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April 28, 2025
The Honorable Phil Mendelson
Chairman
Council of the District of Columbia
1350 Pennsylvania Avenue NW, Suite 504
Washington, DC 20004-3003
Dear Chairman Mendelson:
Pursuant to D.C. Official Code § 2-352.02, I have enclosed, for consideration by the Council of
the District of Columbia, the (a) Council Contract Summary for the Agreement to Enter into a Long-Term Subsidy
Contract (“ALTSC”) between the District of Columbia Housing Authority (“DCHA”) and Harvard Court Owner, LLC
(“Owner”), and (b) proposed Local Rent Supplement Program Contract No. 2025-LRSP-04A with Harvard Court Owner,
LLC Approval Resolution of 2025. DCHA proposes to provide a housing subsidy to the Owner in the initial amount of
$707,035.00 annually fo r a multi-year term of twenty (20) years, in support of the District’s Local Rent Supplement
Program (“LRSP”) to provide twenty-two (22) affordable housing units at the Harvard Court Apartments located at
1425 Harvard Court, NW.
As always, I am available to discuss any questions you may have regarding the proposed LTSC. In order to facilitate a
response to any questions concerning this ALTSC, please have your staff contact Hammere Gebreyes, Director of
External Affairs and Senior Advisor, at (202) 207-4694.
I look forward to your favorable consideration of this proposed ALTSC agreement.
Sincerely,
Kei
th Pettigrew
Executive Director, District of Columbia Housing Authority
Encl
osures
KP/hg
cc: Ny
asha Smith, Secretary to the Council
Date: April 28, 2025
COUNCIL CONTRACT SUMMARY
Pursua
nt to section 202(c) of the Procurement Practice Reform Act of 2010, as amended, D.C.
Official Code § 2-532.02(c), the following contract summary is provided:
(A) Contract Number: 2025-LRSP-04A
Proposed Contractor: Harvard Court Owner, L LC (the “Owner”)
Contract Amount (Base Period): $707,035 Initial Annual Amount
Unit and Method of
Compensation: Housing Assistance Payments, paid monthly Term
of Contract: 20 Years
Type of Contract: Agreement to Enter into a Long-Term Subsidy
Source Selection Metho
d: See “D” below
(B) For a contract containing option periods, the contract amount for the base period
and for each option period. If the contract amount for one or more of the option
periods differs from the amount for the base period, provide an explanation of the
reason for the difference:
This is a multi-year contract.
(C) The goods or services to be provided, the methods of delivering goods or services,
and any significant program changes reflected
in the proposed contract:
Pursuant to D.C. Official Code § 2-352.02, I have enclosed, for consideration by the
Council of the District of Columbia, the Council Contract Summary for the Agreement to
Enter into a Long-Term Subsidy Contract (
“ALTSC”) between the District of Columbia
Housing Authority (“DCHA”) and Harvard Court Owner, LLC
(the “Owner”). DCHA
proposes to provide a housing subsidy to the Owner in the initial annual
amount of
$707,035.00 for a multi-year term o f twenty (20) years, in support of the District’s Local
Rent Supplement
Program (“LRSP”) to provide affordable housing at Harvard Court
Apartments
located at 1425 Harvard Street, NW.
(D) The selection process, including the number of offerors, the evaluation criteria, and
the evaluation results, including price, technical or quality, and past performance
components:
In September of 2021, the District of Columbia’s Department of Housing and Community
Development (“DHCD”) issued a Request for Proposals (“RFP”) regarding the
availability o
f funds from multiple district agencies, including DCHA, DHCD, the
Department of Behavioral Health, the Department of Human Services, and the District of
Columbia Housing Finance Agency. Of the twenty-one (21) total proposals received,
elev
en (11) developers were chosen to work with DCHA and o thers to develop affordable
housing and permanent supportive housing units for extremely low-income families
making zero to thirty percent
of the area’s median income, as well as the chronically
2
homeless and individuals with mental or physical disabilities throughout Washington,
DC.
Af
ter meeting the requirements for DHCD review and LRSP subsidy eligibility,
proposals were evaluated on various underwriting and prioritization criteria including
financial feasibility, project sustainability, development team capacity, amount of capital
requested, nonprofit participation, and furtherance of the development of affordable
housing. Additionally, DCHA has determined that the proposed project meets the District
of Columbia’s Consolidated Plan and the Mayor’s goal for providing affordable housing
opportunities in neighborhoods.
(E) A
description of any bid protest related to the award of the contract, including
whether the protest was resolved through litigation, withdrawal of the protest by the
protestor, or voluntary corrective action by the District. Include the identity of the
protestor, the grounds alleged in the protest, and any deficiencies identified by the
District as a result of the protest:
None
.
(F) T
he background and qualifications of the proposed contractor, including its
organization, financial stability, personnel, and performance on past or current
government or private sector contracts with requirements similar to those of the
proposed contract:
Harvard Court Apts:
The NHP Foundation (“NHPF”) proposes to construct Harvard Court Apartments, a 108-
unit affordable housing project on Harvard Street , NW with units reserved for families
earning not greater than thirty percent ( 30%) and fifty percent ( 50%) of area median
income. Twenty-two ( 22) or twenty- two percent (20%) of the 108 total units will be
permanent supportive housing units. The site is currently used as a surface parking lot for
the Columbia Heights Village Apartments and is located immediately behind the 10-story
high-rise which fronts on 2900 14th Street NW. The land is owned by Harvard Court
Owner, LLC (the “ Current Owner”). NHPF has site con trol as the managing member of
the managing member of the Current Owner.
The
Harvard Court site was subdivided from the original Columbia Heights Village
Apartments high rise property. Columbia He ights Village Apartments was originally
purchased by NHPF in a joint venture with the Columbia Heights Village Tenant
Association and Change All Souls Housing Corporation, a local non -profit, in order to
preserve Columbia Heights Village’s existing affordable housing units while also looking
for opportunities to add affordable housing units within the Columbia Heights Village
footprint. The financing being requested includes tax- exempt bonds, 4% LIHTCs, and
DC LIHTCs.
Pr
oject ownership has engaged in preliminary discussions with DC DHCD on, and
intends to enter into, an agreement for a sale of the land to DC DHCD and a ground lease
back to Harvard Court Owner, LLC. Project ownership has also discussed the above -
3
referenced plan with its intended equity and debt partners, all of whom are comfortable
with the proposed transaction, including an unsubordinated ground lease.
T
he site is currently used as a surface parking lot for the Columbia Heights Village
Apartments and is located immediately behind the 10- story high-rise which fronts 2900
14th Street NW. The proposed new building will have two levels of parking composing
85 spaces. The parking will be sufficient to more than exceed the parking requirements of
the new building, and it will replace one hundred percent ( 100%) of the existing sixty-
five (65) surface parking spaces that would otherwise be lost to the residents of Columbia
Heights Village. The first floor above grade will be designed to activate the urban
landscape with management, permanent supportive housing services and resident services
offices, and common area spaces (including shared outdoor space between Harvard Court
and Columbia Heights Village) facing Harvard Street. The majority of the first floor that
is tucked behind the first -floor offices will be structured parking. Above the first floor,
the new building will have six residential floors. The first level of below grade parking
plus the first two floors above grade will be concrete podium construction. The next five
levels will be constructed with light- gauge metal framing and hybrid concrete-metal
dovetail decks.
T
he project will set a side twenty percent ( 20%) of the total unit count (22 in total) as
Permanent Supportive Housing units restricted to residents not earning greater than 30%
of area median income. The project will also feature ample community space for
supportive and resident services providers, recreational activities and resident programs .
Also, the proposed project is permitted under Inclusionary Zoning and this property
meets the requirements of Inclusionary Zoning.
(G) A summary of the subcontracting plan required under section 2346 of the Small,
Local, and Disadvantaged Business Enterprise Development and Assistance Act of
2005, as amended, D.C. Official Code § 2-218.01 et seq. (“Act”), including a
certification that the subcontracting plan meets the minimum requirements of the
Act and the dollar volume of the portion of the contract to be subcontracted,
expressed both in total dollars and as a percentage of the total contract amount:
N
ot applicable.
(H) P
erformance standards and the expected outcome of the proposed amount:
T
he housing subsidy shall be used solely to support housing costs associated with the
affordable housing units at Harvard Court Apartments located at 1425 Harvard Street,
NW in support of the District’s Local Rent Supplement Program (LRSP). The project is
consistent with the District’s goal of increasing affordable housing, especially among
low-to-moderate income residents and preserving existing affordable housing
opportunities in the District. Additionally, the Owner is required to fulfill all conditions
as set forth in the ALTSC Agreement within the agreed upon time frames. Failure to
fulfill the terms of the ALTSC Agreement will constitute default.
4
(I) The amount and date of any expenditure of fund by the District pursuant to the
contract prior to its submission to the Council for approval:
N
one.
(J
) A certification that the pro posed contract is within the appropriated budget
authority for the agency for the fiscal year and is consistent with the financial plan
and budget adopted in accordance with D.C. Official Code §§ 47-392.01 and 47-
392.02:
C
FO Certifications are attached.
(K
) A certification that the contract is legally sufficient, including whether the proposed
contractor has any pending legal claims against the District:
P
ending Litigation Certification and Legal Sufficiency Memo are attached.
(L
) A certification that Citywide Cl ean Hands database indicates that the proposed
contractor is current with its District taxes. If the citywide clean hands Database
indicates that the proposed contractor is not current with District taxes, either: (1) a
certification that the contractor has worked out and is current with a payment
schedule approved by the District; or (2) a certification that the contractor will be
current with its District taxes after the District recovers any outstanding debt as
provided under D.C. Official Code § 2-353.01(b):
C
lean Hands certification is attached
(
M) A certification from the proposed contractor that it is current with its federal taxes,
or has worked out and is current with a payment schedule approved by the federal
government:
F
ederal Tax Certification is attached.
(N
) The status of the proposed contractor as a certified local, small, or disadvantaged
business enterprise as defined in the Small, Local, and Disadvantaged Business
Enterprise Development and Assistance Act of 2005, as amended; D.C. Official
Code 2-218.01 et seq.:
H
arvard Court Owner, LLC is not certified as a local, small or disadvantaged business
enterprise.
(O
) Other aspects of the proposed contract that the Chief Procurement Officer
considers significant:
N
ot applicable.
5
(P) A statement indicating whether the proposed contractor is currently debarred from
providing services or goods to the District or federal government:
Included in the legal sufficiency memo, attached.
(Q) Any determination and findings issue relating to the contract’s formation, including
any determinatio
n and findings under D.C. Official Code § 2-352.05 (privatization
contracts):
None.
(R) Where the contract, any amendments or modifications, if executed, will be made
available online:
The contract will be made available on the DCHA website.
(S) Where the original solicitation, and any amendment or modifications, will be made
available online:
Original solicitation was published 9/30/21 and extended through 12/10/21. See link:
http://dhcd.dc.gov/service/rfps-rfas-sfos.
THIS IS TO CERTIFY
that all applicable provisions of the District of Columbia Business
Organizations Code (Title 29) have been complied with and accordingly, this
CERTIFICATE OF
GOOD STANDING
is hereby issued to
C E R T I F I C A T E
Harvard Court Owner, LLC
IN TESTIMONY WHEREOF I
have hereunto set my hand and caused the seal of this office to
be affixed as of
4/7/2025 4:13 PM
Business and Professional Licensing Administration
Tracking #:
cNDFpxMP
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF LICENSING AND CONSUMER PROTECTION
CORPORATIONS DIVISION
WE FURTHER CERTIFY
that the domestic entity is formed under the law of the District on
10/05/2022 ;
that all fees, and penalties owed to the District for entity filings collected through the
Mayor have been paid and Payment is reflected in the records of the Mayor; The entity's most
recent biennial report required by § 29-102.11 has been delivered for filing to the Mayor; and the
entity has not been dissolved.
This office does not have any information about the entity
¶
s
business practices and financial standing and this certificate shall not be construed as the entity
¶
s
endorsement.
Initial File #:
L00007478400
Entity Type:
LLC
The Foundation’ aa @PreseruingAmetca’sAfodeblaHousing WhoreYouLiveMatters
April8,2025
CertificateRegardingFederalTaxes
Thoundersignedherebycertifiesthatitiscurrentwithits[ederaltaxes,orhasworkedoutandiscurrentwithapaymentscheduleapprovedbythefederalgovernment.
HaryardCourtOwner, LLC,
a Districtof Columbia limitedliabilitycompany
By:— LlarvardCourtManager,LLCaDistrictofColumbialimitedliabilitycompanyitsManagingMember
By: ‘theNHP FoundationaDistrictofColumbianot-for-profitcorporationitsManagingMember
NOTARY:
TherebycertitythatonthisOX dayofApsil2025,ThaliLankinpersonallyeppearedandsignedthisdocumentandacknowledgedthathewastheChiefOperatingOfficerofTHENHPFOUNDATION,a DistrictofColumbianot-for-profitcorporation,theMANAGING MEMBERof HARVARD COURT MANAGER, LLC, a Districtof Columbia limitedliabilitycompany, the
MANAGINGMEMBER ofHARVARD COURTOWNER,LLC,aDistrictofColumbialimitedliabilitycompany.
State/County/DistrictofColumbia NotaryPublic:
[SEAL]
nhpfoundation.org,
GBSASTAQNGSTREET,SUITE4900 2020VERMONTAVENUE.iySUE600488 NSANGANONSTREET.SLITES206#396 N04ST,PAULSTREFTSUE128NEWYORK,wriat68 vasMer,D429008 ceeseo,wanor BATIMORE14021202
The FoundationPreserngAmerica'sArdableHousing Where You
Apu 8,2025 Harvard Court Owner LLC
‘TheundersignedherebycertifiesthattheHarvardCourtOwnee,LLC,iscurrentlynot,andwillnotbe,inviolationofDistrictofColumbiaCode§1-1163.34a,whichprovidesacoveredcontractorshallnotcontuibute10aprohibitedrecipientduringtheprohibitedperiod,
HarvardCourtOwner,LLC.aDistrictofColumbialimitedliabilitycompany
By: HarvardCourtManager,LLCaDistrictofColumbialimitedliabilitycompanyitsManagingMember
By: TheNHP FoundationaDistrictofColumbiavot-for-profitcorporationitsManagingMember
Title:ChiefOperatingOfficer
NOTARY!
Therebycertifythatonthisair dayofApr!2025,ThaliaLankinpersonallyappearedandsignedthisdocumentandacknowledgedthathewastheChiefOperatingOfficerofTHENHPFOUNDATION,aDistrictofColumbianot-for-profitcorporation,theMANAGING MEMBERofHARVARD COURTMANAGER,LIC,aDistrictofColumbialimitedliabilitycompany,theMANAGING MEMBER of ITARVARD COURT OWNER, LLC, a Districtof Columbia limited
abilitycompany.
State/County/DistrictofColumbia NotaryPublic:
ame:
ISEAL]
NEWYORK,HEADQUARTERS ‘WASHINGTON,DPATTIC cealeagooFnicE1192EAST42NDSTREET,SUM3500 11090VERMONTAVEKUE,NA,SUTE400 150/N.MICHIGANAVENUE,SUITE2800,NEWYORK,NY20866»606.238.4900 WASHINGTON,OC20008+202.788.6300COHICAGA,WLGOED+312.216.5108
LiveM
The Foundation’ aa @PreservingAmeria’MordabeHousing ‘WhereYouLiveMatters
April8,2025 CertificateRegardingNoPendingLitigation
‘TheundersignedherebycertifiesthatthecontractorhasnopendingclaimsagainsttheDistrict,
HarvardCourtOwner,LLC,aDistrictofColumbialimitedliabilitycompany
By: ilarvardCourtManager,LLC
aDistrictofColumbialimited
itsManagingMember
ilitycompany
By: TheNHP Foundation4DistrictofColumbianot-for-profitcorporationitsManagingMember
Title:ChiefOpevatingOfficer
NOTARY:
herebycertifythatonthisa dayofApril2025,ThaliaLankinpersonallyappearedandsignedthisdocumentandacknowledgedthathewastheChiefOperatingOfficerofTHENHPFOUNDATION,aDistrictofColumbianot-for-profitcorporation,theMANAGING MEMBERof HARVARD COUR MANAGIR, LLC, a Districtof Columbia limited liabilitycompany, the
MANAGING MEMBERof HARVARD COURTOWNER,LLC,aDistrictofColumbialimitedliabilitycompany,
State/Coumty/DistrictofColumbia NotaryPublic:
unhpfoundation.org
NeevoRKMEADQUARTERS ‘wasminar0R,Be ‘tens PALMORE{22EAGT4QNOSTAEET.SUITE4900 O90VERNONAVENUE,MNSUE400 «ASINSANRAMONSTREET,SUTES2004SoD 4801ST,PAULSTREET.SUE128,NEWYORK.Wr16188 swesiaTen,0220008 cHCAGD60507 RITINGRE,MD21707
a NHP I I • I Q --
Where You Live Matters
April 8, 2025
AFFIDAVIT
SIGNED AFFIDAVIT ATTACHED
I, Thalia Lankin, hereby attest that all members of the team, who are listed below, are not listed
in the List of Parties Excluded from Federal Procurement or Non-Procurement Programs.
DEVELOPMENT TEAM
Owner: Harvard Court Owner, LLC
Management Agent: WinnCompanies
Attorney: Reno & Cavanaugh, PLLC
Engineer(s): AMT Engineering
Architect(s): Shalom Baranes Associates, PC
General Contractor: McCullough Construction, LLC
I further attest that no principal, major stockholder, officer, or director of the team is debarred
from participating in a federal procurement or non-procurement program.
NOTARY:
nhpfoundatlon.org
NEW YORK HEADQUARTERS
122 EAST 42ND STREET, SUITE 4900
NEW YORK. NY 10168
WASHINGTON, DC
Harvard Court Owner, LLC,
a District of Columbia limited liability company
By: Harvard Court Manager, LLC
a District of Columbia limited liability company
its Managing Member
By: The NHP Foundation
a District of Columbia not-for-profit corporation
its Managing Member
-1J-__ � ���:---
Title: Chief Operating Officer
CHICAGO BALTIMORE
1090 VERMONT AVENUE, NW, SUITE 400
WASHINGTON, DC 20005
159 N SANGAMON STREET. SUITES 200 & 300
CHICAGO, IL 60607
1501 ST. PAUL STREET, SUITE 128
BALTIMORE, MD 21202
TherebycertifythatonthisB*" dayofApril2025,ThaliaLankinpersonallyappearedandsignedthisdocumentandacknowledgedthatshewastheChiefOperatingOfficerofTHENHPFOUNDATION,aDistrictofColumbianot-for-profitcorporation,theMANAGING MEMBER
ofHARVARD COURTMANAGER, LLC,aDistrictofColumbialimitedliabilitycompany,the
MANAGING MEMBER of HARVARD COURT OWNER, LLC,a Districtof Columbia limited
liabilitycompany.
State/County/DistrictofColumbia
*
*
* GovernmentoftheDistrictofColumbia
MEE (OfficeoftheChiefFinancialOfficer 11014%Street,SW— Ee Washington,DC20024
DateofNotice:April9,2025 NoticeNumber:0014005775 =
HARVARD COURT OWNER, LLC FEIN: **-***1517,
122 E 42ND ST #4900 Case ID: 18556719
NEWYORKNY 10168-0002
CERTIFICATE OF CLEAN HANDS
AsreportedintheCleanHandssystem,theabovereferencedindividual/entityhasnooutstandingliabilitywiththeDistrictofColumbiaOfficeofTaxandRevenueortheDepartmentofEmploymentServices.Asofthedateabove,theindividual/entityhascompliedwithDCCode§47-2862,thereforethisCertificateofCleanHandsisissued.
TITLE 47. TAXATION, LICENSING, PERMITS, ASSESSMENTS, AND FEES
CHAPTER 28 GENERAL LICENSE
SUBCHAPTER II.CLEAN HANDS BEFORE RECEIVING A LICENSE OR PERMIT
D.C. CODE § 47-2862 (2006)
§47-2862PROHIBITIONAGAINST ISSUANCE OF LICENSEOR PERMIT
AuthorizedBy Melinda Jenkins
Branch Chief,Collectionand Enforcement Administration
Tovalidatethiscertificate,pleasevisitMyTax.DC.gov.OntheMyTaxDC homepage,clickthe“Validate a Certificateof Clean Hands” hyperlink under the Clean Hands section.
11014thStreetSW,SuiteW270,Washington,DC20024/Phone:(202)724-S048/MyTax.DCgov
MEMORANDUM
TO:
FROM
:
DATE
:
SUBJECT:
Keith Pettigrew
Executive Director
Anton Shaw
Sr. Vice President, Housing Choice Voucher Program
Andrea Powell
Deputy General Counsel - Real Estate and Business
April 28, 2025
Local Rent Supplement Program – Agreement to Enter into a Long-Term Subsidy Contract between
the District of Columbia Housing Authority and Harvard Court Owner, LLC
This memorandum responds to a request that the Office of the General Counsel review the proposed Agreement to
Enter into a Long -Term Subsidy Contract (“ALTSC”) between the District of Columbia Housing Authority (“DCHA”) and
Harvard Court Owner, LLC (the “Owner”) for legal sufficiency:
Proj
ect:
Har
vard Court Owner Apts –
The NHP Foundation (“NHPF”) proposes to construct Harvard Court Apartments, a 108-unit affordable housing project
on Harvard Street NW with units reserved for families earning not greater than thirty percent ( 30%) and fifty percent
(50%) of area median income. Twenty-two (22) units, or twenty percent (20%), of the one hundred eight (108) total units
will be permanent supportive housing units. The site is currently used as a surface parking lot for the Columbia Heights
Village Apartments and is located immediately behind the 10-story high-rise which fronts on 2900 14th Street NW. The
land is owned by Harvard Court Owner, LLC (the “Current Owner”). NHPF has site control as the managing member of
the managing member of the Current Owner.
The H
arvard Court site was subdivided from the original Columbia Heights Village Apartments high rise property.
Columbia Heights Village Apartments was originally purchased by NHPF in a joint venture with the Columbia Heights
Village Tenant Association and Change All Souls Housing Corporation, a local non-profit, in order to preserve Columbia
Heights Village’s existing affordable housing units while also looking for opportunities to add affordable housing units
within the Columbia Heights Village footprint. The financing being requested includes tax-exempt bonds, 4% LIHTCs,
and DC LIHTCs.
Project ownership has engaged in preliminary discussions with DC DHCD on, and intends to enter into, an agreement
for a sale of the land to DC DHCD and a ground lease back to Harvard Court Owner, LLC. Project ownership has also
dis
cussed the above -referenced plan with its intended equity and debt partners, all of whom are comf orta ble with the
proposed transaction, including an unsubordinated ground lease.
The site is currently used as a surface parking lot for the Columbia Heights Village Apartments and is located immediately
behind the 10-story high -ri se which fronts 2900 14th Street N W. The proposed new building will have two levels of
pa
rking composing eighty-five (85) spaces. The parking will be sufficient to more than exceed the parking requirements
of the new building, and it will replace 100% of the existing sixty-five (65) surface parking spaces that would otherwise
be lost to the residents of Columbia Heights Vi llage. The first floor above grade will be designed to activate the urban
landscape with management, permanent supportive housing services and resident services offices, and common area
space
s (including shared outdoor space between Harvard Court and Columbia Heights Village) facing Harvard Street.
