For the purposes of this chapter, the term:
(1)(A) "Area median income" means:
(i) 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;
(ii) For a household of 3 persons, 90% of the area median income for a household of 4 persons;
(iii) For a household of 2 persons, 80% of the area median income for a household of 4 persons;
(iv) For a household of one person, 70% of the area median income for a household of 4 persons;
(v) 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).
(B) Any percentage of household income referenced in this chapter (e.g., 80% of household income) shall be determined through a direct mathematical calculation and shall not take into account any adjustments made by the United States Department of Housing and Urban Development for the purposes of the programs it administers.
(1A) "Board" means the Housing Production Trust Fund Board established under § 42-2802.01.
(1B) "Child development facility" means a facility where a child development program is provided for infants and children, away from home, for less than 24 hours a day for each infant or child, and which is to be located on a proposed housing or commercial project under a linked development agreement. The term "child development facility" shall include a child development center, child development home, or infant care center, but does not include a public or private elementary school engaged in legally required education and related functions.
(1C) "Continuing affordability" means:
(A) For rental units, a period of at least 40 years; and
(B) For for-sale units, a period of at least 15 years, unless the unit is located in a census tract with a poverty rate of 30 percent or more as determined by the U.S. Census Bureau's decennial census, in which case the period shall be 10 years. If a for-sale unit is sold within the term of years under this paragraph, the new affordability term shall begin on the date of the sale.
(1D) "Department" means the Department of Housing and Community Development.
(2) "District" means the District of Columbia.
(2A) "Eligible household" means a household that, at the time of its purchase of a qualified housing unit, had total annual income at or below 120% of the area median income; provided, that the annual incomes of eligible households assisted through an allocation of proceeds from the Housing Production Trust Fund shall not exceed 80% of the area median income.
(3) "Extremely low income" means a household income equal to 30% or less of the area median income.
(4) "Fund" means the Housing Production Trust Fund established pursuant to § 42-2802.
(5) "Housing production" means the construction, rehabilitation, or preservation of decent, safe, and affordable housing.
(5A) "Land Trust Plan" means the District of Columbia Workforce Housing Land Trust Design and Implementation Plan, as amended and approved by subchapter III-A of Chapter 10 of Title 6.
(6) "Low income" means a household income equal to, or less than, 80% of the area median income and greater than 50% of the area median income.
(7) "Moderate income" means a total income equal to between 50% and 80% of the Standard Metropolitan Statistical Area median as certified by the Department.
(8) "Nonprofit housing developer" means a housing developer who qualifies as a nonprofit organization under 26 U.S.C. 501(c)(3).
(9) "Targeted population" means low and moderate income families and individuals, including the elderly, people with disabilities, and single parent families.
(9A) "Very low income" means a household income equal to, or less than, 50% of the area median income and greater than 30% of the area median income.
(10) "WMATA" means Washington Metropolitan Area Transit Authority.
(11) "Workforce Housing Land Trust" means the tax-exempt organization selected by the Deputy Mayor for Planning and Economic Development to administer the pilot program pursuant to § 6-1061.02(b).
(12) "Workforce Housing Production Program Approval Act" means subchapter III-A of Chapter 10 of Title 6.
(Mar. 16, 1989, D.C. Law 7-202, § 2, 36 DCR 444; Apr. 19, 2002, D.C. Law 14-114, § 501(a), 49 DCR 1468; Nov. 13, 2003, D.C. Law 15-39, § 222(a), 50 DCR 5668; Mar. 13, 2004, D.C. Law 15-105, § 74(a)(1), 51 DCR 881; Dec. 7, 2004, D.C. Law 15-205, § 2012(a), 51 DCR 8441; Apr. 13, 2005, D.C. Law 15-354, § 60, 52 DCR 2638; Apr. 24, 2007, D.C. Law 16-305, § 62, 53 DCR 6198; Dec. 24, 2008, D.C. Law 17-285, § 3(a), 55 DCR 11986.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 45-3101.
Effect of Amendments
D.C. Law 14-114 redesignated existing par. (1) as par. (1B); inserted pars. (1), (1A), (3A), and (9A); and rewrote par. (6) which had read:
"(6) "Low-income" means a total income equal to less than 50% of the Standard Metropolitan Statistical Area median as certified by the Department."
D.C. Law 15-39 added the definition of continuing affordability.
D.C. Law 15-105, in sub-subpars. (iii), (iv), and (v) of par. (1)(A), and in par. (3), validated previously made technical corrections.
D.C. Law 15-205, in par. (1C), substituted "40" for "30" in subpar. (A), and rewrote subpar. (B) which had read as follows:
"(B) For for-sale units, a period of at least 5 years."
D.C. Law 15-354 validated previously made technical changes.
D.C. Law 16-305, in par. (9), substituted "people with disabilities" for "the disabled".
D.C. Law 17-285 added pars. (2A), (5A), (11), and (12).
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2(a) of Housing Production Trust Fund Affordability Period Temporary Amendment Act of 2002 (D.C. Law 14- 298, April 11, 2003, law notification 50 DCR 5856).
For temporary (225 day) amendment of section, see § 2(a) of Housing Production Trust Fund Continuing Basis Definition Temporary Amendment Act of 2003 (D.C. Law 14-304, May 3, 2003, law notification 50 DCR 3778).
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2(a) of Housing Production Trust Fund Affordability Period Emergency Amendment Act of 2002 (D.C. Act 14- 536, December 2, 2002, 49 DCR 11648).
For temporary (90 day) amendment of section, see § 2(a) of Housing Production Trust Fund Continuing Basis Definition Emergency Amendment Act of 2002 (D.C. Act 14-599, January 7, 2003, 50 DCR 661).
