D.C. Law 22-65. Homeless Services Reform Amendment Act of 2017.
AN ACT
To amend the Homeless Services Reform Act of 2005 to align terminology with federal law and clarify who qualifies as a resident of the District of Columbia, to clarify the membership, appointment process, roles, and responsibilities of the Interagency Council on Homelessness and its members, to clarify the housing services offered within the Continuum of Care, to repeal the Housing First program and the Housing First Fund, to require the Mayor to assist individuals and families seeking services within the Continuum of Care with demonstrating eligibility, to authorize the Mayor to redetermine eligibility for Continuum of Care services, under certain circumstances, upon receipt of new and relevant information, to direct the Mayor to use the District's centralized or coordinated assessment system protocol to determine referrals for eligible individuals and families within the Continuum of Care, to clarify that applicants for severe weather shelter may have a 3-day grace period from the date of application to demonstrate proof of District residency, to repeal outdated provisions related to Rapid Re-Housing and the local rent supplement program, to repeal the requirement that the Mayor use available tenant-based housing assistance, under certain circumstances, to house homeless families, to provide Continuum of Care clients the right to associate and assemble peacefully, to provide additional rights for clients in permanent housing programs, to require employees of Continuum of Care service providers to receive certain training, to require a provider of medical respite services to provide a client that no longer requires services with 24 hours' notice before terminating services, to clarify the kind of notice providers must give clients before transferring or terminating services, to authorize a Continuum of Care provider to transfer an individual or family when the individual or family is no longer eligible for services or when the provider is unable to continue operating due to loss of funding or loss of control of the facility, to authorize a Continuum of Care provider to exit an individual or family from a program when the individual or family has reached the time limit in the program, has been assigned a provider for substantially all of the program, and does not meet recertification standards for the program, or if the Mayor determines that the individual or family is no longer eligible for services, to authorize a Continuum of Care provider to transfer, suspend, or terminate services within 24 hours where the client presents an imminent threat and to effect an emergency transfer of a client in the case of a loss of a unit beyond the control of the provider or the Department of Human Services or where a client materially impairs the providers ability to provide services to other clients, to specify the evidence that the Office of Administrative Hearings may consider when reviewing an appeal from a decision to exit a client from a program, to redesignate the Office of Shelter Monitoring as the Shelter Monitoring Unit, to permit the Mayor to contract to provide beds for LGBTQ youth, to exempt providers of medical respite services from enumerated requirements of the act, to create reporting requirements related to Rapid Re-Housing, and to establish a program to support clients exiting Rapid Re-Housing; to amend the Homeless Prevention Program Establishment Act of 2014 to authorize the Mayor to enter into a grant agreement with a third-party to operate the Homeless Prevention Program; and to repeal the Medical Respite Services Exemption Emergency Amendment Act of 2017 and the Medical Respite Services Exemption Temporary Amendment Act of 2017.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Homeless Services Reform Amendment Act of 2017".
Sec. 2. The Homeless Services Reform Act of 2005, effective October 22, 2005 (D.C. Law 16-35; D.C. Official Code § 4-751.01 et seq.), is amended as follows:
(a) The table of contents is amended as follows:
(1) A section designation is added for section 5a to read as follows:
"Sec. 5a. Plan to end youth homelessness in the District by 2022.
(2) A section designation is added for section 7a to read as follows:
"Sec. 7a. Housing First Fund. [Repealed].".
(3) Section designations are added for sections 8a, 8b, 8c, 8d, and 8e to read as follows:
"Sec. 8a. Grace period for demonstrating residency.
"Sec. 8b. Fiscal years 2012 and 2013 rapid re-housing. [Repealed].
"Sec. 8c. Placement of first-priority homeless families. [Repealed].
"Sec. 8d. Department requirements for placements of individuals and families in permanent supportive housing.
"Sec. 8e. Local rent supplement program referrals [Repealed].
(4) Strike the phrase "Sec. 10. Additional rights for clients in temporary shelter or supportive housing." and insert the phrase "Sec. 10. Additional rights for clients in temporary shelter or transitional housing." in its place.
(5) A section designation is added for new section 10a to read as follows:
"Sec. 10a. Additional rights for clients in permanent housing programs.
(6) A section designation is added for section 12a to read as follows:
"Sec. 12a. Training standards for all providers.
(7) Strike the phrase "Sec. 15. Additional standards for providers of temporary shelter and supportive housing." and insert the phrase "Sec. 15. Additional standards for providers of temporary shelter, transitional housing, and permanent housing programs" in its place.
(8) A section designation is added for section 16a to read as follows:
"Sec. 16a. Additional standards for providers of shelter, transitional housing, or permanent housing programs for LGBTQ homeless youth.
(9) A section designation is added for section 22a to read as follows:
"Sec. 22a. Discontinuation of permanent supportive housing.
(10) A section designation is added for new section 22b to read as follows:
"Sec. 22b. Program exits.
(11) Strike the phrase "Sec. 27a. Establishment of Office of Shelter Monitoring." and insert the phrase "Sec. 27a. Establishment of Shelter Monitoring Unit." in its place.
(12) Strike the phrase "Sec. 27b. Powers and duties of the Office." and insert the phrase "Sec. 27b. Powers and duties of the Shelter Monitoring Unit" in its place.
(13) Strike the phrase "Sec. 27f. Policies and procedures." and insert the phrase "Sec. 27f. Annual monitoring strategy." in its place.
(14) A section designation is added for new section 29a to read as follows:
"Sec. 29a. Medical respite services; exemptions.
(14) Section designations are added for sections 31a, 31b, and 31c, and new sections 31d, and 31e to read as follows:
"Sec. 31a. Director to End Homelessness.
"Sec. 31b. Interim eligibility reporting requirement.
"Sec. 31c. Flexible Rent Subsidy Pilot Program.
"Sec. 31d. Annual Rapid Re-Housing report.
"Sec. 31e. Voluntary program for former Rapid Re-Housing participants.
(b) Strike the phrase "at imminent risk of becoming homeless" wherever it appears and insert the phrase "at risk of homelessness" in its place.
