District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0774 Compare Versions

Version 1 (Old)

Version 2 (New)

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	1	+	ENGROSSED ORIGINAL
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8		-	AN ACT
9		-
10		-	_________
11		-
12		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
13		-
14		-	_________________________
15		-
16		-	To authorize, on a temporary basis, the Department of Housing and Community Development
17		-	to make a grant to the Neighborhood Assistance Corporation of America, to implement
18		-	measures to provide financial relief and other assistance to the current owners of
19		-	condominium units at the River East at Grandview Condominiums (“Property”),
20		-	including the authority to forgive loans originating from the Housing Production Trust
21		-	Fund and the Home Purchase Assistance Program associated with the purchase of
22		-	condominium units at the Property and to provide the condominium unit owners with
23		-	assistance to secure permanent housing solutions; and to amend the Skyland Town
24		-	Center Omnibus Act of 2014 to permit the Deputy Mayor for Planning and Economic
25		-	Development to issue a grant up to $15 million, and to approve the Mayor’s
26		-	reprogramming request to transfer $15 million from the Benning Road Transfer Station
27		-	Modernization project in the Department of Public Works capital budget to the
28		-	operating budget of the Office of the Deputy Mayor for Planning and Economic
29		-	Development for the purpose of funding a grant to Skyland Holdings, LLC..
30		-
31		-	BE IT ENACTED BY THE COUNCIL DISTRICT OF COLUMBIA, That this act may
32		-	be cited as the “Relief for River East at Grandview Condominium Owners Temporary Act of
33		-	2024”.
34		-
35		-	TITLE I. RELIEF FOR RIVER EAST AT GRANDVIEW CONDOMINIUM OWNERS.
36		-	Sec. 101. Definitions.
37		-	For the purposes of this act, the term:
38		-	(1) “ADU” means affordable dwelling unit, which is a for-sale or for-rent housing unit
39		-	that is locally restricted, but not federally restricted, for occupancy by a household whose income
40		-	falls within a certain range and that is generally produced in exchange for zoning relief, tax
41		-	incentives, public financing, the right to purchase or lease District-owned land, or other relief, as
42		-	described in Mayor's Order 2009-112.
43		-	(2) “CA” means the River East at Grandview Condominium Association.
44		-	(3) “DHCD” means the District of Columbia Department of Housing and Community
45		-	Development.
46		-	(4) “HPAP” means Home Purchase Assistance Program.
47		-	(5) “HUD” means the U.S. Department of Housing and Urban Development.
48		-	(6) “Inclusionary Development” shall have the same meaning as provided in section
49		-	101(2) of the Inclusionary Zoning Implementation Amendment Act of 2006, effective March 14, ENROLLED ORIGINAL
	8	+	A BILL 1
	9	+	2
	10	+	24-774 3
	11	+	4
	12	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 5
	13	+	6
	14	+	_______________________ 7
	15	+	8
	16	+	9
	17	+	To authorize the Department of Housing and Community Development, on a temporary basis, 10
	18	+	to make a grant to the Neighborhood Assistance Corporation of America, to implement 11
	19	+	measures to provide financial relief and other assistance to the current owners of 12
	20	+	condominium units at the River East at Grandview Condominiums (“Property”), 13
	21	+	including the authority to forgive loans originating from the Housing Production Trust 14
	22	+	Fund and the Home Purchase Assistance Program associated with the purchase of 15
	23	+	condominium units at the Property and to provide the condominium unit owners with 16
	24	+	assistance to secure permanent housing solutions. 17
	25	+	18
	26	+	BE IT ENACTED BY THE COUNCIL DISTRICT OF COLUMBIA, That this act may 19
	27	+	be cited as the “Relief for River East at Grandview Condominium Owners Temporary Act of 20
	28	+	2024”. 21
	29	+	TITLE I. RELIEF FOR RIVER EAST AT GRANDVIEW CONDOMINIUM OWNERS. 22
	30	+	Sec. 1012. Definitions. 23
	31	+	For the purposes of this act, the term: 24
	32	+	(a) “CA” means the River East at Grandview Condominium Association. 25
	33	+	(b) “DHCD” means the District of Columbia Department of Housing and Community 26
	34	+	Development. 27
	35	+	(c) “HPAP” means Home Purchase Assistance Program. 28
	36	+	(d) “IZ” means inclusionary zoning. 29 ENGROSSED ORIGINAL
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51	38
52	39
53	40		2
54	41
55	42
56		-	2007 (D.C. Law 16-275; D.C. Official Code § 6–1041.01(2)).
