District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0669 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~ENROLLED~~ ORIGINAL
	1	+	ENGROSSED ORIGINAL
2	2
3	3
4	4
5	5		1
6	6
7		-	AN ACT
8		-
9		-	_________________
10		-
11		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
12		-
13		-	_______________________
14		-
15		-
16		-	To enact the Uniform Unlawful Restrictions in Land Records Act to allow homeowners to
17		-	remove unlawful restrictive covenants from the deeds to their homes and condominiums
18		-	and other homeowner associations to remove unlawful restrictive covenants from their
19		-	governing documents, and to permit the homeowner or association to fill out an
20		-	amendment form and record the amendment to their title to effectively remove the
21		-	unlawful restriction; and to amend An Act Providing for the zoning of the District of
22		-	Columbia and the regulation of the location, height, bulk, and uses of buildings and other
23		-	structures and of the uses of land in the District of Columbia, and for other purposes to
24		-	declare void, as contrary to public policy, covenants prohibiting apartment houses or
25		-	buildings with multiple dwelling units when such units otherwise would be permitted
26		-	under zoning.
27		-
28		-	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
29		-	act may be cited as the “Unlawful Restrictions in Land Records Act of 2024”.
30		-
31		-	TITLE I. UNIFORM UNLAWFUL RESTRICTIONS IN LAND RECORDS
32		-	Sec. 101. Short title.
33		-	This title may be cited as the “Uniform Unlawful Restrictions in Land Records
34		-	Amendment Act of 2024”.
35		-
36		-	Sec. 102. Definitions.
37		-	In this act:
38		-	(1) “Amendment” means a document that removes an unlawful restriction.
39		-	(2) “Document” means a record recorded or eligible to be recorded in land
40		-	records.
41		-	(3) “Governing instrument” means a document recorded in land records that:
42		-	(A) Establishes a governing body responsible for management of common
43		-	areas or facilities used by more than one owner of a property interest affected by the document;
44		-	and ENROLLED ORIGINAL
	7	+	A BILL 1
	8	+	2
	9	+	25-669 3
	10	+	4
	11	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 5
	12	+	6
	13	+	_______________________ 7
	14	+	8
	15	+	9
	16	+	To enact the Uniform Unlawful Restrictions in Land Records Act; to allow homeowners to 10
	17	+	remove unlawful restrictive covenants from the deeds to their homes and for 11
	18	+	condominiums and other homeowner associations to remove unlawful restrictive 12
	19	+	covenants from their governing documents; to permit the homeowner or association to fill 13
	20	+	out an amendment form, a sample of which is provided in the Act, and record the 14
	21	+	amendment to their title to effectively remove the unlawful restriction; amend the Zoning 15
	22	+	Act to declare void, as contrary to public policy, covenants prohibiting apartment houses 16
	23	+	or buildings with multiple dwelling units when such units would otherwise be permitted 17
	24	+	under zoning. 18
	25	+	19
	26	+	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 20
	27	+	act may be cited as the “Unlawful Restrictions in Land Records Act of 2024”. 21
	28	+	TITLE I. UNIFORM UNLAWFUL RESTRICTIONS IN LAND RECORDS 22
	29	+	Sec. 101. Short title. 23
	30	+	This title may be cited as the “Uniform Unlawful Restrictions in Land Records Act of 24
	31	+	2024”. 25
	32	+	Sec. 102. Definitions. 26
	33	+	In this act: 27
	34	+	(1) “Amendment” means a document that removes an unlawful restriction. 28
	35	+	(2) “District” means the District of Columbia. 29
	36	+	(3) “Document” means a record recorded or eligible to be recorded in land records. 30 ENGROSSED ORIGINAL
45	37
46	38
47	39
48	40		2
49	41
50		-	(B) Requires contribution, enforceable by a lien on a separate property
51		-	interest, of a share of taxes, insurance premiums, maintenance, or improvement of, or services or
52		-	other expenses for the common benefit of, the real property described in the document.
53		-	(4) “Index” means a system that enables a search for a document in land records.
54		-	(5) “Land records” means documents and indexes maintained by a recorder.
55		-	(6) “Owner” means a person that has a fee interest in real property.
56		-	(7) “Person” means an individual, estate, business or nonprofit entity, government
57		-	or governmental subdivision, agency, or instrumentality, or other legal entity.
58		-	(8) “Record” when used as a noun, means information:
59		-	(A) Inscribed on a tangible medium; or
60		-	(B) Stored in an electronic or other medium and retrievable in perceivable
61		-	form.
62		-	(9) “Recorder” means the District of Columbia Recorder of Deeds.
