Code of the District of Columbia

Chapter 21A. Housing Affordability.


Subchapter I. Truth in Affordability Reporting.

§ 42–2131. Definitions.

For the purposes of this subchapter, the term:

(1) “Affordable housing development” means any structure or building in the District (whether existing, planned, or under construction) containing one or more affordable housing units and the land appurtenant thereto, including privately owned units, rental properties, public housing, cooperatives, and limited-equity cooperatives.

(2) “Affordable Housing Inventory” means a single, unified, searchable, and sortable database of all affordable housing developments that is maintained by the Mayor.

(3) “Affordable Housing Locator” means a list of affordable housing developments generated using data in the Affordable Housing Inventory that the Mayor provides to the public in an effort to assist low-income and moderate-income households locate available affordable housing.

(4) “Affordable housing unit” means a dwelling that is offered for rent or for sale for residential occupancy and is made available to, and affordable to, a household whose income is equal to, or less than, 120% of AMI, as a result of a federal or District subsidy.

(5) “AMI” means the periodic Area Median Income calculation provided by the United States Department of Housing and Urban Development as a direct calculation without taking into account any adjustments.

(6) “Household” means all the persons who would occupy an affordable housing unit, including a single family, one person living alone, 2 or more families living together, or any other group of related or unrelated persons who share living arrangements.


(Aug. 15, 2008, D.C. Law 17-215, § 2, 55 DCR 7494.)

Editor's Notes

Because of the codification of D.C. Law 19-168, §§ 2092 and 2093 as subchapter II of this chapter, the preexisting text, including §§ 42-2131 through 42-2136, has been designated as subchapter I.


§ 42–2132. Development of an Affordable Housing Inventory and an Affordable Housing Locator.

(a) To assist residents of the District in locating affordable housing units within the District, the Mayor, or the Mayor’s designee, shall develop and maintain the Affordable Housing Inventory.

(b)(1) The Mayor shall create the Affordable Housing Locator using the Affordable Housing Inventory.

(2) The Mayor shall make the Affordable Housing Locator available and accessible to the general public by all appropriate means, including the internet.

(c)(1) The Mayor shall provide copies of the Affordable Housing Locator to each of the following offices and entities:

(A) The Office of the Deputy Mayor for Planning and Economic Development;

(B) The Office of Planning;

(C) The District of Columbia Housing Authority;

(D) The District of Columbia Housing Finance Agency;

(E) The Department of Housing and Community Development; and

(F) The District of Columbia Public Library.

(2) The Mayor shall provide updated copies to the offices and entities listed in this subsection on a quarterly basis.


(Aug. 15, 2008, D.C. Law 17-215, § 3, 55 DCR 7494.)

Section References

This section is referenced in § 42-2135.


§ 42–2133. Agency submission of affordable housing data to the Mayor.

(a) The Mayor shall require the following agencies to provide the information required by § 42-2135 to the Mayor, or the Mayor’s designee:

(1) The Office of the Deputy Mayor for Planning and Economic Development;

(2) The Office of Planning;

(3) The Department of Human Services;

(4) The Department of Mental Health;

(5) The Office of Aging;

(6) The Office of Victims Services;

(7) The Department of Housing and Community Development;

(8) The District of Columbia Housing Finance Agency;

(9) The District of Columbia Housing Authority; and

(10) Any other District agency involved in the development, planning, provision of financing, subsidy, funding, or any form of financial assistance, facilitation, administration, compliance, monitoring, or oversight of housing requirements and programs that create or subsidize the operation of affordable housing units in the District of Columbia.

(b) With respect to affordable housing developments for which applications for financing, subsidy, funding, or any other form of financial assistance from the District of Columbia were processed and that are under construction on August 15, 2008, an agency subject to this subchapter shall submit the report required by this section within 3 months of August 15, 2008.

(c)(1) With respect to affordable housing developments for which applications for financing, subsidy, funding, or any other form of financial assistance from the District of Columbia were processed and that are either completed and occupied or ready for occupancy on August 15, 2008, an agency subject to this subchapter shall submit the report required by this section within 6 months of August 15, 2008.

(2) The agency shall review the information for accuracy and update it as appropriate not less than once every 12 months.

(d) An agency subject to this subchapter shall submit the information required by this section to the Mayor on a quarterly basis after the initial submission required by this section.


