For the purposes of this chapter, the term:
(1) "Act" means this chapter.
(2) "Advisory Committee" means the committee, established in § 6-212, that advises the Mayor and the Authority.
(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;
(C) For a household of 2 persons, 80% 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 Board of Commissioners 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.
(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) "Commissioner" means a member of the Board.
(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;
(C) Expenses incurred for utility lines, structures, or equipment charges;
(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.
(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 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.
(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.)
HISTORICAL AND STATUTORY NOTES
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).
Temporary Amendments of Section
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 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
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).
Legislative History of Laws
Law 13-105, the "District of Columbia Housing Authority Act of 1999," was introduced in Council and assigned Bill No. 13-169, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on December 7, 1999, and December 21, 1999, respectively. Signed by the Mayor on January 18, 2000, it was assigned Act No. 13-254 and transmitted to both Houses of Congress for its review. D.C. Law 13-105 became effective on May 9, 2000.
Law 15-337, the "District of Columbia Housing Authority Amendment Act of 2004", was introduced in Council and assigned Bill No. 15-1076 which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on December 7, 2004, and December 21, 2004, respectively. Signed by the Mayor on January 19, 2005, it was assigned Act No. 15-752 and transmitted to both Houses of Congress for its review. D.C. Law 15- 337 became effective on April 12, 2005.
Law 16-192, the "Fiscal Year Budget Support Act of 2006", was introduced in Council and assigned Bill No. 16-679, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on May 9, 2006, and June 6, 2006, respectively. Signed by the Mayor on August 8, 2006, it was assigned Act No. 16-476 and transmitted to both Houses of Congress for its review. D.C. Law 16-192 became effective on March 2, 2007.
Law 16-305, the "People First Respectful Language Modernization Act of 2006", was introduced in Council and assigned Bill No. 16-664, which was referred to Committee on the Whole. The Bill was adopted on first and second readings on June 20, 2006, and July 11, 2006, respectively. Signed by the Mayor on July 17, 2006, it was assigned Act No. 16-437 and transmitted to both Houses of Congress for its review. D.C. Law 16-305 became effective on April 24, 2007.
Law 17-118, the "Arthur Capper/Carrollsburg Public Improvements Revenue Bonds Approval Amendment Act of 2008", was introduced in Council and assigned Bill No. 17-292 which was referred to the Committee on Finance and Revenue. The Bill was adopted on first and second readings on December 11, 2007, and January 8, 2008, respectively. Signed by the Mayor on January 24, 2008, it was assigned Act No. 17-262 and transmitted to both Houses of Congress for its review. D.C. Law 17-118 became effective on March 20, 2008.
Law 17-231, the "Omnibus Domestic Partnership Equality Amendment Act of 2008", was introduced in Council and assigned Bill No. 17-135, which was referred to the Committee on Public Safety and the Judiciary. The Bill was adopted on first and second readings on April 1, 2008, and May 6, 2008, respectively. Signed by the Mayor on June 6, 2008, it was assigned Act No. 17-403 and transmitted to both Houses of Congress for its review. D.C. Law 17-231 became effective on September 12, 2008.
For Law 17-353, see notes following § 28-3151.
Miscellaneous Notes
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".
(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. 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.
(c) There is established the District of Columbia Housing 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 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 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.
(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 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, the unexpended amount of such funds shall revert to the fund balance of the General Fund of the District of Columbia.
(May 9, 2000, D.C. Law 13-105, § 3, 47 DCR 1325; Oct. 20, 2005, D.C. Law 16-33, § 2022, 52 DCR 7503.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 16-33 added subsec. (d).
Emergency Act Amendments
For temporary (90-day) addition of section, see notes following § 6-201.
For temporary (90 day) amendment of section, see § 2022 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).
Legislative History of Laws
For Law 13-105, see notes following § 6-201.
Law 16-33, the "Fiscal Year 2006 Budget Support Act of 2005", was introduced in Council and assigned Bill No. 16-200 which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on May 10, 2005, and June 21, 2005, respectively. Signed by the Mayor on July 26, 2005, it was assigned Act No. 16-166 and transmitted to both Houses of Congress for its review. D.C. Law 16-33 became effective on October 20, 2005.
Miscellaneous Notes
Short title of subtitle C of title II of Law 16-33: Section 2021 of D.C. Law 16-33 provided that subtitle C of title II of the act may be cited as the District Support for Public Housing Amendment Act of 2005.
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.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 16-305, in par. (5), substituted "residents with disabilities" for "disabled".
