Chapter 28D. Department of Housing and Community Development Unified Fund.

§ 42–2857.01. Department of Housing and Community Development Unified Fund.

(a) There is established as a nonlapsing fund the Department of Housing and Community Development Unified Fund (“Unified Fund”), to be administered by the Department of Housing and Community Development.

(b) All funds deposited into the Unified Fund, and any interest earned on those funds, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsection (c) of this section without regard to fiscal year limitation, subject to authorization by Congress.

(1) To provide financial assistance to low-income and moderate-income residents of the District so that they may obtain or maintain affordable housing;

(2) To assist low-income and moderate-income residents in making down payments on homes within the District;

(3) To assist low-income and moderate-income residents in making share payments or other payments to housing cooperatives or condo associations within the District;

(4) To provide financial assistance to developers to acquire real property for the provision of affordable housing;

(5) To provide funding for the design, installation, and renovation of site improvements to be located on property to be developed or rehabilitated as affordable housing;

(6) To provide funding for private for-profit and not-for-profit developers to facilitate the development of affordable housing;

(7) To provide funding for property maintenance facilities at affordable housing developments;

(8) To provide funding for the Department of Housing and Community Development (“DHCD”) to reclaim properties that have received notice of foreclosure in cases where DHCD has subordinated liens;

(9) To provide affordable financing to low-income and moderate-income residents to correct basic housing defects and ensure long-term livability;

(10) To develop programs to encourage property owners to rehabilitate and occupy their abandoned or deteriorated residential properties;

(11) To facilitate DHCD’s acquisition, disposition, and rehabilitation of vacant and deteriorated properties when property owners fail to maintain the properties;

(12) To facilitate the development of affordable housing generally;

(13) To provide funding for other affordable housing purposes, as determined by the Director of DHCD in furtherance of DHCD’s mission;

(14) To provide one-time funding for enhancements for the Rental Housing Commission;

(15) To provide funding to support the housing needs of veterans;

(16) To provide funding to assist tenants evicted under § 42-3505; and01; and

(17) To provide funding for the TOPA Application Assistance Pilot Program established by § 42-3404.14; provided, that funding from the Unified Fund for the program shall not exceed the amount available in the Unified Fund.

(18) In Fiscal Year 2019, $500,000 for the Reverse Mortgage Foreclosure Prevention Program established pursuant to § 42-2703.07a.

(d)(1) Not more that 20% of the funds deposited into the Unified Fund may be used to pay project-delivery costs.

(2) Costs associated with the application or implementation of projects pursuant to § 42-2858.01 shall not be considered project-delivery costs for purposes of paragraph (1) of this subsection.

(e) The following funds shall be deposited into the Unified Fund, beginning on October 1, 2008:

(1) All revenue derived from lease payments from loans and other proceeds received under the Land Acquisitions for Housing Development Opportunities Program, established under the authority of subchapter I of Chapter 10 of Title 6;

(1A) All revenue derived from the fees collected pursuant to § 42-3402.05a, for processing condominium and cooperative conversions and for other services provided by the Department of Housing and Community Development under Chapter 34 of this title [§ 42-3401.01 et seq.];

(1B) All revenue derived from the fees collected pursuant to § 42-1904.03(d);

(1C) All local revenue derived from the sale of properties disposed of pursuant to DHCD's disposition authority; provided, that, and notwithstanding subsection (c) of this section, such revenue, without regard to the fiscal year in which it is realized, is used for the following purposes in Fiscal Year 2019 in order of priority:

(A) $125,000 for purposes authorized by subsection (c) of this section;

(B) $5 million, as needed, for the contingency reserve fund established by § 1-204.50a(b) to repay money withdrawn from that fund in Fiscal Year 2018 by the Mayor for the purpose of financing the Home Purchase Assistance Program;

(D) $1 million for the DCHA Rehabilitation and Maintenance Fund established by § 6-202(c-1);

(E) $1 million for the Emergency Rental Assistance Program, or any successor program by a different name, administered by the Department of Human Services; and

(F) The remainder for other purposes authorized by this section;

(2) All revenue derived from repayments and other proceeds from the following programs, funding sources, and accounts maintained by DHCD:

(A) Rehabilitation Repayment account;

(B) Low Income Housing Tax Credit Fee Collection;

(D) Portal Sites; and

(E) Any other DHCD programs created by regulation, as determined by the Director; and

(3) All other sources of revenue as the Council may determine by act.

(f) No revenue from any federal funding source nor any income derived from any federal funding source shall be deposited into the Unified Fund.

(g) The Director shall distribute funds from the Unified Fund in accordance with DHCD’s annual action plan, budget projections, and performance goals that are directed towards creating affordable housing and community development.

(h) On October 31, 2009, and annually thereafter, DHCD shall submit to the Council a report that describes all programs, activities, and projects undertaken by DHCD using funds allocated from the Unified Fund.

(Aug. 16, 2008, D.C. Law 17-219, § 2009, 55 DCR 7598; Mar. 3, 2010, D.C. Law 18-111, § 2181, 57 DCR 181; Sept. 24, 2010, D.C. Law 18-223, § 2104, 57 DCR 6242; Oct. 8, 2016, D.C. Law 21-160, § 2123, 63 DCR 10775; Oct. 30, 2018, D.C. Law 22-168, § 2243, 65 DCR 9388; Dec. 3, 2020, D.C. Law 23-149, § 2173, 67 DCR 10493.)

Section References

This section is referenced in § 42-1904.03 and § 42-3402.05a.

Effect of Amendments

D.C. Law 18-111, in subsec. (c), deleted “and” from the end of par. (12); substituted a semicolon for a period at the end of par. (13), and added pars. (14) to (16).

D.C. Law 18-223 added pars. (e)(1A) and (e)(1B).

Expiration of Law

Pursuant to section 2124 of D.C. Law 21-160, the amendment made to this section by section 2123 of D.C. Law 21-160 will expire on September 30, 2017.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2243 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 § 2243 of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary (90 day) amendment of section, see § 2181 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 § 2181 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 § 2104 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 2008 of D.C. Law 17-219 provided that subtitle D of title II of the act may be cited as the “Department of Housing and Community Development Unified Fund Establishment Act of 2008”.

Short title: Section 2180 of D.C. Law 18-111 provided that subtitle S of title II of the act may be cited as the “Rental Housing Commission Enhancement Amendment Act of 2009”.