WASA Proposes Changes to Impervious Area Charge, Other Rates

The DC Water and Sewer Authority’s (WASA) Board adopted several proposed changes to the impervious surface area charge (IAC) and other rates at its January and February meetings. First, the Board approved a decision by its Retail Rates Committee to submit, for public comment, a proposal to adopt a tiered rate structure for certain residential customers, to take the place of the flat, uniform fee they currently pay. Read more

Budget Oversight Season in DC

Budget-focused performance oversight hearings are scheduled to begin at Council later this month, followed by hearings on the Mayor’s proposed FY 2011 budgets for D.C. agencies. Like other jurisdictions, the District is not immune from the ongoing changes in the economy, and Mayor Adrian Fenty will reportedly ask for a $100 million reduction in spending by District agencies; Council Chair Vincent Gray (D-At Large) has reportedly asked Council Committee Chairs to similarly consider reductions to agency budgets. Read more

Fire Safety Changes for Multifamily Buildings to Take Effect February 17

On February 2, the Council adopted B18-636, the “Fire Alarm Notice and Tenant Fire Safety Congressional Review Emergency Amendment Act of 2010.” The emergency legislation mirrors the language in Bill 18-178, the "Fire Alarm Notice and Tenant Fire Safety Amendment Act of 2009” which is scheduled to take effect on March 10, 2010. The Council’s recent action means that the changes to the fire safety requirements will now take effect on February 17, 2010. For a complete summary of the upcoming changes, please see the January D.C. edition of At Issue.

Council Considers More Changes to Rental Housing Laws

Two new bills have recently been introduced that affect rental housing providers:

Bill 18-548, the “Rent Increase Amendment Act of 2009”

B18-598, “Tenant Organization Petition
Standing Amendment Act of 2009”

Read more

WASA Proposes Changes to Impervious Area Charge, Other Rates

The DC Water and Sewer Authority’s (WASA) Board adopted several proposed changes to the impervious surface area charge (IAC) and other rates at its January and February meetings. First, the Board approved a decision by its Retail Rates Committee to submit, for public comment, a proposal to adopt a tiered rate structure for certain residential customers, to take the place of the flat, uniform fee they currently pay. These customers include: (1) condominium or apartment units where each unit is served by a separate line and is individually metered; (2) multifamily structures of less than four units, where all units are served by a single service line that is master-metered; and (3) single-family dwellings. While this change, if adopted, will not directly affect AOBA members’ properties, it should do so indirectly: many of the flat-rate residential customers are undoubtedly under-contributing, a benefit which should cease when WASA assesses all properties, regardless of class or type, based on their actual amount of impervious area.

Of greater importance to AOBA members, the Board has proposed changes to all of its rates for FY 2011 which, if adopted, would become effective on October 1, 2010. While the proposed rate changes will be not published in the DC Register until later this year, we have included a chart below with the information that is currently available. Please recall that, in regard to the IAC, AOBA members (multifamily and commercial) and other large customers are billed based on the number of “Equivalent Residential Units” (ERUs) of impervious area at the property, and that one ERU equals 1,000 square feet;  WASA calculates the IAC to the closest 100 square feet. AOBA will follow up with an Action Alert to members, once the proposed increases for FY 2011 have been made official through Register publication.

Future proposed increases to the IAC: The information below is from a chart, prepared by WASA when it first implemented the IAC in 2009, which indicates the out-year increases to the IAC which WASA was projecting at that time. The increases, as proposed by WASA in 2009, are highlighted in blue, and the billing examples are based on a building with 50,000 square feet of impervious surface area. The increases projected in 2009 were already substantial; however, as can be seen above, WASA is now proposing an IAC charge for FY 2011 ($3.45/mo. per ERU) that is much higher than what it had identified in 2009. WASA has not provided an update of its projections for FY 2012-2017, but AOBA will be pressing it to do so.

• Fact Sheet: DC WASA Board-Approved Budget 2011
• DC WASA Board Resolution for Proposed Implementation of the IAC Six-Tier Residential Rate Structure for Fiscal Year 2011.

Budget Oversight Season in DC

Budget-focused performance oversight hearings are scheduled to begin at Council later this month, followed by hearings on the Mayor’s proposed FY 2011 budgets for D.C. agencies. Like other jurisdictions, the District is not immune from the ongoing changes in the economy, and Mayor Adrian Fenty will reportedly ask for a $100 million reduction in spending by District agencies; Council Chair Vincent Gray (D-At Large) has reportedly asked Council Committee Chairs to similarly consider reductions to agency budgets. Given the current budget climate, the Council is certain to carefully scrutinize agency performance during the FY 2010 year.

The performance oversight hearing schedule appears below, and AOBA members are asked to provide us the following information, based on your experiences with D.C. agencies:

1. Identify any concerns regarding the agency’s performance. For example, with respect to DCRA, are there ongoing issues with elevator licenses?
2. Identify any areas of improvement in the agency’s performance

Any AOBA member interested in testifying regarding a particular agency should contact Nicola Whiteman at nwhiteman@aoba-metro.org or (2020 296-3390.

COUNCIL HEARING SCHEDULE

Fire Safety Changes for Multifamily Buildings to Take Effect February 17

On February 2, the Council adopted B18-636, the “Fire Alarm Notice and Tenant Fire Safety Congressional Review Emergency Amendment Act of 2010.” The emergency legislation mirrors the language in Bill 18-178, the "Fire Alarm Notice and Tenant Fire Safety Amendment Act of 2009” which is scheduled to take effect on March 10, 2010. The Council’s recent action means that the changes to the fire safety requirements will now take effect on February 17, 2010. For a complete summary of the upcoming changes, please see the January D.C. edition of At Issue.

Council Considers More Changes to Rental Housing Laws

Two new bills have recently been introduced that affect rental housing providers:

Bill 18-548, the “Rent Increase Amendment Act of 2009”
Introducer: Barry Sponsors: Cheh, Graham, Thomas, Mendelson, Alexander, MBrown, KBrown, Evans, Gray Committee: Housing and Workforce Development

The bill proposes to eliminate the ability to conditionally implement a rent increase requested in a hardship petition. Councilmember Barry introduced the bill at the request of a tenant advocacy group. The HWD Committee, which he chairs, has not taken any action on the bill, but is considering holding a hearing near the end of the month. Two D.C. Court of Appeals decisions from early in the history of rent control have identified legal problems that arise when a housing provider is not permitted to take a hardship increase before a hardship petition has been decided. There is, thus, considerable legal question as to whether the Council should proceed with this bill.

B18-598, “Tenant Organization Petition Standing Amendment Act of 2009”
Introducer: Graham Co-Sponsors: Mendelson, Brown, Thomas
Committee: Housing and Workforce Development

Bill 18-598 proposes to amend the Rental Housing Act of 1985 to grant tenant organizations standing to represent tenants in any type of petition proceeding, whether initiated by or against a housing provider, where the tenant authorizes the tenant organization to do so. The Committee is expected to schedule a hearing on this bill before the end of the month.