ENGROSSED ORIGINAL
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A BILL 1
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B25-418 3
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 5
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To amend the District of Columbia Housing Finance Agency Act to establish a permanent 9
Reverse Mortgage Foreclosure Prevention Program, include condominium fees and 10
homeowners association fees as approved uses of the financial assistance provided by the 11
Reverse Mortgage Foreclosure Prevention Program, and expand eligibility for the 12
Reverse Mortgage Foreclosure Prevention Program to homeowners whose spouses have 13
executed a reverse mortgage; to amend the Rental Housing Act of 1985 to update 14
procedures for voluntary agreements , remove the Mayor’s authority to issue certificates 15
of assurance, reflect changes in jurisdiction over administrative hearings, increase the 16
time in which parties aggrieved by final decisions of the Rent Administrator or Office of 17
Administrative Hearings in contested cases may prepare and file an appeal to the Rental 18
Housing Commission, expedite the processing and improve the content of administrative 19
records for cases appealed to the Rental Housing Commission, provide parties before the 20
Rental Housing Commission sufficient time to brief arguments on appeal, provide the 21
Rental Housing Commission sufficient time to afford due consideration to the issues on 22
appeal, and provide greater opportunities for mediation and settlement of disputes for 23
cases on appeal in the Rental Housing Commission; to amend the Condominium Act of 24
1976 to authorize condominium unit owners’ associations to conduct virtual meetings 25
and clarify voting and quorum requirements for such meetings; to amend section 29-910 26
of the District of Columbia Official Code to allow cooperatives to conduct remote 27
meetings; to amend sections 29-1005.06, 29-1005.07, and 29-1008.11(b) of the District 28
of Columbia Official Code to allow limited equity cooperatives to conduct remote 29
meetings; to amend the Commission on Re-Entry and Returning Citizens Affairs 30
establishment law to ensure it contains accurate legislative references and agency names ; 31
and to amend the Confirmation Act of 1978 to add the Commission on Re-Entry and 32
Returning Citizens to the list of boards and commissions that require a 45-day Council 33
review prior to passive approval. 34
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 36
act may be cited as the “Fairness and Stability in Housing Amendment Act of 2024”. 37
TABLE OF CONTENTS 38
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TITLE I. REVERSE MORTGAGE FORECLOSURE PREVENTION PROGRAM. ........................ 2 40
TITLE II. AMENDMENTS TO THE RENTAL HOUSING ACT OF 1985. ....................................... 4 41
SUBTITLE A. VOLUNTARY AGREEMENT PROCEDURES. ...................................................... 4 42
SUBTITLE B. RENTAL HOUSING COMMISSION APPEALS PROCEDURES. ........................ 6 43
SUBTITLE C. CERTIFICATE OF ASSURANCE REPEAL. ........................................................... 7 44
TITLE III. ASSOCIATION MEETING FLEXIBILITY. ...................................................................... 7 45
TITLE IV. COMMISSION ON RE- ENTRY AND RETURNING CITIZENS ESTABLISHMENT 46
UPDATE. ................................................................................................................................................... 10 47
TITLE V. FISCAL IMPACT STATEMENT; EFFECTIVE DATE ................................................... 11 48
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TITLE I. REVERSE MORTGAGE FORECLOSURE PREVENTION PROGRAM . 50
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Sec. 101. Section 307a of the District of Columbia Housing Finance Agency Act, 52
effective October 30, 2018 (D.C. Law 22-168; D.C. Official Code § 42-2703.07a), is amended as 53
follows: 54
(a) Subsection (a) is amended as follows: 55
(1) Paragraph (1) is amended as follows: 56
(A) Strike the phrase “as a pilot program”. 57
(B) Strike the phrase “and property insurance debts” and 58
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insert the phrase “, property insurance debts, condominium fees, and homeowner association 59
fees” in its place. 60
(2) Paragraph (3) is repealed. 61
(b) Subsection (d) is amended by striking the number “$25,000” and inserting the number 62
“$40,000” in its place. 63
(c) Subsection (e) is repealed. 64
(d) Subsection (f) is amended as follows: 65
(1) Paragraph (1) is amended as follows: 66
(A) Subparagraph (A) is amended by striking the phrase “or insurance 67
premiums” and inserting the phrase “, insurance premiums, condominium fees, or homeowner 68
association fees” in its place . 69
(B) Subparagraph (B) is amended by striking the phrase “and insurance 70
premiums” and inserting the phrase “, insurance premiums, condominium fees, and homeowner 71
association fees” in its place . 72
(2) Paragraph (3)(C) is amended by striking the word “executed” and inserting the 73
phrase “executed, or whose spouse has executed,” in its place. 74
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TITLE II. AMENDMENTS TO THE RENTAL HOUSING ACT OF 1985. 75
SUBTITLE A. VOLUNTARY AGREEMENT PROCEDURES. 76
Sec. 201. (a) Section 215 of the Rental Housing Act of 1985, effective July 17, 1985 77