For temporary (90 day) amendment of section, see § 2(a) of Housing Production Trust Fund Continuing Basis Definition Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-61, April 16, 2003, 50 DCR 3379).
For temporary (90 day) amendment of section, see § 2012(a) of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).
For temporary (90 day) amendment of section, see § 2012(a) of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).
Legislative History of Laws
Law 7-202, the "Housing Production Trust Fund Act of 1988," was introduced in Council and assigned Bill No. 7-264, which was referred to the Committee on Housing and Economic Development. The Bill was adopted on first and second readings on November 29, 1988, and December 13, 1988, respectively. Signed by the Mayor on January 6, 1989, it was assigned Act No. 7-273 and transmitted to both Houses of Congress for its review.
For Law 14-114, see notes following § 42-2102.
Law 15-39, the "Fiscal Year 2004 Budget Support Act of 2003", was introduced in Council and assigned Bill No. 15-218, which was referred to Committee on Whole. The Bill was adopted on first and second readings on May 6, 2003, and June 3, 2003, respectively. Signed by the Mayor on June 20, 2003, it was assigned Act No. 15-106 and transmitted to both Houses of Congress for its review. D.C. Law 15-39 became effective on November 13, 2003.
For Law 15-105, see notes following § 42-407.
For Law 15-205, see notes following § 42-1103.
For Law 15-354, see notes following § 42-1103.
For Law 16-305, see notes following § 42-820.
Law 17-285, the "Workforce Housing Production Program Amendment Act of 2008", was introduced in Council and assigned Bill No. 17-279 which was referred to the Committee on Housing and Urban Affairs. The Bill was adopted on first and second readings on July 1, 2008, and October 7, 2008, respectively. Signed by the Mayor on October 27, 2008, it was assigned Act No. 17-551 and transmitted to both Houses of Congress for its review. D.C. Law 17-285 became effective on December 24, 2008.
Miscellaneous Notes
Short title of subtitle C of title II of Law 15-39: Section 221 of D.C. Law 15-39 provided that subtitle C of title II of the act may be cited as the Continuing Basis Definition Amendment Act of 2003.
Short title of subtitle B of title II of Law 15-205: Section 2011 of D.C. Law 15-205 provided that subtitle B of title II of the act may be cited as the Housing Production Trust Fund Amendment Act of 2004.
(a) There is established the Housing Production Trust Fund as a permanent revolving special revenue fund within the Governmental Funds of the District apart from the General Fund consisting of identifiable, renewable, and segregated capital, which shall be administered by the Department to provide assistance in housing production for targeted populations.
(b) The Fund shall be used to provide:
(1) Pre-development loans for nonprofit housing developers;
(2) Grants for architectural designs for adaptive re-use of previously nonresidential structures;
(3) Loans to develop housing and provide housing services for low- and very low-income elderly persons who have special needs;
(4) Bridge loans and gap financing to reduce up-front costs and costs of residential development and to keep a housing project in operation, if circumstances change adversely during development;
(5) Loans for first-effort model projects;
(6) Financing for the construction of new housing, or rehabilitation or preservation of existing housing;
(7) Financing for site acquisition, construction loan guarantees, collateral, or operating capital;
(8) Loans or grants to finance on-site child development facilities for proposed housing or commercial development projects;
(8A) Loans authorized through the Homestead Housing Preservation Program in § 42-2107;
(8B) Payments to a person contracted to perform services under § 42-2105.01;
(9) Other loans and grants for housing production determined by the Department to be consistent with the purposes of this chapter;
(10) Funds for the administration of the Fund, not to exceed 10% in fiscal year 2009 or earlier, not to exceed 15% in fiscal year 2010, not to exceed 15% in fiscal year 2011, and not to exceed 10% in fiscal year 2012 or later of the funds deposited into the Fund pursuant to subsection (c) of this section; and
(11)(A) Funds for the New Communities Initiative as that term is defined in subparagraph (B) of this paragraph; provided, that the use of the funds for the initiative is consistent with the provisions and purposes of this section and meets the requirements of § 42-2812.03(d) and the rules promulgated pursuant to this chapter.
(B) For the purposes of this paragraph, the term "New Communities Initiative" means a large scale and comprehensive plan, submitted by the Mayor to the Council for approval, that provides housing infrastructure with a special focus on public housing, provides critical social support services, decreases the concentration of poverty and crime, enhances access to education, and provides training and employment education to neighborhoods where crime, unemployment, and truancy converge to create intractable physical and social conditions.
(b-1)(1) At least 40% of the funds disbursed from the Fund during a fiscal year shall be for the purposes of assisting in the provision of housing opportunities for very low-income households, which includes individuals who have previously been incarcerated for or convicted of a felony under state or federal law and who are otherwise entitled to services and assistance pursuant to this chapter, including maximizing the possibility of home ownership. The Mayor may submit a written request to the Council for a waiver of the 40% requirement if, by the 4th quarter of the fiscal year, the Mayor has not received a sufficient number of viable housing proposals. The Council shall approve or disapprove the waiver by resolution within 30 days, and the resolution shall be deemed disapproved if the Council does not act within this 30-day period.
(2) At least 40% of the funds disbursed from the Fund during a fiscal year shall be for the purposes of assisting in the provision of housing opportunities for extremely low-income households, including maximizing the possibility of home ownership. The Mayor may submit a written request to the Council for a waiver of the 40% requirement if, by the 4th quarter of the fiscal year, the Mayor has not received a sufficient number of viable housing proposals. The Council shall approve or disapprove the waiver by resolution within 30 days, and the resolution shall deemed disapproved if the Council does not act within this 30-day period.
