2023 District of Columbia Code › Title 6 - Housing and Building Restrictions and Regulations › Chapter 2 - District of Columbia Housing Authority › Subchapter I - District of Columbia Housing Authority, 1999 › § 6–202. Establishment of District of Columbia Housing Authority; purposes of Authority; Fund

§ 6–202. Establishment of District of Columbia Housing Authority; purposes of Authority; Fund.
(a) There is established, as an independent authority of the District government, the District of Columbia Housing Authority. The Authority shall be a corporate body, intended, created, and empowered to effectuate the purposes stated in this chapter, and shall have a legal existence separate from the District government. The Authority shall be the successor in interest to the housing authority created by subchapter II of Chapter 2 of Title 6 [repealed]. All real and personal property, assets, records, and obligations, and all unexpended balances of appropriations, allocations, and other funds available or to be made available relating to the powers, duties, functions, operations, and administration of the DPAH and of the authority created under subchapter II of Chapter 2 of Title 6 shall become the property of the Authority on May 9, 2000, without further action.
(b) The Authority shall govern public housing and implement the Housing Act of 1937 in the District, and shall be responsible for providing decent, safe, and sanitary dwellings, and related facilities, for persons and families of low-and moderate-income in the District.
(b-1)(1)(A) Beginning on December 1, 2022, and monthly thereafter, the Authority shall submit a report to the Mayor, Attorney General, and each Councilmember that details:
(i) The amount of operating reserves, expressed in dollars and in months of expenses, for the public housing program, Housing Choice Voucher Program, and the Authority's operations overall;
(ii) The number of vacant public housing units classified by repair status, such as move-in ready, repairs in progress, and offline due to major repair needs;
(iii) The average length of time that public housing units have been vacant in the prior year, by repair status; and
(iv) A detailed accounting of expenses paid for with District funds in the prior month and the expenses budgeted for payment with District funds in the remainder of the fiscal year.
(B) In lieu of a monthly report, the Authority may provide the Mayor, Attorney General, and each Councilmember with access to an online database through which the above reports can be generated.
(2) If HUD designates the Authority as a Standard Performer or High Performer in HUD's Public Housing Assessment System or if the Authority demonstrates that the lack of such a designation is solely due to the presence of HUD's Moving to Work agreement with the Authority, the requirements of paragraph (1) of this subsection shall be waived for 12 months from the date such designation was received from HUD or documented by the Authority.
(c) There is established the District of Columbia Housing Authority Fund ("Authority Fund"), which shall be a proprietary fund in the nature of an enterprise fund as classified under § 47-373 and administered by the Authority in accordance with generally accepted accounting principles. All revenues, rents, proceeds, and monies, from whatever source derived, that are collected or received by the Authority shall be credited to the Authority Fund and shall not at any time be transferred to, lapse into, or be commingled with the General Fund of the District or any other fund or account of the District; provided, that funds may be paid out of the Authority Fund to the District Treasurer to pay for goods, services, or property, or other things of value, if any, purchased by the Authority from the District.
(c-1)(1) There is established as a special fund the DCHA Rehabilitation and Maintenance Fund ("R&M Fund"), which shall be administered by the Office of the Chief Financial Officer ("OCFO"). Once the Authority has provided documentation of planned encumbrances and expenditures consistent with the authorized uses of the R&M Fund, the OCFO shall advance funds to the Authority for use in accordance with paragraphs (3) and (4) of this subsection.
(2) Revenue from the following sources shall be deposited in the R&M Fund:
(A) $15 million of one-time resource allocated in Fiscal Year 2016 from existing resources within the Authority;
(B) Annual appropriations;
(C) Any remaining local funds available to the Authority for the Local Rent Supplement Program at the conclusion of each fiscal year; and
(D) Pursuant to § 42-2857.01(e)(1C)(D), revenue from the sale of property disposed of by the Department of Housing and Community Development.
(3) Money in the R&M Fund shall be used for maintenance, repair, and rehabilitation projects that will increase the availability of public housing units for existing District of Columbia residents listed on the Authority's waitlist or prevent existing residents from being displaced; provided, that in Fiscal Year 2020, the Authority shall expend no less than $1 million on the repair and maintenance of public housing properties located within the boundaries of Ward 1.
