_______________________________ 1 Councilmember Robert C. White, Jr. 2 3 4 5 6 7 A BILL 8 ________ 9 10 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 11 _______________ 12 13 To authorize the Department of Housing and Community Development, on a temporary basis, 14 to make a grant to the Neighborhood Assistance Corporation of America, to implement 15 measures to provide financial relief and other assistance to the current owners of 16 condominium units at the River East at Grandview Condominiums (“Property”), 17 including the authority to forgive loans originating from the Housing Production Trust 18 Fund and the Home Purchase Assistance Program associated with the purchase of 19 condominium units at the Property and to provide the condominium unit owners with 20 assistance to secure permanent housing solutions. 21 22 BE IT ENACTED BY THE COUNCIL DISTRICT OF COLUMBIA, That this act may 23 be cited as the “Relief for River East at Grandview Condominium Owners Temporary Act of 24 2024”. 25 Sec. 2. Definitions. 26 For the purposes of this act, the term: 27 (a) “CA” means the River East at Grandview Condominium Association. 28 (b) “DHCD” means the District of Columbia Department of Housing and Community 29 Development. 30 (c) “HPAP” means Home Purchase Assistance Program. 31 (d) “IZ” means inclusionary zoning. 32 (e) “NACA” means The Neighborhood Assistance Corporation of America. 33 (f) “OTR” means Office of Tax and Revenue. 34 (g) "Property” means the River East at Grandview Condominiums located at 1262 Talbert Street, 35 2 S.E., Washington, DC, 20020, known for tax and assessment purposes as Lots 2047 through 2092 in 36 Square 5807, which may also be known as River East at Grandview, Grandview Estate, Grandview 37 Estates, Grandview Estates II, Gardenview, River East, RiverEast, River East at Anacostia, River East at 38 Anacostia Metro Station, River East at Grandview, and Talbert Street. 39 (h) “Property O wner” means an individual who owns one of the 46 condominium units at the 40 Property. 41 Sec. 3. DHCD grant authority. 42 (a) Notwithstanding the Grant Administration Act of 2013, effective December 23, 2013 (D.C. 43 Law 20-61; D.C. Official Code § 1- 328.11 et seq. ) or its implementing rules under 1 DMCR § 5000 et. 44 seq., DHCD is authorized to enter into a grant agreement with NACA to provide financial relief for 45 Property Owners seeking to obtain permanent housing. 46 (b) The grant agreement may include that NACA: 47 (1) Provide housing counseling services to Property Owners , including assessing 48 Property O wners’ permanent housing options and working with Property Owners to meet NACA’s 49 mortgage eligibility criteria; 50 (2) Provide recommendations to the Mayor about the financial need for gap financing 51 based on the assessments of the Property Owners; 52 (3) Alongside the Mayor, seek relief for Property Owners’ existing mortgages on the 53 Property; 54 (4) Provide affordable mortgage options to eligible Property Owners; 55 (5) Waive any requirements against a Property Owner having an existing mortgage; 56 provided, the existing mortgage is on the Property; and 57 (6) Not use credit score as the deciding factor for approving a Property Owner’s 58 mortgage. 59 Sec. 4 Additional relief. 60 3 (a) Notwithstanding the District of Columbia Sales Tax Act effective March 2, 1962 (87 P.L. 408, 61 76 Stat. 10, D.C. Official Code § 47- 1001 et seq.), or its implementing rules under 9 DCMR § 500 et. 62 seq., OTR shall: 63 (1) Not assess or charge any taxes related to a Property Owner’s first purchase of real 64 property following a Property Owner’s purchase of the Property, including transfer taxes and deed 65 recordation taxes, so long as the purchase is made by December 31, 2028; and 66 (2) Forgive all real property taxes, interest, penalties, fees, and other related charges 67 assessed against the Property Owners at the Property for the tax years beginning October 1, 2023, and 68 ending September 30, 2025. 