Emergency Act Amendments
For temporary (90-day) addition of section, see notes following § 6-201.
Legislative History of Laws
For Law 13-105, see notes following § 6-201.
For Law 16-305, see notes following § 6-201.
Miscellaneous Notes
Section 2 of D.C. Law 17-364 provides:
"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."
(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.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 15-337, in subsecs. (a) and (b), substituted "for-profit activities" for "for-profit activities involving Housing Properties".
Temporary Amendments of Section
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).
Emergency Act Amendments
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).
Legislative History of Laws
For Law 13-105, see notes following § 6-201.
For Law 15-337, see notes following § 6-201.
(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.
(May 9, 2000, D.C. Law 13-105, § 6, 47 DCR 1325.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90-day) addition of section, see notes following § 6-201.
Legislative History of Laws
For Law 13-105, see notes following § 6-201.
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.
(May 9, 2000, D.C. Law 13-105, § 7, 47 DCR 1325.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90-day) addition of section, see notes following § 6-201.
Legislative History of Laws
For Law 13-105, see notes following § 6-201.
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.
(May 9, 2000, D.C. Law 13-105, § 8, 47 DCR 1325.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90-day) addition of section, see notes following § 6-201.
Legislative History of Laws
For Law 13-105, see notes following § 6-201.
(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.
(May 9, 2000, D.C. Law 13-105, § 9, 47 DCR 1325.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90-day) addition of section, see notes following § 6-201.
Legislative History of Laws
For Law 13-105, see notes following § 6-201.
(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, or Commissioner of the Authority shall be held personally liable solely because an Obligation is issued. The Authority shall indemnify any person who shall have served as a Commissioner, 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.
(May 9, 2000, D.C. Law 13-105, § 10, 47 DCR 1325; Mar. 20, 2008, D.C. Law 17-118, § 102(b), 55 DCR 1461.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 17-118 added subsec. (n).
Emergency Act Amendments
For temporary (90-day) addition of section, see notes following § 6-201.
For temporary (90 day) amendment of section, see § 102(b) 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).
Legislative History of Laws
For Law 13-105, see notes following § 6-201.
For Law 17-118, see notes following § 6-201.
(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.
(May 9, 2000, D.C. Law 13-105, § 11, 47 DCR 1325.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90-day) addition of section, see notes following § 6-201.
Legislative History of Laws
For Law 13-105, see notes following § 6-201.
(a) The powers of the Authority shall be vested in the Board. The Board shall consist of 11 voting Commissioners, to be appointed as follows:
(1) Four public Commissioners, nominated by the Mayor, with the advice and consent of the Council by resolution;
(2) Three resident Commissioners who shall be elected in an election held in, and for certain residents of, the Authority's Housing Properties;
(2A) One housing choice voucher program recipient Commissioner, nominated by the Mayor, with the advice and consent of the Council by resolution;
(3) One ex officio Commissioner, the Deputy Mayor for Planning and Economic Development;
(4) One Commissioner who shall be a labor representative named by the central labor council, except that the Commissioner shall not be an employee of the Authority; and
(5) One Commissioner who shall be a housing advocacy representative named by the D.C. Consortium of Legal Services Providers, except that the Commissioner shall not be an employee of the Authority.
(b) Those persons nominated by the Mayor pursuant to subsection (a)(1) of this section shall meet the following requirements:
(1) Each individual's appointment may be recommended by official action of the Advisory Committee; or
(2) Each individual shall be selected by the Mayor from among District residents; provided, that each meets the other criteria indicated in subsections (c) and (d) of this section.
(c) In addition to the requirements of subsections (b) and (d) of this section, each person nominated by the Mayor or recommended by the Advisory Committee shall be an individual who:
(1) Has demonstrated knowledge of, and competence in, corporate governance; public housing law and regulations; real estate and construction; public housing development, operation, and management; subsidized or nonprofit housing production and development; multi-family housing development or management; business finance and investment; community-based redevelopment policies or activities; public management or administration; personnel or procurement administration; municipal finance or law; or philanthropy and social services; and
(2) Is not an officer or employee of the federal government or the District government.
(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) The Mayor shall transmit resolutions for the appointments of the 4 public Commissioners to the Council within 90 days of May 9, 2000.
(f) The ex-officio Commissioner shall serve by virtue of his or her incumbency in a District government office.
(g) A vacancy on the Board shall be filled in the same manner in which the original appointment was made.
