Proposed Multiyear Contract between the District of Columbia Housing Authority and 950 Eastern Avenue TM L.L.C. for Contract Number 2026-LRSP-02A

March 24, 20 26
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 Ent er i nto a Long-T erm Subsidy Contract (“ALTSC”) between
the District of Columbia Housing Authority (“DCHA”) and 950 Ea stern A ve TM L.L.C. (“Owner”), and (b) Local Rent
Supplement Program Contract No. 2026-LRSP-02A Approval Resolution of 2026. DCHA proposes to provide a ho using
subsidy to the Owner in the initial amount of $437,216 annually for a multi-year term of twe nty ( 20) years, in support
of the District’s Local Rent Supplement Program to provide thirteen (13) affordable housing units at 950 Eastern
Avenue located at 950 Eastern Avenue, NE.
As always, I am available to discuss any questions you may have regarding the proposed ALTSC. In order to facilitate a
response to any questions concerning this ALTSC, please have your staff contact my Chief of Staff , Alethea McNair at
(202) 993-8190.
I look forward to your favorable consideration of this proposed ALTSC agreement.
Sincerely,
Keit
h Pettigrew
Executive Director, District of Columbia Housing Authority
Enclo
sures
KP/hg
cc: N
yasha Smith, Secretary to the Council

Date: March 24, 2026
Pursuant 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:
COUNCIL CONTRACT SUMMARY
(A) Contract Number: 2026-LRSP-02A
Proposed Contractor: 950 Eastern Ave TM L.L.C. (the “Owner”)
Contract Amount (Base Period): $437,216 Annually
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 Method: 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 950 Eastern Ave TM L.L.C. (the “Owner”). DCHA
proposes to provide a housing subsidy to the Owner in the initial amount of $437,216.00
annually for a multi-year term of twenty
(20) years, in support of the District’s Local Rent
Supplement Program (“LRSP”) to provide affordable housing at 950 Eastern Ave located
at
950 Eastern Avenue NE.
(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 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
2
homeless and individuals with mental or physical disabilities throughout Washington,
DC.
After 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) The 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:
950 Eastern Ave:
The project site has a land area of approximately 20,012 square feet, which contains an
abandoned convenience store constructed in the 1980’s. The convenience store will be
demolished in order to construct a multi-family building consisting of thirteen (13)
permanent support housing units and forty-three (43) units supporting residents at or
below the 50% area median income level. The proposed building will be approximately
85,835 and will support a four-story wood frame build over a concrete podium with a
penthouse. The project will house fifty-six (56) units, twelve (12) of which will be one-
bedrooms, twenty-seven (27) will be two bedrooms and seventeen (17) will be three-
bedrooms. Nine (9) out of the fifty-six (56) units will be allocated as Type A and will
meet wheelchair accessibility standards with maneuvering clearances, controls with reach
ranges, accessible sinks and spaces withing the kitchen and bathrooms, as well as a
variety of other features.
The proposed community will have two community and amenity spaces, one on the
ground floor and one on the penthouse levels. The building will have over 1,100 square
feet of progressive commercial space, which the development team will have the United
Planning Organization operate from to provide hands on resident services throughout the
life of the project. Residents will also have access to secured mail and package rooms as
well as an outdoor space to congregate and hold activities. Each floor will have a trash
room, which leads to a main trash and recycling compactor adjacent to the loading area.
The loading area is being provided to assist residents with scheduling move-ins/outs. The
property will also have a full-time maintenance technician as well as site manager who
3
will be able to assist residents with any request throughout the day. The garage level will
be able to hold twenty-eight (28) parking spaces as well as a maintenance shop, utilities
rooms and bicycle storage and repair space for its residents. The building has been
designed for compliance with Enterprise Green Communities Plus, will meet all current
code standards according to the District of Columbia Municipal Regulations (DCMR)
and is being constructed by-right within its MU-4 land use.
The proposed building will contain thirteen (13) Permanent Supportive Housing
Residential units targeting families. Outside of the substantial supportive services notes in
the Resident Services Plan, the following amenities will be provided on-site to meet the
needs of both the PSH and non-PSH target population:
• First floor United Planning Organization operational space to provide both in-person
and hybrid supportive services across numerous tenant demographics.
• First floor mail and package room for protected resident mail access.
• Garage level bike parking and repair for resident use.
• Covered, podium parking for 28 vehicles under the residential structure.
• Loading space and two-elevators for ease of resident move-in/out.
• Trash rooms on-each floor leading to a main ground-level trash and re-cycling
compactor for ease of waste disposal.
• First floor and penthouse community space for day-to-day resident use, management
and supportive service staff lead events.
• Accessible entrances and throughways to ensure residents with physical and mental
deficits are given full mobility into and out of the building.
• Transit Screen in main lobby to provide residents with local transit maps and schedules.
(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:
Not applicable.
(H) Performance standards and the expected outcome of the proposed amount:
The housing subsidy shall be used solely to support housing costs associated with the
affordable housing units at 950 Eastern Ave located at 950 Eastern Avenue, NE 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:
None.
(J) A certification that the proposed 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:
CFO 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:
Pending Litigation Certification and Legal Sufficiency Memo are attached.
(L) A certification that Citywide Clean 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 92) 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):
Clean 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:
Federal 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.:
950 Eastern Ave TM L.L.C. 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:
Not 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 determination 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.
Initial File #: L00007218559
Entity Type: Domestic Limited Liability Company
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENT OF LICENSING AND CONSUMER PROTECTION
CORPORATIONS DIVISION
C E R T I F I C A T E
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
950 Eastern Ave TM L.L.C.
WE FURTHER CERTIFY that the domestic filing entity is formed under the law of the District on
02/03/2022; 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.
IN TESTIMONY WHEREOF I have hereunto set my hand and caused the seal of this office to be
affixed as of 01/06/2026 1:57 PM
Muriel Bowser
Mayor
Tracking #: C2026CT0007055
Business and Professional Licensing Administration

Oocusign Envelope ID: 76C451 FC-F322-413A-BF07-F29F42ADC9F0
!ill CUBED
~PARTNERS
CERTIFICATE OF FEDERAL TAXES
Date: D1 o,c:h ~, 20~
District of Columbia Housing Authority
300 7th Street, SW, 10th Floor
Washington, DC 20032
Emmanuel Egoegonwa Egoegonwa I, _______________ , hereby certify that 950 Eastern Ave TM LLC
is current with its federal taxable obligations, or has worked out and is current with a
payment schedule approved by the federal government.
1Al)oeu$lpd.,,
By: L~l¥04
Emmanuel Egoegonwa Name: ___________ _
Authorized officer
Title: ___________ _
March 10 26 Date: _____ , 20_
State otDr,:rtf\Gf oF U\u~
1
J q
County of ~(\)fr~---
I hereby certify that on this .lo±t day of~. 2@i, fm,ni:t'),(l, &JX,770frs~nally
appeared before me and acknowledged he is the Authorized officer of 950 Eastern Ave TM
LLC, and in his capacity as the Authorized Officer of 950 Eastern Ave TM LLC, [he/she]
executed this certificate as of the date set forth above.
Notary Seal By:_-f) __ ~_u_-_____ _
Name: PtmarQ chi O µ
Docuslgn Envelope ID: 7~51FC-F322-413A-BF07-F29F42AOC9F0
llllCUBED
~PARTNERS
The undersigned hereby certifies that the 950 Eastern Ave TM LLC is currently not, and will
not be, in violation of District of Columbia Code §1-1163.34a, which provides a covered
contractor, shall not contribute to a prohibited recipient during the prohibited period.
~· By: ~ .. ,
Emmanuel Egoegonwa
Name: ________ _
Authorized officer
Title: ______ _
NOTARY:
I hereby certify that on this IO t-k' day of tk:.., 2~ 6v, I() CV) l/ p\ ~J O~jD()LiJ q
Personally, and signed this document and acknowledged that he is the Authorized Officer of 950
Easterner Ave TM LLC as the Owner of 950 Eastern Ave.
Notary Public:
Name: Ama,O. (b," 01;.L
Docuslgn Envelope ID: 7~51 FC-F322~ 13A-BF07-F29F42ADC9FO
lfll CUBED
~PARTNERS
Date:rfletcch
CERTIFICATE OF PENDING LITIGATION
@,202li__
District of Columbia Housing Authority
300 7th Street, SW, 10th Floor
Washington, DC 20032
Emmanuel Egoegonwa 950 Eastern Ave TM LLC
I, ______ , Egoegonwa , hereby certify that _____ has no pending
claims against the District of Columbia or the District of Columbia Housing Authority
_ ..
By: -
--t--~-=F'l=CAS=-=24:---_ -------
N Emmanuel Egoegonwa ame: -----------Authorized officer Title: ------------March 10
Date: 20 26 ____ _, -
State of l) j s+r, ct Of U) lu m1> q
County of _(\)-=-k....;._ __ _
I hereby certify that on this_ day of_~ 20_, _____ personally appeared
before me and acknowledged he is the authorized officer of 950 Eastern Ave TM LLC, and in
his capacity as the authorized officer of 950 Eastern Ave TM LLC, he executed this
certificate as of the date set forth above.
Notary Seal By:_~-=.;.....:..... _______ _
Name: Prrnar aeh) Q r;p,
.'
Docuslgn Envelope ID: OEC63A33-B64A_.233-8965-BB826EC 18DBE
riilCUBED
~PARTNERS
TEAM AFFIDAVIT CERTIFICATE
Emmanuel Egoegonwa cubed Partners I,_______ _ ___ of _________ , 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:
Project Name: 950 Eastern Ave
Project Number: TBD '----'--=-----------
CONSTRUCTION TEAM:
Contractor: 950 Eastern Ave TM LLC
Subcontractor: NA
----------
Subcontractor: NA ----------
Subcontractor: NA ----------
I further attest that no principal, major stockholder, officer, or director of the construction
team is debarred from participating in a federal procurement or non-procurement program.
s[~ __ • ___ _
Emmanuel Egoegonwa
Name:. ___________ _
Title: Authorized officer
March 10 26 Date: _____ , 20_
State of Di s\ri ct ix (v lL!1lb~c
County of _/{)~Pr __ _
~-.... _ ~Do rt.Jtl 1 hereby certify that on this .1Q!t. day of t<)greh 9-t)'J,6 J wrrnru e L personally
appeared before me and acknowledged he is the Authorized officer of 950 Eastern Ave TM
LLC, and in his capacity as the Authorized officer of 950 Eastern Ave TM LLC, he executed
this certificate as of the date set forth above.
Notary Seal
By:-fJftJ-
1101 4th Street, SW
Washington, DC 20024
Date of Notice: January 16, 2026 L0015488811Notice Number:
FEIN: **-***2548
Case ID: 18831132
Government of the District of Columbia
Office of the Chief Financial Officer
Office of Tax and Revenue
950 EASTERN AVE TM LLC
3321 GEORGIA AVE NW UNIT 43075
WASHINGTON DC 20010-7527
Branch Chief, Collection and Enforcement Administration
Authorized By Melinda Jenkins
To validate this certificate, please visit MyTax.DC.gov. On the MyTax DC homepage, click the
“Validate a Certificate of Clean Hands” hyperlink under the Clean Hands section.
CERTIFICATE OF CLEAN HANDS
As reported in the Clean Hands system, the above referenced individual/entity has no outstanding
liability with the District of Columbia Office of Tax and Revenue or the Department of Employment
Services. As of the date above, the individual/entity has complied with DC Code § 47-2862, therefore
this Certificate of Clean Hands is issued.
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)
§ 47-2862 PROHIBITION AGAINST ISSUANCE OF LICENSE OR PERMIT
1101 4th Street SW, Suite W270, Washington, DC 20024/Phone: (202) 724-5045/MyTax.DC.gov
COPY
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
March 24, 2026
Local Rent Supplement Program – Agreement to Enter into a Long Term Subsidy Contract between
the District of Columbia Housing Authority and 950 Eastern Ave TM L.L.C.
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
950 Eastern Ave TM L.L.C. (the “Owner”) for legal sufficiency:
Project
:
950 Eastern Ave – The project site has a land area of approximately 20,012 square feet, which contains an
abandoned convenience store constructed in the 1980’s. The convenience store will be demolished in order to
construct a multi-family building consisting of thirteen (13) permanent support housing units and forty-three (43)
units supporting residents at or below the 50% area median income level. The proposed building will be
approximately 85,835 square feet and will support a four-story wood frame build over a concrete podium with a
penthouse. The project will house fifty-six (56) units: twelve (12) one-bedrooms, twenty-seven (27) two bedrooms,
and seventeen (17) three-bedrooms. Six (6) of the fifty-six (56) units will be UFAS units.
The p
roposed community will have two community and amenity spaces, one on the ground floor and one on the
penthouse levels. The building will have over 1,100 square feet of progressive commercial space, which the
development team will have the United Planning Organization operate from to provide hands on resident services
throughout the life of the project. Residents will also have access to secured mail and package rooms as well as an
outdoor space to congregate and hold activities. Each floor will have a trash room, which leads to a main trash and
recycling compactor adjacent to the loading area. The loading area is being provided to assist residents with
scheduling move-ins/outs. The property will also have a full-time maintenance technician as well as site manager who
will be able to assist residents with any request throughout the day. The garage level will be able to hold twenty-eight
(28) parking spaces as well as a maintenance shop, utilities rooms and bicycle storage and repair space for its
residents. The building has been designed for compliance with Enterprise Green Communities Plus, will meet all
current code standards according to the District of Columbia Municipal Regulations (DCMR) and is being constructed
by-right within its MU-4 land use.
The p
roposed building will contain thirteen (13) Permanent Supportive Housing (PSH) residential units targeting
families. The following amenities will be provided on-site to meet the needs of both the PSH and non-PSH target
population:
1. First
floor United Planning Organization operational space to provide both in-person and hybrid
supportive services across numerous tenant demographics.
2. First floor mail and package room for protected resident mail access.
3. Garage level bike parking and repair for resident use.
4. Covered, podium parking for 28 vehicles under the residential structure.
5. Loading space and two-elevators for ease of resident move-in/out.
6. Trash rooms on-each floor leading to a main ground- level trash and re-cycling
compactor for ease of waste disposal.
7. First floor and penthouse community space for day- to-day resident use,
management and supportive service staff lead events.
8. Accessible entrances and throughways to ensure residents with physical and mental
deficits are given full mobility into and out of the building.
9. Transit Screen in main lobby to provide residents with local transit maps and
schedules.
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. Procu
rement Process
In Se
ptember 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.
After mee
ting 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.
3. Legal Review
Prior to March 24, 2026 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. Additionally, 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 Columbia funds,
the Contract must be submitted to the District of Columbia Council for review and approval in
accorda nce with D.C. Code Section 2-352.02.
APPROVED AS TO LEGAL SUFFICIENCY:
Andrea Po
well
Deputy General Counsel - Real Estate and Business