57		-	(7) “Inclusionary unit” shall have the same meaning as provided in section 101(3) of the
58		-	Inclusionary Zoning Implementation Amendment Act of 2006, effective March 14, 2007 (D.C.
59		-	Law 16-275; D.C. Official Code § 6–1041.01(3)).
60		-	(8) “IZ” means the Inclusionary Zoning Program.
61		-	(9) “NACA” means the Neighborhood Assistance Corporation of America.
62		-	(10) “OTR” means the Office of Tax and Revenue.
63		-	(11) "Property” means the River East at Grandview Condominiums located at 1262
64		-	Talbert Street, S.E., Washington, DC, 20020, known for tax and assessment purposes as Lots
65		-	2047 through 2092 in Square 5807, which may also be known as River East at Grandview,
66		-	Grandview Estate, Grandview Estates, Grandview Estates II, Gardenview, River East, RiverEast,
67		-	River East at Anacostia, River East at Anacostia Metro Station, River East at Grandview, and
68		-	Talbert Street.
69		-	(12) “Property Owner” means an individual who owns one of the 46 condominium units
70		-	at the Property.
71		-
72		-	Sec. 102. DHCD grant authority.
73		-	(a) Notwithstanding the Grant Administration Act of 2013, effective December 24, 2013
74		-	(D.C. Law 20-61; D.C. Official Code § 1-328.11 et seq.), or its implementing rules under 1
75		-	DCMR § 5000 et seq., DHCD is authorized to enter into a grant agreement with NACA to
76		-	provide financial relief for Property Owners seeking to obtain permanent housing.
77		-	(b) The grant agreement may include that NACA:
78		-	(1) Provide housing counseling services to Property Owners, including assessing
79		-	Property Owners’ permanent housing options and working with Property Owners to meet
80		-	NACA’s mortgage eligibility criteria;
81		-	(2) Provide recommendations to the Mayor about the financial need for gap
82		-	financing based on the assessments of the Property Owners;
83		-	(3) Alongside the Mayor, seek relief for Property Owners’ existing mortgages on
84		-	the Property;
85		-	(4) Provide affordable mortgage options to eligible Property Owners;
86		-	(5) Waive any requirements against a Property Owner having an existing
87		-	mortgage; provided, the existing mortgage is on the Property; and
88		-	(6) Not use credit score as the deciding factor for approving a Property Owner’s
89		-	mortgage.
90		-
91		-	Sec. 103. Additional relief.
92		-	(a) Notwithstanding Chapter 9 of Title 47 of the District of Columbia Official Code and
93		-	the District of Columbia Sales Real Estate Deed Recordation Tax Act, approved March 2, 1962
94		-	(76 Stat. 110,; D.C. Official Code § 42-1001 et seq.), or its implementing rules under 9 DCMR §
95		-	500 et seq., OTR shall:
96		-	(1) Not assess or charge any taxes against a Property Owner related to the
97		-	Property Owner’s first purchase of real property following a Property Owner’s purchase of the ENROLLED ORIGINAL
	43	+	(e) “NACA” means The Neighborhood Assistance Corporation of America. 30
	44	+	(f) “OTR” means Office of Tax and Revenue. 31
	45	+	(g) "Property” means the River East at Grandview Condominiums located at 1262 Talbert Street, 32
	46	+	S.E., Washington, DC, 20020, known for tax and assessment purposes as Lots 2047 through 2092 in 33
	47	+	Square 5807, which may also be known as River East at Grandview, Grandview Estate, Grandview 34
	48	+	Estates, Grandview Estates II, Gardenview, River East, RiverEast, River East at Anacostia, River East at 35
	49	+	Anacostia Metro Station, River East at Grandview, and Talbert Street. 36
	50	+	(h) “Property Owner” means an individual who owns one of the 46 condominium units at the 37
	51	+	Property. 38
	52	+	Sec. 1023. DHCD grant authority. 39
	53	+	(a) Notwithstanding the Grant Administration Act of 2013, effective December 23, 2013 (D.C. 40
