Current through codified legislation effective September 18, 2024
Section 10-571.02 - [Not funded.] Program; purpose(a) The Director shall establish a program to proactively inspect all multifamily rental housing properties. It is the purpose of the proactive inspection program to:(1) Proactively identify and address housing code violations in multifamily rental housing properties across the District;(2) Ensure significant compliance with the housing code in multifamily rental housing properties; and(3) Preserve and enhance the quality of life for District residents.(b)(1) For purposes of the program, the Director shall classify multifamily rental housing properties into 2 tiers: Tier 1, and Tier 2.(2) Properties classified into the tiers shall be proactively inspected as follows: (A) Properties in Tier 2 shall be proactively inspected at least once every 6 years; and(B) Properties in Tier 1 shall be proactively inspected at least once every 2 years.(c)(1) The Director shall assign multifamily residential housing property to one of the tiers established by subsection (b) of this section. Tier assignments shall be made pursuant to an algorithm developed by the Director that may take into account the following factors:(A) The type of building on the property;(B) The age of the building;(C) The status of the rental housing business license for the property;(D) The legal structure of the corporation to which the business license was issued;(E) The number and class of housing code violations found at the property;(F) The average length of time (in days) housing code violations remained unabated at the property;(G) The number of stop-work orders issued for the property;(H) The number of violations for failure to properly store solid waste at or on the property;(I) Whether the owner has been delinquent in paying property taxes;(J) Whether the property is located within an area where the percentage of vulnerable populations, including people with disabilities, people who are foreign-born, people who have limited or no-English proficiency, and households with extremely low household income, is greater than the overall percentages for the District;(K) Whether the property is located in an area where the percentage of children under the age of 6 that have lead blood levels equal to or greater than 3.5 micrograms per deciliter (≥3.5 μg/dL) is greater than the overall percentage for children in the District; and(L) Whether the property is located in an area where the rate or incidence of pediatric asthma is higher than the rate or incidence of pediatric asthma for the District.(2) The Director shall specify the weight to be assigned to each of the factors listed in paragraph (1) of this subsection.(d)(1) The Director shall re-evaluate the tier classification for each multifamily rental housing property as follows:(A) Properties in Tier 2 shall be re-evaluated for classification every 6 years; and(B) Properties in Tier 1 shall be re-evaluated for classification every 2 years.(2)(A) The Director shall notify each housing provider of their initial classification and of any subsequent change in that classification.(B) The notification shall include basic information about the proactive inspection program, the specific criteria that were used to classify the multifamily residential housing property, and contact information for the Department for further questions.(3) Notwithstanding any other provision of this subsection, the Director may reclassify a property at any time; provided, that the Department shall provide notice to the affected housing provider describing the reasons for the reclassification.(4) Classification and reclassification decisions made by the Director are not subject to appeal.Added by D.C. Law 25-141,§ 3, 71 DCR 001466, eff. 3/23/2024.