CERTIFICATIONS
PursuanttotheattachedMarch12,2026l'undingCertificationfromtheAgencyFiscalOfficerof
theDisttictofColumbiaHousingandCommunityDevelopment(“DHCD”)andtheMarch16,
2026LetterofCommitmentfromDHCD,DHCD hascommittedsufficientappropriatedfundsin
thefinancialplanfortheNistrictofColumbia(the“District”)tofund,amongothermatters,theLocalRentSupplementProgramsubsidypaymentsinrelationtotheprojectknownas950Fasten
Avenuelocatedat950EasterAvenue,NE.InrelianceupontheDHCD certificationandLetierofCommitment,[herebycertifythattheproposedAgreementtoEnterintoaLongTermSubsidy
Contract(“ALTSC")betweentheDistrictofColumbiaHousingAuthority(DCHA) and950EasternAveTM L.L.C.toprovideanannualsubsidyforthirteen(13)aflordablehousingunits,foratermofuptotwenty(20)years,isincompliancewiththeapplicableFederalandDistrictregulationsandDCHA’spoliciesandprocedures.
Fe aKeithPettigrew Date:March20,2026
FxecutiveDirector,DCHA
ThavereviewedthisproposedALTSCaction,andIhavedetermined,basedsolelyupontheattached
March12,2026FundingCertificationfromtheAgencyFiscalOfficerofDHCD andtheMarvh16,2026LetterofCommitmentfromDHCD,thatupontheDistrictofColumbia'sreleaseofLocalRentSupplementProgramfundsandthesatisfactionofallrequirementsoftheLongTermSubsidyContract,DCHA willmakeavailableaninitialannualsubsidyamountofuptoFourHundredThirty-SevenThousandTwoHundredandSixteenDollarsandZeroCents($437,216),BasedonthecertificationsandLetterofCommitmentfromDHCD,thisactionis withintheDistrict'sVinancialPlanandBudgetandsuchfundsareavailableforadministrationbyDCH tosupportthe
action

James Blanda Date:March 28,2026
ChiefFinancialOfficer,DCHA
tok=—
GOVERNMENT OF THE DISTRICTOF COLUMBIA
DEPARTMENTOFHOUSINGAND COMMUNITYDEVELOPMENT

OfficeoftheDirectar
Mareh16,2026
KeithPettigrew,ExecutiveDirector
DistrictofColumbiaHousingAuthority
3007 StreetSW
10"FloorWashington,DC 20024
RE:LocalRentSupplementProgram(LRSP)LetterofCommitmentfor950EastemAvenue
DearMr.Pettigrew:
AsrequiredbyD.C.OfficialCode§6-227(b-1\4)(A),thisfetterconfirmstheDistrict'sproject-basedvoucherassistancefundingaltocationtotheDistrictofColumbiaHousingAuthorityfortheProject'sinitial20-yeartermLong-TermSubsidyContractinaccordancewiththeproposedAgreementtoEnterintoaLong-TermSubsidyContractandthefundingcertificationrequiredbyD.C.OfficialCode§ 2352.02(6)(6).‘Thedetailsforthisfundingallocationare:
ProjectSponsor:CubedPartnersLLC
ProjectName:950BasternAvenue
ProjectAddress:950EasternAvenueNortheast,Washington,DistrictofColumbia20019
‘NumberofLRSPUnits:13
AnnualLRSPAmountRequested:$437,216
‘Theprocessfortransferoftheproject-basedvoucherassistanceallocatedfortheProjectshallbeinaccordancewiththetermsandconditionsoftheMemorandumofUnderstandingbetweentheDistrictofColumbiaHousingAuthorityandtheDepartmentofHousingandCommunityDeveloped,effectiveasofFebruary14,2024
‘TheProjectfundingcertificationvequiredbyD.C,OfficialCode§ 2-252.02(c)(6)isenclosed.
PleasecontactChri
information.

Arley(chris.carley@de.a0v)ifyouhavefurtherquestionsorrequireadditional

SeparmentofHowsandCommlyDevelopment|1909ar iterKingAvenSEWashingt,62602020242.7200|dato
tok==o
GOVERNMENT OF THE DISTRICT OF COLUMBIA
DEPARTMENTOFHOUSINGANDCOMMUNITYDEVELOPMENT
OkeYc
OfficeoftheDirector

TO: JamesBlandaChiefFinancialOfficerDistrictofColumbiaHousingAuthority
FROM: BethSpoonervq,RomaineGByarAgeneyFisealOfficerDepartmentofHousingandCommunityDevetopment
DATE: March12,2026
SUBJECT: CertificationofFundingAvailabilityforLocalReatSupplement—950Bastemn

‘ThismemorandumcertifiesthattheDepartmentofHousingandCommunityDevelopmenthas$212,241imthefinancialplanforfisca)year2028tofundproject-basedLocalRentSupplementProgramvouchers(inclusiveofadministrationfees)inrelationtothe950Easterndevelopmentproject.Thisamountreflectstheestimateofwhatisneededbasedontheprojectedlease-update.Thefullyearcostof$437,216isalsoavailableinthefinancialplanforfiscalyear2029.
‘Theavailabilityoffindsissubjecttofiscalyear2028appropriationsandiscontingentuponpassageoftheFY2028andFY2029budgets.
Pleasecontactmeaf202-442-7173ifyouhaveanyquestions.

Degenfora aeConrmutDevepmen|2800MornLetheKg, Avene,SE,eegi,O€2002202.982,7200|deka
RESOLUTION 25-36
TO AUTHORIZE THE SUBMISSION TO THE COUNCIL OF THE DISTRICT OF
COLUMBIA OF AGREEMENTS TO ENTER INTO LONG TERM SUBSIDY
CONTRACTS FOR PROJECTS AWARDED IN FY22 AND FY24 RFPS 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 administering the 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 ( FY 2022 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, on August 1 2023 , District of Columbia Department of Housing and
Community Dev elopment (DHCD) issued a Consolidated Request for Proposals for
Affordable Housing Projects ( FY 2024 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;
WHEREAS, DHCD issued notices to certain respondents to the FY 2022 and FY
2024 RFPs 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 LRSP projects for recommendations
under the FY 2022 and FY 2024 RFPs and based on its selection DHCD has provided
DCHA the LRSP projects set forth on Attachment 1 hereto and incorporated into this
Resolution; and
WHEREAS, all awards for LRSP projects are subject to final review by DCHA to
ensure the awards comply with DCHA’s Administrative Plan, the LRSP regulations and
the gov erning law for administering the LRSP program and satisfaction of the LRSP
program requirements by each respondent; and
RESOLUTION 25-36
TO AUTHORIZE THE SUBMISSION TO THE COUNCIL OF THE DISTRICT
OF COLUMBIA OF AGREEMENTS TO ENTER INTO LONG TERM SUBSIDY
CONTRACTS FOR PROJECTS AWARDED IN DHCD’S FY 22 AND
FY24 RFPS 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, DCHA seeks to authorize any required submissions to the Council of
the District of Columbia (DC Council) to obtain all required legislative approvals for the
LRSP projects; and
NOW, THEREFORE, BE IT RESOLVED, that the Board of Commissioners of
DCHA hereby authorizes th e submission to the DC Council of the Agreements to Enter
into Long -Term Subsidy Contracts (ALTSC) for the FY 2022 and the FY 2024 LRSP
projects awarded by DHCD as set forth 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.
ADOPTED, by the Board of Commissioners and signed in authentication of its
passage the 12th day of November 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 25-36
TO AUTHORIZE THE SUBMISSION TO THE COUNCIL OF THE DISTRICT
OF COLUMBIA OF AGREEMENTS TO ENTER INTO LONG TERM SUBSIDY
CONTRACTS FOR PROJECTS AWARDED IN DHCD’S FY 22 AND
FY24 RFPS IN SUPPORT OF THE CREATION OF AFFORDABLE
HOUSING IN THE DISTRICT OF COLUMBIA
Attachment 1
Project Fiscal
Year
Approved
Developer Address Ward Total
units
Units to Receive
LRSP
Operating
Subsidy
Estimated
Initial Year
LRSP
950 Eastern
Avenue NE
FY2022 Embolden
Real Estate,
LLC
950 Eastern
TM LLC
7 56 13 $295,875.00
2229 M
Street NE
FY2024 Outlier
Realty
Capital
2229 M
Street NE
5 92 24 $555,120.00
3218
Wisconsin
Avenue
FY2024 NRP
Holdings
LLC
3218
Wisconsin
Ave
Cooperative
Association,
Inc.
3 20 5 $108,212.00
DHCD RFP - Total 168 42 $959,207.00
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: 950 Eastern Ave TM L.L.C.
I .D. #: 2026-LRSP-02A
S
hould the D.C. Council have any questions regarding this loan/grant/lease, please contact:
Hammere Gebreyes 202-216-4460
Program Manager Telephone Number
TYPE OF DOCUMENT SUBMITTED
1. Loan/Grant/Lease Modification 4. Unwritten or Informal Contract
2. Exercis e 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
Grant/Loan/Lease No. : DCHA
Subsidy Amt. Required This FY: N/A
Caption: 950 Eastern Ave TM L.L.C.
Subsidy: $437,216.00 Amt.
Required Next FY: N/A
Term: 20 year term
Doe
s this Housing Subsidy Amount exceed $1 million: Yes No
If
yes, please attach a copy of the DC Council approval and provide the following information:
Date received:__________________ Date approved:
LEAS
E 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
If 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
(950 Eastern Avenue TM LLC) (950 Eastern Avenue)
AGREEMENT TO ENTER INTO District of Columbia Housing Authority (DCHA)
LONG TERM SUBSIDY Local Rent Supplement Program (LRSP)
CONTRACT PRO JECT-BASED ASSISTANCE
CONTRACT NO: 2026-LRSP-02A
Project Name:
950 Eastern Ave
950 Eastern Avenue NE, Washington, DC 20019
Di
strict 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 950 Eastern Ave TM
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.
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, 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. General Provisions.
1.1 A. Significant Dates: Contents of Agreement.
Ef
fective Date of Agreement: _______________ ____, 2026
{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
(950 Eastern Avenue TM LLC) (950 Eastern Avenue)
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.
[ ] 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
(950 Eastern Avenue TM LLC) (950 Eastern Avenue)
[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.
{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
(950 Eastern Avenue TM LLC) (950 Eastern Avenue)
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
c
ompletion 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
L
TSC 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
a
mounts 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
co
mpletion 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
{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
(950 Eastern Avenue TM LLC) (950 Eastern Avenue)
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
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
acco
rdance 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. T
he Owner has given the tenants thirty (30) days advance written notice and
a
ppropriate advisory services;
2. D
ecent, safe, and sanitary temporary housing is available;
3. T
he temporary relocation period will not exceed 12 months; and
4. T
he Owner reimburses tenants for reasonable out-of-pocket expenses incurred in
c
onnection with the temporary relocation, including moving costs to and from
temporary housing and increases in monthly housing costs.
T
hese 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
obl
igation to perform inspections of the rehabilitation or construction of the units. Upon
r
eceipt of the items which satisfy the requirements of this Agreement, including the items
i
n 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. T he Owner is solely responsible for completion of the work.
{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
(950 Eastern Avenue TM LLC) (950 Eastern Avenue)
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.
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 ha s
c
omplied with the requirements of Sections 2.10 of this Agreement.
D. Review and Inspection.
1. A
fter 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,
S
ection 2.10.
2. A
t DCHA’s option, a DCHA representative may inspect the unit(s) to be assisted
t
o 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
e
ntering into a LTSC, DCHA will conduct an inspection of the units to determine
whether the units comply with Housing Quality Standards.
{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
(950 Eastern Avenue TM LLC) (950 Eastern Avenue)
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
b
e accepted.
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.
{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
(950 Eastern Avenue TM LLC) (950 Eastern Avenue)
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.
1.8. Cooperation in Equal Opportunity Compliance and Other Reviews; Nondiscrimination.
A. T
he 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. T
he 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,
na
tional origin, sex, age, marital status, personal appearance, sexual orientation, gender
identity or expression, familial status, family responsibilities, matriculation, political
a
ffiliation, genetic information, disability, source of income, and place of residence or
business.
D. S
uch action shall include, but not be limited to, the following: employment, upgrading,
de
motion, or transfer; recruitment or recruitment advertising, layoff or termination; rates
of pay or other forms of compensation; and selection for training, including
apprenticeship.
E. T
he Owner agrees to post in conspicuous places, available to employees and applicants
fo
r 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
o
r expression, familial status, family responsibilities, matriculation, political affiliation,
g
enetic information, disability, source of income, and place of residence or business.
F. T
he 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.
{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
(950 Eastern Avenue TM LLC) (950 Eastern Avenue)
1. DCHA has not assumed and does not assume any responsibility or liability to the
O
wner 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
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,
s
ubcontractor or supplier.
2. T
he 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
f
rom 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,
w
ith 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,
s
ubcontractor 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
s
uppliers, 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
G
overnment 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
{0035002 -}
Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 10 of 38
(950 Eastern Avenue TM LLC) (950 Eastern Avenue)
year thereafter, in this Agreement or the LTSC or in any proceeds or benefits arising from
the Agreement or LTSC.
B. Disclosure. The Owner warrants that the Owner has disclosed to DCHA:
1. T
he identity of the Owner, developer, builder, architect, management agent (and
ot
her participants) and the names of officers and principal members,
s
hareholders, 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 pos
sible 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.
N
o 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. T
he Owner agrees that the Owner has not made and will not make any transfer in any
f
orm, 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 s
tock 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
t
he interest of a managing member of a limited liability company is subject to the
pr
ovisions of this Section 1.12.
W
here the Owner requests the consent of DCHA for a transfer in any form, including any
s
ale or assignment, of this Agreement or the LTSC or the property, DCHA will review
t
he 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
p
aragraph A of this section if DCHA deems the transferee acceptable and the transferee
ag
rees 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
accep
tance 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. I
f 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
s
hall contain no terms or requirements inconsistent with the Agreement or LTSC. Any
{0035002 -}
Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 11 of 38
(950 Eastern Avenue TM LLC) (950 Eastern Avenue)
pledge of the Agreement or LTSC must be limited to the amounts payable under the
LTSC in accordance with the terms of the LTSC.
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 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
m
ember 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
necessary, 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.
{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
(950 Eastern Avenue TM LLC) (950 Eastern Avenue)
C. District of Columbia Municipal Regulations – Title 4: Human Rights and Relations;
Chapter 11: Equal Employment Opportunity Requirements in Contracts.
D. D
istrict 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.
A. 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.
{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
(950 Eastern Avenue TM LLC) (950 Eastern Avenue)
B. The Parties acknowledge and agree that nothing contained in this ALTSC creates
a financial obligation in anticipation of an appropriation and all provisions of this
ALTSC, or any subsequent agreement entered into by the Parties pursuant to this
ALTSC are, and shall remain, subject to the (i) the Federal Anti-Deficiency Act,
31 U.S.C § 1341, 1342, 1349, 1351; (ii) the District of Columbia Anti-Deficiency
Act, D.C. Official Code §§ 47-355.01- 355.08; (iii) D.C. Code § 47-105; and (iv)
D.C. Official Code§ 1- 204.46, as the foregoing statutes may be amended from
time to time, regardless o f whether a particular obligation has been expressly so
conditioned.
N
othing contained in this ALTSC shall be construed to obligated DCHA to any
expenditure or obligation of funds in excess , or in advance , of the lawful
availability of duly authorized and appropriated funds in accordance with the
Federal or District of Columbia Anti-Deficiency Acts.
1.17. Notices.
A
ny 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:
Emmanuel Egoegonwa
950 Eastern Ave TM LLC
3321 Georgia Avenue NW #43075
Washington DC 20010
With a copy to:
A
ttn:
If to DCHA:
D
istrict of Columbia Housing Authority
300 7th Street, SW, Tenth Floor
Washington, DC 20024
Attn: Sr. Vice President, Housing Choice Voucher Program (HCVP)
{0035002 -}
Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 14 of 38
(950 Eastern Avenue TM LLC) (950 Eastern Avenue)
With a copy to:
District of Columbia Housing Authority
Office of the General Counsel
300 7th Street, SW, Tenth Floor
Washington, DC 20024
1.18. LRSP Requirements.
T
he 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.
T
his Agreement or the LTSC can be terminated upon at least thirty (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.
T
his 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.
T
his 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
(950 Eastern Avenue TM LLC) (950 Eastern Avenue)
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:
950 E
astern Ave TM L.L.C.
a District of Columbia limited liability company
B
y: 950 Eastern Ave TM MM L.L.C.,
a District of Columbia limited liability company
its managing member
B
y: 950 Eastern Ave Cubed Shift JV LLC
a Delaware limited liability company
its Administrative member
B
y: ______________________
Name: Emmanuel Egoegonwa
Title: Manager
Date: ______________________
DI
STRICT OF COLUMBIA HOUSING AUTHORITY
B
y: _______________________________
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
(950 Eastern Avenue TM LLC) (950 Eastern Avenue)
AGREEMENT TO ENTER INTO District of Columbia Housing Authority
LONG TERM SUBSIDY Local Rent Supplement Program
CONTRACT
CONTRACT NO: 2026-LRSP-02A
Pro
ject Name:
950 Eastern Ave
950 Eastern Avenue NE, Washington, DC 20019
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
p
rogram 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
of 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.
{0035002 -}
Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 17 of 38
(950 Eastern Avenue TM LLC) (950 Eastern Avenue)
B. The 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,
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
{0035002 -}
Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 18 of 38
(950 Eastern Avenue TM LLC) (950 Eastern Avenue)
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
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
clauses 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:
{0035002 -}
Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 19 of 38
(950 Eastern Avenue TM LLC) (950 Eastern Avenue)
(1) The contractor 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, family responsibilities,
ma
triculation, 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
t
heir 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 place d 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 opportunity
clauses, 4 DCMR §§ 1103.2-1103.10, so that these provisions shall be binding
upon each subcontractor or vendor.
{0035002 -}
Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 20 of 38
(950 Eastern Avenue TM LLC) (950 Eastern Avenue)
In 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,
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
w
ork.
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
c
ompliance.
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
{0035002 -}
Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 21 of 38
(950 Eastern Avenue TM LLC) (950 Eastern Avenue)
actions; 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
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
i
s 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
t
ake such action as HUD may direct as a means of enforcing such provisions.
2.4. HUD-FEDERAL LABOR STANDARDS PROVISIONS.
T
he 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) A ll laborers and mechanics employed or working upon the site of the work (o r
unde
r the United States Housing Act of 1937 or under the Housing Act of 1949
i
n 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
ap
art hereof regardless of any contractual relationship which may be alleged to
e
xist between the contractor and such laborers and mechanics. Contributions
made or costs reasonably anticipated for bona fide fringe benefits under Section
{0035002 -}
Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 22 of 38
(950 Eastern Avenue TM LLC) (950 Eastern Avenue)
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
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
{0035002 -}