	54	+	Law 20-61; D.C. Official Code § 1-328.11 et seq.) or its implementing rules under 1 DMCR § 5000 et. 41
	55	+	seq., DHCD is authorized to enter into a grant agreement with NACA to provide financial relief for 42
	56	+	Property Owners seeking to obtain permanent housing. 43
	57	+	(b) The grant agreement may include that NACA: 44
	58	+	(1) Provide housing counseling services to Property Owners, including assessing 45
	59	+	Property Owners’ permanent housing options and working with Property Owners to meet NACA’s 46
	60	+	mortgage eligibility criteria; 47
	61	+	(2) Provide recommendations to the Mayor about the financial need for gap financing 48
	62	+	based on the assessments of the Property Owners; 49
	63	+	(3) Alongside the Mayor, seek relief for Property Owners’ existing mortgages on the 50
	64	+	Property; 51 ENGROSSED ORIGINAL
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104		-	Property, including transfer taxes and deed recordation taxes, so long as the purchase is made by
105		-	December 31, 2028; and
106		-	(2) Forgive all real property taxes, including interest, penalties, fees, and other
107		-	related charges, assessed against the Property from October 1, 2020, to September 30, 2025, and
108		-	provide a refund of all real property taxes paid from October 1, 2020, to September 30, 2025,
109		-	pursuant to D.C. Official Code § 47-811.02; except, that D.C. Official Code § 47-811.02(b) shall
110		-	not apply.
111		-	(b) Notwithstanding the Housing Production Trust Fund Act of 1988, effective March 10,
112		-	2015 (D.C. Law 20-190; D.C. Official Code § 42-2802.02 et seq):
113		-	(1) The Mayor may:
114		-	(A) Waive the requirements of section 3b of the Housing Production Trust
115		-	Fund Act of 1989, effective March 10, 2015 (D.C. Law 20-190; D.C. Official Code § 42-2802.02
116		-	or its implementing rules under 10 DCMR § B4100 et seq.); and
117		-	(B) Forgive all outstanding debt secured by a Property Owner pursuant to
118		-	a Housing Production Trust Fund loan that financed development costs of the Property.
119		-	(2) Any forgiveness of debt under paragraph (1) of this subsection shall not
120		-	include any outstanding indebtedness of River East At Anacostia, LLC, or Stanton View
121		-	Development, LLC incurred in connection with the development of the Property.
122		-	(c) Notwithstanding any provisions of the Home Purchase Assistance Fund Act of 1978,
123		-	effective September 12, 1978; (D.C. Law 2-103; D.C. Official Code § 42-2601 et seq.), or its
124		-	implementing rules under 14 DCMR § 2500 et. seq.:
125		-	(1) The Mayor may forgive the balance of any HPAP loan provided to a Property
126		-	Owner to support the purchase of a Property condominium unit;
127		-	(2) A Property Owner may be eligible for HPAP assistance of at least $70,000,
128		-	subject to available funds through DHCD; and
129		-	(3) DHCD may waive the HPAP income requirements if the Property Owner’s
130		-	income no longer meets the affordability criteria; provided, that the Property Owner would have
131		-	qualified for HPAP on the date that DHCD certified the Property Owner to purchase a Property
132		-	condominium unit.
133		-	(d) Any debt or loans forgiven pursuant to subsections (b) and (c) of this section shall not
134		-	be considered income for tax purposes in the District.
135		-	(e) By May 15, 2024, DHCD shall provide written notice to each Property Owner that
136		-	includes whether the Mayor will forgive Housing Production Trust Fund loans and Home
137		-	Purchase Assistance Program loans, and, if so, the amount of each loan that will be forgiven and
138		-	the date by when the loan will be forgiven.