(c) Section 2 (D.C. Official Code § 4-751.01) is amended as follows:
(1) New paragraphs (5A) and (5B) are added to read as follows:
"(5A) "At risk of chronic homelessness" means an individual or a family with a head of household who:
"(A) Is homeless and lives in a place not meant for human habitation or in a shelter;
"(B) Can be diagnosed with one or more of the following conditions: substance use disorder, serious mental illness, developmental disability (as defined in
"(C) Does not have sufficient resources or support networks, such as family, friends, and faith-based or other social networks, immediately available to assist them in obtaining permanent housing.
"(5B) "At risk of homelessness" means that an individual or family:
"(A)(i) Has an annual income below 40% of the median family income for the Washington DC Metropolitan Area, as determined by the U.S. Department of Housing and Urban Development; or
"(ii) Has an annual income below 30% of the median family income for the Washington DC Metropolitan Area, as determined by the U.S. Department of Housing and Urban Development, if providing a program or service to the individual or family would require the District or a provider to expend funds that are restricted by federal law or policy on the individual or family;
"(B) Does not have sufficient resources or support networks, such as family, friends, and faith-based or other social networks, immediately available to prevent them from moving to a shelter or another place described in paragraph (18)(A) of this section; and
"(C) Meets one of the following conditions:
"(i) Has moved housing accommodations because of economic reasons 2 or more times during the 60 days immediately preceding the application for crisis intervention assistance;
"(ii) Is living in the home of another individual or family because of economic hardship;
"(iii) Has been notified or can document that their right to occupy their current housing or living situation will be terminated, including notification or documentation of past-due rent;
"(iv) Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by federal, state, or local government programs for low-income individuals;
"(v) Lives in:
"(I) A single-room occupancy or efficiency apartment unit in which there reside more than 2 persons; or
"(II) A housing unit, as defined by the U.S. Census Bureau, in which there reside more than 1.5 people per room;
"(vi) Is exiting a publicly funded institution or a publicly funded system of care; or
"(vii) Otherwise lives in housing that has characteristics associated with instability and an increased risk of homelessness, as identified in the District's approved consolidated plan.".
(2) New paragraphs (6A), (6B), and (6C) are added to read as follows:
"(6A) "Centralized or coordinated assessment system" means a centralized or coordinated process, which is designed to coordinate client intake, assessment, and the provision of referrals, and includes a standardized assessment tool that can be used to provide an initial assessment of the needs of individuals and families for housing and services within the Continuum of Care.
"(6B) "Centralized or coordinated assessment system protocol" means the policies and operational procedures that govern how the centralized or coordinated assessment system is administered in the District, including policies regarding client prioritization and procedures for making referrals within the Continuum of Care.
"(6C) "Chronically homeless" means:
"(A) An individual who:
"(i) Is homeless and lives in a place not meant for human habitation or in a shelter;
"(ii) Has been homeless continuously for at least one year or on at least 4 separate occasions in the last 3 years; and
"(iii) Can be diagnosed with one or more of the following conditions: substance use disorder, serious mental illness, developmental disability (as defined in
"(B) An individual who:
"(i) Has been residing in an institution; and
"(ii) Met all of the criteria in subparagraph (A) of this paragraph before entering that facility; or
"(C) A family with a head of household who meets all of the criteria in subparagraph (A) of this paragraph, including a family whose composition has fluctuated while the head of household has been homeless.".
(3) A new paragraph (7A) is added to read as follows:
"(7A) "Collaborative applicant" means the entity designated to apply for federal Continuum of Care planning funds.".
(4) Paragraph (8) is amended by striking the phrase "permanent supportive housing" and inserting the phrase "permanent housing programs" in its place.
(5) A new paragraph (8A) is added to read as follows:
"(8A) "Continuum of Care Governance Board" means the board established to act on behalf of organizations and agencies in the District that provide services within the Continuum of Care, including nonprofit homeless providers, victim service providers, faith-based organizations, government agencies, businesses, advocates, public housing agencies, school districts, social service providers, mental health agencies, hospitals, universities, affordable housing developers, law enforcement, and organizations that serve homeless and formerly homeless veterans and homeless and formerly homeless people, for the purposes of operating the Continuum of Care Program pursuant to 24 C.F.R. Part 578.".
(6) A new paragraph (13A) is added to read as follows:
"(13A) "Domestic violence" shall have the same meaning as "intrafamily offense", as defined in
(7) Paragraph (18) is amended to read as follows:
"(18) "Homeless" means:
"(A) An individual or family that lacks a fixed, regular, and adequate nighttime residence, meaning:
"(i) An individual or family with a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus or train station, airport, or camping ground;
"(ii) An individual or family living in a supervised publicly or privately operated housing facility designated to provide temporary living arrangements, including shelters, transitional housing, and hotels and motels paid for by charitable organizations or by federal, state, or local government programs for low-income individuals; or
"(iii) An individual who is exiting an institution where he or she resided for 180 days or less and who resided in a shelter or place not meant for human habitation immediately before entering that institution;
"(B) An individual or family who has lost or will imminently lose their primary nighttime residence, if:
"(i) The primary nighttime residence will be lost within 14 days of the date of application for homeless assistance or has already been lost;
"(ii) No subsequent residence has been identified; and
"(iii) The individual or family lacks the resources or support networks, such as family, friends, and faith-based or other social networks, needed to obtain other permanent housing;
"(C) An unaccompanied youth, who:
"(i) Has not had a lease, ownership interest, or occupancy agreement in permanent housing at any time during the 60 days immediately preceding the date of application for homeless assistance;
"(ii) Has experienced persistent instability as measured by 2 moves of housing accommodations or more during the 60-day period immediately preceding the date of applying for homeless assistance; and
"(iii) Can be expected to continue in such status for an extended period of time because of:
"(I) Chronic disabilities, chronic physical health or mental health conditions, substance addiction, or a history of domestic violence or childhood abuse (including neglect);
"(II) The presence, in the household, of a child or youth with a disability; or
"(III) Two or more barriers to employment, which include the lack of a high school degree or General Education Development, illiteracy, low English proficiency, a history of incarceration or detention for criminal activity, and a history of unstable employment; or
"(D) Any individual or family who:
"(i) Is fleeing, or is attempting to flee, domestic violence, dating violence, sexual assault, stalking, or other dangerous or life-threatening conditions that relate to violence against the individual or a family member, including a child, that has either taken place within the individual's or family's primary nighttime residence or has made the individual or family afraid to return to their primary nighttime residence;
"(ii) Has no other residence; and
"(iii) Lacks the resources or support networks, such as family, friends, and faith-based or other social networks, needed to obtain other permanent housing.".
