There is hereby established in the District of Columbia and there is authorized, and accounted for in the General Fund as a separate revenue source allocable to provide financial assistance to low and moderate income persons, and District of Columbia Government employees participating in the District of Columbia Employer-Assisted Housing Program, and families seeking to purchase homes in the District of Columbia, for the purposes of enabling them to purchase decent, safe, and sanitary homes in the District of Columbia. Any unexpended balance at the end of the year shall be reserved as a restricted fund balance and used to provide authorization to expend for subsequent years subject to the direction of the Mayor.
(Sept. 12, 1978, D.C. Law 2-103, § 2, 25 DCR 1977; June 14, 1980, D.C. Law 3-70, § 7(1), 27 DCR 1776; Oct. 24, 1981, D.C. Law 4-44, § 2(b), 28 DCR 4265; Sept. 23, 1986, D.C. Law 6-151, § 2(a), 33 DCR 4783; June 11, 1992, D.C. Law 9-118, § 8(a), 39 DCR 3189; Mar. 20, 1998, D.C. Law 12-60, § 1101, 44 DCR 7378; Apr. 20, 1999, D.C. Law 12-259, § 2(a), 46 DCR 1316; May 9, 2000, D.C. Law 13-96, § 9(a), 47 DCR 1081.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 45-2201.
1973 Ed., § 45-1801.
Effect of Amendments
D.C. Law 13-96 inserted "the District of Columbia Government employees participating in the District of Columbia Employer-Assisted Housing Program" following "low and moderate income persons."
Section 11 of D.C. Law 13-96 provides: "This act shall apply as of October 1, 1997."
Emergency Act Amendments
For temporary (90-day) amendment of section, see § 9(a) of the Government Employer-Assisted Housing Emergency Amendment Act of 1999 (D.C. Act 13-188, December 1, 1999, 46 DCR 10407).
For temporary (90-day) amendment of section, see § 9(a) of the Government Employer-Assisted Housing Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-258, February 9, 2000, 47 DCR 1124).
Legislative History of Laws
Law 2-103, the "Home Purchase Assistance Fund Act of 1978," was introduced in Council and assigned Bill No. 2-316, which was referred to the Committee on Housing and Urban Development. The Bill was adopted on first and second readings on June 13, 1978, and June 27, 1978, respectively. Signed by the Mayor on July 1, 1978, it was assigned Act No. 2-214 and transmitted to both Houses of Congress for its review.
Law 3-70, the "District of Columbia Fund Accounting Act of 1980," was introduced in Council and assigned Bill No. 3-197, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on March 18, 1980, and April 1, 1980, respectively. Signed by the Mayor on April 25, 1980, it was assigned Act No. 3-176 and transmitted to both Houses of Congress for its review.
Law 4-44, the "Home Purchase and First Right Assistance Fund Act Amendments Act of 1981," was introduced in Council and assigned Bill No. 4-170, which was referred to the Committee on Housing and Economic Development. The Bill was adopted on first and second readings on July 14, 1981, and July 28, 1981, respectively. Signed by the Mayor on August 6, 1981, it was assigned Act No. 4-79 and transmitted to both Houses of Congress for its review.
Law 6-151, the "Home Purchase Assistance Fund Act Amendments Act of 1986," was introduced in Council and assigned Bill No. 6-395, which was referred to the Committee on Housing and Economic Development. The Bill was adopted on first and second readings on June 24, 1986, and July 8, 1986, respectively. Signed by the Mayor on July 16, 1986, it was assigned Act No. 6-193 and transmitted to both Houses of Congress for its review.
Law 9-118, the "District of Columbia Government Employer-Assisted Housing Act of 1992," was introduced in Council and assigned Bill No. 9-210, which was referred to the Committee on Housing. The Bill was adopted on first and second readings on March 3, 1992, and April 7, 1992, respectively. Signed by the Mayor on April 24, 1992, it was assigned Act No. 9-192 and transmitted to both Houses of Congress for its review. D.C. Law 9-118 became effective on June 11, 1992.
