Bill Summary – FastDemocracy

ENROLLED ORIGINAL

                                            AN ACT

                                          __________

                   IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

                                    ____________________

To amend the Fiscal Year 2024 Budget Support Act of 2024, the Fiscal Year 2024 Revised Local

      Budget Act of 2024, and the Fiscal Year 2024 Budget Support Emergency Act of 2024 to

      amend the Homeless Services Reform Act of 2005 to establish grounds for an extension

      to the Family Re-Housing Stabilization Program, and, subject to available funding, to

      require the Department of Human Services, or its designee, to thoroughly consider the

      totality of a participant's circumstances, including the participant’s progress and

      eligibility for affordable housing.

       BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this

act may be cited as the “Family Re-Housing Stabilization Program Protection Emergency

Amendment Act of 2024”.

       Sec. 2. Section 5062(a) of the Fiscal Year 2025 Budget Support Act of 2024, passed on

2nd reading on June 25, 2024 (Enrolled version of B25-784), is amended to read as follows:

        “(a) Section 7(b)(4)(B) of the Homeless Services Reform Act of 2005, effective October

22, 2005 (D.C. Law 16-35; D.C. Official Code § 4–753.01(b)(4)(B)), is amended as follows:

               “(1) The existing text is designated as sub-subparagraph (i).

               “(2) New sub-subparagraphs (ii), (iii), and (iv) are added to read as follows:

                              “(ii) Notwithstanding any other law; provided, that funding is

available within the Family Re-Housing Stabilization Program (“FRSP”) to implement this sub-

subparagraph and sub-subparagraphs (iii) and (iv) of this subparagraph, the Department, or the

Department’s designee, shall consider requests for FRSP assistance extending past 12 months if:

                                          “(I) The participant has requested an extension in

writing;

                                           “(II) The participant has made a good faith effort

towards the achievement of goals set forth in an individualized plan with the aim of a targeted

progression towards exit from the supports of FRSP, as observed by the service provider at

consistent intervals, but cannot yet sustain housing stability independently of FRSP; and

                                         “(III) The participant has not yet been approved for

permanently affordable housing.

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                                “(iii) When making a determination of whether to grant a

participant in FRSP an extension beyond 12 months, the Department, or the Department's

designee, shall:

                                         “(I) Consider the totality of the circumstances; and

                                         “(II) Grant extensions of time in increments not greater

than 6 months with regular formal reviews every 3 months to ensure that participants are given

the support necessary to exit FRSP with stable housing.

                                  “(iv) If a requested extension of FRSP assistance by a

participant is denied, the participant shall be given 30 days written notice prior to the final

subsidy payment explicitly setting forth the reason for the denial of additional assistance and

inform the participant that the participant has a right to:

                                         “(I) Appeal the determination through a fair hearing

and administrative review, including deadlines for requesting an appeal; and

                                         “(II) The continuation of FRSP services pending the

outcome of any fair hearing requested within 15 days of receipt of a written notice of a

termination.”.

        Sec. 3. Section 11(a) of the Fiscal Year 2024 Revised Local Budget Adjustment

Emergency Act of 2024, enacted on July 8, 2024 (D.C. Act 25-499; 71 DCR ___), is amended to

read as follows:

        “(a) Section 7(b)(4)(B) of the Homeless Services Reform Act of 2005, effective October

22, 2005 (D.C. Law 16-35; D.C. Official Code § 4–753.01(b)(4)(B)), is amended as follows:

                “(1) The existing text is designated as sub-subparagraph (i).