(8) A new paragraph (18A) is added to read as follows:
"(18A) "HMIS" means the Homeless Management Information System designated by the Continuum of Care Governance Board to comply with the U.S. Department of Housing and Urban Development's data collection, management, and reporting standards and used to collect client-level data and data on the provision of housing and services to homeless individuals and families and people at risk of homelessness.".
(9) Paragraph (19) is repealed.
(10) A new paragraph (21A) is added to read as follows:
"(21A) "Individual" means an unaccompanied adult or unaccompanied youth.".
(11) Paragraph (23) is repealed.
(12) Paragraph (24) is amended by striking the phrase "on the grounds of a shelter or supportive housing facility" and inserting the phrase "in a program covered by this act" in its place.
(13) A new paragraph (24A) is added to read as follows:
"(24A) "Institution" means a healthcare facility, nursing home, mental health facility, foster care or other residential youth facility, substance abuse treatment or rehabilitation facility, or criminal correctional program or facility.".
(14) A new paragraph (26A) is added to read as follows:
"(26A) "Medical respite services" means time-limited acute and post-acute medical care that is provided in a residential medical facility or shelter to individuals who are:
"(A) Homeless; and
"(B) Determined by a qualified medical professional licensed in the District to require medical assistance.".
(15) Paragraph (27A) is repealed.
(16) New paragraphs (27B) and (27C) are added to read as follows:
"(27B) "Permanent housing" means housing without a designated length of stay, characterized by a lease or other occupancy agreement that is for a term of at least one year and renewable by the tenant named on the lease for terms that are a minimum of one month.
"(27C) "Permanent housing program" means a federally or locally funded program within the Continuum of Care through which individuals or families obtain permanent housing. The term "permanent housing program" includes Rapid Re-Housing and permanent supportive housing.".
(17) Paragraph (28) is amended to read as follows:
"(28) "Permanent supportive housing" means a program that provides rental assistance and supportive services for an unrestricted period of time to assist individuals and families experiencing chronic homelessness, or at risk of experiencing chronic homelessness, to obtain and maintain permanent housing and to live as independently as possible.".
(18) Paragraph (31A) is amended to read as follows:
"(31A) "Rapid Re-Housing" means a program that provides housing relocation and stabilization services and time-limited rental assistance, as necessary, to help a homeless individual or family move as quickly as possible into permanent housing and achieve stability in permanent housing such that recipients may remain in the housing when assistance ends.".
(19) Paragraph (32) is amended to read as follows:
"(32) "Resident of the District" means an individual or family who:
"(A)(i) Is not receiving locally administered public assistance from a jurisdiction other than the District;
"(ii) Is living in the District voluntarily and not for a temporary purpose and who has no intention of presently moving from the District, which shall be determined and applied in accordance with
"(iii) Demonstrates residency by providing evidence that the individual or family is receiving public assistance from the District as administered by the Department or by providing one of the following:
"(I) Documents from the U.S. Social Security Administration addressed to the individual or a member of the family at a residential address in the District;
"(II) Evidence that the individual or a member of the family is attending school in the District;
"(III) A valid, unexpired District motor vehicle operator's permit or other official non-driver identification in the name of the individual or a member of the family;
"(IV) A utility bill for water, gas, electric, oil, cable, or a land-line telephone issued within the last 60 days that contains the name and a residential District address of the individual or a member of the family;
"(V) A personal income tax document issued within the last year by the District or federal government that contains the name of the individual or a member of the family and indicates a residential address in the District;
"(VI) A pay stub issued within the last 60 days to the individual or a member of the family that indicates a residential address in the District;
"(VII) A valid voter registration card, military identification, or veteran's identification issued by the District or federal government that contains the name of the individual or a member of the family and indicates a residential address in the District;
"(VIII) An unemployment document or stub issued to the individual or a member of the family that indicates a residential address in the District;
"(IX) A current motor vehicle registration in the name of the individual or a member of the family that indicates a residential address in the District;
"(X) An eviction notice from a residential property in the District issued to the individual or a member of the family within the last 60 days;
"(XI) A valid unexpired District lease or rental agreement with the name of the individual or a member of the family listed as the lessee or as a permitted resident or renter; or
"(XII) Any other document the Department identifies as acceptable proof of residency; or
"(B) Produces one of the documents required pursuant to subparagraph (A)(iii), issued or otherwise valid within the last 2 years, and a written verification by a verifier who attests, to the best of the verifier's knowledge, that the individual or family became homeless in the District and has not established a permanent residence outside of the District in the previous 2 years.".
(20) Paragraph (32A) is redesignated as paragraph (32B).
(21) A new paragraph (32A) is added to read as follows:
"(32A) "Retaliation" means any adverse action taken by a provider against a client in response to the client exercising any of the rights protected in
(22) Paragraph (38) is repealed.
(23) Paragraph (43) is amended by striking the number "24" and inserting the number "25" in its place.
(d) Section 4 (D.C. Official Code § 4-752.01) is amended as follows:
(1) Subsection (b) is amended as follows:
(A) Paragraph (1) is amended to read as follows:
"(1) The City Administrator, who shall serve as chairperson of the Interagency Council, and who may designate a subordinate to serve as chairperson in the City Administrator's absence;".
(B) A new paragraph (1B) is added to read as follows:
"(1B) The Deputy Mayor for Health and Human Services;".
(C) Paragraph 2(B) is amended by striking the word "Mental" and inserting the word "Behavioral" in its place.
(D) Paragraphs (3), (4), (5), and (6) are amended to read as follows:
"(3) A representative of the agency designated as the District's collaborative applicant;
"(4) One representative each from a minimum of 7 and a maximum of 8 organizations that are providing services within the Continuum of Care;
"(5) A minimum of 3 and a maximum of 4 homeless or formerly homeless individuals;
"(6) A minimum of 3 and a maximum of 4 representatives of advocacy organizations for the District's homeless population;".
