4653301 Elections, Board of - Notice of Public Hearing - "District of Columbia Right to Housing Act of 2014"
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BOARD OF ELECTIONS
NOTICE OF PUBLIC HEARING
RECEIPT AND INTENT TO REVIEW INITIATIVE MEASURE
The Board of Elections shall consider in a public hearing whether the proposed measure “District of Columbia Right to Housing Act of 2014” is a proper subject matter for initiative, at the Board’s Meeting on Wednesday, January 8, 2014 at 10:30am., One Judiciary Square, 441 4th Street, N.W., Suite 280, Washington DC.
The Board requests that written memoranda be submitted for the record no later than 4:00 p.m., Thursday, January 2, 2014 to the Board of Elections, General Counsel’s Office, One Judiciary Square, 441 4th Street, N.W., Suite 270, Washington, D.C. 20001.
Each individual or representative of an organization who wishes to present testimony at the public hearing is requested to furnish his or her name, address, telephone number and name of the organization represented (if any) by calling the General Counsel’s office at 727-2194 no later than Friday, January 3, 2014 at 4:00 p.m.
The Short Title, Summary Statement and Legislative Text of the proposed initiative read as follows:
Short Title
District of Columbia Right to Housing Initiative
of 2014
Summary Statement
In recognition that
(1) All District of Columbia residents have a right at all times to housing adequate to maintain, support, protect and afford for District of Columbia residents below
poverty level.
(2) The costs of providing adequate and accessible housing to all in need are outweighed by the costs to increased medical care and suffering attending the failure to provide
such housing and
(3) The District of Columbia should provide housing to those below poverty level
Hereby establishes in law the right to adequate housing. Provides identification of those in need of housing and provision of such housing.
Legislate Text
By Electors of the District of Columbia
To establish the right of all individuals to adequate housing and the policy of the District
of Columbia to provide such housing.
Be it enacted by the electors of the District of Columbia that this measure may be cited
as the District of Columbia Right to Housing Act of 2014.
Sec 2: Establishment of right
All persons in the District of Columbia shall have the right to adequate housing.
Adequate housing is that which to a reasonable degree maintains protects and supports
Human health is accessible for individuals/families earning 0-40,000 dollars a year or below poverty level, and in compliance with (United Nations Declaration of Human Rights 1948).
Article 17.
· (1) Everyone has the right to own property alone as well as in association with
others.
· (2) No one shall be arbitrarily deprived of his poverty.
Article 25.
· (1) Everyone has the right to a standard of living adequate for the health and
well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
· (2) Motherhood and childhood are entitled to special care and assistance. All children, whether, born in or out of wedlock, shall enjoy the same social protection.
sec. 3 Declaration of Policy
In the interest of preventing human suffering and reducing the costs of medical care and police protections and in recognition of the right of all persons to adequate housing. It is by the electors declared public policy of the district of Columbia to provide adequate housing to all persons homeless and/or earning 0-40,000 dollars a year or below poverty level in the district of Columbia requesting such housing and willing to abide by reasonable regulation regarding such housing.
sec. 4 Definitions:
Homeless:
Person that has no present possessory interest in accommodation and the means necessary to obtain such interest or
The person has possessor interest in an accommodation but is unable to secure entry to that accommodation occupation of the accommodation would likely lead to violence from another occupant
Economic Discrimination:
Discrimination based on economic factors, can include job availability, wages, the prices and/or availability of goods and services, and the amount of capital investment funding available to minorities for business. This can include discrimination against workers, consumers, and minority-owned businesses.
One-fourth ruling
One fourth or 25% local revenue used to provide housing
One fourth or 25% federal allocation used to provide housing
One fourth or 25% property manager/landlord reduction in rental costs
One fourth or 25% individual income
Ruling shall be conducted on case by case basis
Sec.5 Provision of Housing
Within thirty days of the date of the initiative becomes effective and at least once each year thereafter the mayor shall take reasonable steps to assess the level of homeless persons and/or those earning 0-40,000 dollars a year desiring housing and to determine current level of housing available, creation, and adequacy of existing units.
The District of Columbia adopts ¼ ruling to provide best affordability for persons at or below poverty level up to, and not exceeding 40,000 dollars a year of income.
District of Columbia Office of Human Rights adopts basis for discrimination term economic discrimination.
Sec.6: Judicial review.
Requires Office of Human Rights to investigate and enact penalties provided by section 5 of this initiative.
Any person aggrieved by a failure of District of Columbia to provide housing or by an action that is likely to lead to such a failure declared to be a right by this initiative may sue for relief in any court of competent jurisdiction. The court may grant such relief as it deems appropriate. Sovereign immunity shall not bar actions to enforce right established by this initiative. Reasonable attorney’s fee and court costs may be awarded to prevailing party other than government for actions brought under this section.
Sec.7 Severability.
No provision of this initiative or its application to any person cannot be held invalid.
Sec.8 Effective date.
This measure shall take effect as provided by initiative measures of the Electors of the District of Columbia in section 3 of public law 95-526 Amending the initiative referendum and recall charter amendment act of 1977 and acts of the council of the District of Columbia section 602(c) of the District of Columbia self-governing and governmental reorganization.
