District Of Columbia 2023 2023-2024 Regular Session

District Of Columbia Council Bill B25-0773 Enrolled / Bill

Filed 04/02/2024

                      	ENROLLED ORIGINAL 
 
 
 
 
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AN ACT 
 
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 
 
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To authorize, on an emergency basis, the Department of Housing and Community Development 
to make a grant to the Neighborhood Assistance Corporation of America, to implement 
measures to provide financial relief and other assistance to the current owners of 
condominium units at the River East at Grandview Condominiums (“Property”), 
including the authority to forgive loans originating from the Housing Production Trust 
Fund and the Home Purchase Assistance Program associated with the purchase of 
condominium units at the Property and to provide the condominium unit owners with 
assistance to secure permanent housing solutions; and to amend The Skyland Town 
Center Omnibus Act of 2014 to permit the Deputy Mayor for Planning and Economic 
Development to issue a grant up to $15 million, and to approve the Mayor’s 
reprogramming request to transfer $15 million from the Benning Road Transfer Station 
Modernization project in the Department of Public Works capital budget to the operating 
budget of the Office of the Deputy Mayor for Planning and Economic Development for 
the purpose of funding a grant to Skyland Holdings, LLC. 
 
 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 
act may be cited as the “Relief for River East at Grandview Condominium Owners Emergency 
Act of 2024”.  
 
 TITLE I. Relief for River East at Grandview Condominium Owners. 
 Sec. 101. Definitions. 
For the purposes of this act, the term:  
(1) “CA” means the River East at Grandview Condominium Association.  
(2) “DHCD” means the District of Columbia Department of Housing and 
Community Development. 
 (3) “HPAP” means Home Purchase Assistance Program. 
(4) “IZ” means inclusionary zoning. 
(5) “NACA” means The Neighborhood Assistance Corporation of America. 
(6) “OTR” means Office of Tax and Revenue.     	ENROLLED ORIGINAL 
 
 
 
 
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(g) "Property” means the River East at Grandview Condominiums located at 1262 
Talbert Street, S.E., Washington, DC, 20020, known for tax and assessment purposes as Lots 
2047 through 2092 in Square 5807, which may also be known as River East at Grandview, 
Grandview Estate, Grandview Estates, Grandview Estates II, Gardenview, River East, RiverEast, 
River East at Anacostia, River East at Anacostia Metro Station, River East at Grandview, and 
Talbert Street. 
(h) “Property Owner” means an individual who owns one of the 46 condominium units at 
the Property. 
 
 Sec. 102. DHCD grant authority.  
(a) Notwithstanding the Grant Administration Act of 2013, effective December 23, 2013 
(D.C. Law 20-61; D.C. Official Code § 1-328.11 et seq.) or its implementing rules under 1 
DMCR § 5000 et. seq., DHCD is authorized to enter into a grant agreement with NACA to 
provide financial relief for Property Owners seeking to obtain permanent housing. 
(b) The grant agreement may include that NACA: 
 (1) Provide housing counseling services to Property Owners, including assessing 
Property Owners’ permanent housing options and working with Property Owners to meet 
NACA’s mortgage eligibility criteria; 
 (2) Provide recommendations to the Mayor about the financial need for gap 
financing based on the assessments of the Property Owners;  
(3) Alongside the Mayor, seek relief for Property Owners’ existing mortgages on 
the Property;  
(4) Provide affordable mortgage options to eligible Property Owners;  
(5) Waive any requirements against a Property Owner having an existing 
mortgage; provided, the existing mortgage is on the Property; and 
(6) Not use credit score as the deciding factor for approving a Property Owner’s 
mortgage. 
 
Sec. 103. Additional relief. 
(a) Notwithstanding the District of Columbia Sales Tax Act effective March 2, 1962 
(87 P.L. 408, 76 Stat. 10, D.C. Official Code § 47-1001 et seq.), or its implementing rules under 
9 DCMR § 500 et. seq., OTR shall: 
(1) Not assess or charge any taxes related to a Property Owner’s first purchase of 
real property following a Property Owner’s purchase of the Property, including transfer taxes and 
deed recordation taxes, so long as the purchase is made by December 31, 2028; and 
(2) Forgive all real property taxes, interest, penalties, fees, and other related 
charges assessed against the Property Owners at the Property for the tax years beginning October 
1, 2023, and ending September 30, 2025.    	ENROLLED ORIGINAL 
 
 
 