(h) All Commissioners shall spend at least 5 days per year in training or educational seminars on corporate governance, public housing law and regulations, labor and personnel, real estate and construction, or other subjects related to public housing development, operation, and management, the cost of which training shall be paid by the Authority.
(i) The elected Commissioners shall be public housing residents, one of whom shall be a resident of, and elected by, the residents of General Population Housing and one of whom shall be a resident of, and elected by, the residents of Mixed Population Housing. No candidate shall be eligible to run for the position of Commissioner unless then in full compliance with his or her lease with the Authority. The Authority shall hold the first election for these 3 seats no later than 180 days after May 9, 2000, in accordance with the provisions hereinafter set forth, and shall provide the names of the elected candidates to the Mayor as soon as practicable thereafter. Each elected Commissioner shall remain on the Board only if he or she continues to reside in public housing in the District.
(j) The Commissioners shall serve 3-year terms, which shall be staggered. On the initial Board, the 3 elected Commissioners shall each serve a term of 3 years, the Chairperson shall serve a term of 3 years, 2 of the appointed Commissioners shall each serve initial terms of 2 years, and the remaining Commissioners shall each serve a term of one year.
(k)(1) The initial elections for the 3 elected Commissioners shall be conducted in accordance with rules and procedures established by the Receiver. Thereafter, elections shall be conducted in accordance with rules and procedures established by the Board, and shall be held no sooner than 5 months and no later than 2 months prior to the expiration of the then current 3-year term. All elections shall be held under the supervision of an independent expert in election monitoring, to be selected by the Receiver for the initial election and thereafter by the Board.
(2) The results of each election shall be retained until the elected Commissioners begin their term pursuant to the next scheduled election. If one of the elected Commissioners becomes unable to serve or is removed from the Board as hereinafter provided, that Commissioner's seat for the remaining term shall be filled as follows:
(A) If the remaining term is less than 180 days, a new Commissioner shall be appointed by the City-Wide Resident Council Advisory Board; or
(B) If the remaining term is 180 days or more, a special election shall be held in accordance with the procedures established under paragraph (1) of this subsection.
(l) Each vacancy in an unexpired term of an appointed Commissioner shall be filled by appointment within no more than 90 days of the vacancy in the same manner as the appointment was made, and shall be for the duration of the unexpired term.
(m) The Mayor shall designate one of his or her 4 nominees nominated pursuant to subsection (a)(1) of this section as Chairperson. The ex officio Commissioner shall not be appointed as Chairperson. The Chairperson shall conduct the meetings of the Board in accordance with procedures established by the Board.
(n) The Commissioners may select a Vice Chairperson from among themselves, with a term and functions to be determined by them.
(o) Resident Commissioners shall not be in violation or default of their lease obligations to the Authority. Any such violation or default, and failure to cure the same, if available, within the applicable period of time after notice, shall be cause for a resident Commissioner's removal from the Board. In addition, subject to a final determination through the applicable grievance or other procedure, (which shall include notice of the charges against the resident Commissioner and an opportunity to be heard in person or by counsel in his defense), a resident Commissioner's eviction or voluntary departure from the Authority's Housing Properties, shall be cause for removal from the Board. During the pendency of any action against a resident Commissioner, the Commissioner may be suspended.
(p) No Commissioner shall have any past due taxes, special assessments, or other charges owing to the District. Failure to timely pay any such amounts due, or to pay overdue taxes, assessments, or other District charges after demand therefor and after a final determination pursuant to the applicable grievance or other procedure, (which shall include notice of the charges against the elected Commissioner and an opportunity to be heard in person or by counsel in his defense), shall be cause for a Commissioner's removal from the Board.
(q) Other than the ex officio Commissioner and the labor representative who is a Commissioner, no person shall serve as a Commissioner who is an employee of the Authority or of the District government; a member of any District board or commission (including those that are purely advisory, except for Advisory Neighborhood Commissions); a spouse or domestic partner of the head of a District department or agency; a spouse or domestic partner of an Authority employee; a spouse or domestic partner of an elected official; or a parent or child of any of the above persons.
(r) No Commissioner 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 Commissioner, other than the ex officio Commissioner and the Chairperson, shall be entitled to a stipend of $3,000 per year for their service on the Board; the Chairperson shall be entitled to a stipend of $5,000 per year. Each Commissioner also shall be entitled to reimbursement of actual travel and other expenses reasonably related to attendance at Board meetings and fulfillment of official duties. Stipends and reimbursements shall be made at least quarterly.
