§ 6–1002. Community Development Program — Annual preparation and submission to Council; content; public hearings.

(a) The Mayor annually shall prepare and submit to the Council a proposed Community Development Program (as such program is defined or may hereafter be defined in title I of the Housing and Community Development Act of 1974 [42 U.S.C. § 5301 et seq.], which:

(1) Sets forth a summary of a 3-year community development plan which identifies community development needs, demonstrates a comprehensive strategy for meeting those needs, and specifies both short-and long-term community development objectives which have been developed in accordance with area-wide development planning and national urban growth policies;

(2) Describes a program which:

(A) Includes the activities to be undertaken to meet the identified community development needs and objectives, together with the estimated costs and location of such activities;

(B) Indicates the resources which are proposed to be made available toward meeting the identified needs and objectives;

(D) Includes activities designed to maximize the use and availability of funds designated to support community development projects;

(3) Describes a program designed to:

(A) Eliminate or prevent slums, blight, and deterioration where such conditions or needs exist;

(B) Provide improved community facilities and public improvements, including the provision of supporting health, social, and similar services where necessary and appropriate; and

(4) Includes a housing assistance plan which:

(A) Accurately surveys the condition of the housing stock in the community and defines the housing assistance needs of lower-income persons, including elderly persons and persons with disabilities, large families, persons living in overcrowded conditions, persons paying more than 25% of their income for rent, and persons displaced or to be displaced, residing in or expected to reside in the community during the implementation of the plan;

(B) Specifies a realistic annual goal for the number of dwelling units or persons to be assisted, including:

(i) The proposed number of new, rehabilitated, and existing dwelling units; and

(ii) The sizes and types of housing units and assistance proposed to meet the needs of lower-income persons in the community as defined in the plan; and

(i) Furthering the revitalization of the community, including the restoration and rehabilitation of stable neighborhoods to the maximum extent possible;

(ii) Promoting greater choice of housing opportunities and avoiding concentrations of assisted persons in areas containing a high proportion of low-income persons; and

(iii) Assuring the availability of public facilities and services adequate to serve proposed housing projects; and

(5) Includes such other materials, certifications, and assurances as may be required by law or regulation as conditions for financial assistance under the Housing and Community Development Act of 1974 [42 U.S.C. § 5301 et seq.], and any other such requirements as may be specified by District of Columbia law.

(b) In preparing the proposed Community Development Program, the Mayor shall:

(1) Provide citizens with all information concerning the amount of funds available for proposed community development and housing activities, the range of activities that may be undertaken, and other important program requirements;

(2) Hold at least 2 public hearings to obtain the views of citizens on community development and housing needs; and

(3) Provide citizens a full and meaningful opportunity to participate in the planning, development and evaluation of the annual Community Development Program and any amendments or modifications thereto.

(c) Prior to the exercise of any powers granted by this subchapter, the Mayor shall have submitted the proposed Community Development Program to the Council, and the Council shall have approved the same by resolution following a public hearing thereon; provided, that the Council may approve the program with conditions and the program as so conditioned shall be the approved Community Development Program; and provided further, that an approved Community Development Program may be modified at any time in accordance with the procedures herein prescribed for its original approval. Notwithstanding the above, the Mayor shall have the authority to make minor modifications consistent with the intent of the approved program, only after such modifications have been submitted to the Council and have not been disapproved within 30 days, except that the Council may approve such modifications before the 30-day period has expired. The 30-day period for Council review shall not include Saturdays, Sundays, legal holidays, or days that pass during a recess of the Council.

(Dec. 16, 1975, D.C. Law 1-39, § 3, 22 DCR 3439; Aug. 1, 1985, D.C. Law 6-15, § 10, 32 DCR 3570; Feb. 24, 1987, D.C. Law 6-192, § 22, 33 DCR 7836; June 11, 1999, D.C. Law 13-9, § 2(c), 46 DCR 3640; June 13, 2001, D.C. Law 13-312, § 705(c), 48 DCR 3804; Apr. 24, 2007, D.C. Law 16-305, § 21(a), 53 DCR 6198.)

Prior Codifications

1981 Ed., § 5-902.

1973 Ed., § 5-1002.

Section References

This section is referenced in § 6-1004 and § 6-1006.

Effect of Amendments

D.C. Law 13-9, in par. (a)(2), struck the word “and” following “appropriate;” in subpar. (B), substituted “; and” for the semicolon in subpar. (C), and added subpar. (D).

D.C. Law 13-312, in par. (3) of subsec. (a), added subpar. (C).

