D.C. Law 22-190. Public Housing Resident Bill of Rights Amendment Act of 2018.

AN ACT

To amend the District of Columbia Housing Authority Act of 1999 to establish a Public Housing Resident Bill of Rights and require that the Public Housing Resident Bill of Rights be distributed to the residents of each currently occupied unit of public housing and thereafter to new residents of a unit and made available online.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Public Housing Resident Bill of Rights Amendment Act of 2018".

Sec. 2. The District of Columbia Housing Authority Act of 1999, effective May 9, 2000 (D.C. Law 13-105; D.C. Official Code § 6-201 et seq.), is amended by adding a new section 26e to read as follows:

"Sec. 26e. Public Housing Resident Bill of Rights.

"(a)(1)(A) Within 120 days after the effective date of the Public Housing Resident Bill of Rights Amendment Act of 2018, passed on 2nd reading on September 18, 2018 (Enrolled version of 22-444), 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 the effective date of the Public Housing Resident Bill of Rights Amendment Act of 2018, passed on 2nd reading on September 18, 2018 (Enrolled version of 22-444), 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 section 506 of the Rental Housing Act of 1985, effective September 19, 2006 (D.C. Law 16-160; D.C. Official Code § 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 section 12(w) and the Open Meetings Act, effective March 31, 2011 (D.C. Law 18-350; D.C. Official Code § 2-571 et seq.);

"(C) To stand for election as a resident commissioner and to vote for candidates for resident commissioner to serve on the Board, as provided in section 12;

"(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 the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code § 2-1401 et seq.);

"(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 section 221(d) of the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code § 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 section 305 of the Air Quality Amendment Act of 2014, effective September 9, 2014 (D.C. Law 20-135; D.C. Official Code § 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 Consumer and Regulatory Affairs 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.

"(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.".

Sec. 3. Fiscal impact statement.

The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).

Sec. 4. Effective date.

This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of Columbia Register.