District Of Columbia 2023 2023-2024 Regular Session

District Of Columbia Council Bill B25-0774 Enrolled / Bill

Filed 05/07/2024

                      	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 a temporary 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 DISTRICT OF COLUMBIA, That this act may 
be cited as the “Relief for River East at Grandview Condominium Owners Temporary 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)  “ADU” means affordable dwelling unit, which is a for-sale or for-rent housing unit 
that is locally restricted, but not federally restricted, for occupancy by a household whose income 
falls within a certain range and that is generally produced in exchange for zoning relief, tax 
incentives, public financing, the right to purchase or lease District-owned land, or other relief, as 
described in Mayor's Order 2009-112.  
(2)  “CA” means the River East at Grandview Condominium Association.  
(3) “DHCD” means the District of Columbia Department of Housing and Community 
Development. 
 (4)  “HPAP” means Home Purchase Assistance Program. 
(5)  “HUD” means the U.S. Department of Housing and Urban Development. 
(6)  “Inclusionary Development” shall have the same meaning as provided in section 
101(2) of the Inclusionary Zoning Implementation Amendment Act of 2006, effective March 14,    	ENROLLED ORIGINAL 
 
 
 
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2007 (D.C. Law 16-275; D.C. Official Code § 6–1041.01(2)). 
(7)  “Inclusionary unit” shall have the same meaning as provided in section 101(3) of the 
Inclusionary Zoning Implementation Amendment Act of 2006, effective March 14, 2007 (D.C. 
Law 16-275; D.C. Official Code § 6–1041.01(3)). 
(8)  “IZ” means the Inclusionary Zoning Program. 
(9)  “NACA” means the Neighborhood Assistance Corporation of America. 
(10)   “OTR” means the Office of Tax and Revenue.  
 (11)  "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. 
(12)  “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 24, 2013 
(D.C. Law 20-61; D.C. Official Code § 1-328.11 et seq.), or its implementing rules under 1 
DCMR § 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 Chapter 9 of Title 47 of the District of Columbia Official Code and 
the District of Columbia Sales Real Estate Deed Recordation Tax Act, approved March 2, 1962 
(76 Stat. 110,; D.C. Official Code § 42-1001 et seq.), or its implementing rules under 9 DCMR § 
500 et seq., OTR shall: 
(1) Not assess or charge any taxes against a Property Owner related to the 
Property Owner’s first purchase of real property following a Property Owner’s purchase of the    	ENROLLED ORIGINAL 
 
 
 
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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, including interest, penalties, fees, and other 
related charges, assessed against the Property from October 1, 2020, to September 30, 2025, and 
provide a refund of all real property taxes paid from October 1, 2020, to September 30, 2025, 
pursuant to D.C. Official Code § 47-811.02; except, that D.C. Official Code § 47-811.02(b) shall 
not apply. 
(b) Notwithstanding the Housing Production Trust Fund Act of 1988, effective March 10, 
2015 (D.C. Law 20-190; D.C. Official Code § 42-2802.02 et seq): 
(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., or any Inclusionary Development or 
affordable housing covenant, a Property Owners who meets the criteria for a compliant 
inclusionary unit or ADU may have access to an  inclusionary unit or ADU set aside for non-
lottery sale or rental on a first-come, first-served basis.  
(2) Property Owners are exempt from attending the IZ orientation and from    	ENROLLED ORIGINAL 
 
 
 
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completing the 8-hour homebuyer class as part of the IZ program. 
(3) DHCD may waive the household size and income requirements for an 
inclusionary unit, pursuant to 14 DCMR § 2225, or ADU if the Property Owner’s income no 
longer meets the affordability criteria; provided, the Property Owner would have qualified for an 
inclusionary rental or for-sale unit or an ADU on the date that DHCD certified the Property 
Owner to purchase a Property condominium unit. 
(g) DHCD may prioritize Property Owners on waitlists or encourage the owners of 
properties whose waitlists DHCD does not manage to prioritize Property Owners on their 
waitlists for DHCD funded properties and other Low Income Housing Tax Credit properties; 
provided, that selections shall be made pursuant to the HUD Handbook 4350.3 REV-1 Ch. 3. 
(h) 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. 
(i) 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. 
(j) The Mayor may allocate $300,000 to 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. 
 
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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). 
 
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 a 30-day period of congressional review 
as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved 
December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1 
 (b) This act shall expire after 225 days of its having effect.
 
 
 
 
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Chairman 
Council of the District of Columbia 
 
 
 
 
 
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Mayor 
District of Columbia