(D.C. Law 6-10; D.C. Official Code § 42- 3502.15), is amended as follows: 78
(1) Subsection (a) is amended as follows: 79
(A) Strike the word “Seventy percent” and insert the phrase “Pursuant to 80
rules and procedures enacted under section 202(a)(1) of this act, 70%,” in its place. 81
(B) Paragraph (1) is amended by striking the word “rent” and inserting the 82
phrase “reasonable rent” in its place.” 83
(2) A new subsection (a-1) is added to read as follows: 84
“(a-1) A tenant in a unit exempt from the Rent Stabilization Program under s ection 85
205(a) of this act shall be permitted to comment on the provisions of a voluntary agreement and 86
shall have their comments included in any filing of a voluntary agreement to the Rent 87
Administrator.”. 88
(3) Subsection (b) is amended to read as follows: 89
“(b) A housing provider, tenant, or tenant association shall file a voluntary agreement 90
with the Rent Administrator. If approved by the Rent Administrator, the agreement shall be 91
binding on the housing provider and on all tenants, except as specified in s ection 224(i)(2) of this 92
act. The voluntary agreement shall include: 93
“(1) The signature of each tenant, including a tenant who opted out of the 94
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voluntary agreement pursuant to subsection (a-1) of this section; 95
“(2) The number of each tenant’s rental unit; 96
“(3) The specific amount of increased rent each tenant will pay, if applicable; 97
“(4) A statement that the agreement was entered into voluntarily without any form 98
of coercion, as defined by subsection (e) of this section, on the part of the housing provider; 99
“(5) An explanation of why the housing provider did not pursue a rent adjustment 100
under s ections 210, 211, 212, and 214; and 101
“(6) Any other information the Rent Administrator requires.”. 102
(4) Subsection (c) is repealed. 103
(5) New subsection s (d) and (e) are added to read as follows: 104
“(d) The Rent Administrator shall determine whether a voluntary agreement complies 105
with filing requirements, was agreed to without coercion, and whether any proposed rent 106
adjustments within a voluntary agreement are reasonable. 107
“(e) For the purposes of this section, the term “coercion” includes the knowing 108
circulation of inaccurate information, frequent visits or calls over the objection of that household, 109
threat of retaliatory action, an act or threat not otherwise permitted by law which seeks to recover 110
possession of a rental unit, increase rent, decrease services, increase the obligation of a tenant or 111
cause undue or unavoidable inconvenience, harass or violate the privacy of the household, 112
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refusal to honor a lease provision, refusal to renew a lease or rental agreement, or other form of 113
threat.”. 114
(b) Section 215a of the Rental Housing Act of 1985, effective September 18, 2024 (D.C. 115
Law 25-210; D.C. Official Code § 42- 3502.15a ), is repealed. 116
SUBTITLE B. RENTAL HOUSING COMMISSION APPEALS PROCEDURE S. 117
Sec. 202. Section 216 of the Rental Housing Act of 1985, effective July 17, 1985 (D.C. 118
Law 6-10; D.C. Official Code § 42- 3502.16) , is amended as follows: 119
(a) Subsection (h) is amended to read as follows: 120
“(h) Decisions of the Rent Administrator or Office of Administrative Hearings shall be 121
made on the record relating to any petition filed pursuant to this act. An appeal from any decision 122
of the Rent Administrator or Office of Administrative Hearings arising under this act may be 123
taken by an aggrieved party to the Rental Housing Commission within 30 days after the decision 124
is issued, or the Rental Housing Commission may review a decision on its own initiative. The 125
Rent Administrator or Office of Administrative Hearings shall transmit the complete, official 126
record of the proceeding, including transcripts of any hearings, to the Rental Housing 127
Commission within 30 days of receiving notice that an appeal has been filed. The Rental 128
Housing Commission may reverse, in whole or in part, any decision that it finds to be arbitrary, 129
capricious, an abuse of discretion, not in accordance with the provisions of this act, or 130
unsupported by substantial evidence on the record of the proceedings, or it may affirm, in whole 131
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or in part, the decision. The Rental Housing Commission shall issue a decision with respect to an 132
appeal within 120 days after the appeal is submitted for consideration.”. 133
(b) A new subsection (h- 1) is added to read as follows: 134
“(h-1) While a petition filed under this section is pending before the Rent Administrator 135
or the Rental Housing Commission, the Rent Administrator or Rental Housing Commission, 136
respectively, may order the petitioner and respondent to attend mediation, to be facilitated by that 137
office, for the purposes of reaching a mutually agreeable settlement and may impose sanctions 138
on any party that fails to appear at a scheduled mediation session without good cause.”. 139
SUBTITLE C. CERTIFICATE OF ASSURANCE REPEAL. 140
Sec. 203. (a) Section 221 of the Rental Housing Act of 1985, effective July 17, 1985 141
(D.C. Law 6-10; D.C. Official Code § 42- 3502.21 ), is repealed. 142
(b) The Certificate of Assurance Moratorium Emergency Amendment Act of 2024, 143
passed by the Council on November 12, 2024 (enrolled version of Bill 25- XXX), is repealed. 144