(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 Commissioner 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) To promulgate rules and procedures for the election of the elected Commissioners, and to conduct such elections;
(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) The Board shall meet regularly at least 10 times each calendar year. All meetings of the Board shall be conducted in public after publication of notice of the date, time, and location of the meeting, at least one week prior thereto, in the District of Columbia Register. Each meeting shall provide for a period for public comments, which shall not be limited in time, except that the time allowed each individual speaker may be reasonably limited. To allow the Board to meet and entertain any proposed action, there must be a quorum present, which shall consist of 5 Commissioners. The public notice requirement of this subsection shall not preclude the holding of an emergency meeting of the Board if the meeting is deemed by the Chairperson to be necessary. If a proposed action concerns a personnel matter, a claim or contract in negotiation, or some other matter of a sensitive nature, the Board may adjourn its public session to discuss the matter in an executive session, but must return to its public session to vote on the matter.
(May 9, 2000, D.C. Law 13-105, § 12, 47 DCR 1325; Apr. 12, 2005, D.C. Law 15-337, § 2(c), 52 DCR 2278; Sept. 12, 2008, D.C. Law 17-231, § 15(b), 55 DCR 6758; Mar. 23, 2010, D.C. Law 18-131, § 2, 57 DCR 1193; Mar. 31, 2011, D.C. Law 18-334, § 2, 58 DCR 30.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 15-337, in subsec. (q), substituted "(including those that are purely advisory, except for Advisory Neighborhood Commissions)" for "(including those that are purely advisory)"; rewrote subsec. (s); and rewrote the first three sentences of subsec. (w) which had read: "The Board shall meet at least once each month. All meetings of the Board shall be conducted in public after publication of notice of the date, time, and location of the meeting, at least one week prior thereto, in the District of Columbia Register. Each meeting shall commence with a period for public comments, which shall not be limited in time, except that the time allowed each individual speaker may be reasonably limited." Prior to amendment, subsec. (s) read as follows:
"(s) Each Commissioner shall be entitled to compensation at the hourly rate of $25 per meeting, not to exceed $3,000 for each board member per year; provided, that each Commissioner shall be entitled to reimbursement of actual travel and other expenses reasonably related to the Commissioner's attendance at Board meetings and fulfillment of official duties."
D.C. Law 17-231, in subsec. (q), substituted "spouse or domestic partner" for "spouse".
D.C. Law 18-131, in subsec. (a), substituted "11" for "9" in the lead in language, added pars. (2A) and (5), deleted "; and" from the end of par. (3), and substituted "; and" for a period at the end of par. (4); in subsec. (b), inserted "pursuant to subsection (a)(1) of this section"; in subsec. (m), inserted "nominated pursuant to subsection (a)(1) of this section"; and, in subsec. (l), substituted "Elected" for "Resident", "a resident" for "an elected", and "the resident" for "the elected".
D.C. Law 18-334, in subsec. (a)(2A), substituted "housing choice voucher program recipient" for "recipient".
Emergency Act Amendments
For temporary (90-day) addition of section, see notes following § 6-201.
Legislative History of Laws
For Law 13-105, see notes following § 6-201.
For Law 15-337, see notes following § 6-201.
For Law 17-231, see notes following § 6-201.
Law 18-131, the "District of Columbia Housing Authority Board of Commissioners Amendment Act of 2010", was introduced in Council and assigned Bill No. 18-458, which was referred to the Committee on Housing and Workforce Development. The bill was adopted on first and second readings on December 15, 2009, and January 5, 2010, respectively. Approved without signature of the Mayor on January 25, 2010, it was assigned Act No. 18-293 and transmitted to both Houses of Congress for its review. D.C. Law 18-131 became effective on March 23, 2010.
Law 18-334, the "District of Columbia Housing Authority Board of Commissioners Amendment Act of 2010", was introduced in Council and assigned Bill No. 18- 1005, which was referred to the Committee on Housing and Workforce Development. The Bill was adopted on first and second readings on November 23, 2010, and December 7, 2010, respectively. Enacted without signature of the Mayor on January 8, 2011, it was assigned Act No. 18-656 and transmitted to both Houses of Congress for its review. D.C. Law 18-334 became effective on March 31, 2011.
(a) There is established an Authority Advisory Committee.