The majority of the first floor that is tucked behind the first-fl oor offices will be structured parking. Above the first floor,
the
new building will have six residential floors. The first level of below grade parking plus the first two floors above
grade
will be concrete podium construction. The next five levels will be constructed with light-gauge metal framing and
hybrid concrete-metal dovetail decks.
The project will set aside twenty pe r cent (20%) of the total unit count (22 in total) as Permanent Supportive Housing
units
restricted to re sidents not earning greater than thirty percent ( 30%) of area median income. The project will also
fe
ature ample community space for supportive and resident services providers, recreational activities and resident
progr
ams. Also, the proposed project is permitted under Inclusionary Zoning and this property meets the requirements of
Inclusionary Zoning.
DCHA proposes to provide a housing subsidy for twenty-two ( 22) units in the initial amount of 707,035.00 for a multi-
year term of twenty (20) years in support of the District’s Local Rent Supplement Program (“LRSP”) to provide affordable
ho
using units at 1425 Harvard Street, NW.
1) Description of the Contract
The Contract is an ALTSC to provide operating subsidy for rental assistance to be provided by DCHA on affordable housing
units owned and operated by the Owner pursuant to the Local Rent Supplement Program established under Title II of
the Fiscal Year 2007 Budget Support Act of 2006.
2) Procurement Process
In September of 2021, the District of Columbia’s Department of Housing and Community Development (“DHCD”)
issued a Request for Proposals (“RFP”) regarding the availability of funds from multiple district agencies, including
DCHA,
DHCD, the Department of Behavioral Health, the Department of Human Services, and the District of Columbia
Housing Finance Agency. Of the twenty-one (21) total proposals received, eleven (11) developers were chosen to work
with DCHA and others to develop affordable housing and permanent supportive housing units for extremely low-
income families making zero to thirty percent of the area’s median income, as well as the chronically homeless and
individuals with mental or physical disabilities throughout Washington, DC.
Afte
r meeting th e requirements for DHCD review a nd LRSP subsidy eligibilit y, proposals were evaluated on various
underwriting and prioritization criteria including financial feasibility, project sustainabilit y, development team capacit y,
amount of c apital requested, non profit participation, and furthera nce of the development of affordable housing.
Additionally, DCHA has determined that the proposed project meets the District of Columbia’s Consolidated Plan and
the Mayor’s goal for providing affordable housing opportunities in neighborhoods.
3) Legal Review
Prior to April 28, 2025, the Office of the General Counsel reviewed the Contract for legal sufficiency. The review
indicates a competitive process was followed in making the award to the Owner. Additiona lly, it was
determined that the proposed contractor is not currently debarred from providing services or goods to the District
or federal government. The review of the Contract indicates that it is legally sufficient.
As the Contract is for a term of twenty (20) years and the Contract will be funded with District of Col umbia funds, the
Contract must be submitted to the District of Columbia Council for review and approval in accordance with D.C. Code
Section 2-352.02.
APPROVED AS TO LEGAL SUFFICIENCY:
And
rea Powell
Deputy General Counsel - Real Estate and Business
{CFO CERTIFICATIONS -}
CERTIFICATIONS
In re
liance upon the attached February 26, 2025 Funding Certification from the Office of Chief
Finance Officer of the District of Columbia and the February 26, 2025 Letter of Commitment from
the District of Columbia Housing and Community Development (“DHCD”) that DHCD has
sufficient appropriated funds in the financial plan for the District of Columbia’s Fiscal Year 2025
to fund, among other matters, the Local Rent Supplement payments in relation to the project known
as The Harvard Court Apartments located at 1425 Harvard Street, NW , I hereby certify tha t the
proposed Agreement to Enter into a Long Term Subsidy Contract (“ALTSC”) between District of
Columbia Housing Authority (“DCHA”) and Harvard Court Owner, LLC to provide an annual
subsidy for twenty-two (22) affordable housing units, for a term of twen ty (20) years, is in
compliance with the applicable Federal and District of Columbia (the “District”) Regulations and
the DCHA’s policies and procedures.
__________________________________
Keith Pettigrew
______________________________
Date: April 28, 2025
Execu
tive Director, DCHA
I ha
ve reviewed this proposed ALTSC action. I have determined, based upon the February 26,
2025 Funding Certification from the Office of Chief Financial Officer of the District and the
February 26, 2025 Letter of Commitment from DHCD, that upon the District’s release of the Local
Rent Subsidy Program funds and the satisfaction of all requirements of the Long- Term Subsidy
Contract, DCHA will make available an initial annual subsidy amount of up to Seven Hundred
Seven Thousand Thirty-Five Dollars and Zero Cents ($707,035.00 ). This action is within DCHA’s
apportionment and budget authority, and is within the District’s Financial Plan and Budget for
FY2025, and such funds are available for administration by DCHA to support the action.
____________________________________
Heath
er Mueller
Chief Financial Officer, DCHA
____ _________________________
Date: April 28, 2025
February 26, 2025
eatad——s
GOVERNMENT OF THE DISTRICT OF COLUMBIA.
DEPARTMENTOFHOUSINGANDCOMMUNITYDEVELOPMENT
wae d
OfficeoftheDirector
TO; Heather Mueller
ChiefFinancialOfficerDistrictofColumbiaHousingAuthority
FROM: BethSpoonerAgencyFiscalOfficerDepartmentofHousingandCommunityDevelopment
BethanySpooner2isestrtarorsesra
DATE: February26,2025
SUBJECT:— CertificationofFundingAvailabilityforLocalRentSupplement—HarvardCourtApartments
ThismemorandumcertifiesthattheDepartmentofHousingandCommunityDevelopmenthas$530,727inthefinancialplanforfiscalyeur2027tofundproject-basedLocalRentSupplementProgramvouchersinclusiveofadministrationfees)inrelationtotheHarvardCourtApartmentsproject.‘ThisamountreflectstheestimateofwhatisneededbasedontheprojectedIease-update.Thefullyearcostof$707,035isalsoavailableinthefinancialplanforfisealyear2028,toincludetheadministrativefeeof$49,939andthevouchercostof$657,096.
‘Theavailabilityoffundsissubjecttofisealyear2027and2028appropriationsandiscontingentuponpassageof the FY 2027 and FY 2028 budgets.
Pleasecontactmeon202-442-7173ifyouhaveanyquestions.
RESOLUTION 25-09
TO AUTHORIZE THE SUBMISSION TO THE COUNCIL OF THE DISTRICT OF
COLUMBIA OF AGREEMENT TO ENTER INTO LONG TERM SUBSIDY CONTRACT
FOR PROJECT AWARDED IN DHCD’S FY 22 RFP IN SUPPORT OF THE
CREATION OF AFFORDABLE HOUSING IN THE DISTRICT OF COLUMBIA
WHEREAS, the District of Columbia Housing Authority (DCHA) seeks to support
the increase in the supply of affordable housing in the District of Columbia; and
WHEREAS, under the statute governing the Local Rent Supplement Program
(LRSP), LRSP is expressly for households with incomes (upon admittance) at or below
thirty percent (30%) of the District area median income; and
WHEREAS, DCHA is responsible for adminis tering the Local Rent Supplement
Program (LRSP) project -sponsor based subsidy in accordance with its statutory and
regulatory requirements; and
WHEREAS, on September 30, 2021, District of Columbia Department of Housing
and Community Development (DHCD) issued a Consolidated Request for Proposals for
Affordable Housing Projects (RFP) to support projects that would result in the increase of
the supply of decent, affordable rental and homeownership housing in the District of
Columbia; and
WHEREAS, DHCD issued a notice to certain respondents to the RFP advising that
their proposals would move forward for further review by the agency responsible for
administering the applicable funding source as funds became available; and
WHEREAS, per the Budget Support Act for Fiscal Year 2022, DHCD is the agency
responsible for the selection and underwriting of projects for recommendations under the
RFP and DHCD provided to DCHA the required letter of commitment in November 2024,
which was then approved as part of Resolution 24-53
WHEREAS, DHCD’s initial funding commitment, as submitted in November 2024
reflected rents from 2022 and has now been updated to reflect current, rent reasonable,
rents and is set forth on Attachment 1 hereto and incorporated into this Resolution; and
WHEREAS, all awards of LRSP are subject to final review by DCHA to ensure the
awards comply with DCHA’s Administrative Plan, the LRSP regulations and the governing
law for administering the LRSP program and satisfaction of the LRSP program
requirements by each respondent; and
RESOLUTION 25-09
TO AUTHORIZE THE SUBMISSION TO THE COUNCIL
OF THE DISTRICT OF COLUMBIA OF AGREEMENT
TO ENTER INTO LONG TERM SUBSIDY CONTRACT
FOR PROJECT AWARDED IN DHCD’S FY 22 RFP IN
SUPPORT OF THE CREATION OF AFFORDABLE
HOUSING IN THE DISTRICT OF COLUMBIA
WHEREAS, DCHA receives a fee equal to 7.6% of the LRSP contract amount to
administer the LRSP program; and
WHEREAS, the Board of Commissioners of DCHA on December 11, 2024
approved Resolution 24-53 which authorized the Executive Director of DCHA to take all
such actions to execute all such required documents, and to make any required
submissions to the DC Council for the approval of the ALTSC contract for the project set
forth on Attachment 1 based on supporting funding of $349,702; and
WHEREAS, on February 26, 2025 DHCD provided an updated funding
certification reflecting an update in the contract rents for the 22 units for the project listed
in Attachment 1 that increase the total budget to $707,035; and
WHEREAS, DCHA confirmed that the proposed DHCD updated rents are rent
reasonable and will be supported by this funding change; and
WHEREAS, Resolution 24 -53 approved on December 11, 2024 will now be
replaced by Resolution 25-09 to reflect a change in funding amount as set forth in the
Attachment 1; and
WHEREAS, DCHA seeks to authorize any required submissions to the Council of
the District of Columbia (DC Council) to obtain all required legislative approvals; and
NOW, THEREFORE, BE IT RESOLVED, that the Board of Commissioners of
DCHA hereby authorizes the submission to the DC Council of the Agreement to Enter
into Long -Term Subsidy Contract (ALTSC) for the Fiscal Year 2022 LRSP Project
awarded by DHCD as set fort h in the Attachment 1 expressly incorporated into this
Resolution.
BE IT FURTHER RESOLVED, the Board of Commissioners hereby authorizes the
Executive Director of DCHA to take all such actions to execute all such required
documents, and to make any required submissions to the DC Council for the approval of
the ALTSC contracts and the use of the LRSP funds appropriated from the DC Council.
RESOLUTION 25-09
TO AUTHORIZE THE SUBMISSION TO THE COUNCIL
OF THE DISTRICT OF COLUMBIA OF AGREEMENT
TO ENTER INTO LONG TERM SUBSIDY CONTRACT
FOR PROJECT AWARDED IN DHCD’S FY 22 RFP IN
SUPPORT OF THE CREATION OF AFFORDABLE
HOUSING IN THE DISTRICT OF COLUMBIA
ADOPTED, by the Board of Commissioners and signed in authentication of its
passage the 9th of April 2025.
ATTEST: APPROVED:
Keith L. Pettigrew Raymond Skinner
Executive Director/Secretary Chairperson
APPROVED FOR FORM AND LEGAL SUFFICIENCY:
Amy M. Glassman
Senior Vice President & General Counsel
RESOLUTION 25-09
TO AUTHORIZE THE SUBMISSION TO THE COUNCIL
OF THE DISTRICT OF COLUMBIA OF AGREEMENT
TO ENTER INTO LONG TERM SUBSIDY CONTRACT
FOR PROJECT AWARDED IN DHCD’S FY 22 RFP IN
SUPPORT OF THE CREATION OF AFFORDABLE
HOUSING IN THE DISTRICT OF COLUMBIA
Attachment 1
Project Developer Address Ward Total
units
Units to Receive
LRSP
Operating
Subsidy
Initial Year
LRSP
Harvard Courts The NHP
Foundation
2900 14th
Street NW,
Washington,
DC 20009
1 109 22 $707,035.00
DHCD RFP - Total 109 22 $707,035.00
GOVERNMENT OF THE DISTRICT OF COLUMBIA
PROFILE SUMMARY
(
CONTRACTs TO PURCHASE, SELL, ACQUIRE, TRANSFER, LEASE OF REAL
PROPERTY/ EXCLUSIVE RIGHT AGREEMENTs/LOANs & GRANTs OVER $1M/INTRA-
DISTRICTs)
C
ontracting Agency: District of Columbia Housing Authority Agency Code:
Using Agency: District of Columbia Housing Authority Agency Code:
Loan/Grant/Lease Sub-recipient Name: Harvard Court Owner, LLC
I .D. #: 2025-LRSP-04A
S
hould the D.C. Council have any questions regarding this loan/grant/lease, please contact:
Hammere Gebreyes 202-848-1076
Program Manager Telephone Number
TYPE OF DOCUMENT SUBMITTED
1. Loan/Grant/Lease Modification 4. Unwritten or Informal Contract
2. Exercise of Grant Option Year (E. O.) 5. Lease of Real Property
3. Loan/Grant/Lease Agreement for: 6. Other:
ALTSC Housing Subsidy
__________________________________
LOAN/GRANT TYPE
1. Subsidy – LRSP Housing Subsidy 4. Cost Reimbursement
2. Loan Price
5. Time and Material
3. Task Order 6. Advance Payment
GRANT/LOAN/LEASE INFORMATION
G
rant/Loan/Lease No. : DCHA Subsidy: $707,035.00
Subsidy Amt. Required This FY: $707,035.00 Amt. Required Next FY: N/A
C
aption: Harvard Court Owner, LLC Term: 20 year term
D
oes this Housing Subsidy Amount exceed $1 million: Yes No
I
f yes, please attach a copy of the DC Council approval and provide the following information:
Date received:__________________ Date approved:
L
EASE INFORMATION - N/A
Lease No.:______________________ Total Cost
Location:_______________________ Annual Cost
Sq. Ft. Leased: __________________ Cost Per Sq. Ft.
Total Bldg. Sq. Ft.:_______________ % Sq. Ft. Leased By D.C.
BRIEF DESCRIPTION OF GRANT/LOAN/LEASE
SOURCE OF FUNDING
1. Appropriated
Local Rent Supplement Program
4. Intra -District
2. Capital 5. Inter-Jurisdictional
3. Grant ( ) 6. Other: (Indicate: ) HPTF
If procurement action is funded by grant or other non-capital or non-appropriated funds, will the
District need to expend some portion of its funds prior to receiving funds from the grantor or
other funding source?
Yes No X - NOT APPLICABLE
I
f Yes, indicate the amount the District will need to expend and the percentage this amount
represents of the total funds required to support the effort. District Funds $
%______________________.
{0035002 -}
Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 1 of 38
[Harvard Court Apartments] (1425 Harvard Street, NW)
AGREEMENT TO ENTER INTO District of Columbia Housing Authority (DCHA)
LONG TERM SUBSIDY Local Rent Supplement Program (LRSP)
CONTRACT P ROJECT-BASED ASSISTANCE
CO
NTRACT NO: 2025-LRSP-04A
Project Name:
Harvard Court Apartments
1425 Harvard Court NW, Washington, DC 20005
D
istrict of Columbia Housing Authority
Local Rent Supplement Program
Project-Based Assistance
PART I OF THE
AGREEMENT TO ENTER INTO LONG TERM SUBSIDY CONTRACT
This Agreement to Enter Into Long Term Subsidy Contract (“Agreement”) is entered into
between the District of Columbia Housing Authority (“DCHA”), and Harvard Court Owner,
LLC (“Owner”).
Recitals
This Agreement is entered into pursuant to the Local Rent Supplement Program
(“LRSP”) established by DCHA pursuant to Title II of the Fiscal Year 2007 Budget Support
Emergency Act of 2006, effective August 8, 2006, (D.C. Act A16-0476; 53 DCR 7068), which is
the D.C. Housing Authority Rent Supplement Act of 2006, as amended or as provided in
subsequent appropriation authority of the District of Columbia.
The LRSP has been established to provide residents of the District of Columbia, project-
based rental subsidy for families whose gross income initially does not exceed 30% of the area
median income, as adjusted for household size. As set forth in the Agreement, the Owner agrees
to complete the work on units(s) in accordance with Exhibit B. When the work is complete, the
Owner and DCHA will enter into a Project-Based Long Term Subsidy Contract (“LTSC”) which
will allow the Owner to receive housing assistance payments from DCHA for such units so that
they may afford to rent the unit(s) to eligible families.
1. G eneral Provisions.
1.1 Significant Dates: Contents of Agreement.
A. Effective Date of Agreement: ____________, _____, 2025
{0035002 -}
Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 2 of 38
[Harvard Court Apartments] (1425 Harvard Street, NW)
B. Date of Commencement of Work. The date for commencement of work is not later than
60 calendar days after the effective date of this Agreement.
C. Time for Completion of Work. The date for completion of work is not later than
540 d ays from the effective date of this Agreement.
D. Contents of Agreement. This Agreement consists of Part I, Part II, and the
following exhibits:
E
xhibit A: The approved Owner’s Application.
E
xhibit B: Description of work to be performed under this Agreement. (If this
Agreement is for rehabilitation of units, this exhibit shall contain the
rehabilitation work write up and where determined necessary by the
DCHA, specifications and plans. If this Agreement is for new
construction, this exhibit shall contain the drawings and specifications.)
E
xhibit C: Identification of units by size and applicable LRSP subsidy payment per unit.
E
xhibit D: Form of Long Term Subsidy Contract (“LTSC”)
E
xhibit E: The schedule of completion of stages, if applicable. (This exhibit
shall identify the units in each stage.)
E
xhibit F: Architect’s Certification
E
xhibit G: Davis Bacon Wage Schedule
A
dditional Exhibits: NONE
This Agreement, including the exhibits, is the entire Agreement between the
DCHA and Owner.
E. Nature of Work. (Check which is applicable.)
[ ] This Agreement is for rehabilitation of units to be assisted by project-
based assistance under the Local Rent Supplement Program.
[X] This Agreement is for new construction of units to be assisted by project-based
assistance under the Local Rent Supplement Program.
1.2 Applicability of Part II Provisions.
1.2.1 Training, Employment and Contracting Opportunities for Businesses and Lower-Income
Persons. (Applies if the total of Contract Rents for all units under the proposed Contract, over the
minimum term of the Contract, is more than $500,000 or $2,778 per month).
{0035002 -}
Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 3 of 38
[Harvard Court Apartments] (1425 Harvard Street, NW)
[X] A pplicable [ ] Not Applicable
1.2.2 Equal Employment Opportunity. (Applies only to construction contracts of more than
$10,000.)
[X] A
pplicable [ ] Not Applicable
1.2.3 Clean Air Act and Federal Water Pollution Control Act. (Applies if the total of Contract
Rents for all units under the Contract, over the maximum term of the Contract, is more than
$100,000 or $556 per month).
[X] A
pplicable [ ] Not Applicable
1.2.4 Labor Standards Requirements. (Section 2.4, 2.8 and 2.10 apply when this Agreement
covers nine or more units.) 2.8 Wage Claims and Adjustments; 2.10 Evidence of Unit(s)
Completion; Escrow.
[
X] A
pplicable [ ] Not Applicable
1.2.5 Flood Insurance. (Applies if units are located in areas having special flood hazards and in
which flood insurance is available under the National Flood Insurance Program.)
[
] Applicable [X ] Not Applicable
1.3. DCHA Assurance to Owner.
D
CHA warrants that it is a “Public Housing Agency” as defined in the U.S. Housing Act of 1937,
that it is authorized to execute the Agreement in accordance with rules, regulations, and laws
applicable to the LRSP.
1.4. Schedule of Completion.
A. Timely Completion of Work. The Owner agrees to begin work no later than the date for
commencement of work as stated in Section 1.1.B. In the event the work is not
commenced, diligently continued, and completed as required under this Agreement,
D
CHA may terminate this Agreement or take other appropriate action. The Owner agrees
to report promptly to DCHA the date work is commenced and furnish DCHA with
pr
ogress reports as required by DCHA.
B. Time for Completion. All work must be completed no later than the end of the period
stated in Section 1.1.C. Where completion in stages is provided for work related to units
included in each stage shall be completed by the stage completion date in Exhibit E, and
a
ll work on all stages must be completed no later than the end of the period stated in
S
ection 1.1.C.
C. Delays. If there is a delay in the completion due to unforeseen factors beyond the
Owner’s control as determined by DCHA, DCHA agrees to extend the time for
{0035002 -}
Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 4 of 38
[Harvard Court Apartments] (1425 Harvard Street, NW)
completion for an appropriate period as reasonably determined by DCHA. In the case of
such delays, DCHA may, in its sole discretion, reduce the term of the LTSC so that the
LTSC term does not extend beyond the last date for the District funding authority from
which the LTSC is to be funded.
1.5. Construction Period .
A. Establishment of Initial Contract Rent.
1. T
he initial Contract Rent for each unit may in no event exceed that which is
authorized in accordance with LRSP rules, regulations, and requirements.
2. T
he Contract Rents stated in Exhibit C of this Agreement will be the initial
C
ontract Rents specified in the LTSC, unless a lower initial Contract Rent is
established by DCHA in accordance with paragraph B of this section, or Section
1.14A
of this Agreement. The initial Contract Rents stated in Exhibit C of this
Agreement shall not be increased for any reason, including changes in the work.
B. Establishment of Lower Initial Contract Rent.
1. Excessive Rent. Where the initial Contract Rent for any unit would
otherwise exceed the amount authorized in accordance with LRSP rules,
r
egulations and requirements, DCHA shall establish a lower initial Contract Rent
in accordance with such rules, regulations and requirements. Such lower rent
shall be established at the amount determined by DCHA.
2. Changes in the Work.
(
a) The Owner must obtain prior DCHA approval for any change from the
work specified in Exhibit B which would have a material adverse
effect on the design or quality of the rehabilitation or construction.
D
CHA is not required to approve any changes requested by the Owner.
D
CHA approval of any change may be conditioned on establishment
of lower initial Contract Rent at the amounts determined by the LRSP.
(
b) If the Owner makes any changes in the work without prior DCHA
approval, DCHA may establish lower initial Contract Rents at the
amounts determined by the LRSP.
C. Referrals from Owner. At least sixty (60) days prior to the scheduled completion of the
work described in Exhibit B (where completion in stages is provided, sixty days prior to
c
ompletion of each stage), the Owner shall notify DCHA in writing of the proposed
e
ligible and appropriate-sized families from the Owner’s site- based waiting list to be
hous
ed in the units to be covered by the LTSC. If Owner does not have sufficient eligible
and appropriate sized families from the Owner’s site-based waiting list, Owner shall
request in writing for applicant referrals from DCHA’s waiting list
{0035002 -}
Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 5 of 38
[Harvard Court Apartments] (1425 Harvard Street, NW)
D. Prohibition Against Displacement of Residential Tenants from Assisted Units. The
Owner agrees that work on any unit to be subsidized with assistance under the LTSC
shall not result in the displacement of residential tenants from the units to be subsidized.
If a residential tenant is displaced through a waiver of this requirement, in violation of
this requirement, the Owner shall provide relocation assistance for displaced persons in
accordance with the regulations which implement the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 and any applicable laws and regulations
of the District of Columbia.
E. Temporary Relocation. The Owner agrees that lawful residential tenants shall not be
required to move temporarily from a structure or complex unless:
1. The Owner has given the tenants thirty (30) days advance written notice and
appropriate advisory services;
2. Decent, safe, and sanitary temporary housing is available;
3. The temporary relocation period will not exceed 12 months; and
4. The Owner reimburses tenants for reasonable out-of-pocket expenses incurred in
connection with the temporary relocation, including moving costs to and from
temporary housing and increases in monthly housing costs.
