Subchapter I. General Provisions.

§ 42–2801. Definitions.

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(1C) Repealed.

(1D) “Department” means the Department of Housing and Community Development.

(1E) “Distressed neighborhood” means a United States Census Tract that the Mayor has determined to be distressed pursuant to § 42-2802.02(e), after considering the median sales price, median home appreciation rate, poverty rate, homeownership rate, and other factors the Mayor deems reasonable.

(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.

(4A) “Future sales price” means the greater of any contract sales price or a value equal to 90% of the fair market appraised value determined within 6 months of the date of resale by a licensed appraiser of an affordable for-sale unit produced pursuant to this chapter.

(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 [§ 6-1061.01 et seq.].

(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).

(8A) “Preexisting equity” means the discounted price determined as the difference between an initial contract sales price and the fair market appraised value at the time of the initial sale or the amount of public subsidy provided pursuant to this chapter that was invested in the creation of the affordable housing unit.

(8B) “Resale restrictions” means the parameters that govern the allowable sale of an affordable for-sale unit produced pursuant to this chapter.

(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 [§ 6-1061.01 et seq.].

(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; Mar 10, 2015, D.C. Law 20-190, § 2(a), 61 DCR 12156; Oct. 22, 2015, D.C. Law 21-36, § 2052, 62 DCR 10905.)

Prior Codifications

1981 Ed., § 45-3101.

Section References

This section is referenced in § 6-1041.01, § 6-1061.01, § 6-1061.04, § 42-3402.04, § 42-3402.08, and § 42-3504.01.

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).

The 2015 amendment by D.C. Law 20-190 repealed (1C); and added (1E), (4A), (8A) and (8B).

The 2015 amendment by D.C. Law 21-36 deleted “the greater of” preceding “the discounted price” in (8A).

Emergency Legislation

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).

For temporary (90 days) amendment of this section, see § 2052 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Temporary Legislation

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).

Short Title

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.

§ 42–2802. Housing Production Trust Fund established.

(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)(A) Funds for the administration of the Fund, not to exceed 15% per fiscal year of the funds deposited into the Fund pursuant to subsection (c) of this section; and

(B) Costs associated with the application or implementation of projects pursuant to § 42-2858.01 shall not be considered administration of the Fund for purposes of this paragraph[; 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 obligated to new projects for a future expenditure 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 shall submit a written request to the Council for a waiver of the 40% requirement if, by the last day of the 3rd 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 50% of the funds obligated to new projects for a future expenditure 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 shall submit a written request to the Council for a waiver of the 50% requirement if, by the last day of the 3rd 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.

(3) At least 50% of the funds obligated to new projects for a future expenditure from the Fund during a fiscal year shall be for the purposes of assisting in the provision of rental housing. The Mayor shall submit a written request to the Council for a waiver of the 50% requirement if, by the last day of 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 $16 million in the Fund to secure financing for the New Community Initiative or other purposes consistent with the Housing Production Trust Fund uses.

(3) This subsection shall not apply to the new issuance of bonds after May 1, 2013.

(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 [§ 6-1061.01 et seq.].

(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, effective September 20, 2012 (D.C. Law 19-168; 59 DCR 8025) [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) Repealed.

(b-6) Notwithstanding any provision of []this chapter] or any other law, the Mayor may in Fiscal Year 2024 transfer the following from the Fund:

(1) $4 million to the Home Purchase Assistance Program; and

(2) $2 million to the Neighborhood-Based Activities Program to support the Heirs Property Program.

(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; and

(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, amounts deposited pursuant to §§ 47-919 and 42-1122.

(16A) Repealed.

(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 eligible households as authorized by § 6-1041.04(c); and

(18) As of April 16, 2020, all fees above $692,000 annually collected pursuant to §§ 42-3402.04 and 42-3509.10.

(c-1) [Not funded].

(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 Council committee with oversight jurisdiction over the Department of Housing and Community Development quarterly reports on activities and expenditures, which shall include a list of the Fund loan repayments due and paid during the reporting period and identify all developers who are not in compliance with loan agreement terms.

(2A) Create and maintain a publicly available database of all Fund loans, which shall include loan agreements with the name of the developer, date of the award, loan amount, interest rate, number of affordable housing units created with the loan, income levels served by the housing units, period of time units shall remain affordable, and status of the developer's compliance with the loan agreement.

