Erin Palmer’s Safe Housing Action Plan

Housing is a human right, and all DC residents are entitled to safe, stable, and secure housing.

Erin celebrates the opening of a project she worked to support — the restoration and preservation of permanently affordable transit-accessible apartments in Takoma.
  1. The procedures for property owners to repair violations are discretionary and lax, resulting in longstanding unsafe housing conditions. Our primary objective should be safe, stable, and secure housing. This requires creating a robust structure that forces repairs for housing code violations, both as a mechanism to improve safety and to prevent the continued neglect and decline of specific properties that ultimately results in them being uninhabitable.
  2. Enforcement is absent and property owners either consider fines part of the cost of doing business or simply don’t pay them. We’ve also known for some time that DCRA has problems collecting fines, having collected only about $70,000 of $10 million in fines levied in FY 2020. Fines are needed to both deter housing code violations and hold violators accountable. And DCRA must be equipped and required to collect fines imposed, otherwise the enforcement process becomes meaningless. While much attention has been paid to DC’s inability to collect photo enforcement fines from out-of-state drivers, DCRA actually collects a lower percentage of levied fines than our photo-enforcement program without any legal obstacles prohibiting more aggressive collection.

The DC Council’s Committee of the Whole has oversight of DCRA, which means that the current Council Chair is primarily responsible for the agency’s oversight. Yet, despite decades of complaints, unsafe living conditions, and even deaths, he has changed little to require more and better from DCRA’s enforcement procedures and practices.

Expand inspections for housing code violations with a targeted racial equity and public health lens

DCRA does not employ enough inspectors for vigorous enforcement to ensure safe, stable, and secure housing. As of March 2021, the agency employs 25 inspectors for 161,965 rental housing units — an approximate ratio of one inspector for every 6,500 units. In addition, DCRA inspectors are not trained, certified, or licensed to inspect with regard to mold. Simply put, more well-trained employee inspectors will ensure a greater number of higher quality inspections, consistency, and follow through on enforcement. In addition, DCRA needs an expanded proactive inspection program that is more frequent and targets neighborhoods based on racial equity and public health data (e.g., exposure to lead and mold; high levels of asthma). Proactive inspections “ensur[e] that landlords are aware of poor conditions before they worsen” and “encourage[] preventative maintenance, which is more cost effective than deferred maintenance, and thereby helps landlords to maintain their properties.” DCRA itself said in 2009: “It’s quite clear that a complaint-based system is no longer sufficient if we want to maintain safe housing conditions for all residents, especially our most vulnerable — the poor, the elderly, the non-English speakers.”

  • Requiring cross- training, certification, and licensing for DCRA housing inspectors to include assessments for lead, mold, and asbestos (including by funding laws on the books like B23–0132, the Residential Housing Environmental Safety Amendment Act of 2020) to ensure prompt issuance of notices of violation and enforcement for these public health risks that disproportionately impact vulnerable communities;
  • Conducting prompt and diligent oversight to assure coordination among agencies performing housing inspections and with potential enforcement authority related to public health issues (like the District Department of Energy and Environment’s Lead-Safe and Healthy Homes Division) to make sure tenants are not deprived of inspections and enforcement due to finger pointing among agencies and to ensure a centralized, coherent, and efficient citywide effort with regard to safe housing and public health;
  • As discussed in my DC Council Accountability Plan, re-instituting and making use of a comprehensive, nonpartisan, and objective research service for the Council to conduct a 50-state survey of best practices with regard to proactive inspection programs that have the highest success in addressing housing code violations with a racial equity and public health lens; and
  • Codifying and strengthening DCRA’s proactive inspection program, including: conducting more frequent inspections (every two to four years, depending on compliance, instead of every five years); requiring inspections of a substantial percentage of units in a building (and not just individual units); prioritizing properties with known risk factors (and not just a substantial number of inspection requests from tenants), including through surveys of Advisory Neighborhood Commissioners and advocacy organizations regarding known problematic properties; and targeting neighborhoods and properties with prevalence of negative public health outcomes related to lead, mold, and asbestos, including public housing.