These requirements apply only to lawful residential tenants (but not to owner-occupants
or businesses) who are temporarily relocated following submissions of the Owner’s
application to DCHA. The requirements do not apply to tenants who commence
occupancy after the Owner’s submissions of an application if, before they commence
occupancy, they are provided written notice from the Owner of the impending work and
possible temporary relocations, or whose tenancy is terminated for cause based upon a
serious or repeated violation of material terms of the lease or occupancy agreement.
F. Inspections. DCHA may inspect the work during rehabilitation or construction to ensure
that work is proceeding on schedule, is being accomplished in accordance with the terms
of the Agreement, meets the levels of material described in Exhibit B, and meets typical
levels of workmanship in the area; provided however, DCHA shall not be under any
obligation to perform inspections of the rehabilitation or construction of the units. Upon
receipt of the items which satisfy the requirements of this Agreement, including the items
in Sections 1.6C and 2.10 below, DCHA will perform the inspection to determine
whether the Contract Units meet Housing Quality Standards (HQS).
1.6. Work Completion.
A. Conformance with Exhibit B. The completed work must be in accordance with Exhibit
B. The Owner is solely responsible for completion of the work.
B. Notification of Completion. The Owner agrees to notify DCHA when the work is
completed and to submit to DCHA the items described in paragraph C of this section.
{0035002 -}
Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 6 of 38
[Harvard Court Apartments] (1425 Harvard Street, NW)
C. Evidence of Completion. When the work is completed, the Owner must provide DCHA
with the following:
1. A certificate of occupancy and other official approvals as required by the
applicable laws and regulations of the District of Columbia.
2. A certification by the Owner that:
(a) The work has been completed in accordance with the requirements of
this Agreement;
(b) There are no defects or deficiencies in the work except for items of
delayed completion which are minor or which are incomplete because
of weather conditions and, in any case, do not preclude or affect
occupancy;
(c) The unit(s) has been rehabilitated or constructed and is in accordance
with applicable zoning, building, housing and other codes, ordinances
or regulations, as modified by any waiver obtained from appropriate
officials;
(d) Any unit built prior to 1978 is in compliance with applicable HUD
Lead Based Paint regulations; and
(e) If Labor Standards Requirements are applicable, the Owner has
complied with the requirements of Sections 2.10 of this Agreement.
D. Review and Inspection.
1. After receipt of the evidence of completion, DCHA agrees to review the evidence
of completion for compliance with paragraph C of this section and, if applicable,
Section 2.10.
2. At DCHA’s option, a DCHA representative may inspect the unit(s) to be assisted
to determine that the work has been completed in accordance with the
requirements of this Agreement. If the inspection discloses defects or
deficiencies the inspector will report them to DCHA with sufficient detail and
information for purposes of this section. Notwithstanding the foregoing, prior to
entering into a LTSC, DCHA will conduct an inspection of the units to determine
whether the units comply with Housing Quality Standards.
E. Acceptance. If DCHA determines from the review and inspection that all the work has
been completed in accordance with the requirements of this Agreement, the units(s) must
be accepted.
{0035002 -}
Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 7 of 38
[Harvard Court Apartments] (1425 Harvard Street, NW)
F. Acceptance Where Defects or Deficiencies Reported. If the work is not acceptable, the
following shall apply:
1. I
f there are any items of delayed completion which are minor items or which are
incomplete because of weather conditions and in any case which do not preclude
or affect occupancy and all other requirements of the Agreement have been met,
t
he units(s) may be accepted. If the Owner fails to complete items specified in
writing by the appropriate governmental agency or DCHA requiring completions
within the agreed time period, DCHA may terminate the Agreement or the LTSC
or exercise other rights under the Agreement or the LTSC.
2. I
f other defects or deficiencies exist, DCHA shall determine whether and to what
extent the defects or deficiencies are correctable, whether the unit(s) will be
accep
ted after correction of defects or deficiencies, and the requirements and
pr
ocedures for such correction and acceptance. Furthermore, DCHA shall
determine whether lower initial Contract Rents shall be established, and whether
the term of the LTSC shall be reduced. The Owner shall be notified of DCHA’s
d
ecision.
G. Notification of Non-acceptance. If DCHA determines that, based on the review of the
evidence of completion and inspection, any unit is not accepted, the Owner shall be
promptly notified of this decision and the reasons.
H. Completion in Stages. Where completion in stages is provided for, the procedures of this
section shall apply to each stage.
1.7. Execution of Long Term Subsidy Contract.
A. Time and Execution. Upon acceptance of the units by DCHA, the Owner and DCHA
agree to execute the LTSC.
B. Completion in Stages. Where completion in stages is provided for, the number and types
of units in each stage, and the initial Contract Rents for such units, shall be separately
shown in Exhibit A of the LTSC for each stage. Upon acceptance of the first stage, the
Owner shall execute the LTSC and the signature block provided in the LTSC for that
stage. Upon acceptance of each subsequent stage, the Owner shall execute the signature
bl
ock provided in the LTSC for such stage.
C. Form of LTSC. The terms of the LTSC shall be as provided in Exhibit D of this
Agreement. There shall be no change in the terms of the LTSC other than as provided in
this Agreement. Prior to execution by the Owner, all blanks in the LTSC shall be
completed by DCHA.
D. Survival of Owner Obligations. Even after execution of the LTSC, the Owner shall
continue to be bound by all Owner obligations under the Agreement.
{0035002 -}
Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 8 of 38
[Harvard Court Apartments] (1425 Harvard Street, NW)
1.8. Cooperation in Equal Opportunity Compliance and Other Reviews; Nondiscrimination.
A. The Owner and DCHA agree to cooperate with the Government of the District of
Columbia in the conducting of any compliance reviews and complaint investigations
pursuant to civil rights statutes, Executive Orders, and all applicable laws, rules and
regulations.
B. In carrying out of the obligations under this Agreement, the Owner will not discriminate
against any employee or applicant for employment because of race, color, religion,
national origin, sex, age, marital status, personal appearance, sexual orientation, gender
identity or expression, familial status, family responsibilities, matriculation, political
affiliation, genetic information, disability, source of income, and place of residence or
business.
C. The Owner will take affirmative action to insure that applicants are employed, and that
employees are treated during employment, without regard to their race, color, religion,
national origin, sex, age, marital status, personal appearance, sexual orientation, gender
identity or expression, familial status, family responsibilities, matriculation, political
affiliation, genetic information, disability, source of income, and place of residence or
business.
D. Such action shall include, but not be limited to, the following: employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising, layoff or termination; rates
of pay or other forms of compensation; and selection for training, including
apprenticeship.
E. The Owner agrees to post in conspicuous places, available to employees and applicants
for employment, notices to be provided setting forth the provisions of this
nondiscrimination clause. The Owner will in all solicitations or advertisements for
employees placed by or on behalf of the Owner state that all qualified applicants will
receive consideration for employment without regard to race, color, religion, national
origin, sex, age, marital status, personal appearance, sexual orientation, gender identity
or expression, familial status, family responsibilities, matriculation, political affiliation,
genetic information, disability, source of income, and place of residence or business.
F. The Owner will incorporate the foregoing requirements of paragraphs B through E in all
of its contracts for Project work, except contracts for standard commercial supplies or
raw materials, and will require all of its contractors for such work to incorporate such
requirements in all subcontractors for project work.
1.9. DCHA and Owner Relations to Third Parties.
A. Selection and Performance of Contractor.
1. DCHA has not assumed and does not assume any responsibility or liability to the
Owner or any other party for the performance of any contractor, subcontractor, or
supplier, whether or not listed by DCHA as qualified contractor or supplier under
{0035002 -}
Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 9 of 38
[Harvard Court Apartments] (1425 Harvard Street, NW)
the Program. The selection of a contractor, subcontractor, or supplier for
performance of the work is the sole responsibility of the Owner, and DCHA has
no involvement in any relationship between the Owner and any contractor,
subcontractor or supplier.
2. The Owner must select a competent contractor to undertake the rehabilitation or
construction. The Owner agrees to require from each prospective contractor a
certification that neither the contractor nor its principals is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from participation in contracts by the Comptroller General or any District
department or agency. The Owner agrees not to award contracts to, otherwise
engage the services of, or fund any contractor that does not provide this
certification.
B. Injury Resulting from Work under the Agreement. DCHA has not assumed and does not
assume any responsibility for or liability to any person, including a worker or a resident,
with respect to the unit undergoing work pursuant to this Agreement, injured as a result
of the work or as a result of any other action or failure to act by Owner, or any contractor,
subcontractor or supplier.
C. Legal Relationship. The Owner is not the agent of DCHA, and this Agreement does not
create or affect any relationship between DCHA and any lender to the Owner or any
suppliers, employees, contractors or subcontractors used by the Owner in the
implementation of the Agreement.
D. Exclusion of Third Party Claims. Nothing in this Agreement shall be construed as
creating any right of any third party to enforce any provision of this Agreement or the
LTSC, or to assert any claims against the Government of the District of Columbia,
DCHA or the Owner under the Agreement or the LTSC.
E. Exclusion of Owner Claims Against District of Columbia. Nothing in this Agreement
shall be construed as creating any right of the Owner to assert any claim against the
Government of the District of Columbia other than for the enforcement of this
Agreement.
1.10. Conflict of Interest.
A. Interest of Members, Officers, or Employees of DCHA, Members of Local Government
Body, or Other Public Officials. No present or former member or officer of DCHA
(except tenant-commissioners), no employee of DCHA who formulates policy or
influences decisions with respect to the LRSP or DCHA’s Housing Choice Voucher
Program, and no public official or member of a governing body or State or local
legislator who exercises functions or responsibilities or influences decisions with respect
to the LRSP, shall have any direct or indirect interest, during his or her tenure or for one
year thereafter, in this Agreement or the LTSC or in any proceeds or benefits arising from
the Agreement or LTSC.
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District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 10 of 38
[Harvard Court Apartments] (1425 Harvard Street, NW)
B. Disclosure. The Owner warrants that the Owner has disclosed to DCHA:
1. The identity of the Owner, developer, builder, architect, management agent (and
other participants) and the names of officers and principal members,
shareholders, investors, and other parties having a substantial interest in this
Agreement or the LTSC or in any proceeds or benefits arising from the
Agreement or LTSC; and
2. Any possible conflict of interest by any of these parties that would be a violation
of the Agreement or the LTSC.
The Owner shall fully and promptly update such disclosures.
1.11. Interest of Member or of Delegate to Congress.
No member of or delegate to the Congress of the United States of America or resident
commissioner shall be admitted to any share or part of this Agreement or to any benefits which
may arise therefrom.
1.12. Assignment of the Agreement or LTSC or Interest in It.
A. The Owner agrees that the Owner has not made and will not make any transfer in any
form, including any sale or assignment, of this Agreement or the LTSC or the property
without the prior written consent of DCHA. A change in ownership in the Owner, such
as a stock transfer or transfer of the interest of the investor member, is not subject to the
provisions of this section, except for such notice required in Section 1.12.C. Transfer of
the interest of a managing member of a limited liability company is subject to the
provisions of this Section 1.12.
Where the Owner requests the consent of DCHA for a transfer in any form, including any
sale or assignment, of this Agreement or the LTSC or the property, DCHA will review
the transferee’s previous participation in the Housing Choice Voucher Program and the
LRSP, if any. DCHA will consent to a transfer of the Agreement or LTSC pursuant to
paragraph A of this section if DCHA deems the transferee acceptable and the transferee
agrees in writing (in a form acceptable to DCHA) to comply with all terms of the
Agreement and LTSC, and if the transferee is acceptable to DCHA. DCHA’s criteria for
acceptance of the transferee will be no more restrictive than the initial acceptance of any
Owner under the program at the time of Owner’s request.
B. If an Owner proposes to pledge the Agreement or the LTSC as security for financing,
Owner shall obtain DCHA’s prior written consent of any assignment and submit all
financing documents to DCHA for review and approval. The loan documents submitted
shall contain no terms or requirements inconsistent with the Agreement or LTSC. Any
pledge of the Agreement or LTSC must be limited to the amounts payable under the
LTSC in accordance with the terms of the LTSC.
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District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
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[Harvard Court Apartments] (1425 Harvard Street, NW)
C. Owner may make any sale, assignment, or transfer of a passive, non-controlling interest
in the ownership entity (such as a stock transfer or transfer of the interest of a limited
liability company or limited liability partner); provided that Owner provides written
not
ification to DCHA within five (5) days of such transfer of interest. For any sale,
assignment, or transfer of any ownership interest in any general partner or managing
member of a limited liability company, Owner must obtain written consent from DCHA
prior to any transfer of interest in any general partner or managing member.
1.13. Owner Assurance to DCHA.
A. Disclosure of Other Government Assistance. The Owner shall disclose to DCHA
information regarding any related assistance from the Federal Government, a State, or a
uni
t of general local government, or any agency or instrumentality thereof that is made
av
ailable or is expected to be made available with respect to the Contract Units. Such
r
elated assistance shall include, but not be limited to, any loan, grant, guarantee,
i
nsurance, payment, rebate, subsidy credit, tax benefit, or any other form of direct or
indirect assistance. Rental subsidy payments under the LTSC shall not be more than is
ne
cessary, as determined by DCHA in accordance with LRSP requirements, to provide
affordable housing after taking account of such related assistance. DCHA shall adjust in
accordance with LRSP requirements the amount of the housing assistance payments to
t
he Owner to compensate in whole or in part for such related assistance.
B. Rehabilitation or Construction Financing. The Owner agrees not to rehabilitate or
construct the units with assistance under the U.S. Housing Act of 1937 (e.g., public
housing, the rental rehabilitation program, housing, development grants, Sections 11(b)
tax exempt bonds, or other Section 8 programs) or the flexible subsidy program. The
Owner warrants that the units were not rehabilitated or constructed with assistance under
the U.S. Housing Act of 1937 in the five years before execution of this Agreement.
C. Ownership. The Owner warrants that the property to be rehabilitated or constructed under
this Agreement is not owned by DCHA, or an entity controlled by DCHA.
1.14. Other Federal and Local Requirements.
T
he Owner shall comply with and shall be subject to all applicable federal and local
requirements, including the following, where applicable:
A.
Executive Order 12432, Minority Business Enterprise Development, and Executive Order
12138, Creating a National Women’s Business Enterprise Policy.
B.
Executive Order 11625, Prescribing Additional Arrangements for Developing and
C
oordinating a National Program for Minority Business Enterprises.
C. D
istrict of Columbia Municipal Regulations – Title 4: Human Rights and Relations;
Chapter 11: Equal Employment Opportunity Requirements in Contracts.
{0035002 -}
Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 12 of 38
[Harvard Court Apartments] (1425 Harvard Street, NW)
D. District of Columbia Municipal Regulations – Title 4: Human Rights and Relations;
Chapter 10: Housing and Commercial Space.
E. C
ode of Federal Regulations – Title 24: Housing and Urban Development; Part 24:
Government wide Debarment and Suspension (Non-procurement).
1.15. Lobbying Certifications.
T
he Owner hereby assures and certifies that:
A. N
o locally appropriated funds have been paid or will be paid, by or on behalf of the
Owner, to any person for influencing or attempting to influence an officer or employee of
DCHA or of any District agency, any public official, including the Mayor and his or her
Executive Staff or members of the Council of the District of Columbia in connection with
t
he awarding of any contract, grant or loan by the District or DCHA as the case may be,
t
he entering into of any cooperative agreement, and the extension, continuation, renewal,
a
mendment, or modification of any District or DCHA contract, grant, loan, or
cooperative agreement.
B. I
f any funds other than the District appropriated funds have been paid or will be paid to
a
ny person for influencing or attempting to influence an officer or employee of any
D
CHA or District agency, any public official, including the Mayor and his or her
Executive Staff or members of the Council of the District of Columbia in connection with
t
his District contract, grant, loan, or cooperative agreement, the Owner shall complete
and submit standard form LLL, “Disclosure Form to Report Lobbying,” in accordance
with its instructions.
C. T
he Owner shall require that the language of this certification be included in the award
doc
uments for all sub-awards at all tiers (including subcontracts, sub-grants, and
c
ontracts under grants, loans, and cooperative agreements) and that all sub-recipients
shall certify and disclose accordingly.
Th
is certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section 1352, title 31,
U
.S. Code (31 U.S.C. § 1352). Any person who fails to file the required certification shall
be subject to a civil penalty of not less than $10,000 and of not more than $100,000 for
each such failure.
1.16. District Funding Availability.
Own
er hereby acknowledges and agrees that DCHA’s obligations under this ALTSC are subject to
the availability of sufficient appropriations from the District of Columbia. If there is a reduction in
appropriations to the LRSP that will result in a reduction of Rental Subsidy to the Owner, DCHA
will provide written notice of such reduction to the Owner. In the event funding for the Rental
Subsidy under this LTSC is reduced more than ten percent (10%), the Owner may request in writing
{0035002 -}
Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 13 of 38
[Harvard Court Apartments] (1425 Harvard Street, NW)
that DCHA remove existing vacant Cont ract Unit(s) in a number not greater than the ratio of the
loss in total Rental Subsidy compared to the prior year.
Upon such written request, DCHA hereby agrees to amend the LTSC to remove the number of
vacant Contract Unit(s), which number shall not be greater than the ratio of the loss in total Rental
Subsidy compared to the prior year.
If there are no vacant Contract Unit(s) when Owner receives notice from DCHA of decrease in
Rental Subsidy, the Owner may request in writing that DCHA reallocate Rental Subsidy such that
the decreased amount of Rental Subsidy be allocated among the number of units under the LTSC
until such time that a vacancy occurs and is reported to DCHA in writing. At such point, DCHA
will amend the LTSC to remove the number of vacant Contract Unit(s), which number shall: (i) not
be greater than the ratio of the loss in total Rental Subsidy compared to the prior year and (ii) not
exceed the actual number of vacant units.
For example, a LTSC has ten (10) Contract Units eligible for a maximum of One Thousand Dollars
($1,000) in Rental Subsidy per month, for an annual allocation of One Hundred Twenty Thousand
Dollars ($120,000) in Rental Subsidy, assuming there is $0 Tenant Rent in that year. In the event
that the annual allocation of maximum eligible Rental Subsidy is reduced to One Hundred Eight
Thousand Dollars ( $108,000), the reduction in maximum annual Rental Subsidy is ten percent
(10%), and the Owner would be eligible to request one Contract Unit be removed from the LTSC.
Owner shall (1) attempt to mitigate any disruption to the residential tenants and include a tenant
relocation plan in accordance with the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 and any other applicable laws and regulations of the District of
Columbia; and (2) reasonably pursue resources available to Owner for alternate funding, prior to
requesting a reduction in the number of Owner’s Contract Units under the LTSC.
1.17. Notices.
Any notices required herein shall be sent in writing to the appropriate party listed below. The
addresses set forth below may be changed by written notice to the other party.
If to Owner:
Harvard Court Owner, LLC
C/o Harvard Court Apts
1090 Vermont Avenue NW, Suite 400
Washington, DC 20005
Attn: Thalia Lankin, Authorized Agent
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Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 14 of 38
[Harvard Court Apartments] (1425 Harvard Street, NW)
With a copy to:
Attn:
If to DCHA:
District of Columbia Housing Authority
300 7TH Street, SW, Tenth Floor
Washington, DC 20002
Attn: Sr. Vice President, Housing Choice Voucher Program (HCVP)
With a copy to:
District of Columbia Housing Authority
Office of the General Counsel
300 7th Street, SW, Tenth Floor
Washington, DC 20002
1.18. LRSP Requirements.
The Agreement and Contract shall be interpreted and implemented in accordance with all rules,
regulations and laws applicable to the LRSP.
1.19. Termination of Contract by DCHA.
This Agreement or the LTSC can be terminated upon at least 30 days written notice to the Owner
by DCHA if DCHA determines that the Contract Units were not selected in accordance with
DCHA’s LRSP-approved written selection policy or that the Contract Units were not eligible for
selection in conformity with LRSP requirements.
1.20. Reserved.
1.21. Counterparts.
This Agreement to Enter into Long Term Subsidy Contract may be executed in counterparts, each
of which shall be an original, but all of which shall constitute one agreement.
1.22. Entire Agreement.
This Agreement, including the exhibits, constitutes the entire agreement between DCHA and the
Owner relating to the agreement to enter into a LTSC. No changes to this Agreement may be
made except in writing signed by both the Owner and DCHA.
{0035002 -}
Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 15 of 38
[Harvard Court Apartments] (1425 Harvard Street, NW)
AGREEMENT TO ENTER INTO District of Columbia Housing Authority (DCHA)
LONG TERM SUBSIDY Local Rent Supplement Program (LRSP)
CONTRACT
IN WITNESS WHEREOF, the Owner and DCHA have caused this Agreement to Enter into
Long Term Subsidy Contract to be executed and attested by their respective duly authorized
representatives.
O
WNER:
H
arvard Court Owner, LLC,
a District of Columbia limited liability company
By: Harvard Court Manager, LLC
a District of Columbia limited liability company
its Managing Member
By: The NHP Foundation
a District of Columbia not-fo r-profit corporation
its Managing Member
By:
Name:
Title:
D
ate: ____________________________________
DI
STRICT OF COLUMBIA HOUSING AUTHORITY
By: _______________________________
Name: Keith Pettigrew
Title: Executive Director
D
ate:_____________________________
{0035002 -}
Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 16 of 38
[Harvard Court Apartments] (1425 Harvard Street, NW)
AGREEMENT TO ENTER INTO District of Columbia Housing Authority
LONG TERM SUBSIDY Local Rent Supplement Program
CONTRACT
CONTRACT NO: 2025-LRSP-04A
Pro
ject Name:
Harvard Court Apartments
1425 Harvard Court NW, Washington, DC 20005
D
istrict of Columbia Housing Authority
Local Rent Supplement Program
Project-Based Assistance
P
ART II OF THE
AGREEMENT TO ENTER INTO LONG TERM SUBSIDY CONTRACT
2.1. Training, Employment, Contracting Opportunities for Businesses and Equal Employment
opportunities.
A. Each contract for goods and services, including construction contracts, except
construction subcontracts for standard commercial supplies or raw materials, shall
include as express contractual provisions the language contained in sections 1103.2
through 1103.10 in Chapter 11 of Title 4 of the District of Columbia Municipal
Regulations (4 DCMR §§ 1103.2-1103.10).
B. The contractor shall not discriminate against any employee or applicant for employment
because of race, color, religion, national origin, sex, age, marital status, personal
appearance, sexual orientation, family responsibilities, matriculation, political affiliation,
or physical handicap.
T
he following language must be included in each contract:
“
EMPLOYMENT OF CONTRACTORS
A. The work to be performed under this Contract is on a project assisted under a
program providing direct local financial assistance from the District of Columbia
and is subject to the requirements of Chapter 11 of Title 4 of the Code of District
o
f Columbia Municipal Regulations (“DCMR”). 4 DCMR § 1100 requires that,
to
the greatest extent feasible, opportunities for training and employment be
given to individuals without regard to their race, color, religion, national origin,
sex, age, marital status, personal appearance, sexual orientation, family
responsibilities, matriculation, political affiliation, or physical handicap.