Agreement to Enter Into Long Term Subsidy Contract (ALTSC)
District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
Page 23 of 38
(950 Eastern Avenue TM LLC) (950 Eastern Avenue)
disapprove every additional classification action within 30 days of receipt
and so advise HUD or the appropriate District agency will notify HUD or
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
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Local Rent Supplement Program (LRSP)
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(950 Eastern Avenue TM LLC) (950 Eastern Avenue)
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
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
w
eekly 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
an
ticipated 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
p
rograms 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.
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(950 Eastern Avenue TM LLC) (950 Eastern Avenue)
Optional Form WH-347 is available for this purpose and may be purchased
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
pa
ys 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 informati on
r
equired to be maintained under 29 CFR 5.5(a)(3)(i), and that such
i
nformation is correct and complete;
(
2) That each laborer or mechanic (including each helper, apprentice,
a
nd 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
pe
rmissible 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
cl
assification 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
au
thorized representatives of DCHA, or its designee, and shall permit such
r
epresentatives 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,
s
ponsor, 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
a
vailable 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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(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
a
ctually 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
rates (expressed in percentages of the journeyman’s hourly rate) specified in the
contractor’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
cl
assification, 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
t
han 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
e
mployed 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
t
rainees 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
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District of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
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(950 Eastern Avenue TM LLC) (950 Eastern Avenue)
benefits in accordance with the provisions of the trainee program. If the trainee
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
j
ourneymen under this part shall be in conformity with the equal employment
opportunity requirements of Executive Order 11246, as amended and 29 CFR,
P
art 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
s
ubcontractor 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
ar
e 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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(950 Eastern Avenue TM LLC) (950 Eastern Avenue)

(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
HUD 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
Code, 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
Administration 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 Act. 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
shall 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
subcontractor 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
individual 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
calendar 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
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of the Department of Labor withhold or cause to be withheld, from any monies payable
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
c
ontractor 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.
T
he 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. T
he Owner shall evidence the completion of the unit(s) by furnishing DCHA in addition
t
o 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. T
he 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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Local Rent Supplement Program (LRSP)
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(950 Eastern Avenue TM LLC) (950 Eastern Avenue)
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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(950 Eastern Avenue TM LLC) (950 Eastern Avenue)
E XHIBIT A
OWNER’S APPLICATION
ON FILE WITH DCHA
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(950 Eastern Avenue TM LLC) (950 Eastern Avenue)
EXHIBIT B
DESCRIPTION OF WORK
1
PROJECT NARRATIVE
Project Name: 950 Eastern Ave NE
Address: 950 Eastern Avenue NE, Washington, DC 20019
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 development team is proposing to build and operate a 56-unit project located at 950 Eastern
Avenue NE, Washington DC, 20019. The Property is located in the far northeast section of Ward 7,
and the proposed development will bring a needed, affordable multi-family building with a
substantial support service platform into the market. The robust resident service platform will create
a strong foundation for the Permanent Supportive Housing (PSH) tenants as well as the rest of the
tenants at our below 50% AMI and the surrounding community as a whole.
Th
is Project originated towards the end of the 4th quarter of 2021. The development team saw a
substantial opportunity to re-develop an abandoned and blighted convenience store and transform
the parcel into a four story over podium residential complex that is able to support the lowest
income households for years to come. TM Associates Development Inc, as lead developer, saw an
opportunity to partner with Kadida Development Group LLC and the United Planning Organization
(UPO) to create a lasting development that will evolve with the Deanwood and far northeast sub-
market for years to come.
The United Planning Organization intends to utilize the amenity space at the proposed 950 Eastern
Avenue NE site to offer place-based supportive services and community development services to
residents at the Property. One-site services will be operated under UPO’s Community Impact

2
Division and will be housed by the Property’s Progressive Community Space. All residents, both
PSH and non-PSH alike will have access to a variety of services included:
• U
PO training, education, housing, and other supportive services
• Community meetings
• Community needs assessment focus groups
• C
ommunity Organizing
• L
eadership/advocacy skills development through UPO’s Community Leadership Academy
• Community-inspired social events meant to encourage community building
• UP
O-offered, periodic, trainings, workshops, and seminars
• UPO-offered services for those who meet income qualifications either on-site or though
r
emote/hybrid means
• Food security and other supports (e.g., groceries, PPEs, Turkey give-a-ways, books, laptops,
etc.)
U
PO, in partnership with TM Associates Development, Inc., TM Associates Management Inc., and
the Kadida Development Group intend to communicate effectively with the Ward 7C ANC
throughout the lifecycle of the project. The development team fully intends to serve the low-income
population, but also looks to provide a new construction, green affordable development that will
maintain its affordable covenant for years to come.
The financing structure of the project through the construction and permanent phases is a
combination of a Bank construction loan, 4% Bond Financing, Federal and DC Local Low-Income
Housing Tax Credits, DHCD Housing Production Trust Funds and Deferred Developer Fee. The
development team is also seeking operating subsidy through Local Rent Subsidy Vouchers for the
13 site-based Permanent Supportive Housing (PSH) units within the development.
Discuss the importance of the transaction to residents of the District of Columbia, the neighborhood,
and the applicant.

