District Of Columbia § 42-2802 - Housing Production Trust Fund established.
Full text of District Of Columbia D.C. Code § 42-2802 — Housing Production Trust Fund established., with citation guidance and answers to common questions.
§ 42-2802. Housing Production Trust Fund established.
42-2802There is established the Housing Production Trust Fund as a permanent revolving special revenue fund within the Governmental Funds of the District apart from the General Fund consisting of identifiable, renewable, and segregated capital, which shall be administered by the Department to provide assistance in housing production for targeted populations.
The Fund shall be used to provide:
Pre-development loans for nonprofit housing developers;
Grants for architectural designs for adaptive re-use of previously nonresidential structures;
Loans to develop housing and provide housing services for low- and very low-income elderly persons who have special needs;
Bridge loans and gap financing to reduce up-front costs and costs of residential development and to keep a housing project in operation, if circumstances change adversely during development;
Loans for first-effort model projects;
Financing for the construction of new housing, or rehabilitation or preservation of existing housing;
Financing for site acquisition, construction loan guarantees, collateral, or operating capital;
Loans or grants to finance on-site child development facilities for proposed housing or commercial development projects;
Loans authorized through the Homestead Housing Preservation Program in ;
Payments to a person contracted to perform services under ;
Other loans and grants for housing production determined by the Department to be consistent with the purposes of this chapter;
Funds for the administration of the Fund, not to exceed 10% in fiscal year 2009 or earlier, not to exceed 15% in fiscal year 2010, not to exceed 15% in fiscal year 2011, and not to exceed 10% in fiscal year 2012 or later of the funds deposited into the Fund pursuant to subsection (c) of this section; and
Funds for the New Communities Initiative as that term is defined in subparagraph (B) of this paragraph; provided, that the use of the funds for the initiative is consistent with the provisions and purposes of this section and meets the requirements of and the rules promulgated pursuant to this chapter.
For the purposes of this paragraph, the term “New Communities Initiative” means a large scale and comprehensive plan, submitted by the Mayor to the Council for approval, that provides housing infrastructure with a special focus on public housing, provides critical social support services, decreases the concentration of poverty and crime, enhances access to education, and provides training and employment education to neighborhoods where crime, unemployment, and truancy converge to create intractable physical and social conditions.
At least 40% of the funds disbursed from the Fund during a fiscal year shall be for the purposes of assisting in the provision of housing opportunities for very low-income households, which includes individuals who have previously been incarcerated for or convicted of a felony under state or federal law and who are otherwise entitled to services and assistance pursuant to this chapter, including maximizing the possibility of home ownership. The Mayor may submit a written request to the Council for a waiver of the 40% requirement if, by the 4th quarter of the fiscal year, the Mayor has not received a sufficient number of viable housing proposals. The Council shall approve or disapprove the waiver by resolution within 30 days, and the resolution shall be deemed disapproved if the Council does not act within this 30-day period.
At least 40% of the funds disbursed from the Fund during a fiscal year shall be for the purposes of assisting in the provision of housing opportunities for extremely low-income households, including maximizing the possibility of home ownership. The Mayor may submit a written request to the Council for a waiver of the 40% requirement if, by the 4th quarter of the fiscal year, the Mayor has not received a sufficient number of viable housing proposals. The Council shall approve or disapprove the waiver by resolution within 30 days, and the resolution shall [be] deemed disapproved if the Council does not act within this 30-day period.
At least 50% of the funds disbursed from the Fund during a fiscal year shall be for the purposes of assisting in the provision of rental housing. The Mayor may submit a written request to the Council for a waiver of the 50% requirement if, in the 3rd quarter of the fiscal year, the Mayor has not received a sufficient number of viable rental housing proposals. The Council shall approve or disapprove the waiver by resolution within 30 days, and the resolution shall be deemed approved if the Council does not act within the 30-day period.
An amount not to exceed $16 million of the funds deposited into the Fund may be used by the Mayor to secure bonds issued for the benefit of the New Communities Initiative or other purposes consistent with the Housing Production Trust Fund uses and pursuant to subsection (b)(11) of this section; provided, that securitization above $16 million may only occur upon certification by the Mayor that resources are needed to fulfill the New Communities projects.
Council authorization by act shall be required for any amount above $16 million in the Fund to secure financing for the New Community Initiative or other purposes consistent with the Housing Production Trust Fund uses.
This subsection shall not apply to the new issuance of bonds after May 1, 2013.
Notwithstanding any other provision of this chapter or any other law to the contrary, $4 million of the funds deposited into the Fund may be made available by the Mayor to the Workforce Housing Land Trust. The uses of the funds shall be governed exclusively by the provisions of the Land Trust Plan and the requirements of subchapter III-A of [ et seq.].
Notwithstanding any other provision of this chapter or any other law, the Mayor may transfer an amount not to exceed $18 million from the Fund to the Rent Supplement Fund established by , for the purpose of funding in fiscal year 2012 the assistance programs set forth in §§ through .
None of the funds transferred to the Rent Supplement Fund pursuant to paragraph (1) of this subsection shall be used for administrative costs.
