District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0773 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	ENROLLED ORIGINAL
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8		-	AN ACT
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10		-	_________________
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12		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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14		-	___________________________
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17		-	To authorize, on an emergency basis, the Department of Housing and Community Development
18		-	to make a grant to the Neighborhood Assistance Corporation of America, to implement
19		-	measures to provide financial relief and other assistance to the current owners of
20		-	condominium units at the River East at Grandview Condominiums (“Property”),
21		-	including the authority to forgive loans originating from the Housing Production Trust
22		-	Fund and the Home Purchase Assistance Program associated with the purchase of
23		-	condominium units at the Property and to provide the condominium unit owners with
24		-	assistance to secure permanent housing solutions; and to amend The Skyland Town
25		-	Center Omnibus Act of 2014 to permit the Deputy Mayor for Planning and Economic
26		-	Development to issue a grant up to $15 million, and to approve the Mayor’s
27		-	reprogramming request to transfer $15 million from the Benning Road Transfer Station
28		-	Modernization project in the Department of Public Works capital budget to the operating
29		-	budget of the Office of the Deputy Mayor for Planning and Economic Development for
30		-	the purpose of funding a grant to Skyland Holdings, LLC.
31		-
32		-	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
33		-	act may be cited as the “Relief for River East at Grandview Condominium Owners Emergency
34		-	Act of 2024”.
35		-
36		-	TITLE I. Relief for River East at Grandview Condominium Owners.
37		-	Sec. 101. Definitions.
38		-	For the purposes of this act, the term:
39		-	(1) “CA” means the River East at Grandview Condominium Association.
40		-	(2) “DHCD” means the District of Columbia Department of Housing and
41		-	Community Development.
42		-	(3) “HPAP” means Home Purchase Assistance Program.
43		-	(4) “IZ” means inclusionary zoning.
44		-	(5) “NACA” means The Neighborhood Assistance Corporation of America.
45		-	(6) “OTR” means Office of Tax and Revenue. ENROLLED ORIGINAL
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51		-
52		-	(g) "Property” means the River East at Grandview Condominiums located at 1262
53		-	Talbert Street, S.E., Washington, DC, 20020, known for tax and assessment purposes as Lots
54		-	2047 through 2092 in Square 5807, which may also be known as River East at Grandview,
55		-	Grandview Estate, Grandview Estates, Grandview Estates II, Gardenview, River East, RiverEast,
56		-	River East at Anacostia, River East at Anacostia Metro Station, River East at Grandview, and
57		-	Talbert Street.
58		-	(h) “Property Owner” means an individual who owns one of the 46 condominium units at
59		-	the Property.
60		-
61		-	Sec. 102. DHCD grant authority.
62		-	(a) Notwithstanding the Grant Administration Act of 2013, effective December 23, 2013
63		-	(D.C. Law 20-61; D.C. Official Code § 1-328.11 et seq.) or its implementing rules under 1
64		-	DMCR § 5000 et. seq., DHCD is authorized to enter into a grant agreement with NACA to
65		-	provide financial relief for Property Owners seeking to obtain permanent housing.
66		-	(b) The grant agreement may include that NACA:
67		-	(1) Provide housing counseling services to Property Owners, including assessing
68		-	Property Owners’ permanent housing options and working with Property Owners to meet
69		-	NACA’s mortgage eligibility criteria;
70		-	(2) Provide recommendations to the Mayor about the financial need for gap
71		-	financing based on the assessments of the Property Owners;
72		-	(3) Alongside the Mayor, seek relief for Property Owners’ existing mortgages on
73		-	the Property;
74		-	(4) Provide affordable mortgage options to eligible Property Owners;
75		-	(5) Waive any requirements against a Property Owner having an existing
76		-	mortgage; provided, the existing mortgage is on the Property; and
77		-	(6) Not use credit score as the deciding factor for approving a Property Owner’s
78		-	mortgage.
79		-
80		-	Sec. 103. Additional relief.