Law 12-60, the "Fiscal Year 1998 Revised Budget Support Act of 1997" was introduced in Council and assigned Bill No. 12-353, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on September 8, 1997, and October 7, 1997, respectively. Signed by the Mayor on October 24, 1997, it was assigned Act No. 12-191 and transmitted to both Houses of Congress for its review. D.C. Law 12-60 became effective on March 20, 1998.
Law 12-259, the "Home Purchase Assistance Fund Amendment Act of 1998," was introduced in Council and assigned Bill No. 12-617, which was referred to the Committee on Economic Development. The Bill was adopted on first and second readings on December 1, 1998, and December 15, 1998, respectively. Signed by the Mayor on December 31, 1998, it was assigned Act No. 12-611 and transmitted to both Houses of Congress for its review. D.C. Law 12-259 became effective on April 20, 1999.
Law 13-96, the "Government Employer-Assisted Housing Amendment Act of 1999," was introduced in Council and assigned Bill No. 13-451, which was referred to the Committee on Economic Development. The Bill was adopted on first and second readings on November 15, 1999, and December 7, 1999, respectively. Signed by the Mayor on December 29, 1999, it was assigned Act No. 13-225 and transmitted to both Houses of Congress for its review. D.C. Law 13-96 became effective on May 9, 2000.
Miscellaneous Notes
Repeal of Law 9-118: Section 1101 of D.C. Law 12-60 repealed the District of Columbia Employer-Assisted Housing Act of 1992, D.C. Law 9-118.
There shall be deposited to the credit of the Fund such amounts as may be appropriated pursuant to this subchapter; grants and gifts from public and private sources to the Fund or to the District of Columbia for the purposes of the Fund; repayments of principal and any interest on loans provided from the Fund; proceeds realized from the liquidation of any security interests held by the District of Columbia under the terms of any assistance provided from the Fund; interest earned from the deposit or investment of monies of the Fund; repayments of principal and any interest on loans provided under the District of Columbia Government Employer-Assisted Housing Program; and all other revenues, receipts and fees of whatever nature derived from the operation of the Fund.
(Sept. 12, 1978, D.C. Law 2-103, § 3, 25 DCR 1977; June 11, 1992, D.C. Law 9-118, § 8(b), 39 DCR 3189; Mar. 20, 1998, D.C. Law 12-60, § 1101, 44 DCR 7378; May 9, 2000, D.C. Law 13-96, § 9(b), 47 DCR 1081.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 45-2202.
1973 Ed., § 45-1802.
Effect of Amendments
D.C. Law 13-96 inserted "repayments of principal and any interest on loans provided under the District of Columbia Government Employer-Assisted Housing Program;" following "interest earned from the deposit or investment of monies of the Fund;".
Emergency Act Amendments
For temporary (90-day) amendment of section, see § 9(b) of the Government Employer-Assisted Housing Emergency Amendment Act of 1999 (D.C. Act 13-188, December 1, 1999, 46 DCR 10407).
For temporary (90-day) amendment of section, see § 9(b) of the Government Employer-Assisted Housing Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-258, February 9, 2000, 47 DCR 1124).
Legislative History of Laws
For legislative history of D.C. Law 2-103, see Historical and Statutory Notes following § 42-2601.
For legislative history of D.C. Law 9-118, see Historical and Statutory Notes following § 42-2601.
For legislative history of D.C. Law 12-60, see Historical and Statutory Notes following § 42-2601.
For Law 13-96, see notes following § 42-2601.
Editor's Notes
Because of the enactment of subchapter II of this chapter by D.C. Law 12-266, "subchapter" has been substituted for "chapter".
Miscellaneous Notes
Repeal of Law 9-118: Section 1101 of D.C. Law 12-60 repealed the District of Columbia Employer-Assisted Housing Act of 1992, D.C. Law 9-118.
Section 11 of D.C. Law 13-96 provides: "This act shall apply as of October 1, 1997."