The proposed 950 Eastern Avenue NE development will provide substantial support to the
surrounding neighborhood and the community of residents in which it serves. Outside robust case
management services for the PSH tenants, UPO intends to create a long-term supportive service
programming through the utilization of Community Services Block Grants (CSBG), which will
enable these programs to last for 15 years and beyond. Each resident will receive the benefit of the
following programs:
• Vocational Training: Residents will be in proximity to UPO’s Building Careers Academy
(BCA) located at 915 Girard Street NE, which is a 16-minute ride from the proposed
d
evelopment and can be easily accessed from the Rhode Island Avenue Metro station.
BCA is operated under UPO’s Workforce Institute which offers 10, credentialing
voc
ational training courses in high-demand job sectors for the region. Residents meeting
C
SBG income requirements can earn a credential in culinary arts, hospitality,
transportation, early education associate, construction trades, and IT, among others.
• Early Education Services: Residents with young children, ages 0-3, needing early
learning (day care) services will be in close proximity to two, nearby UPO-operated early
l
earning centers: Paradise Early Learning Center (located within 1.7 miles of the proposed
de
velopment) and the CW Harris Elementary School center (located within 1.5 miles of the
proposed development).
• Employment Services: R esidents at 950 Eastern Avenue NE also have access to UPO’s
Employment Support services offered at UPO’s Petey Greene Center located at 2907
3
Martin Luther King, Jr. Ave SE, a 13-minute ride from the site. Residents meeting CSBG
income requirements can receive employment support including job search, interview
preparation, resume building, job placement services, and case management services to
help them to secure other supports needed to become self-sufficient.
• Housing Services: Housing services are also offered at the Petey Greene Center. Residents
at the Property who fall behind in their rents will have direct access to UPO’s Emergency
Rental Assistance Program (ERAP). ERAP services will be available to most of the
r
esidents who reside on-site. ERAP is funded by DHCD and is offered to residents who are
at least 30-days behind in their rent, and they can be funded up to five times their monthly
rent. The income threshold for this service is 40% AMI. This service is also offered on a
hybr
id basis.
• Financial Empowerment Services: A ll residents at the proposed development will have
access to UPO’s Financial Empowerment Center (FEC) services offered at the Petey
Greene Center. The FEC offers professional, financial counseling to enable residents to
a
ddress their financial challenges, needs, and plans for their futures. Residents will receive
free, one-on-one professional counseling assistance with money management, budgeting,
r
educing debt, establishing and improving credit, connecting to safe and affordable
banking services, building savings, and referrals to other services and organizations. This
program can be offered on-site on a limited basis, annually. Additionally, this service can
be
offered through a combination of remote/hybrid means.
• Free Tax Prep Services: A s part of UPO’s offering of wealth-building support services,
UPO will offer residents free tax preparation services through its VITA (Volunteer Income
Tax Assistance) program. This service is also offered at UPO’s Petey Green Center and
offered through remote/hybrid access points.
Thirteen (13) of the proposed units will be allocated to permanent supportive housing. The
development team seeks to invest and provide services to this tenant population to assist in building
independent living and tenancy skills as well as connect these residents with community-based
treatment, employment services and healthcare as noted above. The proposed 950 Eastern Avenue
NE development will also benefit the surrounding neighborhood as well as the District as a whole.
The development team’s mission of this project is to increase visibility and mobility for numerous
individuals, families, and demographics across extremely low incomes. The development team
believes its strong supportive service footprint will provide its residents access to numerous
amenities as well as provide lasting affordable housing that will positively impact generations to
come.
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 project site has a land area of approximately 20,012 square feet, which contains an abandoned
convenience store constructed in the 1980’s. The convenience store will be demolished in order to
construct a multi-family building consisting of 13 permanent support housing units and 43 units
supporting residents at or below the 50% area median income level. The proposed building will be
approximately 85,835 and will support a four-story wood frame build over a concrete podium with a
penthouse. The project will house 56-units, 12 of which will be one-bedrooms, 27 will be two-
bedrooms and 17 will be three-bedrooms. 9 out of the 56 units will be allocated as Type A and will
meet wheelchair accessibility standards with maneuvering clearances, controls with reach ranges,
accessible sinks and spaces withing the kitchen and bathrooms, as well as a variety of other features.
4
The proposed community will have two community and amenity spaces, one on the ground floor
and one on the penthouse levels. The building will have over 1,100 square feet of progressive
commercial space, which the development team will have the United Planning Organization operate
from to provide hands on resident services throughout the life of the project. Residents will also
have access to secured mail and package rooms as well as an outdoor space to congregate and hold
activities. Each floor will have a trash room, which leads to a main trash and recycling compactor
adjacent to the loading area. The loading area is being provided to assist residents with scheduling
move-ins/outs. The property will also have a full-time maintenance technician as well as site
manager who will be able to assist residents with any request throughout the day. The garage level
will be able to hold 28 parking spaces as well as a maintenance shop, utilities rooms and bicycle
storage and repair space for its residents. The building has been designed for compliance with
Enterprise Green Communities Plus, will meet all current code standards according to the District of
Columbia Municipal Regulations (DCMR) and is being constructed by-right within its MU-4 land
use.
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 proposed building will contain 13 Permanent Supportive Housing Residential units targeting
families. Outside of the substantial supportive services notes in the Resident Services Plan, the
following amenities will be provided on-site to meet the needs of both the PSH and non-PSH target
population:
• First floor United Planning Organization operational space to provide both in-person and
hybr
id supportive services across numerous tenant demographics.
• F
irst floor mail and package room for protected resident mail access.
• Garage level bike parking and repair for resident use.
• Covered, podium parking for 28 vehicles under the residential structure.
• Loading space and two-elevators for ease of resident move-in/out.
• Trash rooms on-each floor leading to a main ground-level trash and re-cycling compactor
for ease of waste disposal.
• First floor and penthouse community space for day-to-day resident use, management and
supportive service staff lead events.
• Accessible entrances and throughways to ensure residents with physical and mental deficits
are given full mobility into and out of the building.
• Transit Screen in main lobby to provide residents with local transit maps and schedules.
Yes No
Has Site Control been established? ☒ ☐
How will you demonstrate site control?
☐ Deed ☐ Lease
☒ Purchase Contract ☐ Lease Option
☐ Purchase Option
☐ Other - Describe:
Click to type
What is the square footage of the project’s land area? 20,012 SF
What is the gross square footage of the proposed project? 84,997 SF
Yes No
☒ ☐
5
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, the encumbrance does not impair the ability to provide clear
title. The encumbrance on the parcel is listed via a Special Warranty
Deed. The Special Warranty Deed on the parcel specifies that the
following uses are prohibited for the future uses of the site:
1. C
onvenience store selling at retail any food or food products,
da
iry products, beer, or wine or other alcoholic beverages for
consumption off the premises;
2. The retail sale of any food or food products, beer, wine or
other alcoholic beverages for consumption on or off the
premises;
3. An auto parts or auto supply store or for the retail sale of auto
parts, supplies, accessories or other automotive-related
products;
4. The sale of motor fuels and petroleum products; or
5. Sale of cigarettes and other tobacco products, devices which
s
imulate tobacco or other smoking, including, but not limited
to, electronic cigarettes and vaporizers.
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.
N/A
What is the current zoning of the project site(s)? MU-4
Yes No
Is the proposed project by right under the zoning of the site(s)? ☒ ☐
If the project is not by right, explain:
N/A
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? There is one existing, abandoned convenience
store on the parcel.
b. What will be done with the existing structures?
☐ Nothing (does not apply/not part of this project)
6
☒ 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
Building to be demolished
Yes No
c. Does the site have any existing residential or commercial tenants? ☐ ☒
If yes, describe the existing tenants:
The existing convenience store on site has been abandoned since 2019.
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):
N/A
e. Does the project have an existing subsidy contract? (HAP, Section 8, etc.) ☐ ☒
If Yes, describe the contract and whether it will be extended:
N/A
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:
N/A
Phase I Environmental Conditions
Phase I completed on mm/dd/yyyy: 12/30/2021
Provide the page number from the Phase 1 that confirms the presence or absence of the following:
Present Absent Page Number
Asbestos ☐ ☒ #33
Lead-based paint ☐ ☒ #33
Mold ☐ ☒ #33
Yes No
Did the Phase I recommend a Phase II be completed? ☐ ☒
If yes, explain the issues that triggered this requirement.
Not recommended in the Phase I.
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:
The Phase I assessment revealed no evidence of recognized environmental conditions in
connection with the property. The development team will conduct a deeper asbestos and lead
inspection ahead of demolition due to the age of the existing construction. All proper precautions
will be taken to ensure that any and all potentially hazardous material is disposed of and removed
from the site in a compliant manner.
Green Building
Indicate the green building standard you will be pursuing:

☐ Enterprise Green Communities Click to type
7
☒ Enterprise Green Communities + Enterprise Green Communities +; Criterion
5.10 Resilient Energy Systems: Critical Load
☐ 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.

950 Eastern Avenue NE is a proposed, new construction multifamily development that will
consist of 56 units of affordable housing. Great strides were made to incorporate green
development goals, which the development team anticipates will serve the community and the
District for well over 15 years and beyond. The project will benefit from the green materials
utilized in constructing the project as well as be solar ready. The development team has engaged
Save Solar to perform an analysis of the site to potentially implement solar onto the project at a
later date.
T
he Green Communities Plus Criteria was used to guide the development team in choosing the
best product to serve our future residents as well. Residents will have access to energy star rated
appliances and fixtures as well as accessibility, vision and hearing-impaired systems that will be
integrated throughout the project and specific units. While the green programming will benefit the
project through more efficient operating costs, thoughts of the future tenants were at the forefront
of the project design to bring lasting, improved living conditions. In particular, improved energy
efficiency, durability and water performance were considered in order to maximize occupant
comfort and affordability.
The design team has contracted a green consultant, Pando Alliance, to assist in progress tracking
and goal setting throughout the design, construction and stabilization phases of the project. All
energy thresholds will be met during these phases to ensure compliance with the District and
DOEE and to meet the Zero Energy Ready Homes certification. Upon stabilization, United
Planning Organization (the Resident Service Provider) as well as TM Associates Management,
Inc. (the Management Agent), will conduct an orientation meeting for residents during which they
will receive a Resident Manual, information about maintaining good indoor air quality, as well as
specific instructions for the operation of thermostats and exhaust fans. All community and
supportive service spaces will be constructed to include a safe, energy efficient and healthy
environment for all residents of the community.
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 proposed development is located at 950 Eastern Avenue NE in the far northeast quadrant of
the District. The neighborhood surrounding 950 Eastern Avenue NE consists of uses including
multifamily residential uses as well as rowhouses in average to good condition, commercial uses
concentrated along Eastern Avenue NE, Division Avenue NE, and Sheriff Road NE, along with
institutional uses including schools, recreational centers, and houses of worship. The Property has
been designated a WalkScore of 61 out of 100 and is located adjacent to a Washington
Metropolitan Transit Authority (WMATA) Metrobus Stop and within a short distance of the
8
WMATA Deanwood Metro Station. The following housing stock surrounds the proposed
development from the North, East, South and West:
North: Land uses to the north of the Subject consist of 11Hundred Apartments, an under
construction LIHTC development, single-family homes in average to good condition and houses
of worship. According to Neighborhood Development Corporation, the developer of 11Hundred
Apartments, the property is anticipated to open in mid-2022 and upon completion it will offer 63
multifamily units, including 32 one-bedroom units and 31 three-bedroom units, 13 of which will
operate as permanent supportive housing. The development will also include 3,500 square feet of
ground floor retail uses. Upon completion, we believe that 11Hundred Apartments will further
enhance the Subject’s immediate neighborhood.
East: Land uses east of the Subject site consist of single-family homes in average to good
condition, a playground, commercial uses, and a house of worship.
South: Land uses to the south of the Subject site consist of rowhouses in average to good
condition, small unnamed multifamily properties in average condition, and houses of worship.
West: Land uses west of the Subject site consist of rowhouses in average to good condition.
Further to the west of the Subject are several schools, including Housing Elementary School, Ron
Brown High School and Roper Junior High School, in addition to the Deanwood Recreation
Center, which is also home to the Deanwood Neighborhood Library.
T
he following table outlines the 950 Eastern Avenue NE development’s vicinity to local
amenities:
The proposed development is situated 0.6 miles from the WMATA Deanwood Metro Station,
which will provide future residents with access to the orange and red lines of the Metro system. In
addition to accessibility to the Metro rail, 950 Eastern Avenue NE is located in close vicinity to
nearby bus stops served by various Metrobus lines. This includes the Division Avenue and Eastern
Avenue bus stop, which lies adjacent to the Property and will be able to transport future residents
directly to the Deanwood Metro Station. While fares for these modes of transportation can vary
based off distance traveled, the development team believes the proposed development will provide

9
the future tenant an ease of access to the City given its location in the far northeast corridor of the
District.
T
he primary market area of the proposed development is situated within the far northeast and
southeast quadrant. Over 62.1% of the household incomes for renters within this sub-market are at
our below $39,999 per year, which represents that 950 Eastern Avenue NE will be constructed to
support some of the lowest income cohorts. Additionally, over 50.4% of the sub-market is rent
overburdened and paying over 35% of household income towards rents. Coupled with rapid
growth in households with the region, makes the new construction of affordable units imperative
to counter rising demand and limited, quality supply.
4
3% of the local employment of the far northeast and southeast region of the District is comprised
of the public administration, healthcare and social assistance, and professional, scientific, and
technical services industries. Additional employment by industry of the proposed development’s
region are outlined in the table below:
T
he development team is seeking to bring a new construction, all affordable, green development
into the community that is built to last. The proposed development will serve individuals and
families across its one-, two- and three-bedroom unit types. The Median Income of the primary
market area is $43,645 compared to the median income of the surround MSA of $106,279. The
development team is proud to bring a product to market that will truly serve rent-overburdened
households as the market continues to face inflationary pressure due to rising population growth
and finite supply.
Development Team
Developer/Sponsor (Managing Entity): TM Associates Development, Inc.

10

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.

TM Associates Development, Inc.

TM Associates, Inc. was formed in 1978 and is the parent company of TM Associates
Development, Inc which was formed in 1998 with a primary focus in apartment and land
development, particularly low-income housing projects. Robert B. Margolis serves as President.

Robert B. Margolis is the owner, President of TM Associates, In c. the parent company of TM
Associates Development, Inc. As well as CEO and majority shareholder of TM Associates
Management, Inc, the property management firm.

Under the parent company, TM Associates Development, Inc. and TM Associates Management,
Inc have over 400 employees.

TM Associates was formed in 1978 for the purpose to own, manage and develop multifamily
affordable housing. TM’s corporate office is located in Rockville, Maryland and staffs over 400
people, including District residents. To date, TM Associates, Inc., TM Associates Management,
Inc. and TM Associates Development, Inc. manages, owns and has developed over 240 properties
(roughly 12,000 units; valued at over $750,000,000) across the Mid-Atlantic, most with LIHTC
financing. TM Associates is the largest LIHTC developer in Virginia and the 2 nd largest
owner/manager of affordable housing in Maryland and West Virginia.

TM Associates has been the recipient of many awards over its 40 -year history. Most recent
acknowledgments include:

1. 2012 Spectrum: Management Company of the Year.
2. AHF 2014: 39th largest Owner of Affordable Housing
3. AHF 2013: 20th largest Developer of Affordable Housing
4. CARH 2014: 7th largest Manager, 25th largest Owner of Affordable Rural Housing.
5. NAHMA 2015: 40th largest manager of Affordable Housing
6. 2015 Largest affordable housing provider of the USDA Food and Nutrition
Service’s Summer Food Service Program

Robert B. Margolis: CEO of TM Associates, Inc and TM Associates Development, Inc (the
developing entity for this project). Robert has over 30 years of experience in Real Estate
Development and has successfully completed over 100 affordable housing projects to date
leveraging Federal and State financing. He is also an entrepreneur and has successfully formed a
real estate Development and Management company which has over 400 employees.

Adam J. Stockmaster: President of TM Associates Development , Inc. Adam has been at TM
Associates for years and been actively involved in Real Estate Development from that time. Adam
has successfully created his own development firm, AS Squared Development, LLC in which he
has successfully completed over 15 affordable housing developments, just within the past 7 years.

Ari D. Severe: Executive Vice President of Operations Officer of TM Associates Development,
Inc. Ari has been with TM Associates for 23 years. Ari has a dual degree in Accounting and
Finance and is also a member of his own development firm, AS Squared Development, LLC in
11
which they have successfully completed over 15 affordable housing developments, just within the
past 7 years.
N
eil Mutreja: Senior Vice President – Neil has been with TM Associates for 18 years and has
acted as a development officer for the firm overlooking the construction process, Investor closings,
and financial closings with various Federal and State agencies as well as various financial
institutions.
Audited financials for TM Associates Development, Inc. have been provided with this
application. TM Associates Development, Inc. has a strong balance sheet and track record of
affordable multifamily properties. Robert Margolis, CEO and his collection of assets (including
TM Associates Development, Inc.) is the guarantor for the project. His CPA- prepared financial
statements and tax returns have been provided with the application. As indicated by the
Applicant’s audited financial statements, TM Associates Development, Inc. has a strong financial
position.
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.

Name Title
(e.g., Executive Director, Project Manager.)
Years of Affordable
Housing Development
Experience
Adam J. Stockmaster President 25
Ari D. Severe Executive Vice President 23
Robert B. Margolis CEO 36
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 43
b. Number of Projects 100+
c. Number of Units Placed In Service 10,000+
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
12
1. Ashburn Chase
Apartments 11/23/2020 Y Y Project completed on time and
under budget
2. Birchwood II 03/31/2019 Y Y
Completed under budget by
10% by minimal use of
contingency and ability to
attract additional soft funding
sources
3. Birchwood I 12/31/2018 Y Y
Completed under budget by
10% by minimal use of
contingency and ability to
attract additional soft funding
sources

Provide a brief explanation for any project not completed on time or on budget.

Over its 40 years of development history TM has experienced delays in projects due to weather,
contractor fault, COVID-19 and unforeseen market changes. However, the firm has never had an
incomplete project, had a guarantee called, or defaulted on a loan. TM is tremendously proud of
our track record completing developments on-time and on-budget over 40 years across nine states
and the District.
Yes No
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.
MDL Flats (76-units in Ward 6) DHCD closed on a $13.9M HPTF
loan over June 2019.
2.
MDXL Flats (101-units in Ward 6) DHCD closed on a $13M HPTF
loan over September 2021.
3.
Tivoli Gardens (49-units in Ward 5) DHCD closed on a $2.5M HPTF
acquisition loan in December 2017.
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.