81		-	(a) Notwithstanding the District of Columbia Sales Tax Act effective March 2, 1962
82		-	(87 P.L. 408, 76 Stat. 10, D.C. Official Code § 47-1001 et seq.), or its implementing rules under
83		-	9 DCMR § 500 et. seq., OTR shall:
84		-	(1) Not assess or charge any taxes related to a Property Owner’s first purchase of
85		-	real property following a Property Owner’s purchase of the Property, including transfer taxes and
86		-	deed recordation taxes, so long as the purchase is made by December 31, 2028; and
87		-	(2) Forgive all real property taxes, interest, penalties, fees, and other related
88		-	charges assessed against the Property Owners at the Property for the tax years beginning October
89		-	1, 2023, and ending September 30, 2025. ENROLLED ORIGINAL
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	1	+	_____________________________ 1
	2	+	Councilmember Robert C. White, Jr. 2
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95		-
96		-	(b) Notwithstanding section 3b of the Housing Production Trust Fund Act of 1988,
97		-	effective March 10, 2015 (D.C. Law 20-190; D.C. Official Code § 42-2802.02.):
98		-	(1) The Mayor may:
99		-	(A) Waive the requirements of section 3b of the Housing Production Trust
100		-	Fund Act of 1989, effective March 10, 2015 (D.C. Law 20-190; D.C. Official Code § 42-
101		-	2802.02) or its implementing rules under 10 DCMR § B4100 et. seq.; and
102		-	(B) Forgive all outstanding debt secured by a Property Owner pursuant to
103		-	a Housing Production Trust Fund loan that financed development costs of the Property.
104		-	(2) Any forgiveness of debt under paragraph (1) of this subsection shall not
105		-	include any outstanding indebtedness of River East At Anacostia, LLC, or Stanton View
106		-	Development, LLC incurred in connection with the development of the Property.
107		-	(c) Notwithstanding any provisions of the Home Purchase Assistance Fund Act of 1978,
108		-	effective September 12, 1978 (D.C. Law 2-103; D.C. Official Code § 42-2601 et seq.), or its
109		-	implementing rules under 14 DCMR § 2500 et. Seq.:
110		-	(1) The Mayor may forgive the balance of any HPAP loan provided to a Property
111		-	Owner to support the purchase of a Property condominium unit;
112		-	(2) A Property Owner may be eligible for HPAP assistance of at least $70,000,
113		-	subject to available funds through DHCD; and
114		-	(3) DHCD may waive the HPAP income requirements if the Property Owner’s
115		-	income no longer meets the affordability criteria; provided, that the Property Owner would have
116		-	qualified for HPAP on the date that DHCD certified the Property Owner to purchase a Property
117		-	condominium unit.
118		-	(d) Any debt or loans forgiven pursuant to subsections (b) and (c) of this section shall not
119		-	be considered income for tax purposes in the District.
120		-	(e) By May 15, 2024, DHCD shall provide written notice to each Property Owner that
121		-	includes whether the Mayor will forgive Housing Production Trust Fund loans and Home
122		-	Purchase Assistance Program loans, and, if so, the amount of each loan that will be forgiven and
123		-	the date by when the loan will be forgiven.
124		-	(f)(1) Notwithstanding the Inclusionary Zoning Implementation Amendment Act of 2006,
125		-	effective March 14, 2007 (D.C. Law 16-275; D.C. Official Code § 6-1041.01 et seq.), or its
126		-	implementing rules under 14 DCMR § 2200 et. seq., Property Owners who meet the criteria for a
127		-	compliant IZ unit may have access to an IZ unit set aside for non-lottery sale or rental on a first-
128		-	come, first-served basis.
129		-	(2) Property Owners shall be exempt from attending the IZ orientation and from
130		-	completing the 8-hour homebuyer class as part of the IZ program.
131		-	(3) DHCD may waive the IZ income requirements if the Property Owner’s
132		-	income no longer meets the affordability criteria; provided, the Property Owner would have
133		-	qualified for an IZ rental or for-sale unit on the date that DHCD certified the Property Owner to
134		-	purchase a Property condominium unit. ENROLLED ORIGINAL
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141		-	(g) DHCD may update the grant agreement executed between the CA and the District, by
142		-	and through DHCD, with an effective date of May 22, 2023, through September 30, 2023, to
143		-	provide up to $150,000 to the CA to cover operations and expenses.
