.

§ 6–209. Power to issue bonds, notes and other obligations.

(a) Pursuant to § 1-204.90, subject to the restrictions of this chapter, the Council delegates to the Authority the power to issue revenue bonds, notes, and other obligations to finance, refinance, or assist in the financing or refinancing of any undertaking of the Authority in the area of housing that is in furtherance, and not inconsistent with, the purposes of this chapter. Nothing in this chapter shall be construed as restricting, impairing, or superseding the authority otherwise vested in the HFA. Each such issuance shall be authorized by a resolution of the Authority and the Authority shall send a copy of the resolution to the Chairman of the Council and the Mayor. The resolution shall describe the nature of the project; the benefits designed to result therefrom, as related to the public purposes of the Authority; and the criteria under which funds will be made available.

(b) The Board shall determine, by enactment of an eligibility resolution, that a housing project or homeownership program contemplated to be financed through a bond issuance meets the requirements of this chapter. Subsequent to enactment of an eligibility resolution, the Authority shall send to the Chairman of the Council and the Mayor written notification thereof, describing the nature of the housing project, the benefits designed to result therefrom as related to the public purposes of the Authority, and the criteria under which funds will be made available.

(c) Each notification transmitted to the Chairman of the Council and the Mayor shall set forth information pertaining to the following:

(1) Date of application;

(2) Name and description of the project;

(3) Address and ward location of the project;

(4) Developer of the project;

(5) Amount and type of financing requested;

(6) Amount and type of federal or District funds involved; and

(7) The number of units reserved for very-low, low-, and moderate-income persons; income restrictions; and rent levels.

(d)(1) The Authority may not adopt an inducement resolution or a resolution authorizing a bond issuance to fund a project nor may the Authority implement a proposed housing program submitted in accordance with this section unless the proposal has been submitted to the Council for a 30-day review period, excluding Saturdays, Sundays, holidays, and days of Council recess. During the Council review period, comments of the Council representative from the affected ward shall be considered.

(2) If, during the 30-day review period, the Council does not adopt a resolution disapproving the proposal, the Authority may take action to implement the proposal. The Council may adopt a resolution approving the proposal prior to the expiration of the 30-day period, in which case the Authority may take immediate action to implement the proposal.

(e) If a proposal is disapproved, the resolution shall state the reasons for disapproval. The Authority staff may modify the proposal to address the concerns expressed in the resolution of disapproval and may, without further action of the Board, resubmit the proposal, as modified, for a 30-day review period, excluding Saturdays, Sundays, holidays, and days of Council recess. If, during the 30-day review period, the Council does not adopt a resolution disapproving the resubmitted proposal, the Authority may take action to implement the proposal. The Council may adopt a resolution approving the resubmitted proposal prior to the expiration of the 30-day review period, in which case the Authority may take immediate action to implement the proposal. For the purposes of this section, the term “proposal” shall include financing for housing projects and programs.

(f) The Obligations shall be obligations payable solely from revenues of the Authority, from whatever source derived, including lease or loan payments, dedicated revenues, earnings on the Fund, and any other funds available to the Authority which may be used for such purposes in accordance with applicable law. The Authority may expressly provide additional security by pledge or contribution from any source not proscribed by Title 47 of the District of Columbia Official Code.

(g) Regardless of their form or character, the Obligations shall be negotiable instruments for all purposes of Article 9 of Subtitle I of Title 28, subject only to the specific provisions of the bonds and notes pertaining to registration.

(h) No Officer, employee, member of the Board, or member of the former Board of Commissioners shall be held personally liable solely because an Obligation is issued. The Authority shall indemnify any person who shall have served as a member of the Board, member of the former Board of Commissioners, Officer, or employee of the Authority against financial loss or litigation expense arising out of or in connection with any claim or suit involving allegations that pecuniary harm has been sustained as a result of any transaction authorized by this section, unless the person is found by a final judicial determination not to have acted in good faith and for a purpose which he reasonably believed to be lawful and in the best interest of the Authority.

(i) The issuance and servicing of Obligations by the Authority as contemplated in this section and the adoption of resolutions authorizing the issuance of Obligations shall be done in compliance with the requirements of this chapter, but shall not be subject to the requirements of §§ 2-502 through 2-510, or any successor legislation.

(j) The Authority shall have the power to borrow money and to issue Obligations regardless of whether or not the interest payable by the Authority under such loans or Obligations or the income derived by the holders of such loans or Obligations is, for the purposes of federal taxation, includable in the taxable income of the recipients of these payments or is otherwise not exempt from the imposition of taxation on the recipients. Whenever expedient, the Authority may refund Obligations, including Obligations previously issued by other than the Authority, by the issuance of new Obligations, regardless of whether or not the Obligations to be refunded have matured. The Authority may also issue Obligations for a combination of refund, renewal, and financing programs authorized by HUD or this chapter.

(k) The Authority shall have the power to contract with the holders of its Obligations as to the custody, collection, securing, investment, and payment of any monies of the Authority and of any monies held in trust or otherwise for the payment of the Obligations, subject to applicable provisions of federal law regarding a program for which Obligations were issued.

(l) The Authority may treat expenses incurred in carrying out a trust indenture as operating expenses.

(m) The Authority shall not issue Obligations pursuant to this chapter unless it has transmitted a written request, which shall be accompanied by a completed application in the form prescribed by HFA, to the HFA that the HFA, pursuant to the Housing Finance Agency Act, issue revenue bonds, notes, or other obligations to finance an undertaking of the Authority, and the HFA has:

(1) Affirmatively declined such request in writing within 30 calendar days of receipt of the request;

(2) Failed to adopt an eligibility resolution pursuant to § 42-2702.07(a) within 45 calendar days after receipt of the request;

(3) Failed to transmit the eligibility resolution to the Council pursuant to § 42-2702.07(a) within 10 business days after the approval of the eligibility resolution by the Board of Directors of the HFA; or

(4) Failed, after adoption of an eligibility resolution as set forth in paragraph (2) of this subsection and the authorization of the proposal by the Council (whether by express approval or failure to disapprove) pursuant to § 42-2702.07(b)(3) or (c), to adopt a bond resolution authorizing issuance of the revenue bonds, notes, or other obligations to fund the undertaking of the Authority within 45 days after authorization of the proposal by the Council.

(n)(1) Notwithstanding the provisions of subsections (b), (c), (d), and (e) of this section, the Authority may, without submission to Council, adopt inducement resolutions or resolutions authorizing issuance of bonds, notes, or other obligations and, pursuant to this section, may issue bonds, notes, or other obligations to finance, refinance, or reimburse development costs of the Capper/Carrollsburg Public Improvements undertaken by the Authority. The issuance of bonds, notes, or other obligations by or on behalf of the Authority to finance, refinance, or reimburse development costs of the Capper/Carrollsburg Public Improvements is in furtherance of, and not inconsistent with, the purposes of this chapter.

(2) The bonds, notes, or other obligations issued under this section may be secured, in whole or in part, by:

(A) The note, and security provided therefor, issued by the District of Columbia pursuant to the PILOT Authorization Increase and Arthur Capper/Carrollsburg Public Improvements Revenue Bonds Approval Act of 2006, effective March 8, 2007 (D.C. Law 16-244; 54 DCR 609), and § 1-204.90; and

(B) Available revenues, assets, or other property of the Authority, subject to pre-existing agreements with HUD.

§ 6–210. Terms for sale of Obligations.

(a) The Authority may stipulate, by resolution, the terms for sale of its Obligations in accordance with this chapter, subject to applicable federal law and the requirements of any annual contribution contract or other agreement between the Authority and HUD. Such terms may include the following:

(1) The date of issuance;

(2) The maturity date;

(3) The designation of issuance as term bonds, serial bonds, or a combination of the two;

(4) The denomination;

(5) Any interest rate or rates, or variable interest rate or rates changing from time to time, or premium or discount applicable;

(6) The registration privileges;

(7) The medium and method for payment; and

(8) The terms of redemption.

(b) The Authority may sell its Obligations at public or private sale and may determine the price for sale.

(c) A resolution authorizing the sale of Obligations may contain any of the following provisions, in which case these provisions shall be made part of the contract with holders of the Obligations:

(1) The custody, security, expenditure, or application of proceeds of the sale of Obligations of the Authority (“proceeds”); a security interest in the proceeds to secure payment; and the rank or priority of the security interest, subject to preexisting agreements with holders of the Obligations;

(2) A security interest in Authority revenues to secure payment and the rank or the priority of the security interest, subject to preexisting agreements with holders of the Obligations;

(3) A security interest in assets of the Authority, including mortgages and obligations securing mortgages, to secure payment, and the rank or priority of the security interest, subject to preexisting agreements with holders of the Obligations;

(4) The proposed use of gross income from any mortgages owned by the Authority and the payment of principal of mortgages owned by the Authority;

(5) The proposed use of reserves or sinking funds;

(6) Any limitations on the issuance of additional Obligations, including terms of issuance and security, and the refunding of outstanding or other Obligations;

(7) Procedures for amendment or abrogation of a contract with holders of the Obligations, specifying the amount of Obligations, including the manner in which the holders must give consent to such amendment or abrogation;

(8) Any vesting in a trustee of property, power, or duties, which may include the powers and duties of a trustee appointed by holders of the Obligations;

(9) Limitations or abrogations of the rights of holders of the Obligations to appoint a trustee;

(10) A definition of the events of default in the Obligations of the Authority to the holders of the Obligations and specification of the rights and remedies of the holders of the Obligations in the event of default, including the right to the appointment of a receiver in accordance with this section and applicable District law; and

(11) Any other provisions of like or different character which affect the security of holders of the Obligations.

(d) Notwithstanding Article 9 of Subtitle I of Title 28, any security interest created by the Authority shall be valid, binding, and perfected from the time such security interest is created, with or without the physical delivery of any funds or any other property and with or without any further action. Such security interest shall be valid, binding, and perfected whether or not any statement, document, or instrument relating to such security interest is recorded or filed. The lien created by such security interest is valid, binding, and perfected with respect to any individual or legal entity having claims against the Authority, whether or not such individual or legal entity has notice of such lien.

(e) The signature of any authorized Officer of the Authority which appears on an Obligation remains valid and binding upon the Authority if that person ceases to hold office.

(f) The Authority shall secure the Obligations by a trust indenture between the Authority and a corporate trustee which is a trust company within the District.

(g) A trust indenture of the Authority shall contain provisions for protecting and enforcing the rights and remedies of the holders of the Obligations in accordance with the provisions of the resolution authorizing the sale of the Obligations.

(h) Subject to preexisting agreements with the holders of the Obligations, the Authority may purchase its own Obligations, which may then be canceled. The price the Authority pays to purchase its own Obligations shall not exceed the following limits:

(1) If the Obligations are redeemable, the price may not exceed the redemption price then applicable, plus accrued interest to the next-due interest payment; or

(2) If the Obligations are not redeemable, the price may not exceed the price applicable on the first date following the purchase upon which the Obligations become subject to redemption, plus accrued interest to that date.