63		-	(10) “Remove” means eliminate any apparent or purportedly continuing effect on
64		-	title to real property.
65		-	(11) “Unlawful restriction” means a prohibition, restriction, covenant, or
66		-	condition in a document that purports to interfere with or restrict the transfer, use, or occupancy
67		-	of real property:
68		-	(A) On the basis of race, color, religion, national origin, sex, familial
69		-	status, disability, or other personal characteristics; and
70		-	(B) In violation of other law of the District or federal law.
71		-
72		-	Sec. 103. Amendment by owner.
73		-	Except with respect to property to which section 104 applies, an owner of real property
74		-	subject to an unlawful restriction may submit to the Recorder of Deeds for recordation in the
75		-	land records an amendment to remove the unlawful restriction, but only as to the owner’s
76		-	property.
77		-
78		-	Sec. 104. Amendment by association of owners.
79		-	(a) The governing body of an association of owners identified in a governing instrument
80		-	may, without a vote of the members of the association, amend the governing instrument to
81		-	remove an unlawful restriction.
82		-	(b) A member of an association of owners may request, in a record that sufficiently
83		-	identifies an unlawful restriction in the governing instrument, that the governing body exercise
84		-	its authority under subsection (a) of this section. Not later than 90 days after the governing body
85		-	receives the request, the governing body shall determine reasonably and in good faith whether
86		-	the governing instrument includes the unlawful restriction. If the governing body determines the
87		-	governing instrument includes the unlawful restriction, the governing body not later than 90 days
88		-	after the determination shall amend the governing instrument to remove the unlawful restriction. ENROLLED ORIGINAL
	42	+	(4) “Governing instrument” means a document recorded in land records that: 31
	43	+	(A) Establishes a governing body responsible for management of common 32
	44	+	areas or facilities used by more than one owner of a property interest affected by the document; 33
	45	+	and 34
	46	+	(B) Requires contribution, enforceable by a lien on a separate property 35
	47	+	interest, of a share of taxes, insurance premiums, maintenance, or improvement of, or services or 36
	48	+	other expenses for the common benefit of, the real property described in the document. 37
	49	+	(5) “Index” means a system that enables a search for a document in land records. 38
	50	+	(6) “Land records” means documents and indexes maintained by a recorder. 39
	51	+	(7) “Owner” means a person that has a fee interest in real property. 40
	52	+	(8) “Person” means an individual, estate, business or nonprofit entity, government 41
	53	+	or governmental subdivision, agency, or instrumentality, or other legal entity. 42
	54	+	(9) “Record”, used as a noun, means information: 43
	55	+	(A) Inscribed on a tangible medium; or 44
	56	+	(B) Stored in an electronic or other medium and retrievable in perceivable 45
	57	+	form. 46
	58	+	(10) “Recorder” means the District of Columbia Recorder of Deeds. 47
	59	+	(11) “Remove” means eliminate any apparent or purportedly continuing effect on 48
	60	+	title to real property. 49 ENGROSSED ORIGINAL
89	61
90	62
91	63
92	64		3
93	65
94		-	(c) Notwithstanding any provision of the governing instrument or other law of the
95		-	District, the governing body may execute an amendment under this section.
96		-	(d) Notwithstanding any provision of the governing instrument or other law of the
97		-	District that requires a vote of the members of the association of owners to amend the governing
98		-	instrument, an amendment executed under this section shall be effective.
99		-
100		-	Sec. 105. Requirements and limitations of amendment.
101		-	(a) An amendment under this act must identify the owner, the real property affected, and
102		-	the document containing the unlawful restriction. The amendment must include a conspicuous
103		-	statement in substantially the following form:
104		-	“This amendment removes from this deed or other document affecting title to real property an
105		-	unlawful restriction as defined under the Uniform Unlawful Restrictions in Land Records
106		-	Amendment Act of 2024. This amendment does not affect the validity or enforceability of a
107		-	restriction that is not an unlawful restriction.”.
108		-	(b) The amendment must be executed and acknowledged in the manner required for
109		-	recordation of a document in the land records. The amendment must be recorded in the land
110		-	records of the District.
111		-	(c) The amendment does not affect the validity or enforceability of any restriction that is
112		-	not an unlawful restriction.
113		-	(d) The amendment or a future conveyance of the affected real property is not a
114		-	republication of a restriction that otherwise would expire by passage of time under other law of
115		-	the District.
116		-
117		-	Sec. 106. Optional form for amendment by owner.
118		-	The following form may be used by an owner to make an amendment under section 103:
119		-	“Amendment by Owner to Remove an Unlawful Restriction
120		-	“This amendment is recorded under the Uniform Unlawful Restrictions in Land Records
121		-	Amendment Act of 2024 (“Act”) by an owner of an interest in real property subject to an
122		-	unlawful restriction as defined under the Act.