144		-	(h) The Mayor shall create a program for providing Property Owners who choose to rent
145		-	or who do not qualify for homeownership with a rental option. DHCD shall provide written
146		-	notice to each Property Owner of the details of a rental option program by May 1, 2024.
147		-	(i) The Mayor may allocate $300,000 to covered property owners for moving expenses
148		-	and, if allocated, shall distribute the funding in equal amounts among the Property Owners.
149		-
150		-	Title II. Skyland Grant.
151		-	Sec. 201. The Skyland Town Center Omnibus Act of 2014, effective June 21, 2014 (D.C.
152		-	Law 20-110; D.C. Official Code § 2-1217.35a et seq.), is amended as follows:
153		-	(a) Section 203 (D.C. Official Code § 2-1217.35d) is amended by striking the phrase “not
154		-	to exceed $40 million to fund the project” and inserting the phrase “not to exceed $25 million to
155		-	fund the project” in its place.
156		-	(b) A new section 203a is added to read as follows:
157		-	“Sec. 203a. Grant authorization.
158		-	“Notwithstanding the Grant Administration Act of 2013, effective December 24, 2013
159		-	(D.C. Law 20-61; D.C. Official Code § 1-328.11 et seq.), the Deputy Mayor for Planning and
160		-	Economic Development may issue a grant in an amount not to exceed $15 million to the
161		-	Developer for the purpose of supporting the completion of the project.”.
162		-
163		-	Sec. 202. Reprogramming.
164		-	(a) Pursuant to section 47-363 of the District of Columbia Official Code, the Mayor
165		-	transmitted to the Council a reprogramming request in the amount of $15 million to be
166		-	transferred from the Benning Road Transfer Station Modernization project in the Department of
167		-	Public Works capital budget to the operating budget of the Office of the Deputy Mayor for
168		-	Planning and Economic Development for the purpose of funding a grant to Skyland Holdings,
169		-	LLC.
170		-	(b) The Council approves the $15 million reprogramming request.
171		-
172		-	TITLE III. FISCAL IMPACT; EFFECTIVE DATE
173		-	Sec. 301. Fiscal impact statement.
174		-	The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal
175		-	impact statement required by section 4a of the General Legislative Procedures Act of 1975,
176		-	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
177		-
178		-
179		-	ENROLLED ORIGINAL
180		-
181		-
182		-
183		-
184	5		5
185		-
186		-	Sec. 302. Effective date.
187		-	This act shall take effect following approval by the Mayor (or in the event of veto by the
188		-	Mayor, action by the Council to override the veto), and shall remain in effect for no longer than
189		-	90 days, as provided for emergency acts of the Council of the District of Columbia in section
190		-	412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788;
191		-	D.C. Official Code § 1-204.12(a)).
192		-
193		-
194		-
195		-
196		-	______________________________
197		-	Chairman
198		-	Council of the District of Columbia
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200		-
201		-
202		-
203		-
204		-	_________________________________
205		-	Mayor
206		-	District of Columbia
207		-
208		-
209		-
210		-
	6	+	6
	7	+	7
	8	+	A BILL 8
	9	+	________ 9
	10	+	10
	11	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 11
	12	+	_______________ 12
	13	+	13
	14	+	14
	15	+	To authorize the Department of Housing and Community Development, on an emergency basis, 15
	16	+	to make a grant to the Neighborhood Assistance Corporation of America, to implement 16
	17	+	measures to provide financial relief and other assistance to the current owners of 17
	18	+	condominium units at the River East at Grandview Condominiums (“Property”), 18
	19	+	including the authority to forgive loans originating from the Housing Production Trust 19
	20	+	Fund and the Home Purchase Assistance Program associated with the purchase of 20
	21	+	condominium units at the Property and to provide the condominium unit owners with 21
	22	+	assistance to secure permanent housing solutions. 22
	23	+	23
	24	+	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, 24