(E) A new paragraph (6A) is added to read as follows:
"(6A) A minimum of 3 and a maximum of 4 representatives of business, philanthropic, or other private sector organizations that have resources or expertise to contribute to addressing homelessness in the District;".
(2) Subsection (c) is amended to read as follows:
"(c)(1) All non-government members of the Interagency Council described in subsections (b)(4)-(6A) of this section shall be nominated for appointment by the Mayor and approved by the Council.
"(2) The Mayor shall transmit to the Council nominations of each non-government member of the Interagency Council for a 60-day period of review, excluding days of Council recess. If the Council does not approve or disapprove a nomination by resolution within the 60-day review period, the nomination shall be deemed approved.".
(3) A new subsection (d) is added to read as follows:
"(d) The Interagency Council shall serve as the District's Continuum of Care Governance Board.".
(e) Section 5 (D.C. Official Code § 4-752.02) is amended as follows:
(1) Subsection (b) is amended as follows:
(A) Paragraphs (3) and (4) are amended to read as follows:
"(3) Prepare and submit to the Mayor an annual update based on existing data and community input that reviews the strategic plan, changes in the landscape, and an assessment of the need for services among subpopulations, and that details the resources and strategies needed to support implementation of the strategic plan prepared pursuant to paragraph (2) of this subsection;
"(4) As part of the annual update, review the efforts of each member of the Interagency Council to fulfill the goals and policies of the strategic plan prepared pursuant to paragraph (2) of this subsection;".
(B) Paragraph (5) is repealed.
(C) Paragraph (6) is amended by striking the phrase "and supportive housing facilities" and inserting the phrase "and transitional housing or permanent housing program facilities" in its place.
(D) Paragraph (8) is amended to read as follows:
"(8) Regularly review HMIS data to assess program and system utilization and performance;".
(2) Subsection (c) is amended by striking the phrase "no later than February 1 of" and inserting the phrase "upon release of the proposed annual budget" in its place.
(3) Subsection (d)(3) is amended to read as follows:
"(3) Provide data as requested to the Interagency Council to support system planning and performance evaluation efforts.".
(f) Section 5a (D.C. Official Code § 4-752.02a) is amended as follows:
(1) The section heading is amended by striking the phrase "District by 2020" and inserting the phrase "District by 2022" in its place.
(2) Subsection (a) is amended by striking the phrase "District by 2020" and inserting the phrase "District by 2022" in its place.
(3) Subsection (b)(4) by striking the phrase "District by 2020" and inserting the phrase "District by 2022" in its place.
(g) Section 7 (D.C. Official Code § 4-753.01) is amended as follows:
(1) Subsection (b) is amended as follows:
(A) Paragraph (3) is amended as follows:
(i) The lead-in language is amended by striking the word "housing" and inserting the phrase "emergency housing" in its place.
(ii) Subparagraph (B) is amended by striking the phrase "; and" and inserting a semicolon in its place.
(iii) Subparagraph (C) is amended by striking the semicolon and inserting the phrase "; and" in its place.
(iv) A new subparagraph (D) is added to read as follows:
"(D) Transitional housing for the purpose of providing eligible individuals and families who are homeless with up to 24 months of assistance to prepare them for self-sufficient living in permanent housing.".
(B) Paragraph (4) is amended to read as follows:
"(4) Programs, which may be of short-term or long-term duration, to assist individuals and families who are homeless or at risk of homelessness to obtain and maintain permanent housing, and may include:
"(A) Permanent supportive housing for the purpose of providing eligible individuals and families experiencing chronic homelessness or at risk of experiencing chronic homelessness, with ongoing housing and supportive service; or
"(B) Rapid Re-Housing programs for the purpose of providing housing relocation and stabilization services and time-limited rental assistance to help a homeless individual or family move as quickly as possible into permanent housing and achieve stability in that housing.".
(2) Subsection (c)(3)(B) is amended as follows:
(A) Strike the phrase "may determine whether" and insert the phrase "shall determine that" in its place.
(B) Strike the phrase "domestic violence, sexual assault, or human trafficking" and insert the phrase "domestic violence, sexual assault, human trafficking, refugee status, or asylum" in its place.
(3) Subsection (d) is amended as follows:
(A) Paragraph (3) is amended as follows:
(i) Subparagraph (B) is amended to read as follows:
"(B) For every 2 DC General Family Shelter replacement units, one private, lockable bathroom that includes a toilet, sink, and bathtub shall be accessible to all residents.".
(ii) Subparagraph (C) is repealed.
(B) Paragraph (5) is amended by striking the number "280" and inserting the number "270" in its place.
(3) Subsection (h) is repealed.
(h) Section 7a (D.C. Official Code § 4-753.01a) is repealed.
(i) Section 8 (D.C. Official Code § 4-753.02) is amended as follows:
(1) New subsections (a-2), (a-3), and (a-4) are added to read as follows:
"(a-2) In determining whether an applicant can demonstrate residency pursuant to
"(a-3) If in consideration of the relevant factors, the Department can demonstrate, by clear and convincing evidence, that an applicant is not a resident pursuant to subsection (a)(2) of this section, the Department may determine that the applicant is ineligible to receive services within the Continuum of Care.
"(a-4) If the Mayor determines that an individual or family has an ownership interest in safe housing or is listed on a lease or occupancy agreement for safe housing, the Mayor may presume that the individual or family is not eligible for shelter, unless the individual or family provides credible evidence that the individual or family cannot safely inhabit the housing associated with the lease or occupancy agreement. This presumption shall not apply to individuals or families seeking shelter for reasons of domestic violence, sexual assault, or human trafficking. Additionally, this presumption shall not affect an individual's or family's eligibility for crisis intervention services, including family mediation, conflict resolution, or other family stabilization services.".
(2) A new subsection (b-1) is added to read as follows:
"(b-1)(1)(A) Except as provided in subparagraph (B) of this paragraph, upon receipt of new and relevant information regarding the program eligibility of an individual or family receiving services within the Continuum of Care, the Mayor may redetermine the individual or family's program eligibility; provided, that the Mayor shall not redetermine the program eligibility of an individual or family more than once every 180 days.