The Fund shall be available without fiscal year limitation for the purpose of providing financial assistance for down payments or interim financing to recipients for the purpose of purchasing or securing housing, including single family homes, condominium units, or occupancy rights to cooperative housing in the District of Columbia as their principal place of residence and of providing financial assistance to District of Columbia government employees eligible under the District of Columbia Employer-Assisted Housing Program to purchase a home in the District of Columbia. Under terms and conditions prescribed by the Mayor of the District of Columbia ("Mayor"), the Fund shall be used for making loans and providing other forms of financial assistance. The assistance provided pursuant to the Fund may be used in conjunction with other available home assistance programs.
(Sept. 12, 1978, D.C. Law 2-103, § 4, 25 DCR 1977; Oct. 24, 1981, D.C. Law 4-44, § 2(c), 28 DCR 4265; June 11, 1992, D.C. Law 9-118, § 8(c), 39 DCR 3189; Mar. 20, 1998, D.C. Law 12-60, § 1101, 44 DCR 7378; May 9, 2000, D.C. Law 13-96, § 9(c), 47 DCR 1081.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 45-2203.
1973 Ed., § 45-1803.
Effect of Amendments
D.C. Law 13-96 rewrote the first sentence which formerly provided: "The Fund shall be available without fiscal year limitation for the purpose of providing financial assistance for down payments or interim financing to recipients for the purpose of purchasing or securing housing, including single family homes, condominium units, or occupancy rights to cooperative housing in the District of Columbia as their principal place of residence and of providing financial assistance to District of Columbia government employees eligible under the District of Columbia Employer-Assisted Housing Program to purchase a home in the District of Columbia."
Emergency Act Amendments
For temporary (90-day) amendment of section, see § 9(c) of the Government Employer-Assisted Housing Emergency Amendment Act of 1999 (D.C. Act 13-188, December 1, 1999, 46 DCR 10407).
For temporary (90-day) amendment of section, see § 9(c) of the Government Employer-Assisted Housing Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-258, February 9, 2000, 47 DCR 1124).
Legislative History of Laws
For legislative history of D.C. Law 2-103, see Historical and Statutory Notes following § 42-2601.
For legislative history of D.C. Law 4-44, see Historical and Statutory Notes following § 42-2601.
For legislative history of D.C. Law 9-118, see Historical and Statutory Notes following § 42-2601.
For legislative history of D.C. Law 12-60, see Historical and Statutory Notes following § 42-2601.
For Law 13-96, see notes following § 42-2601.
Miscellaneous Notes
Repeal of Law 9-118: Section 1101 of D.C. Law 12-60 repealed the District of Columbia Employer-Assisted Housing Act of 1992, D.C. Law 9-118.
Section 11 of D.C. Law 13-96 provides: "This act shall apply as of October 1, 1997."
(a) The Mayor is authorized to promulgate rules and regulations to govern the operation of the Fund, including but not limited to, rules and regulations establishing standards for determining the eligibility and selection of applicants; procedures for applying for assistance and for notifying applicants (including the development of appropriate forms); and criteria for determining the terms and conditions under which loans or other forms of financial assistance may be made from the Fund which, among things, shall reflect the ability of the recipient to pay and may provide for the deferred payment or forgiveness of loans. The rules and regulations issued by the Mayor for the purpose of implementing the provisions of this subchapter shall be submitted by the Mayor to the Council of the District of Columbia for a 45 calendar day review period, excluding days of Council recess. No such rules or regulations shall take effect until the end of the 45 calendar day period beginning on the day such rules or regulations are transmitted by the Mayor to the Chairman of the Council, and then only if during such period, the Council does not adopt a resolution disapproving such rules and regulations in whole or in part.
