§ 6–201(Perm). Definitions.

*NOTE: This codification is not the most current, due to recent law changes. To see the current law (including emergency and temporary legislation, if relevent) click this link: Current Version*

For the purposes of this chapter, the term:

(1) “Act” means this chapter.

(2) Repealed.

(3) “Apprehension” means the act of seizing or arresting a suspect.

(3A) “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;

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

(E) 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).

(4) “Arrest” means the act of seizing and charging a suspect with the commission of a crime or violation.

(5) “Authority” means the District of Columbia Housing Authority.

(6) “Board” means the Stabilization and Reform Board of the District of Columbia Housing Authority.

(7) “Book” means to enter an official charge against an arrested suspect on a police register.

(7A) “Capper/Carrollsburg Public Improvements” means the infrastructure, including streets, sidewalks, walkways, streetscapes, curbs, gutters, and gas, electric, and water utility lines, and other publicly-owned infrastructure, and the relocation, construction, and redevelopment of certain public facilities located within or serving the Capper/Carrollsburg PILOT Area designated pursuant to § 47-4611.

(7B) "Capital-based assistance" means capital gap financing for the construction or rehabilitation of housing units for which project-based voucher assistance or sponsor-based voucher assistance was previously awarded as an operating subsidy.

(8) “Central labor council” means the regional umbrella federation of all local AFL-CIO unions, including most of the private, federal, and public sector unions in the District of Columbia.

(9) “Chief Financial Officer” or “CFO” means the Chief Financial Officer of the District as established by § 1-204.24a(a).

(10) “City-Wide Resident Council Advisory Board” means the group consisting of the President of each Resident Council and not more than 15 members selected by the residents.

(11) “Council” means the Council of the District of Columbia.

(12) Repealed.

(13) “Day” or “Days” means a calendar day or days.

(13A) “Development costs” means all costs and expenses incurred by or on behalf of the District of Columbia or the Authority relating to the development, redevelopment, purchase, acquisition, protection, financing, construction, expansion, reconstruction, restoration, rehabilitation, renovation, repair, furnishing, equipping, and operating of the Capper/Carrollsburg Public Improvements, including:

(A) The costs of demolishing or removing buildings or structures on, and site preparation of, land acquired or used for, or in connection with, the Capper/Carrollsburg Public Improvements;

(B) Costs of relocation, construction, and redevelopment of the Capper/Carrollsburg Public Improvements;

(D) Interest prior to, and during, construction and for a period as may be necessary for the operation of the Capper/Carrollsburg Public Improvements;

(E) Provisions for reserves for principal and interest, capitalized interest, and extraordinary repairs and replacements;

(F) Expenses incurred for architectural, engineering, energy efficiency technology, design and consulting, financial, and legal services;

(G) Fees for letters of credit, bond insurance, debt service reserve insurance, surety bonds, or similar credit or liquidity enhancement instruments;

(H) Costs and expenses associated with the conduct and preparation of specification and feasibility studies, plans, surveys, historic structure reports, and estimates of expenses and revenues;

(I) Expenses necessary or incident to the District of Columbia or the Authority issuing bonds, notes, or other obligations to finance the acquisition, construction, or redevelopment of the Capper/Carrollsburg Public Improvements and determining the feasibility and the fiscal impact of financing the acquisition, construction, or redevelopment of the Capper/Carrollsburg Public Improvements; and

(J) The provision of a proper allowance for contingencies and initial working capital.

(14) “District” means the District of Columbia.

(15) “DCHAPD” means the District of Columbia Housing Authority Police Department, the duly constituted police department of the District of Columbia Housing Authority established under § 6-223.

(16) “District government” means the Government of the District of Columbia.

(16A) “Domestic partner” shall have the same meaning as provided in § 32-701(3).

(17) “DPAH” means the former Department of Public and Assisted Housing of the District.

(17A) "Dwelling unit" means any room or group of rooms located within a residential or mixed-use building and forming a single unit that is used or intended to be used for living, sleeping, and the preparation and eating of meals.

(18) “Execute” means to carry out or perform all necessary formalities to effect or enforce the directions of a court order, court decree, or warrant.

(19) “Executive Director” means the Executive Director of the Authority.

(19A) “Extremely-low income” means an individual or family whose gross income does not exceed 30% of the area median income.

(19B) “For-profit activities” means ancillary activities to the main activities of the District of Columbia Housing Authority, such as retail, commercial office, manufacturing, or recreational real property development activities undertaken by for-profit entities intended to support or contribute to the financial viability of Housing Properties, but does not include residential real property development activities.

(20) “Fund” means the District of Columbia Housing Authority Fund established by § 6-202.