N/A
When was the sponsor organization last audited? (mm/dd/yyyy) 12/31/2020
Yes No
In the sponsor’s last audit, were there any findings? ☐ ☒
a. If yes, describe the nature of the findings:
N/A
b. Have these findings been resolved? ☐ ☐
If not, what is your plan for resolution?
N/A
13
Co-D eveloper/Sponsor: Kadida Development Group LLC
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): Click to type
Describe the relationship between the ownership entity, sponsor, and co-sponsor for the project.

The 950 Eastern Avenue NE proposed development represents the first transaction between the
United Planning Organization, TM Associates Development, Inc. and Kadida Development Group
LLC team. United Planning Organization and TM Associates Development, Inc. are excited to
begin this partnership as Kadida Development Group (KDG) brings a unique set of expertise to
the development process.
The Kadida Developmen t Group will support the team as a co -developer with over 12 years of
experience in collaborating on large-scale urban redevelopment projects with significant affordable
and market rate housing, retail and ancillary use. Each team member stands out for its innovation,
sophisticated technical expertise, creative financing and problem solving and commitment to high
quality, cost-effective urban and rural development and has worked extensively in the Washington
D.C. region. The partnership of the multiple firm s provides the District with a quality, new
construction, all affordable asset, which will enhance the far northeast submarket in the present and
day and the future.
T
he Kadida Development Group prides itself on being a vertically integrated organization that
plans and executes on the full life cycle of each of our projects. KDG holds long-standing
partnerships with multiple organizations, which will benefit the development team throughout the
design and construction management phases of the project, ensuring its delivery on budget and on
schedule. The development and construction expertise of the Kadida Development Group will
serve as an integral part of the design process starting at the concept stage of the project. Ongoing
feedback to ensure design decisions are aligned with project vision, budget and schedule will
mitigate potential change orders, and errors and omissions that can arise during the normal
lifecycle of a project throughout its construction phase.
KDG’s core values tie in strongly with both the United Planning Organization and TM Associates
Development. Creating trust by acting with the highest ethical standards, nurturing lasting ties
with investors, tenants, communities, and team members, and working to deliver developments
that contribute to and enhance the specific neighborhood in which they are built give the
development team a competitive advantage on the 950 Eastern Avenue NE development.
14
Project Owner/B orrowing Entity: United Planning Organization (UPO)
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
b. If to be formed, estimated formation date (mm/dd/yyyy): Click to type
Describe the relationship between the ownership entity and the sponsor for the project.

UPO is the 51% owner and managing member, they and TM Associates Development, Inc. have
worked on numerous developments over the past decade.
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: ZDS Inc.
Describe the architect’s experience in affordable housing, the District of Columbia, and with projects of
similar type, scale and complexity.

ZDS Inc. is a multi-disciplinary design firm that provides architectural and interior design services
to the affordable housing, market-rate multifamily, hospitality, commercial and higher education
sections. Founded in 2019, the ZDS Washington D.C. office is led by Managing Director Robert
McClennan. Mr. McClennan has extensive experience within the affordable multi-family housing
space within the District and also the larger DMV region. His expertise, in conjunction with the
ZDS Inc. team, provide a competitive advantage to the development team throughout the lifecycle
15
of the development and entitlement processes. Prior projects that have been worked on by Mr.
McClennan include:
Jac
kson Crossing
AHC Inc.
120 East Reed Street, Alexandria VA
78 One-, two- and three-bedroom units serving families earning 60% AMI
Successful Development Special Use Permit (DSUP) to achieve additional height and density.
9% Low Income Housing Tax Credits
Work completed while working for Bonstra|Haresign Architects
T
he Cadence
Wesley Housing
4333 Arlington Boulevard, Arlington, VA 22203
97 One-, two- and three-bedroom units serving families earning from 50% - 80% AMI
Successful Arlington County 4.1 site plan approval to achieve additional density
Work completed while working for Bonstra|Haresign Architects
On
e Hawaii Avenue
Wesley Housing
1 Hawaii Avenue NE Washington DC
70 One-, two- and three-bedroom units serving families earning from 50% - 70% AMI
Successful PUD site plan approval to achieve additional density
4% Low Income Housing Tax Credits
Work completed while working for Bonstra|Haresign Architects
Provide a list of similar projects that the architect has designed:

Project Name Location Number of Units
M Street 1218-1224 M Street NW, Washington, DC
20005
49
Parcel 6 125 Wickenden Street, Providence, RI 02903 62
1290W 1290 Westminster, Providence, RI 02909 35
General Contractor: Hamel Builders of Washington LLC
Describe the general contractor’s experience in affordable housing, the District of Columbia, and with
projects of similar type, scale and complexity.

Hamel brings 33 years of experience in affordable/workforce multifamily housing, with a total of
403 projects completed, 35,736 units delivered and $2.6B in construction value. Hamel’s
experience includes 193 LIHTC projects. With regards to experience in the District, over the last
10 years Hamel delivered 5,091 units in 71 projects and subcontracted $234M to local companies.
Hamel will work with the development team to ensure all construction activities, from estimates to
project management, are coordinated and execution from pre-construction through project
completion. Hamel utilizes a systemized team approach to estimating, buying, and managing time
and resource on the project; 950 Eastern Avenue NE will be no exception. This will enable Hamel
to effectively aide the architect, engineers, and consultants in identifying problems and developing
solutions in the ahead of construction start, to ensure no cost overruns or construction delays are
incurred. The construction plan to be integrated on the proposed 950 Eastern Avenue NE
16
development assumes Davis-Bacon Building Scale, CBE participation and First Source
compliance.
P
rovide a list of similar projects that the general contractor has constructed or renovated:

Project Name Type of Construction Location Number of Units
Spring Flats Senior New Construction 1125 Spring
Road NW,
Washington,
DC
88
Randle Hill Apartments Renovation 3300 6th Street
SE,
Washington,
DC
195
Stanton Square New Construction 2910 Stanton
Road SE,
Washington,
DC
121
Mass Place Renovation 1111
Massachusetts
Ave. NW,
Washington,
DC
160
Rhode Island Ave. New Construction 1736 Rhode
Island Ave. NE,
Washington,
DC
61
Benning Heights
Apartments
Renovation 4806 Alabama
Ave. SE,
Washington,
DC
148
Southern Ave. Assisted
Living
New Construction 4656
Livingston
Road SE,
Washington,
DC
152
Maycroft Apartments Renovation 1474 Columbia
Road NW,
Washington,
DC
64
Capitol Vista New Construction 888 New Jersey
NW,
Washington,
DC
104
Woodmont Crossing Renovation 2327 Good
Hope Road SE,
Washington,
DC
176
Girard Street New Construction 1545 Girard
Street NE,
25
17
Washington,
DC
If the contractor has not been selected, explain the anticipated selection process.

N/A
Construction Manager: Not selected at this time.
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: TM Associates Management, Inc.
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.

The project’s management agent will be TM Associates Management, Inc. (TMAM),
headquartered in Rockville, MD. TMAM manages over 13,500 units in 8 Mid-Atlantic States and
the District of Columbia, of which 99% are affordable and over 80% are LIHTC financed.
TMAM is a for-profit organization owned by the project’s developer/guarantor/co-developer and
co-owner.
Summarize the management plan for this project. Be sure to address facility maintenance, on-site
management, and services provided.

TM Associates currently manages over 500 units of affordable housing in the district. Based
regionally in Rockville, MD the properties are nearby executive leadership. TM Management will
be broadly responsible for the following;
a. T
o develop a specific Management Plan that is consistent with policy guidelines. Any
su
bstantive deviations from the Management Plan and basic operating policy will be cleared first
with the Owner.
b. T
o appoint a qualified Regional Manager and, jointly with the Regional Manager, to appoint a
Manager for the daily, routine administrations of the Property. These personnel will be responsible
to TM Associates Management, Inc. as Owner's Agent and will be familiar with management
procedures unique to a federally financed, HUD and/or Tax Credit Multi-Family housing
de
velopment.
c. To continually monitor the day-to-d ay operations to ensure that the operational policies are
fulfilled, contacting the Owner as required when specific problems arise.
18
d. To provide site staff with an operating Policies and Procedures manual.
e. The entire staff of TM Associates Management, Inc. will be available to assist the Regional
M
anager and the Manager in dealing with non-routine problems
A
dditionally, duties fulfilled by management will include;
a. L
easing
b. T
enant selection in compliance with HUD, LIHTC (or both) requirements.
c. D
etermining eligibility, income certification and re-certification.
d. O
perating the Property for the good of the residents and Owners within the financial guidelines
established jointly by TM Associates Management, Inc. and the Owner.
e. M
aintaining accurate records of the day-to-day operations of the Property, including collecting
a
nd accounting for rent revenues.
f. C
onforming to all federal, state, and local regulatory agencies.
g.
Filing all reports required by the mortgagee and by federal and local agencies and the Owner.
T
hese are to be completed on time and in prescribed form.
h. M
aintaining the Property and reporting any deficiencies to the Owner.
i. P
roviding assistance in the field of resident counseling, guidance and social services.
j
. Wo
rking with the residents to set up a Resident Association if the residents desire such an
association.
k. E
stablishing and implementing rules governing resident behavior and conditions of occupancy.
l. H
iring, retaining, and discharging Project employees and determining their compensation.
T
he following staffing requirements are anticipated:
I
n addition to these personnel, TM Associates Management, Inc. may provide central office
employees to render services that can best be provided on a centralized basis. These centralized
services might include but need not be limited to any or all functions normally associated with an
on-site rental office. Staffing requirements for extraordinary repairs or temporary excessive
workloads will be handled on a case-by-case basis.
Man
ager Supervision and Direction: The Manager will receive general supervision and direction
from the Management Agent. The Manager may be vested with the authority to make
discretionary decisions in the event circumstances occur that are not covered by written
instructions or known policies and procedures. Communication between the Manager and the
Owner will normally be through the Officers of TM Associates Management. The Owner shall
have the right to request information regarding operations from the Manager. The Manager will
comply with established policies and procedures and will not take action contrary to such
guidelines without the Regional Manager's approval.
T
he Manager is responsible for assuring that the tenants receive prompt, efficient, courteous, and
quality service. In order to execute this responsibility, the Manager will supervise the general
administration and physical operation of the property.
T
he Manager should provide direction to and assurance that the rental program is properly
executed; assure the provision and maintenance of efficient mechanical operations, adequate
buildings and equipment; and be responsible for the employment of qualified and competent
personnel and establishment of good tenant relations.
S
pecific: The Manager should perform the following duties:
19
 Regularly inspect the buildings and grounds, noting deficiencies of operating employees and
physical appearance of the property, deferred maintenance, and other related data.

Prepare reports based upon regular inspection, outlining property condition, including
c
leanliness of buildings and grounds, and a summary of maintenance operations.
 Inform the Management Agent of observed deferred maintenance and property deficiencies in
w
riting, noting specific locations, conditions, and recommendations for corrective measures.

Provide direction and guidance to the maintenance staff, assign work priorities, and determine
the extent of repairs and necessary corrective measures.

Establish a central office procedure with the approval of the Management Agent.

Interview all potential residents and help select those that qualify. Shall perform HUD and/or
LIHTC income and other verifications and prepare a 50059 and/or Tenant Income Certification
(T
IC).

Will aim to maintain an occupancy level of 95% or better.

Confer with the Management Agent on all evictions, lease violations, and special
arrangements.

Rent Collection and Record keeping.

Be responsible for all job assignments, explain employee duties and responsibilities, and
i
nform operating staff of policies and procedures.

Maintain files containing written records of maintenance services, equipment readings,
ope
rating manuals, inventory and a library consisting of pertinent data relating to equipment and
bui
ldings.
D
elegation of Authority: The Manager may be authorized to delegate authority to key employees.
The Management Agent, however, must approve any such delegation.
Mai
ntenance Technician
S
upervision and Direction: The Maintenance Technician is responsible for operating and
maintaining electrical and mechanical equipment used to provide heating and hot water for the
property, and assume the provision and maintenance of efficient building heat and air-
conditioning functions including safety, maintenance, repairs, and other related services,
specifically:
• Mai
ntain heaters, air-conditioners, and other equipment in the buildings; to insure that the
equipment is operating safely and efficiently; ensure continuous hot water service; determine by
inspection that all control equipment is operating properly; check such items as circuit breakers,
sw
itches, relays, starters, connections and filters for mechanical and electrical faults, sign of wear,
dirt, overloading, and other indications of trouble; and perform such preventive maintenance as
l
ubricating motor bearings and pumps, replacing brushes and filters. • Perform all necessary
m
aintenance and repairs on apartments.
20
• Perform all necessary maintenance and repairs for all turnover apartments.
• W
eekly inspect buildings, grounds and other public areas making a report on an inspection form
and consult with the Housing Manager regarding deficiencies.
• P
eriodically inspect building and grounds to determine necessary preventive maintenance needed
a
nd consult with the Manager regarding such conditions.
• P
rovide adequate and efficient housekeeping functions, which assure cleanliness of all building
ha
lls, stairways, grounds and other public areas.
A
ccomplish the following on a regular scheduled basis:
• A
ll public areaways, stairways, halls, laundry rooms, building entrances and trash rooms must be
cleaned regularly.
• T
he washers and dryers in laundry rooms are to be cleaned on a regular basis.
• A
ll light fixtures are to be cleaned.
•
Mailbox fronts and public walls or halls, must be cleaned regularly.
• P
ick up trash each day, clean sidewalks, edge all walks, cut and edge all grass around all
buildings, trees, plants, etc.
• R
eport missing bulbs, building damage or vandalism, unusual circumstances and conditions, and
ot
her related incidents to the Manager.
• Turnover apartments will be completed within 5 workdays.
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.

The following staff are anticipated for the 56-unit community:
 On-site Manager at 40-hours week
 Maintenance Technician at 40-hours week
 Leasing Agent at 20-hours week (only anticipated during pre-stabilization and lease-up).
Describe the project team’s experience with various funding sources and income certifications.