D.C. Law 16-305, in subsec. (a)(4)(A), substituted “persons and persons with disabilities” for “and handicapped persons”.

Cross References

Eminent domain, see § 2-1219.19.

Intragovernmental cooperation, see § 2-1219.27.

Emergency Legislation

For temporary (90-day) amendment of section, see § 2 of the District of Columbia Community Development Act of 1975 Emergency Amendment Act of 1991 (D.C. Act 9-91, October 21, 1991, 38 DCR 6576).

For temporary (90-day) amendment of section, see § 2(c) of the Community Development Program Emergency Amendment Act of 1998 (D.C. Act 12-557, January 12, 1999, 45 DCR 635).

For temporary (90-day) amendment of section, see § 2(c) of the Community Development Program Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-61, May 10, 1999, 46 DCR 4451).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(c) of Community Development Program Temporary Amendment Act of 1998 (D.C. Law 12-246, April 20, 1999, law notification 46 DCR 4159).

References in Text

The Housing and Community Development Act of 1974, referred to in the introductory language and in paragraph (5) of subsection (a) of this section, is the Act of August 22, 1974, 88 Stat. 633, Pub. L. 93-383.

Editor's Notes

Community Development Block Grant Program: Pursuant to Resolution 5-766, the “Community Development Block Grant Program Resolution of 1984,” effective June 26, 1984, the Council approved the final statement of community development objectives and projected use of funds for the Tenth Year Community Development Block Grant Program and authorized the filing of the final statement.

Pursuant to Resolution 6-242, the “Community Development Block Grant Program Resolution of 1985,” effective July 9, 1985, the Council approved the final statement of community development objectives and projected use of funds for the Eleventh Year Community Development Block Grant Program, authorized the filing of the final statement, and approved modifications to the Sixth, Seventh, Eighth, Ninth, and Tenth Year Community Development Block Grant Programs.

Pursuant to Resolution 7-83, the “Community Development Block Grant Program Resolution of 1987,” effective July 14, 1987, the Council approved final statement of community development objectives and projected use of funds for the Thirteenth Year Community Development Block Grant Program, authorized the filing of the final statement, approved the Thirteenth Year Community Development Block Grant Program Description, and approved modifications to the final statement of community development objectives and projected use of funds for the Twelfth Year Community Development Block Grant Program.

Pursuant to Resolution 7-288, the “Community Development Block Grant Program Approval and Disapproval Resolution of 1988”, effective July 12, 1988, the Council approved the District of Columbia’s final statement of community development objectives and projected use of funds for the Fourteenth Year Community Development Block Grant Program, authorized the filing of the final statement, approved the Fourteenth Year Community Development Block Grant Program Description, approved budget modifications for the Fifth, Sixth, Seventh, Ninth, Tenth, Eleventh, Twelfth, and Thirteenth Year Community Development Block Grant Programs, approved modifications of Construction Assistance Program activities included in the Thirteenth Year Final Statement of Community Development Objectives and Projected Use of Funds and the Thirteenth Year Community Development Block Grant Program, and approved a modification to the 13th Year Community Development Block Grant Program Description.

Pursuant to Resolution 8-73, the “Community Development Block Grant Program Approval Resolution of 1989”, effective July 11, 1989, the Council approved the final statement of community development objectives and projected use of funds for the Fifteenth Year Community Development Block Grant Program, authorized the filing of the final statement, approved the Fifteenth Year Community Development Block Grant Program Description, and approved reprogramming of funds and budget revisions for the Second, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth and Fourteenth Year Community Development Block Grant Programs.

Pursuant to Resolution 8-256, the “Community Development Block Grant Program Approval Resolution of 1990”, effective July 27, 1990, the Council approved the proposed District of Columbia’s Final Statement of Community Development objectives and projected use of funds for the Sixteenth Year Community Development Block Grant Program, authorized the filing of the final statement with the United States Department of Housing and Urban Development, approved the Sixteenth Year Community Development Block Grant Program Description, and approved reprogramming of funds and budget revisions for the Fifteenth Year Community Development Block Grant Program and modification of the Fifteenth Year Final Statement.

Community Development Block Grant Program Emergency Approval Resolution of 1991: Pursuant to Resolution 9-91, effective July 19, 1991, the Council approved, on an emergency basis, the proposed District of Columbia’s Final Statement of Community Development objectives and projected use of funds; authorized the filing of the final statement; approved the program description, and approved reprogramming of funds, budget revisions, and modification of the final statement.

