A second amendment to the Washington, D.C. 2005 Homeless Services Reform Act.

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_______________________1
Councilmember Jim Graham2
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A BILL5
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA10
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Councilmember Jim Graham introduced the following bill which was referred to ________.14
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To amend the Homeless Services Reform Act of 2005 by amending the definitions of16
“homeless” and “transitional housing,” adding the terms “Provider premises”,17
“Provisional Placement Status”, and “Rapid Re-housing” as well as their respective18
definitions, to clarify that transitional housing is for up to two years, to give the Mayor19
the authority to require homeless services clients to establish and contribute to savings20
and escrow accounts and to draft corresponding rules, to authorize the Department or its21
designee to place homeless services clients in Provisional Placement Status while it22
determines eligibility and priority, and to allow for the discharge of services when a23
homeless services client is absent due to relocation to other program or facility, abandons24
his or her unit, or receives services for the length of the program.25
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this27
act may be cited as the “Homeless Services Reform Amendment Act of 2013”.28
Sec. 2. The Homeless Services Reform Act of 2005, effective October 22, 2005 (D.C.29
Law 16-35; D.C. Official Code § 4-751.01 et seq.), is amended as follows:30
(a) Section 2 (D.C. Official Code § 4-751.01) is amended as follows:31
(1) Paragraph 18(A) is amended by inserting the phrase, “including any individual32
or family who is fleeing, or is attempting to flee, domestic violence and who has no other33
residence and lacks the resources or support networks to obtain safe housing” after the phrase,34
“immediately,”.35
(2) A new paragraph (30A) is added to read as follows:36

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“(30A) “Provider premises” means a publicly or privately-owned house or1
apartment unit in which a client resides and receives a rental subsidy or other services under a2
shelter or supportive housing program.”.3
(3) A new paragraph (30B) is added to read as follows:4
“(30B) “Provisional placement status” means a placement in apartment-5
style or non-apartment-style shelter or supportive housing during the time needed to determine6
eligibility and priority, conduct an assessment of an individual’s or family’s needs, and identify7
an appropriate referral, including an alternative housing arrangement. Provisional placement8
status may be limited to those individuals or families that have no other housing arrangement or9
are living in a public or private place not designed for, or ordinarily used as, a regular sleeping10
accommodation for human beings.”.11
(4) A new paragraph (31A) is added to read as follows:12
“(31A) “Rapid Re-Housing” means a program, regardless of funding13
source, that provides a homeless individual or family with financial assistance to obtain14
permanent housing, by providing some or all of a security deposit, first month’s rent, or short-15
term, temporary rental subsidy, in order to help the recipient become self-sufficient.”.16
(5) Paragraph (41) is amended by inserting the phrase, “the purpose of which is to17
facilitate the movement of homeless individuals and families to permanent housing within 218
years” after the phrase, “accommodation,”.19
(6) Subparagraph (41)(B) is amended by striking, “up to 2 years or as long as20
necessary” and inserting, “less than or equal to 2 years”.21
(b) Section 7 (D.C. Official Code § 4-753.01) is amended by adding a new subsection (f)22
to read as follows:23

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“(f)(1) The Mayor is authorized to require clients to establish and1
contribute to a savings or escrow account, or other similar savings arrangement, as a condition of2
receiving shelter or supportive housing services.3
“(2) Pursuant to section 31 (D.C. Official Code § 4-756.02), the Mayor4
shall issue rules on the establishment of any mandatory savings or escrow accounts, or other5
similar savings arrangements, authorized by this section.”.6
(c) A new section 8b is added to read as follows:7
Sec. 8b Provisional Placement Status.8
“(a) The Department or its designee may place individuals or families who have applied9
for homeless services in Provisional Placement Status while it:10
“(1) Determines an individual’s or family’s eligibility and priority;11
“(2) Conducts an assessment of an individual’s or family’s needs, strengths and12
resources; and13
“(3) Identifies an appropriate referral, including an alternative housing14
arrangement.15
“(b) The Department may place individuals or families in Provisional Placement Status if16
they do not have another identified housing arrangement or the individual or family is living in a17
public or private place not designed for, or ordinarily used as, a regular sleeping accommodation18
for human beings.19
“(c) Clients in Provisional Placement Status shall have the rights provided in section 920
(D.C. Official Code § 4-754.11).21
“(d) Clients in Provisional Placement Status shall participate in, cooperate and comply22
with the unified assessment and referral process, including the determination of eligibility and23