The problems are not new. They require clear, dedicated, values-based leadership. Every DC resident is entitled to safe, stable, and secure housing, and I will continue to fight for that from day one as DC Council Chairwoman.

Employ clear, consistent, and non-discretionary standards for repairs for housing code violations to ensure safe housing

DCRA has consistently failed to use procedures that result in property owners fixing housing code violations (abatement), with less than 42% of housing code violations in FY2021 with confirmed repairs. And it has taken longer to confirm those repairs that do take place each year. In September 2018, the Office of the District of Columbia Auditor conducted an audit of DCRA’s housing code enforcement, noting that DCRA had no timelines and lax procedures to ensure repairs for housing code violations. The Auditor’s Office recommended timelines for repairs and re-inspection to confirm repairs took place. Neither the DC Council nor DCRA have solidified procedures and timelines for repairs to correct housing code violations, and residents have suffered as a result, with buildings falling into such disrepair that they become uninhabitable. The procedures and requirements for fixing housing code violations are murky and must be clarified and strengthened. In addition, DCRA must be equipped to quickly make repairs itself if property owners fail to do so. Otherwise, buildings will continue to fall into disrepair and become uninhabitable.

  • As discussed in my DC Council Accountability Plan, re-instituting and making use of a comprehensive, nonpartisan, and objective research service for the Council to conduct a 50-state survey of best practices in regulatory enforcement to assure inspections and citations result in repairs of housing code violations;
  • Using the survey of best practices to codify enhancements to DCRA’s procedures regarding repairs for housing code violations, including: providing clear and consistent timelines for repairs that are tied to clear and consistent re-inspection requirements; mandating additional Notices of Infraction for failures to repair previous violations; and providing clear and consistent standards for repairs and mandating recordkeeping regarding the adequacy of repairs;
  • Providing additional funding for and codifying enhanced use of the Nuisance Abatement Fund to allow DCRA to aggressively fix housing code violations itself, particularly violations that affect the health and safety of tenants and repeat violations; and
  • Working strenuously in collaboration with the Office of the Attorney General for the District of Columbia to strengthen the Tenant Receivership Act and other efforts by the Attorney General to address chronic health and safety issues at rental properties.
  • Increasing fines for housing code violations, including scaled fines for repeat violators, in consideration of nationwide best practices and to have maximum deterrent effect;
  • Requesting the Office of the DC Auditor to conduct an audit regarding DCRA’s fine enforcement and collection to best determine mechanisms to strengthen the agency so that it collects all fines possible, including: DCRA’s process and practice for dismissal and settlement of enforcement actions; DCRA’s own collection of fines; and DCRA’s practices for transferring fine collection to the District’s Central Collections Unit;
  • Using the DC Auditor’s report to strengthen DCRA’s enforcement and fine collection capabilities by: codifying practices regarding DCRA’s dismissal and settlement of enforcement actions; enhancing DCRA’s fine collection capabilities to prevent or make unnecessary the outsourcing of fine collection to DC’s Central Collections Unit; empowering the Office of the Attorney General to more frequently pursue unpaid fines through legal action; prohibiting the issuance of any permit to any entity or individual with more than $10,000 in unpaid fines; and requiring a “clean hands” certificate for government projects and funds, which makes any developer with outstanding and unresolved significant issues with DCRA ineligible for any government subsidy program, bid process, or government funding; and
  • Strengthening licensing requirements by revoking licenses from property owners who do not pay fines and requiring that property owners without a current basic business license can neither increase a tenant’s rent nor collect current rent as an additional deterrent to create a more effective enforcement structure and to ensure that property owners comply with the law.
Erin Palmer, seen here, is a Democrat running to be DC Council Chairwoman and is the first and only candidate to ever qualify for Fair Elections financing in a Council Chair race.

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