(b) Any loan agreement entered into pursuant to such rules and regulations shall provide that:
(1) All applicants for and recipients of financial assistance from the Funds shall be tenant organizations (as defined in § 42-3401.03(18) or a first time homebuyer seeking to purchase housing in the District of Columbia as a primary residence including, but not limited to, single family homes, condominium units, or occupancy rights to cooperative housing. For the purposes of this section, the term "first time homebuyer" means a real property purchaser who had no ownership interest in his or her principal residence at any time during the 3 year period ending on the date of his or her application for assistance, but including an applicant who has divorced or separated during the 3 year period where a formal settlement has been made under which the applicant does not receive an ownership interest in a primary residence which had been jointly owned, and who has no other current ownership interest in residential real property.
(1A) Priority in the allocation of assistance under the Fund shall be given to residents of the District of Columbia and District of Columbia residents who are low income, elderly, displaced applicants, or residents with disabilities.
(2) If the home purchased ceases to be the primary residence of the recipient of financial assistance from the Fund, the payments to such Fund by the recipient shall be accelerated on terms and conditions prescribed by the Mayor; provided, that such obligation shall not be inconsistent with the applicable law or regulations of any federal home purchase assistance program made available to the recipient.
(3) Repealed.
(Sept. 12, 1978, D.C. Law 2-103, § 5, 25 DCR 1977; Oct. 24, 1981, D.C. Law 4-44, § 2(d), 28 DCR 4265; Sept. 23, 1986, D.C. Law 6-151, § 2(b), 33 DCR 4783; Apr. 20, 1999, D.C. Law 12-259, § 2(b), 46 DCR 1316; Apr. 24, 2007, D.C. Law 16-305, § 61, 53 DCR 6198.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 45-2204.
1973 Ed., § 45-1804.
Effect of Amendments
D.C. Law 16-305, in subsec. (b)(1A), substituted "displaced applicants, or residents with disabilities" for "handicapped, disabled, or displaced applicants".
Legislative History of Laws
For legislative history of D.C. Law 2-103, see Historical and Statutory Notes following § 42-2601.
For legislative history of D.C. Law 4-44, see Historical and Statutory Notes following § 42-2601.
For legislative history of D.C. Law 6-151, see Historical and Statutory Notes following § 42-2601.
For legislative history of D.C. Law 12-259, see Historical and Statutory Notes following § 42-2601.
For Law 16-305, see notes following § 42-820.
Editor's Notes
Because of the enactment of subchapter II of this chapter by D.C. Law 12-266, "subchapter" has been substituted for "chapter" in the second sentence of (a).
Resolutions
Resolution 16-651, the "Home Purchase Assistance Program Approval Resolution of 2006", was approved effective May 29, 2006.
Miscellaneous Notes
Home Purchase Assistance Program Loan Repayment Resolution of 1998: Pursuant to Resolution 12-(PR12-890), effective October 7, 1998, the Council approved the amendment of Chapter 25 of the Home Purchase Assistance Program Regulations to authorize the use of loan repayment funds to pay reasonable administrative costs associated with making loans.
(a) An annual audit of the operations of the Fund shall be conducted by the Office of the Inspector General of the District of Columbia.
(b) Not later than 6 months after the end of each fiscal year, the Mayor shall submit to the Congress of the United States and to the Council of the District of Columbia a report of the financial condition of the Fund and the results of the operations for such fiscal year.
(c) The Mayor shall include in the budget estimates of the District of Columbia for each fiscal year, and there is authorized to be appropriated annually, such amounts out of the revenues of the District of Columbia as may be required for the Fund.
(Sept. 12, 1978, D.C. Law 2-103, § 6, 25 DCR 1977; Oct. 24, 1981, D.C. Law 4-44, § 2(e), 28 DCR 4265.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 45-2205.
1973 Ed., § 45-1805.
Legislative History of Laws
For legislative history of D.C. Law 2-103, see Historical and Statutory Notes following § 42-2601.
For legislative history of D.C. Law 4-44, see Historical and Statutory Notes following § 42-2601.
Miscellaneous Notes
Office of Internal Audits and Inspections abolished: The District of Columbia Office of Internal Audits and Inspections was replaced by Mayor's Order 79-7, dated January 2, 1979, and Mayor's Order 79-224, dated September 24, 1979, which Orders established the Office of the Inspection General of the District of Columbia.