(b) The membership on the Advisory Committee shall consist of 7 members, with one member representing each of the following organizations, or the successors in interest to these organizations (if an organization has no direct successor, the Board shall select an appropriate replacement organization):
(1) DC Action for Children;
(2) The D.C. Chamber of Commerce;
(3) The Coalition for Nonprofit Housing Development;
(4) The D.C. Building Industry Association;
(5) A representative of the advocacy organizations that instituted the lawsuit entitled Pearson v. Kelly, et al., 92-CA-14030 (Sup. Ct. D.C., May 19, 1995);
(6) One resident of the Authority's Housing Properties; and
(7) The Mayor's Special Assistant in charge of the Office of Boards and Commissions.
(c) Members shall serve without compensation.
(d) The Advisory Committee shall advise the Mayor and the Authority with respect to the following:
(1) The naming of appropriate candidates as public members of the Board; and
(2) Any other issues directly related to the operations of the Authority.
(e) Within 15 days of May 9, 2000, the organizations described in subsection (b) of this section shall provide the Mayor and the Receiver with the name of its representative to the Advisory Committee. The first meeting of the Advisory Committee shall be scheduled by the Receiver, and shall be held no later than 30 days after May 9, 2000.
(f) The Advisory Committee shall remain in existence beyond the establishment of the Board, and shall convene when necessary to assist the Mayor in selecting new nominees if a position on the Board is vacated or becomes available upon the expiration of a member's term.
(g) When a member of the Advisory Committee resigns or is replaced, the name of a successor shall be provided to the Board by the organization which the member represents.
(h) The Advisory Committee shall select 3 suitable candidates for each of the 4 Mayor-appointed Commissioner positions, and shall submit its nominees to the Mayor by no later than 60 days after May 9, 2000. The Mayor may select one person from each group of 3 submitted by the Advisory Committee for each of the public appointed positions.
(i) In making suggestions to the Mayor for nominees for the Board, the Advisory Committee shall select persons with experience in at least one of the fields enumerated in § 5-161(c)(1).
(May 9, 2000, D.C. Law 13-105, § 13, 47 DCR 1325.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90-day) addition of section, see notes following § 6-201.
Legislative History of Laws
For Law 13-105, see notes following § 6-201.
(a) 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 receive compensation and other terms and conditions of employment as shall be fixed by the Board. The Executive Director shall be a District resident and shall remain a District residency throughout his or her term and failure to maintain District residency shall result in a forfeiture of the position.
(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, to the Council for review and comment not less than 45 days prior to submitting the required documents to HUD.
(c) The Executive Director shall, subject to the direction and supervision of the Board:
(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.
(May 9, 2000, D.C. Law 13-105, § 14, 47 DCR 1325; Feb. 6, 2008, D.C. Law 17-108, § 208(a), 54 DCR 10993.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 17-108, in subsec. (a), inserted "The Executive Director shall be a District resident and shall remain a District residency throughout his or her term and failure to maintain District residency shall result in a forfeiture of the position."
Emergency Act Amendments
For temporary (90-day) addition of section, see notes following § 6-201.
Legislative History of Laws
For Law 13-105, see notes following § 6-201.
Law 17-108, the "Jobs for D.C. Residents Amendment Act of 2007", was introduced in Council and assigned Bill No. 17-185 which was referred to the Committee on Workforce Development and Government Operations. The Bill was adopted on first and second readings on July 10, 2007, and October 2, 2007, respectively. Signed by the Mayor on October 26, 2007, it was assigned Act No. 17-172 and transmitted to both Houses of Congress for its review. D.C. Law 17-108 became effective on February 6, 2008.
(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.
(May 9, 2000, D.C. Law 13-105, § 15, 47 DCR 1325.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90-day) addition of section, see notes following § 6-201.
Legislative History of Laws
For Law 13-105, see notes following § 6-201.
(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) Notwithstanding the provisions of Unit A of Chapter 14 of Title 2, each qualified District resident applicant shall receive an additional 10-point preference over a qualified non-District resident applicant for all positions within the Authority unless the applicant declines the preference. This 10- point preference shall be in addition to, and not instead of, qualifications established for the position. All persons hired after February 6, 2008, shall submit proof of residency upon employment in a manner determined by the Board. An applicant claiming the hiring preference under this section shall agree in writing to maintain bona fide District residency for a period of 7 consecutive years from the effective date of hire and shall provide proof of such residency annually to the director of personnel of the Authority for the first 7 years of employment. Failure to maintain District residency for the consecutive 7-year period shall result in forfeiture of employment. The Authority shall submit to the Mayor and the Council annual reports detailing the names of all new employees and their pay schedules, titles, and place of residence.
(May 9, 2000, D.C. Law 13-105, § 16, 47 DCR 1325; Feb. 6, 2008, D.C. Law 17-108, § 208(b), 54 DCR 10993.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 17-108 added subsec. (f).