"(B) Without limitation, upon receipt of new and relevant information regarding program eligibility related to the age, household composition, an absence of more than 4 consecutive days without good cause (according to a standard established by the Mayor), or identification as a tenant on a residential lease or occupancy agreement of an individual or family receiving services within the Continuum of Care, the Mayor may redetermine the individual or family's program eligibility.
"(2) The Mayor may not determine that an individual or family is ineligible for services within the Continuum of Care pursuant to paragraph (1) of this subsection if the individual or family cannot safely inhabit the housing associated with the lease or occupancy agreement that identifies the individual or family as a tenant.
"(3) An individual or family shall have the right to continue their current services while the Mayor redetermines their eligibility pursuant to this subsection.".
(3) Subsection (c) is amended as follows:
(A) Paragraph (1C) is repealed.
(B) Paragraph (2) is amended to read as follows:
"(2) Families who are eligible for services within the Continuum of Care shall receive appropriate referrals based on the District's centralized or coordinated assessment system protocol, consistent with any additional eligibility requirements established pursuant to
(C) Paragraph (4) is amended by striking the phrase "Notwithstanding paragraph (2) of this subsection, in" and inserting the word "In" in its place.
(4) Subsection (d)(1) is amended to read as follows:
"(d)(1) The Mayor shall operate the HMIS to collect, maintain, and distribute up-to-date information regarding the number of beds or units available in the Continuum of Care and the current usage and unmet demand for such beds and units.".
(j) Section 8a (D.C. Official Code § 4-753.03) is amended as follows:
(1) The section heading is amended by striking the word "establishing" and inserting the word "demonstrating" in its place.
(2) Strike the phrase "grace period to establish" and insert the phrase "grace period from the date of application to demonstrate" in its place.
(k) Section 8b (D.C. Official Code § 4-753.04) is repealed.
(l) Section 8c (D.C. Official Code § 4-753.05) is repealed.
(m) The first section 8d(a) (D.C. Official Code § 4-753.06(a)) is amended to read as follows:
"(a) All permanent supportive housing assistance or placements funded exclusively with non-federal funds shall be awarded to appropriate homeless individuals or families by the Department according to the District's centralized or coordinated assessment system protocol.".
(n) The second section 8d (D.C. Official Code § 4-753.07) is redesignated as section 8e and is repealed.
(o) Section 9(a) (D.C. Official Code § 4-754.11(a)) is amended as follows:
(1) Paragraph (12) is amended to read as follows:
"(12) Participate in developing the client's service or case management plan, assess progress toward the goals of the plan, and review or update the plan on a regular basis (as specified by Program Rules established pursuant to
(2) Paragraph (13)(A) is amended by striking the phrase "licensed social worker" and inserting the phrase "licensed social worker or licensed professional counselor" in its place.
(3) Paragraph (18) is amended by striking the phrase "shelter and supportive housing services" and inserting the phrase "shelter or housing services provided within the Continuum of Care" in its place.
(4) Paragraph (19)(F) is amended by striking the phrase "; and" and inserting a semicolon in its place.
(5) Paragraph (20) is amended by striking the period and inserting the phrase "; and" in its place.
(6) A new paragraph (21) is added to read as follows:
"(21) Associate and assemble peacefully with each other, during reasonable hours as established according to the Program Rules.".
(p) Section 10 (D.C. Official Code § 4-754.12) is amended as follows:
(1) The section heading is amended by striking the phrase "shelter or supportive housing" and inserting the phrase "shelter or transitional housing" in its place.
(2) The lead-in language is amended by striking the phrase "shelter or supportive housing" and inserting the phrase "shelter or transitional housing" in its place.
(q) A new section 10a is added to read as follows:
"Sec. 10a. Additional rights for clients in permanent housing programs.
"Clients residing in permanent housing provided through a permanent housing program shall have the right to:
"(1) Receive visitors in their own housing unit or, if applicable, in the common area designated for such purposes, in accordance with their lease or occupancy agreement;
"(2) Leave and return to their own housing unit at will, in accordance with their lease or occupancy agreement;
"(3) Be free from inspections by any person acting on behalf of a provider or by a District agency administering
"(A) As required as a condition of program participation, but in any case, not more than once per year; or
"(B) Notwithstanding subparagraph (A) of this paragraph, when, in the opinion of the provider, person acting on behalf of the provider, or District agency, there is reasonable cause to believe that the client is in possession of a substance or object that poses an imminent threat to the health and safety of the client or any other person in the client's housing unit, and such reasonable cause is documented in the client's record;
"(4) Reasonable advance notice of any inspection, except in the circumstances described in paragraph (3)(B) of this section;
"(5) Be present or have another adult authorized by the client be present at the time of any inspection, except in the circumstances described in paragraph (3)(B) of this section;
"(6) Be free from drug and alcohol testing, except when the client consents to testing as part of the client's service plan or case management plan;
"(7) Not be responsible for the provider's portion of the housing subsidy while the client is in the permanent housing program;
"(8) Conduct their own financial affairs, subject to the reasonable requirements of Program Rules established pursuant to
"(9) A housing inspection conducted in accordance with the provider's program inspection requirements before moving into a housing unit, with a copy of the inspection report retained in the client's case file.".
(r) Section 11(a)(1) (D.C. Official Code § 4-754.13(a)(1)) is amended by striking the phrase "housing or Housing First" and inserting the phrase "housing according to the Program Rules established by a provider pursuant to section 18" in its place.
(s) Section 12a (D.C. Official Code § 4-754.21a) is amended by striking the phrase "All homeless service workers, including intake workers, shall be trained in cultural competence, including, with regard to the LGBTQ population, the following" and inserting the phrase "All service provider employees, including intake workers, shall be trained in trauma-informed care, civil rights and other legal compliance, conflict resolution, and cultural competence, including, with regard to the LGBTQ population, the following" in its place.
(t) Section 15 (D.C. Official Code § 4-754.24) is amended as follows:
(1) The section heading is amended by striking the phrase "temporary shelter and supportive housing" and inserting the phrase "temporary shelter, transitional housing, and permanent housing programs" in its place.
(2) The lead-in language is amended by striking the phrase "temporary shelter and supportive housing" and inserting the phrase "temporary shelter, transitional housing, and permanent housing programs" in its place.
(3) Paragraph (3) is amended by striking the phrase "temporary shelter or supportive housing" and inserting the phrase "temporary shelter, transitional housing, or permanent housing program facility when all of the units are in one location" in its place.