139		-	(f)(1) Notwithstanding the Inclusionary Zoning Implementation Amendment Act of 2006,
140		-	effective March 14, 2007 (D.C. Law 16-275; D.C. Official Code § 6-1041.01 et seq.), or its
141		-	implementing rules under 14 DCMR § 2200 et seq., or any Inclusionary Development or
142		-	affordable housing covenant, a Property Owners who meets the criteria for a compliant
143		-	inclusionary unit or ADU may have access to an inclusionary unit or ADU set aside for non-
144		-	lottery sale or rental on a first-come, first-served basis.
145		-	(2) Property Owners are exempt from attending the IZ orientation and from ENROLLED ORIGINAL
	71	+	(4) Provide affordable mortgage options to eligible Property Owners; 52
	72	+	(5) Waive any requirements against a Property Owner having an existing mortgage; 53
	73	+	provided, the existing mortgage is on the Property; and 54
	74	+	(6) Not use credit score as the deciding factor for approving a Property Owner’s 55
	75	+	mortgage. 56
	76	+	Sec. 4103. Additional relief. 57
	77	+	(a) Notwithstanding the District of Columbia Sales Tax Act effective March 2, 1962 (87 P.L. 408, 58
	78	+	76 Stat. 10, D.C. Official Code § 47-1001 et seq.), or its implementing rules under 9 DCMR § 500 et. 59
	79	+	seq., OTR shall: 60
	80	+	(1) Not assess or charge any taxes related to a Property Owner’s first purchase of real 61
	81	+	property following a Property Owner’s purchase of the Property, including transfer taxes and deed 62
	82	+	recordation taxes, so long as the purchase is made by December 31, 2028; and 63
	83	+	(2) Forgive all real property taxes, interest, penalties, fees, and other related charges 64
	84	+	assessed against the Property Owners at the Property for the tax years beginning October 1, 2023, and 65
	85	+	ending September 30, 2025. 66
	86	+	(b) Notwithstanding the Housing Production Trust Fund Act of 1989, effective March 10, 2015 67
	87	+	(D.C. Law 20-190; D.C. Official Code § 42-2802.02 et. seq.): 68
	88	+	(1) The Mayor may: 69
	89	+	(A) Waive the requirements of section 3b of the Housing Production Trust Fund 70
	90	+	Act of 1989, effective March 10, 2015 (D.C. Law 20-190; D.C. Official Code § 42-2802.02 or its 71
	91	+	implementing rules under 10 DCMR § B4100 et. seq.); and 72
	92	+	(B) Forgive all outstanding debt secured by a Property Owner pursuant to a 73 ENGROSSED ORIGINAL
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152		-	completing the 8-hour homebuyer class as part of the IZ program.
153		-	(3) DHCD may waive the household size and income requirements for an
154		-	inclusionary unit, pursuant to 14 DCMR § 2225, or ADU if the Property Owner’s income no
155		-	longer meets the affordability criteria; provided, the Property Owner would have qualified for an
156		-	inclusionary rental or for-sale unit or an ADU on the date that DHCD certified the Property
157		-	Owner to purchase a Property condominium unit.
158		-	(g) DHCD may prioritize Property Owners on waitlists or encourage the owners of
159		-	properties whose waitlists DHCD does not manage to prioritize Property Owners on their
160		-	waitlists for DHCD funded properties and other Low Income Housing Tax Credit properties;
161		-	provided, that selections shall be made pursuant to the HUD Handbook 4350.3 REV-1 Ch. 3.
162		-	(h) DHCD may update the grant agreement executed between the CA and the District, by
163		-	and through DHCD, with an effective date of May 22, 2023, through September 30, 2023, to
164		-	provide up to $150,000 to the CA to cover operations and expenses.
165		-	(i) The Mayor shall create a program for providing Property Owners who choose to rent
166		-	or who do not qualify for homeownership with a rental option. DHCD shall provide written
167		-	notice to each Property Owner of the details of a rental option program by May 1, 2024.
168		-	(j) The Mayor may allocate $300,000 to Property Owners for moving expenses and, if
169		-	allocated, shall distribute the funding in equal amounts among the Property Owners.
170		-
171		-	TITLE II. SKYLAND GRANT
172		-	Sec. 201. The Skyland Town Center Omnibus Act of 2014, effective June 21, 2014 (D.C.