TM Associates specializes in the management of affordable housing communities, currently the
largest affordable management company, by number of properties, in the Commonwealth of
Virginia and Maryland, it has experience in all types of affordable housing. This includes LIHTC,
HUD, RD 515, 811, RAD, Public Housing, and more. TM’s compliance department is well
established and held in high regard. All members of the compliance department hold HCCP and
CPO designations. All TM regional supervisors hold cer tifications in both LIHTC and HUD
compliance. Moreover, TM has a program to pay for On-site managers to attend class for those that
wish to acquire SHCM, HCCP, CPO or other.
Lastly, TM has a compliance lease-up team that only focuses on the rigorous efforts that are
associated with LIHTC lease-ups. This is to ensure that all marketing and leasing efforts align
21
with LIHTC regulations. On a final note, TM is undergoing the lease-up of MDL Flats, a 76-unit
construction affordable housing development in Buzzard’s Point, which contains 16 PSH units.
The development team is gaining experience working with the Department of Human Services as
well as the DC Housing Authority in ensuring timely delivery of its current and future
developments within the District and as well as effectively leasing to project-designated
populations.
Resident and/or Supportive Services Provider: United Planning Organization
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.

TM Associates Development is partnering with the United Planning Organization which has
significant experience in housing development projects and developing and implementing Resident
Services Plans (RSPs).
B
ackground:
The United Planning Organization—the parent company of UPO CDC—was established in 1962 as
a 501(c)(3), non-profit organization to plan, coordinate and implement human services programs for
low-income residents of Washington, DC. For 60 years, UPO has been at the forefront of the war on
poverty, providing nearly 30 programs to more than 50,000 District of Columbia residents each year
through 400+ dedicated employees. UPO is driven by the simplicity of its mission, which is to unite
people with opportunities.
For over 50 years, UPO has planned, coordinated and offered a vast array of programs and services.
In 2020 alone, UPO served almost 54,000 individuals. The programs offered to these individuals
include:
C
hildren, Youth and Family Services – UPO develops strategies to address the needs of children and
families who deal with disabilities, homelessness, foster care as well as language and cultural
barriers. UPO serves low-income families and helps them progress to self-sufficiency, whether
that’s by helping them to secure viable employment, move into affordable housing or benefit from a
solid education.
J
ob Training and Placement – UPO offers a portfolio of industry-based occupational training
focused on entry to midlevel career opportunities, soft skill and job-readiness training, job
placement, and assistance services. In 2011, the Office of the State Superintendent of Education for
the District of Columbia granted UPO a Certificate of License to Operate a Non-Degree Institution
of Higher Education, UWI. UWI is a collaboration of the UPO Adult Education & Training
Programs, the Green Technologies Division through the Building Careers Academy and the
Workforce Development Division. UWI offers education and occupation training to eligible DC
lower income residents who qualify as well as to the general public. UWI also offers job placement
and assistance services.
Housing Assistance – UPO provides comprehensive assistance to person who want to rent, buy or
already own a home, and who seek to be responsible renters, buyers and owners. UPO is a HUD
approved Housing Counseling agency. The primary objectives of the program are to expand home
ownership opportunities, improve access to affordable housing and preserve home ownership. In
addition to housing assistance, this program offers foreclosure prevention, tenant purchase program,
22
home buyer’s education, rental counseling, home savers program, home improvement
weatherization services and lead safe program.
Fi
nancial Assistance – UPO provides the financial opportunities for those in the community
including financial literacy programs and income tax assistance.
S
ubstance Abuse Treatment – UPO Comprehensive Treatment Center is an outpatient medically
managed opioid treatment program. The goal of the program is to strengthen individual patient
motivation to enter and remain in treatment until they are successful by utilizing a coordinated
network of services, linkages and programs. This program has the capacity to serve 600 opioid-
dependent individuals at any one time.
C
ommunity Leadership – UPO Community Leadership Academy promotes leadership,
empowerment and advocacy through training and community opportunities.
S
mall Business Support – UPO Community Development Corporation supports small businesses
and seeks to promote job creation and economic development. Supportive services offered by this
program include making loans to individuals and organizations that create low to moderate income
housing and/or business development opportunities and employment for low-income individuals,
start-up capital and business expansion assistance through their current offering of loan products.
S
helter Hotline – UPO offers services seven days a week, including year-round transportation,
outreach, and referral services with around the clock assistance.
U
PO is a multi-faceted organization that offers a significant number of services to its patrons. To
maintain the high level of community impact, UPO and UPOCDC employ over 300 professional and
non-professional staff.
D
evelopment History:
U
PO has a long history in the development sector in Maryland and in DC. For instance, in 2005,
UPO undertook a bold initiative to establish its headquarters at the iconic, “Old Safeway” building
where UPO’s headquarters exists to this day. But its history of housing development predates the
development of its headquarters. The following is a listing of UPO’s development projects:
• P
arker’s Creek Knolls (1996): A seven-unit, single family subdivision in Prince Frederick,
M
D. T
he land was donated to UPO who in turn developed and then sold approved
subdivisions to a for-profit developer. Proceeds of this sale were used to purchase land for
affordable housing.
• B
rawner Estate (1997 – 2000): A 111-unit single family subdivision in on 35 acres in Indian
H
ead, Maryland. Funding Sources for the project included USDA, HUD, Shop I and Shop
I
I, HAC, Federal Home Loan Bank (Atlanta), Sisters of Charity. Total Development Costs
(TDC) ~ $11M.
• K
ellams’s Marina LP (1999 – 2003): A 60-unit, garden apartment and 16 townhouse units in
C
hesapeake Beach, Maryland. Sources for the project included Calvert Bank (now PNC)
Maryland DHCD, HOME, LIHTC, CDBG, Town of Chesapeake Beach, JD Murray
(philanthropist). TDC ~ $10M
23
• Yardley Hills (2000 – 2004): A 150-unit development consisting of 46 single family and
104 rentals. Prince Frederick, Maryland. Sources for the project included Calvert County
G
overnment; 35 acres of property and $1.9 Mil in fee waivers, USDA, Federal Home Loan
B
ank, (AHP and EDGE) HAC, Sisters of Charity, McAuley Foundation, CDBG, State of
Maryland DHCD, Maryland Affordable Housing Trust Fund, LIHTC. ~ TDC $26M.
• 1550
Project (2018 - present): Located at 1550 1st Street SW, Washington, DC. A two-
building development project consisting of a total of 177 units of 100% affordable housing
uni
ts, up to 30% AMI for PSH families and up to 50% AMI for all others. The first building
(
consisting of 77 units) was completed in July of 2021, and the second building (100 units)
is currently being constructed. This location has on-site, residential services and PSH
services being provided by UPO.
UPO staffing for resident services and supportive services for the PSH residents as well as the
community is discussed further in the resident service plan and budget uploaded to the Innovative
and Community Oriented Features of the Evaluation Criteria. TM Associates Development, Inc. will
provide the on-site staffing for this project.
T
he Board of Directors is comprised of 21 members who represent Washington, DC’s eight wards,
the public and private communities. They are a passionate group of individuals whose responsibility
is to ensure that they assess and respond to the causes and conditions of poverty in DC and remain
fiscally and administratively sound. The board is elected democratically selected representatives of
low-income individuals and families living the District, mayoral appointees and members chosen
from industry, business, law enforcement, education as well as other major groups and interested
located in and serving the District. Detailed information on each Board Member have been included
in the Development Team section of the online application.
A
s reflected in the audited financial statements, UPO is a very financially strong non-profit
participant. Audits for 2018, 2019, 2020 have been provided for both UPOCDC as well as its parent
company, UPO with the online application.
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.

Given that UPO is both the service provider and owner of the development, PSH are not contracted
out to a third party. The cost of these services is not incurred by the partnership and are managed by
UPO. Those eligible for resident services will have the entire spectrum of services available to them
as articulated in the portal and below.
UPO has the capacity to provide high-quality residential services to residents. When developing
their RSAs (and development projects), UPO convenes its planning team (Development Team) to
include UPO staff as the Director of Affordable Housing, the Director of the Community Impact
Division, the Program Director of Permanent Supportive Housing, and the UPO Office of the
General. The former CEO, Mr. Dana Jones—who also serves as a non-voting member of the Capital
Committee of the UPO Board of Directors—also serves as an advisor to the team in this capacity.
The housing Development Team is led by the current UPO CEO, Ms. Andrea Thomas. Together
with TM Associates, the team examines needs of the community, drawing on current needs
assessments conducted by UPO, among other sources, and evaluates its portfolio of programs to
24
offer residents to help them to achieve self-sufficiency and to join the middle class. For a detailed
listing and bio of Development Team members, see the Development Team section of the
application.
T
he Community Impact Division at UPO performs primary functions of designing and providing
place-based services to communities to ensure that community members have access to the types of
support they need to achieve self-sufficiency. Since 2018, the CID has been cultivating relationships
with key stakeholders in communities, assessing needs of communities, and delivering information
on UPO services to residents. Currently, the CID provides place-based services at nine locations in
Wards 5, 6, 7 and 8. The division also provides on-going, place-based programs and activities
including workshops, DIY demonstrations, various trainings, and community development/self-help
courses, among other activities. The CID will provide on-site support to residents at the 950 Project
including education and training services and residential involvement services. For a more detailed
explanation of the RSP plan, see the Resident Services Plan uploaded to the application.
P
rior to construction of UPO’s 1550 Project, in 2018, UPO applied and was awarded a Human Care
Agreement to perform as a Permanent Supportive Housing provider for the District of Columbia.
The PSH program is offered under the auspices of UPO’s Community Health Division. The Program
Director oversees the PSH program to ensure that residents receive remote and on-site PSH services
to help them maintain housing including intensive case management services, among other services.
UPO serves as a compliment to the PSH services offered to residents in that clients have access to
more than 28 programs to help them make progress along their journeys to the middle class.
Currently, UPO’s PSH program provides PSH services to 30 families and 34 individuals throughout
the District, including 16 at UPO’s 1550 project. UPO will offer PSH services at the 950 Eastern
Avenue NE Project for 13 families.
Market Study
1. Provide the information requested below:
Date of market study (mm/dd/yyyy) 02/14/2022
Absorption Rate 2-3 months Page Number: #70
Capture Rate 0.6% Page Number: #92
Vacancy Rate 5% Page Number: #11
2. C
omplete the following table using data provided in your market study:
25
3. Explain how the project rents have been determined.
A market study was conducted by Novogradac to determine the most feasible rent estimate.
Additionally, the development team took a conservative approach to rental expectation for the
market, utilized the most stringent rent rates across LIHTC and HPTF rents for the 30% and 50%
units. Current data from the DC Housing Authority was also utilized as a benchmark for LRSP
rental subsidy.
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.
With a capture rate of 0.6%, there is ample demand for all units within the proposed development,
not just Permanent Supportive Housing units. The two to three month lease up period takes into
account the process associated with verifying income and allowing potential residents to move-in.
The market study found that there is currently a demand for 9,371 units in the first year of the
Property’s operations; absent subsidy, there are 2,349 units of demand in the first year of
operations. The Property will need to accommodate 53 units of demand in order to meet the 5%
vacancy rate and stabilize at 95% occupancy, which is very realistic given the strong demand for
this asset class in the market.
To the East, South and West of the 950 Eastern Avenue NE development are single-family homes
and rowhouses. To the North of the parcel is 11Hundred Apartments currently under construction
from the Neighborhood Development Corporation (NDC). The 950 Eastern Avenue NE, alongside
the new construction development by NDC to North, will greatly enhance this specific corridor of
the Deanwood sub-neighborhood of the District. The development team seeks to evolve with the
neighborhood over time with the construction of 950 Eastern Avenue and become a foundation to
growing and improving the surrounding community in which it is built. The place-based resident
service footprint of the United Planning Organization will enable the Property to not only serve all
its residents but be an enriching center point of the Deanwood community in which it serves. This
is a differentiating factor that makes 950 Eastern Avenue NE standout from similar projects in and
around the district.
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).

