Chapter 20B. Common Interest Community Repairs.

§ 42–2071. Definitions.

For the purposes of this chapter, the term:

(1) "Board" means the executive and administrative entity, by whatever name denominated, designated in the organizing instruments of a common interest community to act for the unit owners' association in governing and maintaining the common interest community.

(2) "Common elements" means all portions of the common interest community other than the units and as defined in the organizing instruments of the common interest community.

(3) "Common interest community" means a residential condominium, residential cooperative, or other residential real property with respect to which a person, by virtue of the person's ownership of a parcel of real property, is obligated to pay property taxes or insurance premiums, or for maintenance, or improvement of other real property described in a recorded covenant that creates the common interest community.

(4) "DHCD" means the Department of Housing and Community Development.

(5) "Green Communities standard" means criteria for the sustainable design, construction, and operation of healthy, energy-efficient, and environmentally responsible affordable housing established and published by Enterprise Community Partners.

(6) "MFI" means the median family income for a household in the Washington Metropolitan Statistical Area as set forth in the periodic calculation provided by the U.S. Department of Housing and Urban Development ("HUD"), adjusted for family size, without regard to any adjustments made by HUD for the purposes of the programs it administers.

§ 42–2072. Common Interest Community Repairs Program; establishment.

(a) The DHCD shall establish and administer a Common Interest Community Repairs Program ("Program") for the purpose of repairing common elements of income-eligible common interest communities.

(b) For each common interest community, the value of services provided under the Program shall not exceed $100,000.

(1) Plumbing;

(2) Electrical;

(3) Roof maintenance, repairs, or replacement;

(4) Entrance security and safety, including front door locks and common area lighting;

(5) Elevators and shared stairways;

(6) Shared porches and fire escapes; and

(7) Other common elements of a building to cure building and housing code violations.

(d) Where applicable, repairs made under the Program shall meet or exceed the most recent Green Communities standard, or other substantially similar or more stringent standard for sustainable construction and operation of multi-unit housing.

(e) DHCD shall:

(1) Develop a grant application form specific to the Program;

(2) Provide written notification to the applicant of approval or denial of the application. If the grant application is denied, the notification shall include the reason for the denial and any process for reconsideration; and

(3) Develop and administer a common interest community-stewardship course for board members, at no cost to the board or common interest community.

(f) DHCD shall not begin repairs on a common interest community until the common interest community's board members have completed the common interest community stewardship course created pursuant to subsection (e)(3) of this section.

(g) DHCD may finance the Program using funds from the following sources:

(1) Pursuant to § 42-2857.01(e)(1C)(C), revenue from the sale of property disposed of by DHCD; and

(2) Any other funding source available to DHCD for which the Program would qualify as an eligible use.

(h) Program spending, including spending to administer the Program, shall be limited to funds included in an approved budget and financial plan.

§ 42–2073. Common Interest Community Repairs Program; eligibility.

To be eligible for the Program, a common interest community shall meet the following requirements:

(1) A common interest community shall have at least 5 units;

(2) At least 2/3rds of a common interest community's owner-occupied or shareholder-occupied units shall be occupied by households with a household income, as defined by § 47-1806.09(4), of no greater than 60% of the MFI;

(3) The board shall be registered with the Department of Licensing and Consumer Protection; and

(4) A common interest community may not have received services under the Program in the past year.

§ 42–2074. Rules.

The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this chapter within 180 days after October 30, 2018.