 
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(b) Notwithstanding section 3b of the Housing Production Trust Fund Act of 1988, 
effective March 10, 2015 (D.C. Law 20-190; D.C. Official Code § 42-2802.02.): 
(1) The Mayor may:  
(A) Waive the requirements of section 3b of the Housing Production Trust 
Fund Act of 1989, effective March 10, 2015 (D.C. Law 20-190; D.C. Official Code § 42-
2802.02) or its implementing rules under 10 DCMR § B4100 et. seq.; and 
(B) Forgive all outstanding debt secured by a Property Owner pursuant to 
a Housing Production Trust Fund loan that financed development costs of the Property. 
(2) Any forgiveness of debt under paragraph (1) of this subsection shall not 
include any outstanding indebtedness of River East At Anacostia, LLC, or Stanton View 
Development, LLC incurred in connection with the development of the Property. 
 (c) Notwithstanding any provisions of the Home Purchase Assistance Fund Act of 1978, 
effective September 12, 1978 (D.C. Law 2-103; D.C. Official Code § 42-2601 et seq.), or its 
implementing rules under 14 DCMR § 2500 et. Seq.:  
(1) The Mayor may forgive the balance of any HPAP loan provided to a Property 
Owner to support the purchase of a Property condominium unit;  
 (2) A Property Owner may be eligible for HPAP assistance of at least $70,000, 
subject to available funds through DHCD; and 
(3) DHCD may waive the HPAP income requirements if the Property Owner’s 
income no longer meets the affordability criteria; provided, that the Property Owner would have 
qualified for HPAP on the date that DHCD certified the Property Owner to purchase a Property 
condominium unit. 
(d) Any debt or loans forgiven pursuant to subsections (b) and (c) of this section shall not 
be considered income for tax purposes in the District. 
(e) By May 15, 2024, DHCD shall provide written notice to each Property Owner that 
includes whether the Mayor will forgive Housing Production Trust Fund loans and Home 
Purchase Assistance Program loans, and, if so, the amount of each loan that will be forgiven and 
the date by when the loan will be forgiven. 
(f)(1) Notwithstanding the Inclusionary Zoning Implementation Amendment Act of 2006, 
effective March 14, 2007 (D.C. Law 16-275; D.C. Official Code § 6-1041.01 et seq.), or its 
implementing rules under 14 DCMR § 2200 et. seq., Property Owners who meet the criteria for a 
compliant IZ unit may have access to an IZ unit set aside for non-lottery sale or rental on a first-
come, first-served basis.  
(2) Property Owners shall be exempt from attending the IZ orientation and from 
completing the 8-hour homebuyer class as part of the IZ program. 
(3) DHCD may waive the IZ income requirements if the Property Owner’s 
income no longer meets the affordability criteria; provided, the Property Owner would have 
qualified for an IZ rental or for-sale unit on the date that DHCD certified the Property Owner to 
purchase a Property condominium unit.    	ENROLLED ORIGINAL 
 
 
 
 
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(g) DHCD may update the grant agreement executed between the CA and the District, by 
and through DHCD, with an effective date of May 22, 2023, through September 30, 2023, to 
provide up to $150,000 to the CA to cover operations and expenses. 
(h) The Mayor shall create a program for providing Property Owners who choose to rent 
or who do not qualify for homeownership with a rental option. DHCD shall provide written 
notice to each Property Owner of the details of a rental option program by May 1, 2024. 
(i) The Mayor may allocate $300,000 to covered property owners for moving expenses 
and, if allocated, shall distribute the funding in equal amounts among the Property Owners. 
 
Title II. Skyland Grant. 
Sec. 201. The Skyland Town Center Omnibus Act of 2014, effective June 21, 2014 (D.C. 
Law 20-110; D.C. Official Code § 2-1217.35a et seq.), is amended as follows: 
(a) Section 203 (D.C. Official Code § 2-1217.35d) is amended by striking the phrase “not 
to exceed $40 million to fund the project” and inserting the phrase “not to exceed $25 million to 
fund the project” in its place. 
(b) A new section 203a is added to read as follows: 
“Sec. 203a. Grant authorization. 
“Notwithstanding the Grant Administration Act of 2013, effective December 24, 2013 
(D.C. Law 20-61; D.C. Official Code § 1-328.11 et seq.), the Deputy Mayor for Planning and 
Economic Development may issue a grant in an amount not to exceed $15 million to the 
Developer for the purpose of supporting the completion of the project.”. 
 
Sec. 202. Reprogramming.  
(a) Pursuant to section 47-363 of the District of Columbia Official Code, the Mayor 
transmitted to the Council a reprogramming request in the amount of $15 million to be 
transferred from the Benning Road Transfer Station Modernization project in the Department of 
Public Works capital budget to the operating budget of the Office of the Deputy Mayor for 
Planning and Economic Development for the purpose of funding a grant to Skyland Holdings, 
LLC. 
(b) The Council approves the $15 million reprogramming request. 
 
TITLE III. FISCAL IMPACT; EFFECTIVE DATE 
Sec. 301. Fiscal impact statement. 
 The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal 
impact statement required by section 4a of the General Legislative Procedures Act of 1975, 
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).   
 
 
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Sec. 302. 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 shall remain in effect for no longer than 
90 days, as provided for emergency acts of the Council of the District of Columbia in section 
412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; 
D.C. Official Code § 1-204.12(a)). 
 
 
 
 
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Chairman 
Council of the District of Columbia 
 
 
 
 
 
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Mayor 
District of Columbia