(i) The Authority may establish special or reserve funds in furtherance of its authority under this chapter. Subject to agreements with holders of the Obligations, the Authority shall manage its own funds, and may invest funds not required for disbursement in a manner the Board deems to be prudent; provided, that no investment shall be made which causes the interest on the Obligations to be taxable if such interest is intended to be tax-exempt.

(j) The Obligations of the Authority are legal instruments in which public officers and public bodies of the District; insurance companies, insurance company associations, and other persons carrying on an insurance business; banks, bankers, and banking institutions, including savings and loan institutions, trust companies, savings banks, savings associations, investment companies, and other persons carrying on a banking business; administrators, guardians, executors, trustees, and other fiduciaries; and other persons authorized to invest in bonds or in other obligations of the District may legally invest funds, including capital, in their control. The Obligations are also securities which legally may be deposited with and received by public officers and public bodies of the District or any agency of the District for any purpose for which the deposit of bonds or other obligations of the District is authorized by law.

(k) The Obligations issued under the provisions of this chapter do not constitute obligations of the District, but are payable solely from the revenues or assets of the Authority. Each Obligation issued under this chapter must contain on its face a statement to this effect, and a notation that neither the faith and credit nor the taxing power of the District are pledged to the payment of the principal of, or interest on, the Obligation.

(l) Income from the Obligations issued by the Authority shall be exempt from District taxation, except that it shall remain subject to estate and gift taxation.

(m) On or before December 31 of each year, the Authority shall transmit an estimate to the HFA of the total amount of tax-exempt revenue bond financing for all undertakings of the Authority which it reasonably expects the HFA to finance in the following calendar year. The HFA shall include the amount requested in its request to the Mayor for tax-exempt bond volume cap allocation. To the extent that any allocation is received for an undertaking of the Authority, and remains unused for a period of 2 years, the HFA may allocate such amounts to other projects of the HFA.

(n) The District warrants to the Authority, with regard to any and all Obligations issued by the Authority, and to the holders of such Obligations, that the District will not limit or alter rights vested in the Authority to fulfill agreements made with holders of the Obligations, nor in any way impair the rights and remedies available to the holders of the Obligations, until the Obligations and the interest thereon, together with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceedings brought by or on behalf of the holders of the Obligations, have been fully met, paid, and discharged. The Authority is authorized to include this pledge of the District in any agreement with the holders of the Obligations.

§ 6–210.01. Stabilization and Reform Board.

*NOTE: This section was created by emergency legislation that will expire on October 24, 2024.*

(a) The Authority shall, from and after the date set forth in subsection (i) of this section, be governed by a Stabilization and Reform Board, which shall consist of the following members:

(1) The following 9 voting members, each of whom shall be a resident of the District:

(A) One member with experience in housing development or operations;

(B) One member with experience in affordable housing development, operations, or finance;

(D) One member with experience in capital project financing;

(E) One member who is a resident of a property owned, operated, and managed by the Authority;

(F) One member with experience as a voucher holder;

(G) The current Executive Director of the Interagency Council on Homelessness;

(H) The Director of the District's Office of Budget and Performance Management; and

(I) One member with experience in government procurement;

(2) The Chief Financial Officer, or a designee of the Chief Financial Officer who is an employee of the Office of the Chief Financial Officer, who shall serve as a non-voting member; and

(3) The President of the City-Wide Resident Advisory Board, who shall serve as a non-voting member.

(b)(1) Except as provided in paragraph (2) of this subsection and subsections (c) and (f)(1) of this section, each member of the Stabilization and Reform Board shall be appointed by the Mayor, with the advice and consent of the Council pursuant to § 1-523.01(e).

(2) The Director of the District's Office of Budget and Performance Management and the Chief Financial Officer, or the Chief Financial Officer's designee, shall serve as members of the Stabilization and Reform Board by virtue of their incumbency in the position of Director of the District's Office of Budget and Performance Management and Chief Financial Officer or being an employee of the Office of the Chief Financial Officer.

(c) Notwithstanding subsection (b) of this section, the Mayor may appoint the following individuals to the Stabilization and Reform Board without the advice and consent of the Council pursuant to § 1-523.01(e):

(1) Raymond A. Skinner, to fill the Board seat described in subsection (a)(1)(A) of this section and to serve as chairperson of the Stabilization and Reform Board;

(2) James M. Dickerson, to fill the Board seat described in subsection (a)(1)(B) of this section;

(3) Christopher Murphy, to fill the Board seat described in subsection (a)(1)(C) of this section;

(4) Melissa Lee, to fill the Board seat described in subsection (a)(1)(D) of this section;

(5) Denise Blackson, to fill the Board sear described in subsection (a)(1)(E) of this section;

(6) Ronnie Harris, to fill the Board seat described in subsection (a)(1)(F) of this section;

(7) Theresa Silla, to fill the Board seat described in subsection (a)(1)(G) of this section; and

(8) Katrina D. Jones, to fill the Board seat described in subsection (a)(1)(I) of this section.

(d) The members of the Stabilization and Reform Board referred to in subsection (a)(1)(A) through (I) of this section shall each serve for one term of 2 years or until the Board sunsets; provided, that each such member may continue to serve until a successor board assumes the responsibilities of the Stabilization and Reform Board; provided further, that in the event of a vacancy in the seat of such a member of the Board, the Mayor may appoint a member, pursuant to subsection (b)(1) of this section, to serve the remainder of the unexpired term or until a successor board assumes the responsibilities of the Stabilization and Reform Board.

(e) Upon a vacancy in the position of chairperson of the Stabilization and Reform Board, the Mayor shall designate a chairperson from among the members of the Stabilization and Reform Board referred to in subsection (a)(1)(A) through (I) of this section.

(f)(1) Upon a vacancy of any seat of the Stabilization and Reform Board, the Mayor shall nominate a replacement who meets the qualifications of the vacant seat pursuant to subsection (a)(1) of this section; provided, that this shall not apply to the seat established by subsection (a)(1)(A) of this section. If the seat established by subsection (a)(1)(A) of this section becomes vacant, the Council shall appoint a successor.

(2) A Mayoral nomination shall be submitted to the Council pursuant to subsection (b)(1) of this section.

(g)(1) The Stabilization and Reform Board shall meet at least 10 times per year. All meetings of the Stabilization and Reform Board shall be open to the public, except as may otherwise be authorized by subchapter IV of Chapter 5 of Title 2.

(2) All regular meetings of the Board must be publicized through a notice, published in the District of Columbia Register one week prior to the meeting that contains the date, time, and location of the meeting.

(3) Each regular meeting shall provide for a period of public comments, which shall not be limited in time, except that the time allowed for each individual speaker may be reasonably limited.

(h) For the purposes of taking any official action, a quorum of the Stabilization and Reform Board shall consist of 5 members.

(i) The Stabilization and Reform Board established by this section shall assume authority from the Board of Commissioners established by § 6-211, and the Board of Commissioners shall be dissolved, upon the swearing in of at least 5 members of the Stabilization and Reform Board.

(j) The Authority shall provide to the Stabilization and Reform Board at least 2 full-time employees who are qualified to provide legal and policy research as requested by members of the Board. Except as otherwise provided by law, a full-time employee provided to the Board pursuant to this subsection shall not share with employees of the Authority information about research performed for a Board member, unless the Board member authorizes the sharing of information.

§ 6–210.02. Reform activities.

*NOTE: This section was created by emergency legislation that will expire on October 24, 2024.*

(a) Within 15 days after the end of each calendar quarter, the Executive Director shall, after submission to the Stabilization and Reform Board and the City-Wide Resident Advisory Board, submit a report to the Mayor and the Council that describes the progress of the Authority in:

(1) Addressing and remediating the issues identified by the U.S. Department of Housing and Urban Development in its 2022 assessment of the Authority ("HUD DC001 Assessment");

(2) Developing and implementing a plan to expedite the leasing of dwelling units owned, operated, or managed by the Authority;

(3) Identifying individual dwelling units within Housing Properties of the Authority that are in a substandard condition and improving the condition of such units to a state of good repair;

(4) Developing and implementing a plan for the maintenance, in an ongoing state of good repair, of Housing Properties of the Authority and individual dwellings units within those Housing Properties;

(5) Improving the management of the wait list for dwelling units within Housing Properties of the Authority;

(6)(A) Reviewing and developing recommendations for improvements of the Authority's:

(i) Capital and operating budgets;

(ii) Capital and operating expenditures;

(iii) Accounting and fiscal management systems, controls, and procedures; and

(iv) Contracting and procurement systems, controls, and procedures.

(B) Requirements of this paragraph are subject to review by the Chief Financial Officer measured against industry and government standards and best practices; and

(7) Meeting the training requirements established by §§ 6-211(h) and 6-213(d).

(b) In addition to the requirements of subsection (a) of this section, the Executive Director shall submit to the Council any updated policies, procedures, and reports provided to the United States Department of Housing and Urban Development as outlined in the Authority's "Response to the U.S. Department of Housing and Urban Development's March 2022 On-Site Assessment Report," published on November 29, 2022. Such policies, procedures and reports shall be submitted no later than 48 hours after submission to the United States Department of Housing and Urban Development.

(1) Review the progress of the Authority in addressing the findings and recommendations in the United States Department of Housing and Urban Development’s assessment of the Authority (known as the “HUD DC001 Assessment”) each month;

(2) Schedule and complete at least 4 listening sessions, one in each quadrant, to hear from public housing residents about concerns and experiences by May 2023;

(3) At least once a quarter, invite the City-Wide Resident Advisory Board to report to the Board on any topics of interest or concerns, and respond to the concerns of the City-Wide Resident Advisory Board in writing, no later than 45 days following the quarterly meeting; and

(4) Provide recommendations to the Mayor and the Council by July 1, 2024, for the structure of a successor Board of Directors to govern the Authority on an ongoing basis.

(d) If requested by the Council, a quorum of members of the Stabilization and Reform Board shall attend a Council oversight hearing on the Authority and provide testimony.

(e) A quorum of members of the Stabilization and Reform Board shall be present at each listening session held pursuant to subsection (c)(2) of this section.

§ 6–210.03. City-Wide Resident Advisory Board.

*NOTE: This section was created by emergency legislation that will expire on October 24, 2024.*

(a) The Authority shall establish and implement a comprehensive training program for members of the City-Wide Resident Advisory Board with the goal of enabling tenant members to participate fully in the oversight of the housing authority's operation and capital planning. The Authority shall develop the training program in consultation with public housing residents and public housing industry professional organizations.

(b)(1) The City-Wide Resident Advisory Board shall be provided access to trainings referenced in § 6-211(h)(1) and (2).

(2) Additionally, the Authority shall provide training on relevant federal and District laws, leadership development, communication, and negotiations.

(c) The Authority shall provide a copy of resolutions on the agenda for consideration by the Stabilization and Reform Board to the City-Wide Resident Advisory Board at least 24 hours prior to the scheduled date and time of the Stabilization and Reform Board meeting at which the resolution will be considered.

(d) The Authority shall seek and consider the input of the City-Wide Resident Advisory Board when a policy or program change affects residents.

§ 6–211. Additional Board provisions.

(a) Repealed.

(b) Repealed.

(d) All Commissioners, at time of appointment, shall be residents of the District of Columbia and shall remain residents throughout the term of the appointment.

(e) Repealed.