Emergency Act Amendments
For temporary (90-day) addition of section, see notes following § 6-201.
Legislative History of Laws
For Law 13-105, see notes following § 6-201.
For Law 17-108, see notes following § 6-216.
(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.
(May 9, 2000, D.C. Law 13-105, § 17, 47 DCR 1325.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90-day) addition of section, see notes following § 6-201.
Legislative History of Laws
For Law 13-105, see notes following § 6-201.
(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.
(May 9, 2000, D.C. Law 13-105, § 18, 47 DCR 1325.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90-day) addition of section, see notes following § 6-201.
Legislative History of Laws
For Law 13-105, see notes following § 6-201.
The provisions of 5 U.S.C. §§ 7321 through 7328 affecting political activities of employees shall apply to employees of the Authority.
(May 9, 2000, D.C. Law 13-105, § 19, 47 DCR 1325.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90-day) addition of section, see notes following § 6-201.
Legislative History of Laws
For Law 13-105, see notes following § 6-201.
Until the Board promulgates procurement regulations in accordance with this section, the Authority's existing rules governing procurement shall continue to apply. Within 180 days of May 9, 2000, 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. The Procurement Act shall not apply to contracts and contractors of the Authority, except that subchapter IX of Chapter 6 of Title 1 shall apply to contract protests, appeals, and claims arising from procurements of the Housing Authority.
(May 9, 2000, D.C. Law 13-105, § 20, 47 DCR 1325.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90-day) addition of section, see notes following § 6-201.
Legislative History of Laws
For Law 13-105, see notes following § 6-201.
(a) An affidavit of financial disclosure shall be completed and submitted by each Commissioner 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 Commissioner or his or her term of employment, no former Commissioner 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 Commissioner or Executive Director in connection with such matter. This provision shall not preclude compliance with a subpoena duly issued to any former Commissioner or Executive Director.
(c)(1) The General Counsel shall advise the Board of potential conflict of interests involving any Commissioner 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;
(C) There is no conflict of interest; or
(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.
(May 9, 2000, D.C. Law 13-105, § 21, 47 DCR 1325.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90-day) addition of section, see notes following § 6-201.
Legislative History of Laws
For Law 13-105, see notes following § 6-201.
(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;
(C) There is no conflict of interest; or
(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.
(May 9, 2000, D.C. Law 13-105, § 22, 47 DCR 1325.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90-day) addition of section, see notes following § 6-201.
Legislative History of Laws
For Law 13-105, see notes following § 6-201.
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.
(May 9, 2000, D.C. Law 13-105, § 23, 47 DCR 1325.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90-day) addition of section, see notes following § 6-201.
Legislative History of Laws
For Law 13-105, see notes following § 6-201.
(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.
(May 9, 2000, D.C. Law 13-105, § 24, 47 DCR 1325; Mar. 2, 2007, D.C. Law 16-191, § 28, 54 DCR 6794.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 16-191, in subsec. (j), substituted "Police Complaint Board" for "Citizen Complaint Review Board ('CCRB')" in the first sentence, and substituted "Police Complaint Board" for "CCRB" in the second sentence.
Legislative History of Laws
For Law 13-105, see notes following § 6-201.
Law 16-191, the "Technical Amendments Act of 2006", was introduced in Council and assigned Bill No. 16-760, which was referred to the Committee of the whole. The Bill was adopted on first and second readings on June 20, 2006, and July 11, 2006, respectively. Signed by the Mayor on July 31, 2006, it was assigned Act No. 16-475 and transmitted to both Houses of Congress for its review. D.C. Law 16-191 became effective on March 2, 2007.
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.
(May 9, 2000, D.C. Law 13-105, § 25, 47 DCR 1325.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90-day) addition of section, see § 24 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 § 24 of the District of Columbia Housing Authority Congressional Review Emergency Act of 2000 (D.C. Act 13-346, June 5, 2000, 47 DCR 4980).
Legislative History of Laws
For Law 13-105, see notes following § 6-201.
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; and
(6) Business Improvement Districts.
(May 9, 2000, D.C. Law 13-105, § 26, 47 DCR 1325; Sept. 26, 2012, D.C. Law 19-171, § 47, 59 DCR 6190.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 19-171, in par. (3), substituted "Department of General Services" for "Office of Property Management".
Emergency Act Amendments
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).
Legislative History of Laws
For Law 13-105, see notes following § 6-201.
