Testimony of Charisse Lue, Staff Attorney and Brittany K. Ruffin, Legal Director, Systemic Advocacy and Litigation of The Washington Legal Clinic for the Homeless
The Washington Legal Clinic for the Homeless envisions a District of Columbia where housing is a human right, racial justice is a reality, and all people have true and meaningful access to the resources needed to thrive.
We are all aware of the economic challenges now facing the District of Columbia and nationwide which make it even more critical that Council remain steadfast in its commitment to create and preserve affordable housing for the most vulnerable. While D.C.’s median rent is approximately fifty-four (54%) higher than the national median, an estimated forty-four percent (44%) of D.C. residents are rent burdened.. Over eighty-seven percent (87%) of those that are rent-burdened live below 30% AMI. Recent data shows homelessness remains above pre-pandemic numbers and the United States Marshall Service reported that the 2025 eviction filings increased by two-hundred fifty percent (250%). D.C. permits these trends to continue; they will undoubtedly cause an avalanche of socio-economic devastation for D.C. residents. Black D.C. residents are ninety-one percent (91%) of those experiencing homelessness in D.C. and will continue to be most impacted. D.C. Council must use all available tools to stop the harm and slow the displacement of current residents.
Currently, the Housing Production Trust Fund (HPTF) is the primary resource for the creation and preservation of deeply affordable housing, housing for residents with extremely low incomes (0-30% AMI). It is the most effective tool to remedy the dearth of deeply affordable housing in D.C. D.C. Council must protect and strengthen the progress D.C. has made over the last few years to prioritize the creation of deeply affordable housing.
The latest Housing Profile report from the National Low Income Housing Coalition (NLIHC) shows that over 56,000 D.C. renters have extremely low incomes (0- 30% AMI) with housing costs up 5% from the previous year. The dearth of affordable housing for the extremely low-income is currently as severe as -37,429, with only thirty-two deeply affordable homes available per one hundred renter households. These grim statistics do not even account for the barriers that the lowest income tenants face within the housing market when in need of accommodation for large families and accessible units for those with physical disabilities. We urge D.C. Council to continue recognizing the distinct housing needs of the lowest income residents of D.C.
Deeply affordable housing (0-30%AMI) is the most needed and the least created. Unfortunately, the utilization of funds for the creation of housing for the lowest income households continues to fall short of its legislative mandate. HPTF legislation explicitly mandates that fifty percent (50%) of the annual funds are to be spent for the creation of deeply affordable housing. In FY22, only twenty percent (20%) of HPTF expenditure spent was on the creation of deeply affordable housing units. In past performance oversight testimony, Director Green reported that that statistic doubled to forty-three percent (43%) for FY23. DHCD also projected that forty-four percent (44%) of the HPTF expenditures would be spent on the creation of affordable housing for those at or below 30% AMI in FY24. DHCD has yet to report the data for FY24 or FY25. While we hope for continued improvement, the lack of transparency is unacceptable. D.C. Council must continue to require and track DHCD’s adherence to HPTF requirements.
The Council enacted the Housing Production Trust Fund Transparency Amendment Act in FY23’s Budget Support Act. However, additional transparency measures are necessary. Additional provisions should require DHCD to provide detailed post-completion reports on each project and publish the number of projects that have met the eligibility requirements. DHCD should also include detailed data about each awardee and report the amount of the operating subsidy that is granted. D.C. Council should consider taking more affirmative measures to uphold HPTF funding allocations and consider separating the funds for the extremely low-income to avoid the misallocation of funds that occurred in the recent past.
The creation of deeply affordable housing is more crucial for D.C. residents than it has ever been. To meet the housing needs of D.C. residents, we strongly urge the Council to require additional transparency through reporting and create legislative safeguards that protect funds allocated for the creation of affordable units for households with the lowest income.