If, pursuant to the Contingency for Additional Estimated Revenue Act of 2011, effective September 20, 2012 (; 59 DCR 8025) [Subtitle P of Title VII of ], the appropriation for the District of Columbia Housing Authority is increased by an amount by which a revised revenue estimate exceeds the revenue estimate of the Chief Financial Officer of the District of Columbia dated February 28, 2011, the transfer set forth in paragraph (1) of this subsection shall be reduced by an equal amount.
Repealed.
There shall be deposited in the Fund:
Fee option contributions made by commercial developers under a commercial linked development policy to be established by statute by the Council;
Community development program contributions made pursuant to , as determined by the Superintendent of Banking and Financial Institutions in consultation with the Department;
Appropriated amounts;
Grants, fees, donations, or gifts from public and private sources;
Repayments of principal and interest on loans provided from the Fund;
Proceeds realized from the liquidation of security interests held by the District under terms of assistance provided from the Fund;
Interest earned from the deposit or investment of monies from the Fund;
All revenues, receipts, and fees of whatever source derived from the operation of the Fund;
Repealed.
Any fee or portion of an application fee that the Zoning Commission, by rule, may require an applicant for a Planned Unit Development to pay when the applicant proposes a housing production option or fee option in connection with a planned unit development application, to the extent that the Zoning Commission designates that the fee or portion of that fee shall be allocable to the Fund;
Available community development block grants;
Repealed.
Repealed.
Repayments of loans, including principal and interest, provided under ; and
Proceeds realized from the liquidation of any security interests held by the District under the terms of assistance provided from the fund through the Homestead Housing Preservation Program established in ;
$5 million on October 1, 2002;
Beginning October 1, 2003, 15% of the real property transfer tax imposed by and 15% of the deed recordation tax imposed by ; provided, that if, in any fiscal year, the Chief Financial Officer certifies the proposed budget will not be balanced as required by if the provisions of this paragraph take effect, the applicable percentage for the fiscal year shall be the amount derived from the available general fund balance;
[Not funded].
All fines collected pursuant to , which shall be used exclusively to fund the Mayor’s purchase of dwelling units for sale or rental to low- and moderate-income households as authorized by .
[Not funded].
The Department shall:
Periodically review Fund revenue sources to determine what additional revenue sources may be required to assure the continuation of the Fund and its programs and shall request Council action to access revenue sources otherwise unavailable to the Department;
File with the Chairperson of the Committee on Economic Development quarterly reports on activities and expenditures;
Conduct annual audits, publish annual reports, hold public hearings, and make annual assessments of the continued housing needs of targeted populations;
Monitor for compliance written agreements entered into by the Department and commercial developers pursuant to this chapter;
Provide outreach and housing production counseling and technical assistance to individuals or groups interested in producing housing for targeted populations as provided in ;
Encourage profit and nonprofit developers to produce housing units of 3 or more bedrooms designed to accommodate large families and to produce child development facilities in a housing development;
Give priority to nonprofit housing developers for receipt of loans from the Fund; and
Notwithstanding any other applicable law, ensure that the provisions of are enforced.
Annotations
Applicability of : Section 3 of provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.
Applicability of : Section 11001 of provided that, except as otherwise provided, the act shall apply as of October 1, 2013.
The Budget Director of the Council of the District of Columbia has determined, as of February 15, 2012, that the fiscal effect of Law 17-365 has not been included in an approved budget and financial plan. Therefore, the provisions of this section, enacted by Law 17-365, are not in effect.
Section 3 of provided that this act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan.
For approval of the Northwest One Redevelopment Plan and authorization of the Mayor to exercise eminent domain authority in the area bounded by North Capitol Street, N.E., K Street, N.E., New Jersey Avenue, N.E., and New York Avenue, N.E., see the Northwest One/Sursum Corda Affordable Housing Protection, Preservation and Production Act of 2006, effective November 16, 2006 (; 53 DCR 6750).
Section 2071 of provided that Subtitle H of Title II of the act may be cited as the “Housing Production Trust Fund Revenue Dedication Emergency Amendment Act of 2013”.
Short title: Section 2091 of provided that subtitle I of title II of the act may be cited as the “Housing Production Trust Fund and Affordable Housing Production Report Amendment Act of 2010”.
Short title: Section 2100 of provided that subtitle K of title II of the act may be cited as the “Housing Production Trust Fund Amendment Act of 2009”.
Short title: Section 2401 of provided that subtitle S of title II of the act may be cited as the “New Communities Amendment Act of 2007”.
Short title: Section 2061 of provided that subtitle E of title II of the act may be cited as the “Housing Production Trust Fund and New Communities Financing Clarification Act of 2006”.
Short title of subtitle A of title XI of Law 14-190: Section 1101 of provided that subtitle A of title XI of the act may be cited as the Housing Production Trust Fund Amendment Act of 2002.
Source: official District Of Columbia text · Last verified 2026-08-27
Frequently Asked Questions About District Of Columbia § 42-2802
What does D.C. Code § 42-2802 cover?
Section 42-2802 ("Housing Production Trust Fund established.") is part of the D.C. Code, the codified statutory law of District Of Columbia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
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