(Aug. 15, 2008, D.C. Law 17-215, § 4, 55 DCR 7494.)


§ 42–2134. Submission of affordable housing data by affordable housing developments.

The Mayor shall include in the Affordable Housing Inventory an affordable housing development that does not receive financing, subsidy, funding, or some form of financial assistance from the District of Columbia or federal government to provide a unit of affordable housing, if the affordable housing development requests inclusion in the Affordable Housing Inventory and submits the information required by § 42-2135 to the Mayor, or the Mayor’s designee, on a quarterly basis.


(Aug. 15, 2008, D.C. Law 17-215, § 5, 55 DCR 7494.)


§ 42–2135. Information on affordable housing developments.

(a) The Affordable Housing Inventory developed by the Mayor pursuant to § 42-2132 shall include the following information about any affordable housing development in the District of Columbia that is existing, planned, or under construction:

(1) Name, address, and ward number;

(2) Name and contact information of the owner;

(3) Name and contact information of the property manager;

(4) Name and contact information of the marketing manager;

(5) Whether the affordable housing development is planned, under construction, or an existing property;

(6) Name and contact information for the developer responsible for the construction of the affordable housing development;

(7) Number of affordable housing units and number of market-rate units in the affordable housing development;

(8) Number of affordable housing units by bedroom size;

(9) Percentage of units that are accessible to persons with disabilities;

(10)(A) Type of financial assistance, funding, or subsidy provided by the District of Columbia or the federal government;

(B) The name of the subsidy program;

(C) The amount and the type of financial assistance provided with respect to the affordable housing development or unit;

(D) Any income qualification and percentage of area median income restriction imposed by the program;

(E) The date upon which the program commenced and the date upon which the program expires;

(F) The start date and ending date of use restrictions (the earliest date upon which the affordable housing development can be sold without an affordable housing restriction);

(11) Where available, for properties subsidized through the U.S. Department of Housing and Urban Development, all scores received through an inspection conducted by the Real Estate Assessment Center;

(12) For properties that receive project-based funding under section 8 of the United States Housing Act of 1937, approved August 22, 1974 (88 Stat. 662; 42 U.S.C. § 1437f), an indication of whether the owner has issued a notice of termination of the assistance and the date of the notice;

(13) For properties with a mortgage insured or held by the Secretary of the U.S. Department of Housing and Urban Development under sections 236(j)(1), 221(d)(3) BMIR, 241(f)/221-BMIR, or 241(f)/236 of the National Housing Act, approved June 27, 1934 (48 Stat. 1246; 12 U.S.C. § 1701 et seq.), an indication of whether the owner has issued a notice of prepayment of the mortgage and the date of such notice;

(14) Any population specifically served by the affordable housing development, including elderly persons, persons with disabilities, and low-income individuals or families;

(15) Any affordable units created under the inclusionary zoning requirements; and

(16) All information required to be included in the Affordable Housing Locator pursuant to § 42-2136.

(b) The Affordable Housing Inventory shall include a unique identification number for each affordable housing development.


(Aug. 15, 2008, D.C. Law 17-215, § 6, 55 DCR 7494.)

Section References

This section is referenced in § 42-2133 and § 42-2134.


§ 42–2136. List of affordable housing developments.

(a) The Affordable Housing Locator shall include the following information about any affordable housing development located in the District:

(1) Name of the affordable housing development, where applicable;

(2) Address of the affordable housing development/unit, unless the owner or manager of the development requests that the address not be published to protect the confidentiality of the residents, and provides reasonable grounds for the request, such as the residents are participants in an ex-offender, substance abuse, victims of abuse, or mental disability program;

(3) Population served by affordable housing development/unit, where specificity is appropriate, such as elderly, persons with disabilities, or family, unless the owner or manager of the development requests that the address not be published to protect the confidentiality of the residents, and provides reasonable grounds for the request, such as the residents are participants in an ex-offender, substance abuse, victims of abuse, or mental disability program;

(4) Any population specifically served by the affordable housing development, such as elderly persons, persons with disabilities, and low-income individuals or families;

(5) Type of affordable housing development/unit (i.e., single-family, multifamily, townhouse, rental, ownership, condominium, homeowner association, cooperative, limited equity cooperative);

(6) Name and contact information for the agent selling or renting the property;

(7) Rent charge or sale price, utilities paid by the tenant or owner, and underlying mortgage, condominium and cooperative fees, and other carrying charges, per affordable housing unit;

(8) Maximum percentage of AMI and income for which units would be affordable;

(9) Other subsidy or financial assistance program requirements for the affordable housing development, if any;

(10) Number of bedrooms in the affordable housing unit; and

(11) Whether there are affordable housing units in the development that are accessible for persons with disabilities.