(21) “General Counsel” means the Officer employed as the general counsel of the Authority.

(22) “General Population Housing” means a housing community that includes or may include non-elderly singles, families, residents with disabilities, and elderly residents.

(23) “Housing Act of 1937” means the United States Housing Act of 1937, approved September 1, 1937 (50 Stat. 888; 42 U.S.C. § 1401 et seq.).

(23A) “Housing Choice Voucher Program” means the federal housing program authorized by section 8 of the United States Housing Act of 1937, approved September 1, 1937 (50 Stat. 888; 42 U.S.C. § 1437(f) et seq.), and administered in the District of Columbia by the District of Columbia Housing Authority.

(24) “Housing Finance Agency” or “HFA” means the District of Columbia Housing Finance Agency established by the Housing Finance Agency Act.

(25) “Housing Finance Agency Act” means Chapter 27 of Title 42 of the D.C. Official Code.

(26) “Housing Property” or “Housing Properties” means housing and related facilities for persons of low- and moderate-income, including housing and related facilities for the elderly, and housing and related facilities for people with disabilities; and housing, community facilities, and other properties intended to support or contribute to the financial viability of such housing and related facilities: (A) owned, operated, or managed by the Authority, or (B) the development or administration of which is assisted by the Authority.

(27) “HUD” means the United States Department of Housing and Urban Development.

(28) “Low-income families” or “persons of low-income” means families or persons whose incomes do not exceed 80% of the median area income in and for the Washington Metropolitan Area or shall be such other meaning as shall be established by HUD in the Housing Act of 1937.

(29) “Mayor” means the Mayor of the District of Columbia.

(30) “Members of the DCHAPD” means those persons who are employed as police officers and special police officers by the Authority.

(31) “Metropolitan Police Department” means the District of Columbia Metropolitan Police Department or Metropolitan Police Force.

(32) “Mixed-Income Community” means a housing development which includes rental or homeownership units made available to persons or families of varying incomes and which includes Public-Housing-Assisted Units.

(33) “Mixed Population Housing” means a housing community that includes elderly and non-elderly residents with disabilities.

(34) “Moderate-income families” or “persons of moderate-income” means families or persons whose incomes do not exceed 115% of the median area income in and for the Washington Metropolitan Area, or shall have such other meaning as may from time to time be established by HUD in the Housing Act of 1937.

(35) “Obligations” means revenue bonds, notes, mortgages, or other obligations (including refunding bonds, notes, or other obligations) to finance or refinance the undertakings of the Authority pursuant to this chapter.

(36) “Officer” means an Authority employee who is in a decision-making or supervisory position.

(36A) “Partnership Program for Affordable Housing” means the District of Columbia Housing Authority Program described in Chapter 93 of Title 14 of the District of Columbia Municipal Regulations.

(37) “Personnel Act” means Chapter 6 of Title 1 of the D.C. Official Code.

(38) “Power of arrest” means the ability to seize and arrest an alleged or suspected offender to answer for a crime.

(39) “Procurement Act” means Chapter 3 of Title 2 of the D.C. Official Code.

(39A) “Project-based voucher assistance” means funds attached to a particular building, or set of buildings, owned and operated by a private or nonprofit housing provider.

(40) “Public Employee Relations Board” or “PERB” means the District of Columbia Public Employee Relations Board established under § 1-605.01.

(41) “Public-Housing-Assisted Unit” means any unit that is developed, operated, or maintained in whole or in part with federally-appropriated housing funds, including capital or revitalization funds and operating subsidy funds.

(42) “Receiver” means the receiver appointed to oversee the District of Columbia Housing Authority, operating pursuant to the order entered in Pearson v. Kelly, 92-CA-14030 (Sup. Ct. D.C. May 19, 1995).

(42A) “Rent Supplement Program” means the program established under § 6-226 to provide housing assistance to extremely low-income District residents, including those who are homeless and those in need of supportive services, such as elderly individuals or those with disabilities.

(43) “Resident” means any individual who resides in a dwelling unit in a Public-Housing Assisted Unit as a signatory on a lease for said dwelling unit; is identified on the lease as a member of the family of the individual who is the signatory on the lease; or is a resident as defined in the Housing Act of 1937.

(43A) “Sponsor-based voucher assistance” means funds allocated under contract to a particular private or nonprofit housing provider to subsidize the rent, in units owned and operated by the provider, for a maximum number of households established by contract.

(43B) “Supportive housing” means housing provided in connection with voluntary services designed primarily to help tenants maintain housing, including coordination or case management, physical and mental health, substance use management and recovery support, job training, literacy and education, youth and children’s programs, and money management.