26
All pre-development activities are intended to be funded by the development team until the project
reaches closing with the Low-Income Housing Tax Credit (LIHTC) Investor and all financing is
in place. The capital structure of the project through the construction and permanent phases is a
combination of Bank Permanent Mortgage, 4% Bond Financing, Federal and DC Local Low-
Income Housing Tax Credits, DHCD Housing Production Trust Funds and Deferred Developer
Fee. The development team is also seeking operating subsidy through Local Rent Subsidy
Vouchers for the 13 site-based Permanent Supportive Housing (PSH) units within the
development. The development team is open to structuring the construction and permanent debt in
a variety of ways and anticipates that this will be executed via a construction to permanent loan
product through Boston Capital Finance and/or the HUD-Risk Share program in partnership with
the DC Housing Finance Agency (DCHFA). An additional scenario may include construction
financing from Capital One with permanent financing via a Freddie Max Forward Direct Purchase
of Tax-Exempt Commitment Loan. Given current communication with multiple lenders, the
development team benefits from having viable scenarios to get from pre-development to
completion.
2. Describe the next steps/strategy should this project not receive DHCD funding.
The project is feasible with the funding from DHCD. If the project does not receive funding in the
current application cycle, the next steps for the development team will be to re-submit the project
into the following application round.
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, no waivers requested.
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)
☐ 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, only one financing scenario provided.
Collateral Position
27
1. Date of Appraisal (mm/dd/yyyy): 02/14/2022
2. As-built Unrestricted value: $12,700,000
3. As-built Restricted value: $10,800,000
4. As-Is Value: $2,800,000
5. Project Site purchase price: $2,800,000
Yes No
6. Is the purchase price at or below fair market value as determined by the appraisal? ☒ ☐
a. If no, explain:
N/A
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:
N/A
8. Describe the collateral and collateral position offered to DHCD to secure the loan.
DHCD will have a second Lien Position, behind the Primary Permanent Debt.
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:
UPO is in the process of completing its triennial, District of Columbia Community Needs
Assessment for 2021. The needs assessment investigates needs at the family-, community-, and
the UPO agency-level. The UPO Office of Resource Development and Research oversees the
triennial needs assessment with annual updates including triangulating reviews of literature,
quantitative data (surveys), and qualitative data (community-based focus groups). To date,
UPO has analyzed more than 900 surveys and conducted focus groups in all eight wards of the
District, gleaning information from nearly 100 focus group participants.
T
he Community Impact Division (CID) was instrumental in collecting surveys and facilitating
of focus groups, including the Deanwood area in Ward 7, where the 950 Eastern Avenue NE
Project will be located. CID staff frequently visited residents in the Deanwood area, and when
the pandemic hit DC, the CID continued their interactions of residents in the area through
virtual means. Additionally, the current pandemic has created heightened opportunities to
support District residents with emergency support including rent, food, internet access and
laptops, and PPE supplies, especially to residents living in the Deanwood area.
According to the 2021 UPO needs assessment, the top three needs that survey respondents
listed in Ward 7 are: 1-income tax preparation, 2-skills training, and 3-utilities assistance. All
three of the needs are aligned with supports included in the RSP for the 950 Eastern Avenue
NE project. When residents participating in Ward 7 focus groups were asked about social
supports their community needs, they emphasized social and recreational activities for families
28
and parents such as community retreats, parenting workshops, community playdates, and peer-
to-peer learning. They also reflected on opportunities for parents, such as parent cafes. These
are precisely the types of social programs that the CID plans to offer at the site, among other
training and educational types of support.
2. Describe the post-selection approach and strategies for engaging residents (if applicable), the local
community, and other stakeholders:
As mentioned, UPO conducts annual updates to the DC Community Needs Assessment, and it
will continue to perform quantitative and qualitative research to inform UPO of needs of the
communities it serves including in the site and surrounding areas. The purpose of the annual
updates is to inform UPO of any emerging needs of local communities and to make any
necessary enhancements to its existing programs to better meet the needs of District residents,
including in Ward 7. The CID stays abreast of information from community leaders in the area
including ANC and City Council representative to be informed about policies and city plans in
the area that may impact residents. This strategy will be maintained post-selection and the CID
will increase its interactions with stakeholders in the area including with local religious
institutions, schools, and resident groups.
Po
st-selection and once residents are housed at the 950 Eastern Avenue NE site, UPO will
establish its Community Impact Service Center at the property and will begin to acquaint
residents with UPO, its services, and the purpose of CID. UPO will also assist residents in
organizing community groups, like resident councils, and youth and parent groups. In tandem,
UPO will also offer services as outlined in the Resident Services Plan (RSP).
Year 15 Plan
1. Describe the exit strategy for the limited partner or investor member, as applicable, and the
anticipated ownership changes.
United Planning Organization (UPO) will retain control of the project through the end of the
Compliance period and will retain the Right of First Refusal (ROFR). UPO anticipates that the
project will be re-syndicated at the end of the Compliance period. There will be an
Affordability Covenant in perpetuity on the Property.
2. Describe any anticipated refinancing, re-syndication, or sale to a third part planned at Year 15.
United Planning Organization intends to re-syndicate the Project in Year 15.
3. How will affordability be maintained through the 30-year extended affordability period?
United Planning Organization, along with the additional partners in the transaction, will
maintain site control throughout the extended affordability period. The engaged Management
Agent, TM Associates Management, Inc. has robust experience in tenant file compliance
within the LIHTC and HPTF programs as well as the PSH and LRSP programs through the DC
Housing Authority (DCHA) and the Department of Human Services (DHS) and will ensure
that the affordability of all units will be maintained over the longevity of the Project.
{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
(950 Eastern Avenue TM LLC) (950 Eastern Avenue)
EXHIBIT C
C
ONTRACT UNITS
UPDATED Exhibit - A/C
Project Name : 950 Eastern Ave
Project Address: 950 Eastern Ave NE Washington DC 20019 Date:02-10-2026
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)
UFAS
Yes/No
1. TBD 2 Yes No 1,731$ 5 19.3$ NA Yes
2. TBD 2 Yes No 1,731$ 5 19.3$ NA Yes
3. TBD 2 Yes No 1,731$ 5 19.3$ NA Yes
4. TBD 3 Yes No 2,536$ 7 60.8$ NA Yes
5. TBD 3 Yes No 2,536$ 7 60.8$ NA Yes
6. TBD 3 Yes No 2,536$ 7 60.8$ NA Yes
7. TBD 3 Yes No 2,536$ 7 60.8$ NA No
8. TBD 3 Yes No 2,536$ 7 60.8$ NA No
9. TBD 3 Yes No 2,536$ 7 60.8$ NA No
10. TBD 3 Yes No 2,536$ 7 60.8$ NA No
11. TBD 3 Yes No 2,536$ 7 60.8$ NA No
12. TBD 3 Yes No 2,536$ 7 60.8$ NA No
13. TBD 3 Yes No 2,536$ 7 60.8$ NA No
14.
15.
16.
17.
18'
19.
20.
21.
22.
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
(950 Eastern Avenue TM LLC) (950 Eastern Avenue)
E XHIBIT D
LTSC
Di
strict of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
[950 Eastern Avenue TM LLC] (950 Eastern Avenue)
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District of Columbia Housing Authority
Local Rent Supplement Program (LRSP)
Long Term Subsidy Contract (LTSC)
Contract No. 2026-L RSP-02L
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 950 Eastern Ave TM L.L.C.
(“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 950 Eastern Ave TM
L.L.C. (“Owner”).
B. Property Name: 950 Eastern Avenue
C. Property Address: 950 Eastern Avenue NE
Washington DC 20019
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 Co
lumbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
[950 Eastern Avenue TM LLC] (950 Eastern Avenue)
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Exhibit A: Desc
ription of Contract Units
Number of Units by Unit Size (Number of Bedrooms): 13 Units
Address, and applicable initial contract rent for each Contract Unit
Exhibit B: Serv
ices Related to the Property, Maintenance and Utilities
Exhibit C: Basi
c Business License
Exhibit D: Cert
ificate of Occupancy
1.2. Effective Date of LTSC.
1.2.1. Single Stage P
roject – [ ] YES [ ] NO
A. Effective
Date of LTSC for single-stage project: ________________________
B. For all con
tract units, the effective date of the LTSC is:
____________________
1.2.2. Multi-Stage Pro
ject – [ ] YES [ ] NO
A. Effective
date of LTSC for multi-stage _________________________
B. Anniversary date o
f LTSC for multi-stage project
________________________
C. The anniversar
y 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
a
nd regulations, applicable to the LRSP, of sufficient appropriated funds
from the District of Columbia to make Rental Subsidy Payments (as defined
in Section 2 below) in accordance with the LTSC and compliance by Owner
Distr
ict of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
[950 Eastern Avenue TM LLC] (950 Eastern Avenue)
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with the terms of this LTSC and the rules, regulations and laws applicable
to the LRSP.
B. Subje
ct to the availability of sufficient appropriated funds from the District
of Columbia and Owner’s compliance with the terms of the LTSC and all
applicable laws, rules, and regulations applicable to the LRSP , the Owner
may request in writing that DCHA grant subsequent renewals of the term of
the LTSC.
C. If s
ufficient 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. Ren
ewal 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. DCH
A 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. Exce
pt 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 F
amily 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 O
wner gives DC HA prompt written notice within three (3)
business days of the vacancy;
ii. The va
cancy is not the fault of the Owner; and
iii. The O
wner has taken every reasonable action to minimize the
likelihood and length of vacancy and provides DCHA written
documentation evidencing the same.
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Local Rent Supplement Program (LRSP)
[950 Eastern Avenue TM LLC] (950 Eastern Avenue)
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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.
D
CHA 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. D
CHA will make Rental Subsidy Payments under the LTSC for up to 100%
of the Contract Units per building pursuant to the LRSP requirements.
B. D
CHA 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. D
efinitions
A
greement. 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.
A
rea Median Income (AMI). The Area Median Income shall mean the following:
A. F
or a household of 4 persons, the area median income for a household of 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 3 persons , 90% of the area median income for a household of 4
persons;
C. For a household of 2 persons , 80% of the area median income for a household of 4
persons;
D. For a household of 1 person, 70% of the area median income for a household of 4
persons; or
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Local Rent Supplement Program (LRSP)
[950 Eastern Avenue TM LLC] (950 Eastern Avenue)
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E. For a household of more than 4 persons , the area median income for a household of 4
persons, increased by 10% of the area median income for a Family of 4 persons for
each household member exceeding 4 persons (e.g. the area median income for a Family
of 5 shall be 110% of the area median income for a Family of 4; the area median income
for a household of 6 shall be 120% of the area median income for a Family of 4).
C
ontract Rent. Contract Rent shall mean the amount of rent for the Contract Unit as set forth in
Exhibit A attached to this LTSC.
C
ontract Units. The housing units covered by this LTSC as described in Exhibit A.
DCH
A. 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)).
E
xtremely Low Income Household. A Family whose gross income does not exceed 30% of the
Area Median Income, as adjusted for size of household.
F
amily. Eligible person or persons approved by the DCHA to reside in a Contract Unit with
assistance under the Program.
Ho
using Quality Standards (HQS). The minimum quality standards as set forth in 24 CFR
§ 982.401 for Contract Units occupied by Families receiving tenant -based, pr oject-based, or
sponsor-based assistance under the Local Rent Supplement Program.
L
RSP. Local Rent Supplement Program.
LTS
C. 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.
O
wner. The owner for whom Project-Based Assistance is being provided under this LTSC.
P
remises. The building or complex in which a Contract Unit is located, including common areas
or grounds.
P
rincipal 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.
P
rogram. 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
Di
strict of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
[950 Eastern Avenue TM LLC] (950 Eastern Avenue)
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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.
Spo
nsor-Based Housing Assistance. LRSP funds allocated under a LTSC to a particular private
or non-profit Owner to subsidize the rent, in Contract Units owned and/or operated by the Owner,
for which Supportive Services are provided (or Owner will cause to be provided), for the number
of households established by this LTSC.
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 accordance 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 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 th e Contract Units have been completed in accordance with the Agreement .
Completion and acceptance of the Contract Units are subject to the provisions of the
Agreement for new Contract Units or substantially rehabilitated Contract Units governed
by an Agreement.
5. Rent
al Subsidy Payments for Each Contract Unit
5.1. Amount of Initial Rental Subsidy Payment to Owner.
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strict of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
[950 Eastern Avenue TM LLC] (950 Eastern Avenue)
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A. T
he 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. A
t 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. N
otwithstanding 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. D
CHA 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. E
ach 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. T
he 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. T
he 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. T
o 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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Local Rent Supplement Program (LRSP)
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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. T
he 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.
P
ayment 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 Assistance for Family.
D
CHA 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. A
djustment of Rental Subsidy to Owner
6.1. DCHA Determination of Adjustment of Rental Subsidy.
A. R
ental 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. U
pon 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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Local Rent Supplement Program (LRSP)
[950 Eastern Avenue TM LLC] (950 Eastern Avenue)
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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.
T
he 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 Adjus tment.
D
CHA will not make any special adjustments of the Rental Subsidy.
6.4. Owner Compliance with the LTSC.
D
CHA 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.
I
n 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 S ection 6. Such
notice constitutes an amendment of the Contract Rent specified in Exhibit A.
6.6. District Funding Availability.
A. O
wner 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. I
n 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.
U
pon such written request, DCHA hereby agrees to amend the LTSC to
remove the number of vacant Contract Unit(s), which number shall not be
Di
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Local Rent Supplement Program (LRSP)
[950 Eastern Avenue TM LLC] (950 Eastern Avenue)
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greater than the ratio of the loss in total Rental Subsidy compared to the
prior year.
I
f 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.
F
or example, a LTSC has ten (10) Contract Units eligible for a maximum
of $1,000 Rental Subsidy per month, for an annual allocation of $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 $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. O
wner 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. Ow
ner Responsibility
T
he Owner is responsible for:
A. P
erforming all management and rental functions for the Contract Units.
B. E
nforcing tenant obligations under the lease.
C. P
aying for utilities and housing services (unless paid by the Family under
the lease).
D. C
ollecting from the tenant:
i. A
ny security deposit;
ii. T
he Tenant Rent; and
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Local Rent Supplement Program (LRSP)
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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. P
roviding 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. O
wner Certifications
T
he Owner certifies that at all times during the term of the LTSC:
A. A
ll Contract Units are in good, safe, sanitary, and tenantable conditions.
The Owner is maintaining the Premises and all Contract Units in accordance
with the HQS.
B. T
he Owner shall provide, or cause to be provided, all the services,
maintenance and utilities as agr eed to under the LTSC and the leases with
Families.
C. T
he 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 demons trate to
DCHA’s satisfaction that applicants 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.
A
lternatively, 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. T
o 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. T
he 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. T
he amount of the Rental Subsidy is the correct amount due under the
LTSC.
G. T
he Rental Subsidy to Owner for each Contract Unit does not exceed rents
charged by the Owner for other comparable unassisted units.
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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 w ill continue to comply with all applicable
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.
I
f 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
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Local Rent Supplement Program (LRSP)
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applicable to Owner, DCHA may exercise any of its remedies under the LTSC for all or
any Contract Units.
S
uch 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.
M
aintenance 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. D
uring 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 (“HCVP”)
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. T
he Contract Unit leased to each Family must be appropriate for the size of
the Family under the DCHA’s occupancy standards.
C. I
f 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. T
he 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.
10.2. Vacancies.
A. T
he 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.
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Local Rent Supplement Program (LRSP)
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B. DCHA and the Owner must make reasonably good faith efforts to minimize
the likelihood and length of any vacancy.
C. I
f 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.
O
wner 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. T
enancy
11.1. Lease.
T
he lease between the Owner and each Family must be in accordance with LRSP
requirements.
11.2. Termination of Tenancy.
A. T
he Owner may only terminate a tenancy in accordance with the lease and
LRSP requirements, including all applicable federal and District of
Columbia laws.
B. T
he 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. T
he 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.
B. T
he 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.
Di
strict of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
[950 Eastern Avenue TM LLC] (950 Eastern Avenue)
{0035004 - 2} 15
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. A
s 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.
T
he 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. T
he 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. T
he 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. T
he Owner may collect a security deposit from the Family.
B. T
he 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. W
hen 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
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.
Di
strict of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
[950 Eastern Avenue TM LLC] (950 Eastern Avenue)
{0035004 - 2} 16
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. O
vercrowded and Under-Occupied Units
I
f 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 Unit, 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. P
rohibition of Discrimination
A. T
he 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. T
he 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. T
he Owner must comply with the following requirements:
i. T
he Fair Housing Act (42 U.S.C. §§ 3610 – 3619) and implementing
regulations at 24 CFR parts 100, et seq;
ii. E
xecutive Orders 11063, 12259, and 12892 (Equal Opportunity in
Housing) and implementing regulations at 24 CFR part 107;
iii. Ti
tle 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;
i
v. T he Age Discrimination Act of 1975 (42 U.S.C. §§ 6101 – 6107)
and implementing regulations at 24 CFR part 146;
Di
strict of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
[950 Eastern Avenue TM LLC] (950 Eastern Avenue)
{0035004 - 2} 17
v. S ection 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);
v
ii. Title II of the American with Disabilities Act (42 U.S.C. §§ 12101,
et seq .) (prohibition of employment di scrimination because of
disability) and the fair housing advertising poster guidelines at 24
CFR part 110; and
v
iii. All applicable federal and District laws, rules and regulations.
D. D
CHA 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. O
wner Default and DCHA Remedies
14.1. Owner Default.
A
ny of the following is a default by the Owner under the LTSC:
A. T
he 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. T
he 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. T
he Owner has committed fraud or m ade false statement to DCHA in
connection with the Agreement or the LTSC or a housing assistance
payment contract under DCHA’s HCVP.
D. T
he Owner has committed fraud, bribery or any other corrupt or criminal
act in connection with any Federal or local rent subsidy program.
E. I
f the Owner has engaged in any drug- related criminal activity or any
violent criminal activity.
Di
strict of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
[950 Eastern Avenue TM LLC] (950 Eastern Avenue)
{0035004 - 2} 18
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 LTSC 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 access 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.
Di
strict of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
[950 Eastern Avenue TM LLC] (950 Eastern Avenue)
{0035004 - 2} 19
17. D CHA and Owner Relation to Third Parties
17.1. Legal Relationship.
T
he 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. C
onflict of Interest
18.1. Interest of Members, Officers, or Employees of DCHA, or Other Public Officials.
N
o 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.
T
he 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.
N
o 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. E
xclusion from Local and Federal Programs
19.1. Local and Federal Requirements.
T
he 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.
T
he Owner certifies that:
Di
strict of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
[950 Eastern Avenue TM LLC] (950 Eastern Avenue)
{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 procurement 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 t he 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
Di
strict of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
[950 Eastern Avenue TM LLC] (950 Eastern Avenue)
{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. T
he 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. D
CHA’s consent to transfer of the LTSC or the Premises 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.
D
CHA will not consent to the transfer if any transferee, or any principal or other interested
party is debarred, suspended or subject to a limi ted 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. O
wner Disclosure of Other Government Assistance
21.1. Limit of Payments.
R
ental 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. N
otice and Owner Certifications
W
here 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.
If to Owner:
Emmanuel Egoegonwa
950 Eastern Ave TM LLC
3321 Georgia Avenue NW #43075
Washington DC 20010
Di
strict of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
[950 Eastern Avenue TM LLC] (950 Eastern Avenue)
{0035004 - 2} 22
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
A
ny 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. I
ndemnification
O
wner 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. E
ntire Agreement
T
he Agreement (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. [
Reserved]
26. A
nti-Deficiency Considerations
DCHA and Owner acknowledge and agree that nothing contained in this LTSC creates
a financial obligation in anticipation of an appropriation and all provisions of this LTSC,
or any subsequent agreement entered into by the Owner and DCHA pursuant to this LTSC
are, and shall remain, subject to the (i) the Federal Anti-Deficiency Act, 31 U.S.C § 1341,
1342, 1349, 1351; (ii) the District of Columbia Anti-Deficiency Act, D.C. Official Code
§§ 47-355.01- 355.08; (iii) D.C. Code § 47-105; and (iv) D.C. Official Code§ 1-204.46,
as the foregoing statutes may be amended from time to time, regardless o f whether a
particular obligation has been expressly so conditioned.
Di
strict of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
[950 Eastern Avenue TM LLC] (950 Eastern Avenue)
{0035004 - 2} 23
N
othing contained in this LTSC shall be construed to obligated DCHA to any
expenditure or obligation of funds in excess , or in advance , of the lawful
availability of duly authorized and appropriated funds in accordance with the
Federal or District of Columbia Anti-Deficiency Acts.
2
7. Counterparts
T
his Long Term Subsidy Contract may be executed in counterparts, each of which shall
be an original, but all of which shall constitute one agreement.
R
emainder of Page Left Blank Intentionally
Di
strict of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
[950 Eastern Avenue TM LLC] (950 Eastern Avenue)
{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:
950 E
astern Ave TM L.L.C.
a District of Columbia limited liability company
B
y: 950 Eastern Ave TM MM L.L.C.,
a District of Columbia limited liability company
its managing member
B
y: 950 Eastern Ave Cubed Shift JV LLC
a Delaware limited liability company
its Administrative member
B
y: ______________________
Name: Emmanuel Egoegonwa
Title: Manager
Date: ____________________
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)
[950 Eastern Avenue TM LLC] (950 Eastern Avenue)
{0035004 - 2} 25
E XHIBIT A
CONTRACT UNITS
Di
strict of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
[950 Eastern Avenue TM LLC] (950 Eastern Avenue)
{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)
[950 Eastern Avenue TM LLC] (950 Eastern Avenue)
{0035004 - 2} 27
EXHIBIT C
BASIC BUSINESS LICENSE
Di
strict of Columbia Housing Authority (DCHA)
Local Rent Supplement Program (LRSP)
[950 Eastern Avenue TM LLC] (950 Eastern Avenue)
{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
(950 Eastern Avenue TM LLC) (950 Eastern Avenue)
E XHIBIT E
STAGES
T
BD
{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
(950 Eastern Avenue TM LLC) (950 Eastern Avenue)
E XHIBIT F
ARCHITECT CERTIFICATE
January 6, 2026
Sharnitta Evans-Wilson
District of Columbia Housing Authority
Housing Choice Voucher Program
702 H Street NW, 2nd Floor
Washington, DC 20001-3874
Re: 950 EASTERN AVENUE APARTMENTS
Dear Mrs. Evans-Wilson:
My company, ZDS Inc. is the design architect of record for the new construction of the buildings for
the 950 Eastern Avenue Apartments (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,
Eric N. Zuena, AIA, LEED AP
Managing 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
(950 Eastern Avenue TM LLC) (950 Eastern Avenue)
E XHIBIT G
DAVIS BACON WAGE SCHEDULE
"General Decision Number: DC20260002 01/16/2026
Superseded General
Decision Number:
DC20250002
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).
Modification Number Publication Date
0 01/02/2026
1 01/09/2026
2 01/16/2026
ASBE0024-007 10/01/2024
Rates Fringes
ASBESTOS WORKER/HEAT & FROST
INSULATOR........................$ 40.77 20.17+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
950 EASTERN AVENUE N.E. PROJECT:
Building Decision No.: DC20260002
Modification No.: 2
Publication Date: 1/16/2026
LOCK-IN DATE: 1/28/2026
LABOR STANDARD- Construction must start by
7/28/2026, otherwise a new Wage Decision must be
assigned.
MONITORS Fabian Furr (Field/Admin) Office # (202)442-
7293 & Work Cell # (202)329-4117
Day provided the employee works the regular work day
before
and after the paid holiday.
-----------------------------------------------------------
-----
ASBE0024-008 10/01/2024
Rates Fringes
ASBESTOS WORKER: HAZARDOUS
MATERIAL HANDLER.................$ 24.46 10.19+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 10/01/2024
Rates Fringes
FIRESTOPPER......................$ 30.21 10.43+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 04/27/2025
Rates Fringes
BRICKLAYER.......................$ 38.80 15.17
-----------------------------------------------------------
-----
CARP0197-011 05/01/2024
Rates Fringes
CARPENTER, Includes Drywall
Hanging, Form Work, and Soft
Floor Laying-Carpet..............$ 34.41 14.33
-----------------------------------------------------------
-----
CARP0219-001 05/01/2025
Rates Fringes
MILLWRIGHT.......................$ 39.50 17.32
-----------------------------------------------------------
-----
CARP0474-006 05/01/2024
Rates Fringes
PILEDRIVERMAN....................$ 36.60 14.47
-----------------------------------------------------------
-----
* ELEC0026-016 06/02/2025
Rates Fringes