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priority, assessment, and case coordination necessary to make an appropriate referral for1
services.2
“(e) Provisional Placement Status shall not exceed 14 days absent good cause, to be3
determined in the sole discretion of the Mayor.4
“(f) Upon receiving oral and written notice in accordance with section 19(d) (D.C.5
Official Code § 4-754.33(d)), a client in Provisional Placement Status for whom an alternative6
housing arrangement or appropriate referral has been identified shall transfer to the identified7
housing or referral as soon as possible and in any event no later than 24 hours after such notice.8
“(g) A client in Provisional Placement Status may be terminated from the provisional9
shelter placement upon determination that:10
“(1) The client does not meet the eligibility criteria set forth in section 8(a) (D.C.11
Official Code § 4-753.02(a));12
“(2) The client has failed to participate in or cooperate with completion of the13
unified assessment and referral process; or14
“(3)The client has engaged in a prohibited behavior set forth in section 22(2)15
(D.C. Official Code § 4-754.36(2)).16
“(h) Upon receiving notice of the transfer or termination, clients in Provisional Placement17
Status shall vacate the provider’s premises as soon as possible and in any event no later than 2418
hours after receipt of the notice.”19
(d) Section 9(18) (D.C. Official Code § 4-754.11(18)) is amended to read as follows:20
“(18) Continuation of shelter and supportive housing services without change,21
other than transfer from Provisional Placement Status pursuant to section 8A(f), termination of22
Provisional Placement Status pursuant to section 8A(g), transfer pursuant to section 20 (D.C.23

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Official Code § 4-754.34), discharge from services pursuant to section 22A, or emergency1
transfer, suspension, or termination pursuant to section 24 (D.C. Official Code § 4-754.38),2
pending the outcome of any fair hearing requested within 15 calendar days of receipt of written3
notice of a suspension or termination.”.4
(e) Section 13 (D.C. Official Code § 4-754.13) is amended as follows:5
(1) Paragraph 10 is amended by striking, “and” from the end of the sentence.6
(2) Paragraph 11 is amended to read as follows:7
“(11) Establish and contribute to a savings or escrow account or other similar8
savings arrangement if required by law, regulation, or the Program Rules established by the9
provider pursuant to §4-754.32; and”.10
(3) A new paragraph 12 added to read as follows:11
“(12) Follow all Program Rules established by a provider pursuant to section 1812
(D.C. Official Code § 4-754.32.)”.13
(f) Section 18 (D.C. Official Code § 4-754.32) is amended as follows:14
(1) Paragraph (7) is amended by striking, “and”.15
(2) Paragraph (8) is amended by striking, “.” and inserting, “; and”.16
(3) By adding a new paragraph 9 to read as follows:17
“(9) A description of a client’s responsibilities to establish and contribute to a18
savings and escrow account, or other similar savings arrangement, if required by rules adopted19
by the Mayor pursuant to section 31 (D.C. Official Code § 4-756.02).”.20
(g) Section 19 (D.C. Official Code § 4-754.33) is amended as follows:21
(1) Subsection (c) is amended to read as follows:22
“(c) All providers shall given written and oral notice to clients of their transfer to another23