(3) At least 50% of the funds disbursed from the Fund during a fiscal year shall be for the purposes of assisting in the provision of rental housing. The Mayor may submit a written request to the Council for a waiver of the 50% requirement if, in the 3rd quarter of the fiscal year, the Mayor has not received a sufficient number of viable rental housing proposals. The Council shall approve or disapprove the waiver by resolution within 30 days, and the resolution shall be deemed approved if the Council does not act within the 30- day period.
(b-2)(1) An amount not to exceed $16 million of the funds deposited into the Fund may be used by the Mayor to secure bonds issued for the benefit of the New Communities Initiative or other purposes consistent with the Housing Production Trust Fund uses and pursuant to subsection (b)(11) of this section; provided, that securitization above $16 million may only occur upon certification by the Mayor that resources are needed to fulfill the New Communities projects.
(2) Council authorization by act shall be required for any amount above $12 million in the Fund to secure financing for the New Community Initiative or other purposes consistent with the Housing Production Trust Fund uses.
(b-3) Notwithstanding any other provision of this chapter or any other law to the contrary, $4 million of the funds deposited into the Fund may be made available by the Mayor to the Workforce Housing Land Trust. The uses of the funds shall be governed exclusively by the provisions of the Land Trust Plan and the requirements of subchapter III-A of Chapter 10 of Title 6.
(b-4)(1) Notwithstanding any other provision of this chapter or any other law, the Mayor may transfer an amount not to exceed $18 million from the Fund to the Rent Supplement Fund established by § 6-226(d)(1), for the purpose of funding in fiscal year 2012 the assistance programs set forth in §§ 6-226 through 6-229.
(2) None of the funds transferred to the Rent Supplement Fund pursuant to paragraph (1) of this subsection shall be used for administrative costs.
(3) If, pursuant to the Contingency for Additional Estimated Revenue Act of 2011, passed on 2nd reading on June 14, 2011 (Enrolled version of Bill 19-203) [subtitle P of Title VII of D.C. Law 19-21], the appropriation for the District of Columbia Housing Authority is increased by an amount by which a revised revenue estimate exceeds the revenue estimate of the Chief Financial Officer of the District of Columbia dated February 28, 2011, the transfer set forth in paragraph (1) of this subsection shall be reduced by an equal amount.
(b-5)(1) Notwithstanding any provision of this chapter or any other law, the Mayor may transfer an amount not to exceed $19,969,048 designated for deposit into the Rent Supplement Fund, established by § 6-226, toward existing 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, and awarded under the Rent Supplement Program, established in § 6-226, in or before fiscal year 2010.
(2) None of the funds transferred pursuant to paragraph (1) of this subsection shall be used for administrative costs.
(c) There shall be deposited in the Fund:
(1) Fee option contributions made by commercial developers under a commercial linked development policy to be established by statute by the Council;
(2) Community development program contributions made pursuant to subchapter I of Chapter 7 of Title 26, as determined by the Superintendent of Banking and Financial Institutions in consultation with the Department;
(3) Appropriated amounts;
(4) Grants, fees, donations, or gifts from public and private sources;
(5) Repayments of principal and interest on loans provided from the Fund;
(6) Proceeds realized from the liquidation of security interests held by the District under terms of assistance provided from the Fund;
(7) Interest earned from the deposit or investment of monies from the Fund;
(8) All revenues, receipts, and fees of whatever source derived from the operation of the Fund;
(9) Repealed.
(10) Any fee or portion of an application fee that the Zoning Commission, by rule, may require an applicant for a Planned Unit Development to pay when the applicant proposes a housing production option or fee option in connection with a planned unit development application, to the extent that the Zoning Commission designates that the fee or portion of that fee shall be allocable to the Fund;
(11) Available community development block grants;
(12) Repealed.
(13) Repealed.
(14)(A) Repayments of loans, including principal and interest, provided under § 42-2107;
(B) Proceeds realized from the liquidation of any security interests held by the District under the terms of assistance provided from the fund through the Homestead Housing Preservation Program established in Chapter 21 of this title;
(15) $5 million on October 1, 2002;
(16) Beginning October 1, 2003, 15% of the real property transfer tax imposed by § 47-903 and 15% of the deed recordation tax imposed by § 42-1103; provided, that if, in any fiscal year, the Chief Financial Officer certifies the proposed budget will not be balanced as required by § 1-206.03(c) if the provisions of this paragraph take effect, the applicable percentage for the fiscal year shall be the amount derived from the available general fund balance;
(16A) [Not funded]
(17) All fines collected pursuant to § 6-1041.03, which shall be used exclusively to fund the Mayor's purchase of dwelling units for sale or rental to low- and moderate-income households as authorized by § 6-1041.04(c).
(d) The Department shall:
(1) Periodically review Fund revenue sources to determine what additional revenue sources may be required to assure the continuation of the Fund and its programs and shall request Council action to access revenue sources otherwise unavailable to the Department;
(2) File with the Chairperson of the Committee on Economic Development quarterly reports on activities and expenditures;
(3) Conduct annual audits, publish annual reports, hold public hearings, and make annual assessments of the continued housing needs of targeted populations;
(4) Monitor for compliance written agreements entered into by the Department and commercial developers pursuant to this chapter;
(5) Provide outreach and housing production counseling and technical assistance to individuals or groups interested in producing housing for targeted populations as provided in § 42-2803(b);
(6) Encourage profit and nonprofit developers to produce housing units of 3 or more bedrooms designed to accommodate large families and to produce child development facilities in a housing development;
(7) Give priority to nonprofit housing developers for receipt of loans from the Fund; and
(8) Include in the rules promulgated pursuant to § 42-2804 provisions to assure that housing units produced pursuant to this chapter shall be affordable on a continuing basis for targeted populations; provided, that the Department shall not be required to assure affordability on a continuing basis where assistance is provided for the rehabilitation of owner-occupied single-family homes or where assistance is provided under Chapter 21 of Title 42 or another statutory program.