(43C) "Tenant-based voucher assistance" means housing subsidy payments provided for households with extremely low incomes or histories of homelessness to pay all or a portion of the household's rent in privately owned housing units in the District.

(44) “Weapon” means an instrument or device for offensive or defensive combat, or anything used, or designed to be used, for the purpose of harming, threatening, damaging, or injuring a person or property.

(May 9, 2000, D.C. Law 13-105, § 2, 47 DCR 1325; Apr. 12, 2005, D.C. Law 15-337, § 2(a), 52 DCR 2278; Mar. 2, 2007, D.C. Law 16-192, § 2142(a), 53 DCR 6899; Apr. 24, 2007, D.C. Law 16-305, § 19(a), 53 DCR 6198; Mar. 20, 2008, D.C. Law 17-118, § 102(a), 55 DCR 1461; Sept. 12, 2008, D.C. Law 17-231, § 15(a), 55 DCR 6758; Mar. 25, 2009, D.C. Law 17-353, § 302, 56 DCR 1117; May 2, 2015, D.C. Law 20-271, § 254(a), 62 DCR 1884; Nov. 13, 2021, D.C. Law 24-45, § 2042(a), 68 DCR 010163.)

Effect of Amendments

D.C. Law 15-337 added par. (19A).

D.C. Law 16-192 added pars. (3A), (19A), (23A), (36A), (39A), (42A), (43A), and (43B).

D.C. Law 16-305 substituted “residents with disabilities” for “disabled residents”, throughout the section.

D.C. Law 17-118 added pars. (7A) and (13A).

D.C. Law 17-231 added par. (16A).

D.C. Law 17-353 validated previously made technical corrections in the designation of pars. (19A) and (19B).

The 2015 amendment by D.C. Law 20-271 repealed (2), defining “Advisory Committee.”

Emergency Legislation

For temporary (90-day) addition of §§ 5-151 to 5-172 1981 Ed., see §§ 2 to 23 of the District of Columbia Housing Authority Emergency Act of 1999 (D.C. Act 13-259, February 9, 2000, 47 DCR 1129).

For temporary (90-day) addition of §§ 5-151 to 5-172 1981 Ed., see §§ 2 to 23 of the District of Columbia Housing Authority Congressional Review Emergency Act of 2000 (D.C. Act 13-346, June 5, 2000, 47 DCR 4980).

For temporary (90 day) amendment of section, see § 2(a) of District of Columbia Housing Authority Revitalization Projects Emergency Amendment Act of 2004 (D.C. Act 15-552, October 26, 2004, 51 DCR 10356).

For temporary (90 day) amendment of section, see § 2(a) of District of Columbia Housing Authority Revitalization Projects Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-36, February 17, 2005, 52 DCR 3026).

For temporary (90 day) amendment of section, see § 2142(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 § 2142(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) amendment of section, see § 2142(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 § 2 of Local Rent Supplement Program Emergency Amendment Act of 2008 (D.C. Act 17-306, February 22, 2008, 55 DCR 2518).

For temporary (90 day) amendment of section, see § 102(a) of Arthur Capper/Carrollsburg Public Improvement Revenue Bonds Technical Correction Emergency Act of 2008 (D.C. Act 17-318, March 19, 2008, 55 DCR 3418).

For temporary (90 day) amendment of section, see § 2(a) of Local Rent Supplement Program Second Emergency Amendment Act of 2008 (D.C. Act 17-684, January 12, 2009, 56 DCR 1111).

For temporary (90 days) amendment of this section, see § 254(a) of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-7, Feb. 26, 2015, 62 DCR 2646, 21 STAT 807).

For temporary (90 days) amendment of this section, see § 254(a) of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Emergency Amendment Act of 2014 (D.C. Act 20-481, Nov. 18, 2014, 61 DCR 12133, 20 STAT 4405).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(a) of District of Columbia Housing Authority Revitalization Projects Temporary Amendment Act of 2004(D.C. Law 15-260, March 17, 2005, law notification 52 DCR 4372).

For temporary (225 day) amendment of section, see § 2 of Local Rent Supplement Program Temporary Amendment Act of 2008 (D.C. Law 17-164, May 13, 2008, law notification 55 DCR 6252).

Section 2(a) of D.C. Law 17-382, in par. (43A), substituted “units owned, leased, or operated” for “units owned and operated”.

Section 4(a) of D.C. Law 17-382 provided that the act shall expire after 225 days of its having taken effect.

Short Title

Short title: Section 2141 of D.C. Law 16-192 provided that subtitle L of title II of the act may be cited as the “D.C. Housing Authority Rent Supplement Act of 2006”.