69 (b) Notwithstanding the Housing Production Trust Fund Act of 1989, effective March 10, 2015 70 (D.C. Law 20- 190; D.C. Official Code § 42- 2802.02 et. seq. ): 71 (1) The Mayor may: 72 (A) Waive the requirements of section 3b of the Housing Production Trust Fund 73 Act of 1989, effective March 10, 2015 (D.C. Law 20- 190; D.C. Official Code § 42-2802.02 or its 74 implementing rules under 10 DCMR § B4100 et. seq. ); and 75 (B) Forgive all outstanding debt secured by a Property Owner pursuant to a 76 Housing Production Trust Fund loan that financed development costs of the Property. 77 (2) Any forgiveness of debt under paragraph (1) of this subsection shall not include any 78 outstanding indebtedness of River East At Anacostia, LLC, or Stanton View Development, LLC incurred 79 in connection with the development of the Property. 80 (c) Notwithstanding any provisions of the Home Purchase Assistance Fund Act of 1978, effective 81 September 12, 1978; (D.C. Law 2-103; D.C. Official Code § 45- 2601 et seq.), or its implementing rules 82 under 14 DCMR § 2500 et. seq.: 83 (1) The Mayor may forgive the balance of any HPAP loan provided to a Property Owner 84 to support the purchase of a Property condominium unit; 85 4 (2) A Property Owner may be eligible for HPAP assistance of at least $70,000, subject to 86 available funds through DHCD; and 87 (3) DHCD may waive the HPAP income requirements if the Property Owner’s income no 88 longer meets the affordability criteria; provided, the Property Owner would have qualified for HPAP on 89 the date that DHCD certified the Property Owner to purchase a Property condominium unit. 90 (d) Any debt or loans forgiven pursuant to subsections (b) and (c) shall not be considered income 91 for tax purposes in the District. 92 (e) By May 15, 2024, DHCD shall provide written notice to each Property Owner that includes 93 whether the Mayor will forgive Housing Production Trust Fund loans and Home Purchase Assistance 94 Program loans, and, if so, the amount of each loan that will be forgiven and the date by when the loans 95 will be forgiven. 96 (f) Notwithstanding the Inclusionary Zoning Implementation Amendment Act of 2006, effective 97 March 14, 2007 (D.C. Law 16- 275; D.C. Official Code § 6- 1041.01 et seq. ) or its implementing rules 98 under 14 DCMR § 2200 et. seq., Property Owners who meet the criteria for a compliant IZ unit may have 99 access to an IZ unit set aside for non-lottery sale or rental on a first-come, first-served basis. 100 (1) Property Owners are exempt from attending the IZ orientation and from completing 101 the 8-hour homebuyer class as part of the IZ program. 102 (2) DHCD may waive the IZ income requirements if the Property Owner’s income no 103 longer meets the affordability criteria; provided, the Property Owner would have qualified for an IZ rental 104 or for- sale unit on the date that DHCD certified the Property Owner to purchase a Property condominium 105 unit. 106 (g) DHCD may update the grant agreement executed between the CA and the District, by and 107 through DHCD, with an effective date of May 22, 202 3, through September 30, 2023, to provide up to 108 $150,000 to the CA to cover operations and expenses. 109 (h) The Mayor shall create a program for providing Property Owners who choose to rent or who 110 5 do not qualify for homeownership with a rental option . DHCD shall provide written notice to each 111 Property Owner of the details of a rental option program by May 1, 2024. 112 (i) The Mayor may allocate $300,000 to covered property owners for moving expenses and, if 113 allocated, shall distribute the funding in equal amounts among the Property Owners. 114 Sec. 5. Fiscal impact statement. 115 The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 116 statement required by section 4a of the General Legislative Procedures Act of 1975, approved 117 October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a). 118 Sec. 6. Effective date. 119 (a) This act shall take effect following approval by the Mayor (or in the event of veto by 120 the Mayor, action by the Council to override the veto), a 30- day period of congressional review 121 as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 122 24, 1973 (87 Stat. 813; D.C. Official Code § 1- 206.02(c)(1)), and publication in the District of 123 Columbia Register. 124 (b) This act shall expire after 225 days of its having effect. 125