Law 19-171, the "Technical Amendments Act of 2012", was introduced in Council and assigned Bill No. 19-397, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on March 20, 2012, and April 17, 2012, respectively. Signed by the Mayor on May 23, 2012, it was assigned Act No. 19-376 and transmitted to both Houses of Congress for its review. D.C. Law 19-171 became effective on September 26, 2012.
(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 Authority shall administer the program and shall promulgate rules for its implementation. The assistance under this section, § 6-227, and § 6-228 shall not constitute an entitlement.
(b) The Authority shall allocate the funds appropriated for the program annually toward project-based and sponsor-based voucher assistance, as described in § 6-227, tenant-based assistance, as described in § 6-228, and capital-based assistance, as described in § 6-229.
(c) The Authority shall promulgate rules, subject to Council approval, as required in §§ 6-227 and 6-228, which shall govern the distribution of funds under this program. If federal rules affect local funds, the Authority shall incorporate such rules into the submission to the Council required under this section, § 6-227, and § 6-228, except if the rules are inconsistent with this section, § 6-227, and § 6-228. The rules shall provide for allocating project-based, tenant-based, and sponsor-based funds to maintain or create new affordable housing units, including by combining funds under this program with other sources of funds for housing production and development.
(d)(1) There is established a fund designated as the Rent Supplement Fund ("Fund"), which shall be separate from the General Fund of the District of Columbia. All revenues, grants, receipts, or other funds specifically identified or required by any provision of District of Columbia law to be paid into the Fund, and all interest earned on those funds, shall be deposited in the Fund without regard to fiscal year limitation pursuant to an act of Congress and shall be used solely to fund grants and provide assistance as set forth in this section and § 6-227. All funds deposited into the Fund shall not revert to the General Fund of the District of Columbia at the end of any fiscal year or at any other time, but shall be continually available for the uses and purposes set forth in this section and § 6-227, subject to authorization by Congress in an appropriations act.
(2) With regard to project-based and sponsor-based voucher assistance, in any given year, the Authority shall spend the specified percentage of its funds that accrues in that year for the purpose of funding grants under this section, unless it provides written justification to the Council for not doing so.
(e)(1) The Authority shall fill no fewer than 175 units in new or existing Rent Supplement Program project-based or sponsor-based units with Housing First program participants. The Authority shall require providers of project-based or sponsor-based housing under the Rent Supplement Program to provide a preference for and house families and individuals referred to their programs by the Department of Human Services.
(2) This subsection shall not apply if the fiscal year 2012 appropriation for the Department of Human Services is increased by $1,600,000, pursuant to the Fiscal Year 2012 Budget Request Act, passed by the Council on May 25, 2011 (Bill 19-202) [D.C. Act 19-92].
(May 9, 2000, D.C. Law 13-105, § 26a, as added Mar. 2, 2007, D.C. Law 16- 192, § 2142(b), 53 DCR 6899; Mar. 3, 2010, D.C. Law 18-111, § 2241(a), 57 DCR 181; Sept. 14, 2011, D.C. Law 19-21, § 2032, 58 DCR 6226.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 18-111 rewrote subsec. (b), which had read as follows:
"(b) The Authority shall allocate the funds appropriated for the program annually toward project-based and sponsor-based voucher assistance, as described in § 6-227, and tenant-based assistance, as described in § 6-228."
D.C. Law 19-21 added subsec. (e).
Emergency Act Amendments
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 § 2241(a) 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) amendment of section, see § 2241(a) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).
Legislative History of Laws
For Law 16-192, see notes following § 6-201.
Law 18-111, the "Fiscal Year 2010 Budget Support Act of 2009", was introduced in Council and assigned Bill No. 18-203, which was referred to the Committee on the Whole. The bill was adopted on first and second readings on May 12, 2009, and September 22, 2009, respectively. Signed by the Mayor on December 18, 2009, it was assigned Act No. 18-255 and transmitted to both Houses of Congress for its review. D.C. Law 18-111 became effective on March 3, 2010.
Law 19-21, the "Fiscal Year 2012 Budget Support Act of 2011", was introduced in Council and assigned Bill No. 19-203, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on May 25, 2011, and June 14, 2011, respectively. Signed by the Mayor on July 22, 2011, it was assigned Act No. 19-98 and transmitted to both Houses of Congress for its review. D.C. Law 19-21 became effective on September 14, 2011.
Resolutions
Resolution 18-453, the "District of Columbia Housing Authority Rent Supplement Proposed Rulemaking Emergency Approval Resolution of 2010", was approved effective April 20, 2010.