B. T
he parties to this Contract will comply with the provisions of 4 DCMR § 1100
a
nd the regulations issued by the District of Columbia, and all applicable rules,
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Local Rent Supplement Program (LRSP)
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[Harvard Court Apartments] (1425 Harvard Street, NW)
regulations, and requirements under the LRSP issued thereunder prior to the
execution of the Agreement. The parties to this Contract certify and agree that
they are under no contractual or other disability which would prevent them from
complying with these requirements.
C. The contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the Contracting Agency,
setting forth the provisions in 4 DCMR §§ 1103.2 and 1103.3 concerning non-
discrimination and affirmative action. The contractor shall, in all solicitations or
advertisements for employees placed by or on behalf of the contractor, state that
all qualified applicants will receive consideration for employment pursuant to the
non-discrimination requirements set forth in 4 DCMR § 1103.2.
The contractor agrees to send to each labor union or representative of workers
with which it has a collective bargaining agreement, or other contract or
understanding, a notice to be provided by the Contracting Agency, advising each
labor union or workers' representative of the contractor's commitments under this
chapter, and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
D. The contractor agrees to permit access to all books, records, and accounts,
pertaining to its employment practices, by the Director and the Contracting
Agency for purposes of investigation to ascertain compliance with this chapter,
and to require under terms of any subcontractor agreement each subcontractor to
permit access of the subcontractors, books, records, and accounts for such
purposes. The contractor agrees to comply with the provisions of this chapter and
with all guidelines for equal employment opportunity applicable in the District of
Columbia adopted by the Director, or any authorized official. The prime
contractor shall include in every subcontract the equal opportunity clauses, 4
DCMR §§ 1103.2 through 1103.10 of this section, so that these provisions shall
be binding upon each subcontractor or vendor.
E. The prime contractor shall take action with respect to any subcontract as the
Contracting Officer may direct as a means of enforcing these provisions,
including sanctions for non-compliance; Provided, that in the event the prime
contractor becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by the contracting agency,
the prime contractor may request the District to enter into such litigation to
protect the interest of the District.”
2.2. Equal Employment Opportunity.
A. Each apparent low bidder for a construction contract shall complete and submit to the
Contracting Agency, prior to the execution of any contract in the amount of twenty-five
thousand dollars ($25,000) or more, and each contractor covered under 4 DCMR
§ 1105.1, an Affirmative Action Program to ensure equal opportunity which shall include
{0035002 -}
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Local Rent Supplement Program (LRSP)
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[Harvard Court Apartments] (1425 Harvard Street, NW)
specific standards for the utilization of minorities and women in the trades, crafts and
skills to be used by the contractor in the performance of the contract.
B. Each apparent low bidder or offeror for a non-construction contract shall complete and
submit to the Contracting Agency, prior to the execution of any contract in the amount of
ten thousand dollars ($10,000) or more, and each contractor covered under 4 DCMR
§ 1105.2, an Affirmative Action Program to ensure equal opportunity which shall include
specific standards for the utilization of minorities in the job categories specified in 4
DCMR § 1108.4.
C. To ensure equal opportunity each Affirmative Action Program shall include the following
commitments:
1. With respect to construction contracts, each contractor shall certify that it will
comply with the provisions of Chapter 11, Title 4 of the District of Columbia
Municipal Regulations and submit a personnel utilization schedule for all the
trades the contractor is to utilize, indicating the actual numbers of minority and
female workers that are expected to be a part of the workforce performing under
the contract; and
2. With respect to non- construction contracts, each contractor shall certify that it
will comply with the provisions of Chapter 11, and shall submit a personnel
utilization schedule indicating by craft and skill, the minority composition of the
workforce related to the performance of the work under the contract. The
schedule shall include all workers located in the facility from which the goods
and services are produced and shall include the same information for other
facilities which have a significant relationship to the performance work under the
contract.
D. T
he Owner shall further comply with all other provisions found in Chapter 11, Title 4 of
the District of Columbia Municipal Regulations. The Owner agrees to be bound by the
Equal Opportunity clause below with respect to his or her own employment practices
w
hen participating in locally assisted construction work.
E. Equal Opportunity Clause.
1. T
he Owner shall include in every contract and subcontract the equal opportunity
cl
auses of 4 DCMR §§ 1103.2-1103.10 to bind the provisions upon each
c
ontractor, subcontractor, or vendor. The following language must be included in
each
contract or subcontract of this project:
“
EQUAL EMPLOYMENT OPPORTUNITY
D
uring the performance of this contract, the contractor agrees as follows:
(
1) The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, national origin, sex, age, marital
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District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
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[Harvard Court Apartments] (1425 Harvard Street, NW)
status, personal appearance, sexual orientation, family responsibilities,
matriculation, political affiliation, or physical handicap.
T
he contractor will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to
their race, color, religion, national origin, sex, age, marital status, personal
appearance, sexual orientation, family responsibilities, matriculation, political
affiliation, or physical handicap. Such action shall include, but not limited to, the
following: employment; upgrading; transfer; recruitment or recruitment
advertising; demotion; layoffs; termination; rates of pay or other forms of
compensation; and selection for training and apprenticeship. The contractor
agrees to post in conspicuous places, available to employees and applicants for
employment, notices setting forth the provisions of Chapter 11, Title 4 of the
District of Columbia Municipal Regulations.
(
2) The contractor will, in all solicitations or advertisements for employees placed by
o
r on behalf of the contractor, state that all qualified applicants will receive
c
onsideration for employment without regard to race, color, religion, national
origin, sex, age, marital status, personal appearance, sexual orientation, family
r
esponsibilities, matriculation, political affiliation, or physical handicap.
(
3) The contractor will send to each labor union or representative of workers wit h
w
hich the contractor has a collective bargaining agreements or other contract or
understanding, a notice to be provided by or at the direction of the Contract
Agency advising the labor union or workers representative of the contractor’s
commitments under this section, and shall post copies of the notice in
co
nspicuous places available to employees and applicants for employment.
(
4) The contractor agrees to comply with the provisions of Chapter 11, Title 4 of the
District of Columbia Municipal Regulations (4 DCMR §§ 1100, et seq.) and with
a
ll guidelines for equal employment opportunity applicable in the District of
Columbia adopted by the Director, or any authorized official.
(
5) The contractor agrees to permit access to all books, records, and accounts ,
pe
rtaining to its employment practices, by the Director and the Contracting
A
gency for purposes of investigation to ascertain compliance Chapter 11, Title 4
o
f the District of Columbia Municipal Regulations, and to require under terms of
any subcontractor agreement each subcontractor to permit access of the
s
ubcontractors, books, records, and accounts for such purposes.
(6) The prime contractor shall include in every subcontract the equal opportunit y
clauses, 4 DCMR §§ 1103.2-1103.10, so that these provisions shall be binding
upon each subcontractor or vendor.
I
n the event of the contractor’s noncompliance with the Equal Opportunity
clauses of this contract or with any of the rules, regulations, or rights of the Local
Rent Supplement Program (“LRSP”), the contract may be canceled, terminated,
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District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
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[Harvard Court Apartments] (1425 Harvard Street, NW)
or suspended in whole or in part and the contractor may be declared ineligible for
further contracts, and such other sanctions as may be imported and remedies
invoked, or by rule, regulation, and rights of the LRSP or as otherwise provided
by District law.
(7) The prime contractor shall take action with respect to any subcontract as the
Contracting Officer may direct as a means of enforcing these provisions,
including sanctions for non-compliance; provided, that in the event the prime
contractor becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by the contracting agency,
the prime contractor may request the District to enter into such litigation to
protect the interest of the District.
T
he contractor will include the portion of the sentence immediately preceding
P
aragraph (1) and the provision of Paragraphs (1) through (7) in every
s
ubcontract or purchase order unless exempted by the rules, regulations, and
r
ights of the LRSP, so that such provisions will be binding upon each
s
ubcontractor or vendor. The contractor will take such action with respect to any
su
bcontract or purchase order as the District of Columbia Government may direct
as a means of enforcing such provisions including sanctions for noncompliance;
provided, however, that in the event a contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such
di
rection by the District of Columbia Government, the contractor may request the
District to enter into such litigation to protect the interest of the District.”
2. T
he Owner agrees to be bound by the above Equal Opportunity clause with respect to his
or her own employment practices when participating in locally assisted construction
work.
F. T
he Owner agrees to assist and cooperate actively with DCHA and the District of
Columbia in obtaining the compliance of contractors and subcontractors with the Equal
Opportunity clause and the rules, regulations, rights and relevant regulations of the
District of Columbia, to furnish DCHA and the Government of the District of Columbia
such information as they may require for the supervision of such compliance, and to
ot
herwise assist DCHA in the discharge of DCHA’s primary responsibility for securing
compliance.
G. T
he Owner further agrees to refrain from entering into any contract or contract
modification with a contractor debarred from, or who has not demonstrated eligibility for,
District of Columbia Government contracts and federally assisted construction contracts
pursuant to the Executive Order and will carry out such sanctions and penalties for
violation of the Equal Opportunity clause as may be imposed upon contractors and
subcontractors by DCHA or the District of Columbia. In addition, if the Owner fails or
refuses to comply with these undertakings, DCHA may take any or all of the following
act
ions; cancel, terminate, or suspend in whole or in party this Agreement; refrain from
extending any further assistance to the Owner under the LRSP with respect to which the
{0035002 -}
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District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
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[Harvard Court Apartments] (1425 Harvard Street, NW)
failure or refusal occurred until satisfactory assurance of future compliance has been
received from the Owner, and refer the case for appropriate legal proceedings.
2.3. Clean Air Act and Federal Water Pollution Control Act.
In compliance with regulations issued by the Environmental Protection Agency (EPA), 40 CFR,
pt. 15, pursuant to the Clean Air Act, amended (“Air Act”), 42 U.S.C. §§ 7401, et seq., the
Federal Water Pollution Control Act, as amended (“Clean Water Act”), 33 U.S.C. §§ 1251, et
seq., and Executive Order 11738, the Owner agrees to:
(a) Not utilize any facility in the performance of this Agreement or any subcontract which
is listed on the EPA list of Violating Facilities pursuant to Part 15 of the regulations for
the duration of time that the facility remains on the list;
(b) Promptly notify DCHA if a facility the Owner intends to use in the performance of this
Agreement is on the EPA List of Violating Facilities or the Owner knows that it has
been recommended to be placed on the List;
(c) Comply with all requirements of the Air Act and the Water Act, including the
requirements of Section 114 of the Air Act and Section 308 of the Clean Water Act,
and all applicable clean air standards and clear water standards; and
(d) Include or cause to be included the provisions of this section in every subcontract, and
take such action as HUD may direct as a means of enforcing such provisions.
2.4. HUD-FEDERAL LABOR STANDARDS PROVISIONS.
The Owner is responsible for inserting the entire text of Sections 2.4(a) and (b) of this Agreement
in all construction contracts. If the Owner performs any rehabilitation work on the project, the
Owner must comply with all provisions of Section 2.4(a) and (b).
(a) General.
(1) Minimum Wages.
(i) All laborers and mechanics employed or working upon the site of the work (or
under the United States Housing Act of 1937 or under the Housing Act of 1949
in the construction or development of the project), will be paid unconditionally
and not less often than once a week, and without subsequent deduction or rebate
on any account (except such payroll deductions as are permitted by regulations
issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the
full amount of wages and bona fide fringe benefits (or cash equivalents thereof)
due at time of payment computed at rates not less than those contained in the
wage determination of the Secretary of Labor which is attached hereto and made
apart hereof regardless of any contractual relationship which may be alleged to
exist between the contractor and such laborers and mechanics. Contributions
made or costs reasonably anticipated for bona fide fringe benefits under Section
1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered
wages paid to such laborers or mechanics are considered wages paid to such
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Local Rent Supplement Program (LRSP)
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laborers or mechanic, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also
regular contributions made or costs incurred for more than a weekly period (but
not less often than quarterly) under plans, funds, or programs, which cover the
particular weekly period, are deemed to be constructively made or incurred
during such weekly period.
S
uch laborers and mechanics shall be paid the appropriate wage rate and fringe
benefits on the wage determination for the classification of work actually
performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4).
Laborers or mechanics performing work in more than one classification may be
compensated at the rate specified for each classification for the time actually
worked therein; Provided, That the employer’s payroll records accurately set
forth the time spent in each classification in which work is performed. The wage
determination (including any additional classification and wage rates conformed
under 29 CFR § 5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be
posted at all time by the contractor and its subcontractors at the site of the work
in a prominent and accessible place where it can be easily seen by the workers.
(
ii)
(A) Any class of laborers or mechanics which is not listed in the wage
de
termination and which is to be employed under the contract shall be
classified in conformance with the wage determination. The U.S.
D
epartment of Housing and Urban Development (“HUD”) or the
appropriate District agency shall approve an additional classification and
w
age rate and fringe benefits therefore only when the following criteria
have been met:
(
1) The work to be performed by the classification requested is not
performed by a classification in the wage determination; and
(
2) The classification is utilized in the area by the construction industry;
and
(
3) The proposed wage rate, including any bona fide fringe benefits ,
b
ears a reasonable relationship to the wage rates contained in the
wage determination.
(
B) If the contractor and the laborers and mechanics to be employed in the
classification (if known) or their representatives, and HUD or the
appropriate District agency agree on the classification and wage rate
(
including the amount designated for fringe benefits where appropriate), a
report of the action taken shall be sent by HUD or its designee to the
Administrator of the Wage and Hour Division, Employment Standards
Administration, U.S. Department of Labor, Washington, D.C. 20210. The
Administrator, or an unauthorized representative, will approve, modify, or
disapprove every additional classification action within 30 days of receipt
and so advise HUD or the appropriate District agency will notify HUD or
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District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
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[Harvard Court Apartments] (1425 Harvard Street, NW)
the appropriate District agency within the 30-day period that additional time
is necessary. (Approved by the Office of Management and Budget under
OMB control number 1215-0140).
(C) In the event the contractor, the laborers or mechanics to be employed in the
classification or their representative, and HUD or the appropriate District
agency do not agree on the proposed classification and wage rate (including
the amount designated for fringe benefits, where appropriate), HUD or the
appropriate District agency shall refer the questions, including the views of
all interested parties and the recommendation of HUD or its designee, to the
Administrator or determination. The Administrator, or an authorized
representative, will issue a determination within the 30 days receipt and so
advice or its designee or will notify HUD or the appropriate District agency
within 30-day period that additional time is necessary. (Approved by the
Office of Management and Budget under OMB Control Number 1215-
0140).
(D) The wage rate (including fringe benefits where appropriate) determined
pursuant to subparagraphs (1)(B) or (C) of this paragraph, shall be paid to
all workers performing work in the classification under this contract from
the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of
laborers or mechanics includes a fringe benefit which is not expressed as an
hourly rate, the contractor shall either pay the benefit as stated in the wage
determinations or shall pay a bona fide fringe benefit or an hourly equivalent
thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the
contractor may consider as part of the wages of any laborer or mechanic the
amount of any costs reasonably anticipated in providing bona fide fringe benefits
under a plan or program, provided, that the Secretary of Labor has found, upon
the written request of the contractor, that the applicable standards of the Davis-
Bacon Act have been met. The Secretary of Labor may require the contractor set
aside in a separate account assets for the meeting of obligations under the plan or
program. (Approved by the Office of Management and Budget under OMB
Control Number 1215-0140).
(2) Withholding. HUD or the appropriate District agency shall upon its own action or upon
written request of an authorized representative of the Department of Labor withhold or
cause to be withheld from the contractors under this contract or any other Federal
contract with the same prime contractor, or any other Federally-assisted contract subject
to Davis-Beacon prevailing wage requirements, which is held by the same prime
contractor so much of the accrued payments or advances as may be considered necessary
to pay laborers and mechanics, including apprentices, trainees and helpers, employed by
the contractor or any subcontractor the fun amount of wages required by the contract. In
the event of failure to pay any laborer or mechanic, including any apprentice, trainee or
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District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
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[Harvard Court Apartments] (1425 Harvard Street, NW)
helper, employed or working on the site of the work (or under the United States Housing
Act of 1937 or under the Housing Act of 1949 in the construction or development of the
project), all or part of wages required by the contract, HUD or the appropriate District
agency may, after written notice to the contractor, sponsor, applicant, or owner, take such
action as may be necessary to cause the suspension of any further payment, advance, or
guarantee of funds until such violations have ceased. HUD or the appropriate District
agency may, after written notice to the contractor, disburse such amounts withheld for
and on account of the contractor or subcontractor to the respective employees to whom
they are due. The Comptroller General shall make such disbursements in the case of
direct Davis-Bacon Art contracts.
(3) Payrolls and basic records.
(i
) Payroll and basic records relating thereto shall be maintained by the contractor
during the course of the work and preserved for a period of three years thereafter
for all laborers and mechanics working at the site of the work (or under the
United States Housing Act of 1937, or under the Housing Act of 1949, in the
construction or development of the project). Such records shall contain the
name, address, and social security number of each such worker, his or her correct
classification, hourly rates of wages paid (including rates of contributions or
costs anticipated for bona fide fringe benefits or cash equivalents thereof of the
types described in the Section 1(b)(2)(B) of the Davis-Bacon Act), daily and
wee
kly number of hours worked, deductions made and actual wages paid.
W
henever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the
wages of any laborer or mechanic include the amount of any costs reasonably
a
nticipated in providing benefits under a plan or program described in Section
1
(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which
show that the commitment to provide such benefit is enforceable, that the plan or
program is financially responsible, and that the plan or program has been
communicated in writing to the laborers or mechanics affected, and records
w
hich show the costs anticipated or the actual cost incurred in providing such
be
nefits. Contractors employing apprentices or trainees under approved
pr
ograms shall maintain written evidence of the registration of apprenticeship
programs and certification of trainee programs, the registration of the apprentices
and trainees, and the ratios and wage rates prescribed in the applicable programs.
(
Approved by the Office of Management and Budget under OMB Control
Numbers 1215-0140 and 1215-0017).
(
ii)
(A) The contractor shall submit weekly for each week in which any contract
work is performed a copy of all payrolls to HUD or the appropriate District
ag
ency if the agency is a party to the contract, but if the agency is not such a
pa
rty, the contractor will submit the payrolls to the applicant, sponsor, or
owner, as the case may be, for transmission to HUD or the appropriate
District agency. The payrolls submitted shall set out accurately and
c
ompletely all of the information required to be maintained under 29 CFR
5.5(a)(3)(i). This information may be submitted in any form desired.
O
ptional Form WH-347 is available for this purpose and may be purchased
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District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
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[Harvard Court Apartments] (1425 Harvard Street, NW)
from the Superintendent of Documents (Federal Stock Number 029-005-
00014-1), U.S. Government Printing Office, Washington DC 20402. The
prime contractor is responsible for the submission of copies of payrolls by
all subcontractors. (Approved by the Officer of Management and Budget
under OMB Control Number 12150149).
(B) Each payroll submitted shall be accompanied by a “Statement of
Compliance,” signed by the contractor or subcontractor or his or agent who
pays or supervises the payment of the persons employed under the contract
and shall certify the following:
(1) That the payroll for the payroll period contains the information
required to be maintained under 29 CFR 5.5(a)(3)(i), and that such
information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice,
and trainee) employed on the contract during the payroll period has
been paid the full weekly wages earned, without rebate, either
directly or indirectly, and that no deductions have been made either
directly or indirectly from the fun wages earned, other than
permissible deductions as set forth in 29 CFR Part 3; and
(3) That each laborer or mechanic has been paid not less than the
applicable wage rates and fringe benefits or case equivalent for the
classification of work performed, as specified in the applicable wage
determination incorporated into the contract.
(C) The weekly submission of a properly executed certification set forth on the
reverse side of the Optional Form WH-347 shall satisfy the requirement for
submission of the “Statement of Compliance” required by paragraph
(a)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the
contractor or subcontractor to civil or criminal prosecution under Section
1001 of Title 18 and Section 231 of Title 31 of the United States Code.
(iii) The Contractor or subcontractor shall make the records required under paragraph
(a)(3(i) of this section available for inspection, copying, or transcription by
authorized representatives of DCHA, or its designee, and shall permit such
representatives to interview employees during working hours on the job. If the
contractor or subcontractor fails to submit the required records or to make them
available, DCHA or its designee may, after written notice to the contractor,
sponsor, applicant, or owner, take such action as may be necessary to cause the
suspicion of any further payment, advance or guarantee of funds. Furthermore,
failure to submit the required records upon request or to make such records
available may be grounds for debarment action pursuant to 29 CFR 5.12.
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Local Rent Supplement Program (LRSP)
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[Harvard Court Apartments] (1425 Harvard Street, NW)
(4) Apprentice and Trainees .
(i) Apprentices. Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are employed
pur
suant to and individually registered in a bona fide apprenticeship program
registered with the U.S. Department of Labor, Employment and Training
A
dministration, Bureau of Apprenticeship and Training, or with a State
Apprenticeship Agency recognized by the Bureau, or if a person is employed in
hi
s or her first 90 days of probationary employment as an apprentice in such an
a
pprenticeship program, who is not individually registered in the program, but
who has been certified by the Bureau of Apprenticeship and Training or a State
Apprenticeship Agency (where appropriate) to be eligible for probationary
e
mployment as an apprentice. The allowable ratio of apprentices to journeymen
on t
he job site in any craft classification shall not be greater than the ratio
p
ermitted to the contractor as to the entire work force under the registered
program. Any worker listed on a payroll at an apprentice wage rate, who is not
registered or otherwise employed as stated above, shall be paid not less than the
applicable wage rate of the wage determination for the classification of work
actually performed. Where a contractor is performing construction on a project
in a locality other than that in which its program is registered, the ratios and wage
r
ates (expressed in percentages of the journeyman’s hourly rate) specified in the
c
ontractor’s or subcontractor’s registered program shall be observed. Every
A
pprentice must be paid at not less than the rate specified in the registered
program for the apprentice’s level of progress, expressed as a percentage of the
j
ourneymen hourly rate specified in the applicable wage determination.
A
pprentices shall be paid hinge benefits in accordance with provisions of the
a
pprenticeship program. If the apprenticeship program does not specify fringe
benefits, apprentices must be paid the full amount of fringe benefits listed on the
wage determination for the applicable classification. If the Administrator
determines that a different practice prevails for the applicable apprentice
c
lassification, fringes shall be paid in accordance with that determination. In the
event the Bureau of Apprenticeship and Training, or a State Apprenticeship
A
gency recognized by the Bureau, withdraws approval of an apprenticeship
pr
ogram, the contractor will no longer be permitted to utilize apprentices at less
than the Applicable predetermined rate for the work performed until an
accep
table program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to
work at less than the predetermined rate for the work performed unless they are
employed pursuant to and individually registered in a program which has
received prior approval, evidenced by formal certification by the U.S.
D
epartment of Labor, Employment and Training Administration. The ratio of
trainees to journeymen on the job shall not be greater than permitted under the
plan approved by the Employment and Training Administration. Every trainee
must be paid at not less than the rate specified in the approved program for the
trainee’s level of progress, expressed as percentage of the journeyman hourly rate
specified in the applicable wage determination. Trainees shall be paid fringe
benefits in accordance with the provisions of the trainee program. If the trainee
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District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 27 of 38
[Harvard Court Apartments] (1425 Harvard Street, NW)
program does not mention fringe benefits, trainees shall be paid the full amount
of fringe benefits listed on the wage determination unless the Administrator of
the Wage and Hour Division determines that there is an apprenticeship program
associated with the corresponding journeyman wage rate on the wage
determination which provides for less than full fringe benefits for apprentices.