	25	+	That this act may be cited as the “Relief for River East at Grandview Condominium Owner s 25
	26	+	Emergency Act of 2024”. 26
	27	+	Sec. 2. Definitions. 27
	28	+	For the purposes of this act, the term: 28
	29	+	(a) “CA” means the River East at Grandview Condominium Association. 29
	30	+	(b) “DHCD” means the District of Columbia Department of Housing and Community 30
	31	+	Development. 31
	32	+	(c) “HPAP” means Home Purchase Assistance Program. 32
	33	+	(d) “IZ” means inclusionary zoning. 33
	34	+	(e) “NACA” means The Neighborhood Assistance Corporation of America . 34
	35	+	(f) “OTR” means Office of Tax and Revenue. 35 (g) "Property” means the River East at Grandview Condominiums located at 1262 36
	36	+	Talbert Street, S.E., Washington, DC, 20020, known for tax and assessment purposes as Lots 37
	37	+	2047 through 2092 in Square 5807, which may also be known as River East at Grandview, 38
	38	+	Grandview Estate, Grandview Estates, Grandview Estates II, Gardenview, River East, RiverEast, 39
	39	+	River East at Anacostia, River East at Anacostia Metro Station, River East at Grandview, and 40
	40	+	Talbert Street. 41
	41	+	(h) “Property O wner” means an individual who owns one of the 46 condominium units at 42
	42	+	the Property. 43
	43	+	Sec. 3. DHCD grant authority. 44
	44	+	(a) Notwithstanding the Grant Administration Act of 2013, effective December 23, 2013 45
	45	+	(D.C. Law 20- 61; D.C. Official Code § 1- 328.11 et seq.) or its implementing rules under 1 46
	46	+	DMCR § 5000 et. seq. , DHCD is authorized to enter into a grant agreement with NACA to 47
	47	+	provide financial relief for Property Owners seeking to obtain permanent housing. 48
	48	+	(b) The grant agreement may include that NACA : 49
	49	+	(1) Provide housing counseling services to Property Owners , including assessing 50
	50	+	Property O wners’ permanent housing options and working with Property Owners to meet 51
	51	+	NACA’s mortgage eligibility criteria; 52
	52	+	(2) Provide recommendations to the Mayor about the financial need for gap 53
	53	+	financing based on the assessments of the Property Owners; 54
	54	+	(3) Alongside the Mayor, seek relief for Property Owners’ existing mortgages on 55
	55	+	the Property; 56
	56	+	(4) Provide affordable mortgage options to eligible Property Owners ; 57 (5) Waive any requirements against a Property Owner having an existing 58
	57	+	mortgage; provided, the existing mortgage is on the Property; and 59
	58	+	(6) Not use credit score as the deciding factor for approving a Property Owner’s 60
	59	+	mortgage. 61
	60	+	Sec. 4 A dditional relief. 62
	61	+	(a) Notwithstanding the District of Columbia Sales Tax Act effective March 2, 1962 63
	62	+	(87 P.L. 408, 76 Stat. 10, D.C. Official Code § 47- 1001 et seq.), or its implementing rules under 64
	63	+	9 DCMR § 500 et. s eq., OTR shall : 65
	64	+	(1) Not assess or charge any taxes related to a Property Owner’s first purchase of 66
	65	+	real property following a Property Owner’s purchase of the Property , including transfer taxes and 67
	66	+	deed recordation taxes, so long as the purchase is made by December 31, 2028; and 68
	67	+	(2) Forgive all real property taxes, interest, penalties, fees, and other related 69
	68	+	charges assessed against the Property Owners at the Property for the tax years beginning October 70
	69	+	1, 2023, and ending September 30, 2025. 71
	70	+	(b) Notwithstanding the Housing Production Trust Fund Act of 1989, effective March 10, 72
	71	+	2015 (D.C. Law 20- 190; D.C. Official Code § 42- 2802.02 et. seq. ): 73
	72	+	(1) The Mayor may: 74
	73	+	(A) Waive the requirements of section 3b of the Housing Production Trust 75
	74	+	Fund Act of 1989, effective March 10, 2015 (D.C. Law 20- 190; D.C. Official Code § 42- 2802.02 76
	75	+	or its implementing rules under 10 DCMR § B4100 et. seq. ; and 77
	76	+	(B) Forgive all outstanding debt secured by a Property Owner pursuant to 78
	77	+	a Housing Production Trust Fund loan that financed development costs of the Property . 79 (2) Any forgiveness of debt under paragraph (1) of this subsection shall not 80