(f) Repealed.

(g) Repealed.

(h)(1) Within 60 days after a Commissioner's appointment and on an annual basis thereafter, each Commissioner shall complete training offered by or in connection with HUD covering the following topics:

(A) The role of a public housing agency board;

(B) Ethics for public housing agencies and board members or commissioners;

(C) Background on major housing authority programs, including but not limited to public housing, the Housing Choice Voucher Program, and the rental assistance demonstration;

(D) Fair housing and reasonable accommodations;

(E) Public housing authority budgets, financial oversight, and financial reporting; and

(F) Federal procurement requirements.

(2) Within 90 days after a Commissioner's appointment and on an annual basis thereafter, each Commissioner shall complete training offered by or in connection with HUD covering the following topics:

(A) Public housing authority performance monitoring and risk management;

(B) HUD reporting requirements;

(D) Objectives and requirements of HUD's Moving to Work program; and

(E) Resident opportunity, including HUD's Section 3 requirements for economic and employment opportunities.

(3) In addition to the training required in paragraphs (1) and (2) of this subsection, each Commissioner shall spend at least 4 hours per quarter in training or educational seminars on corporate governance, public housing law and regulations, federal or local language access guidelines, labor and personnel, real estate and construction, or other subjects related to public housing development, operation, and management, the maximum reimbursable cost of which shall be established by the Board and paid by the Authority.

(4) The Board shall monitor Commissioners' compliance with the training requirements of this subsection and provide a Commissioner a warning notice if the Commissioner is out of compliance with the requirements.

(5) If a Commissioner has not completed the training requirements within 15 days after the conclusion of the timeline specified in the applicable paragraph in this subsection, the Commissioner shall be automatically suspended until the Commissioner demonstrates compliance with this subsection or is removed by the Board for noncompliance.

(6) For purposes of this subsection, the term "Commissioner" means a member of the Board.

(i) Repealed.

(j) Repealed.

(k) Repealed.

(l) Repealed.

(m) Repealed.

(n) Repealed.

(o) Repealed.

(p) Repealed.

(q) Repealed.

(r) No member of the Board may be held personally liable for any action taken in accordance with, and in furtherance of, his or her official duties and responsibilities as set forth in this chapter.

(s) Each member of the Board referred to in § 6-210.01(a)(1)(A) through (I) shall be entitled to compensation as provided in § 1-611.08.

(t) The Board may, by majority vote, remove any Commissioner for official misconduct, conflict of interest violations, neglect of duty, incompetence, or personal misconduct, but only after the Commissioner shall have been given a copy of the charges and an opportunity to answer those charges in accordance with a procedure established in the by-laws or other rules of the Board. The Chairperson shall suspend a Commissioner pending the Board’s consideration of the charges. If the Chairperson is the Commissioner against whom charges have been made, the Mayor shall suspend the Chairperson pending such consideration.

(u) The Board may, by majority vote, require that any member of the Board or Executive Director resolve conflict of interest violations by public disclosure of the conflict of interest and recusal from the decision-making process involving the conflict, divestiture, or any other manner that does not violate local or federal law.

(v) In addition to those powers conferred elsewhere in this chapter, the Board is charged with the duty to govern all the affairs of the Authority and shall have all powers necessary or appropriate to carry out the purposes of this chapter, including the following:

(1) To review and approve all contracts for goods or services having a value of more than $250,000;

(2) To make and implement rules, by-laws, and policies and regulations necessary or appropriate for the effective administration of the Authority and the fulfillment of the purposes of this chapter;

(3) Repealed.

(4) To evaluate the Executive Director’s job performance from time to time; and

(5) To perform such other functions as are needed to ensure the provision of quality services to the residents of the Housing Properties.

(w) Repealed.

§ 6–212. Establishment of Authority Advisory Committee. [Repealed]

Repealed.

§ 6–213. Executive Director.

(a)(1) An Executive Director shall be appointed, and may be removed, by the Board. The Executive Director shall be an employee of the Authority but shall not be a member of the Board. The Executive Director shall be a District resident and shall remain a District resident throughout the Executive Director's term, and failure to maintain District residency shall result in a forfeiture of the position.

(2) The Executive Director shall receive compensation and other terms and conditions of employment as shall be fixed by the Board. Any Executive Director compensation agreement or arrangement adopted after July 1, 2023, shall conform to § 1-551.03, regardless of the source of funds used.

(b) The Board shall require the Executive Director to achieve specific performance standards approved by the Board. The Board shall submit the Public Housing Agency Plans, required pursuant to section 5A of the Housing Act of 1937 [42 U.S.C. § 1437c-1], to the Council for review and comment not less than 45 days prior to submitting the required documents to HUD.

(1) Administer, manage, and direct the daily affairs and activities of the Authority;

(2) Supervise the staff of the Authority, make all final personnel decisions, and employ assistants, employees, and consultants as necessary in accordance with this chapter and the rules, regulations, by-laws, and policies adopted by the Board;

(3) Execute leases, deeds, notes, bonds, contracts, and other documents on behalf of the Authority; and

(4) Perform such other duties as shall be assigned by the Board.

(d)(1) Within 30 days of the Executive Director's appointment and on an annual basis thereafter, the Executive Director shall complete training offered by or in connection with HUD covering the following topics:

(A) Background on major housing authority programs, including but not limited to public housing, the Housing Choice Voucher Program, and the rental assistance demonstration;

(B) Ethics for public housing agencies;

(D) Housing authority budgets and financial reporting;

(E) Federal procurement requirements;

(F) Housing authority performance monitoring and risk management;

(G) HUD reporting requirements;

(H) Public housing asset management, development, redevelopment, disposition, and repositioning;

(I) Objectives and requirements of HUD's Moving to Work program; and

(J) Resident opportunity, including HUD's Section 3 requirements for economic and employment opportunities.

(2) In addition to the training required in paragraph (1) of this subsection, the Executive Director shall complete other trainings that the Board requires, such as trainings on labor and personnel management, language access, public housing law and regulations, real estate and construction, or other subjects related to public housing development, operation, and management.

(e) As part of the process of selecting an Executive Director, the Board shall seek and consider the input of public housing residents, voucher holders, and the resident advisory board for the Authority.

§ 6–214. Social services teams in public housing.

(a) The Authority may, subject to availability of funds, develop a plan for the provision of social services within the Housing Properties which it owns, operates, or manages, and establish social service teams to implement that plan.

(b) Nothing in this section shall be construed to prohibit other District or United States government departments and agencies from providing social services to public housing residents.

§ 6–214.01. Public housing credit-building pilot program.

(a) The Authority shall establish and implement a pilot program ("program") in one or more of its public housing developments for reporting the rent payments of residents to one or more consumer credit bureaus.

(b)(1) The program shall run for 21 months, with a 6-month planning period, a 12-month implementation period, and a 3-month assessment period.

(2) During the 6-month planning period following October 1, 2019, the Authority shall establish the parameters of the program and designate one or more properties owned by the Authority to participate in the program.

(3) During the 12-month implementation period, the Authority shall:

(A) Allow residents residing in designated properties to opt in or out of the program;

(B) Promptly and accurately report the timing of each participating resident's monthly rent payment to at least one consumer credit bureau during each month that the resident participates; and

(4) No later than 3 months after completion of the 12-month implementation period, the Authority shall submit to the Council a report on the program, which shall include the following information:

(A) The number of residents who opted to participate in the program at each designated property;

(B) The number of months in which the average resident at each property participated in the program;

(D) The results of a survey of program participants gauging their satisfaction with the program and whether they believe it should continue or be expanded;

(E) A detailed accounting of the expenses incurred by the Authority to implement the program; and

(F) Recommendations of the Authority, including whether the program should be continued or expanded, and what, if any, modifications should be made.

(c) The Authority shall provide educational materials to residents at participating properties regarding the risks and benefits of program participation and the rights and responsibilities of residents who opt to participate in the program.

§ 6–215. Status of Authority employees.

(a) All employees hired by the Authority after May 9, 2000, shall be employees of the Authority and not of the District. No provision of Chapter 6 of Title 1 shall apply to employees of the Authority except as follows:

(1) Subchapters V and XVII shall apply to the labor-management relationship between the Authority and its employees, except that the Authority shall have sole authority with respect to the development and approval of compensation agreements between the Authority and labor organizations without the approval of the Mayor and Council;

(2) Subchapter XV-A shall apply to Authority employees; and

(3) Subchapter XXIII shall continue to apply to Authority employees, except that the Authority may participate in the private sector workers’ compensation program, and Authority employees shall be entitled to the coverage and benefits available to employees under Chapter 15 of Title 32, at such time as the Authority deems that such participation is most favorable to the Authority; provided, that with regard to employees subject to collective bargaining agreements, any change from the public to the private sector workers’ compensation program shall be made only by agreement between the collective bargaining representative and the Authority.

(b) All Authority employees continuously employed by the District government since December 31, 1979 shall be guaranteed rights and benefits at least equal to those currently applicable to such persons under provisions of law and regulations in force prior to May 9, 2000.

(c) Every incumbent employee serving the Authority on May 9, 2000, shall be retained in a position with at least equal classification, compensation, and benefits as the position held on the day before May 9, 2000.

(d) The Authority shall be bound by all existing collective bargaining agreements with labor organizations until successor agreements have been negotiated. Except as specifically provided in this chapter, the Authority shall be subject to all general laws applicable to public employers in the District of Columbia, including laws concerning human rights, wages and hours, and occupational safety and health.

(e) If the Authority applies to the PERB for review of an arbitration award in accordance with § 1-605.02 and the PERB denies review, the PERB shall enter an order requiring the Authority to comply with the award and the Authority shall be liable to the labor organization for its litigation expenses, including attorneys’ fees, in connection with the arbitration proceedings and the proceedings before the PERB. If the labor organization prevails in any subsequent litigation brought by the Authority with respect to the same award, the Authority shall be liable to the labor organization for its litigation expenses, including attorneys’ fees, in connection with the litigation.

(f)(1)(A) Notwithstanding the provisions of Unit A of Chapter 14 of Title 2, the Authority shall use a ranking system based on a scale of 100 points for all employment decisions for positions within the Authority.

(B) An individual who is a District resident at the time of application shall be awarded a 10-point hiring preference over a nonresident applicant; provided, that the individual claims the preference. This 10-point preference shall be in addition to any points awarded on the 100-point scale.

(C) At the time of appointment, an individual who claimed the 10-point residency preference shall agree, in writing, to maintain District residency for a period of 7 consecutive years from the effective date of appointment into the position for which the individual claimed the residency preference and shall provide proof of residency annually to the Authority for the first 7 years of employment.

(D) An individual who claimed the residency preference and who fails to maintain District residency for 7 consecutive years from the individual's effective date of appointment shall forfeit the individual's District government employment.

(E) Each applicant for a position covered by this paragraph shall be informed in writing of the provisions of this paragraph at the time of application.

(2) All persons hired after February 6, 2008, shall submit proof of residency upon employment in a manner determined by the Board.

(3) By November 1 of each year and pursuant to § 1-515.06, the Authority shall submit to the Mayor an annual report detailing, for the previous fiscal year, compliance with residency requirements.