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provider or of their suspension, termination, or discharge from services at least 15 days prior to1
the effective date of the transfer, suspension, termination, or discharge except:2
“(i) When the sanction results from the client’s imminent threat to the3
health or safety of someone on the premises of the provider in accordance with section 24 (D.C.4
Official Code § 4-754.38);5
“(ii) When the sanction is a suspension of supportive services for a period6
shorter than 10 days; or7
“(iii) When a client in a Provisional Placement Status is transferred8
pursuant to section 8A(f) or terminated pursuant to section 8b(g).”.9
(h) Section 22 (D.C. Official Code § 4-754.36) is amended to read as follows:10
“(a) A provider may terminate its delivery of services to a client only when:11
“(1) The provider documents that it has considered suspending the client in12
accordance with section 21 (D.C. Official Code § 4-754.35) or has made a reasonable effort, in13
light of the severity of the act or acts leading to the termination, to transfer the client in14
accordance with section 20 (D.C. Official Code § 4-754.34);15
“(2) The client:16
“(A) Possesses a weapon on the provider’s premises;17
“(B) Possess or sells illegal drugs on the provider’s premises;18
“(C) Assaults or batters any person on the provider’s premises;19
“(D) Endangers the client’s own safety or the safety of others on the20
provider’s premises;21
“(E) Intentionally or maliciously vandalizes, destroys, or steals the22
property of any person on the provider’s premises;23

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“(F) Fails to accept an offer of appropriate permanent housing or1
supportive housing that better serves the client’s needs after having been offered 2 appropriate2
permanent or supportive housing opportunities. For purposes of this section, Rapid Re-Housing3
shall be considered an offer of appropriate permanent housing and an offer of 2 different units4
through a Rapid Re-Housing program shall be considered 2 offers of appropriate permanent5
housing;6
“(G) Knowingly engages in repeated violations of a provider’s Program7
Rules; or8
“(H) In the case of terminations pursuant to subparagraphs (2)(F) and9
(2)(G) of this section, the provider has made reasonable efforts to help the client overcome10
obstacles to obtaining permanent housing.11
“(b) In addition to the grounds for termination stated in this section, a client in a12
Provisional Placement Status may be terminated immediately upon determination that the client13
does not meet the eligibility criteria set forth in section 8(a) (D.C. Official Code § 4-753.02(a))14
or the client has failed to participate in or cooperate with the unified assessment and referral15
process required by section 8A(d).”.16
(i) A new section 22a is added to read as follows:17
“(a) A provider may discharge a client from a supportive housing placement only when18
the client has:19
“(1) Transferred or relocated to another program or facility due to, but not limited20
to, incarceration or institutionalization for at least 60 days;21
“(2) Abandoned his or her unit and good faith efforts to locate the client have22
failed, or the client has been located but has indicated by words or actions that he or she does not23

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intend to return to and reside in the unit; or1
“(3) Received services for the length of the program as set forth in the provider’s2
Program Rules pursuant to section 18 (D.C. Code § 4-754.32), provided that no extension or3
subsequent extension was granted and the client received notice of the Program Rules in4
accordance with section 19 (D.C. Code § 4-754.33).”.5
“(b) Providers of supportive housing shall give oral and written notice, in accordance6
with section 19 (D.C. Official Code § 4-754.33(d)), to clients of their discharge from services7
pursuant to subsection (a)(1) and (a)(2) at least 15 days prior to the effective date of the8
discharge.9
“(c) Providers of supportive housing shall give oral and written notice, in accordance10
with section 19(d) (D.C. Official Code § 4-754.33(d)), to clients of their discharge from services11
pursuant to subsection (a)(3) at least 30 days prior to the effective date of discharge. If it is not12
possible to provide written notice at the time of the action because the client’s whereabouts are13
unknown, a written notice shall be delivered to the client’s last known address or, upon request,14
within 90 days of the discharge.”.15
Sec. 3. Fiscal impact statement.16
The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal17
impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act,18
approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(3)).19
Sec. 4. Effective date.20
This act shall take effect following approval by the Mayor (or in the event of veto by the21
Mayor, action by the Council to override the veto), a 30-day period of Congressional review as22
provided in 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 197323

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(87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of Columbia1
Register.2