	78	+	include any outstanding indebtedness of River East At Anacostia, LLC, or Stanton View 81
	79	+	Development, LLC incurred in connection with the development of the Property. 82
	80	+	(c) Notwithstanding any provisions of the Home Purchase Assistance Fund Act of 1978, 83
	81	+	effective September 12, 1978; (D.C. Law 2-103; D.C. Official Code § 45- 2601 et seq.), or its 84
	82	+	implementing rules under 14 DCMR § 2500 et. seq. : 85
	83	+	(1) The Mayor may forgive the balance of any HPAP loan provided to a Property 86
	84	+	Owner to support the purchase of a Property condominium unit; 87
	85	+	(2) A Property Owner may be eligible for HPAP assistance of at least $70,000, 88
	86	+	subject to available funds through DHCD; and 89
	87	+	(3) DHCD may waive the HPAP income requirements if the Property Owner’s 90
	88	+	income no longer meets the affordability criteria; provided, the Property Owner would have 91
	89	+	qualified for HPAP on the date that DHCD certified the Property Owner to purchase a Property 92
	90	+	condominium unit. 93
	91	+	(d) Any debt or loans forgiven pursuant to subsections (b) and (c) shall not be considered 94
	92	+	income for tax purposes in the District. 95
	93	+	(e) By May 15, 2024, DHCD shall provide written notice to each Property Owner that 96
	94	+	includes whether the Mayor will forgive Housing Production Trust Fund loans and Home 97
	95	+	Purchase Assistance Program loans, and, if so, the amount of each loan that will be forgiven and 98
	96	+	the date by when the loans will be forgiven. 99
	97	+	(f) Notwithstanding the Inclusionary Zoning Implementation Amendment Act of 2006, 100
	98	+	effective March 14, 2007 (D.C. Law 16- 275; D.C. Official Code § 6- 1041.01 et seq. ) or its 101
	99	+	implementing rules under 14 DCMR § 2200 et. seq. , Property Owners who meet the criteria for a 102 compliant IZ unit may have access to an IZ unit set aside for non-lottery sale or rental on a first-103
	100	+	come, first-served basis. 104
	101	+	(1) Property O wners are exempt from attending the IZ orientation and from 105
	102	+	completing the 8- hour homebuyer class as part of the IZ program. 106
	103	+	(2) DHCD may waive the IZ income requirements if the Property Owner’s 107
	104	+	income no longer meets the affordability criteria; provided, the Property Owner would have 108
	105	+	qualified for an IZ rental or for-sale unit on the date that DHCD certified the Property Owner to 109
	106	+	purchase a Property condominium unit. 110
	107	+	(g) DHCD may update the grant agreement executed between the CA and the District, by 111
	108	+	and through DHCD, with an effective date of May 22, 202 3, through September 30, 2023, to 112
	109	+	provide up to $150,000 to the CA to cover operations and expenses. 113
	110	+	(h) The Mayor shall create a program for providing Property Owners who choose to rent 114
	111	+	or who do not qualify for homeownership with a rental option . DHCD shall provide written 115
	112	+	notice to each Property Owner of the details of a rental option program by May 1, 2024. 116
	113	+	(i) The Mayor may allocate $300,000 to covered property owners for moving expenses 117
	114	+	and, if allocated, shall distribute the funding in equal amounts among the Property Owners. 118
	115	+	Sec. 5. Fiscal impact statement. 119
	116	+	The Council adopts the fiscal impact statement in the committee report as the fiscal 120
	117	+	impact statement required by section 4a of the General Legislative Procedures Act of 1975, 121
	118	+	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a). 122
	119	+	Sec. 6. Effective date. 123
	120	+	This act shall take effect following approval by the Mayor (or in the event of veto by the 124
	121	+	Mayor, action by the Council to override the veto), a 30- day period of congressional review as 125 provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 126
	122	+	24, 1973 (87 Stat. 813: D.C. Official Code § 1- 206.02(c)(1)), and publication in the District of 127
	123	+	Columbia Register. 128