(b) The Affordable Housing Locator shall display the information required by this subchapter in various formats to allow the public the maximum flexibility in sorting through the information. The Affordable Housing Locator that is made available to the public by way of the internet shall be searchable and sortable by ward, target population, income limitation, affordable housing unit size, and rent or sales price.


(Aug. 15, 2008, D.C. Law 17-215, § 7, 55 DCR 7494.)

Section References

This section is referenced in § 42-2135.

Emergency Legislation

For temporary addition of provisions concerning hardship waiver eligibility, see §§ 2-4 of the Affordable Dwelling Unit Hardship Waiver Emergency Act of 2012 (D.C. Act 19-620, January 18, 2013, 60 DCR 1334).

Temporary Legislation

Sections 2 to 4 of D.C. Law added provisions concerning affordable dwelling unit hardship waiver to read as follows:

“Sec. 2. Definitions. For the purposes of this act, the term:

“(1) ‘Affordable Dwelling Unit’ shall have the same meaning as the term ‘affordable housing unit’ as defined in section 2(4) of the Affordable Housing Clearinghouse Directory Act of 2008, effective August 15, 2008 (D.C. Law 17-215; D.C. Official Code § 42-2131(4)).

“(2) ‘Area Median Income’ or ‘AMI’ shall have the same meaning as provided in section 2(1) of the Housing Production Trust Fund Act of 1988, effective March 16, 1989 (D.C. Law 7-202; D.C. Official Code § 42-2801(1)).

“Sec. 3. Hardship waiver eligibility criteria.

“(a) Where allowable by law, covenant, contract, and condominium documents, the Mayor may grant a unit owner the ability to rent the unit owner’s Affordable Dwelling Unit for one year, which may be renewed annually.

“(b) The unit owner must demonstrate a current condominium fee increase on the unit owner’s Affordable Dwelling Unit of $150 or 25% or more annually, whichever is greater. “Sec. 4. Comprehensive Affordable Dwelling Unit report.

“The Mayor shall submit a report by September 30, 2013, to the Council that examines the following Affordable Dwelling Unit issues:

“(1) The Mayor’s ability to amend the Affordable Dwelling Unit guidelines of the originating funding source agency or authority.

“(2) Whether each originating local subsidy provides the unit owner with the ability to rent the unit owner’s Affordable Dwelling Unit.

“(3) Recommendations for resources, including staffing, funding, and technology, regarding the District’s administration of affordable housing.

“(4) The policy and fiscal impacts of granting a unit owner with the ability to rent or sell the unit owner’s Affordable Dwelling Unit at an AMI level higher than the level initially set.”

Section 6(b) of D.C. Law provided that the act shall expire after 225 days of its having taken effect.


Subchapter II. Comprehensive Tracking Plan for Affordable Housing Inventory.

§ 42–2141. Definitions.

For the purposes of this subchapter, the term:

(1) “Affordable housing unit” means a unit of housing that is offered for rent or for sale for residential occupancy and as a result of a federal or District subsidy is made available and affordable to households whose income levels are less than or equal to 120% of the area median income.

(2) “Area median income” means:

(A) 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;

(B) For a household of 3 persons, 90% of the area median income for a household of 4 persons;

(C) For a household of 2 persons, 80% of the area median income for a household of 4 persons;

(D) For a household of one person, 70% of the area median income for a household of 4 persons; and

(E) For a household of more than 4 persons, the area median income for a household of 4 persons, increased by 10% for each household member exceeding 4 persons (for example, 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).

(3) “Extremely low-income” means a household income equal to 30% or less of the area median income.

(4) “Homeless” means a person:

(A) Who is lacking a fixed, regular residence that provides safe housing and the financial means to acquire such a residence immediately; or

(B) Whose primary night-time residence is:

(i) A supervised publicly or privately operated shelter or transitional housing facility designed to provide temporary living accommodations; or

(ii) A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings.