§ 6–216. Authority employees’ benefits.

(a) The Authority is authorized to establish and administer its own employment benefits programs for individuals who become employed by the Authority other than individuals who make an election under subsection (b) of this section, except that any newly-established benefits for bargaining unit employees must be at least equal to those currently set out in subchapters XXI, XXII, and XXVI of Chapter 6 of Title 1. With regard to employees who are covered by a collective bargaining agreement, no such benefit programs shall be made available or required of such employees except by agreement between the collective bargaining representative and the Authority.

(b) Authority employees shall continue to be covered under the health, life, and retirement benefit plans of the District government pursuant to subchapters XXI, XXII, and XXVI of Chapter 6 of Title 1 until the Authority adopts its own employment benefit programs. Authority employees hired before the Authority establishes its own health, life, or retirement benefits plans, who remain continuously employed by the Authority, may elect to be treated for purposes of District benefit plans as if the employee remained continuously in the employment of the District government with all rights, benefits, and privileges that have accrued to, and vested in, the employees. Employees hired by the Authority after the date that the Authority establishes its own health, life, or retirement plans may not elect to continue coverage under the health, life, or retirement benefit plans of the District government.

(c) If an employee makes an election under subsection (b) of this section, the Authority shall make the same deductions from pay and the same employer contributions for the corresponding programs as would be made if the Authority were a District agency that is subject to subchapters XXI, XXII, and XXVI of Chapter 6 of Title 1.

(d) For a negotiated fee, the Mayor shall administer the benefits program and allow Authority employees to participate in the District’s benefits plans and programs, which fee shall be on terms reasonable to both the District and the Authority. The Mayor shall provide assistance to the Authority to meet the requirements of subsection (b) of this section.

§ 6–217. Drug and alcohol testing of Authority employees.

(a) The Authority may establish a program of, and issue rules for, conducting pre-employment, random, reasonable suspicion, post-accident, return to duty, and follow-up testing for the use of a controlled substance in violation of law or regulation, and testing for alcohol, for Authority employees and candidates for employment with the Authority. Only employees whose duties include responsibility for safety-sensitive or high-risk potential functions may be subject to random testing.

(b) In prescribing rules under the testing program required by this section, the Authority may require the suspension or termination of an Authority employee when a test indicates that the employee has used a controlled substance or alcohol in violation of Authority rules.

(c) With regard to employees who are covered by a collective bargaining agreement, the drug and alcohol testing program and rules shall be made applicable to such employees only by agreement between the collective bargaining representative and the Authority.

§ 6–218. Applicability of the Hatch Act.

The provisions of 5 U.S.C. §§ 7321 through 7328 affecting political activities of employees shall apply to employees of the Authority.

§ 6–219. Procurement.

(a) Until the Board promulgates procurement regulations in accordance with this section, the Authority’s existing rules governing procurement shall continue to apply. The Board shall transmit proposed procurement regulations to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the regulations, in whole or in part, by resolution within the 45-day review period, the regulations shall be deemed approved. The Board’s procurement regulations shall include rules and procedures governing public notice of invitations to bid; methods of source selection, including competitive sealed bidding and competitive sealed proposals; small purchase procurements; cost principles; delivery and performance; contract modification; and contract termination.

(b) Nothing in this subsection shall exempt the Board from compliance with § 1-204.51; however, the Board may adopt rules governing procurements involving the expenditure of federal funds that are inconsistent with Chapter 3A of Title 2.

§ 6–220. Financial disclosure and conflict of interest — Board and Executive Director.

(a) An affidavit of financial disclosure shall be completed and submitted by each member of the Board within 30 days of his or her appointment and by the Executive Director at the time his or her contract, to the extent such a contract exists or is required, is being negotiated with the Board. Refusal to comply with this requirement shall be cause for removal or termination. The form or forms of financial disclosure shall be developed by the General Counsel or designated Ethics Officer and approved by the Board. The completed disclosure forms shall be retained in the records of the General Counsel or Ethics Officer.

(b) For a period of one year after termination or expiration of his or her term as a member of the Board or a member of the former Board of Commissioners or his or her term of employment, no former member of the Board or former member of the former Board of Commissioners or Executive Director shall appear before any court or government department or agency as agent or attorney for anyone other than the Authority in connection with any proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter in which the Authority is substantially interested, whether or not he or she took any action or made any decision as a member of the Board or a member of the former Board of Commissioners or Executive Director in connection with such matter. This provision shall not preclude compliance with a subpoena duly issued to any former member of the Board or former member of the former Board of Commissioners or Executive Director.

(c)(1) The General Counsel shall advise the Board of potential conflict of interests involving any member of the Board or the Executive Director. The General Counsel shall advise the Board whether:

(A) There is an appearance of a conflict of interest;

(B) There is a conflict of interest;

(D) There is good cause to waive the conflict of interest provisions because an extraordinary situation exists and the Authority would benefit from the waiver.

(2) A conflict of interest may be resolved by public disclosure of the conflict of interest and recusal from the decision-making process with respect to the conflict, divestiture, or by any other manner that does not violate local or Federal law.

(3) For the purposes of this section, a conflict of interest shall include any financial interest, either directly or indirectly:

(A) In any contract to which the Authority is a party for the purchase of supplies, materials, equipment, or services; or

(B) In any entity involved directly or indirectly in any transaction with the Authority, including construction companies, real estate development firms, property management companies, and service providers.

§ 6–221. Financial disclosure and conflict of interest — employees.

(a) An affidavit of financial disclosure shall be completed and submitted by each employee of the Authority prior to the effective date of employment, and shall be updated annually, if required by the Authority. Refusal to comply with this requirement shall be cause for removal or termination. The form or forms of disclosure shall be developed by the Authority’s General Counsel or designated Ethics Officer and approved by the Board, and the completed disclosure forms shall be retained in the records of the General Counsel or Ethics Officer.

(b) For a period of one year after termination or expiration of his or her term of employment, no Officer shall appear before any court or government department or agency as agent or attorney for anyone other than the Authority in connection with any proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter in which the Authority is substantially interested, whether or not he or she took any action or made any decision as officer in connection with such matter. This provision shall not preclude compliance with a subpoena duly issued to any former Officer.

(c)(1) Any Officer or employee of the Authority who has a conflict of interest must disclose the nature and circumstances of the conflict to the Authority and the General Counsel. The General Counsel shall review conflict of interests and make a case-by-case legal determination whether there is a conflict of interest and, if so, whether there is good cause to waive the conflict of interest based upon the facts presented.

(2) A conflict of interest shall include:

(A) Any employee designated to handle purchasing or contracting for the Authority who has any financial interest, either directly or indirectly, in any contract to which the Authority is a party for the purchase of supplies, materials, equipment, or services; or

(B) Any employee of the Authority in a decision-making capacity who has any financial interest, either directly or indirectly, in any contract to which the Authority is a party or in any entity involved directly or indirectly in any transaction with the Authority, including construction companies, real estate development firms, property management companies, and service providers.

(d)(1) The General Counsel shall notify the Executive Director if a conflict of interest exists involving any employee or Officer. The General Counsel shall determine whether:

(A) There is an appearance of a conflict of interest;

(B) There is a conflict of interest;

(D) There is good cause to waive the conflict of interest provisions because an extraordinary situation exists and the Authority would benefit from the waiver.

(2) A conflict of interest may be resolved by public disclosure of the conflict of interest and recusal from the decision making process with respect to the conflict, divestiture, or any other manner that does not violate local or federal law.

§ 6–222. Local law exemption.

The provisions of Chapter 17 of Title 42, shall not apply to the property managers of the residential component of any Housing Properties under the jurisdiction of the Authority. The activities of such property managers shall be regulated by the applicable statutes, rules, and regulations of the United States.

§ 6–223. District of Columbia Housing Authority Police Department.

(a) The Authority is authorized to establish and maintain a regular police department, to be known as the District of Columbia Housing Authority Police Department, to provide protection for its residents, employees, and properties, both real and personal. The DCHAPD shall be composed of both uniformed and plainclothes personnel. The DCHAPD shall be charged with the duty of enforcing laws, ordinances, rules, and regulations of the Authority. Members of the DCHAPD shall have the power to execute any traffic citation or any criminal process (misdemeanor or felony) issued by any court of the District, or any felony, misdemeanor, or other offense against District laws, ordinances, rules, or regulations. The jurisdiction of the DCHAPD shall be concurrent with that of the Metropolitan Police Department and coextensive with the territorial boundaries of the District of Columbia.

(b) The members of the DCHAPD shall have concurrent jurisdiction in the performance of their duties with the duly constituted law enforcement agencies of the District. Nothing contained in this section shall either relieve any agency from its duty to provide police, fire, or other public safety service and protection, or limit, restrict, or interfere with the jurisdiction or performance of duties by existing police, fire, and other public safety agencies.

(c) A member of the DCHAPD shall have the same powers, including the power of arrest, and shall be subject to the same limitations, including regulatory limitations, in the performance of his or her duties as a member of the Metropolitan Police Department. Members of the DCHAPD are authorized to carry and use only such weapons, including handguns, as are issued by the Authority. Members of the DCHAPD are authorized to carry issued weapons both on and off duty in the District and are subject to such additional limitations as are imposed on the Metropolitan Police Department in accordance with § 22-4505.

(d) Upon the apprehension or arrest of any person by a member of the DCHAPD, the officer, as required by the laws of the District, shall either issue a summons or a citation to the person, book the person, or deliver the person to the Metropolitan Police Department for disposition as required by law.

(e)(1) The Authority shall have the power to adopt rules and regulations and to establish fines for the safe, convenient, and orderly use of the Housing Properties owned, managed, or operated by the Authority, including the protection of the Authority’s residents, employees, and property (real and personal), and the control of traffic and parking in, on, or around the Housing Properties owned, managed, or operated by the Authority. If any such rules and regulations contravene the laws, ordinances, rules, or regulations of the District which are existing or subsequently enacted, the laws, ordinances, rules, or regulations of the District shall apply and the conflicting rule or regulation, or portion thereof, of the Authority shall be void.

(2) The rules and regulations established under paragraph (1) of this subsection shall be adopted and published in accordance with the standards of due process, including the publication or circulation of a notice of the intended action of the Authority in the District of Columbia Register. The adoption and publication of rules and regulations shall afford to interested persons the opportunity to submit statements orally or in writing. After adoption, the rules and regulations shall be published in the District of Columbia Register.

(3) Any person violating any rule or regulation established under paragraph (1) of this subsection shall, upon a civil judgment by a court of competent jurisdiction, pay a fine of not more than $500, plus costs.

(f) With respect to members of the DCHAPD, the Authority shall:

(1) Establish classifications based on the nature and scope of duties and fix and provide for their qualifications, appointment, removal, tenure, term, compensation, pension, and retirement benefits;

(2) Provide training and, for this purpose, the Authority may enter into contracts or agreements with any public or private organization engaged in police training. The training and the qualifications of the uniformed and plainclothes personnel shall at least be equal to the requirements of the Metropolitan Police Department for its personnel performing comparable duties;

(3) Prescribe distinctive uniforms to be worn; and

(4) Prescribe vehicles to be used, and a distinctive license tag to be affixed thereto.

