ENGROSSED ORIGINAL
1
A BILL 1
2
25-669 3
4
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 5
6
_______________________ 7
8
9
To enact the Uniform Unlawful Restrictions in Land Records Act; to allow homeowners to 10
remove unlawful restrictive covenants from the deeds to their homes and for 11
condominiums and other homeowner associations to remove unlawful restrictive 12
covenants from their governing documents; to permit the homeowner or association to fill 13
out an amendment form, a sample of which is provided in the Act, and record the 14
amendment to their title to effectively remove the unlawful restriction; amend the Zoning 15
Act to declare void, as contrary to public policy, covenants prohibiting apartment houses 16
or buildings with multiple dwelling units when such units would otherwise be permitted 17
under zoning. 18
19
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 20
act may be cited as the “Unlawful Restrictions in Land Records Act of 2024”. 21
TITLE I. UNIFORM UNLAWFUL RESTRICTIONS IN LAND RECORDS 22
Sec. 101. Short title. 23
This title may be cited as the “Uniform Unlawful Restrictions in Land Records Act of 24
2024”. 25
Sec. 102. Definitions. 26
In this act: 27
(1) “Amendment” means a document that removes an unlawful restriction. 28
(2) “District” means the District of Columbia. 29
(3) “Document” means a record recorded or eligible to be recorded in land records. 30 ENGROSSED ORIGINAL
2
(4) “Governing instrument” means a document recorded in land records that: 31
(A) Establishes a governing body responsible for management of common 32
areas or facilities used by more than one owner of a property interest affected by the document; 33
and 34
(B) Requires contribution, enforceable by a lien on a separate property 35
interest, of a share of taxes, insurance premiums, maintenance, or improvement of, or services or 36
other expenses for the common benefit of, the real property described in the document. 37
(5) “Index” means a system that enables a search for a document in land records. 38
(6) “Land records” means documents and indexes maintained by a recorder. 39
(7) “Owner” means a person that has a fee interest in real property. 40
(8) “Person” means an individual, estate, business or nonprofit entity, government 41
or governmental subdivision, agency, or instrumentality, or other legal entity. 42
(9) “Record”, used as a noun, means information: 43
(A) Inscribed on a tangible medium; or 44
(B) Stored in an electronic or other medium and retrievable in perceivable 45
form. 46
(10) “Recorder” means the District of Columbia Recorder of Deeds. 47
(11) “Remove” means eliminate any apparent or purportedly continuing effect on 48
title to real property. 49 ENGROSSED ORIGINAL
3
(12) “Unlawful restriction” means a prohibition, restriction, covenant, or condition 50
in a document that purports to interfere with or restrict the transfer, use, or occupancy of real 51
property: 52
(A) On the basis of race, color, religion, national origin, sex, familial status, 53
disability, or other personal characteristics; and 54
(B) In violation of other law of the District or federal law. 55
Sec. 103. Amendment by owner. 56
Except with respect to property to which section 104 applies, an owner of real property 57
subject to an unlawful restriction may submit to the Recorder of Deeds for recordation in the land 58
records an amendment to remove the unlawful restriction, but only as to the owner’s property. 59
Sec. 104. Amendment by association of owners. 60
(a) The governing body of an association of owners identified in a governing instrument 61
may, without a vote of the members of the association, amend the governing instrument to remove 62
an unlawful restriction. 63
(b) A member of an association of owners may request, in a record that sufficiently 64
identifies an unlawful restriction in the governing instrument, that the governing body exercise its 65
authority under subsection (a). Not later than 90 days after the governing body receives the request, 66
the governing body shall determine reasonably and in good faith whether the governing instrument 67
includes the unlawful restriction. If the governing body determines the governing instrument 68 ENGROSSED ORIGINAL
4
includes the unlawful restriction, the governing body not later than 90 days after the determination 69
shall amend the governing instrument to remove the unlawful restriction. 70
(c) Notwithstanding any provision of the governing instrument or other law of the District, 71
the governing body may execute an amendment under this section. 72
(d) An amendment under this section is effective notwithstanding any provision of the 73
governing instrument or other law of the District that requires a vote of the members of the 74
association of owners to amend the governing instrument. 75
Sec. 105. Requirements and limitations of amendment. 76
(a) An amendment under this act must identify the owner, the real property affected, and 77
the document containing the unlawful restriction. The amendment must include a conspicuous 78
statement in substantially the following form: 79
“This amendment removes from this deed or other document affecting title to real property an 80
unlawful restriction as defined under the Uniform Unlawful Restrictions in Land Records Act. 81
This amendment does not affect the validity or enforceability of a restriction that is not an unlawful 82