173		-	Law 20-110; D.C. Official Code § 2-1217.35a et seq.), is amended as follows:
174		-	(a) Section 203 (D.C. Official Code § 2-1217.35d) is amended by striking the phrase “not
175		-	to exceed $40 million to fund the project” and inserting the phrase “not to exceed $25 million to
176		-	fund the project” in its place.
177		-	(b) A new section 203a is added to read as follows:
178		-	“Sec. 203a. Grant authorization.
179		-	“Notwithstanding the Grant Administration Act of 2013, effective December 24, 2013
180		-	(D.C. Law 20-61; D.C. Official Code § 1-328.11 et seq.), the Deputy Mayor for Planning and
181		-	Economic Development may issue a grant in an amount not to exceed $15 million to the
182		-	Developer for the purpose of supporting the completion of the project.”.
183		-
184		-	Sec. 202. Reprogramming.
185		-	(a) Pursuant to section 47-363 of the District of Columbia Official Code, the Mayor
186		-	transmitted to the Council a reprogramming request in the amount of $15 million to be
187		-	transferred from the Benning Road Transfer Station Modernization project in the Department of
188		-	Public Works capital budget to the operating budget of the Office of the Deputy Mayor for
189		-	Planning and Economic Development for the purpose of funding a grant to Skyland Holdings,
190		-	LLC.
191		-	(b) The Council approves the $15 million reprogramming request.
192		-
193		-	ENROLLED ORIGINAL
	99	+	Housing Production Trust Fund loan that financed development costs of the Property. 74
	100	+	(2) Any forgiveness of debt under paragraph (1) of this subsection shall not include any 75
	101	+	outstanding indebtedness of River East At Anacostia, LLC, or Stanton View Development, LLC incurred 76
	102	+	in connection with the development of the Property. 77
	103	+	(c) Notwithstanding any provisions of the Home Purchase Assistance Fund Act of 1978, effective 78
	104	+	September 12, 1978; (D.C. Law 2-103; D.C. Official Code § 45-2601 et seq.), or its implementing rules 79
	105	+	under 14 DCMR § 2500 et. seq.: 80
	106	+	(1) The Mayor may forgive the balance of any HPAP loan provided to a Property Owner 81
	107	+	to support the purchase of a Property condominium unit; 82
	108	+	(2) A Property Owner may be eligible for HPAP assistance of at least $70,000, subject to 83
	109	+	available funds through DHCD; and 84
	110	+	(3) DHCD may waive the HPAP income requirements if the Property Owner’s income no 85
	111	+	longer meets the affordability criteria; provided, the Property Owner would have qualified for HPAP on 86
	112	+	the date that DHCD certified the Property Owner to purchase a Property condominium unit. 87
	113	+	(d) Any debt or loans forgiven pursuant to subsections (b) and (c) shall not be considered income 88
	114	+	for tax purposes in the District. 89
	115	+	(e) By May 15, 2024, DHCD shall provide written notice to each Property Owner that includes 90
	116	+	whether the Mayor will forgive Housing Production Trust Fund loans and Home Purchase Assistance 91
	117	+	Program loans, and, if so, the amount of each loan that will be forgiven and the date by when the loans 92
	118	+	will be forgiven. 93
	119	+	(f) Notwithstanding the Inclusionary Zoning Implementation Amendment Act of 2006, effective 94
	120	+	March 14, 2007 (D.C. Law 16-275; D.C. Official Code § 6-1041.01 et seq.) or its implementing rules 95 ENGROSSED ORIGINAL
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199	126
200		-	TITLE III. FISCAL IMPACT; EFFECTIVE DATE.
201		-	Sec. 301. Fiscal impact statement.
202		-	The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal
203		-	impact statement required by section 4a of the General Legislative Procedures Act of 1975,
204		-	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
205		-
206		-	Sec. 302. Effective date.
207		-	This act shall take effect following approval by the Mayor (or in the event of veto by the
208		-	Mayor, action by the Council to override the veto), and a 30-day period of congressional review
209		-	as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved
210		-	December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1
211		-	(b) This act shall expire after 225 days of its having effect.
