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AN ACT
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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To amend the District of Columbia Housing Finance Agency Act to establish a permanent
Reverse Mortgage Foreclosure Prevention Program, include condominium fees and
homeowners association fees as approved uses of the financial assistance provided by the
Reverse Mortgage Foreclosure Prevention P rogram, and expand eligibility for the
Reverse Mortgage Foreclosure Prevention Program to homeowners whose spouses have
executed a reverse mortgage; to amend the Rental Housing Act of 1985 to update
procedures for voluntary agreements, remove the Mayor’s authority to issue certificates
of assurance, r eflect changes in jurisdiction over administrative hearings, increase the
time in which parties aggrieved by final decisions of the Rent Administrator or Office of
Administrative Hearings in contested cases may prepare and file an appeal to the Rental
Housing Commission, expedite the processing and improve the content of administrative
records for cases appealed to the Rental Housing Commission, provide parties before the
Rental Housing Commission sufficient time to brief arguments on appeal, provide the
Rental Housing Commission sufficient time to afford due consideration to the issues on
appeal, and provide greater opportunities for mediation and settlement of disputes for
cases on appeal in the Rental Housing Commission; to amend the Condominium Act of
1976 to authorize condominium unit owners’ associations to conduct virtual meetings
and clarify voting and quorum requirements for such meetings; to amend section 29- 910
of the District of Columbia Official Code to allow cooperatives to conduct remote
meetings; to amend sections 29- 1005.06, 29- 1005.07, and 29- 1008.11(b) of the District
of Columbia Official Code to allow limited equity cooperatives to conduct remote
meetings; to amend the Commission on Re -Entry and Returning Citizens Affairs
establishment law to ensure it contains accurate legislative references and agency names ;
and to amend the Confirmation Act of 1978 to add the Commission on Re-Entry and
Returning Citizens to the list of boards and commissions that require a 45- day Council
review prior to passive approval.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
act may be cited as the “Fairness and Stability in Housing Amendment Act of 2024”.
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TABLE OF CONTENTS
TITLE I. REVERSE MORTGAGE FORECLOSURE PREVENTION PROGRAM. ........................ 2
TITLE II. AMENDMENTS TO THE RENTAL HOUSING ACT OF 1985. ....................................... 2
SUBTITLE A. VOLUNTARY AGREEMENT PROCEDURES. ...................................................... 2
SUBTITLE B. RENTAL HOUSING COMMISSION APPEALS PROCEDURES. ........................ 3
SUBTITLE C. CERTIFICATE OF ASSURANCE REPEAL. ........................................................... 4
TITLE III. ASSOCIATION MEETING FLEXIBILITY. ...................................................................... 4
TITLE IV. COMMISSION ON RE- ENTRY AND RETURNING CITIZENS ESTABLISHMENT
UPDATE. ..................................................................................................................................................... 5
TITLE V. FISCAL IMPACT STATEMENT; EFFECTIVE DATE ..................................................... 6
TITLE I. REVERSE MORTGAGE FORECLOSURE PREVENTION PROGRAM .
Sec. 101. Section 307a of the District of Columbia Housing Finance Agency Act,
effective October 30, 2018 (D.C. Law 22-168; D.C. Official Code § 42-2703.07a), is amended as follows:
(a) Subsection (a) is amended as follows:
(1) Paragraph (1) is amended as follows:
(A) Strike the phrase “as a pilot program”.
(B) Strike the phrase “and property insurance debts” and
insert the phrase “, property insurance debts, condominium fees, and homeowner association
fees” in its place.
(2) Paragraph (3) is repealed.
(b) Subsection (d) is amended by striking the number “$25,000” and inserting the number
“$40,000” in its place.
(c) Subsection (e) is repealed.
(d) Subsection (f) is amended as follows:
(1) Paragraph (1) is amended as follows:
(A) Subparagraph (A) is amended by striking the phrase “or insurance
premiums” and inserting the phrase “, insurance premiums, condominium fees, or homeowner
association fees” in its place .
(B) Subparagraph (B) is amended by striking the phrase “and insurance
premiums” and inserting the phrase “, insurance premiums, condominium fees, and homeowner
association fees” in its place .
(2) Paragraph (3)(C) is amended by striking the word “executed” and inserting the
phrase “executed, or whose spouse has executed,” in its place.
TITLE II. AMENDMENTS TO THE RENTAL HOUSING ACT OF 1985.
SUBTITLE A. VOLUNTARY AGREEMENT PROCEDURES.
Sec. 201. (a) Section 215 of t he Rental Housing Act of 1985, effective July 17, 1985
(D.C. Law 6-10; D.C. Official Code § 42-3502.15), is amended as follows:
(1) S ubsection (a) is amended as follows: ENROLLED ORIGINAL
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(A) Strike the word “Seventy percent” and insert the phrase “Pursuant to
rules and procedures enacted under section 202(a)(1) of this act, 70%,” in its place.