(5) “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.

(6) “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.


(Sept. 20, 2012, D.C. Law 19-168, § 2092, 59 DCR 8025.)


§ 42–2142. Inventory tracking requirements.

No later than December 1, 2012, the Mayor shall transmit to the Council an implementation plan that details the budget and resources necessary to begin tracking the Department of Housing and Community Development’s (“DHCD”) affordable housing inventory. The plan shall explicate the process and analyze the budget and resources necessary to begin tracking the number of:

(1) Affordable housing units that remain under affordability restrictions administered by DHCD, including the number of units that are:

(A) Made affordable to low-income households;

(B) Made affordable to very low-income households;

(C) Made affordable to extremely low-income households;

(D) Made available for homeownership;

(E) Made available for rent; and

(F) Specifically allocated for:

(i) Individuals diagnosed with HIV/AIDS;

(ii) Individuals diagnosed with a mental illness;

(iii) Individuals diagnosed as deaf or hearing impaired;

(iv) Individuals, and families, who are homeless;

(v) Individuals who are victims of domestic violence; and

(vi) Individuals diagnosed with a developmental disability;

(2) Low-income, very low-income, and extremely low-income households and individuals currently residing in the affordable housing units described in paragraph (1) of this section, including those listed in paragraph (1)(F)(i) through (vi) of this section;

(3) Affordable housing units that will exit affordability restrictions within the next 5 years, 10 years, 20 years, 30 years, or 40 years, including a delineation of their affordability levels and whether they are allocated for those individuals listed in paragraph (1)(F)(i) through (vi) of this section; and

(4) Affordable housing units in each ward, including a delineation of their affordability levels and whether they are allocated for those individuals listed in paragraph (1)(F)(i) through (vi) of this section.


(Sept. 20, 2012, D.C. Law 19-168, § 2093, 59 DCR 8025.)


Subchapter III. Truth in Affordability Reporting.

§ 42–2151.01. Definitions.

For the purposes of this subchapter, the term:

(1) “Actual income” means the cash equivalent of any affordable housing level expressed as a percentage of area median income.

(2) “Affordable housing development” means any structure or building in the District that is publically subsidized utilizing federal or local funds for the purpose of providing affordable housing.

(3) “Area median income” means the area median income of the Washington Metropolitan Statistical Area as set forth in the periodic calculation provided by the U.S. Department of Housing and Urban Development.

(4) “District of Columbia median family income” means the median family income solely for the District of Columbia, as calculated by the Office of the Chief Financial Officer of the District of Columbia.


(Mar. 10, 2015, D.C. Law 20-199, § 2, 61 DCR 12561.)


§ 42–2151.02. Calculation and reporting of affordability.

(a) No less frequently than annually, the Office of the Chief Financial Officer of the District of Columbia shall calculate and publish the District of Columbia median family income on the basis of household size.

(b) Affordable housing development projects that are publicly financed or subsidized by the District of Columbia shall be marketed utilizing affordability data expressed both in terms of area median income and actual income.

(c) When expressing data about affordable housing, the District of Columbia shall reference levels of affordability both in terms of area median income and actual income.

(d) The District's affordable housing database shall track affordable housing both by area median income and District of Columbia median family income.

(e) A tax abatement financial analysis required by Chapter 47 of Title 47 for the subsidy of affordable housing shall include the calculation of levels of housing affordability in terms of area median income, actual income, and District of Columbia median family income.


(Mar. 10, 2015, D.C. Law 20-199, § 3, 61 DCR 12561.)


Subchapter IV. Office-to-Affordable-Housing Task Force.

§ 42–2161.01. Establishment.

There is established an Office-to-Affordable-Housing Task Force ("Task Force") to determine whether transitioning existing vacant commercial office space to affordable residential housing units would help address the District of Columbia's affordable housing crisis.


(June 5, 2018, D.C. Law 22-103, § 2, 65 DCR 3777.)

Applicability

Section 7031 of D.C. Law 22-168 repealed section 6 of D.C. Law 22-103 amending the applicability restriction impacting this section. Therefore the creation of this section by D.C. Law 22-103 has been implemented.

Applicability of D.C. Law 22-103: § 6 of D.C. Law 22-103 provided that the creation of this section by § 2 of D.C. Law 22-103 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.