Any Employee listed on the payroll at a trainee rate that is not registered and
participating in a training plan approved by the Employment and Training
Administration shall be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed. In the event the
Employment and Training Administration withdraws approval of a program. The
contractor will no longer be permitted to utilize trainees at less than the
applicable predetermined rate for the work performed until an acceptable
program is approved.
(iii) Equal employment opportunity. The utilization of apprentices, trainees and
journeymen under this part shall be in conformity with the equal employment
opportunity requirements of Executive Order 11246, as amended and 29 CFR,
Part 30.
(5) Compliance with Copeland Act Requirements. The contractor shall comply with the
requirements of 29 CFR, Part 3 which are incorporated by references in this contract.
(6) Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses
contained in sections 2.4(a)(1) through (10) and such other clauses as HUD or the
appropriate District agency may by appropriate instructions require, and also a clause
requiring the subcontractor to include these clauses in any lower tier subcontracts. The
prime contractor shall be responsible for the compliance by any subcontractor or lower
tier subcontractor with all the contract clauses in this section 2.4(a).
(7) Contract terminations debarment. A breach of the contract clauses in 29 CFR 5.5 may be
grounds for termination of the contract and for debarment as a contractor and a
subcontractor as provided in 29 CFR 5.12.
(8) Compliance with David-Bacon and Related Act Requirements. All rulings and
interpretations of the Davis-Bacon and related acts contained in 29 CFR, Parts 1, 3 and 5
are herein incorporated by reference in this contract.
(9) Disputes concerning labor standards. Disputes Arising out of the labor standards
provisions of this contract shall not be subject to the general disputes clause of this
contract. Such disputes shall be resolved in accordance with the procedures of the
Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning
of this clause include disputes between the contractor (or any of its subcontractors) and
HUD or the appropriate District agency, the U.S. Department of labor, or the employees
or their repetitive.
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District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
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[Harvard Court Apartments] (1425 Harvard Street, NW)
(10) Certification of Eligibility.
(i
) By entering into this contract, the contractor certifies that neither it (nor he or
she) nor any person or firm who has an interest in the contractor’s firm is a
person or firm ineligible to be awarded Government contracts by virtue of
Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a) (1) or to be awarded
H
UD contracts or participate in HUD programs pursuant to 24 CFR Part 24.
(
ii) No part of this contract shall be subcontracted to any person or firm ineligible for
award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act
or 29 CFR 5.12(a)(1) or to be awarded HUD Contracts or Participate in HUD
programs pursuant to 24 CFR Part 24.
(
iii) The penalties off making false statements are prescribed in the U.S. Criminal
C
ode, 18 U.S.C.1001. Additionally, U.S. Criminal Code, Section 1010, Title 18,
U
.S.C., “Federal Housing Administration transactions”, provides in part:
“Whoever, for the purpose of influencing in any way the action of such
A
dministration makes, utters or publishes any statement, knowing the same to be
false shall be fined not more than $5,000 or imprisoned not more than two years,
or
both.”
(b) Contract Work Hours and Safety Standards A ct. As used in this paragraph, the terms
“laborers” and “mechanics” include watchmen and guards.
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of laborers or mechanics
s
hall require or permit any such laborer or mechanic in any workweek in which he or she
is employed on such work to work in excess of forty (40) hours in such work week unless
such laborer or mechanic receives compensation at a rate not less than one and one-half
times the basic rate of pay for all hours worked in excess of forty hours in such
workweek.
(2) Violation; Liability for unpaid wages; liquidated damages. In the event of any violation
of the clause set in subparagraph (1) of this paragraph, the contractor and any
s
ubcontractor responsible therefore shall be liable for the unpaid wages. In addition, such
contractor and subcontractor shall be liable to the United States (in the case of work done
under contract for the District of Columbia r a territory, to such District or such territory),
for liquidated damages. Such liquidated damages shall be computed with respect to each
i
ndividual laborer or mechanic, including watchmen and guards, employed in violation of
the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each
c
alendar day on which such individual was required or permitted to work in excess of the
standard workweek of forty hours without payment of the overtime wages required by the
clause set forth in subparagraph (1) of this paragraph.
(3) Withholding for unpaid wages and liquidated damages . HUD or the appropriate District
agency shall upon its own action or upon written request of an authorized representative
of the Department of Labor withhold or cause to be withheld, from any monies payable
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District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
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[Harvard Court Apartments] (1425 Harvard Street, NW)
on account of work performed by the contractor or subcontractor under any such contract
or any other Federal contract with the same prime contractor, or any other federally-
assisted contract subject to the Contract Work Hours and Safety Standards Act, which is
held by the same prime contractor such sums as may be determined to be necessary to
satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated
damages as provided in the clause set forth in subparagraph (2) of this paragraph.
(4) Subcontractors. The contractor or subcontractor shall insert in any subcontracts the clause
set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the
subcontractors to include these clauses in any lower ties subcontracts. The prime
contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in subparagraphs (1) through (4) of this
paragraph.
2.5-2.7. RESERVED.
2.8. WAGE CLAIMS AND ADJUSTMENTS.
The Owner shall be responsible for the correction of all violations under Section 2.4, including
violations committed by the contractors. In cases where there is evidence of underpayment of
salaries or wages to any laborers or mechanics (including apprentices and trainees) by the Owner
or other contractor, or a failure by the Owner to otherwise comply with Section 2.4, the Owner
shall be required to place an amount in escrow, as determined by HUD sufficient to pay persons
employed on the work covered by the Agreement the difference between the salaries or wages
actually paid such employees for the total number of hours worked and the full amount of wages
required under this Agreement, as well as an amount determined by HUD to be sufficient to
satisfy any liability of the Owner or other contractor for liquidated damages pursuant to Section
2.4. The amount withheld may be distributed by HUD for and on account of the Owner or other
contractor to the respective employees to whom they are due, and to the Federal Government in
satisfaction of liquidated damages under Section 2.4.
2.9. RESERVED.
2.10. EVIDENCE OF UNIT(S) COMPLETION: ESCROW.
A. The Owner shall evidence the completion of the unit(s) by furnishing DCHA in addition
to the requirements listed in Section 1.6 of this Agreement, a certification of compliance
with provisions of Sections 2.4 and 2.8 of this Agreement, and that to the best of the
Owner’s knowledge and belief there are no claims of underpayment to laborers or
mechanics in alleged Violation of these provisions of the Agreement. In the event there
are any such pending claims to the knowledge of the Owner, or DCHA, the Owner will
place a sufficient amount in escrow, as directed by the Owner, to assure such payments.
B. The escrows required under Section 2.8 and 2.10 shall be paid to DCHA, as escrowee, or
to an escrowee designated and approved by DCHA.
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District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
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[Harvard Court Apartments] (1425 Harvard Street, NW)
2.11. FLOOD INSURANCE.
I
f the project is located in an area that has been identified by the Federal Emergency Management
Agency as an area having special flood hazards and if the sale of flood insurance has been made
available under the National Flood Insurance Program, the Owner agrees that the project will be
covered, during its anticipated economics or useful life, by flood insurance in an amount at least
equal to its development or project cost (less estimated land cost) or to the limit of coverage made
available with respect to the particular type of property under the National Flood Insurance Act of
1968, whichever is less.
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District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
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[Harvard Court Apartments] (1425 Harvard Street, NW)
E XHIBIT A
OWNER’S APPLICATION
ON FILE WITH DCHA
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Local Rent Supplement Program (LRSP)
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EXHIBIT B
DESCRIPTION OF WORK
1
PROJECT NARRATIVE TEMPLATE
Project Name: Harvard Court Apartments
Address: The property at 1425 Harvard Street NW
Project Overview and Background
Provide a summary description of the proposed project and supportive services (if applicable). Include
the proposed development program, resident population that will be served, the project scale and type
of financing requested. Explain how this project originated and what role the community played in
developing this project. (This section is intended as a summary of the project only. Additional
information can be provided in the remaining sections.)
The NHP Foundation (“NHPF”) proposes to construct Harvard Court Apartments, a 108-unit
affordable housing project on Harvard Street NW with units reserved for families earning not
greater than 30% and 50% of area median income. 22 (20%) of the 108 total units will be permanent
supportive housing units. The site is currently used as a surface parking lot for the Columbia
Heights Village Apartments and is located immediately behind the 10-story high-rise which fronts
on 2900 14th Street NW. The land is owned by Harvard Court Owner, LLC (the “Current Owner”).
NHPF has site control as the managing member of the managing member of the Current Owner.
T
he Harvard Court site was subdivided from the original Columbia Heights Village Apartments
high rise property. Columbia Heights Village Apartments was originally purchased by NHPF in a
joint venture with the Columbia Heights Village Tenant Association and Change All Souls Housing
Corporation, a local non-profit, in order to preserve Columbia Heights Village’s existing affordable
housing units while also looking for opportunities to add affordable housing units within the
Columbia Heights Village footprint.
T
he financing being requested includes tax-exempt bonds, 4% LIHTCs, and DC LIHTCs.
Project ownership has engaged in preliminary discussions with DC DHCD on, and intends to enter
into, an agreement for a sale of the land to DC DHCD and a ground lease back to Harvard Court
Owner, LLC. Project ownership has also discussed the above-referenced plan with its intended
2
equity and debt partners, all of whom are comfortable with the proposed transaction, including an
unsubordinated ground lease.
Discuss the importance of the transaction to residents of the District of Columbia, the neighborhood,
and the applicant.
This project is very important to DC, the Columbia Heights neighborhood, Columbia Heights
Village Tenants Association, Change All Souls Housing Corporation, and NHPF. NHPF is a
mission-driven affordable housing non-profit organization that seeks to preserve and create
affordable housing. The need for more affordable housing in the District of Columbia is
approaching crisis-levels, particularly in high-rent neighborhoods such as Columbia Heights.
Project/Site Description
Provide a detailed description of the proposed project. Provide a description of the existing site and
discuss planned construction, rehabilitation, and/or other improvements. This description should be
consistent with the architectural plans and scope of work narrative provided in the application.
The site is currently used as a surface parking lot for the Columbia Heights Village Apartments and is
located immediately behind the 10- story high-rise which fronts 2900 14 th Street NW. The proposed
new building will have two levels of parking composing 85 spaces. The parking will be sufficient to
more than exceed the parking requirements of the new building, and it will replace 100% of the
existing 65 surface parking spaces that would otherwise be lost to the residents of Columbia Heights
Village. The first floor above grade will be designed to activate the urban landscape with management,
permanent supportive housing services and resident services offices, and common area spaces
(including shared outdoor space between Harvard Court and Columbia Heights Village) facing
Harvard Street. The majority of the first floor that is tucked behind the first -floor offices will be
structured parking. Above the first floor, the new building will have six residential floors. The first
level of below grade parking plus the first two floors above grade will be concrete podium
construction. The next five levels will be constructed with light-gauge metal framing and hybrid
concrete-metal dovetail decks.
How will the project meet the needs of the project’s target population(s). Describe the on-site amenities
and how the amenities help the project to serve the target population(s):
The project will set aside 20% of the total unit count (22 in total) as Permanent Supportive Housing
units restricted to residents not earning greater than 30% of area median income. The project will
also feature ample community space for supportive and resident services providers, recreational
activities and resident programs.
Yes No
Has Site Control been established? ☒ ☐
How will you demonstrate site control?
☒ Deed ☐ Lease
☐ Purchase Contract ☐ Lease Option
☐ Purchase Option
☒ Other - Describe:
Project ownership has engaged in preliminary discussions with DC DHCD on, and
intends to enter into, an agreement for a sale of the land to DC DHCD and a ground
lease back to Harvard Court Owner, LLC. Project ownership has also discussed the
3
above-referenced plan with its intended equity and debt partners, all of whom are
comfortable with the proposed transaction, including an unsubordinated ground lease.
What is the square footage of the project’s land area? 34,159 SF
What is the gross square footage of the proposed project? 153,957 SF
Yes No
Is the project site subject to any existing encumbrances? Such as restrictive
covenants, use restrictions, or regulatory agreements.
☒ ☐
If yes, do these encumbrances impair the ability to provide clear title? ☐ ☒
If yes, describe how clear title can be obtained:
N/A
Will any existing use covenants or regulatory agreements remain in place
after the refinancing?
☒ ☐
Is this project a renewed, reengineered, or repositioned iteration of a stalled
project?
☐ ☒
Has the project received any previous funding from the District of
Columbia? Including District owned land, LIHTCs, Federal funding sources
(HOME, CDBG, etc.), HPTF, etc.
☒ ☐
If yes, provide the type (loan or grant), funding source, and year received.
In 2022, the project was selected by DC DHCD for further underwriting, having received an
award of HPTF funding from DC DHCD
What is the current zoning of the project site(s)? MU-5A
Yes No
Is the proposed project by right under the zoning of the site(s)? ☐ ☒
If the project is not by right, explain:
The proposed project is permitted under Inclusionary Zoning and the
property meets the requirements of Inclusionary Zoning.
What zoning or HPRB approvals have been obtained? Are any outstanding?
N/A
Yes No
Does the site contain existing structures? ☐ ☒
a. If yes, how many? What is the current use? Click to type
b. What will be done with the existing structures?
☒ Nothing (does not apply/not part of this project)
☐ Demolition
☐ Rehabilitation
Give a brief description of the existing buildings, including the materials, condition, and
number of existing units. Please reference the findings of the Building Evaluation
Report/Physical Needs Assessment
Click to type
Yes No
c. Does the site have any existing residential or commercial tenants? ☐ ☒
4
If yes, describe the existing tenants:
Click to type
d. If the project has residential tenants, have TOPA notices been provided? ☐ ☐
If Yes, describe the measures taken to comply with Tenant Opportunity To Purchase Act (TOPA):
e. Does the project have an existing subsidy contract? (HAP, Section 8, etc.) ☐ ☒
If Yes, describe the contract and whether it will be extended:
Click to type
f. If the site has residential or commercial tenants, has a relocation strategy been
provided?
☐ ☐
If Yes, describe the measures taken to comply with the Uniform Relocation Act and
the District’s Rental Housing Act:
Click to type
Phase I Environmental Conditions
Phase I completed on mm/dd/yyyy: 12/06/2023
Provide the page number from the Phase 1 that confirms the presence or absence of the following:
Present Absent Page Number
Asbestos ☐ ☒ 22
Lead-based paint ☐ ☒ 23
Mold ☐ ☒ 23
Yes No
Did the Phase I recommend a Phase II be completed? ☒ ☐
If yes, explain the issues that triggered this requirement.
Historic evidence of an underground storage tank (fuel oil) due to the historical use of
the site.
If environmental issues were identified in your Phase 1 or Phase II, describe the issues, how they will
be abated or managed, and provide a cost estimate:
A subsurface investigation was conducted in order to determine the presence or absence of soil,
soil vapor, and/or groundwater contamination due to the historical use of the site. The
investigation found an underground storage tank but no evidence of leaks or other soil
contamination. The storage tank will be removed prior to the start of construction.
Green Building
Indicate the green building standard you will be pursuing:
☐ Enterprise Green Communities
☒ Enterprise Green Communities + This project will meet EGC+ 2020 standards
☐ LEED – State Type and Level: Click to type
☐ Other – Please explain Click to type
Describe any additional green design features you are integrating into the project and the benefits to the
project, tenants, or the District from including those features.
A solar PV system will be installed on the roof of the building.
5
Neighborhood Description
Describe the property location, neighborhood, transportation options, local services and amenities near
the property. Describe the character of the neighborhood, including age, condition and type of housing
stock, and basic demographic information (median income, major employers, major institutions) for the
neighborhood. In the case of scattered site projects, explain how the units are distributed and indicate
where the largest collection of units is located.
The property is centrally located in the Columbia Heights neighborhood, with easy access to the
Columbia Heights Metro Station (0.2 miles) and numerous other transit options. The property is
within walking distance of a diverse range of amenities, including Washington Hospital Center,
Giant Supermarket, Target, CVS Pharmacy, District of Columbia Police Department, District of
Columbia Fire Department, United State Post Office, Mt. Pleasant Neighborhood Library,
Tubman Elementary School, Lincoln Middle School, Cardozo Senior High School, and numerous
parks and recreation centers.
T
he property is located in a mixed-use residential neighborhood and is immediately surrounded by
mid to high-rise multifamily housing. To the west of the property there is mostly low to mid-rise
multifamily housing. To the south of the property there are newly constructed low-rise
multifamily homes and single-family homes. Immediately to the south of the property is Heights
of Columbia Condominiums, a high-rise multifamily development with ground floor retail in good
condition. East of the property is the Greater Washington Urban League, and low to mid-rise
multifamily housing and rowhomes.
Development Team
Developer/Sponsor (Managing Entity): The NHP Foundation
Describe the Developer/Sponsor organization(s), including: the date the organization was incorporated,
the mission of the organization, the primary programs of the organization, the size and composition of
the staff, and the organization’s track record/experience with affordable housing real estate
development of projects of similar type, scale, financing, and complexity as the proposed project.
Headquartered in New York City with offices in Washington, DC, and Chicago, IL, The NHP
Foundation (NHPF) was launched on January 30, 1989, as a publicly supported 501(c)(3) not-for-
profit real estate corporation. NHPF is dedicated to preserving and creating sustainable, service-
enriched multifamily housing, and scattered-site communities that are both affordable to low
and moderate income families and seniors, and beneficial to their communities. Through Family-
Centered Coaching, NHPF’s subsidiary Operation Pathways engages with, and assists, families
experiencing poverty and other hardship, to problem-solve together. Through partnerships with
major financial institutions, the public sector, faith-based initiatives, and other not-for-profit
organizations, NHPF has 57 properties, including 9,664 units, in 16 states and the District of
Columbia. NHPF has a staff of 40 people, including finance, development, construction
management, accounting, marketing, and office administration. The NHP Foundation has
successfully executed LIHTC developments of many properties of the size and scale of Harvard
Court Apartments around the country.
List the names of key members of the developer(s), their titles, and their years of experience in
affordable housing below. Resumes of individuals listed here should be submitted in the online
application.
6
Name Title
(e.g., Executive Director, Project Manager.)
Years of Affordable
Housing Development
Experience
Stephen Green CIO/COO 35+
John Welsh Senior Vice President 25+
Brett Ruby Project Manager 5
Sponsor Organization Type (check only one):
☐ For-Profit Organization
☒ Non-profit Organization
☐ Housing Authority
☐ Other. Specify:
Click to type
Yes No
Has the sponsor organization developed affordable housing projects previously? ☒ ☐
a. Years of Experience 32
b. Number of Projects 40+
c. Number of Units Placed In Service 6,000+
Yes No
Is the Sponsor a CHDO, or seeking CHDO status? ☐ ☒
a. If yes, date of certification or most recent
recertification
N/A
(if in process, state estimated date of certification)
Describe the last three development projects completed by your organization, including whether the
projects were completed on time and on budget.
Project Name Date
Completed
On time?
(Y/N)
On budget?
(Y/N) Summary
1. New Irvine
Turner 11/30/2023 N N Rehabilitation
2. The Covent
Hotel 10/16/2023 Y Y Rehabilitation
3. Temenos 12/3/2023 Y N New Construction
Provide a brief explanation for any project not completed on time or on budget.
New Irvine Turner Apartments is a 94-unit rehabilitation in Newark, NJ. Project costs escalated
more than expected during construction period. Permits were required to be updated after
construction had started, resulting in significant delays.
T
he Covent Hotel is a 30-unit historic renovation in Chicago, IL. Covent Hotel completed on-time
and on-budget.
Temenos is a 95-unit, 6-story new construction project in Houston, TX. Unforeseen conditions
below grade caused cost overruns. Project is largely on time, although Hurricane Nicholas and
unforeseen below-grade conditions caused slight delays.
Yes No
7
Does the sponsor entity have a 5% or greater ownership stake in any building with DHCD
participation? (For LIHTC projects, this includes 5% ownership stake in a general partner
or managing member)
☐ ☒
a. If yes, list any projects and provide a brief summary, including project address,
closing date, placed in service date, and whether or not the project is in good
standing.
Project Name Summary
1.
Roundtree Residences 2515 Alabama Ave, SE, DC, 20020. Construction loan
closing 10/27/11. PIS 3/28/13
2.
Benning 4807 Alabama Avenue, SE, DC 20019. Construction
loan closing 1/11/17. PIS 12/31/17
3.
Parkchester 2704 Wade Rd, SE, DC, 20020. Construction loan
closing 9/15/16. PIS 12/21/17
4.
Woodmont 2327 Good Hope Rd, SE, DC 20020. Construction loan
closing 2/15/18 . PIS 12/31/18
5.
Takoma Place 6676 Georgia Ave, NW, DC, 20012. Construction loan
closing 11/30/18. PIS 9/30/21
6.
Anacostia Gardens 3600 Ely Pl, SE, DC 20019. Construction loan closing
1/7/2020. PIS 9/30/2021
7.
The Strand 5129 Nannie Helen Burroughs Ave, NE, DC 20019.
Construction loan closing 7/31/21. PIS 1/1/2022
8.
17 Mississippi 17 Mississippi Avenue, SE, Washington, DC 20032.
Closing was August 6, 2021. PIS 4/1/2023.
9.
Ridgecrest Village
Apartments
2000 Ridgecrest Court, SE, Washington DC 20020.
Phase 1 of renovation expected to be completed in April
2024; Phase 2 has closed on its financing and renovation
will begin construction in May 2024.
If your organization has been party to a foreclosure, deed in lieu of foreclosure, or an active pending
foreclosure in the last 10 years, identify the project and explain both the circumstances and how it was
resolved with the lender.
None
When was the sponsor organization last audited? (mm/dd/yyyy) 12/31/2022
Yes No
In the sponsor’s last audit, were there any findings? ☐ ☒
a. If yes, describe the nature of the findings:
Click to type
b. Have these findings been resolved? ☐ ☐
If not, what is your plan for resolution?
N/A
Project Owner/Borrowing Entity: Harvard Court Owner, LLC
8
Proposed Project Ownership Structure (check all that apply)
☐ Non-profit ☐ Individual
☒ Limited Liability Corporation
(LLC)
☐ General Partnership
☐ Limited Partnership ☐ Other Corporation
☐ Other (Describe):
Click to type
What is the legal status of the ownership entity for the project?
☒ Currently Exists
☐ To Be Formed
a. If to be formed, estimated formation date (mm/dd/yyyy):
Describe the relationship between the ownership entity and the sponsor for the project.
NHPF will be the managing member of the managing member of the ownership entity for the
project and, as such, will be the sponsor and controlling interest of the managing member.
Development Consultant (if applicable): N/A
Describe the development consultant’s experience in affordable housing, the District of Columbia, and
with projects of similar type, scale and complexity.
N/A
Describe the role of the development consultant, including the consultant’s scope of work and term of
the engagement.
N/A
Yes No
Is there an identity of interest between the development consultant and the
sponsor/developer?
☐ ☐
Has the consultant worked on affordable housing projects previously? ☐ ☐
a. Years of Experience N/A
b. Number of Projects N/A
c. Number of Units Placed In Service N/A
Architect: Shalom Baranes Associates, P.C.
Describe the architect’s experience in affordable housing, the District of Columbia, and with projects of
similar type, scale and complexity.
B305
Provide a list of similar projects that the architect has designed:
Project Name Location Number of Units
Channing E. Phillips Homes Washington, DC 56
St. Matthews Washington, DC 221
Tenley View Washington, DC 60
9
The Bard Washington, DC 80
General Contractor: McCullough
Provide a list of similar projects that the general contractor has constructed or renovated:
Project Name Location Number of Units
Hill East Bethesda, MD 341
2442 MLK Washington, DC 112
Northwest One Washington, DC 220
MRP East Capital Washington, DC 95
1300 H Street Arlington, VA 32
If the contractor has not been selected, explain the anticipated selection process.