123		-	“(1) Name of owner:
124		-	“(2) The owner’s property that is subject to the unlawful restriction is described as
125		-	follows:
126		-	“Address:
127		-	“Legal Description:
128		-	“(3) This amendment amends the following document:
129		-	“Title of document being amended:
130		-	“Recording date of document being amended:
131		-	“Recording information (book/page or instrument number):
132		-	“This amendment removes from the document described in paragraph (3) all unlawful
133		-	restrictions as defined under the Act. Removal of an unlawful restriction through this ENROLLED ORIGINAL
	66	+	(12) “Unlawful restriction” means a prohibition, restriction, covenant, or condition 50
	67	+	in a document that purports to interfere with or restrict the transfer, use, or occupancy of real 51
	68	+	property: 52
	69	+	(A) On the basis of race, color, religion, national origin, sex, familial status, 53
	70	+	disability, or other personal characteristics; and 54
	71	+	(B) In violation of other law of the District or federal law. 55
	72	+	Sec. 103. Amendment by owner. 56
	73	+	Except with respect to property to which section 104 applies, an owner of real property 57
	74	+	subject to an unlawful restriction may submit to the Recorder of Deeds for recordation in the land 58
	75	+	records an amendment to remove the unlawful restriction, but only as to the owner’s property. 59
	76	+	Sec. 104. Amendment by association of owners. 60
	77	+	(a) The governing body of an association of owners identified in a governing instrument 61
	78	+	may, without a vote of the members of the association, amend the governing instrument to remove 62
	79	+	an unlawful restriction. 63
	80	+	(b) A member of an association of owners may request, in a record that sufficiently 64
	81	+	identifies an unlawful restriction in the governing instrument, that the governing body exercise its 65
	82	+	authority under subsection (a). Not later than 90 days after the governing body receives the request, 66
	83	+	the governing body shall determine reasonably and in good faith whether the governing instrument 67
	84	+	includes the unlawful restriction. If the governing body determines the governing instrument 68 ENGROSSED ORIGINAL
134	85
135	86
136	87
137	88		4
138	89
139		-	amendment does not affect the validity and enforceability of any other restriction that is not an
140		-	unlawful restriction as defined under the Act, at the time of filing this amendment. This
141		-	amendment is not effective if the property is subject to a governing instrument as defined under
142		-	the Act.
143		-	“Owner’s signature
144		-	“Date
145		-	“Notary acknowledgment
146		-	“Witnesses (if required)”.
147		-
148		-	Sec. 107. Duty and liability of Recorder.
149		-	(a) The Recorder shall record an amendment submitted under this act, add the
150		-	amendment to the index, and cross reference the amendment to the document containing the
151		-	unlawful restriction.
152		-	(b) The Recorder and the District are not liable for recording an amendment under this
153		-	act.
154		-
155		-	Sec. 108. Fees waived; no judicial approval necessary.
156		-	(a) The Recorder shall waive any fees specifically directed at an owner’s attempt to
157		-	release an unlawful restriction from a deed or other document as described under sections 103
158		-	and 104.
159		-	(b) No judicial approval is needed to release an unlawful restriction under sections 103
160		-	and 104. This section is not intended to alter the need for judicial approval otherwise required
161		-	under law for any action except for the express release of an unlawful restriction.
162		-
163		-	Sec. 109. Uniformity of application and construction.
164		-	In applying and construing this uniform act, a court shall consider the promotion of the
165		-	uniformity of the law among jurisdictions that enact it.
166		-
167		-	Sec. 110. Relation to Electronic Signatures in Global and National Commerce Act.
168		-	This title modifies, limits, or supersedes the Electronic Signatures in Global and National
169		-	Commerce Act, approved June 30, 2000 (114 Stat. 464; 15 U.S.C. § 7001 et seq.) (“Act”), but
170		-	does not modify, limit, or supersede section 101(c) of the Act (15 U.S.C. § 7001(c)), or authorize
171		-	electronic delivery of any of the notices described in section 103(b) of the Act (15 U.S.C. §
172		-	7003(b)).
173		-
174		-	TITLE II. MULTIFAMILY RESIDENTIAL COVENANTS.
175		-	Sec. 201. An Act Providing for the zoning of the District of Columbia and the regulation
176		-	of the location, height, bulk, and uses of buildings and other structures and of the uses of land in
177		-	the District of Columbia, and for other purposes, approved June 20, 1938 (52 Stat. 797; D.C.