(4) Paragraph (5) is amended by striking the phrase "shelter or supportive housing" and inserting the phrase "temporary shelter, transitional housing, or permanent housing program" in its place.
(5) Paragraph (8) is amended by striking the phrase "supportive housing and temporary shelters" and inserting the phrase "temporary shelters, transitional housing, and permanent housing programs" in its place.
(u) Section 16a (D.C. Official Code § 4-754.25a) is amended as follows:
(1) The section heading is amended by striking the phrase "shelter or supportive housing" and inserting the phrase "shelter, transitional housing, or permanent housing programs" in its place.
(2) Strike the phrase "shelter or supportive housing" and insert the phrase "shelter, transitional housing, or permanent housing programs" in its place.
(v) Section 19 (D.C. Official Code § 4-754.33) is amended as follows:
(1) Subsection (a) is amended as follows:
(A) Paragraph (1)(B) is amended as follows:
(i) Strike the phrase "written notice of" and insert the phrase "a written copy of" in its place.
(ii) Strike the phrase "the written notice to the client" and insert the phrase "the rules to the client" in its place.
(B) Paragraph (2) is amended by striking the word "notice" both times it appears and inserting the phrase "Program Rules" in its place.
(2) New subsections (c-1) and (c-2) are added to read as follows:
"(c-1)(1) Notwithstanding subsection (c) of this section, when a client has been absent from the temporary shelter or transitional housing provider's premises for more than 4 consecutive days, and the client has not complied with program rules regarding absences, the provider is exempt from the requirement to give oral notice.
"(2) In such instances, written notice shall be mailed via certified mail, return receipt requested, or sent via electronic mail to the client, if the client has provided such contact information to the provider, with a copy provided to the Department for verification of the issuance of notice.
"(3) A copy of the notice shall also be left in the client's unit or at the facility's sign-in location.
"(c-2) Any written notice issued pursuant to subsection (b) or (c) of this section must be mailed or personally served on the client.".
(3) Subsection (d) is amended by striking the phrase "Any notice issued pursuant to subsection (b) or (c) of this section must be mailed or served upon the client and shall include:" and inserting the phrase "Any notice issued pursuant to subsection (b), (c), or (c-1) of this section shall include:" in its place.
(4) A new subsection (d-2) is added to read as follows:
"(d-2) Notwithstanding subsection (c) of this section, providers of medical respite services shall give a client that no longer requires medical respite services oral and written notice that the placement will end at least 24 hours before terminating the placement.".
(w) Section 20 (D.C. Official Code § 4-754.34) is amended as follows:
(1) Subsection (a) is amended as follows:
(A) Paragraph (2) is amended by striking the phrase "; or" and inserting a semicolon in its place.
(B) A new paragraph (2A) is added to read as follows:
"(2A) The client is no longer eligible to receive services from the provider's program, as determined in accordance with
(2) Subsection (b) is amended to read as follows:
"(b)(1) In addition to the circumstances under which a client may be transferred as described in subsection (a) of this section, a provider may transfer a client when:
"(A) A client fails or refuses to comply with the provider's Program Rules and the client responsibilities listed in
"(i) The client has received proper notice of the Program Rules, client responsibilities, and prohibited behaviors, as required by
"(ii) The provider has made a good-faith effort to enable the client to comply with the Program Rules so that the client is able to continue receiving services without a transfer; or
"(B) A provider is unable to continue operating a program due to loss of funding or loss of control of the facility for circumstances beyond the control of the Department.
"(2) A transfer pursuant to paragraph (1)(B) of this subsection shall be to a program with a vacancy that best meets the client's medical, mental health, behavioral, or rehabilitative service needs in accordance with the client's service plans, the District's centralized or coordinated assessment system protocol, and the procedures in this section.".
(x) Section 21(c) (D.C. Official Code § 4-754.35(c)) is amended by striking the phrase "shelter or supportive housing unit" and inserting the phrase "temporary shelter, transitional housing unit, or permanent housing program unit" in its place.
(y) Section 22 (D.C. Official Code § 4-754.36) is amended as follows:
(1) Subsection (a)(2)(F) is amended as follows:
(A) Strike the phrase "or supportive housing that" and insert the word "that" in its place.
(B) Strike the phrase "permanent or supportive" and insert the word "permanent" in its place.
(2) Subsection (b) is amended as follows:
(A) Strike the phrase "an offer of supportive housing" and insert the phrase "an offer of appropriate permanent housing" in its place.
(B) Strike the phrase "2 offers of supportive housing" and insert the phrase "2 offers of appropriate permanent housing" in its place.
(C) Strike the phrase "permanent or supportive housing" and insert the phrase "permanent housing" in its place.
(z) Section 22a (D.C. Official Code § 4-754.36a) is amended as follows:
(1) The section heading is amended by striking the phrase "supportive housing services" and inserting the phrase "permanent supportive housing" in its place.
(2) Subsection (a) is amended as follows:
(A) The lead-in language is amended by striking the phrase "supportive housing services" and inserting the phrase "permanent supportive housing" in its place.
(B) Paragraph (3) is amended by striking the phrase "supportive housing services" and inserting the phrase "permanent supportive housing" in its place.
(C) Paragraph (4) is amended by striking the phrase "supportive housing" and inserting the phrase "permanent supportive housing" in its place.
(3) Subsection (b) is amended by striking the phrase "supportive housing" and inserting the phrase "permanent supportive housing" in its place.
(4) Subsection (c) is amended to read as follows:
"(c) A client whose permanent supportive housing is discontinued pursuant to this section shall have the right to be re-housed in accordance with the District's centralized or coordinated assessment system protocol; provided, that the client continues to meet the eligibility criteria for the program.".
(aa) A new section 22b is added to read as follows:
"Sec. 22b. Program exits.
"(a) A provider may exit a client from a housing program only when:
"(1)(A) The housing program is provided on a time-limited basis, and the client's time period for receiving services has run;
"(B) The Mayor determines that the client cannot be recertified to continue receiving services; and
"(C) The client was assigned to the provider for substantially all of the client's time in the housing program; or
"(2) Pursuant to
"(b)(1) A provider exiting a client from a program shall provide the client oral and written notice of the program exit at least 30 days before the effective date of the program exit.