(4) Money in the R&M Fund shall not be used to fund:
(A) Any major rehabilitation or maintenance on any occupied unit set to be demolished or otherwise removed from the Authority inventory within 9 months, other than to protect the health or safety of tenants;
(B) Any repair, maintenance, or rehabilitation of any vacant unit planned to be demolished or otherwise removed from the Authority inventory within 9 months; and
(C) Any administrative or overhead costs not directly and specifically attributable to maintenance, repair, and rehabilitation projects.
(5)(A) The money deposited into the R&M Fund, and interest earned, 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.
(B) Subject to authorization in an approved budget and financial plan, any funds appropriated in the R&M Fund shall be continually available without regard to fiscal year limitation.
(6) By March 1 of each year, the Authority shall submit a report to the Mayor and to each Councilmember that details:
(A) The number of vacant public housing units within the District, and, for each unit, the address and unit number, the needed repairs for the unit, and a budget for renovating the unit;
(A-i) The number and location of units that were made available to new tenants during the prior year as a result of R&M Fund investments, including the number that were made available to existing District residents; and
(B) The Authority's planned use of money in the R&M Fund for the succeeding fiscal year, identifying the following:
(i) The address of each public housing unit to be repaired, rehabilitated, or renovated;
(ii) The nature of the repair, rehabilitation, or renovation to be undertaken;
(iii) The number of residents, if any, in each unit to be repaired, rehabilitated, or renovated, including adults and children;
(iv) The estimated cost of the repair, rehabilitation, or renovation to be performed; and
(v) The share of the estimated cost, if any, to be financed by the federal government.
(d) Notwithstanding subsection (c) of this section, or any other provision of this chapter, any funds provided to the Authority from the local revenues of the District shall be held separate and apart from the Authority Fund and shall be held and expended for the use and benefit of the District for the purposes and uses provided in the approved budget and financial plan. The Authority shall expend, and account for the expenditure of, funds in the same manner as all other agencies of the District government. At the end of each fiscal year, except as provided in subsection (c-1)(2)(C) of this section, the unexpended amount of such funds shall revert to the fund balance of the General Fund of the District of Columbia.
(May 9, 2000, D.C. Law 13-105, § 3, 47 DCR 1325; Oct. 20, 2005, D.C. Law 16-33, § 2022, 52 DCR 7503; Oct. 8, 2016, D.C. Law 21-160, § 5132, 63 DCR 10775; Dec. 13, 2017, D.C. Law 22-33, § 2102, 64 DCR 7652; Oct. 30, 2018, D.C. Law 22-168, § 2242, 65 DCR 9388; Sept. 11, 2019, D.C. Law 23-16, § 2232, 66 DCR 8621; Sept. 6, 2023, D.C. Law 25-50, § 2132(a), 70 DCR 10366.)
Section References
This section is referenced in § 6-201.
Effect of Amendments
D.C. Law 16-33 added subsec. (d).
Emergency Legislation
For temporary (90 days) amendment of this section, see § 2(a) of Housing Authority Accountability Congressional Review Emergency Amendment Act of 2023 (D.C. Act 25-8, Feb. 1, 2023, 00 DCR 00).
For temporary (90 days) amendment of this section, see § 2(a) of Housing Authority Accountability Emergency Amendment Act of 2022 (D.C. Act 24-629, Nov. 3, 2022, 69 DCR 014026).
For temporary (90 days) amendment of this section, see § 2242 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 § 2242 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 § 2102 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 § 2102 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).
For temporary (90-day) addition of section, see notes following § 6-201.
For temporary (90 day) amendment of section, see § 2022 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).
Temporary Legislation
For temporary (225 days) amendment of this section, see § 2(a) of Housing Authority Accountability Temporary Amendment Act of 2022 (D.C. Law 24-273, Feb. 23, 2023, 69 DCR 14762).
Short Title
Short title of subtitle C of title II of Law 16-33: Section 2021 of D.C. Law 16-33 provided that subtitle C of title II of the act may be cited as the District Support for Public Housing Amendment Act of 2005.