(B) Paragraph (1) is amended by striking the word “rent” and inserting the
phrase “reasonable rent” in its place.”
(2) A new subsection (a-1) is added to read as follows:
“(a-1) A tenant in a unit exempt from the Rent Stabilization Program under s ection
205(a) of this act shall be permitted to comment on the provisions of a voluntary agreement and
shall have their comments included in any filing of a voluntary agreement to the Rent
Administrator.”.
(3) Subsection (b) is amended to read as follows:
“(b) A housing provider, tenant, or tenant association shall file a voluntary agreement
with the Rent Administrator. If approved by the Rent Administrator, the agreement shall be
binding on the housing provider and on all tenants, except as specified in s ection 224(i)(2). The
voluntary agreement shall include:
“(1) The signature of each tenant, including that of a tenant who opted out of the
voluntary agreement pursuant to subsection (a-1) of this section;
“(2) The number of each tenant’s rental unit;
“(3) The specific amount of increased rent each tenant will pay, if applicable;
“(4) A statement that the agreement was entered into voluntarily without any form
of coercion, as defined by subsection (e) of this section, on the part of the housing provider;
“(5) An explanation of why the housing provider did not pursue a rent adjustment
pursuant to s ections 210, 211, 212, and 214; and
“(6) Any other information the Rent Administrator require s.”.
(4) Subsection (c) is repealed.
(5) New subsection s (d) and (e) are added to read as follows:
“(d) The Rent Administrator shall determine whether a voluntary agreement complies
with filing requirements, was agreed to without coercion, and whether any proposed rent
adjustments within a voluntary agreement are reasonable.
“(e) For the purposes of this section, the term “coercion” includes the knowing
circulation of inaccurate information, frequent visits or calls over the objection of that household,
threat of retaliatory action, an act or threat not otherwise permitted by law which seeks to recover
possession of a rental unit, increase rent, decrease services, increase the obligation of a tenant or
cause undue or unavoidable inconvenience, harass or violate the privacy of the household,
refusal to honor a lease provision, refusal to renew a lease or rental agreement, or other form of
threat.”.
(b) Section 215a of the Rental Housing Act of 1985, effective March 16, 2021 (D.C. Law
23-246; D.C. Official Code § 42- 3502.15a ), is repealed.
SUBTITLE B. RENTAL HOUSING COMMISSION APPEALS PROCEDURE S.
Sec. 202. Section 216 of the Rental Housing Act of 1985, effective July 17, 1985 (D.C.
Law 6-10; D.C. Official Code § 42- 3502.16) , is amended as follows: ENROLLED ORIGINAL
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(a) Subsection (h) is amended to read as follows:
“(h) Decisions of the Rent Administrator or Office of Administrative Hearings shall be
made on the record relating to any petition filed pursuant to this act. An appeal from any decision
of the Rent Administrator or Office of Administrative Hearings arising under this act may be
taken by an aggrieved party to the Rental Housing Commission within 30 days after the decision
is issued, or the Rental Housing Commission may review a decision on its own initiative. The
Rent Administrator or Office of Administrative Hearings shall transmit the complete, official
record of the proceeding, including transcripts of any hearings, to the Rental Housing
Commission within 30 days of receiving notice that an appeal has been filed. The Rental
Housing Commission may reverse, in whole or in part, any decision that it finds to be arbitrary,
capricious, an abuse of discretion, not in accordance with the provisions of this act, or
unsupported by substantial evidence on the record of the proceedings, or it may affirm, in whole
or in part, the decision. The Rental Housing Commission shall issue a decision with respect to an
appeal within 120 days after the appeal is submitted for consideration.”.
(b) A new subsection (h- 1) is added to read as follows:
“(h-1) While a petition filed under this section is pending before the Rent Administrator
or the Rental Housing Commission, the Rent Administrator or Rental Housing Commission,
respectively, may order the petitioner and respondent to attend mediation, to be facilitated by that
office, for the purposes of reaching a mutually agreeable settlement and may impose sanctions
on any party that fails to appear at a scheduled mediation session without good cause.”.
SUBTITLE C. CERTIFICATE OF ASSURANCE REPEAL.
Sec. 203. (a) Section 221 of the Rental Housing Act of 1985, effective July 17, 1985
(D.C. Law 6-10; D.C. Official Code § 42- 3502.21 ), is repealed.
(b) The Certificate of Assurance Moratorium Emergency Amendment Act of 2024,
effective November 22, 2024 (D.C. Act 25- 633; 71 DCR 14464), is repealed.