(c) The Certificate of Assurance Moratorium Temporary Amendment Act of 2024, 145
passed by the Council on 1st reading November 12, 2024 (engrossed version of Bill 25- XXX), is 146
repealed. 147
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TITLE III. ASSOCIATION MEETING FLEXIBILITY . 151
Sec. 301. Section 303 of the Condominium Act of 1976, effective March 29, 1977 (D.C. 152
Law 1-89; D.C. Official Code § 42- 1903.03), is amended as follows: 153
(a) Subsection (b) is amended by striking paragraph (4). 154
(b) A new subsection (f) is added to read as follows: 155
“(f) Notwithstanding any language contained in this act or in the condominium 156
instruments: 157
“(1) Meetings of the unit owners’ association, executive board, or committees 158
may be conducted or attended by telephone conference, video conference, or similar electronic 159
means. If a meeting is conducted by telephone conference, video conference, or similar 160
electronic means, the equipment or system used must permit any unit owner in attendance to hear 161
and be heard by, and to comprehend what is said by, all other unit owners participating in the 162
meeting. Any unit owner, board member, or committee member attending such meeting shall be 163
deemed present for quorum purposes. 164
“(2) A link or instructions on how to access an electronic meeting shall be 165
included in the notice required under subsection (a) of this section. 166
“(3) Any matters requiring a vote of the unit owners’ association at an annual or 167
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regular meeting may be set by the executive board for a vote, and a ballot may be delivered with 168
the notice required under subsection (a) of this section. The executive board may set a reasonable 169
deadline for a ballot to be returned to the association. 170
“(4) The executive board may authorize unit owners to submit votes by electronic 171
transmission up to 7 days before the scheduled date of any meeting of the unit owners, and unit 172
owners who submit votes during such period shall be deemed to be present and voting in person 173
at such meeting.”. 174
Sec. 302. Section 29- 910 of the District of Columbia Official Code is amended by 175
striking the phrase “If authorized by the articles or bylaws” and inserting the phrase “Regardless 176
of whether remote regular and special meetings of members are authorized by the articles or 177
bylaws” in its place. 178
Sec. 303. Section 29- 1005.06(c) of the District of Columbia Official Code is amended by 179
striking the phrase “Unless the organic rules otherwise provide, members” and inserting the word 180
“Members” in its place. 181
Sec. 304. Section 29- 1005.07(e) of the District of Columbia Official Code is amended by 182
striking the phrase “Unless the organic rules otherwise provide, members” and inserting the word 183
“Members” in its place. 184
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Sec. 305. Section 29- 1008.11(b) of the District of Columbia Official Code is amended by 185
striking the phrase “Unless the organic rules otherwise provide, a ” and inserting the word “A” in 186
its place. 187
TITLE IV. COMMISSION ON RE-ENTRY AND RETURNING CITIZENS 188
ESTABLISHMENT UPDATE . 189
Section 401. Section 4(b)(1) of the Office on Ex-Offender Affairs and Commission on 190
Re-entry and Ex-Offender Affairs Establishment Act of 2006, effective March 8, 2007 (D.C. 191
Law 16-243; D.C. Official Code § 24–1303(b)(1) ) is amended as follows: 192
(a) The lead-in language is amended by: 193
(1) Striking the phrase “ section 2(a)” and inserting the phrase “section 2(f)” in its 194
place. 195
(2) Striking the number “13” and inserting the number “14” in its place. 196
(b) Subparagraph (E) is amended by s triking the phrase “Director of Consumer and 197
Regulatory Affairs” and inserting the phrase “Directors of the Department of Licensing and 198
Consumer Protection and the Department of Buildings ” in its place. 199
Section 402. Section 2( f) of the Confirmation Act of 1978, effective March 3, 1979 (D.C. 200
Law 2-142; D.C. Official Code § 1–523.01( f)) is amended as follows: 201
(a) Paragraph (73) is amended by striking the word “and”. 202
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(b) Paragraph (74) is amended by striking the phrase “ (D.C. Law 24- 336; D.C. Official 203
Code § 8- 191.01(a)).” and inserting the phrase “(D.C. Law 24- 336; D.C. Official Code § 8-204
191.01(a)); and” in its place. 205
(c) A new paragraph (7 5) is added to read as follows: 206
“(75) The Commission on Re-Entry and Returning Citizens Affairs.”. 207
TITLE V. FISCAL IMPACT STATEMENT; EFFECTIVE DATE. 208
Sec. 501. Fiscal impact statement. 209
The Council adopts the fiscal impact statement in the committee report as the fiscal 210
impact statement required by section, 602(c)(3) of the District of Columbia Home Rule Act, 211
approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1- 206.02(c)(3)). 212
Sec. 502. Effective date. 213
This act shall take effect following approval by the Mayor (or in the event of veto by the 214
Mayor, action by the Council to override the veto), and a 60-day period of congressional review 215
as provided in section 602(c)(2) of the District of Columbia Home Rule Act, approved December 216
24, 1973 (87 Stat. 813; D.C. Official Code § 1- 206.02(c)(2)).217 ENGROSSED ORIGINAL
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