Comprehensive Housing Affordability Strategy Emergency Approval Resolution of 1991: Pursuant to Resolution 9-141, effective November 22, 1991, the Council approved, on an emergency basis, with conditions, the District of Columbia’s comprehensive housing affordability strategy.

Community Development Block Grant Program Nineteenth Year Emergency Approval Resolution of 1993: Pursuant to Resolution 10-120, effective August 6, 1993, the Council approved, on an emergency basis, the District of Columbia’s Final Statement of Community Development objectives and projected use of funds for the Nineteenth Year Community Development Block Grant Program, authorized the filing of the final statement with the United States Department of Housing and Urban Development, and approved the Nineteenth Year Community Development Block Grant Program Description.

Community Development Block Grant Program Twentieth Year Approval Resolution of 1994: Pursuant to Resolution 10-348, effective May 3, 1994, the Council approved the District of Columbia’s Final Statement of Community Development objectives and projected use of funds for the Twentieth Year Community Development Block Grant Program; authorized the filing of the final statement with the United States Department of Housing and Urban Development; and approved the Twentieth Year Community Development Block Grant Program Description.

CD-18 and Prior Year Reprogramming Emergency Approval Resolution of 1994: Pursuant to Resolution 10-378, effective June 7, 1994, the Council approved, on an emergency basis, the District of Columbia’s reprogramming of funds for the Eighteenth Year Community Development Block Grant Program and prior years and authorized the filing of the reprogramming with the United States Department of Housing and Urban Development.

Consolidated Plan and CD-19 Program Modification Approval Resolution of 1995: Pursuant to Resolution 11-99, effective July 11, 1995, the Council approved the Consolidated Plan for the District of Columbia, which incorporates four previously separate annual grant applications into a single submission for funding from the U.S. Department of Housing and Urban Development, for the Years 1996 to 2000, and a Program Modification for the Nineteenth Year Community Development Program (CD-19).

FY 1997 Action Plan approval Resolution of 1996: Pursuant to Resolution 11-415, effective July 3, 1996, Council approved the Fiscal Year 1997 Action Plan of the Consolidated Plan for the District of Columbia which incorporates four previously separate annual grant applications into a single submission for funding from the U.S. Department of Housing and Urban Development for the Twentieth Second Year Community Development Program (CD-22).

Fiscal Year 1999 Action Plan Approval Resolution of 1998: Pursuant to Resolution 12-590, effective July 7, 1998, the Council approved the Fiscal Year 1999 Action Plan of the Consolidated Plan for the District of Columbia which incorporates four previously separate annual grant applications into a single submission for funding from the U.S. Department of Housing and Urban Development for the Twenty-Fourth Year Community Development Program.

Resolutions

Resolution 14-157, the “Consolidation Plan for the District of Columbia, Fiscal Year 2002 Action Plan Approval Resolution of 2001”, was approved effective July 10, 2001.

Resolution 14-487, the “Consolidated Plan for the District of Columbia, FY 2003 Action Plan, Approval Resolution of 2002”, was approved effective June 28, 2002.

Resolution 15-127, the “Consolidated Plan for the District of Columbia, Fiscal Year 2004 Action Plan, Approval Resolution of 2003”, was approved effective July 8, 2003.

Resolution 15-600, the “Consolidated Plan for the District of Columbia, Fiscal Year 2005 Action Plan Approval Resolution of 2004”, was approved effective July 13, 2004.

Resolution 15-602, the “The Fiscal Year 2004 Consolidated Plan Action Plan Amendment Authorizing the Use of Section 108 Loan Guarantee Funds for the Skyland Community Development Block Grant Section 108 Loan Guarantee Application Resolution of 2004”, was approved effective July 13, 2004.

Resolution 16-216, the “Consolidated Plan for the District of Columbia, Fiscal Years 2006-2010 and the Fiscal Year 2006 Action Plan Approval Resolution of 2005”, was approved effective July 6, 2005.

Resolution 16-689, the “Consolidated Plan for the District of Columbia, Fiscal Year 2007 Action Plan, Approval Resolution of 2006”, was approved effective July 20, 2006.

Resolution 16-921, the “Minor Modification to the Consolidated Plan for the District of Columbia, Fiscal Year 2007 Action Plan, Approval Resolution of 2006”, was approved effective December 2, 2006.

Resolution 17-272, the “FY 2008 Consolidated Annual Action Plan for the District of Columbia Approval Resolution of 2007”, was approved effective July 10, 2007.