(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;

(8) Notwithstanding any other applicable law, ensure that the provisions of § 42-2802.02 are enforced; and

(9) Within 10 business of written notification to the selected applicants that one or more proposals received in response to a Request for Proposals ("RFP") has been selected for further underwriting to produce new affordable housing or to preserve existing affordable housing, the Department shall release to the Council:

(A) A written report that provides aggregated information on the affordable housing units that would be produced or preserved from all proposals that met the Department's minimum requirements, including the number of housing units proposed in the following categories:

Affordability Level	Total Number of Proposed Units
Affordability Level	Selected Project Proposals	All Project Proposals that Met Minimum Requirements
Extremely low income
Very low income
Low income
Total Affordable Units

(B) The total number of project proposals received;

(D) For the project proposals selected for further underwriting by the Department, the:

(i) Names of all corporate entities and related principals with a proposed ownership interest in the project's ownership entity that are known at the time of the application;

(ii) Funding amount requested for each project;

(iii) Percentage contribution of the Fund amount compared to the project's total funding sources;

(iv) Total number of affordable housing units per project proposal;

(v) Number of extremely low-income housing units per project proposal, the number of very low-income housing units per project proposal, the number of low-income housing units per project proposal, and the amount of Local Rent Supplement assistance proposed for the project;

(E) The median for any score derived from the criteria outlined in the RFP used to rank projects that met the Department's minimum requirements; and

(F) A written rationale for the selection of each project ultimately selected by the Department for further underwriting, including any score derived from the criteria outlined in the RFP used to rank projects, and an explanation of any cause for a deviation in the final selections announced by the Department from the ranking based on the criteria outlined in the RFP alone, including distribution of housing units in planning areas with unmet affordability needs and the efficient utilization of available funding sources.

(d-1) All information included in the quarterly reports submitted pursuant to subsection (d)(2) of this section shall be consistent with the District's internal accounting reporting systems and the Comprehensive Annual Financial Report.

(e) Money in the Fund shall not be used in connection with any property identified in section 2(a) of the Historic Preservation of Derelict District Properties Act of 2016, effective March 11, 2017 (D.C. Law 21-223; 64 DCR 182).

(f)(1) In the fiscal year before a fiscal year in which Fund dedicated tax revenues will be collected, the Department may solicit proposals and rank recipients in funding order for the expenditure of those tax revenues that will be dedicated to the Fund in the next fiscal year; provided, that the dedicated tax revenues are not otherwise committed or appropriated for other purposes and are certified in the approved financial plan for the next fiscal year.

(2) Repealed.

(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 5, 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; Dec. 24, 2013, D.C. Law 20-61, §§ 2072, 2122(a), 60 DCR 12472; Mar. 10, 2015, D.C. Law 20-190, § 2(a), 61 DCR 12156; Mar. 11, 2015, D.C. Law 20-208, § 2(b), 61 DCR 12725; Sept. 23, 2017, D.C. Law 22-24, § 4, 64 DCR 7647; Dec. 13, 2017, D.C. Law 22-33, §§ 2022, 7047, 64 DCR 7652; Oct. 30, 2018, D.C. Law 22-168, § 2202, 65 DCR 9388; Sept. 11, 2019, D.C. Law 23-16, § 2182, 66 DCR 8621; Apr. 16, 2020, D.C. Law 23-72, § 4, 67 DCR 2476; Dec. 3, 2020, D.C. Law 23-149, § 2174, 67 DCR 10493; Nov. 13, 2021, D.C. Law 24-45, § 2052, 68 DCR 010163; Sept. 21, 2022, D.C. Law 24-167, § 2102(a), 69 DCR 009223; Sept. 6, 2023, D.C. Law 25-50, §§ 2185, 2192, 70 DCR 10366.)

Prior Codifications

1981 Ed., § 45-3102.

Section References

This section is referenced in § 6-1054, § 6-1061.02, § 10-801, § 38-2972.01, § 42-1103, § 42-1122, § 42-2801, § 42-2812.01, § 42-2812.02, § 47-903, and § 47-919.

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).

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).

The 2012 amendment by D.C. Law 19-168 added (b-5).

The 2013 amendment by D.C. Law 20-61 repealed (b-5); and added (b-2)(3).

The 2015 amendment by D.C. Law 20-190 rewrote (d)(8).

The 2015 amendment by D.C. Law 20-208 would have added (c-1) to read as follows: “(c-1) There is authorized to be appropriated at least $ 100 million annually, from all sources, to be deposited into, and expended from, the Fund.”

Applicability

Section 2023 of D.C. Law 22-33 provided that subsection (e) of this section shall apply as of May 30, 2017.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2102(a) of Fiscal Year 2023 Budget Support Emergency Act of 2022 (D.C. Act 24-470, July 13, 2022, 69 DCR 008707).