restriction.” 83
(b) The amendment must be executed and acknowledged in the manner required for 84
recordation of a document in the land records. The amendment must be recorded in the land records 85
of the District. 86
(c) The amendment does not affect the validity or enforceability of any restriction that is 87
not an unlawful restriction. 88 ENGROSSED ORIGINAL
5
(d) The amendment or a future conveyance of the affected real property is not a 89
republication of a restriction that otherwise would expire by passage of time under other law of 90
this state the District. 91
Sec. 106. Optional form for amendment by owner. 92
The following form may be used by an owner to make an amendment under Section 103: 93
“Amendment by Owner to Remove an Unlawful Restriction 94
“This Amendment is recorded under the Uniform Unlawful Restrictions in Land Records 95
Act of 2024 by an Owner of an interest in real property subject to an unlawful restriction as 96
defined under the Act. 97
“(1) Name of Owner: 98
“(2) Owner’s property that is subject to the unlawful restriction is described as 99
follows: 100
“Address: 101
“Legal Description: 102
“(3) This Amendment amends the following document: 103
“Title of document being amended: 104
“Recording date of document being amended: 105
“Recording information (book/page or instrument number): 106
“This Amendment removes from the document described in paragraph (3) all unlawful 107
restrictions as defined under the Act. Removal of an unlawful restriction through this 108 ENGROSSED ORIGINAL
6
Amendment does not affect the validity and enforceability of any other restriction that is not an 109
unlawful restriction as defined under the Act, at the time of filing this Amendment. This 110
Amendment is not effective if the property is subject to a governing instrument as defined under 111
the Act. 112
“Owner’s Signature 113
“Date 114
“Notary Acknowledgment 115
“Witnesses (if required)]” 116
Sec. 107. Duty and liability of Recorder. 117
(a) The Recorder shall record an amendment submitted under this act, add the 118
amendment to the index, and cross reference the amendment to the document containing the 119
unlawful restriction. 120
(b) The Recorder and the District are not liable for recording an amendment under this 121
act. 122
Sec. 108. Fees waived; no judicial approval necessary. 123
(a) The Recorder of Deeds shall waive any fees specifically directed at an owner’s 124
attempt to release an unlawful restriction from a deed or other document as described under 125
sections 103 and 104 of this subtitle. 126
(b) No judicial approval is needed to release an unlawful restriction under sections 103 127
and 104 of this subtitle. This section is not intended to alter the need for judicial approval 128 ENGROSSED ORIGINAL
7
otherwise required under law for any action except for the express release of an unlawful 129
restriction. 130
Sec. 109. Uniformity of application and construction. 131
In applying and construing this uniform act, a court shall consider the promotion of 132
uniformity of the law among jurisdictions that enact it. 133
Sec. 110. Relation to Electronic Signatures in Global and National Commerce Act. 134
This title modifies, limits, or supersedes the Electronic Signatures in Global and National 135
Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede 15 U.S.C. § 136
7001(c), or authorize electronic delivery of any of the notices described in 15 U.S.C. § 7003(b). 137
TITLE II. MULTIFAMILY RESIDENTIAL COVENANTS. 138
Sec. 201. Short title. 139
This title may be cited as the “Prohibition on Multifamily Covenants Amendment Act of 140
2024”. 141
Sec. 202. An Act Providing for the zoning of the District of Columbia and the regulation 142
of the location, height, bulk, and uses of buildings and other structures and of the uses of land in 143
the District of Columbia, and for other purposes, effective June 20, 1938 (52 Stat. 797; D.C. 144
Official Code § 6–641.01, et seq.) (“Zoning Act”), is amended by adding a new section 1a to 145
read as follows: 146
“Sec. 1a. Multifamily residential covenants void. 147 ENGROSSED ORIGINAL
8
“Any covenant or deed restriction on any property within the District of Columbia is 148
declared void and unenforceable as contrary to the public policy of the District if the covenant or 149
deed restriction: 150
“(1) Was first executed, recorded, or otherwise imposed prior to the adoption of 151
the Zoning Act; and 152
“(2) Prohibits the encumbered property from being used for apartments, 153
apartment houses, or multiple residential units that would otherwise be permissible under the 154
regulations adopted under the Zoning Act.”. 155
TITLE III. FISCAL IMPACT; EFFECTIVE DATE 156
Sec. 301. Fiscal impact statement. 157
The Council adopts the fiscal impact statement in the committee report as the fiscal 158
impact statement required by section 4a of the General Legislative Procedures Act of 1975, 159
approved October 16, 2006 (12 Stat. 2038; D.C. Official Code § 1-301.47a). Sec. 11. Effective 160
date. 161
Sec. 302. Effective date. 162
This act shall take effect following approval by the Mayor (or in the event of veto by the 163
Mayor, action by the Council to override the veto) and a 30-day period of Congressional review 164
as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 165
24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)). 166