(g) The Authority shall have the power to enter into agreements with public safety agencies, including those of the federal government, for the delineation of the responsibilities of the DCHAPD and with duly constituted police, fire, and other public safety agencies for mutual assistance.

(h) Before entering upon the duties of office, each member of the DCHAPD shall take or subscribe to an oath of affirmation, in the presence of a person authorized to administer oaths, to faithfully perform the duties of that office.

(i)(1) Retired police officers of the Metropolitan Police Department may be employed as members of the DCHAPD.

(A) Except for disability annuitants, police officers retired from the Metropolitan Police Department shall be eligible for rehire as members of the DCHAPD without jeopardy to any retirement benefits of the police officers.

(B) Service shall not count as creditable service for the purposes of § 5-704.

(2) All costs associated with the hiring of retired police officers as members of the DCHAPD shall be paid by the Authority.

(j) Members of the DCHAPD shall be subject fully to the authority of the Police Complaint Board pursuant to Chapter 11 of Title 5. For the purposes of the Police Complaint Board, the Chief of the DCHAPD shall perform the duties of the Chief of Police of the Metropolitan Police Department for the members of the DCHAPD.

§ 6–224. Disposition of assets on dissolution.

If the Authority is dissolved by repeal of this chapter or ceases to exist for any other reason, all of its assets (including cash, accounts receivable, reserve funds, real or personal property, and contract and other rights) shall become the property of the District. In such event, no funds in the Fund shall be deposited into any District fund or account without the prior written approval of HUD; provided, that in the event of such approval, all such funds shall be deposited and maintained in an account or accounts separate from the General Fund of the District.

§ 6–225. Intragovernmental cooperation.

To the extent practicable and as pertaining to the economic enhancement of the District of Columbia, the Authority shall work cooperatively with the development of annual workplans and budgets for the following:

(1) Office of the Deputy Mayor for Planning and Economic Development;

(2) Department of Housing and Community Development;

(3) Department of General Services;

(4) National Capital Revitalization Corporation;

(5) Community Development Corporations;

(6) Business Improvement Districts; and

(7) The Department of Buildings.

(May 9, 2000, D.C. Law 13-105, § 26, 47 DCR 1325; Sept. 26, 2012, D.C. Law 19-171, § 47, 59 DCR 6190; Apr. 5, 2021, D.C. Law 23-269, § 501(a)(1), 68 DCR 001490.)

Section References

This section is referenced in § 4-756.01.

Effect of Amendments

The 2012 amendment by D.C. Law 19-171 substituted “Department of General Services” for “Office of Property Management” in (3).

Applicability

Section 7276 of D.C. Law 24-45 repealed the applicability provision of section 601 of D.C. Law 23-269 that impacted this section. Therefore the amendment of this section by Law 23-269 has been implemented.

Applicability of D.C. Law 23-269: § 601 of D.C. Law 23-269 provided that the change made to this section by § 501(a)(1) of D.C. Law 23-269 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90-day) addition of section, see § 25 of the District of Columbia Housing Authority Emergency Act of 1999 (D.C. Act 13-259, February 9, 2000, 47 DCR 1129).

For temporary (90-day) addition of section, see § 25 of the District of Columbia Housing Authority Congressional Review Emergency Act of 2000 (D.C. Act 13-346, June 5, 2000, 47 DCR 4980).

§ 6–226. Rent Supplement Program: establishment of program and distribution of funds.

*NOTE: This section includes amendments by temporary legislation that will expire on March 1, 2025. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*

(a) The Rent Supplement Program is established to provide housing assistance to extremely low-income District residents, including those who are homeless and those in need of supportive services, such as elderly individuals or those with disabilities. The funding of this program is subject to appropriation. The assistance under this section, § 6-227, and § 6-228 shall not constitute an entitlement.

(b)(1) Except as otherwise provided in this subchapter, the Authority shall award the funds appropriated for the program's sponsor-based voucher assistance.

(2) The Department of Housing and Community Development shall award the funds appropriated for the program's project-based voucher assistance.

(3) The Authority shall award the funds appropriated for ongoing tenant-based voucher assistance.

(4) The Authority shall award the funds appropriated for new tenant-based voucher assistance, including funds transferred by the Department of Human Services to the District of Columbia Housing Authority for the purposes of providing tenant-based voucher assistance.

(c)(1) Except as prescribed in paragraphs (2), (3), and (4) of this subsection, the Authority shall apply its existing Partnership Program and Housing Choice Voucher Program rules to govern eligibility, admission, and continuing occupancy by tenants in units receiving tenant-based, sponsor-based, or project-based voucher assistance under this section, §§6-227, 6-228, and 6-229.

(2) The Authority shall neither inquire about nor consider for the purposes of eligibility, admission, or continued occupancy any information about citizenship, immigration status, prior criminal arrests or convictions, or pending criminal matters.

(3) Rules governing eligibility, admission, and continuing occupancy by tenants in units receiving tenant-based, sponsor-based, or project-based voucher assistance under this section, § 6-227, § 6-228, or § 6-229 shall not be inconsistent with this section, § 6-227, § 6-228, or § 6-229.

(4)(A) The Authority shall allow applicants or participants to self-certify any required eligibility, admission, or continued occupancy factors when an applicant cannot easily obtain verification documentation.

(B) Self-certification by the applicant at the time of initial eligibility shall be final and remain sufficient for purposes of continued occupancy recertifications.

(5) The Authority shall promulgate such additional rules as are necessary to ensure that eligibility for tenancy in the units supported by grants under this section is limited to households with gross income at or below 30% of the area median income.

(d) Repealed.

(e) Repealed.

§ 6–226.01. Rent Supplement Program Funds. [Repealed]

Repealed.

§ 6–227. Project-based and sponsor-based voucher assistance.

(a) The funds allocated under the program for sponsor-based voucher assistance shall be awarded by the Authority pursuant to its Partnership Program For Affordable Housing, except as otherwise provided herein.

(b) The Authority shall promulgate rules to govern the awarding of rent supplement funds through Partnership Program grants, as described in this section, to providers of sponsor-based housing. The Authority shall designate a portion of these funds to be awarded on a priority basis to sponsors of supportive housing for individuals with special needs. The rules may address eligibility, admission, and occupancy criteria, which serve the supportive housing goals of the housing development.

(b-1)(1) The funds allocated under the program for new project-based voucher assistance shall be awarded by the Department of Housing and Community Development for the construction of new housing, or rehabilitation or preservation of existing housing, for extremely low-income District residents.

(2) The Department of Housing and Community Development shall promulgate rules to govern the awarding of project-based voucher assistance and the continuing eligibility for such assistance.

(3) Repealed.

(4) Prior to the Authority's submission to the Council, pursuant to §§ 1-204.51 and 2-352.02, for approval by the Council of an Agreement to Enter into a Long-Term Subsidy Contract ("ALTSC"), the Department of Housing and Community Development shall submit in a form satisfactory to the Authority:

(A) A letter of commitment that confirms the project-based voucher assistance funding allocation to the Authority for the initial term or extension of the Long-Term Subsidy Contract in accordance with the proposed terms of the ALTSC and the required certification to the Council under § 2-352.02(c)(6); and

(B) An acceptable memorandum of agreement between the Department of Housing and Community Development and the Authority that details the terms and conditions between the parties and shall include any relevant terms and conditions regarding any transfer by the Department of Housing and Community Development of funds to the District of Columbia Housing Authority for the purposes of paying for costs of the Long-Term Subsidy Contract.

(c)(1) Except as prescribed in paragraphs (2), (3), and (4) of this subsection, the Authority shall apply its existing Partnership Program and Housing Choice Voucher Program rules to govern eligibility, admission, and continuing occupancy by tenants in units receiving sponsor-based or project-based voucher assistance under this section, section 26a, and section 26d.

(2) The Authority shall not inquire about nor consider for the purposes of eligibility, admission, or continued occupancy any information about citizenship, immigration status, prior criminal arrests or convictions, or pending criminal matters.

(3) Rules governing eligibility, admission, and continuing occupancy by tenants in units receiving sponsor-based or project-based voucher assistance under this section, § 6-226, or § 6-229 shall not be inconsistent with this section, § 6-226, or § 6-229.

(B) Self-certification by the applicant at the time of initial eligibility shall be final and remain sufficient for purposes of continued occupancy recertifications.

(d) To maintain consistency for households living in units currently or previously supported by project- or sponsor-based Local Rent Supplement Program funds, the Authority shall, to the extent possible given funding resources available, continue to fund project-based and sponsor-based grantees at the same level, adjusted for inflation on an annual basis, or on such other basis as may be agreed to with the grantee, unless the Authority determines that a grantee is not meeting the criteria set forth in the rules governing project-based or sponsor-based voucher assistance.

(d-1) Funds allocated for project-based or sponsor-based voucher assistance pursuant to this section may be used to cover the cost of a security deposit or application fee for a housing unit supported by a grant awarded under this section.

(e) Repealed.

(f)(1) A Long-Term Subsidy Contract shall have a maximum initial term of 20 years, or the maximum initial term allowed for a HAP contract, as that term is defined in § 42-2851.02(7), whichever is greater.

(2) An existing Long-Term Subsidy Contract using funds awarded under this section and approved by the Council pursuant to § 1-204.51, may be extended without the need for competition, subject to § 1-204.51, if the proposed contractor is the same as the contractor for the existing Long-Term Subsidy Contract or is the existing contractor's successor-in-interest for the affordable housing units created or maintained under the existing Long-Term Subsidy Contract.

(May 9, 2000, D.C. Law 13-105, § 26b; as added Mar. 2, 2007, D.C. Law 16-192, § 2142(b), 53 DCR 6899; Sept. 20, 2012, D.C. Law 19-168, § 2192, 59 DCR 8025; Dec. 13, 2017, D.C. Law 22-33, § 2202, 64 DCR 7652; Oct. 30, 2018, D.C. Law 22-168, § 2092(a), 65 DCR 9388; Nov. 13, 2021, D.C. Law 24-45, § 2042(d), 68 DCR 010163; Apr. 20, 2024, D.C. Law 25-159, § 3, 71 DCR 2305; July 19, 2024, D.C. Law 25-197, § 2(b), 71 DCR 6767; Sept. 18, 2024, D.C. Law 25-217, §§ 2022(e), 2073, 71 DCR 9990.)

Section References

This section is referenced in § 4-756.01, § 6-226, and § 6-229.

Effect of Amendments

The 2012 amendment by D.C. Law 19-168 added (e).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2073 of Fiscal Year 2025 Budget Support Emergency Act of 2024 (D.C. Act 25-506, July 15, 2024, 71 DCR 8406).

For temporary (90 days) amendment of this section, see § 2022(e) of Fiscal Year 2025 Budget Support Emergency Act of 2024 (D.C. Act 25-506, July 15, 2024, 71 DCR 8406).

For temporary (90 days) amendment of this section, see § 2(b) of Local Rent Supplement Program Eligibility Emergency Amendment Act of 2024 (D.C. Act 25-471, May 7, 2024, 71 DCR 6119).