178		-	Official Code § 6–641.01, et seq.), is amended as follows: ENROLLED ORIGINAL
	90	+	includes the unlawful restriction, the governing body not later than 90 days after the determination 69
	91	+	shall amend the governing instrument to remove the unlawful restriction. 70
	92	+	(c) Notwithstanding any provision of the governing instrument or other law of the District, 71
	93	+	the governing body may execute an amendment under this section. 72
	94	+	(d) An amendment under this section is effective notwithstanding any provision of the 73
	95	+	governing instrument or other law of the District that requires a vote of the members of the 74
	96	+	association of owners to amend the governing instrument. 75
	97	+	Sec. 105. Requirements and limitations of amendment. 76
	98	+	(a) An amendment under this act must identify the owner, the real property affected, and 77
	99	+	the document containing the unlawful restriction. The amendment must include a conspicuous 78
	100	+	statement in substantially the following form: 79
	101	+	“This amendment removes from this deed or other document affecting title to real property an 80
	102	+	unlawful restriction as defined under the Uniform Unlawful Restrictions in Land Records Act. 81
	103	+	This amendment does not affect the validity or enforceability of a restriction that is not an unlawful 82
	104	+	restriction.” 83
	105	+	(b) The amendment must be executed and acknowledged in the manner required for 84
	106	+	recordation of a document in the land records. The amendment must be recorded in the land records 85
	107	+	of the District. 86
	108	+	(c) The amendment does not affect the validity or enforceability of any restriction that is 87
	109	+	not an unlawful restriction. 88 ENGROSSED ORIGINAL
179	110
180	111
181	112
182	113		5
183	114
184		-	(a) A new section 1a is added to read as follows:
185		-	“Sec. 1a. Multifamily residential covenants void.
186		-	“Any covenant or deed restriction on any property within the District of Columbia is
187		-	declared void and unenforceable as contrary to the public policy of the District if the covenant or
188		-	deed restriction:
189		-	“(1) Was first executed, recorded, or otherwise imposed prior to the adoption of
190		-	the Zoning Act; and
191		-	“(2) Prohibits the encumbered property from being used for apartments,
192		-	apartment houses, or multiple residential units that would otherwise be permissible under the
193		-	regulations adopted under the Zoning Act.”.
194		-	(b) Section 13 (D.C. Official Code § 6-641.12) is amended by striking the phrase
195		-	“include the Zoning Commission” and inserting the phrase “include the Zoning Commission.
196		-	The term “Zoning Act” means An Act Providing for the zoning of the District of Columbia and
197		-	the regulation of the location, height, bulk, and uses of buildings and other structures and of the
198		-	uses of land in the District of Columbia, and for other purposes, approved June 20, 1938 (52 Stat.
199		-	797; D.C. Official Code § 6-641.01 et seq.).” in its place.
200		-
201		-	TITLE III. FISCAL IMPACT; EFFECTIVE DATE
202		-	Sec. 301. Fiscal impact statement.
203		-	The Council adopts the fiscal impact statement in the committee report as the fiscal
204		-	impact statement required by section 4a of the General Legislative Procedures Act of 1975,
205		-	approved October 16, 2006 (12 Stat. 2038; D.C. Official Code § 1-301.47a).
206		-
207		-	Sec. 302. Effective date.
208		-	This act shall take effect following approval by the Mayor (or in the event of veto by the
209		-	Mayor, action by the Council to override the veto) and a 30-day period of congressional review
210		-	as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December
211		-	24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)).