For temporary (90 days) amendment of this section, see § 2182 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) amendment of this section, see § 2182 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

For temporary (90 days) amendment of this section, see § 2202 of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 2202 of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary (90 days) amendment of this section, see § 7047 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) amendment of this section, see § 2022 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) amendment of this section, see § 4 of Inclusionary Zoning Consistency Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-148, Oct. 10, 2017, 64 DCR 10447).

For temporary (90 days) amendment of this section, see § 7047 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 days) amendment of this section, see § 2022 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For retroactive applicability of D.C. Act 22-76, see § 6 of D.C. Act 22-76.

For temporary (90 days) amendment of this section, see § 4 of Inclusionary Zoning Consistency Emergency Amendment Act of 2017 (D.C. Act 22-76, June 13, 2017, 64 DCR 6082).

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).

For temporary (90 days) amendment of this section, see §§ 2072 and 2122(a) of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) amendment of this section, see §§ 2072 and 2122(a) of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

Temporary Legislation

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

“(D) Not to exceed 10% in fiscal year 2012 or later; and”.

Section 2002(b) of D.C. Law 18-222 provided that the act shall expire after 225 days of its having taken effect.

Short Title

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.

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”.

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”.

Section 2071 of D.C. Law 20-61 provided that Subtitle H of Title II of the act may be cited as the “Housing Production Trust Fund Revenue Dedication Emergency Amendment Act of 2013”.

Editor's Notes

Section 6 of D.C. Law 22-24 provided that Law 22-24 "shall apply as of June 5, 2017, which is the effective date of the amendments to the inclusionary zoning regulations, set forth at Chapter 10 of Title 11-C of the District of Columbia Municipal Regulations, that were promulgated by the Zoning Commission for the District of Columbia on October 17, 2016 in its Notice of Final Rulemaking and Zoning Commission Order No. 04-33G (63 DCR 15404)."

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).

Section 3 of D.C. Law 17-365 provided 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.

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.

Applicability of D.C. Law 20-208: Section 3 of D.C. Law 20-208 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.

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

§ 42–2802.01. Housing Production Trust Fund Board.

(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.)

Prior Codifications

1981 Ed., § 45-3102.1.

Section References

This section is referenced in § 42-2801.

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

See Note to § 42-2801.

§ 42–2802.02. Maintaining affordability.

(a) A rental unit constructed pursuant to this chapter shall remain affordable for a period of 40 years or a longer period selected by the developer.

(b)(1) Except as provided in subsection (c) of this section, a for-sale unit constructed pursuant to this chapter shall remain affordable for 180 months or a longer period selected by the developer, in accordance with section 2218 of Title 14 of the District of Columbia Municipal Regulations (14 DCMR § 2218). If a for-sale unit is sold before the affordability period expires, the new affordability term shall begin on the date of the sale.

(2) After the affordability period expires, there shall be no resale restrictions unless otherwise agreed to by the developer or a subsequent purchaser in an additional covenant negotiated pursuant to subsection (d) of this section. If no additional covenant exists after the affordability period expires, the purchaser shall repay all preexisting equity to the Housing Production Trust Fund established in § 42-2802; provided, that:

(A) Title to the property transferred from the purchaser to another party by a means other than inheritance; or

(B) Refinancing of indebtedness secured by the property results in any withdrawals of cash or equity value from the property by the purchaser/borrower.

(3) If the future sales price is not sufficient to pay off all deeds of trust, the customary seller’s closing costs, and the preexisting equity, the amount due to the Housing Production Trust Fund for the repayment of the preexisting equity shall be the amount available from the sale of the property after payment of all deeds of trust and customary seller’s closing costs.

(4) Repayment of the preexisting equity shall not be required upon the refinancing of indebtedness resulting in withdrawal of cash or equity value if the new loan, all other indebtedness, and the preexisting equity result in an amount that is less than 80% of the appraised value of the property.

(c)(1) A for-sale unit constructed pursuant to this chapter and located in a distressed neighborhood shall remain affordable for 60 months or a longer period selected by the developer, in accordance with section 2218 of Title 14 of the District of Columbia Municipal Regulations (14 DCMR § 2218). If a for-sale unit is sold before the affordability period expires, the new affordability term shall begin on the date of the sale.

(A) Title to the property transferred to another party by a means other than inheritance; or

(B) Refinancing of indebtedness secured by the property results in any withdrawals of cash or equity value from the property by the purchaser/borrower.