For temporary (90 days) amendment of this section, see § 2(b) of Local Rent Supplement Program Eligibility Emergency Amendment Act of 2023 (D.C. Act 25-168, July 10, 2023, 70 DCR 9743).

For temporary (90 days) amendment of this section, see § 2(b) of Local Rent Supplement Program Eligibility Congressional Review Emergency Amendment Act of 2022 (D.C. Act 24-635, Nov. 3, 2022, 0 DCR 0).

For temporary (90 days) amendment of this section, see § 2(b) of Local Rent Supplement Program Eligibility Emergency Amendment Act of 2022 (D.C. Act 24-522, July 27, 2022, 0 DCR 0).

For temporary (90 days) amendment of this section, see § 2092(a) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 2092(a) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary (90 days) amendment of this section, see § 2202 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) amendment of this section, see § 2202 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 day) addition, see § 2142(b) of Fiscal Year 2007 Budget Support Emergency Act of 2006 (D.C. Act 16-477, August 8, 2006, 53 DCR 7068).

For temporary (90 day) addition, see § 2142(b) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2006 (D.C. Act 16-499, October 23, 2006, 53 DCR 8845).

For temporary (90 day) addition, see § 2142(b) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2007 (D.C. Act 17-1, January 16, 2007, 54 DCR 1165).

For temporary (90 day) amendment of section, see § 2(b) of Local Rent Supplement Program Second Emergency Amendment Act of 2008 (D.C. Act 17-684, January 12, 2009, 56 DCR 1111).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2(b) of Local Rent Supplement Program Eligibility Temporary Amendment Act of 2024 (D.C. Law 25-197, July 19, 2024, 71 DCR 6767).

For temporary (225 days) amendment of this section, see § 2(b) of Local Rent Supplement Program Eligibility Temporary Amendment Act of 2023 (D.C. Law 25-57, Sept. 16, 2023, 70 DCR 10706).

For temporary (225 days) amendment of this section, see § 2(b) of Local Rent Supplement Program Eligibility Temporary Amendment Act of 2022 (D.C. Law 24-199, Dec. 13, 2022, 69 DCR 12679).

Section 2(b) of D.C. Law 17-382 amended subsec. (c) to read as follows:

“(c)(1) The Authority shall apply its existing Partnership Program rules to govern the awarding of Partnership Program grants for project-based voucher assistance and the continuing eligibility for those grants under this section, except where the rules are inconsistent with this act.

“(2)(A) For project-based assistance and sponsor-based assistance, except for rules promulgated by the Authority regarding eligibility, admission, and determination of the amount of rental assistance payments pursuant to subparagraph (B) of this paragraph, the Authority shall also apply its existing Partnership Program and Housing Choice Voucher Program rules to govern eligibility, admission, and continuing occupancy by tenants in units receiving assistance under this section, section 26a, and section 26c, except if the rules are inconsistent with this section, section 26a, or section 26c.

“(B) For sponsor-based assistance, the Authority shall promulgate rules to govern eligibility, admission, and determination of the amount of rental assistance payments for units receiving sponsor-based assistance under this section, which eligibility and admission rules will set forth requirements regarding criminal background, citizenship, and residency of tenants.

“(3) The Authority shall promulgate rules as are necessary to ensure that eligibility for tenancy is limited to households with gross income at or below 30% of the area median income in units supported by grants under this section, section 26a, and 26c and to households that have resided in the District for the previous 6 months in units supported by grants under this section.

“(4) Any rules proposed pursuant to this subsection shall be submitted to the Council for a 30-day period of review. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within the 30-day review period, the proposed rules shall be deemed approved.”.

Section 4(b) of D.C. Law 17-382 provided that the act shall expire after 225 days of its having taken effect.

§ 6–228. Tenant-based assistance.

(a)(1) The funds allocated for tenant-based assistance shall be administered through the Authority's Housing Choice Voucher Program.

(2) Except as provided in paragraphs (3), (4), and (5) of this section, tenant-based assistance provided through the Rent Supplement Program shall be subject to the Authority's existing rules, regulations, policies, and procedures for the Housing Choice Voucher Program;

(3) The Authority shall not inquire about nor consider for the purposes of eligibility, admission, or continued occupancy any information about immigration status, prior criminal arrests or convictions, or pending criminal matters.

(4) Rules governing eligibility, admission, and continuing occupancy by tenants in units receiving tenant-based voucher assistance under this section shall not be inconsistent with this section or § 6-226.

(5)(A) The Authority shall allow applicants or participants to self-certify any required eligibility, admission, or continued occupancy factors when an applicant cannot easily obtain verification documentation.

(B) Self-certification by the applicant at the time of initial eligibility shall be final and remain sufficient for purposes of continued occupancy recertifications.

(6) Existing rules, regulations, policies, and procedures affecting the Rent Supplement Program shall be submitted to the Council for Council review.

(b) Eligible households shall be selected from the individuals and families referred to the Authority pursuant to subsection (c) of this section or the Authority’s Housing Choice Voucher Program waiting list according to rules established by the Authority for selection and admission, with the following additional limitations:

(1) Eligible households shall be extremely low-income; and

(2)(A)(i) The Authority shall develop rules that give preference in awarding a percentage of the vouchers funded under this program to District residents who are homeless applicants with one or more children under 18 years of age.

(ii) The percentage to be applied in sub-subparagraph (i) of this subparagraph shall be determined by the Authority and shall be included in the rules adopted for the program.

(B) Notwithstanding subparagraph (A) of this paragraph, in Fiscal Year 2022, preference in awarding all vouchers funded under this program shall be given to District residents who are homeless applicants with one or more children under 18 years of age.

(C) Families who participate in time-limited housing programs shall be considered homeless for purposes of this paragraph.

(c) Individuals and families may be referred for eligibility determination to the Authority by the Department of Human Services or by another District agency designated by the Mayor.

(d) Families and individuals housed in the Rapid Rehousing Program administered by the Department of Human Services or by another District agency designated by the Mayor may be referred to the Authority for the Local Rent Supplement Program for eligibility determination.

(e) Households that no longer require supportive services under the Permanent Supportive Housing Program but still require long term housing assistance may be referred by the Department of Human Services, or another District agency designated by the Mayor, to the Authority for the Local Rent Supplement Program for eligibility determination.

(f) Agencies within the District government may refer individuals 62 years of age and older to the Authority for eligibility determination for the Local Rent Supplement Program if the individuals are:

(1) Returning citizens within the meaning of § 24-1301(5);

(2) LGBTQ individuals within the meaning of § 2-1381(2); or

(3) Persons with a disability as defined in section 3(1)(A) of the Americans with Disabilities Act of 1990, approved July 26, 1990 (104 Stat. 329; 42 U.S.C. § 12102(1)(A)).

(f-1) Agencies within the District government may refer individuals and families who have been victims of gun violence or are at risk of gun violence to the Authority for eligibility determination for the Local Rent Supplement Program.

(g)(1) In addition to the uses authorized by subsection (a) of this section, funds allocated for tenant-based assistance may be used to assist an eligible household in paying a security deposit and application fee for a housing unit the eligible household is leasing or intending to lease under the Authority's Housing Choice Voucher Program.

(2) For the purposes of this subsection, the term "eligible household" means a household determined by the Authority to be eligible for tenant-based voucher assistance.

§ 6–229. Capital-based assistance. [Repealed]

Repealed.

(May 9, 2000, D.C. Law 13-105, § 26d; as added Mar. 3, 2010, D.C. Law 18-111, § 2241(b), 57 DCR 181; Sept. 18, 2024, D.C. Law 25-217, § 2022(f), 71 DCR 9990.)

Section References

This section is referenced in § 6-226.

Emergency Legislation

For temporary (90 days) repeal of this section, see § 2022(f) of Fiscal Year 2025 Budget Support Emergency Act of 2024 (D.C. Act 25-506, July 15, 2024, 71 DCR 8406).

For temporary (90 day) addition, see § 2241(b) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).

For temporary (90 day) addition, see § 2241(b) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

§ 6–229.01. Housing Authority Rent Supplement Program quarterly reporting.

(a) The Authority shall submit to the Mayor and the Council, within 30 days after the end of each fiscal quarter, a Rent Supplement Program report.

(b) Each report shall include the following information with respect to local revenues of the District allocated to the Housing Authority through the Housing Authority Payment Account or a successor account (the "account"):

(1) The total amount of money in the account at the beginning and end of the reporting period;

(2) The amount of money in the account allocated to project-based voucher assistance at the beginning of the reporting period, the amount of money expended from the account on project-based voucher assistance during the reporting period, and the amount of money in the account allocated to project-based voucher assistance at the end of the reporting period;

(3) The amount of money in the account allocated to sponsor-based voucher assistance at the beginning of the reporting period, the amount of money expended from the account on sponsor-based voucher assistance during the reporting period, and the amount of money in the account allocated to sponsor-based voucher assistance at the end of the reporting period;

(4) The amount of money in the account allocated to tenant-based voucher assistance at the beginning of the reporting period, the amount of money expended from the account on tenant-based voucher assistance during the reporting period, and the amount of money in the account allocated to tenant-based voucher assistance at the end of the reporting period;

(5) The amount of money in the account allocated to capital assistance at the beginning of the reporting period, the amount of money expended from the account on capital assistance during the reporting period, and the amount of money in the account allocated to capital assistance at the end of the reporting period; and

(6) The amount of money expended from the account during the reporting period on administrative costs, which shall include a breakdown by category of expense.

(1) For each project that has a contract with the Authority for project-based voucher assistance, the name of, address of, number of total housing units in, number of units subsidized by project-based voucher assistance ("project-based units") in, and contract end date of the project;

(2) For each project listed pursuant to paragraph (1) of this subsection:

(A) The dollar amount of project-based voucher assistance received during the reporting quarter;

(B) The occupancy status of each project-based unit;

(C) The contract rent for each project-based unit, including both the tenant-paid portion of the rent and project-based subsidy amount associated with the unit; and

(D) The income level at the most recent income certification of the household occupying the unit.

(3) The name of, address of, number of project-based units in, and project-based voucher assistance contract end date of, each project that has a contract with the Authority for project-based voucher assistance that is scheduled to expire within 24 months after the last day of the reporting period;

(4) The name of, address of, number of project-based units in, and contract end date of each project whose contract with the Authority for project-based voucher assistance expired during the reporting period;

(5) The name of, address of, and number of project-based units to be located in each project that has been awarded project-based voucher assistance but for which a contract with the Authority for such assistance has not been entered into, along with the date by which the Authority expects to enter into such a contract.

(d) Each report shall include the following information with respect to sponsor-based voucher assistance:

(1) The name and address of each nonprofit organization or landlord ("sponsor") with sponsor-based vouchers, along with the number of vouchers issued to the sponsor;

(2) For each sponsor listed pursuant to paragraph (1) of this subsection, the following information with respect to each sponsor-based unit of the sponsor:

(A) The address of the sponsor-based unit;

(B) The occupancy level of each sponsor-based unit, defined as the number of days in the reporting quarter the unit was leased to a household eligible for Rent Supplement Program assistance;

(C) The contract rent of the unit, including the tenant-paid portion of the rent and the sponsor-based subsidy amount allocated to the unit; and

(D) The income level at last income certification of the household occupying the sponsor-based unit.