"(2) Written notice issued pursuant to this subsection shall conform to the requirements of notice issued pursuant to
"(c) Any client who requests a fair hearing within 15 days of receipt of notice of a program exit shall continue to remain in the housing program pending a final decision from the fair hearing proceedings.
"(d) A program exit is not considered a termination of services pursuant to
(bb) Section 24 (D.C. Official Code § 4-754.38) is amended as follows:
(1) Subsection (a) is amended as follows:
(A) Strike the phrase "immediately transfer" and insert the word "transfer" in its place.
(B) Strike the phrase "terminate the client" and insert the phrase "terminate the client within 24 hours of the imminent threat" in its place.
(2) Subsection (c) is amended by striking the phrase "shelter or supportive housing services" and inserting the phrase "shelter or housing services provided within the Continuum of Care" in its place.
(3) A new subsection (f) is added to read as follows:
"(f)(1) In addition to the circumstances described in subsection (a) of this section, the Department or a provider may effect an emergency transfer of a client:
"(A) In the case of the loss of a unit that is beyond the control of the Department or provider, such as a fire or other unexpected catastrophic loss or damage to the unit; or
"(B) When a client's continued presence at a shelter location materially impairs a provider's ability to provide services to other clients at the location.
"(2) The requirements of subsections (b) through (e) of this section shall apply to any client transferred pursuant to paragraph (1)(B) of this subsection.".
(cc) Section 26 (D.C. Official Code § 4-754.41) is amended as follows:
(1) Subsection (a) is amended by striking the phrase "adverse action" and inserting the phrase "adverse action; provided, that, when written notice is given pursuant to
(2) Subsection (b)(2) is amended as follows:
(A) Subparagraph (D) is amended by striking the phrase "; or" and inserting a semicolon in its place.
(B) A new subparagraph (F) is added to read as follows:
"(F) Exit the client from a housing program; or"
(3) Subsection (d) is amended by striking the phrase "shelter or supportive housing" wherever it appears and inserting the phrase "shelter or housing services provided within the Continuum of Care" in its place.
(4) Subsection (f) is amended as follows:
(A) Paragraph (3)(D) is amended by striking the phrase "; and" and inserting a semicolon in its place.
(B) Paragraph (4)(B) is amended by striking the period and inserting the phrase "; and" in its place.
(C) A new paragraph (5) is added to read as follows:
"(5) For a fair hearing requested from the Office of Administrative Hearings pursuant to subsection (b)(2)(F), review shall be limited to evidence pertaining to factors the provider or the Mayor was permitted to consider, by
(dd) Section 27(c) (D.C. Official Code § 4-754.42(c)) is amended by striking the phrase "on proper notice to all parties," and inserting the phrase "if emergency relief is requested and on proper notice to all parties," in its place.
(ee) Section 27a (D.C. Official Code § 4-754.51) is amended as follows:
(1) The section heading is amended by striking the phrase "Office of Shelter Monitoring" and inserting the phrase "Shelter Monitoring Unit" in its place.
(2) The section text is amended by striking the phrase "an Office of Shelter Monitoring" and inserting the phrase "a Shelter Monitoring Unit" in its place.
(ff) Section 27b (D.C. Official Code § 4-754.52) is amended as follows:
(1) The section heading is amended by striking the word "Office" and inserting the phrase "Shelter Monitoring Unit" in its place.
(2) Subsection (a) is amended as follows:
(A) The lead-in language is amended by striking the word "Office" and inserting the phrase "Shelter Monitoring Unit ("Unit")" in its place.
(B) Paragraph (2) is amended by striking the word "Policies" and inserting the phrase "Existence of, content of, and notice to clients of policies" in its place.
(C) Paragraph (5) is amended as follows:
(i) Strike the phrase "Respect for" and insert the phrase "Compliance with" in its place.
(ii) Strike the semicolon at the end and insert the phrase "; and" in its place.
(D) Paragraph (6) is amended by striking the semicolon at the end and inserting a period in its place.
(E) Paragraphs (7), (8), and (9) are repealed.
(3) A new subsection (a-1) is added to read as follows:
"(a-1) The Unit shall perform the monitoring tasks in subsection (a) of this section, using client surveys and interviews, staff interviews, and shelter site visits.".
(4) Subsections (b) through (g) are amended by striking the word "Office" wherever it appears and inserting the word "Unit" in its place.
(5) Subsection (b) is amended by striking the phrase "shall conduct inspections" and inserting the phrase "shall conduct announced and unannounced inspections in accordance with the policies and procedures described in section 27f" in its place.
(6) Subsection (c) is amended by striking the phrase "or with other requirements or agreements." and inserting the phrase ", in accordance with the policies and procedures described in section 27f." in its place.
(7) Subsection (h) is amended as follows:
(A) Strike the phrase "The Office" and insert the phrase "Every provider within the Continuum of Care" in its place.
(B) Strike the phrase "its contact" and insert the phrase "the Unit's contact" in its place.
(gg) Section 27c (D.C. Official Code § 4-754.53) is amended as follows:
(1) Subsection (a) is amended by striking the word "Office" and inserting the phrase "Shelter Monitoring Unit ("Unit")" in its place.
(2) Subsection (b) is amended as follows:
(A) Strike the word "Office" both times it appears and insert the word "Unit" in its place.
(B) Strike the phrase "all members of the Interagency Council" and insert the phrase "the Director to End Homelessness" in its place.
(3) Subsection (c) is amended to read as follows:
"(c) The Unit shall issue an annual report, which shall include a summary of the quality and compliance of the shelters it has monitored and an analysis of the trends it has identified in the course of its monitoring efforts.".
(hh) Section 27d (D.C. Official Code § 4-754.54) is amended as follows:
(1) Subsection (a) is amended by striking the word "Office" and inserting the phrase "Shelter Monitoring Unit ("Unit")" in its place.
(2) Subsections (b) and (c) are amended by striking the word "Office" both times it appears and inserting the word "Unit" in its place.
(ii) Section 27e (D.C. Official Code § 4-754.55) is amended as follows:
(1) The first sentence is amended by striking the word "Office" and inserting the phrase "Shelter Monitoring Unit ("Unit")" in its place.