(Mar. 16, 1989, D.C. Law 7-202, § 3, 36 DCR 444; Apr. 19, 2002, D.C. Law 14-114, §§ 501(b), 802, 49 DCR 1468; Oct. 1, 2002, D.C. Law 14-190, § 1102, 49 DCR 6968; June 3, 2003, D.C. Law 14-307, § 302, 49 DCR 11664; Nov. 13, 2003, D.C. Law 15-39, § 222(b), 50 DCR 5668; Mar. 13, 2004, D.C. Law 15-105, §§ 74(a)(2), (d), 75(a), 51 DCR 881; Dec. 7, 2004, D.C. Law 15-205, § 2012(b), 51 DCR 8441; May 24, 2005, D.C. Law 15-357, § 402, 52 DCR 1999; Oct. 20, 2005, D.C. Law 16-33, § 2172(b), 52 DCR 7503; Mar. 2, 2007, D.C. Law 16-191, §§ 5(n), 63, 53 DCR 6794; Mar. 2, 2007, D.C. Law 16-192, § 2062(a), 53 DCR 6899; Mar. 14, 2007, D.C. Law 16-275, § 203, 54 DCR 880; Sept. 18, 2007, D.C. Law 17-20, § 2402(a), 54 DCR 7052; Aug. 16, 2008, D.C. Law 17-219, § 2010, 55 DCR 7598; Dec. 24, 2008, D.C. Law 17-285, § 3(b), 55 DCR 11986; Mar. 25, 2009, D.C. Law 17-365, § 2, 56 DCR 1217; Mar. 3, 2010, D.C. Law 18-111, § 2101, 57 DCR 181; Sept. 24, 2010, D.C. Law 18-223, § 2092, 57 DCR 6242; Sept. 14, 2011, D.C. Law 19-21, § 2033, 58 DCR 6226; Sept. 20, 2012, D.C. Law 19-168, § 2072, 59 DCR 8025.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 45-3102.
Effect of Amendments
D.C. Law 14-114, in subsec. (b)(3), substituted "low- and very low-income" for "low- and moderate- income"; in subsec. (b)(8), substituted a semicolon for "; and"; added subsecs. (b)(8A) and (b)(8B); in subsec. (b)(9), substituted "other Loans and grants" for "other loans", and substituted "; and" for a period at the end; added subsecs. (b)(10) and (b-1); added subsecs. (c)(12), (13), and (14); in subsec. (c)(12), substituted a semicolon for "; and"; in subsec. (c)(13), substituted a semicolon for a period; and, in subsec. (d)(2), deleted "Housing and" following "Committee on".
D.C. Law 14-190, in subsec. (c), repealed pars. (12) and (13), and added pars. (15) and (16). Prior to repeal, pars. (12) and (13) read as follows:
"(12) Beginning October 1, 2002, 15% of the real property transfer tax imposed by § 47-903 and 15% of the deed recordation tax imposed by § 42-1103;"
"(13) Proceeds realized from the sale of abandoned or deteriorated properties pursuant to Title VIII of the Housing Act of 2001, unless those properties are sold pursuant to Chapter 21 of this title; and"
D.C. Law 14-307, in subsec. (c), substituted "$5 million" for "$11.5 million" in par. (15), and validated a previously made technical correction in par. (16).
D.C. Law 15-39, in subsec. (d)(8), substituted "targeted populations; provided, that the Department shall not be required to assure affordability on a continuing basis where assistance is provided for the rehabilitation of owner-occupied single-family homes or where assistance is provided under Chapter 21 of Title 42 or another statutory program" for "targeted populations".
D.C. Law 15-105, in par. (9) of subsec. (b), and pars. (12) to (16) of subsec. (c), validated previously made technical corrections.
D.C. Law 15-205, in par. (10) of subsec. (b), substituted "deposited into the Fund pursuant to subsection (c)" for "expended from the Fund during the fiscal year".
D.C. Law 15-357, in subsec. (b-1)(A), substituted "very low-income households, which includes individuals who have previously been incarcerated for or convicted of a felony under state or federal law and who are otherwise entitled to services and assistance pursuant to this chapter," for "very low-income households,".
D.C. Law 16-33, in subsecs. (b)(8B) and (b)(9), "and" was deleted from the end of the subsections; in subsec. (b)(10), substituted "fiscal year; and" for "fiscal year."; and added subsecs. (b)(11) and (b-2).
D.C. Law 16-191, in subsec. (b)(10), inserted "of this section" and validated a previously made technical correction.
D.C. Law 16-192 rewrote subsecs. (a) and (b-2), which had read as follows:
"(a) There is established the Housing Production Trust Fund as a permanent proprietary revolving fund of identifiable, renewable, and segregated capital, which shall be administered by the Department to provide assistance in housing production for targeted populations.
"(b-2)(1) An amount not to exceed $6 million of the funds deposited into the Fund may be used by the Mayor to secure bonds issued for the benefit of the Sursum Corda New Community Initiative pursuant to subsection (b)(11) of this section.
"(2) Council authorization by act shall be required for:
"(A) Any amount above $6 million in the Fund to secure financing for the Sursum Corda New Community Initiative; and
"(B) Any amount of funds in the Fund to secure financing for any other New Community Initiative."
D.C. Law 16-275 added subsec. (c)(17).