	127	+	under 14 DCMR § 2200 et. seq., Property Owners who meet the criteria for a compliant IZ unit may have 96
	128	+	access to an IZ unit set aside for non-lottery sale or rental on a first-come, first-served basis. 97
	129	+	(1) Property Owners are exempt from attending the IZ orientation and from completing 98
	130	+	the 8-hour homebuyer class as part of the IZ program. 99
	131	+	(2) DHCD may waive the IZ income requirements if the Property Owner’s income no 100
	132	+	longer meets the affordability criteria; provided, the Property Owner would have qualified for an IZ rental 101
	133	+	or for-sale unit on the date that DHCD certified the Property Owner to purchase a Property condominium 102
	134	+	unit. 103
	135	+	(g) DHCD may update the grant agreement executed between the CA and the District, by and 104
	136	+	through DHCD, with an effective date of May 22, 2023, through September 30, 2023, to provide up to 105
	137	+	$150,000 to the CA to cover operations and expenses. 106
	138	+	(h) The Mayor shall create a program for providing Property Owners who choose to rent or who 107
	139	+	do not qualify for homeownership with a rental option. DHCD shall provide written notice to each 108
	140	+	Property Owner of the details of a rental option program by May 1, 2024. 109
	141	+	(i) The Mayor may allocate $300,000 to covered property owners for moving expenses and, if 110
	142	+	allocated, shall distribute the funding in equal amounts among the Property Owners. 111
	143	+	Title II. Skyland Grant. 112
	144	+	Sec. 201. The Skyland Town Center Omnibus Act of 2014, effective June 21, 2014 (D.C. Law 113
	145	+	20-110; D.C. Official Code § 2-1217.35a et seq.), is amended as follows: 114
	146	+	(a) Section 203 (D.C. Official Code § 2-1217.35d) is amended by striking the phrase “not to 115
	147	+	exceed $40 million to fund the project” and inserting the phrase “not to exceed $25 million to fund the 116
	148	+	project” in its place. 117 ENGROSSED ORIGINAL
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213	150
214	151
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215	153
216		-	______________________________
217		-	Chairman
218		-	Council of the District of Columbia
	154	+
	155	+	(b) A new section 203a is added to read as follows: 118
	156	+	“Sec. 203a. Grant authorization. 119
	157	+	“Notwithstanding the Grant Administration Act of 2013, effective December 24, 2013 (D.C. Law 120
	158	+	20-61; D.C. Official Code § 1-328.11 et seq.), the Deputy Mayor for Planning and Economic 121
	159	+	Development may issue a grant in an amount not to exceed $15 million to the Developer for the purpose 122
	160	+	of supporting the completion of the project.”. 123
	161	+	Sec. 202. Pursuant to section 47-363 of the District of Columbia Official Code, the Mayor 124
	162	+	transmitted to the Council a reprogramming request in the amount of $15 million to be transferred from 125
	163	+	the Benning Road Transfer Station Modernization project in the Department of Public Works capital 126
	164	+	budget to the operating budget of the Office of the Deputy Mayor for Planning and Economic 127
	165	+	Development for the purpose of funding a grant to Skyland Holdings, LLC. 128
	166	+	(2) The Council approves the $15 million reprogramming request. 129
	167	+	TITLE III. FISCAL IMPACT; EFFECTIVE DATE 130
	168	+	Sec. 5301. Fiscal impact statement. 131
	169	+	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 132
	170	+	statement required by section 4a of the General Legislative Procedures Act of 1975, approved 133
	171	+	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 134
	172	+	Sec. 6302. Effective date. 135
	173	+	(a) This act shall take effect following approval by the Mayor (or in the event of veto by 136
	174	+	the Mayor, action by the Council to override the veto), a 30-day period of congressional review 137
	175	+	as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 138 ENGROSSED ORIGINAL
219	176
220	177
221	178
	179	+	7
222	180
223	181
224		-	_________________________________
225		-	Mayor
226		-	District of Columbia
227		-
	182	+	24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 139
	183	+	Columbia Register. 140
	184	+	(b) This act shall expire after 225 days of its having effect. 141