(e) Each report shall include the following information with respect to tenant-based voucher assistance:

(1) The number of households, categorized separately as individual households and family households, receiving tenant-based voucher assistance on the first day and last day of the reporting quarter, listed separately by the program in which the household is participating, including the Permanent Supportive Housing and Targeted Affordable Housing program;

(2) The total dollar amount of rental payments made for tenant-based voucher recipients during the reporting quarter and fiscal year to date, listed separately by the program in which the household is participating, including the Permanent Supportive Housing and Targeted Affordable Housing program;

(3) The average monthly rent of housing units leased by households receiving tenant-based voucher assistance, listed separately by the program in which the household is participating, including the Permanent Supportive Housing and Targeted Affordable Housing program;

(4) The number of households receiving tenant-based vouchers at the beginning of the fiscal year that were no longer receiving tenant-based vouchers on the last day of the reporting quarter, listed separately by the program in which the household is participating, including the Permanent Supportive Housing and Targeted Affordable Housing program; and

(5) Tenant-based voucher assistance funding spent on security deposits, administrative services, and any other non-rental expenses, by expenditure type, during the reporting quarter and fiscal year to date.

(f) Repealed.

§ 6–229.02. Project-Based Rent Supplement Program quarterly reporting.

(a) The Department of Housing and Community Development shall submit to the Council, within 30 days after the end of each fiscal quarter, a Project-Based Rent Supplement Program report.

(b) Each report shall include the following information:

(1) Repealed.

(2) The amount of money transferred to the Authority for project-based voucher assistance during the reporting period, listed separately by the project for which the funds were awarded;

(3) The amount of money awarded to projects that do not yet have a certificate of occupancy, listed separately by project;

(4) For each project that has been awarded project-based voucher assistance, the developer, address, planned number of total housing units, planned number of units subsidized by project-based voucher assistance, planned period of project-based voucher assistance, date of award, expected completion date, and whether the project is new construction or existing housing rehabilitation or preservation; and

(5) The amount of money expended by the Department of Housing and Community Development during the reporting period on administrative costs related to the Project-Based Rent Supplement Program, which shall contain a breakdown by category of expense.

§ 6–229.03. Tenant-Based Rent Supplement Program quarterly reporting.

(a) The Department of Human Services shall submit to the Council, within 30 days after the end of each fiscal quarter, a report on the Tenant-Based Rent Supplement Program.

(b) Each report shall include the following information:

(1) Repealed.

(2) The amount of money transferred to the Authority for each tenant-based voucher assistance program during the reporting period, listed separately by the program

(A) In which the household is currently participating, including the Permanent Supportive Housing, Targeted Affordable Housing program, and the Rapid Rehousing program if applicable, and categorized by individual households and family households; and

(B) To which the household is being referred, including the Permanent Supportive Housing and Targeted Affordable Housing program;

(3) Repealed.

(4) The number of households, categorized separately as individual households and family households, matched with a tenant-based voucher assistance program during the reporting quarter, listed separately by the program in which the household is participating, including the Permanent Supportive Housing and Targeted Affordable Housing program; and

(5) The amount of money expended by the Department of Human Services during the reporting period on administrative costs related to the Tenant-Based Rent Supplement Program, which shall contain a breakdown by category of expense.

§ 6–230. Rental Assistance for Unsubsidized Seniors Program.

(a) The Authority shall establish and administer a Rental Assistance for Unsubsidized Seniors Program ("Program") to provide partial rental subsidies for households headed by seniors who do not receive other District or federal rental assistance ("unsubsidized households").

(b) The Program shall provide rental assistance, subject to available funding, to unsubsidized households with incomes up to and including 60% of the Area Median Income ("AMI") whose monthly lease rent exceeds 30% of their monthly income. Households shall receive a maximum of $600 per month or the difference between 30% of the household's monthly income and the household's total monthly lease rent, whichever is less.

(d) For the purposes of this section, the term:

(1) "Rental assistance" means a subsidy that is authorized to be used solely for the payment of lease rent.

(2) "Senior" means a District of Columbia resident who is 62 years of age or older.

(e) The Authority, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this section.

§ 6–231. Tenant-Based Rental Assistance Fund. [Repealed]

Repealed.

§ 6–232. Public Housing Resident Bill of Rights.

(a)(1)(A) Within 120 days after December 4, 2018, the Authority shall provide a written copy of the Public Housing Resident Bill of Rights ("Bill of Rights"), described in subsection (b) of this section, to the residents of each occupied unit in each Housing Property owned, operated, or managed by the Authority, and thereafter shall provide a copy of the Bill of Rights to new residents of a unit upon occupation of the unit.

(B) Copies of the Bill of Rights provided to residents shall be in a readily legible font and format.

(2) Within 30 days after December 4, 2018, the Authority shall make a copy of the Bill of Rights available on its website in at least 12-point font, and shall conspicuously post the Bill of Rights at each Housing Property owned, operated, or managed by the Authority.

(b)(1) The Bill of Rights shall reference existing rights of residents of Housing Properties that the Authority owns, operates, or manages, and shall explain that it may not be interpreted to expand upon or limit an existing right or to create a new right under District or federal laws or regulations.

(2) The Bill of Rights shall include descriptions of the following rights of residents:

(A) To organize a tenant association, convene meetings, distribute literature, post information, and provide building access to an outside tenant organizer, as provided in § 42-3505.06;

(B) To observe all meetings of the Board and to provide public comments, except for those meetings or portions of meetings lawfully closed to the public, and to inspect minutes recorded at meetings, as provided in § 6-211(w) and subchapter IV of Chapter 5 of Title 2;

(D) To be free from discrimination by reason of actual or perceived race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, familial status, family responsibilities, matriculation, political affiliation, genetic information, disability, source of income, status as a victim of an intrafamily offense, and place of residence or business, as provided in Unit A of Chapter 14 of Title 2;

(E) To file a complaint, no later than one year following the action to be grieved, which requests an administrative determination of the resident's rights when the resident believes that the resident has been aggrieved or adversely affected by an act or a failure to act by an Authority official, as provided in section 6301 of Title 14 of the District of Columbia Municipal Regulations (14 DCMR § 6301), and subject to section 6113.8(c) of Title 14 of the District of Columbia Municipal Regulations (14 DCMR § 6113.8(c));

(F) To reasonable accommodations for a resident's disability that may be necessary to afford the resident equal opportunity to use and enjoy the housing, and to reasonable modifications of the resident's housing and related facilities at the expense of the resident that may be necessary to afford the resident full enjoyment of the housing, as provided in § 2-1402.21(d) and section 804 of An Act To prescribe penalties for certain acts of violence or intimidation, and for other purposes, approved April 11, 1968 (82 Stat. 83; 42 U.S.C. § 3604);

(G) To have a lease terminated only for serious or repeated violations of the material terms of the lease, as provided in section 6404 of Title 14 of the District of Columbia Municipal Regulations (14 DCMR § 6404);

(H) To 30 days' notice of any action to correct, cure, or vacate for violation of a lease, except where the Authority has determined that the head of household responsible for the dwelling unit under the lease is deceased and there are no remaining household members, as provided in section 6404 of Title 14 of the District of Columbia Municipal Regulations (14 DCMR § 6404);

(I) To be relocated away from living conditions that represent an emergency or a threat to life, health, or safety as determined by the Authority, another governmental entity, or as a result of a judicial proceeding; to alleviate threat of attack by criminal elements as verified and documented by the Authority Police Department or any other police department or law enforcement agency authorized to operate in the District; and in certain other circumstances, as provided in section 6401 of Title 14 of the District of Columbia Municipal Regulations (14 DCMR § 6401);

(J) To be provided with a copy of an Environmental Protection Agency-approved lead hazard information pamphlet, for residents living in Housing Properties constructed before 1978, as provided in 24 C.F.R. Part 35, Subpart A.

(K) To have the housing provider or designee inspect any unit or common area containing mold or suspected mold, upon written notice from a resident of such condition, and to remediation within 30 days of inspection, as provided in § 8-241.04;

(L) To safe and sanitary residential units and common areas in good repair, as provided in Chapter 4 of Title 14 of the District of Columbia Municipal Regulations (14 DCMR § 400 et seq.), and 24 C.F.R.§ 902.21; and

(M) To request a unit inspection from the Department of Buildings with respect to compliance with the District of Columbia Housing Code, found at chapters 5 through 9 of Title 14 of the District of Columbia Municipal Regulations.

(b-1) The Bill of Rights shall also include the voter registration packet developed by the District of Columbia Board of Elections pursuant § 1-1001.05(a)(20).

(c) Nothing in this section may be interpreted as expanding or limiting existing rights or creating new rights under the District or federal laws cited herein.

Subchapter II. District of Columbia Housing Authority, 1994 [Repealed].

§ 6–251. Definitions. [Repealed]

Repealed.

(Mar. 21, 1995, D.C. Law 10-243, § 3, 42 DCR 91; Mar. 20, 1998, D.C. Law 12-62, § 2(a), 44 DCR 7486; May 9, 2000, D.C. Law 13-105, § 30, 47 DCR 1325.)

Prior Codifications

1981 Ed., § 5-121.

Emergency Legislation

For temporary amendment of section, see § 2(a) of the District of Columbia Housing Authority Police Emergency Amendment Act of 1996 (D.C. Act 11-357, August 8, 1996, 43 DCR 4628), § 2(a) of the District of Columbia Housing Authority Police Congressional Review Emergency Amendment Act of 1996 (D.C. Act 11-417, October 28, 1996, 43 DCR 6080), and § 2(a) of the District of Columbia Housing Authority Police Second Congressional Review Emergency Amendment Act of 1996 (D.C. Act 11-470, December 30, 1996, 44 DCR 184).

For temporary amendment of section, see § 2 of the District of Columbia Housing Authority Police Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-67, April 18, 1997, 44 DCR 2617).

For temporary amendment of section, see § 2(a) of the Housing Authority Police Emergency Amendment Act of 1997 (D.C. Act 12-217, November 21, 1997, 44 DCR 7622).

For temporary amendment of section, see § 2(a) of the Housing Authority Police Congressional Recess Emergency Amendment Act of 1998 (D.C. Act 12-289, February 27, 1998, 45 DCR 1743).

For temporary amendment of section, see § 2(a) of the Housing Authority Emergency Amendment Act of 1998 (D.C. Act 12-569, January 12, 1999, 45 DCR 887).

For temporary (90-day) amendment of section, see § 2(a) of the Housing Authority Emergency Amendment Act of 1999 (D.C. Act 13-200, December 1, 1999, 46 DCR 10448).

For temporary (90-day) repeal of sections, see § 29 of the District of Columbia Housing Authority Emergency Act of 1999 (D.C. Act 13-259, February 9, 2000, 47 DCR 1129).

For temporary (90-day) amendment of section, see § 2(a) of the Housing Authority Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-274, March 7, 2000, 47 DCR 2008).

For temporary (90-day) repeal of sections, see § 29 of the District of Columbia Housing Authority Congressional Review Emergency Act of 2000 (D.C. Act 13-346, June 5, 2000, 47 DCR 4980).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(a) of District of Columbia Housing Authority Police Temporary Amendment Act of 1996 (D.C. Law 11-208, April 9, 1997, law notification 44 DCR 2403).