D.C. Law 17-20, in subsec. (b-2)(1), substituted "$16 million" for "12 million" in two places, and inserted "; provided, that securitization above $16 million may only occur upon certification by the Mayor that resources are needed to fulfill the New Communities projects".
D.C. Law 17-219 repealed subsec. (c)(9), which had read as follows:
"(9) Lease payments from loans received under the Land Acquisitions for Housing Development Opportunities Program;".
D.C. Law 17-285 added subsec. (b-3).
D.C. Law 17-365, in subsec. (c), deleted "and" from the end of par. (16) and added par. (16A).
D.C. Law 18-111, in subsec. (b)(10), substituted ", beginning in fiscal year 2009, 10%" for "5%".
D.C. Law 18-223, in subsec. (b)(10), substituted "not to exceed 10% in fiscal year 2009 or earlier, not to exceed 15% in fiscal year 2010, not to exceed 15% in fiscal year 2011, and not to exceed 10% in fiscal year 2012 or later" for "not to exceed in a fiscal year, beginning in fiscal year 2009, 10%".
D.C. Law 19-21 added subsec. (b-4).
D.C. Law 19-168 added subsec. (b-5).
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2(b) of Housing Production Trust Fund Affordability Period Temporary Amendment Act of 2002 (D.C. Law 14- 298, April 11, 2003, law notification 50 DCR 5856).
For temporary (225 day) amendment of section, see § 2(b) of Housing Production Trust Fund Continuing Basis Definition Temporary Amendment Act of 2003 (D.C. Law 14-304, May 3, 2003, law notification 50 DCR 3778).
For temporary (225 day) amendment of section, see § 3 of Workforce Housing Production Program Temporary Amendment Act of 2007 (D.C. Law 17-44, November 24, 2007, law notification 55 DCR 3).
For temporary (225 day) amendment of section, see § 3 of Workforce Housing Production Program Temporary Amendment Act of 2008 (D.C. Law 17-244, October 21, 2008, law notification 55 DCR 11707).
Section 302 of D.C. Law 18-222 rewrote subsec. (b)(10) to read as follows:
"(10) Beginning on October 1, 2009, funds for the administration of the Fund deposited into the fund pursuant to subsection (c) of this section:
"(A) Not to exceed 10% in fiscal year 2009 or earlier;
"(B) Not to exceed 15% in fiscal year 2010;
"(C) Not to exceed 15% in fiscal year 2011; and
"(B) Not to exceed 10% in fiscal year 2012 or later; and".
Section 2002(b) of D.C. Law 18-222 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2(b) of Housing Production Trust Fund Affordability Period Emergency Amendment Act of 2002 (D.C. Act 14- 536, December 2, 2002, 49 DCR 11648).
For temporary (90 day) amendment of section, see § 302 of Fiscal Year 2003 Budget Support Amendment Emergency Act of 2002 (D.C. Act 14-544, December 4, 2002, 49 DCR 11700).
For temporary (90 day) amendment of section, see § 2(b) of Housing Production Trust Fund Continuing Basis Definition Emergency Amendment Act of 2002 (D.C. Act 14-599, January 7, 2003, 50 DCR 661).
For temporary (90 day) amendment of section, see § 1102 of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).
For temporary (90 day) amendment of section, see § 302 of Fiscal Year 2003 Budget Support Amendment Congressional Review Emergency Act of 2003 (D.C. Act 15-27, February 24, 2003, 50 DCR 2151).
For temporary (90 day) amendment of section, see § 2(b) of Housing Production Trust Fund Continuing Basis Definition Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-61, April 16, 2003, 50 DCR 3379).
For temporary (90 day) amendment of section, see § 302 of Fiscal Year 2003 Budget Support Amendment Second Congressional Review Emergency Act of 2003 (D.C. Act 15-103, June 20, 2003, 50 DCR 5499).
For temporary (90 day) amendment of section, see § 2012(b) of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).
For temporary (90 day) amendment of section, see § 2012(b) of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).
For temporary (90 day) amendment of section, see § 2172(b) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).
For temporary (90 day) amendment of section, see § 2062(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 § 2062(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) addition, see § 2 of District of Columbia Housing Authority northwest One/Temple Courts Subsidiary Establishment Approval Emergency Act of 2006 (D.C. Act 16-664, December 28, 2006, 54 DCR 1127).
For temporary (90 day) amendment of section, see § 2062(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 § 2402(a) of Fiscal Year 2008 Budget Support Emergency Act of 2007 (D.C. Act 17-74, July 25, 2007, 54 DCR 7549).
For temporary (90 day) amendment of section, see § 3 of Workforce Housing Production Program Emergency Amendment Act of 2007 (D.C. Act 17-104, July 27, 2007, 54 DCR ).
For temporary (90 day) amendment of section, see § 3 of Workforce Housing Production Program Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-201, November 26, 2007, 54 DCR 11903).
For temporary (90 day) amendment of section, see § 3 of Workforce Housing Production Program Emergency Amendment Act of 2008 (D.C. Act 17-440, July 16, 2008, 55 DCR 8290).
For temporary (90 day) amendment of section, see § 2101 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 § 2101 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).
For temporary (90 day) amendment of section, see § 302 of Fiscal Year 2010 Balanced Budget Support Emergency Act of 2010 (D.C. Act 18-450, June 28, 2010, 57 DCR 5635).
For temporary (90 day) amendment of section, see § 302 of Fiscal Year 2010 Balanced Budget Support Congressional Review Emergency Act of 2010 (D.C. Act 18-531, August 6, 2010, 57 DCR 8109).
For temporary (90 day) amendment of section, see § 2092 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).