N/A
Construction Manager: N/A
If applicable, describe the construction manager’s experience in affordable housing, the District of
Columbia, and with projects of similar type, scale and complexity.
N/A
Provide a list of similar projects that the construction manager has managed:
Project Name Location Number of Units
Click to type Click to type Click to type
Click to type Click to type Click to type
Click to type Click to type Click to type
Is there an identity of interest between the construction manager and the owner/sponsor/developer?
N/A
Property Management Company: Winn Management Company, LLC
Describe the proposed property manager’s experience in affordable housing, the District of Columbia,
and with projects of similar type, scale, and complexity. Specifically address experience managing
properties with similar resident populations.
Winn Management has extensive experience managing affordable multifamily properties in
the greater D.C. metro. Established in 1971, Winn manages more than 101,000 units across
23 states and the District of Columbia with an affordable portfolio consisting of roughly half
of that. Additionally, Winn manages 14 properties in the greater D.C. metro comprising 2,044
residential units. Winn has nearly 3,500 professional team members and is ranked 6th largest
market rate and one of the largest affordable management companies in the country. Winn
also manages 4 additional senior properties in Metro DC area.
10
Summarize the management plan for this project. Be sure to address facility maintenance, on-site
management, and services provided.
Please see attached Management Plan
Describe the operations staffing plan for the project, including the type and number of staff positions,
and the hours that on-site staff will keep.
Please see attached Staffing Chart
Describe the project team’s experience with various funding sources and income certifications.
Winn Management is one of the largest managers of affordable housing. Winn has experience
with many types of funding programs including federal, state, and those local to the District of
Columbia. In addition to hiring an experienced on-site team, they will be supported and
supervised by an experienced Winn Management team. There will be a Regional Manager and
Regional Compliance Manager assigned to the community. The team has vast knowledge and
experience dealing with LIHTC, Bond, HUD, and various other funding sources that require
income verifications, certifications, and compliance oversight.
Resident and/or Supportive Services Provider: Click to type
If applicable, describe the selected service provider(s) experience in designing and implementing
resident services plans. This can include property-wide resident services as well as PSH case
management supportive services. If multiple service providers are members of the development team,
distinguish between the roles of each service provider and confirm who will supervise each contract.
Community Connections
If contracting for any resident services, describe the resident services plan for the project. This can
include property-wide resident services as well as PSH case management supportive services. This brief
description should be consistent with any plan and related documents submitted as part of the online
application for prioritization scoring.
Please see attached Supportive Services Plan
Market Study
1. Provide the information requested below:
Date of market study (mm/dd/yyyy) 1/5/2024
Absorption Rate 23 units/month Page Number: 7
Capture Rate 1.0% Page Number: 8
Vacancy Rate 2.2% Page Number: 6
2. Complete the following table using data provided in your market study:
Bedrooms: (Provide all unit
configurations)
% MFI Proposed
(Gross) Rents
by Unit Size
Maximum
Restricted
Rents
Unrestricted
Market Rents
Achievable
Restricted
Rents #Bedrooms Square Feet
1 BR 677 30% $2,500 $847 $2,710 $847
1 BR 677 50% $1,413 $1,413 $2,710 $1,413
11
2 BR 887 50% $1,696 $1,696 $3,070 $1,696
3 BR 1,082 50% $1,959 $1,959 $3,820 $1,959
3. Explain how the project rents have been determined.
50% AMI unit rent set to maximum LIHTC based on the Novogradac market study; 30% AMI
unit rents set at achievable LRSP rents
4. The District has already determined the need for PSH units. For all other unit types, describe the
market demand for the proposed units referencing specific data from the Market Study, current or
changing neighborhood characteristics, similar projects or other relevant data.
As noted in the Novogradac market study’s demand analysis, the combined number of proposed
competitive LIHTC family units in the neighborhood, existing competitive family LIHTC units,
and proposed number of competitive family LIHTC units at Harvard Court accounts for only
26.3% of the income-eligible households in the market study’s primary market area. Based on
Harvard’s Court tenancy and location, Novogradac estimates that only 10% of the property’s
tenants will originate from outside the primary market area.
Project Financing
1. Describe the overall financing structure for your project, including any unique financing details.
Include a narrative for each phase of the project (pre-development/acquisition, construction, and
permanent).
All pre-development activity will be financed with cash and/or credit provided by The NHP
Foundation. Initial Closing/Acquisition and Construction will be financed by 4% LIHTCs and tax-
exempt bonds, as well as DHCD Housing Production Trust Fund dollars and a Sponsor Note
generated by the sale of the land (see prior-referenced sale/ground-lease structure). Following
completion of construction, lease-up, and stabilization, the project will convert to a permanent
first position loan.
2. Describe the next steps/strategy should this project not receive DHCD funding.
N/A – Project was awarded HPTF Funding
Development Budget Narrative
1. Describe the reason for deviations from DHCD’s standards and any actions taken to bring the
project in line with the standards. List and explain any waivers requested.
N/A
Yes No
2. Do the submitted budgets take into account Davis Bacon Wage Rates? ☒ ☐
a. If so, what wage rates were used? (check only one)
☐ Davis-Bacon – Residential
☒ Davis-Bacon – Building
☐ Davis-Bacon –
Other:
Click to type
Yes No
3. Do the submitted budgets take into account environmental remediation costs? ☒ ☐
b. If so, where are those costs reflected? (check only one)
☐ Separately budgeted in the development budget (Form 202)
12
☒ Reflected in construction cost estimates (Form 215
☐ Other: Click to type
4. If multiple financing scenarios were provided for the project, describe the different scenarios and
their implications for project feasibility and long term sustainability. Rank the scenarios presented
in order of preference.
N/A
Collateral Position
1. Date of Appraisal (mm/dd/yyyy): 1/29/2024
2. As-built Unrestricted value: 46,600,000
3. As-built Restricted value: 20,800,000
4. As-Is Value: 12,800,000
5. Project Site purchase price: 12,500,000 (see
sale/ground lease)
Yes No
6. Is the purchase price at or below fair market value as determined by the appraisal? ☒ ☐
a. If no, explain:
Click to type
Yes No
7. Does the purchase and sale agreement include any provisions for cost escalation that
could cause the purchase price to exceed the current appraised value?
☐ ☒
a. If yes, explain:
Click to type
8. Describe the collateral and collateral position offered to DHCD to secure the loan.
DHCD’s loan will be secured by a DOT subordinate to Construction and Perm Financing.
Community Engagement Plan
1. Describe the activities and strategies completed to date that demonstrate the applicant’s efforts to
engage current residents (if applicable) and the local community:
The development team participated in a series of public meetings (7 in total) with the Columbia
Heights Village residents to discuss redevelopment/renovation of Columbia Heights Village
Apartments as a whole, as well as the prospects of redevelopment of the Harvard Court site
(the parking lot). In addition to those meetings, a comprehensive tenant survey was taken to
gauge interest and demand for additional affordable housing within the Columbia Heights
Village footprint. The meetings and questionnaires provided sufficient feedback to determine
that there was significant interest in the proposed redevelopment/renovation of the parking lot
to add additional affordable housing units to the Columbia Heights Village footprint.
Following the August 25, 2022 selection for further underwriting with DC DHCD, the
13
Columbia Heights Village Tenants Association voted to approve the Harvard Court
transaction. The development team has continued to involve the Columbia Heights Village
Tenants Association in project design and architecture following their approval of the larger
transaction.
2. Describe the post-selection approach and strategies for engaging residents (if applicable), the local
community, and other stakeholders:
Should the project be selected for bond readiness, the development team plans to continue
meetings with the Columbia Heights Village Apartments resident to receive input from
residents and stakeholders in the redevelopment of the parking lot.
Year 15 Plan
1. Describe the exit strategy for the limited partner or investor member, as applicable, and the
anticipated ownership changes.
At the end of the compliance period, the development team plans to acquire the investor
member interest in the property and prepare for re-capitalization of the property to ensure its
successful operation as an affordable housing community.
2. Describe any anticipated refinancing, re-syndication, or sale to a third party planned at Year 15.
The managing member will have an option to purchase/right of first refusal meeting DHCD
requirements that will permit the buyout of the investor member as part of a standard year-15
financing transaction to ensure the continued successful operation of the property.
3. How will affordability be maintained through the 30-year extended affordability period?
The property will be subject to an extended affordability restriction/covenant recorded
simultaneously with the proposed LIHTC transaction.
{0035002 -}
Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 33 of 38
[Harvard Court Apartments] (1425 Harvard Street, NW)
EXHIBIT C
C
ONTRACT UNITS
UPDATED Exhibit - A/C
Project Name : Harvard Court Apartments
Project Address: 1425 Harvard Street NW, Washington DC 20005 Date: 4/10/2025
No. Unit No. No. of
Bedrooms
Proposed
for LRSP
subidy
Yes/No
Occupied
Yes/No
Approved
Unit
Contract
Rent
Estimated Tenant
Portion of Rent,
Max 30% of income
Other Rental
Subsidy
Amount (if
applicable)
LRSP
Subsidy
Amount
UFAS
Yes/No
1. TBD 1 Yes No 2,341$ -$ 0 TBD Yes
2. TBD 1 Yes No 2,341$ -$ 0 TBD Yes
3. TBD 1 Yes No 2,341$ -$ 0 TBD No
4. TBD 1 Yes No 2,341$ -$ 0 TBD No
5. TBD 1 Yes No 2,341$ -$ 0 TBD No
6. TBD 1 Yes No 2,341$ -$ 0 TBD No
7. TBD 1 Yes No 2,341$ -$ 0 TBD No
8. TBD 1 Yes No 2,341$ -$ 0 TBD No
9. TBD 1 Yes No 2,341$ -$ 0 TBD No
10. TBD 1 Yes No 2,341$ -$ 0 TBD No
11. TBD 1 Yes No 2,341$ -$ 0 TBD No
12. TBD 1 Yes No 2,341$ -$ 0 TBD N o
13. TBD 1 Yes No 2,341$ -$ 0 TBD No
14. TBD 1 Yes N o 2,341$ -$ 0 TBD No
15. TBD 1 Yes No 2,341$ -$ 0 TBD No
16. TBD 1 Yes No 2,341$ -$ 0 TBD No
17. TBD 1 Yes No 2,341$ -$ 0 TBD No
18' TBD 1 Yes No 2,341$ -$ 0 TBD No
19. TBD 1 Yes No 2,341$ -$ 0 TBD No
20. TBD 1 Yes No 2,341$ -$ 0 TBD No
21. TBD 1 Yes No 2,341$ -$ 0 TBD No
22. TBD 1 Yes No 2,341$ -$ 0 TBD No
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
{0035002 -}
Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 34 of 38
[Harvard Court Apartments] (1425 Harvard Street, NW)
E XHIBIT D
LTSC
Di
strict of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
[Harvard Court Apartments] (1425 Harvard Street NW)
{0035004 - 2} 1
District of Columbia Housing Authority
Local Rent Supplement Program (LRSP)
Long Term Subsidy Contract (LTSC)
Contract No. 2025 LRSP- 04L
LONG TERM SUBSIDY CONTRACT (LTSC)
T
his Long Term Subsidy Contract (“ Contract” or “LTSC”) is entered into between the
District of Columbia Housing Authority (“DCHA”) , and Harvard Court Owner, LLC
(“Owner”).
R
ecitals
T
his Agreement is entered into pursuant to the Local Rent Supplement Program (“LRSP”)
established by DCHA pursuant to Title II of the Fiscal Year 2007 Budget Support Emergency Act
of 2006, effective August 8, 2006 (D.C. Act A16-0476; 53 DCR 7068), which is the D.C. Housing
Authority Rent Supplement Act of 2006, as amended or as provided in subsequent appropria tion
authority of the District of Columbia.
T
he LRSP has been established to provide residents of the District of Columbia, project -
based rental subsidy for families whose gross income initially does not exceed 30% of the area
median income, as adjusted for household size. As set forth in the Agreement to Enter Into a Long-
Term Subsidy Contract, the Owner has completed the work to DCHA’s satisfaction on the unit(s).
Now therefore, the Owner and DCHA will enter into a Project-Based Long Term Subsidy Contract
(“LTSC”), which will allow the Owner to receive housing assistance payments from the DCHA
for such units so that they may afford to rent the unit(s) to eligible families , with the following
terms and conditions.
1. G
eneral Provisions
1.1. Contract Information and Description of Property.
A. Parties. The parties to this Long-Term Subsidy Contract (“Contract” or “LTSC”) are
the District of Columbia Housing Authority (“DCHA”) and Harvard Court Owner,
LLC (“Owner”).
B. Property Name: Harvard Court Apartments
C. Property Address: 1425 Harvard Street, NW
Washington DC 20005
D. Contents of the Contract : This is a LTSC between DCHA and the Owner for Project -
Based Assistance under the Local Rent Supplement Program (“LRSP”), as defined below
in Section 2. The LTSC consist of this contract and the following exhibits:
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
[Harvard Court Apartments] (1425 Harvard Street NW)
{0035004 - 2} 2
Exhibit A: Description of Contract Units
Number of Units by Unit Size (Number of Bedrooms): 22 Units
Address, and applicable initial contract rent for each Contract Unit
Exhibit B: Services Related to the Property, Maintenance and Utilities
Exhibit C: Basic Business License
Exhibit D: Certificate of Occupancy
Exhibit E: Supportive Services Plan (if applicable)
1.2. Effective Date of LTSC.
1.2.1. Single Stage Project – [ ] YES [ ] NO
A. Effective Date of LTSC for single-stage project: ________________________
B. For all contract units, the effective date of the LTSC is:
____________________
1.2.2. Multi-Stage Project – [ ] YES [ ] NO
A. Effective date of LTSC for multi-stage _________________________
B. Anniversary date of LTSC for multi-stage project
________________________
C. The anniversary date of the LTSC for all Contract Units in this multi -stage
project is the anniversary date of the effective date of the LTSC Units included in
the first stage.
1.3. Term of LTSC.
1.3.1. Beginning Term : ______________________________
1.3.2. Length of Initial Term : 20 years
A. The length of the initial term of the LTSC for any unit is twenty (20) years,
subject to availability, as determined by DCHA in accordance with the rules
and regulations, applicable to the LRSP, of sufficient appropriated funds
from the District of Columbia to make Rental Subsidy Payments (as defined
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
[Harvard Court Apartments] (1425 Harvard Street NW)
{0035004 - 2} 3
in Section 2 below) in accordance with the LTSC and compliance by Owner
with the terms of this LTSC and the rules, regulations and laws applicable
to the LRSP.
B. After the expiration of the initial term as provided in this LTSC, Owner may
request in writing that DCHA grant subsequent renewals of the term of the
LTSC.
C. If sufficient appropriated funds are not available at any time during the term
of this LTSC, DCHA may terminate the LTSC upon thirty (30) days written
notice to the Owner.
D. Renewal of the LTSC is subject to the availability of funds from the District
of Columbia and the Owner’s compliance with the terms of this LTSC and
all applicable laws, rules and regulations.
1.4. O ccupancy and Payment.
1.4.1. Payment for Occupied Unit(s).
A. DCHA makes Rental Subsidy Payments to the Owner for the months during
which a Contract Unit is leased and occupied by a Family during the term
of the LTSC.
B. Except for vacancy payments as provided in Section 1.4.2, if a Family
moves out of the Contract Unit, the DCHA will not make any Rental
Subsidy Payments to the Owner for any month after the month when the
Family moves out.
1.4.2. Vacancy Payment.
A. If a Family vacates the Contract Unit leased and occupied by the Family,
DCHA agrees to continue Rental Subsidy Payments to the Owner for a
vacancy period of up to sixty (60) days from commencement of the vacancy,
if:
i. The Owner gives DCHA prompt written notice within three (3)
business days of the vacancy;
ii. The vacancy is not the fault of the Owner; and
iii. The Owner has taken every reasonable action to minimize the
likelihood and length of vacancy and provides DCHA written
documentation evidencing the same.
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
[Harvard Court Apartments] (1425 Harvard Street NW)
{0035004 - 2} 4
B. If a Contract Unit remains vacant for one hundred twenty (120) days from
the first day of the month in which the Contract Unit became vacant, DCHA
may remove the Contract Unit from the LTSC with the Owner and reduce
the LTSC in an amount equivalent to the remaining months of subsidy
attributable to the vacant Contract Unit. DCHA will notify the Owner that
the number of Contract Units covered will be reduced and that the Rental
Subsidy Payments associated with the vacant Contract Unit will be reduced.
1.5. Damage or Debt to Owner.
DCHA is not responsible for any damage(s), any debt(s), or any other amounts owed by
the Family to Owner. Except as provided in Section 1.4.2. (Occupancy and Payment)
above, DCHA will not make any other payment to the Owner under this LTSC. Owner
understands, acknowledges, and agrees that DCHA will not be responsible for and will not
make any payment to Owner for any damages to the Contract Unit, or for any other
amounts owed by a Family under the Family’s lease.
1.6. Extremely Low-Income Household Requirement.
A. DCHA will make Rental Subsidy Payments under the LTSC for up to one
hundred percent (100%) of the Contract Units per building pursuant to the
LRSP requirements.
B. DCHA and Owner agree that all of the Contract Units covered by this LTSC
are designated for occupancy by Extremely Low-Income Households as
determined as of the Family’s initial occupancy of the Contract Units.
1.7. [Reserved]
2. Definitions
Agreement. Agreement to Enter into Long Term Subsidy Contract (ALTSC) between the Owner
and DCHA which provides that following new construction or rehabilitation of the Contract Units
by the Owner in accordance with the terms and conditions of the ALTSC, DCHA and Owner will
enter into the LTSC.
Area Median Income (AMI). The Area Median Income shall mean the following:
A. For a household of four (4) persons, the area median income for a household of Four
(4) persons in the Washington Metropolitan Statistical Areas as set forth in the periodic
calculation provided by the United States Department of Housing and Urban
Development;
B. For a household of three (3) persons, ninety percent (90%) of the area median income
for a household of four (4) persons;
C. For a household of two ( 2) persons, eighty percent (80%) of the area median income
for a household of four (4) persons;
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D. For a household of one ( 1) person, seventy percent (70%) of the area median income
for a household of four (4) persons; or
E. For a household of more than four (4) persons, the area median income for a household
of four (4) persons, increased by ten percent ( 10%) of the area median income for a
Family of four (4) persons for each household member exceeding four (4) persons (e.g.,
the area median income for a Family of five (5) shall be one hundred ten percent (110%)
of the area median income for a Family of four ( 4); the area median income for a
household of six ( 6) shall be one hundred twenty percent ( 120%) of the area median
income for a Family of four (4).
Contract Rent. Contract Rent shall mean the amount of rent for the Contract Unit as set forth in
Exhibit A attached to this LTSC.
Contract Units. The housing units covered by this LTSC as described in Exhibit A.
DCHA. District of Columbia Housing Authority, the agency that has entered into this LTSC with
the Owner. The agency is a public housing agency as defined in the United States Housing Act of
1937 (42 U.S.C. § 1437a(b)(6)).
Extremely Low-Income Household. A Family whose gross income does not exceed 30% of the
Area Median Income, as adjusted for size of household.
Family. Eligible person or persons approved by the DCHA to reside in a Contract Uni t with
assistance under the Program.
Housing Quality Standards (HQS). The minimum quality standards as set forth in 24 CFR
§ 982.401 for Contract Units occupied by Families receiving tenant -based, project -based, or
sponsor-based assistance under the Local Rent Supplement Program.
LRSP. Local Rent Supplement Program.
LTSC. This long-term subsidy contract which is a long- term rental subsidy payments contract
between DCHA and the Owner of the building containing Contract Units which are covered by
the LRSP rental subsidy. The LTSC consists of the contract and the exhibits referenced in Section
1.1.
Owner. The owner for whom Project-Based Assistance is being provided under this LTSC.
Premises. The building or complex in which a Contract Unit is located, including common areas
or grounds.
Principal or Interested Party. A management agent and other person or entities participating in
project management, and the officers, principal members, shareholders, investors, and other parties
having a substantial interest in the Agreement or the LTSC, or in any proceeds or benefits arising
from the Agreement or LTSC.
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Program. The Local Rent Supplement Program (LRSP) established under Title II of the Fiscal
Year 2007 Budget Support Emergency Act of 2006, effective August 8, 2006. (D.C. Act A16 -
0476; 53 DCR 7068), which is the D.C. Housing Authority Rent Supplement Act of 2006, as
amended or as provided in subsequent appropriation authority. The LRSP is established to provide
tenant-based, project -based and sponsor -based housing assistance to Extremely Low -Income
Households in the District of Columbia, including, but not limited to, those who are homeless and
those in need of supportive services, such as elderly individuals or those with disabilities.
R
ental Subsidy or Rental Subsidy Payments. The total monthly rent payable by DCHA to the
Owner with respect to a Contract Unit leased by Family from the Owner. Rental Subsidy or Rental
Subsidy Payments includes payment for any housing services, maintenance and utilities to be
provided by the Owner in accordance with the lease. The amount of such Rental Subsidy shall be
established by DCHA for each Contract Unit as the Contract Rent for the Contract Unit less an
amount equal to 30% of the Family’s household income as determined by DCHA.
T
enant Rent. The portion of the rent to Owner payable by the Family in an amount equal to 30%
of the Family’s household income as determined by DCHA, in ac cordance with Local Rent
Supplement Program requirements. DCHA is not responsible for paying any part of the Tenant
Rent. At no time during the term of this LTSC may the Tenant Rent exceed thirty percent (30%)
of the Family’s household income.
3. P
urpose
A. T
his is an LTSC between DCHA and the Owner.
B. T
he purpose of the LTSC is to provide Rental Subsidy Payments for
Families who lease from the Owner Contract Units that comply with the
HQS.
C. D
CHA agrees to make Rental Subsidy Payments to the Owner in
accordance with the LTSC and the laws, rules and regulations applicable to
the LRSP for Contract Units leased and occupied by Families during the
LTSC term.
4. C
ompletion and Acceptance of Contract Units
F
or Contract Units that are either new or substantially rehabilitated, the Owner certifies
that the Contract Units have been completed in accordance with the ALTSC. Completion
and acceptance of the Contract Units are subject to the provisions of the ALTSC for new
Contract Units or substantially rehabilitated Contract Units governed by an ALTSC.
5. R
ental Subsidy Payments for Each Contract Unit
5.1. Amount of Initial Rental Subsidy Payment to Owner.
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A. The initial amount of Rental Subsidy to Owner shall be computed in
accordance with the defined term “Rental Subsidy Payment” as set forth in
Section 2 above.
B. At the beginning of the LTSC term, and except as the Rental Subsidy to
Owner may be adjusted by DCHA from time to time strictly in accordance
with Section 6 of the LTSC, the Rental Subsidy to Owner for each bedroom
size (number of bedrooms) shall be determined in accordance with the
defined term “Rental Subsidy Payments” set forth in Section 2 above for
each Contract Unit.
5.2. LRSP Rent Requirements.
A. Notwithstanding any other provision of the LTSC, the Rental Subsidy paid
to Owner may in no event exceed the amount authorized in accordance with
the rules, regulations and laws applicable to the LRSP.