§ 42–2161.02. Membership.

(a)(1) The Task Force shall be composed of the following 9 members:

(A) A low-income renter;

(B) A representative of an apartment building owner or office building owner;

(C) A representative of an organization that advocates for the production, preservation, and rehabilitation of affordable housing for low-income households;

(D) A representative of a philanthropic organization that funds affordable housing;

(E) A representative of an organization that provides supportive housing services to low-income residents, including housing counseling, financial management, in-kind assistance, or legal representation;

(F) A representative with expertise in affordable housing policy from the academic or nonprofit community;

(G) A representative from the for-profit residential development community;

(H) A residential architect; and

(I) A structural engineer.

(2) One representative each from the following District agencies shall also serve on the Task Force:

(A) The Office of the Deputy Mayor of Planning and Economic Development;

(B) The Office of Zoning; and

(C) The Department of Housing and Community Development.

(b)(1) The Mayor may appoint the Task Force members identified in subsection (a)(1) of this section; provided, that after 90 days from June 5, 2018 becomes applicable pursuant to § 42-2161.05, the Chairman of the Council of the District of Columbia shall appoint a member to any position that the Mayor has not yet filled.

(2) The Mayor may appoint the chair of the Task Force; provided, that the Chairman of the Council of the District of Columbia shall appoint the chair if the Mayor has not done so within 90 days after June 5, 2018 becomes applicable pursuant to § 42-2161.05.

(c) Each member shall serve without compensation, except that members may receive reimbursement for expenses incurred in the service of the Task Force.

(d) The Office of the Deputy Mayor of Planning and Economic Development shall provide administrative support for the Task Force.

(e) The Task Force shall meet monthly.


(June 5, 2018, D.C. Law 22-103, § 3, 65 DCR 3777.)

Applicability

Section 7031 of D.C. Law 22-168 repealed section 6 of D.C. Law 22-103 amending the applicability restriction impacting this section. Therefore the creation of this section by D.C. Law 22-103 has been implemented.

Applicability of D.C. Law 22-103: § 6 of D.C. Law 22-103 provided that the creation of this section by § 3 of D.C. Law 22-103 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.


§ 42–2161.03. Report.

Within 120 days after the appointment of the appointed members, the Task Force shall submit a report to the Mayor and the Council that addresses the following:

(1) Whether transitioning vacant commercial office space to affordable housing units, including units with multiple bedrooms, would help address the District of Columbia's affordable housing crisis;

(2) Any legislative, regulatory, zoning, or policy changes that the Task Force recommends making to promote the transition of vacant commercial office buildings to affordable housing units, including units with multiple bedrooms; and

(3) Any costs to the District and property owners associated with the recommended changes and recommendations on how to fund such costs.


(June 5, 2018, D.C. Law 22-103, § 4, 65 DCR 3777.)

Applicability

Section 7031 of D.C. Law 22-168 repealed section 6 of D.C. Law 22-103 amending the applicability restriction impacting this section. Therefore the creation of this section by D.C. Law 22-103 has been implemented.

Applicability of D.C. Law 22-103: § 6 of D.C. Law 22-103 provided that the creation of this section by § 4 of D.C. Law 22-103 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.


§ 42–2161.04. Sunset.

This subchapter shall expire as of the date the Task Force submits the report required by § 42-2161.03 to the Mayor and the Council.


(June 5, 2018, D.C. Law 22-103, § 5, 65 DCR 3777.)

Applicability

Section 7031 of D.C. Law 22-168 repealed section 6 of D.C. Law 22-103 amending the applicability restriction impacting this section. Therefore the creation of this section by D.C. Law 22-103 has been implemented.

Applicability of D.C. Law 22-103: § 6 of D.C. Law 22-103 provided that the creation of this section by § 5 of D.C. Law 22-103 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.


§ 42–2161.05. Applicability. [Repealed]

Repealed.


(June 5, 2018, D.C. Law 22-103, § 6, 65 DCR 3777; Oct. 30, 2018, D.C. Law 22-168, § 7032, 65 DCR 9388.)

Applicability

Section 7031 of D.C. Law 22-168 repealed section 6 of D.C. Law 22-103 amending the applicability restriction impacting this section. Therefore the creation of this section by D.C. Law 22-103 has been implemented.