For temporary (90 day) addition of section, see § 2 of Housing Production Trust Fund Pollin Memorial Community Dedicated Tax Appropriations Authorization Emergency Act of 2011 (D.C. Act 19-62, May 11, 2011, 58 DCR 4242).
Legislative History of Laws
For legislative history of D.C. Law 7-202, see Historical and Statutory Notes following § 42-2801.
For Law 14-114, see notes following § 42-2102.
For Law 14-190, see notes following § 42-204.
For Law 14-298, see notes following § 42-2801.
For Law 14-304, see notes following § 42-2801.
For Law 14-307, see notes following § 42-1103.
For Law 15-39, see notes following § 42-2801.
For Law 15-105, see notes following § 42-407.
For Law 15-205, see notes following § 42-1103.
Law 15-357, the "Omnibus Public Safety Ex-offender Self-sufficiency Reform Amendment Act of 2004", was introduced in Council and assigned Bill No. 15-785, which was referred to the Committee on Judiciary. The Bill was adopted on first and second readings on November 9, 2004, and December 21, 2004, respectively. Signed by the Mayor on January 19, 2005, it was assigned Act No. 15-744 and transmitted to both Houses of Congress for its review. D.C. Law 15- 357 became effective on May 24, 2005.
For Law 16-33, see notes following § 42-1102.
For Law 16-191, see notes following § 47-308.02.
For Law 16-192, see notes following § 42-903.
Law 16-275, the "Inclusionary Zoning Implementation Amendment Act of 2006", was introduced in Council and assigned Bill No. 16-779, which was referred to Committee on the Whole. The Bill was adopted on first and second readings on December 5, 2006, and December 19, 2006, respectively. Signed by the Mayor on December 28, 2006, it was assigned Act No. 16-632 and transmitted to both Houses of Congress for its review. D.C. Law 16-275 became effective on March 14, 2007.
Law 17-20, the "Fiscal Year 2008 Budget Support Act of 2007", was introduced in Council and assigned Bill No. 17-148 which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on May 15, 2007, and June 5, 2007, respectively. Signed by the Mayor on June 28, 2007, it was assigned Act No. 17-63 and transmitted to both Houses of Congress for its review. D.C. Law 17-20 became effective on September 18, 2007.
For Law 17-219, see notes following § 42-1103.
For Law 17-285, see notes following § 42-2802.
Law 17-365, the "Housing Production Trust Fund Stabilization Amendment Act of 2008", was introduced in Council and assigned Bill No. 17-943 which was referred to the Committee on Housing and Public Affairs. The Bill was adopted on first and second readings on November 18, 2008, and December 16, 2008, respectively. Approved without the signature of the Mayor on January 23, 2009, it was assigned Act No. 17-700 and transmitted to both Houses of Congress for its review. D.C. Law 17-365 became effective on March 25, 2009.
For Law 18-111, see notes following § 42-1102.02.
For Law 18-223, see notes following § 42-1904.03.
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.
For history of Law 19-168, see notes under § 42-1102.
Delegation of Authority
Delegation of authority to Acquire Certain Real Estate in the District of Columbia, see Mayor's Order 2007-81, April 2, 2007 (54 DCR 7810).
Miscellaneous Notes
Short title of subtitle A of title XI of Law 14-190: Section 1101 of D.C. Law 14-190 provided that subtitle A of title XI of the act may be cited as the Housing Production Trust Fund Amendment Act of 2002.
For approval of the Northwest One Redevelopment Plan and authorization of the Mayor to exercise eminent domain authority in the area bounded by North Capitol Street, N.E., K Street, N.E., New Jersey Avenue, N.E., and New York Avenue, N.E., see the Northwest One/Sursum Corda Affordable Housing Protection, Preservation and Production Act of 2006, effective November 16, 2006 (D.C. Law 16-188; 53 DCR 6750).
Short title: Section 2061 of D.C. Law 16-192 provided that subtitle E of title II of the act may be cited as the "Housing Production Trust Fund and New Communities Financing Clarification Act of 2006".
Short title: Section 2401 of D.C. Law 17-20 provided that subtitle S of title II of the act may be cited as the "New Communities Amendment Act of 2007".
Section 3 of D.C. Law 17-365 provides that this act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan.
The Budget Director of the Council of the District of Columbia has determined, as of February 15, 2012, that the fiscal effect of Law 17-365 has not been included in an approved budget and financial plan. Therefore, the provisions of this section, enacted by Law 17-365, are not in effect.
Short title: Section 2100 of D.C. Law 18-111 provided that subtitle K of title II of the act may be cited as the "Housing Production Trust Fund Amendment Act of 2009".
Short title: Section 2091 of D.C. Law 18-223 provided that subtitle I of title II of the act may be cited as the "Housing Production Trust Fund and Affordable Housing Production Report Amendment Act of 2010".
Short title: Section 2071 of D.C. Law 19-168 provided that subtitle H of title II of the act may be cited as "Rent Supplement Prioritization and Funding Act of 2012".
(a) There is hereby established a Housing Production Trust Fund Board. The Board shall advise the Mayor on the development, financing, and operation of the Fund and other matters related to the production of housing for low-income, very low-income, and extremely low-income households. The Board may review the uses of the Fund for their conformity with the purposes of this chapter and the Board shall have reasonable access to records related to the Fund to perform this review.
(b) The Board shall be composed of 9 members, selected as follows:
(1) One member shall be a representative of the financial services industry.
(2) One member shall be a representative of the nonprofit housing production community.
(3) One member shall be a representative of the for-profit housing production industry.
(4) One member shall be a representative of an organization that advocates for the production, preservation, and rehabilitation of affordable housing for lower-income households.