B. DCHA has the right to reduce the Rental Subsidy to Owner, at any time, to
correct any errors in establishing or adjusting the Rental Subsidy to Owner
in accordance with LRSP requirements. DCHA may recover any
overpayment from the Owner.
5.3. Subsidy and Rental Payments to Owner.
5.3.1. DCHA Rental Subsidy to Owner.
A. Each month DCHA agrees to make a Rental Subsidy Payment to the Owner
for a Contract Unit under lease to and occupied by a Family in accordance
with the terms of the LTSC and the rules, regulations, and laws applicable
to the LRSP.
B. The Rental Subsidy Payment to the Owner for a Contract Unit is equal to
the amount of Rental Subsidy as determined by DCHA after taking into
account other subsidies or assistance available to Owner.
C. The Owner will be paid the Rental Subsidy under the LTSC on or about the
first day of the month for which payment is due, unless the Owner and the
DCHA agree on a later date.
D. To receive the Rental Subsidy in accordance with the LTSC, the Owner
must comply with all provisions of the LTSC and the rules, regulations, and
laws applicable to the LRSP. Unless the Owner complies with all provisions
of the LTSC and the rules, regulations and laws applicable to the LRSP, the
Owner does not have a right to receive Rental Subsidy from DCHA.
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E. If DCHA determines that the Owner is not entitled to the payment or any
part of the Rental Subsidy Payment , DCHA, in addition to other remedies
which may be available at law or in equity, may deduct the amount of the
overpayment from any amounts due the Owner, including amounts due
under any rental subsidy payments contract with DCHA or any LTSC under
the LRSP.
F. The Owner will notify DCHA promptly of any change of circumstances that
would affect the amount of the Rental Subsidy payable from DCHA to
Owner, including any change in the amount of subsidies received from a
source other than DCHA, and will return any payment that does not conform
to the changed circumstances.
5.3.2. Payment of the Tenant Rent.
Payment of the Tenant Rent is the responsibility of the Family. DCHA is not
responsible for paying any part of the Tenant Rent, or for paying any other claim
by the Owner against a Family. DCHA is only responsible for paying the Rental
Subsidy to the Owner on behalf of a Family for the Contract Units covered by this
LTSC in accordance with the LTSC and rules, regulations and laws applicable to
the LRSP.
5.4. Termination of Ass istance for Family.
DCHA may terminate Rental Subsidy for a Family under the LTSC in accordance with all
rules, regulations and laws applicable to the LRSP. DCHA must notify the Owner in
writing of its decision to terminate Rental Subsidy in such case, and that Rental Subsidy
for the Family under the LTSC will terminate at the end of the calendar month that follows
the calendar month in which the DCHA gives such notice to the Owner.
6. Adjustment of Rental Subsidy to Owner
6.1. DCHA Determination of Adjustment of Rental Subsidy.
A. Rental Subsidy will be adjusted in accordance with applicable law, LRSP
requirements and rules and regulations applicable to the Program, including
the rules and regulations applicable to DCHA’s Partnership Program for
Affordable Housing (the “Partnership Program”).
B. Upon a request made in accordance with the applicable law, LRSP
requirements and rules and regulations applicable to the Program, including
the Partnership Program, DCHA will review such request and rents will be
increased to amounts no higher than those warranted in accordance with the
applicable law, LRSP requirements and the rules and regulations applicable
to the Program, including the Partnership Program.
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C. Subject to the availability of funds appropriated and received from the
District of Columbia, upon the Owner satisfying all requirements of DCHA
for a rent adjustment, including all applicable laws, LRSP requirements,
rules and regulations applicable to the Program, including the rules and
regulations applicable to the Partnership Program, the Owner will be
granted a rent increase (or decrease) in the amount of Rental Subsidy and
will be notified in writing of such increase (or decrease).
6.2. Maximum Rent.
The Rental Subsidy for each Contract Unit, as may be adjusted from time to time by DCHA
in accordance with Section 6, may at no time exceed reasonable rent, as determined by
DCHA, charged for comparable units in the private unassisted market.
6.3. No Special Adjustment.
DCHA will not make any special adjustments of the Rental Subsidy.
6.4. Owner Compliance with the LTSC.
DCHA shall not approve, and the Owner shall not receive, any increase of Rental Subsidy
to Owner unless all Contract Units are in accordance with HQS, and the Owner has
complied with the terms of the assisted leases and the LTSC.
6.5. Notice of Adjustment of Rental Subsidy.
In the event of a change or adjustment in the amount of Rental Subsidy, Owner will be
notified by a written notice by DCHA to the Owner in accordance with Section 6. Such
notice constitutes an amendment of the Contract Rent specified in Exhibit A.
6.6. D istrict Funding Availability.
A. Owner hereby acknowledges and agrees that DCHA’s obligations under
this LTSC are subject to the availability of sufficient appropriations from
the District of Columbia. If there is a reduction in appropriations to the
LRSP that will result in a reduction of Rental Subsidy to the Owner, DCHA
will provide written notice of such reduction to the Owner.
B. In the event funding for the Rental Subsidy under this LTSC is reduced
more than ten percent (10%), the Owner may request in writing that DCHA
remove existing vacant Contract Unit(s) in a number not greater than the
ratio of the loss in total Rental Subsidy compared to the prior year.
Upon such written request, DCHA hereby agrees to amend the LTSC to
remove the number of vacant Contract Unit(s), which number shall not be
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greater than the ratio of the loss in total Rental Subsidy compared to the
prior year.
If there are no vacant Contract Unit(s) when Owner receives notice from
DCHA of decrease in Rental Subsidy, the Owner may request in writing
that DCHA reallocate Rental Subsidy such that the decreased amount of
Rental Subsidy be allocated among the number of units under the LTSC
until such time that a vacancy occurs and is reported to DCHA in writing.
At such point, DCHA will amend the LTSC to remove the number of vacant
Contract Unit(s), which number shall: (i) not be greater than the ratio of the
loss in total Rental Subsidy compared to the prior year and (ii) not exceed
the actual number of vacant units.
For example, a LTS C has ten (10) Contract Units eligible for a maximum
of one thousand dollars ( $1,000) Rental Subsidy per month, for an annual
allocation of one hundred twenty thousand dollars ( $120,000) in Rental
Subsidy, assuming there is $0 Tenant Rent in that year. In the event that the
annual allocation of maximum eligible Rental Subsidy is reduced to one
hundred eight thousand dollars ($108,000), the reduction in maximum
annual Rental Subsidy is ten percent (10%), and the Owner would be
eligible to request one Contract Unit be removed from the LTSC.
C. Owner shall (1) attempt to mitigate any disruption to the residential tenants
and include a tenant relocation plan in accordance with the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970
and any other applicable laws and regulations of the District of Columbia;
and (2) reasonably pursue resources available to Owner for alternate
funding, prior to requesting a reduction in the number of Owner’s Contract
Unit(s) under the LTSC.
7. Owner Responsibility
The Owner is responsible for:
A. Performing all management and rental functions for the Contract Units.
B. Enforcing tenant obligations under the lease.
C. Paying for utilities and housing services (unless paid by the Family under
the lease).
D. Collecting from the tenant:
i. Any security deposit;
ii. The Tenant Rent; and
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iii. Any charge for unit damage by the Family or any other amounts
owed by the Family to the Owner.
E. Providing or causing to be provided Supportive Services to the Families
housed in the Contract Units in accordance with the Supportive Services
Plan attached hereto as Exhibit E.
8. Owner Certifications
The Owner certifies that at all times during the term of the LTSC:
A. All Contract Units are in good, safe, sanitary, and tenantable c onditions.
The Owner is maintaining the Premises and all Contract Units in accordance
with the HQS.
B. The Owner shall provide, or cause to be provided, all the services,
maintenance and utilities as agreed to under the LTSC and the leases with
Families.
C. The Owner may select applicants from a site-based waiting list maintained
by the Owner and approved by DCHA (the “Site-Based Waiting List”).
To utilize the Site -Based Waiting List, the Owner must demonstrate to
DCHA’s satisfaction that applican ts meet the eligibility requirements of
LRSP and DCHA’s Housing Choice Voucher Program (“HCVP”) as
determined by DCHA. The Owner must also provide DCHA with written
explanation for the selection of the otherwise eligible applicants not
currently on the Site-Based Waiting List.
Alternatively, the Owner may lease a Contract Unit to a Family from
DCHA’s waiting list (“DCHA Waiting List”) if the Owner requests
applicants from the DCHA Waiting List.
D. To the best of the Owner’s knowledge, the members of the Family reside in
each Contract Unit for which the Owner is receiving Rental Subsidy, and
the Contract Unit is the Family’s only residence.
E. The Owner (including a principal or other interested party) is not the parent,
child, grandparent, grandchild, sister, or brother of any member of a Family
residing in a Contract Unit.
F. The amount of the Rental Subsidy is the correct amount due under the
LTSC.
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G. The Rental Subsidy to Owner for each Contract Unit does not exceed rents
charged by the Owner for other comparable unassisted units.
H. E
xcept for the Rental Subsidy and the Tenant Rent as provided under the
LTSC, the Owner has not received and will not receive any payments or
other considerations (from the Family, DCHA, LRSP, or any other public
or private source) for rental of the Contract Unit; provided however, DCHA
may expressly agree in writing to the Owner receiving public funds to
subsidize the Contract Unit.
I. T
he Family does not own, or have any interest in the Contract Unit. If the
Owner is a cooperative, the Family may be a member of the cooperative.
J. T
he Contract Units and Premises have an automatic sprinkler system or
smoke detectors in proper condition in compliance with the Fire
Administration Authorization Act of 1992.
K. T
he Contract Units and Premises are in compliance with all applicable
Lead-Based Paint regulations and Owner has all appropriate licenses and
certificates to do business under applicable District of Columbia law.
L. T
he Owner has complied and will continue to comply with all appli cable
federal and local laws, regulations, and other requirements.
9. C
ondition of Contract Units
9.1. Owner Maintenance and Operation.
A. T
he Owner must maintain and operate the Contract Units and Premises to
provide decent, safe, and sanitary housing in accordance with the HQS,
including performance of ordinary and extraordinary maintenance.
B. T
he Owner must pro vide (or cause to be provided) the services,
maintenance and utilities in accordance with Exhibit B, and the lease with
each Family.
9.2. DCHA Inspection.
D
CHA may inspect the Contract Units and the Premises any time DCHA deems necessary
to assure that the Contract Units and Premises are in accordance with HQS and that the
Owner is providing or is causing to be provided the maintenance, utilities, and other
services in accordance with the leases and the LTSC.
9.3. Units not Decent, Safe, and Sanitary.
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If DCHA determines at any time that a Contract Unit is not in accordance with HQS or if
Owner is not in compliance with any Federal or District of Columbia law or regulation
applicable to Owner, DCHA may exercise any of its remedies under the LTSC for all or
any Contract Units.
Such remedies include, but shall not be limited to, termination, abatement, or reduction of
Rental Subsidy or termination of the LTSC or any housing assistance payment contract
between DCHA and Owner. DCHA may avail itself of any and all remedies available at
law or in equity. DCHA may exercise any such remedy respecting a Contract Unit even if
the Family continues to occupy the Contract Unit.
9.4. Maintenance and Replacement – Owner’s Standard Practice.
Maintenance and replacement (including redecoration) must be in accordance with the
standard industry practice for the type and age of the building.
10. Leasing Contract Units
10.1. Selection of Tenants.
A. During the term of the LTSC, the Owner must lease all Contract Units to
eligible Families referred from Owner’s Site-Based Waiting List in
accordance with DCHA ’s Housing C hoice Voucher Program (“H CVP”)
rules and regulations applicable to the LRSP or applicants requested from
DCHA’s Waiting List; provided however, DCHA will not make any
determinations regarding eligibility of applicants for Owner’s program for
Supportive Services. DCHA must determine Family eligibility under the
LRSP for all Contract Units in accordance with LRSP requirements.
B. The Contract Unit leased to each Family must be appropriate for the size of
the Family under the DCHA’s occupancy standards.
C. If a Contract Unit was occupied by an eligible Family at the time the unit
was selected by DCHA, or is so occupied on the effective date of the LTSC,
the Owner must offer the Family the opportunity to lease the same or
another appropriately-sized Contract Unit with assistance under the LTSC.
D. The Owner is responsible for screening and selecting tenants from the
Families referred either by DCHA from DCHA’s Waiting List or the
Owner’s Site-Based Waiting List, in accordance with DCHA’s HCVP rules
and regulations applicable to the LRSP.
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10.2. Vacancies.
A. The Owner must rent vacant Contract Units to eligible Families either on
the Owner’s Site -Based Waiting List or to eligible Families requested as
referrals from DCHA Waiting List.
B. DCHA and the Owner must make reasonably good faith efforts to minimize
the likelihood and length of any vacancy.
C. If vacancies occur, DCHA may give notice to the Owner amending Exhibit
A of the LTSC to reduce the number of Contract Units by the number of
Contract Units that have been vacant for a period of 120 or more days since
Owner’s written notice of vacancy to DCHA.
10.3. Modification of Contract Units.
Owner may request in writing that DCHA consider in its sole discretion an amendment to
Exhibit A to substitute a new Contract Unit for a Contract Unit currently covered by the
LTSC.
11. Tenancy
11.1. Lease.
The lease between the Owner and each Family must be in accordance with LRSP
requirements.
11.2. Termination of Tenancy.
A. The Owner may only terminate a tenancy in accordance with the lease and
LRSP requirements, including all applicable federal and District of
Columbia laws.
B. The Owner must give DCHA a copy of any eviction notice by Owner to the
tenant at the same time that the Owner gives notice to the tenant. Owner
eviction notice means a notice to vacate, or a complaint or other initial
pleading used to commence an eviction action under applicable District of
Columbia law.
11.3. Family Payment.
A. The Tenant Rent will be determined by DCHA in accordance with LRSP
and HCVP requirements. The amount of the Tenant Rent is subject to
change during the term of the LTSC. Any changes in the amount of the
Tenant Rent will be effective on the date stated in a written notice by DCHA
to the Family and the Owner.
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B. The amount of the Tenant Rent as determined by DCHA is the maximum
amount the Owner may charge the Family for rent of a Contract Unit,
including all housing services, maintenance and utilities to be provided by
the Owner in accordance with the LTSC and the lease.
C. The Owner may not demand or accept any rent payment from the tenant in
excess of the Tenant Rent as determined by DCHA. The Owner must
immediately return any excess rent payment from the tenant to the tenant.
D. As long as the LTSC is in effect, the Family is not responsible for payment
of the portion of the Rental Subsidy to be paid by DCHA to Owner under
the LTSC.
The Owner may not terminate the tenancy of a Family for nonpayment of
the Rental Subsidy; provided however, DCHA and Owner acknowledge and
agree that in the event that DCHA terminates this Contract for failure to
receive sufficient funding from the District of Columbia with respect to the
Contract Units, this LTSC shall be terminated and Owner may exercise any
rights or remedies against the Family in accordance with the lease or any
other agreement with the Family in accordance with applicable laws.
11.4. Other Owner Charges.
A. The lease may not require the Family or members thereof to pay charges for
meals or Supportive Services to be provided under the LTSC as provided in
Exhibit B and Exhibit E to the LTSC. Nonpayment of such charges is not
ground for termination of tenancy.
B. The Owner may not charge the Family or members thereof extra amounts
for items customarily included in rent in the locality or provided at no
additional cost to an unsubsidized tenant who resides at the Premises.
11.5. Security Deposit.
A. The Owner may collect a security deposit from the Family.
B. The Owner must comply with all District of Columbia laws and LRSP and
DCHA requirements, which may change from time to time regarding
security deposits from a tenant.
C. When the Family moves out of the Contract Unit, the Owner, subject to
District of Columbia law, may use the security deposit, including any
interest on the deposit, in accordance with the lease, as reimbursement for
any unpaid Tenant Rent, damages to the Contract Unit or other amounts
which the Family owes under the lease. The Owner must give the Family a
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written list of all items charged against the security deposit and the amount
of each item. After deducting the amount used as reimbursement to the
Owner, the Owner must promptly refund the full amount of the balance to
the Family.
D. If the security deposit is not sufficient to cover amounts the Family owes
under the lease, the Owner may seek to collect the balance from the Family.
Notwithstanding anything contained herein to the contrary, Owner
understands, acknowledges and agrees that DCHA is not responsible for
any amounts owed by the Family regardless of whether the Owner is able
to collect any amounts due and owing from the Family to Owner.
12. Overcrowded and Under-Occupied Units
If DCHA determines that a Contract Unit is not decent, safe, sanitary or appropriately-sized
because of either: (i) an increase in the Family size, thereby resulting in overcrowding of
the Contract U nit, or (ii ) a decrease in the Family size, thereby resulting in an under -
occupied Contract Unit, under the DCHA’s occupancy standards, Owner must offer the
Family a suitable Contract Unit as soon as one becomes vacant and ready for occupancy,
and require the Family to relocate to the appropriately-sized Contract Unit
13. Prohibition of Discrimination
A. The Owner may not refuse to lease Contract Units to, or otherwise
discriminate against any person or Family in leasing of a Contract Unit,
because of race, color, religion, national origin, sex, age, marital status,
personal appearance, sexual orientation, gender identity or expression,
familial status, family responsibilities, matriculation, political affiliation,
genetic information, disability, source of income, and place of residence or
business.
B. The Owner may not refuse to lease Contract Units to, or otherwise
discriminate against any Family in leasing a Contract Unit, because
members of the Family are unwed parents, pregnant women, children born
out of wedlock, or recipients of public assistance.
C. The Owner must comply with the following requirements:
i. The Fair Housing Act (42 U.S.C. §§ 3610 – 3619) and implementing
regulations at 24 CFR parts 100, et seq;
ii. Executive Orders 11063, 12259, and 12892 (Equal Opportunity in
Housing) and implementing regulations at 24 CFR part 107;
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iii. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d –
2000d-4) (prohibition of discrimination in federally assisted
programs) and implementing regulations at 24 CFR part 1;
iv. The Age Discrimination Act of 1975 (42 U.S.C. §§ 6101 – 6107)
and implementing regulations at 24 CFR part 146;
v. Section 504 of the Rehabilitation Act of 1973 implementing
regulations at 24 CFR part 8;
vi. Executive Orders 11625, 12138, and 12432 (promoting minority
and women’s business enterprise);
vii. Title II of the American with Disabilities Act (42 U.S.C. §§ 12101,
et seq .) (prohibition of employment discrimination because of
disability) and the fair housing advertising poster guidelines at 24
CFR part 110; and
viii. All applicable federal and District laws, rules and regulations.
D. DCHA and the Owner must comply with the LRSP in conducting
compliance reviews and complaint investigations pursuant to all applicable
civil rights statutes, Executive Orders, and all related rules and regulations,
including any reviews or investigations by the District of Columbia.
14. Owner Default and DCHA Remedies
14.1. Owner Default.
Any of the following is a default by the Owner under the LTSC:
A. The Owner has failed to comply with any obligation under the LTSC,
including the Owner’s obligations to maintain all Contract Units in
accordance with HQS.
B. The Owner has violated any obligation under any other housing assistance
payments contract with DCHA, whether a housing assistance payments
contract under DCHA’s HCVP or any other LTSC under the Local Rent
Supplement Program.
C. The Owner has committed fraud or made false statement to DCHA in
connection with the Agreement or the LTSC or a housing assistance
payment contract under DCHA’s HCVP.
D. The Owner has committed fraud, bribery or any other corrupt or criminal
act in connection with any Federal or local rent subsidy program.
Di
strict of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
[Harvard Court Apartments] (1425 Harvard Street NW)
{0035004 - 2} 18
E. I
f the Owner has engaged in any drug- related criminal activity or any
violent criminal activity.
14.2. DCHA Remedies.
A. I
f DCHA determines that a breach has occurred, DCHA may exercise any
of its rights or remedies under the LTSC, all applicable rules and
regulations, and any and all remedies available at law or in equity.
B. D
CHA must notify the Owner in writing of such determination. The notice
by DCHA to the Owner may require the Owner to take corrective action (as
verified by DCHA) by a time prescribed in the notice.
C. D
CHA’s rights and remedies under the LTSC include recovery of
overpayments, termination or reduction of Rental Subsidy Payments, and
termination of the LTSC as well as any other remedies available at law or
in equity.
14.3. DCHA Remedy Is Not Waived.
D
CHA’s exercise or non-exercise of any remedy for breach of the LTSC is not a waiver of
the right to exercise that remedy or any other right or remedy at any time.
15.
Termination of LTSC for Wrongful Selection of Contract Units
T
he LTSC may be terminated upon 30 days written notice to the Owner by DCHA if
DCHA determines that the Contract Units were not eligible for selection in conformity
with LRSP requirements.
16. O
wner Duty to Provide Information and Access Required by DCHA
16.1. Required Information.
T
he Owner must prepare and furnish any information pertinent to the L TSC as may
reasonably be required from time to time by DCHA. The Owner shall furnish such
information in the form and manner required by DCHA.
16.2. DCHA Access to Premises.
T
he Owner must permit DCHA or any other authorized representatives to have acce ss to
the Premises and, for the purpose of audit and examination, to have access to any books,
documents, papers, and records of the Owner to the extent necessary to determine
compliance with the LTSC, including the verification of information pertinent to the Rental
Subsidy Payments, the Supportive Services, or the LTSC.
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
[Harvard Court Apartments] (1425 Harvard Street NW)
{0035004 - 2} 19
17. DCHA and Owner Relation to Third Parties
17.1. Legal Relationship.
The Owner is not the agent of DCHA. The LTSC does not create or affect any relationship
between DCHA and any lender to the Owner or any suppliers, employees, contractors or
subcontractors used by the Owner in connection with the implementation of the LTSC.
17.2. Exclusion of Third Party Claims.
Nothing in the LTSC shall be construed as creating any right of a Family or other third
party to enforce any provision of the LTSC, or to assert any claim against DCHA or the
Owner under the LTSC.
18. Conflict of Interest
18.1. Interest of Members, Officers, or Employees of DCHA, or Other Public Officials.
No present or former member or officer of DCHA (except tenant commissioners), no
employee of DCHA who formulates policy or influences decisions with respect to the
LRSP and no public official or member of a governing body or District legislator who
exercises functions or responsibilities with respect to the LRSP, shall have any direct or
indirect interest, during his or her tenure or for one year thereafter, in the LTSC.
18.2. Disclosure.
The Owner has disclosed to DCHA any interest that would be a violation of the Agreement
or the LTSC. The Owner must fully and promptly update such disclosures.
18.3. Interest of Member of or Delegate to Congress.
No member of or delegate to the Congress of the United States of America or resident
commissioner shall be admitted to any share or part of this contract or to any benefits
arising from the LTSC.
19. Exclusion from Local and Federal Programs
19.1. Local and Federal Requirements.
The Owner must comply with and is subject to federal and District of Columbia
requirements concerning debarment, suspension, and limited denial of participation.
19.2. Disclosure.
The Owner certifies that:
Di
strict of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
[Harvard Court Apartments] (1425 Harvard Street NW)
{0035004 - 2} 20
A. The Owner has disclosed to DCHA the identity of the Owner and any
Principal or Interested party.
B. N
either the Owner nor any Principal or Interested party is on a District list
or federal list of parties excluded from District or federal pr ocurement and
non-procurement programs; and none of such parties are debarred,
suspended or subject to a limited denial of participation.
20. T
ransfer of the Contract or Property
20.1. When Consent is Required.
A. T
he Owner agrees that neither the LTSC nor the Premises may be
transferred without the advance written consent of DCHA in accordance
with LRSP requirements.