	115	+	(d) The amendment or a future conveyance of the affected real property is not a 89
	116	+	republication of a restriction that otherwise would expire by passage of time under other law of 90
	117	+	this state the District. 91
	118	+	Sec. 106. Optional form for amendment by owner. 92
	119	+	The following form may be used by an owner to make an amendment under Section 103: 93
	120	+	“Amendment by Owner to Remove an Unlawful Restriction 94
	121	+	“This Amendment is recorded under the Uniform Unlawful Restrictions in Land Records 95
	122	+	Act of 2024 by an Owner of an interest in real property subject to an unlawful restriction as 96
	123	+	defined under the Act. 97
	124	+	“(1) Name of Owner: 98
	125	+	“(2) Owner’s property that is subject to the unlawful restriction is described as 99
	126	+	follows: 100
	127	+	“Address: 101
	128	+	“Legal Description: 102
	129	+	“(3) This Amendment amends the following document: 103
	130	+	“Title of document being amended: 104
	131	+	“Recording date of document being amended: 105
	132	+	“Recording information (book/page or instrument number): 106
	133	+	“This Amendment removes from the document described in paragraph (3) all unlawful 107
	134	+	restrictions as defined under the Act. Removal of an unlawful restriction through this 108 ENGROSSED ORIGINAL
212	135
213	136
214	137
215		-	______________________________
216		-	Chairman
217		-	Council of the District of Columbia
	138	+	6
	139	+
	140	+	Amendment does not affect the validity and enforceability of any other restriction that is not an 109
	141	+	unlawful restriction as defined under the Act, at the time of filing this Amendment. This 110
	142	+	Amendment is not effective if the property is subject to a governing instrument as defined under 111
	143	+	the Act. 112
	144	+	“Owner’s Signature 113
	145	+	“Date 114
	146	+	“Notary Acknowledgment 115
	147	+	“Witnesses (if required)]” 116
	148	+	Sec. 107. Duty and liability of Recorder. 117
	149	+	(a) The Recorder shall record an amendment submitted under this act, add the 118
	150	+	amendment to the index, and cross reference the amendment to the document containing the 119
	151	+	unlawful restriction. 120
	152	+	(b) The Recorder and the District are not liable for recording an amendment under this 121
	153	+	act. 122
	154	+	Sec. 108. Fees waived; no judicial approval necessary. 123
	155	+	(a) The Recorder of Deeds shall waive any fees specifically directed at an owner’s 124
	156	+	attempt to release an unlawful restriction from a deed or other document as described under 125
	157	+	sections 103 and 104 of this subtitle. 126
	158	+	(b) No judicial approval is needed to release an unlawful restriction under sections 103 127
	159	+	and 104 of this subtitle. This section is not intended to alter the need for judicial approval 128 ENGROSSED ORIGINAL
218	160
219	161
220	162
221		-	_________________________________
222		-	Mayor
223		-	District of Columbia
	163	+	7
	164	+
	165	+	otherwise required under law for any action except for the express release of an unlawful 129
	166	+	restriction. 130
	167	+	Sec. 109. Uniformity of application and construction. 131
	168	+	In applying and construing this uniform act, a court shall consider the promotion of 132
	169	+	uniformity of the law among jurisdictions that enact it. 133
	170	+	Sec. 110. Relation to Electronic Signatures in Global and National Commerce Act. 134
	171	+	This title modifies, limits, or supersedes the Electronic Signatures in Global and National 135
	172	+	Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede 15 U.S.C. § 136
	173	+	7001(c), or authorize electronic delivery of any of the notices described in 15 U.S.C. § 7003(b). 137
	174	+	TITLE II. MULTIFAMILY RESIDENTIAL COVENANTS. 138
	175	+	Sec. 201. Short title. 139
	176	+	This title may be cited as the “Prohibition on Multifamily Covenants Amendment Act of 140
	177	+	2024”. 141
	178	+	Sec. 202. An Act Providing for the zoning of the District of Columbia and the regulation 142
	179	+	of the location, height, bulk, and uses of buildings and other structures and of the uses of land in 143
	180	+	the District of Columbia, and for other purposes, effective June 20, 1938 (52 Stat. 797; D.C. 144
	181	+	Official Code § 6–641.01, et seq.) (“Zoning Act”), is amended by adding a new section 1a to 145
	182	+	read as follows: 146
	183	+	“Sec. 1a. Multifamily residential covenants void. 147 ENGROSSED ORIGINAL
	184	+
	185	+
	186	+
	187	+	8
	188	+
	189	+	“Any covenant or deed restriction on any property within the District of Columbia is 148
	190	+	declared void and unenforceable as contrary to the public policy of the District if the covenant or 149
	191	+	deed restriction: 150
	192	+	“(1) Was first executed, recorded, or otherwise imposed prior to the adoption of 151
	193	+	the Zoning Act; and 152
	194	+	“(2) Prohibits the encumbered property from being used for apartments, 153
	195	+	apartment houses, or multiple residential units that would otherwise be permissible under the 154
	196	+	regulations adopted under the Zoning Act.”. 155
	197	+	TITLE III. FISCAL IMPACT; EFFECTIVE DATE 156
	198	+	Sec. 301. Fiscal impact statement. 157
	199	+	The Council adopts the fiscal impact statement in the committee report as the fiscal 158
	200	+	impact statement required by section 4a of the General Legislative Procedures Act of 1975, 159
	201	+	approved October 16, 2006 (12 Stat. 2038; D.C. Official Code § 1-301.47a). Sec. 11. Effective 160
	202	+	date. 161
	203	+	Sec. 302. Effective date. 162
	204	+	This act shall take effect following approval by the Mayor (or in the event of veto by the 163
	205	+	Mayor, action by the Council to override the veto) and a 30-day period of Congressional review 164
	206	+	as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 165
	207	+	24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)). 166