(4) Repayment of the preexisting equity shall not be required upon the refinancing of indebtedness resulting in withdrawal of cash or equity value if the new loan, all other indebtedness, and the preexisting equity results in an amount that is less than 80% of the appraised value of the property.

(5) When a resident or developer submits an application for development of a property with affordable for-sale units that is located in a distressed neighborhood, this subsection shall apply for a period of 3 years regardless of any subsequent changes to the determination of whether a neighborhood is distressed under subsection (e) of this section.

(d) Nothing in this chapter shall prohibit a developer from making the developer’s properties subject to affordability periods that are longer than those minimum affordability periods required under subsections (b) and (c) of this section, including for developments such as limited equity cooperatives, land trusts, and shared equity models. These covenants may require the developer or purchaser to repay additional amounts if terms of the covenant are not satisfied.

(e)(1) The Mayor shall make the determination of distressed neighborhoods on an annual basis by rulemaking pursuant to Chapter 5 of Title 2 [§ 2-501 et seq.] and a map identifying all distressed neighborhoods shall be included in the annual Consolidated Action Plan submitted to the Department of Housing and Urban Development, which is the annual plan associated with the 5-Year Consolidated Plan.

(2) For the first determination of distressed neighborhoods under this subsection, the proposed rules shall be promulgated as part of the next Consolidated Action Plan developed after March 10, 2015, and submitted 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 proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved.

(3) The Mayor shall use as a baseline for the determination of distressed neighborhoods those United States Census Tracts with a poverty rate of 20% and may add or remove United States Census Tracts designated as distressed considering the median sales price, median home appreciation rate, homeownership rate, and other factors deemed reasonable by the Mayor.

§ 42–2803. Coordination of housing programs for targeted populations; community outreach.

(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;

(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.

§ 42–2803.01. Annual report by Mayor.

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 prior fiscal year;

(2) The number of loans and grants legally obligated during the prior fiscal year;

(3) The number of low-income, very low-income, and extremely low-income households and individuals assisted through Fund legal obligations;

(4) A list of each project on which funds from the Fund were legally obligated, including, for each project:

(A) A brief description of the project, including the name of the project sponsor;

(B) The amount of money legally obligated to the project;

(D) The general terms of the loan or grant;

(5) The amount and percentage of funds legally obligated to homeownership projects;

(6) The amount and percentage of funds legally obligated to rental housing projects;

(7) The amount and percentage of funds legally obligated to 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 legally obligated to 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 legally obligated to 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 prior 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; Sept. 21, 2022, D.C. Law 24-167, § 2102(b), 69 DCR 009223.)

Effect of Amendments

D.C. Law 19-21 substituted “No later than April 1” for “Within 60 days after the end”.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2102(b) of Fiscal Year 2023 Budget Support Emergency Act of 2022 (D.C. Act 24-470, July 13, 2022, 69 DCR 008707).

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).

Short Title

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”.

Editor's Notes

Section 1101 of D.C. Law 14-114 provided: “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 provided:

“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).”

§ 42–2804. Rules.

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.

§ 42–2805. Net zero energy requirements for subsidized projects.

*NOTE: This section was created by temporary legislation that will expire on May 1, 2025.*

(a)(1) Beginning no later than October 1, 2025, any request for housing proposals involving the Fund shall include a requirement that proposals for new construction of 50,000 square feet or more receiving Fund support must satisfy EGCC element 5.4, "Achieving Zero Energy," or an equivalent standard as determined by the Department in consultation with the Department of Buildings.

(2) Notwithstanding paragraph (1) of this subsection, the Department may accept proposals that satisfy EGCC element 5.2b, "Moving to Zero Energy: Near Zero Certification," or an equivalent standard as determined by the Department in consultation with the Department of Buildings, if the Director of the Department issues a written finding that this lesser standard is necessary to ensure affordable housing development in the immediate term and includes the basis for this finding.

(b) Beginning no later than October 1, 2025, any request for housing proposals involving the Fund shall include a requirement that proposals for new construction of 50,000 square feet or more receiving Fund support must satisfy EGCC element 5.5b, "Moving to Zero Carbon: All Electric," or an equivalent standard as determined by the Department in consultation with the Department of Buildings.

(c) Nothing in this section shall be construed to limit the applicability of any other environmental standards, including Chapter 14A of Title 6.

(d) This section shall expire upon the effective date of final regulations promulgated pursuant to § 6-1453.01(b)(1).

(e) For purposes of this section, "EGCC" means the 2020 Enterprise Green Communities Criteria issued by Enterprise Community Partners.