DC At Issue - October 2022

October 14, 2022

Multifamily/Commercial

Council Holds Hearing on Booting & Impoundment Reform Amendment Act

On October 5, the Council’s Committee on Transportation & the Environment held a public hearing on B24-949, the Booting & Impounding Reform Amendment Act of 2022”, introduced by Councilwoman Cheh (D-Ward 3). The bill would give the Department of Public Works (DPW) the authority to enter private commercial garages and parking lots to boot eligible vehicles parked in those areas. Under District law, a vehicle is boot-eligible if it has two or more unsatisfied parking or photo enforcement tickets over 60 days old. In addition, garage and lot owners would be forced to collect and submit license plate numbers of vehicles on short or long-term parking agreements to DPW. The legislation would also require DPW to implement a real-time boot crew alert system, alter their standard routes to boot or impound vehicles, and require the Agency to publish an annual report on its booting and impounding efforts.

AOBA provided comments in opposition to the legislation, along with a coalition of business groups that includes the Washington Parking Association, the DC Chamber of Commerce, the DC Building Industry Association (DCBIA) & the Washington Hospital Association. The business coalition raised concerns about the constitutionality of the government entering private property to boot vehicles and the need for clarity surrounding how license plate information collected by DPW would be used. Additional concerns include government interference with private contracts, current industry standards not requiring the collection of vehicle license plates, and the undue burden that this legislation would place on owners and operators of parking facilities.

Members with questions about the bill or who would like to submit comments for the public record before it closes on Wednesday, October 19 should contact Eric J. Jones, MSF – VP of Government Affairs, DC Commercial.

Bill to Require Bird-Friendly Building Design Receives Hearing

On Friday, October 21, the Council’s Committee of the Whole (COW) will hold a hearing on B24-710, the “Migratory Local Wildlife Protection Act of 2022”. The legislation was drafted by Councilwoman Mary Cheh and co-introduced with Councilmembers Allen, Bonds, Lewis George & Pinto in March of this year in response to 4,500 birds colliding into glass buildings since 2012. For context, that equates to 375 birds a year.

The legislation would mandate that all new budling construction or improvements to the façade of a building’s exterior wall and other elements use bird-friendly materials by January 1, 2023. Moreover, any new building permit for commercial or multi-family residential buildings would be contingent upon using bird-friendly materials up to 100 feet above grade. The Department of Buildings (DOB) would work with the Department of Energy & Environment (DOEE) to issue regulations and establish a “Bird Friendly Building Fund” to support building owners with compliance.

AOBA and the DC Building Industry Association (DCBIA) have begun to raise concerns about the definition of substantial improvements, the cost associated with the regulations, and the compliance timeline. In general, the legislation is a broad overreach considering the relatively small number of bird deaths over the last several years and the size of the migratory bird population that travels through the District.

Both AOBA & DCBIA are registered to testify on these issues. Members with questions or comments should contact Eric J. Jones, MSF – VP of Government Affairs, DCCommercial.

Council to Hold Hearing on the CLEAN Collections Amendment Act

On Friday, October 21, the Council’s Committee of the Whole (COW) will hold a hearing on B24-707, the “Containing Litter & Ensuring Adequate Neighborhood (CLEAN) Collections Amendment Act of 2022. The legislation was drafted and introduced by Councilwoman Lewis-George (D-Ward 4) in response to trash overflow in apartment communities creating unsanitary conditions that attracted rodents and other vermin during the pandemic. The bill would address this problem by requiring private solid waste collectors to collect trash at least twice a week and supply properties with solid waste containers that can store 32 gallons of solid waste per residential unit.

AOBA previously met with the Councilwoman’s legislative staff to express concerns about the $500 civil penalty against service providers who don’t comply with the new standard. Staff also shared concerns about the ability to house such large waste receptacles on site and the increased amount of trash that accumulates due to illegal dumping in residential areas. Members interested in testifying or providing feedback on the bill should contact Eric J. Jones, MSF – VP of Government Affairs, DC Commercial by COB on Wednesday, October 19.