(c) The Certificate of Assurance Moratorium Temporary Amendment Act of 2024,
enacted December 19, 2024 ( D.C. Act 25- 663; 71 DCR ___), is repealed.
TITLE III. ASSOCIATION MEETING FLEXIBILITY .
Sec. 301. Section 303 of the Condominium Act of 1976, effective March 29, 1977 (D.C.
Law 1-89; D.C. Official Code § 42- 1903.03), is amended as follows:
(a) Subsection (b) is amended by striking paragraph (4).
(b) A new subsection (f) is added to read as follows:
“(f) Notwithstanding any language contained in this act or in the condominium
instruments:
“(1) Meetings of the unit owners’ association, executive board, or committees
may be conducted or attended by telephone conference, video conference, or similar electronic
means. If a meeting is conducted by telephone conference, video conference, or similar
electronic means, the equipment or system used must permit any unit owner in attendance to hear ENROLLED ORIGINAL
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and be heard by, and to comprehend what is said by, all other unit owners participating in the
meeting. Any unit owner, board member, or committee member attending such meeting shall be
deemed present for quorum purposes.
“(2) A link or instructions on how to access an electronic meeting shall be
included in the notice required under subsection (a) of this section.
“(3) Any matters requiring a vote of the unit owners’ association at an annual or
regular meeting may be set by the executive board for a vote, and a ballot may be delivered with
the notice required under subsection (a) of this section. The executive board may set a reasonable
deadline for a ballot to be returned to the association.
“(4) The executive board may authorize unit owners to submit votes by electronic
transmission up to 7 days before the scheduled date of any meeting of the unit owners, and unit
owners who submit votes during such period shall be deemed to be present and voting in person
at such meeting.”.
Sec. 302. Section 29- 910 of the District of Columbia Official Code is amended by
striking the phrase “If authorized by the articles or bylaws” and inserting the phrase “Regardless
of whether remote regular and special meetings of members are authorized by the articles or
bylaws” in its place.
Sec. 303. Section 29- 1005.06(c) of the District of Columbia Official Code is amended by
striking the phrase “Unless the organic rules otherwise provide, members” and inserting the word
“Members” in its place.
Sec. 304. Section 29- 1005.07(e) of the District of Columbia Official Code is amended by
striking the phrase “Unless the organic rules otherwise provide, members” and inserting the word
“Members” in its place.
Sec. 305. Section 29- 1008.11(b) of the District of Columbia Official Code is amended by
striking the phrase “Unless the organic rules otherwise provide, a ” and inserting the word “A” in
its place.
TITLE IV. COMMISSION ON RE-ENTRY AND RETURNING CITIZENS
ESTABLISHMENT UPDATE .
Section 401. Section 4(b)(1) of the Office on Ex-Offender Affairs and Commission on
Re-entry and Ex-Offender Affairs Establishment Act of 2006, effective March 8, 2007 (D.C.
Law 16-243; D.C. Official Code § 24–1303(b)(1) ) is amended as follows:
(a) The lead-in language is amended by:
(1) Striking the phrase “ section 2(a)” and inserting the phrase “section 2(f)” in its
place.
(2) Striking the number “13” and inserting the number “14” in its place. ENROLLED ORIGINAL
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(b) Subparagraph (E) is amended by s triking the phrase “Director of Consumer and
Regulatory Affairs” and inserting the phrase “Directors of the Department of Licensing and
Consumer Protection and the Department of Buildings ” in its place.
Section 402. Section 2( f) of the Confirmation Act of 1978, effective March 3, 1979 (D.C.
Law 2-142; D.C. Official Code § 1–523.01( f)) is amended as follows:
(a) Paragraph (73) is amended by striking the word “and”.
(b) Paragraph (74) is amended by striking the phrase “ (D.C. Law 24- 336; D.C. Official
Code § 8- 191.01(a)).” and inserting the phrase “(D.C. Law 24- 336; D.C. Official Code § 8-
191.01(a)); and” in its place.
(c) A new paragraph (7 5) is added to read as follows:
“(75) The Commission on Re-Entry and Returning Citizens Affairs.”.
TITLE V. FISCAL IMPACT STATEMENT; EFFECTIVE DATE.
Sec. 501. Fiscal impact statement.
The Council adopts the fiscal impact statement in the committee report as the fiscal
impact statement required by section, 602(c)(3) of the District of Columbia Home Rule Act,
approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1- 206.02(c)(3)).
Sec. 502. Effective date.
This act shall take effect following approval by the Mayor (or in the event of veto by the
Mayor, action by the Council to override the veto) and a 60-day period of congressional review
as provided in section 602(c)(2) of the District of Columbia Home Rule Act, approved December
24, 1973 (87 Stat. 813; D.C. Official Code § 1- 206.02(c)(2)).
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Chairman
Council of the District of Columbia
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Mayor
District of Columbia