ELECTRICIAN, Includes
Installation of
HVAC/Temperature Controls........$ 59.50 23.06
-----------------------------------------------------------
-----
ELEC0026-017 09/01/2025

Rates Fringes

ELECTRICAL INSTALLER (Sound
& Communication Systems).........$ 34.16 13.54

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 01/01/2025

Rates Fringes

ELEVATOR MECHANIC................$ 57.16 38.435+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 06/01/2025

Rates Fringes

LABORER: Skilled................$ 30.47 8.70

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 04/27/2025
Rates Fringes
MARBLE/STONE MASON...............$ 45.65 21.21
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)
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-----
MARB0003-006 04/27/2025
Rates Fringes
TERRAZZO WORKER/SETTER...........$ 34.34 14.20
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-----
MARB0003-007 04/27/2025
Rates Fringes
TERRAZZO FINISHER................$ 28.85 12.55
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-----
MARB0003-008 04/27/2025
Rates Fringes
TILE SETTER......................$ 34.34 14.20
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-----
MARB0003-009 04/27/2025
Rates Fringes
TILE FINISHER....................$ 28.85 12.55
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-----
PAIN0051-014 06/01/2025
Rates Fringes
GLAZIER
Glazing Contracts $2
million and under...........$ 32.41 14.46
Glazing Contracts over $2
million.....................$ 36.65 14.46
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-----
PAIN0051-015 06/01/2025
Rates Fringes
PAINTER
Brush, Roller, Spray and
Drywall Finisher............$ 29.16 11.86
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-----
PLAS0891-005 07/01/2025
Rates Fringes
PLASTERER (Including
Fireproofing)....................$ 32.86 10.46
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-----
PLAS0891-006 03/01/2025
Rates Fringes
CEMENT MASON/CONCRETE FINISHER...$ 30.50 14.23
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-----
PLUM0005-010 08/01/2025
Rates Fringes
PLUMBER..........................$ 53.30 23.71+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.
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-----
PLUM0602-008 08/01/2025
Rates Fringes
PIPEFITTER, Includes HVAC
Pipe Installation................$ 55.00 24.46+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 07/01/2025
Rates Fringes
ROOFER...........................$ 36.26 14.91
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-----
SFDC0669-002 01/01/2026

Rates Fringes

SPRINKLER FITTER (Fire
Sprinklers)......................$ 45.22 27.69
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-----
SHEE0100-015 11/01/2025

Rates Fringes

SHEET METAL WORKER (Including
HVAC Duct Installation)..........$ 53.42 23.20+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

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-----
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
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-----
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
===========================================================
=====
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.

Note: Executive Order 13658 generally applies to contracts
subject to the Davis-Bacon Act that were awarded on or
between
January 1, 2015 and January 29, 2022, and that have not
been
renewed or extended on or after January 30, 2022. Executive
Order 13658 does not apply to contracts subject only to the
Davis-Bacon Related Acts regardless of when they were
awarded.
If a contract is subject to Executive Order 13658, the
contractor must pay all covered workers at least $13.30 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 2025. The applicable Executive Order
minimum wage rate will be adjusted annually. Additional
information on contractor requirements and worker
protections
under Executive Order 13658 is available at
www.dol.gov/whd/govcontracts.

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
classifications
and wage rates that have been found to be prevailing for
the
type(s) of construction and geographic area covered by the
wage
determination. The classifications are listed in
alphabetical
order under rate identifiers indicating whether the
particular
rate is a union rate (current union negotiated rate), a
survey
rate, a weighted union average rate, a state adopted rate,
or a
supplemental classification rate.
Union Rate Identifiers
A four-letter identifier beginning with characters other
than
""SU"", ""UAVG"", ?SA?, or ?SC? denotes that a union rate
was
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2024. PLUM is an identifier of the union
whose collectively bargained rate 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. The date, 07/01/2024 in
the
example, is the effective date of the most current
negotiated
rate.
Union prevailing wage rates are updated to reflect all
changes
over time that are reported to WHD in the rates
in the collective bargaining agreement (CBA) governing the
classification.
Union Average Rate Identifiers
The UAVG identifier indicates that no single rate prevailed
for
those classifications, but that 100% of the data reported
for
the classifications reflected union rates. EXAMPLE:
UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a
weighted union average rate. OH indicates the State of
Ohio.
The next number, 0010 in the example, is an internal number
used in producing the wage determination. The date,
01/01/2024
in the example, indicates the date the wage determination
was
updated to reflect the most current union average rate.
A UAVG rate will be updated once a year, usually in
January, to
reflect a weighted average of the current rates in the
collective bargaining agreements on which the rate is
based.
Survey Rate Identifiers
The ""SU"" identifier indicates that either a single non-
union
rate prevailed (as defined in 29 CFR 1.2) for this
classification in the survey or that the rate was derived
by
computing a weighted average rate based on all the rates
reported in the survey for that classification. As a
weighted
average rate includes all rates reported in the survey, it
may
include both union and non-union rates. Example: SUFL2022-
007
6/27/2024. SU indicates the rate is a single non-union
prevailing rate or a weighted average of survey data for
that
classification. FL indicates the State of Florida. 2022 is
the
year of the 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. The date,
6/27/2024 in the example, indicates the survey completion
date
for the classifications and rates under that identifier.
?SU? wage rates typically remain in effect until a new
survey
is conducted. However, the Wage and Hour Division (WHD) has
the
discretion to update such rates under 29 CFR 1.6(c)(1).

State Adopted Rate Identifiers

The ""SA"" identifier indicates that the classifications
and
prevailing wage rates set by a state (or local) government
were
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.
The date, 01/03/2024 in the example, 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.

-----------------------------------------------------------

WAGE DETERMINATION APPEALS PROCESS

1) Has there been an initial decision in the matter? This
can
be:

a) a survey underlying a wage determination
b) an existing published wage determination
c) an initial WHD letter setting forth a position on
a wage determination matter
d) an initial conformance (additional classification
and rate) determination

On survey related matters, initial contact, including
requests
for summaries of surveys, should be directed to the WHD
Branch
of Wage Surveys. Requests can be submitted via email to
davisbaconinfo@dol.gov or by mail to:
Branch of Wage Surveys
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
Regarding any other wage determination matter such as
conformance decisions, requests for initial decisions
should be
directed to the WHD Branch of Construction Wage
Determinations.
Requests can be submitted via email to BCWD-Office@dol.gov
or
by mail 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 an initial decision has been issued, then any
interested
party (those affected by the action) that disagrees with
the
decision can request review and reconsideration from the
Wage
and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part
7).
Requests for review and reconsideration can be submitted
via
email to dba.reconsideration@dol.gov or by mail 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 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.
===========================================================
=====
END OF GENERAL DECISION"