(5) One member shall be a representative of the low-income tenant association.
(6) One member shall be a representative of an organization that advocates for people with disabilities.
(7) The remaining 3 members shall have significant knowledge of an area related to the production, preservation, and rehabilitation of affordable housing for lower-income households.
(c) The members of the Board shall be appointed by the Mayor within 50 days of April 19, 2002, with the advice and consent of the Council.
(d) The terms of the members of the Board shall be 4 years; provided, that of the initial 9 members of the Board, the Mayor shall appoint 5 members to serve 2-year terms.
(e) No member of the Board may serve more than 2 terms.
(f) The Chairperson of the Board shall be designated by the Mayor with the advice and consent of the Council.
(Mar. 16, 1989, D.C. Law 7-202, § 3a, as added June 8, 1990, D.C. Law 8- 133, § 2, 37 DCR 2369; Apr. 19, 2002, D.C. Law 14-114, § 501(c), 49 DCR 1468; Oct. 19, 2002, D.C. Law 14-213, § 28(b), 49 DCR 8140; Apr. 24, 2007, D.C. Law 16-305, § 63, 53 DCR 6198.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 45-3102.1.
Effect of Amendments
D.C. Law 14-114 rewrote this section which had read as follows:
"Any nongovernment member of a board established by the Mayor to administer or provide advice on the administration of the Housing Production Trust Fund shall be appointed by the Mayor with the advice and consent of the Council of the District of Columbia."
D.C. Law 14-213, in subsec. (c), validated a previously made technical correction; and in subsec. (d), substituted "9" for "11".
D.C. Law 16-305, in subsec. (b)(6), substituted "people with disabilities" for "the disabled".
Legislative History of Laws
See Note to § 42-2801.
Law 8-88, the "Housing Production Trust Fund Board Amendment Temporary Act of 1989," was introduced in Council and assigned Bill No. 8-474. The Bill was adopted on first and second readings on November 21, 1989, and December 5, 1989, respectively. Approved without the signature of the Mayor on January 3, 1990, it was assigned Act No. 8-139 and transmitted to both Houses of Congress for its review. D.C. Law 8-88 became effective on March 15, 1990.
Law 8-133, the "Housing Production Trust Fund Board Amendment Act of 1990," was introduced in Council and assigned Bill No. 8-475, which was referred to the Committee on Housing and Economic Development. The Bill was adopted on first and second readings on February 27, 1990, and March 13, 1990, respectively. Approved without the signature of the Mayor on April 2, 1990, it was assigned Act No. 8-187 and transmitted to both Houses of Congress for its review. D.C. Law 8-133 became effective on March 15, 1990.
For Law 14-114, see notes following § 42-2102.
For Law 14-213, see notes following § 42-1102.
For Law 16-305, see notes following § 42-820.
(a) The Department shall establish a one-stop center to:
(1) Assist nonprofit housing developers;
(2) Assist housing developers and commercial developers in housing production for targeted populations; and
(3) Provide to potential housing developers easy and adequate access to information on housing production programs.
(b) There is established, within the Department, the Nehemiah Community Housing Opportunity Program ("Nehemiah Program"), a pilot project to provide grants, loans, and available land to eligible nonprofit organizations in accordance with this section.
(1) Real property shall be transferred from the RLA Revitalization Corporation to qualified nonprofit organizations ("qualified applicants") pursuant to subsection (c) of this section.
(2) To be eligible, a nonprofit organization shall:
(A) Comply with the guidelines and procedures established by the Nehemiah Program;
(B) Be a neighborhood-based nonprofit organization;
(C) Propose to construct or substantially rehabilitate not less than 50 single family homes located in a targeted area;
(D) Provide for the involvement of local residents in the planning and construction of homes;
(E) Provide for a systematic effort of door-to-door canvassing in the immediate area where the nonprofit organization is located to offer Nehemiah Program houses to residents for homeownership;
(F) Accumulate or establish a plan to accumulate $300,000 in non-District funds through membership fees, donations, or gifts;
(G) Propose construction methods that will reduce the cost per square foot below the average per square foot construction cost in the market area involved;
(H) Demonstrate market demand by utilizing the residents of the neighborhood in which the nonprofit organization is located as homebuyers of Nehemiah Program homes;
(I) Develop a marketing plan that includes a range of affordable prices that includes a 20% set aside for very low-income purchasers; and
(J) Provide technical assistance to the homebuyer in the areas of financial management, legal rights attendant to homeownership, and other aspects of homeownership.
(3) The Department shall grant a qualified applicant the exclusive right to develop land specified in the development plan submitted by the applicant.
(4) A qualified applicant shall be eligible for a $1,000,000 loan, partially funded through loans from the Fund, at a below market rate set by the Department.
(5) Each single family home sold through the Nehemiah Program shall be sold to a person who:
(A) Is a first-time homebuyer or who has not owned a home in the previous 3 years;
(B) Will occupy the home as his or her principal place of residence for at least 5 years; and
(C) Agrees not to sell, convey, lease, or otherwise alienate the home, or place liens or encumbrances on the home, for a 5-year period commencing on the date of property settlement and ending on the 5th anniversary of the settlement date without the written approval of the Mayor. The Mayor, by rule, shall establish appropriate alienation fees to be assessed against a homeowner who alienates a home purchased pursuant to the Nehemiah Program in violation of this paragraph. Alienation fees shall not take priority over mortgage liens.
(6) Qualified purchasers of Nehemiah Program homes shall be eligible for up to $25,000 in grants or loans, depending on the income of the purchaser and purchase price of the home.
(7) Grants shall be repaid to the Fund if the purchaser sells, conveys, leases, or otherwise alienates the home.