                “(2) New sub-subparagraphs (ii), (iii), and (iv) are added to read as follows:

                               “(ii) Notwithstanding any other law; provided, that funding is

available within the Family Re-Housing Stabilization Program (“FRSP”) to implement this sub-

subparagraph and sub-subparagraphs (iii) and (iv) of this subparagraph, the Department, or the

Department’s designee, shall consider requests for FRSP assistance extending past 12 months if:

                                         “(I) The participant has requested an extension in writing;

                                         “(II) The participant has made a good faith effort towards

the achievement of goals set forth in an individualized plan with the aim of a targeted

progression towards exit from the supports of FRSP, as observed by the service provider at

consistent intervals, but cannot yet sustain housing stability independently of FRSP; and

                                         “(III) The participant has not yet been approved for

permanently affordable housing.

                               “(iii) When making a determination of whether to grant a

participant in FRSP an extension beyond 12 months, the Department, or the Department's

designee, shall:

                                        “(I) Consider the totality of the circumstances; and

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                                          “(II) Grant extensions of time in increments not greater

than 6 months with regular formal reviews every 3 months to ensure that participants are

given the support necessary to exit the program with stable housing.

                                 “(iv) If a requested extension of FRSP assistance by a participant is

denied, the participant shall be given 30 days written notice prior to the final subsidy payment

explicitly setting forth the reason for the denial of additional assistance and inform the

participant that the participant has a right to:

                                          “(I) Appeal the determination through a fair hearing and

administrative review, including deadlines for requesting an appeal; and

                                         “(II) The continuation of FRSP services pending the

outcome of any fair hearing requested within 15 days of receipt of a written notice of a

termination.”.

        Sec. 4. Sec. 5062(a) of the Fiscal Year 2024 Budget Support Emergency Act of 2024,

passed on emergency basis June 25, 2024 (Enrolled version of B25-875), is amended to read as

follows:

        “(a) Section 7(b)(4)(B) of the Homeless Services Reform Act, effective October 22,

2005 (D.C. Law 16-35; D.C. Official Code § 4–753.01(b)(4)(B)), is amended as follows:

                “(1) The existing text is designated as sub-subparagraph (i).

                “(2) New sub-subparagraphs (ii), (iii), and (iv) are added to read as follows:

                                “(ii) Notwithstanding any other law; provided, that funding is

available within the Family Re-Housing Stabilization Program (“FRSP”) to implement this

sub-subparagraph and sub-subparagraphs (iii) and (iv) of this subparagraph, the Department of

Human Services, or the Department’s designee, shall consider requests for FRSP assistance

extending past 12 months if:

                                            “(I) The participant has requested an extension in

writing;

                                            “(II) The participant has made a good faith effort

towards the achievement of goals set forth in an individualized plan with the aim of a targeted

progression towards exit from the supports of FRSP, as observed by the service provider at

consistent intervals, but cannot yet sustain housing stability independently of FRSP; and

                                           “(III) The participant has not yet been approved for

permanently affordable housing.

                              “(iii) When making a determination of whether to grant a

participant in FRSP an extension beyond 12 months, the Department, or the Department's

designee, shall:

                                            “(I) Consider the totality of the circumstances; and

                                            “(II) Grant extensions of time in increments not greater

than 6 months with regular formal reviews every 3 months to ensure that participants are given

the support necessary to exit FRSP with stable housing.

                            “(iv) If a requested extension of FRSP assistance by a

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participant is denied, the participant shall be given 30 days written notice prior to the final

subsidy payment explicitly setting forth the reason for the denial of additional assistance and

inform the participant that the participant has a right to:

                                        “(I) Appeal the determination through a fair hearing

and administrative review, including deadlines for requesting an appeal; and

                                        “(II) The continuation of FRSP services pending the

outcome of any fair hearing requested within 15 days of receipt of a written notice of a

termination.”.

       Sec. 5. Fiscal impact statement.

       The Council adopts the fiscal impact statement of the Budget Director 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. 6. 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), and shall remain in effect for no longer than

90 days, as provided for emergency acts of the Council of the District of Columbia in section

412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788;

D.C. Official Code § 1150 204.12(a)).

               ______________________________

               Chairman

               Council of the District of Columbia

_________________________________

Mayor

District of Columbia

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