(2) The second sentence is amended by striking the phrase "Office shall" and inserting the phrase "Unit shall" in its place.
(jj) Section 27f (D.C. Official Code § 4-754.56) is amended as follows:
(1) The section heading is amended by striking the phrase "Policies and procedures" and inserting the phrase "Annual monitoring strategy" in its place.
(2) The first sentence is amended to read as follows:
"The Shelter Monitoring Unit, with the approval of the Mayor, shall adopt an annual monitoring strategy, which shall include policies and procedures for inspections, procedures for identifying and curing deficiencies, and procedures for taking enforcement actions against providers in violation of the standards of this act.".
(kk) Section 28 (D.C. Official Code § 4-755.01) is amended as follows:
(1) Subsection (c) is amended as follows:
(A) Paragraph (1) is amended by striking the word "grant" both times it appears and inserting the phrase "grant or contract" in its place.
(B) Paragraph (2) is amended as follows:
(i) The lead-in language is amended as follows:
(I) Strike the word "grant" and insert the phrase "grant or contract" in its place.
(II) Strike the word "grantees" and insert the phrase "grantees or contractors" in its place.
(ii) Subparagraph (C) is amended by striking the word "grants" and inserting the phrase "grants or contracts" in its place.
(C) Paragraph (3) is amended by striking the word "grant" and inserting the phrase "grant or contract" in its place.
(2) Subsection (d) is amended as follows:
(A) Paragraph (2) is amended by striking the word "grants" and inserting the phrase "grants or contracts" in its place.
(B) Paragraph (3) is amended by striking the word "grants" both times it appears and inserting the phrase "grants or contracts" in its place.
(C) Paragraph (4) is repealed.
(ll) A new section 29a is added to read as follows:
"Sec. 29a. Medical respite services; exemptions.
"(a) A medical respite service provider's decision to terminate, suspend, or transfer a client receiving medical respite services because the client no longer requires such services shall be based on the determination of a licensed medical professional.
"(b) Before transferring, suspending, or terminating a client from medical respite services for non-medical reasons, the provider shall consult with a licensed medical professional.
"(c) Section
(mm) Section 30(c) (D.C. Official Code § 4-756.01(c)) is repealed.
(nn) A new section 31d is added to read as follows:
"Sec. 31d. Annual Rapid Re-Housing report.
"(a) Beginning February 1, 2019, and annually thereafter, the Mayor shall submit a report to the Council that shall include the following information:
"(1) The number of individuals and families participating in the Rapid Re-Housing program;
"(2) The number of individuals and families that have exited from the Rapid Re-Housing program, disaggregated by reason for exit and date of entrance into the program;
"(3) The incomes of individuals and families at the time of entry into the Rapid Re-Housing program and at the time of exit;
"(4) The average monthly rent paid for individuals and families participating in the Rapid Re-Housing program;
"(5) The average portion of the monthly rent that individuals and families are responsible for;
"(6) The ratio of case managers to program participants;
"(7) The number of times a Rapid Re-Housing participant paid their portion of the rent late;
"(8) The number of individuals and families evicted from their housing unit during their participation in the Rapid Re-Housing program.
"(9) The number of individuals and families that have moved into permanent housing;
"(10) The number of individuals and families evicted from permanent housing, to the extent the information is available:
"(A) Six months after exiting the Rapid Re-Housing program;
"(B) Twelve months after exiting the Rapid Re-Housing program;
"(C) Eighteen months after exiting the Rapid Re-Housing program; and
"(D) Twenty-four months after exiting the Rapid Re-Housing program; and
"(11) An individual or family's rent burden in permanent housing:
"(A) At the time of program exit;
"(B) Six months after exiting the Rapid Re-Housing program;
"(C) Twelve months after exiting the Rapid Re-Housing program;
"(D) Eighteen months after exiting the Rapid Re-Housing program; and
"(E) Twenty-four months after exiting the Rapid Re-Housing program.
"(b) To the extent the Department of Human Services is not able to collect the information required pursuant to subsection (a)(10) and (11) of this section, the Department shall collect representative data by conducting surveys of sample populations of individuals and families that possess the characteristics described in subsection (a)(10) and (11) of this section and by cross-checking Rapid Re-Housing participant data against other data that are publically available or to which the Department has access, including court records and applications for public assistance.".
(oo) A new section 31e is added to read as follows:
"Sec. 31e. Voluntary program for former Rapid Re-Housing participants.
"(a) The Department of Human Services shall establish a program to support housing stability for individuals and families exiting the Rapid Re-housing program that:
"(1) Establishes a strategy for housing stability for each participating individual and family;
"(2) Proactively links participating individuals and families to community resources, including the TANF Employment Program, mental health services, and food assistance, within 3 business days of their exit from the Rapid Re-Housing program; and
"(3) Provides monthly life skills sessions that include information on financial literacy, counseling, community resources, and permanent housing.
"(b) Participation in the program shall be voluntary.".
Sec. 3. Section 5112(b) of the Homeless Prevention Program Establishment Act of 2014, effective February 26, 2015 (D.C. Law 20-155; D.C. Official Code § 4-771.01(b)), is amended as follows:
(a) Strike the phrase "may contract" and insert the phrase "may contract or enter into a grant agreement" in its place.
(b) Strike the phrase "to contract" and insert the phrase "to contract or enter into a grant agreement" in its place.
Sec. 4. Repealer.
The Medical Respite Services Exemption Emergency Amendment Act of 2017, effective November 29, 2017 (D.C. Act 22-195; 64 DCR 12407), and the Medical Respite Services Exemption Temporary Amendment Act of 2017, enacted on December 7, 2017 (D.C. Act 22-199; 64 DCR 12549), shall be repealed upon the effective date of this act.
Sec. 5. Applicability.
(a) Section 2(nn) and (oo) shall apply upon the date of inclusion of their fiscal effect in an approved budget and financial plan.
(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan, and provide notice to the Budget Director of the Council of the certification.
(c)(1) The Budget Director shall cause the notice of the certification to be published in the District of Columbia Register.
(2) The date of publication of the notice of the certification shall not affect the applicability of this act.
Sec. 6. 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. 7. Effective date.
This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), 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)), and publication in the District of Columbia Register.
