D.C. Law 25-159. Housing Subsidy Contract Stabilization Amendment Act of 2024.

AN ACT

To amend the Procurement Practices Reform Act of 2010 to exempt from procurement competition requirements Long-Term Subsidy Contracts for housing currently or previously supported by project- or sponsor-based Local Rent Supplement Program funds; and to amend the District of Columbia Housing Authority Act of 1999 to allow for 20-year initial terms for Long Term Subsidy Contracts and to exempt Long-Term Subsidy Contracts for housing currently or previously supported by project- or sponsor-based Local Rent Supplement Program funds from the selection, solicitation, or competition requirements established by the Procurement Practices Reform Act of 2010.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Housing Subsidy Contract Stabilization Amendment Act of 2024".

Sec. 2. Section 413 of the Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code § 2-354.13), is amended as follows:

(a) Paragraph (16) is amended by striking the word "and" at the end.

(b) Paragraph (17) is amended by striking the period and inserting the phrase "; and" in its place.

(c) A new paragraph (18) is added to read as follows:

"(18) A new Long-Term Subsidy Contract to continue providing affordable housing units created or maintained by an existing Long-Term Subsidy Contract, pursuant to Section 26b of the District of Columbia Housing Authority Act of 1999, effective May 9, 2000 (D.C. Law 13-105; D.C. Official Code § 6-227), if the proposed contractor is the same as the contractor for the existing Long-Term Subsidy Contract or is the existing contractor's successor-in-interest for the affordable housing units created or maintained under the existing Long-Term Subsidy Contract.".

Sec. 3. Section 26b of the District of Columbia Housing Authority Act of 1999, effective March 2, 2007 (D.C. Law 16-192; D.C. Official Code § 6-227), is amended as follows:

(a) Subsection (b-1) (4)(A) is amended by striking the phrase "for the initial 15-year term Long-Term Subsidy Contract" and inserting the phrase "for the initial term of the Long-Term Subsidy Contract" in its place.

(b) Subsection (d) is amended by striking the phrase "receiving rental housing support" and inserting the phrase "living in units currently or previously supported by project- or sponsor-based Local Rent Supplement Program funds" in its place.

(c) A new subsection (f) is added to read as follows:

"(f)(1) A Long-Term Subsidy Contract shall have a maximum initial term of 20 years, or the maximum initial term allowed for a HAP contract, as that term is defined in section 202(7) of the Low-Income Housing Preservation and Protections Act of 2002, effective April 19, 2002 (D.C. Law 14-114; D.C. Official Code § 42-2851.02(7)), whichever is greater.

"(2) Section 401(a) of the Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code § 2-354.01(a)), shall not apply to a Long-Term Subsidy Contract to continue providing affordable housing units created or maintained by an existing Long-Term Subsidy Contract using funds awarded under this section and approved by the Council pursuant to section 451 of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 803; D.C. Official Code § 1-204.51), if the proposed contractor is the same as the contractor for the existing Long-Term Subsidy Contract or is the existing contractor's successor-in-interest for the affordable housing units created or maintained under the existing Long-Term Subsidy Contract.".

Sec. 4. Fiscal impact statement.

The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).

Sec. 5. Effective date.

This act shall take effect after approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto) and a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)).