Miscellaneous Notes
Short title: Section 2240 of D.C. Law 18-111 provided that subtitle Y of title II of the act may be cited as the "Local Rent Supplement Amendment Act of 2009".
Short title: Section 2031 of D.C. Law 19-21 provided that subtitle D of title II of the act may be cited as "Rent Supplement Prioritization and Funding Act of 2011".
(a) The funds allocated under the program for project-based and 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.
(c) 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 such grants under this section, except where such rules are inconsistent with this legislation. 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, § 6-226, and § 6-228, except if the rules are inconsistent with this section, § 6-226, and § 6-228. 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) To maintain consistency for households receiving rental housing support, the Authority shall, to the extent possible, given funding resources available in the Rent Supplement Program, continue to fund project-based and sponsor-based grantees at the same level, adjusted for inflation, on an annual basis, unless the Authority determines that a grantee is not meeting the criteria set forth in the rules governing the Partnership Program or is not adhering to other standards set forth by rule by the Authority.
(e)(1) Beginning in fiscal year 2014, and for each fiscal year thereafter, the Authority subsidy shall include at least $2,000,000 for project-based and sponsor-based voucher assistance. This funding shall be in addition to any amount allocated for project-based and sponsor-based voucher assistance as of October 1, 2012.
(2) In fiscal year 2013, the Authority shall issue a Request for Proposals for the awarding of the additional funds for project-based and sponsor-based voucher assistance referenced in paragraph (1) of this subsection.
(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.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 19-168 added subsec. (e).
Temporary Amendments of Section
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 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
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).
Legislative History of Laws
For Law 16-192, see notes following § 6-201.
Law 19-168, the "Fiscal Year 2013 Budget Support Act of 2012", was introduced in Council and assigned Bill No. 19-743, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on May 15, 2012, and June 5, 2012, respectively. Signed by the Mayor on June 22, 2012, it was assigned Act No. 19-385 and transmitted to both Houses of Congress for its review. D.C. Law 19-168 became effective on September 20, 2012.
Miscellaneous Notes
Short title: Section 2191 of D.C. Law 19-168 provided that subtitle T of title II of the act may be cited as "Local Rent Supplement Project-Based and Sponsor-Based Funding Amendment Act of 2012".
(a) The funds allocated for tenant-based assistance shall be administered through the Authority's Housing Choice Voucher Program. Except as provided in 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. Existing rules, regulations, policies, and procedures affecting the Rent Supplement Program shall be submitted for Council review as required by § 6-226.
(b) Eligible families shall be selected from 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 families shall be extremely low-income; and
(2) 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. The percentage shall be determined by the Authority and shall be included in the rules adopted for the program.
(May 9, 2000, D.C. Law 13-105, § 26c, as added Mar. 2, 2007, D.C. Law 16- 192, § 2142(b), 53 DCR 6899.)
HISTORICAL AND STATUTORY NOTES
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2 of Veterans Rental Assistance Temporary Amendment Act of 2008 (D.C. Law 17-189, July 18, 2008, law notification 55 DCR 9767).
Emergency Act Amendments
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 of Displaced Veterans Rental Assistance Emergency Amendment Act of 2008 (D.C. Act 17-351, April 17, 2008, 55 DCR 5366).
For temporary (90 day) amendment of section, see § 2 of Veterans Rental Assistance Congressional Review Emergency Act of 2008 (D.C. Act 17-438, July 16, 2008, 55 DCR 8286).
Legislative History of Laws
For Law 16-192, see notes following § 6-201.
Funds remaining in the Rent Supplement Fund at the end of any fiscal year that are not needed by the Authority to satisfy its current contractual obligations for project-based, sponsor-based, or tenant-based assistance, including any rent increase adjustments, shall be allocated for a reserve equal to $5.88 million plus 2 months of program payment obligations for its then current contractual obligations, with all remaining funds to be allocated as capital gap financing for the construction or rehabilitation of housing units for which project-based or sponsor-based assistance was previously awarded as an operating subsidy. The funding shall be distributed in the form of construction or capital improvement grants. All units constructed or improved with funds allocated pursuant to this section shall comply with all applicable requirements promulgated by the Authority pursuant to §§ 6-226, 6-227, and 6-228.
(May 9, 2000, D.C. Law 13-105, § 26d, as added Mar. 3, 2010, D.C. Law 18- 111, § 2241(b), 57 DCR 181.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
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).
Legislative History of Laws
For Law 18-111, see notes following § 6-226.