B. “T
ransfer” includes:
i. A
ny sale or assignment or other transfer of ownership, in any form,
of the LTSC or the property;
ii. T
he transfer of any right to receive Rental Subsidy Payments that
may be payable pursuant to the LTSC;
iii. T
he creation of a security interest in the LTSC or the property;
i
v. Foreclosure or other execution on a security interest; or
v. A
creditor’s lien, or transfer in bankruptcy.
C. O
wner may make any sale, assignment, or transfer of a passive, non -
controlling interest in the ownership entity (such as a stock transfer or
transfer of the interest of a limited liability company); provided that Owner
provides written notification to DCHA within five (5) days of such transfer
of interest. For any sale, assignment or transfer of any ownership interest
in any general partner or managing member of a limited liability company,
Owner shall obtain written consent from DCHA prior to any transfer of
interest in any general partner or managing member.
20.2. Transferee Assumption of LTSC.
N
o transferee (including the holder of a security interest, the security holder’s transferee or
successor in interest, or the transferee upon exercise of a security interest) shall have any
right to receive any payment of rental subsidy payments pursuant to the LTSC, or to
exercise any rights or remedies under the LTSC, unless DCHA has consented in advance,
in writing to such transfer, and the transferee has agreed in writing, in a form acceptable to
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
[Harvard Court Apartments] (1425 Harvard Street NW)
{0035004 - 2} 21
DCHA in accordance with LRSP requirements, to assume the obligations of the Owner
under the LTSC, and to comply with all terms of the LTSC.
20.3. Effect of Consent to Transfer.
A. The creation or transfer of any security interest in the LTSC is limited to
amounts payable under the LTSC in accordance with the terms of the LTSC.
B. DCHA consent to transfer of the LTSC or the Premises does not change the
terms of the LTSC in any way, and does not change the rights or obligations
of DCHA or the Owner under the LTSC.
C. DCHA’s consent to transfer of the LTSC or the Premise s to any transferee
does not constitute consent to any further transfers of the LTSC or the
Premises , including further transfers to any successors or assigns of an
approved transferee.
20.4. When Transfer is Prohibited.
DCHA will not consent to the transfer if any transferee, or any principal or other interested
party is debarred, suspended or subject to a limited denial of participation under District or
federal law or is listed on a District or federal list of parties excluded from District or
federal procurement or non-procurement programs.
21. Owner Disclosure of Other Government Assistance
21.1. Limit of Payments.
Rental Subsidy under the LTSC must not be more than is necessary, as determined in
accordance with LRSP requirements, to provide housing to Extremely Low-Income
households after taking account of such related assistance. DCHA will adjust in accordance
with LRSP requirements the amount of the rental subsidy payments to the Owner to
compensate in whole or in part for such related assistance.
22. Notice and Owner Certifications
Where either party is required to give notice pursuant to the LTSC, such notice shall be
sent in writing via first class mail deposited with the U.S. Postal Service, via overnight
delivery, via electronic mail or via facsimile. Any notices required herein shall be sent to
the appropriate addresses listed below. The addresses set forth below may only be changed
by written notice to the other party.
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
[Harvard Court Apartments] (1425 Harvard Street NW)
{0035004 - 2} 22
If to Owner:
Harvard Court Owner, LLC
C/o Harvard Court Apts
1090 Vermont Avenue NW, Suite 400
Washington, DC 20005
Attn: Thalia Lankin, Authorized Agent
If to DCHA:
District of Columbia Housing Authority
300 7th Street, SW, Tenth Floor
Washington, DC 20024
Attn: Sr. Vice President, Housing Choice Voucher Program
With a Copy to:
District of Columbia Housing Authority
300 7th Street, SW, Tenth Floor
Washington, DC 20024
Attn: Sr. Vice President, Office of the General Counsel
Any certification or warranty by Owner pursuant to the LTSC shall be deemed a material
representation of fact upon which reliance was placed when this transaction was made or
entered into.
23. Indemnification
Owner shall indemnify and hold harmless DCHA for any liability incurred as a result of
any liability incurred by DCHA for acts or omissions made by Owner or its agents,
employees, contractors or representatives in connection with this LTSC, including without
limitation, violation by Owner or its agents, employees, contractors or representatives of
any laws applicable to Owner or its agents, employees, contractors or representatives.
24. Entire Agreement
The Agreement to Enter into Long Term Subsidy Contract (if entered into by the Owner
and DCHA for development of new units or rehabilitation of existing units) and the LTSC,
including the exhibits, constitute the entire agreement between DCHA and the Owner.
Except as expressly provided for in this LTSC, no changes to the LTSC may be made
except in writing, signed by both the Owner and DCHA.
25. Additional Provisions (if any)
Prior to execution of this LTSC, Owner shall provide to DCHA, for review and approval,
any and all agreements executed in connection therewith the supportive services to be
rendered under this LTSC.
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
[Harvard Court Apartments] (1425 Harvard Street NW)
{0035004 - 2} 23
26. Counterparts
This Long-Term Subsidy Contract may be executed in counterparts, each of which shall
be an original, but all of which shall constitute one agreement.
Remainder of Page Left Blank Intentionally
Di
strict of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
[Harvard Court Apartments] (1425 Harvard Street NW)
{0035004 - 2} 24
District of Columbia Housing Authority
Local Rent Supplement Program (LRSP)
Long Term Subsidy Contract (LTSC)
I
N WITNESS WHEREOF, the Owner and DCHA have caused this Long-Term Subsidy Contract
to be executed and attested by their respective duly authorized representatives.
O
WNER:
H
arvard Court Owner, LLC,
a District of Columbia limited liability company
By: Harvard Court Manager, LLC
a District of Columbia limited liability company
its Managing Member
By: The NHP Foundation
a District of Columbia not-fo r-profit corporation
its Managing Member
By:
Name:
Title:
D
ate: ____________________________________
DI
STRICT OF COLUMBIA HOUSING AUTHORITY
B
y: _______________________________
Name: Keith Pettigrew
Title: Executive Director
D
ate: _______________________________
Di
strict of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
[Harvard Court Apartments] (1425 Harvard Street NW)
{0035004 - 2} 25
E XHIBIT A
CONTRACT UNITS
Di
strict of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
[Harvard Court Apartments] (1425 Harvard Street NW)
{0035004 - 2} 26
EXHIBIT B
SERVICES RELATED TO THE PROPERTY,
MAINTENANCE AND UTILITIES
Di
strict of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
[Harvard Court Apartments] (1425 Harvard Street NW)
{0035004 - 2} 27
EXHIBIT C
BASIC BUSINESS LICENSE
Di
strict of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
[Harvard Court Apartments] (1425 Harvard Street NW)
{0035004 - 2} 28
EXHIBIT D
CERTIFICATE OF OCCUPANCY
{0035002 -}
Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 35 of 38
[Harvard Court Apartments] (1425 Harvard Street, NW)
E XHIBIT E
STAGES
{0035002 -}
Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 36 of 38
[Harvard Court Apartments] (1425 Harvard Street, NW)
E XHIBIT F
ARCHITECT CERTIFICATE
April 8, 2025
Sharnitta Evans-Wilson
District of Columbia Housing Authority
1133 North Capitol Street NE, Suite 100
Washington, DC 20002-7549
Re: Harvard Court
Dear Ms. Evans-Wilson:
Shalom Baranes Associates is the design architect of record for the new construction of the
buildings for the Harvard Court project (the “Buildings”).
This letter is to state that to the best of my knowledge and belief, the Buildings will be constructed
in accordance with the certified working drawings and specifications; and that the Buildings will
comply with the federal housing quality standards (“HQS”), District of Columbia codes and
ordinances, and zoning requirements.
Sincerely,
Ari Blumenthal, AIA
Senior Principal
{0035002 -}
Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 37 of 38
[Harvard Court Apartments] (1425 Harvard Street, NW)
E XHIBIT G
DAVIS BACON WAGE SCHEDULE
"General
Decision
Number:
DC20240002
08/23/2024
Superseded
General
Decision
Number:
DC20230002
State: District
of Columbia
Construction
Type: Building
County: District of Columbia Statewide.
BUILDING CONSTRUCTION PROJECTS (does not include single
family
homes or apartments up to and including 4 stories).
Note: Contracts subject to the Davis-Bacon Act are
generally
required to pay at least the applicable minimum wage rate
required under Executive Order 14026 or Executive Order
13658.
Please note that these Executive Orders apply to covered
contracts entered into by the federal government that are
subject to the Davis-Bacon Act itself, but do not apply to
contracts subject only to the Davis-Bacon Related Acts,
including those set forth at 29 CFR 5.1(a)(1).
___________________________________________________________
___
|If the contract is entered |. Executive Order 14026
|
|into on or after January 30, | generally applies to the
|
|2022, or the contract is | contract.
|
Harvard Court 2900 14th Street NW PROJECT:
Building Decision No.: DC20240002
Modification No.: 8
Publication Date: 8/23/2024
LOCK-IN DATE: 10/24/2024 LABOR STANDARD- Construction must start by
4/24/2025, otherwise a new Wage Decision must be assigned.
MONITORS: Fabian Furr (Field/Admin) Office # (202) 442-7293 & Work Cell #
(202) 329-4117
|renewed or extended (e.g., an |. The contractor must pay
|
|option is exercised) on or | all covered workers at
|
|after January 30, 2022: | least $17.20 per hour (or
|
| | the applicable wage rate
|
| | listed on this wage
|
| | determination, if it is
|
| | higher) for all hours
|
| | spent performing on the
|
| | contract in 2024.
|
|______________________________|___________________________
__|
|If the contract was awarded on|. Executive Order 13658
|
|or between January 1, 2015 and| generally applies to the
|
|January 29, 2022, and the | contract.
|
|contract is not renewed or |. The contractor must pay
all|
|extended on or after January | covered workers at least
|
|30, 2022: | $12.90 per hour (or the
|
| | applicable wage rate
listed|
| | on this wage
determination,|
| | if it is higher) for all
|
| | hours spent performing on
|
| | that contract in 2024.
|
|______________________________|___________________________
__|
The applicable Executive Order minimum wage rate will be
adjusted annually. If this contract is covered by one of
the
Executive Orders and a classification considered necessary
for
performance of work on the contract does not appear on this
wage determination, the contractor must still submit a
conformance request.
Additional information on contractor requirements and
worker
protections under the Executive Orders is available at
http://www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/05/2024
1 01/12/2024
2 02/23/2024
3 04/05/2024
4 05/10/2024
5 07/05/2024
6 08/02/2024
7 08/09/2024
8 08/23/2024
ASBE0024-007 10/01/2023
Rates Fringes
ASBESTOS WORKER/HEAT & FROST
INSULATOR........................$ 40.02 19.67+a
Includes the application of all insulating materials,
protective coverings, coatings and finishes to all types
of
mechanical systems
a. PAID HOLIDAYS: New Year's Day, Martin Luther King Day,
Memorial Day, Independence Day, Labor Day, Veterans' Day,
Thanksgiving Day,the day after Thanksgiving and Christmas
Day provided the employee works the regular work day
before
and after the paid holiday.
-----------------------------------------------------------
-----
ASBE0024-008 04/01/2021
Rates Fringes
ASBESTOS WORKER: HAZARDOUS
MATERIAL HANDLER.................$ 24.46 8.69+a
Includes preparation, wetting, stripping, removal,
scrapping,
vacuuming, bagging and disposing of all insulation
materials, whether they contain asbestos or not, from
mechanical systems
a. PAID HOLIDAYS: New Year's Day, Martin Luther King Day,
Memorial Day, Independence Day, Labor Day, Veterans' Day,
Thanksgiving Day,the day after Thanksgiving and Christmas
Day provided the employee works the regular work day
before
and after the paid holiday.
-----------------------------------------------------------
-----
ASBE0024-014 04/01/2023
Rates Fringes
FIRESTOPPER......................$ 29.80 9.83+a
Includes the application of materials or devices within
or
around penetrations and openings in all rated wall or
floor
assemblies, in order to prevent the pasage of fire, smoke
of other gases. The application includes all components
involved in creating the rated barrier at perimeter slab
edges and exterior cavities, the head of gypsum board or
concrete walls, joints between rated wall or floor
components, sealing of penetrating items and blank
openings.
a. PAID HOLIDAYS: New Year's Day, Martin Luther King Day,
Memorial Day, Independence Day, Labor Day, Veterans' Day,
Thanksgiving Day,the day after Thanksgiving and Christmas
Day provided the employee works the regular work day
before
and after the paid holiday.
-----------------------------------------------------------
-----
BRDC0001-002 04/28/2024
Rates Fringes
BRICKLAYER.......................$ 37.50 14.38
-----------------------------------------------------------
-----
CARP0197-011 05/01/2024
Rates Fringes
CARPENTER, Includes Drywall
Hanging, Form Work, and Soft
Floor Laying-Carpet..............$ 34.41 14.33
-----------------------------------------------------------
-----
CARP0219-001 05/01/2024
Rates Fringes
MILLWRIGHT.......................$ 38.61 16.89
-----------------------------------------------------------
-----
CARP0474-006 05/01/2024
Rates Fringes
PILEDRIVERMAN....................$ 36.60 14.47
-----------------------------------------------------------
-----
ELEC0026-016 06/05/2023
Rates Fringes
ELECTRICIAN, Includes
Installation of
HVAC/Temperature Controls........$ 53.00 21.35
-----------------------------------------------------------
-----
ELEC0026-017 09/04/2023
Rates Fringes
ELECTRICAL INSTALLER (Sound
& Communication Systems).........$ 31.05 12.30
SCOPE OF WORK: Includes low voltage construction,
installation, maintenance and removal of teledata
facilities (voice, data and video) including outside
plant,
telephone and data inside wire, interconnect, terminal
equipment, central offices, PABX, fiber optic cable and
equipment, railroad communications, micro waves, VSAT,
bypass, CATV, WAN (Wide area networks), LAN (Local area
networks) and ISDN (Integrated systems digital network).
WORK EXCLUDED: The installation of computer systems in
industrial applications such as assembly lines, robotics
and computer controller manufacturing systems. The
installation of conduit and/or raceways shall be
installed
by Inside Wiremen. On sites where there is no Inside
Wireman employed, the Teledata Technician may install
raceway or conduit not greater than 10 feet. Fire alarm
work is excluded on all new construction sites or
wherever
the fire alarm system is installed in conduit. All HVAC
control work.
-----------------------------------------------------------
-----
ELEV0010-001 01/01/2024
Rates Fringes
ELEVATOR MECHANIC................$ 54.77 37.885+a+b
a. PAID HOLIDAYS: New Year's Day, Memorial Day,
Independence
Day, Labor Day, Veterans' Day, Thanksgiving Day,
Christmas
Day and the Friday after Thanksgiving.
b. VACATIONS: Employer contributes 8% of basic hourly
rate
for 5 years or more of service; 6% of basic hourly rate
for
6 months to 5 years of service as vacation pay credit.
-----------------------------------------------------------
-----
IRON0005-005 06/01/2024
Rates Fringes
IRONWORKER, STRUCTURAL AND
ORNAMENTAL.......................$ 37.86 25.86
-----------------------------------------------------------
-----
IRON0005-012 05/01/2024
Rates Fringes
IRONWORKER, REINFORCING..........$ 31.88 23.78
-----------------------------------------------------------
-----
LABO0011-009 06/01/2023
Rates Fringes
LABORER: Skilled................$ 28.95 7.70
FOOTNOTE: Potmen, power tool operator, small machine
operator, signalmen, laser beam operator, waterproofer
(excluding roofing), open caisson, test pit,
underpinning,
pier hole and ditches, laggers and all work associated
with
lagging that is not expressly stated, strippers, operator
of hand derricks, vibrator operators, pipe layers, or
tile
layers, operators of jackhammers, paving breakers,
spaders
or any machine that does the same general type of work,
carpenter tenders, scaffold builders, operators of
towmasters, scootcretes, buggymobiles and other machines
of
similar character, operators of tampers and rammers and
other machines that do the same general type of work,
whether powered by air, electric or gasoline, builders of
trestle scaffolds over one tier high and sand blasters,
power and chain saw operators used in clearing,
installers
of well points, wagon drill operators, acetylene burners
and licensed powdermen, stake jumper,demolition.
-----------------------------------------------------------
-----
MARB0002-004 04/28/2024
Rates Fringes
MARBLE/STONE MASON...............$ 44.30 20.92
INCLUDING pointing, caulking and cleaning of All types of
masonry, brick, stone and cement EXCEPT pointing,
caulking,
cleaning of existing masonry, brick, stone and cement
(restoration work)
-----------------------------------------------------------
-----
MARB0003-006 04/28/2024
Rates Fringes
TERRAZZO WORKER/SETTER...........$ 33.41 13.94
-----------------------------------------------------------
-----
MARB0003-007 04/28/2024
Rates Fringes
TERRAZZO FINISHER................$ 28.09 12.29
-----------------------------------------------------------
-----
MARB0003-008 04/28/2024
Rates Fringes
TILE SETTER......................$ 33.41 13.94
-----------------------------------------------------------
-----
MARB0003-009 04/28/2024
Rates Fringes
TILE FINISHER....................$ 28.09 12.29
-----------------------------------------------------------
-----
PAIN0051-014 06/01/2023
Rates Fringes
GLAZIER
Glazing Contracts $2
million and under...........$ 30.52 13.85
Glazing Contracts over $2
million.....................$ 34.76 13.85
-----------------------------------------------------------
-----
PAIN0051-015 06/01/2023
Rates Fringes
PAINTER
Brush, Roller, Spray and
Drywall Finisher............$ 27.46 11.56
-----------------------------------------------------------
-----
PLAS0891-005 07/01/2023
Rates Fringes
PLASTERER (Including
Fireproofing)....................$ 31.83 8.96
-----------------------------------------------------------
-----
PLAS0891-006 02/01/2023
Rates Fringes
CEMENT MASON/CONCRETE FINISHER...$ 30.00 12.99
-----------------------------------------------------------
-----
PLUM0005-010 08/01/2024
Rates Fringes
PLUMBER..........................$ 51.25 22.46+a
a. PAID HOLIDAYS: Labor Day, Veterans' Day, Thanksgiving
Day
and the day after Thanksgiving, Christmas Day, New Year's
Day, Martin Luther King's Birthday, Memorial Day and the
Fourth of July.
-----------------------------------------------------------
-----
PLUM0602-008 08/01/2024
Rates Fringes
PIPEFITTER, Includes HVAC
Pipe Installation................$ 52.27 23.79+a
a. PAID HOLIDAYS: New Year's Day, Martin Luther King's
Birthday, Memorial Day, Independence Day, Labor Day,
Veterans' Day, Thanksgiving Day and the day after
Thanksgiving and Christmas Day.
-----------------------------------------------------------
-----
ROOF0030-016 07/01/2024
Rates Fringes
ROOFER...........................$ 34.76 14.91
-----------------------------------------------------------
-----
SFDC0669-002 04/01/2024
Rates Fringes
SPRINKLER FITTER (Fire
Sprinklers)......................$ 42.32 25.80
-----------------------------------------------------------
-----
* SHEE0100-015 11/01/2023
Rates Fringes
SHEET METAL WORKER (Including
HVAC Duct Installation)..........$ 47.92 22.72+a
a. PAID HOLIDAYS: New Year's Day, Martin Luther King's
Birthday, Memorial Day, Independence Day, Labor Day,
Veterans Day, Thanksgiving Day and Christmas Day
-----------------------------------------------------------
-----
* SUDC2009-003 05/19/2009
Rates Fringes
LABORER: Common or General......$ 13.04 ** 2.80
LABORER: Mason Tender -
Cement/Concrete..................$ 15.40 ** 2.85
LABORER: Mason Tender for
pointing, caulking, cleaning
of existing masonry, brick,
stone and cement structures
(restoration work); excludes
pointing, caulking and
cleaning of new or
replacement masonry, brick,
stone and cement.................$ 11.67 **
POINTER, CAULKER, CLEANER,
Includes pointing, caulking,
cleaning of existing masonry,
brick, stone and cement
structures (restoration
work); excludes pointing,
caulking, cleaning of new or
replacement
masonry, brick, stone or
cement...........................$ 18.88
-----------------------------------------------------------
-----
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
===========================================================
=====
** Workers in this classification may be entitled to a
higher
minimum wage under Executive Order 14026 ($17.20) or 13658
($12.90). Please see the Note at the top of the wage
determination for more information. Please also note that
the
minimum wage requirements of Executive Order 14026 are not
currently being enforced as to any contract or subcontract
to
which the states of Texas, Louisiana, or Mississippi,
including
their agencies, are a party.
Note: Executive Order (EO) 13706, Establishing Paid Sick
Leave
for Federal Contractors applies to all contracts subject to
the
Davis-Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If
this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for
their
own illness, injury or other health-related needs,
including
preventive care; to assist a family member (or person who
is
like family to the employee) who is ill, injured, or has
other
health-related needs, including preventive care; or for
reasons
resulting from, or to assist a family member (or person who
is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional
information
on contractor requirements and worker protections under the
EO
is available at
https://www.dol.gov/agencies/whd/government-contracts.
Unlisted classifications needed for work not included
within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract
clauses
(29CFR 5.5 (a) (1) (iii)).
-----------------------------------------------------------
-----
The body of each wage determination lists the
classification
and wage rates that have been found to be prevailing for
the
cited type(s) of construction in the area covered by the
wage
determination. The classifications are listed in
alphabetical
order of ""identifiers"" that indicate whether the
particular
rate is a union rate (current union negotiated rate for
local),
a survey rate (weighted average rate) or a union average
rate
(weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier
enclosed
in dotted lines beginning with characters other than ""SU""
or
""UAVG"" denotes that the union classification and rate
were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier
of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers.
0198
indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198. The next
number,
005 in the example, is an internal number used in
processing
the wage determination. 07/01/2014 is the effective date of
the
most current negotiated rate, which in this example is July
1,
2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA)
governing
this classification and rate.
Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate
that
no one rate prevailed for this classification in the survey
and
the published rate is derived by computing a weighted
average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non-union rates. Example: SULA2012-007 5/13/2014. SU
indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA
indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number,
007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey
completion
date for the classifications and rates under that
identifier.
Survey wage rates are not updated and remain in effect
until a
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted
union
average rate. OH indicates the state. The next number, 0010
in
the example, is an internal number used in producing the
wage
determination. 08/29/2014 indicates the survey completion
date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January
of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate
is
based.
State Adopted Rate Identifiers
Classifications listed under the ""SA"" identifier indicate
that
the prevailing wage rate set by a state (or local)
government
was adopted under 29 C.F.R �1.3(g)-(h). Example:
SAME2023-007
01/03/2024. SA reflects that the rates are state adopted.
ME
refers to the State of Maine. 2023 is the year during which
the
state completed the survey on which the listed
classifications
and rates are based. The next number, 007 in the example,
is an
internal number used in producing the wage determination.
01/03/2024 reflects the date on which the classifications
and
rates under the ?SA? identifier took effect under state law
in
the state from which the rates were adopted.
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WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This
can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position
on
a wage determination matter
* a conformance (additional classification and rate)
ruling
On survey related matters, initial contact, including
requests
for summaries of surveys, should be with the Wage and Hour
National Office because National Office has responsibility
for
the Davis-Bacon survey program. If the response from this
initial contact is not satisfactory, then the process
described
in 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour
Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of
the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable,
an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are
final.
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END OF GENERAL DECISION"