For temporary (225 day) amendment of section, see § 2(a) of Housing Authority Temporary Amendment Act of 1998 (D.C. Law 12-272, April 27, 1999, law notification 46 DCR 4278).

For temporary (225 day) amendment of section, see § 2(a) of Housing Authority Temporary Amendment Act of 1999 (D.C. Law 13-92, April 12, 2000, law notification 47 DCR 2843).

Editor's Notes

D.C. Law 10-243, § 2 ( 42 DCR 91), eff. March 21, 1995, provided:

“Sec. 2. Purpose.

“(a) The Council of the District of Columbia hereby finds: (1) That the quality of life for those citizens who require housing assistance is inextricably linked to safe and affordable housing; (2) That quality public housing sustains and creates opportunities for self-sufficiency, and social and economic improvement; (3) That the inability of some residents to provide shelter for themselves and their families compels them to live in unsafe and unhealthy conditions; and (4) That these conditions are detrimental to the health and welfare of District residents and adversely affect the economy of the District.

“(b) The Council determines that it is necessary and in the public interest to create an independent housing authority in the District of Columbia and to confer and vest in the authority all powers necessary or appropriate in order that it may engage in providing and maintaining quality public housing in the District of Columbia.”

§ 6–252. Establishment of the District of Columbia Housing Authority. [Repealed]

Repealed.

§ 6–253. Dissolution of the Department of Public and Assisted Housing. [Repealed]

Repealed.

§ 6–254. Board of Commissioners of the District of Columbia Housing Authority. [Repealed]

Repealed.

(Mar. 21, 1995, D.C. Law 10-243, § 6, 42 DCR 91; Apr. 18, 1996, D.C. Law 11-110, § 11(a), 43 DCR 530; May 9, 2000, D.C. Law 13-105, § 30, 47 DCR 1325.)

Prior Codifications

1981 Ed., § 5-124.

Emergency Legislation

For temporary (90-day) repeal of sections, see § 29 of the District of Columbia Housing Authority Emergency Act of 1999 (D.C. Act 13-259, February 9, 2000, 47 DCR 1129).

For temporary (90-day) repeal of sections, see § 29 of the District of Columbia Housing Authority Congressional Review Emergency Act of 2000 (D.C. Act 13-346, June 5, 2000, 47 DCR 4980).

Editor's Notes

Purpose of Law 10-243: See Historical and Statutory Notes following § 6-251.

§ 6–255. Executive Director. [Repealed]

Repealed.

§ 6–256. Resident Council Advisory Board and tenant election of members of resident councils and Resident Council Advisory Board. [Repealed]

Repealed.

(Mar. 21, 1995, D.C. Law 10-243, § 8, 42 DCR 91; Apr. 29, 1998, D.C. Law 12-86, § 401(f), 45 DCR 1172.)

Prior Codifications

1981 Ed., § 5-126.

Emergency Legislation

For temporary (90-day) repeal of sections, see § 29 of the District of Columbia Housing Authority Emergency Act of 1999 (D.C. Act 13-259, February 9, 2000, 47 DCR 1129).

For temporary (90-day) repeal of sections, see § 29 of the District of Columbia Housing Authority Congressional Review Emergency Act of 2000 (D.C. Act 13-346, June 5, 2000, 47 DCR 4980).

Editor's Notes

Purpose of Law 10-243: See Historical and Statutory Notes following § 6-251.

§ 6–257. Social services teams in public housing. [Repealed]

Repealed.

§ 6–258. Transfer of DPAH’s Employees to the Authority. [Repealed]

Repealed.

§ 6–258.01. District of Columbia Housing Authority Police Force. [Repealed]

Repealed.

(March 21, 1995, D.C. Law 10-243, § 10a; as added Mar. 20, 1998, D.C. Law 12-62, § 2(b), 44 DCR 7486; May 9, 2000, D.C. Law 13-105, § 30, 47 DCR 1325.)

Prior Codifications

1981 Ed., § 5-128.1.

Emergency Legislation

For temporary addition of section, see § 2(b) of the District of Columbia Housing Authority Police Emergency Amendment Act of 1996 (D.C. Act 11-357, August 8, 1996, 43 DCR 4628), § 2(b) of the District of Columbia Housing Authority Police Congressional Review Emergency Amendment Act of 1996 (D.C. Act 11-417, October 28, 1996, 43 DCR 6080), § 2(b) of the District of Columbia Housing Authority Police Second Congressional Review Emergency Amendment Act of 1996 (D.C. Act 11-470, December 30, 1996, 44 DCR 184), § 2(b) of the District of Columbia Housing Authority Police Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-67, Apr. 18, 1997, 44 DCR 2617), and § 2(b) of the Housing Authority Police Emergency Amendment Act of 1997 (D.C. Act 12-217, November 21, 1997, 44 DCR 7622).

For temporary addition of section, see § 2(b) of the Housing Authority Police Congressional Recess Emergency Amendment Act of 1998 (D.C. Act 12-289, February 27, 1998, 45 DCR 1743).

For temporary amendment of section, see § 2(b) of the Housing Authority Emergency Amendment Act of 1998 (D.C. Act 12-569, January 12, 1999, 45 DCR 887).

For temporary (90-day) repeal of sections, see § 29 of the District of Columbia Housing Authority Emergency Act of 1999 (D.C. Act 13-259, February 9, 2000, 47 DCR 1129).

For temporary (90-day) repeal of sections, see § 29 of the District of Columbia Housing Authority Congressional Review Emergency Act of 2000 (D.C. Act 13-346, June 5, 2000, 47 DCR 4980).

For temporary (90-day) amendment of section, see § 2(b) of the Housing Authority Emergency Amendment Act of 1999 (D.C. Act 13-200, December 1, 1999, 46 DCR 10448).

For temporary (90-day) amendment of section, see § 2(b) of the Housing Authority Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-274, March 7, 2000, 47 DCR 2008).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(b) of Housing Authority Temporary Amendment Act of 1998 (D.C. Law 12-272, April 27, 1999, law notification 46 DCR 4278).

For temporary (225 day) amendment of section, see § 2(b) of Housing Authority Temporary Amendment Act of 1999 (D.C. Law 13-92, April 12, 2000, law notification 47 DCR 2843).

For temporary (225 day) addition of section, see § 2(b) of District of Columbia Housing Authority Police Temporary Amendment Act of 1996 (D.C. Law 11-208, April 9, 1997, law notification 44 DCR 2403).

§ 6–259. Procurement. [Repealed]

Repealed.

§ 6–260. Conflict of interest. [Repealed]

Repealed.

§ 6–261. Local law. [Repealed]

Repealed.

(Mar. 21, 1995, D.C. Law 10-243, § 13, 42 DCR 91; Apr. 9, 1997, D.C. Law 11-255, § 12, 44 DCR 1271; May 9, 2000, D.C. Law 13-105, § 30, 47 DCR 1325.)

Prior Codifications

1981 Ed., § 5-131.

Emergency Legislation

For temporary (90-day) repeal of sections, see § 29 of the District of Columbia Housing Authority Emergency Act of 1999 (D.C. Act 13-259, February 9, 2000, 47 DCR 1129).

For temporary (90-day) repeal of sections, see § 29 of the District of Columbia Housing Authority Congressional Review Emergency Act of 2000 (D.C. Act 13-346, June 5, 2000, 47 DCR 4980).

Editor's Notes

Purpose of Law 10-243: See Historical and Statutory Notes following § 6-251.

§ 6–262. Tax exemption. [Repealed]

Repealed.

(Mar. 21, 1995, D.C. Law 10-243, § 14, 42 DCR 91; Apr. 18, 1996, D.C. Law 11-110 § 11(b), 43 DCR 530; May 9, 2000, D.C. Law 13-105, § 30, 47 DCR 1325.)

Prior Codifications

1981 Ed., § 5-132.

Emergency Legislation

For temporary (90-day) repeal of sections, see § 29 of the District of Columbia Housing Authority Emergency Act of 1999 (D.C. Act 13-259, February 9, 2000, 47 DCR 1129).

For temporary (90-day) repeal of sections, see § 29 of the District of Columbia Housing Authority Congressional Review Emergency Act of 2000 (D.C. Act 13-346, June 5, 2000, 47 DCR 4980).

Editor's Notes

Purpose of Law 10-243: See Historical and Statutory Notes following § 6-251.

§ 6–263. Disposition of assets on dissolution. [Repealed]

Repealed.

Subchapter III. Expenditures from the Public Housing and Structural Transformation Capital Account.

§ 6–271. Expenditures from the Public Housing and Structural Transformation capital account.

(a)(1) Capital project DHA21C ("DHA21C") shall be administered by the Office of the Chief Financial Officer ("OCFO"), with available project allotments advanced to the District of Columbia Housing Authority ("Authority") on a quarterly basis for the encumbrances and expenditures planned for that quarter; provided, that the requirements of subsection (b) of this section are met.

(2) DHA21C funds shall be used by the Authority to fund capital-eligible construction, renovation, or rehabilitation subprojects that:

(A) Increase the longevity of public housing units;

(B) Prevent existing tenants from being displaced; or

(C) Increase the availability of public housing units for existing District of Columbia residents listed on the Authority's waitlist.

(3) DHA21C funds shall not be used to fund the Authority's operating costs, renovation, or rehabilitation of any unit set to be demolished, sold, or otherwise removed from the Authority inventory, or any administrative or overhead costs not specifically attributable to a subproject.

(b)(1) Each fiscal year that DHA21C funds are available, the Authority shall submit to the Mayor, the Council, and the OCFO a proposed spending plan, which shall include:

(A) Documentation that planned encumbrances and expenditures are capital eligible; and

(B) Information on each subproject for which the Authority proposes to use DHA21C funds, including, at a minimum:

(i) The proposed location of the subproject;

(ii) A detailed proposed scope of the subproject;

(iii) A detailed proposed line-item budget for the subproject;

(iv) A detailed proposed timeline for the subproject; and

(v) A statement of whether the implementation of the proposed subproject will require the relocation of tenants and, if relocation is required, a detailed proposed relocation plan.

(2) In the event of significant delays or changes in planned encumbrances and expenditures for any subproject during the fiscal year, the Authority shall update its spending plan and provide additional documentation as needed to minimize unencumbered and unexpended transfers, avoid causing the District to incur unnecessary debt service costs, and ensure that all subproject encumbrances and expenditures are capital eligible.

(c)(1) For each solicitation of a contract valued at $100,000 or more that is funded with money from capital project DHA21C, the Authority shall:

(A) Award preferences to certified business enterprises as provided in § 2-218.43; and

(B) Exercise its contracting and procurement authority for contracts funded by capital project DHA21C so as to meet, on an annual basis, the goals of procuring and contracting at least 50% of the dollar volume of such contracts ("CBE dollar volume") with certified business enterprises and at least 50% of the CBE dollar volume with small business enterprises.

(2) For the purposes of this subsection, the term:

(A) "Certified business enterprise" shall have the meaning set forth in § 2-218.02(1D).

(B) "Small business enterprise" shall have the meaning set forth in § 2-218.02(16).