(c) The Department shall develop an annual community outreach plan, which shall promote maximum visibility of the Fund and its operations and full participation by District, developers, lenders, and District residents who request assistance under this chapter.
(Mar. 16, 1989, D.C. Law 7-202, § 4, 36 DCR 444; Apr. 19, 2002, D.C. Law 14-114, § 501(d), 49 DCR 1468; Mar. 2, 2007, D.C. Law 16-191, § 98, 53 DCR 6794.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 45-3103.
Effect of Amendments
D.C. Law 14-114, in subsec. (b)(2)(I), substituted "very low-income purchasers" for "low income purchasers".
D.C. Law 16-191, in subsec. (b)(1), substituted "RLA Revitalization Corporation" for "District of Columbia Redevelopment Land Agency ('RLA')".
Legislative History of Laws
For legislative history of D.C. Law 7-202, see Historical and Statutory Notes following § 42-2801.
For Law 14-114, see notes following § 42-2102.
For Law 16-191, see notes following § 42-1102.
No later than April 1 of each fiscal year, the Mayor shall transmit to the Council a Housing Production Trust Fund Annual Report. The report shall include the following information:
(1) The amount of money expended from the Housing Production Trust Fund during the fiscal year;
(2) The number of loans and grants made during the fiscal year;
(3) The number of low-income, very low-income, and extremely low-income households and individuals assisted through Fund expenditures;
(4) A list of each project on which funds from the Fund were expended, including, for each project:
(A) A brief description of the project, including the name of the project sponsor;
(B) The amount of money expended on the project;
(C) Whether the money expended was in the form of a loan or a grant; and
(D) The general terms of the loan or grant;
(5) The amount and percentage of funds expended on homeownership projects;
(6) The amount and percentage of funds expended on rental housing projects;
(7) The amount and percentage of funds expended on rental housing or homeownership opportunities for households with incomes at or below 30% of the area median income;
(8) The amount and percentage of funds expended on rental housing or homeownership opportunities for households with incomes at or below 50% of the area median income;
(9) The amount and percentage of funds expended on rental housing or homeownership opportunities for households with incomes at or below 80% of the area median income;
(10) The number of housing units assisted, including the number of rental housing units assisted and the number of homeownership units assisted; and
(11) The amount expended on administrative costs during the fiscal year.
(Mar. 16, 1989, D.C. Law 7-202, § 4a, as added Apr. 19, 2002, D.C. Law 14-114, § 501(e), 49 DCR 1468; Sept. 14, 2011, D.C. Law 19-21, § 2042, 58 DCR 6226.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 19-21 substituted "No later than April 1" for "Within 60 days after the end".
Emergency Act Amendments
For temporary (90 day) addition of section, see § 2093 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).
Legislative History of Laws
For Law 14-114, see notes following § 42-2102.
For history of Law 19-21, see notes under § 42-2802.
Miscellaneous Notes
Section 1101 of D.C. Law 14-114 provides: "The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall promulgate rules to implement this act."
Section 2093 of D.C. Law 18-223 provides:
"Sec. 2093. Affordable housing production report.
"(a) The Mayor shall transmit to the Council an affordable housing production report that shall include the following information:
"(1) The amount of money expended by the Department of Housing and Community Development for the acquisition and production of affordable housing during the fiscal year;
"(2) The number of loans and grants made during the fiscal year;
"(3) The number of low-income, very low-income, and extremely low-income households and individuals assisted through the expenditures;
"(4) A list of each project for which funds were expended, including, for each project:
"(A) A brief description of the project, including the name of the project sponsor;
"(B) The amount of money expended on the project;
"(C) Whether the money expended was in the form of a loan or a grant; and
"(D) The general terms of the loan or grant;
"(5) The amount and percentage of funds expended on homeownership projects;
"(6) The amount and percentage of funds expended on rental housing projects;
"(7) The amount and percentage of funds expended on rental housing or homeownership opportunities for households with incomes at or below 30% of the area median income;
"(8) The amount and percentage of funds expended on rental housing or homeownership opportunities for households with incomes at or below 50% of the area median income;
"(9) The amount and percentage of funds expended on rental housing or homeownership opportunities for households with incomes at or below 80% of the area median income;
"(10) The number of housing units assisted, including the number of rental housing units assisted and the number of homeownership units assisted; and
"(11) The amount expended on administrative costs during the fiscal year.
"(b) The Mayor shall include the affordable housing production report as a subunit of the Housing Production Trust Fund Annual Report required by section 4a of the Housing Production Trust Fund Act of 1988, effective April 19, 2002 (D.C. Law 14-114: D.C. Official Code § 42-2803.01)."
Short title: Section 2041 of D.C. Law 19-21 provided that subtitle E of title II of the act may be cited as "Affordable Housing Annual Reporting Amendment Act of 2011".
Rules to implement this chapter shall be promulgated by the Mayor pursuant to subchapter I of Chapter 5 of Title 2, and submitted to the Council within 90 days after March 16, 1989 for a 45-day review period, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, within this 45- day review period, the proposed rules shall be deemed approved.
(Mar. 16, 1989, D.C. Law 7-202, § 5, 36 DCR 444.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 45-3104.
Legislative History of Laws
For legislative history of D.C. Law 7-202, see Historical and Statutory Notes following § 42-2801.
Resolutions
Resolution 14-579, the "Housing Production Trust Fund Regulatory Amendment Approval Resolution of 2002", was approved effective October 18, 2002.
Resolution 16-393, the "Housing Production Trust Fund Regulatory Amendment Approval Resolution of 2005", was approved effective November 26, 2005.