Multifamily

Flawed Rapid Re-Housing Program Set for Reform

The District's Rapid Re-Housing Program (RRH) provides a short-term temporary housing subsidy for 12 months to individuals and families experiencing homelessness, with the opportunity for an extension. The overall purpose of this subsidy is to help program participants find affordable permanent housing. However, the program suffers from a significant flaw in that participants are not connected to subsequent housing assistance programs upon the termination of the subsidy, creating a cliffhanger effect where previous recipients often find themselves unable to afford shelter. According to the Washington Legal Clinic for the Homeless, only 3% of families in rapid rehousing can afford rent without further assistance once their subsidy expires.

The Council is looking to rectify this problem. On Thursday, October 20, the Council's Committee on Human Services will hold a hearing on B24-893, the "Rapid Re-Housing Reform Amendment Act of 2022". The legislation would reform the District's RRH Program to ensure that individuals and families do not pay more than 30% of their income toward rent. It would also require the Mayor to determine if RRH participants are eligible for longer-term housing, including the Permanent Supportive Housing Program or Targeted Affordable Housing Program, within the first six months of enrollment. Participants enrolled the longest in rapid rehousing and are the closest to the termination of their subsidy would be prioritized first. As a result, the bill would create a process for connecting participants to subsequent subsidy programs to maintain their housing stability.

However, the legislation would also make case management optional instead of mandatory, continuing the District's hands-off approach to wrap around services, which some portion of the homeless population undoubtedly requires.

AOBA is looking for member feedback on the bill. Members with questions or comments should contact Katalin Peter, Esq – VP of Government Affairs, DC Multi-Family.

DHCD Develops and Releases Streamlined TOPA Forms with Input from AOBA

After receiving critical feedback on the nature of TOPA Form releases, the Department of Housing and Community Development turned to AOBA Government Affairs staff and our attorney members for ways to streamline their latest Tenant Opportunity to Purchase Act (TOPA) form update.

Ashley C. Haun of Lerch, Early & Brewer, and Jennifer Weissman Jette of Friedlander Misler contributed to the form revisions, urging DHCD to make the instructions clearer and more concise. AOBA also asked the agency to account for new District Opportunity to Purchase (DOPA) rules in the forms to eliminate confusion between TOPA and DOPA. Members can view the updated Form A and instructions below. They will also be available on DHCD’s website at https://dhcd.dc.gov/page/rental-conversion-and-sale-forms.

DHCD will provide AOBA members with an exclusive webinar on the new changes in the coming weeks. Staff will pass along information on that webinar via connect. If you have additional questions or feedback, please email Katalin Peter, Esq. – VP of Government Affairs, DC Muti-Family.

In the Media

Coverage Synopsis

The Tenant Opportunity to Purchase Act (TOPA) is nominally a housing affordability and retention program, and renter advocates strongly contend it is necessary. However, its history has shown it doesn’t preserve naturally occurring affordable housing at anywhere near the rate to earn that title. Instead, the program is far better at producing adverse outcomes, in particular by holding up real estate transactions and killing agreements by allowing tenants without the requisite capital the opportunity to buy a property outright.

You can add encouraging fraud to the list. On Monday, Bisnow reported an FBI agent and a D.C. developer were found guilty of bribing a District employee to provide them names of properties going up for sale through TOPA. Having the list of names, and access to government databases, allowed the pair to find and buy the rights of first refusal of renters at these properties and flip them for profit.

The story presents an opportunity for the industry to highlight the poor design and ineffectiveness of TOPA. The program fails at creating significant retention of naturally occurring affordable housing, stalls and kills property transactions, and leaves the door open to fraud and abuse. What a great policy…

Bisnow – FBI Agent, D.C. Developer Found Guilty Of Bribery In Affordable Housing Scheme