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Councilmember Matt Frumin Chairman Phil Mendelson 2
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A BILL 7
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 13
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To enact designate, on an emergency basis, the Uniform Unlawful Restrictions in Land Records 18
Act; to allow homeowners to remove unlawful restrictive covenants from the deeds to 19
their homes and for condominiums and other homeowner associations to remove 20
unlawful restrictive covenants from their governing documents; to permit the homeowner 21
or association to fill out an amendment form, a sample of which is provided in the Act, 22
and record the amendment to their title to effectively remove the unlawful restriction; 23
amend the Zoning Act to declare void, as contrary to public policy, covenants prohibiting 24
apartment houses or buildings with multiple dwelling units when such units would 25
otherwise be permitted under zoning. 26
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 28
act may be cited as the “Unlawful Restrictions in Land Records Emergency Act of 2024”. 29
TITLE I. UNIFORM UNLAWFUL RESTRICTIONS IN LAND RECORDS 30
Sec. 101. Short title. 31
This title may be cited as the “Uniform Unlawful Restrictions in Land Records Act of 32
2024”. 33
Sec. 102. Definitions. 34
In this act: 35
(1) “Amendment” means a document that removes an unlawful restriction. 36
(2) “District” means the District of Columbia. 37 2
(3) “Document” means a record recorded or eligible to be recorded in land 38
records. 39
(4) “Governing instrument” means a document recorded in land records that: 40
(A) Establishes a governing body responsible for management of common 41
areas or facilities used by more than one owner of a property interest affected by the document; 42
and 43
(B) Requires contribution, enforceable by a lien on a separate property 44
interest, of a share of taxes, insurance premiums, maintenance, or improvement of, or services or 45
other expenses for the common benefit of, the real property described in the document. 46
(5) “Index” means a system that enables a search for a document in land records. 47
(6) “Land records” means documents and indexes maintained by a recorder. 48
(7) “Owner” means a person that has a fee interest in real property. 49
(8) “Person” means an individual, estate, business or nonprofit entity, government 50
or governmental subdivision, agency, or instrumentality, or other legal entity. 51
(9) “Record”, used as a noun, means information: 52
(A) Inscribed on a tangible medium; or 53
(B) Stored in an electronic or other medium and retrievable in perceivable 54
form. 55
(10) “Recorder” means the District of Columbia Recorder of Deeds. 56
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(11) “Remove” means eliminate any apparent or purportedly continuing effect on 58
title to real property. 59 3
(12) “Unlawful restriction” means a prohibition, restriction, covenant, or 60
condition in a document that purports to interfere with or restrict the transfer, use, or occupancy 61
of real property: 62
(A) On the basis of race, color, religion, national origin, sex, familial 63
status, disability, or other personal characteristics; and 64
(B) In violation of other law of the District or federal law. 65
Sec. 103. Amendment by owner. 66
Except with respect to property to which section 104 applies, an owner of real property 67
subject to an unlawful restriction may submit to the Recorder of Deeds for recordation in the 68
land records an amendment to remove the unlawful restriction, but only as to the owner’s 69
property. 70
Sec. 104. Amendment by association of owners. 71
(a) The governing body of an association of owners identified in a governing instrument 72
may, without a vote of the members of the association, amend the governing instrument to 73
remove an unlawful restriction. 74
(b) A member of an association of owners may request, in a record that sufficiently 75
identifies an unlawful restriction in the governing instrument, that the governing body exercise 76
its authority under subsection (a). Not later than 90 days after the governing body receives the 77
request, the governing body shall determine reasonably and in good faith whether the governing 78
instrument includes the unlawful restriction. If the governing body determines the governing 79
instrument includes the unlawful restriction, the governing body not later than 90 days after the 80
determination shall amend the governing instrument to remove the unlawful restriction. 81
(c) Notwithstanding any provision of the governing instrument or other law of the 82
District, the governing body may execute an amendment under this section. 83 4
(d) An amendment under this section is effective notwithstanding any provision of the 84
governing instrument or other law of the District that requires a vote of the members of the 85
association of owners to amend the governing instrument. 86
Sec. 105. Requirements and limitations of amendment. 87
(a) An amendment under this act must identify the owner, the real property affected, and 88
the document containing the unlawful restriction. The amendment must include a conspicuous 89
statement in substantially the following form: 90
“This amendment removes from this deed or other document affecting title to real 91
property an unlawful restriction as defined under the Uniform Unlawful Restrictions in Land 92
Records Act. This amendment does not affect the validity or enforceability of a restriction that is 93
not an unlawful restriction.” 94
(b) The amendment must be executed and acknowledged in the manner required for 95
recordation of a document in the land records. The amendment must be recorded in the land 96
records of the District. 97
(c) The amendment does not affect the validity or enforceability of any restriction that is 98
not an unlawful restriction. 99
(d) The amendment or a future conveyance of the affected real property is not a 100
republication of a restriction that otherwise would expire by passage of time under other law of 101
this state the District. 102
Sec. 106. Optional form for amendment by owner. 103
The following form may be used by an owner to make an amendment under Section 103: 104
“Amendment by Owner to Remove an Unlawful Restriction 105 5
“This Amendment is recorded under the Uniform Unlawful Restrictions in Land Records 106
Act of 2024 by an Owner of an interest in real property subject to an unlawful restriction as 107
defined under the Act. 108
“(1) Name of Owner: 109
“(2) Owner’s property that is subject to the unlawful restriction is described as follows: 110
“Address: 111
“Legal Description: 112
“(3) This Amendment amends the following document: 113
“Title of document being amended: 114
“Recording date of document being amended: 115
“Recording information (book/page or instrument number): 116
“This Amendment removes from the document described in paragraph (3) all unlawful 117
restrictions as defined under the Act. Removal of an unlawful restriction through this 118
Amendment does not affect the validity and enforceability of any other restriction that is not an 119
unlawful restriction as defined under the Act, at the time of filing this Amendment. This 120
Amendment is not effective if the property is subject to a governing instrument as defined under 121
the Act. 122
“Owner’s Signature 123
“Date 124
“Notary Acknowledgment 125
Witnesses (if required)]” 126
Sec. 107. Duty and liability of Recorder. 127 6
(a) The Recorder shall record an amendment submitted under this act, add the 128
amendment to the index, and cross reference the amendment to the document containing the 129
unlawful restriction. 130
(b) The Recorder and the District are not liable for recording an amendment under this 131
act. 132
Sec. 108. Fees waived; no judicial approval necessary. 133
(a) The Recorder of Deeds shall waive any fees specifically directed at an owner’s 134
attempt to release an unlawful restriction from a deed or other document as described under 135
sections 103 and 104 of this subtitle. 136
(b) No judicial approval is needed to release an unlawful restriction under sections 103 137
and 104 of this subtitle. This section is not intended to alter the need for judicial approval 138
otherwise required under law for any action except for the express release of an unlawful 139
restriction. 140
Sec. 109. Uniformity of application and construction. 141
In applying and construing this uniform act, a court shall consider the promotion of 142
uniformity of the law among jurisdictions that enact it. 143
Sec. 110. Relation to Electronic Signatures in Global and National Commerce Act. 144
This title modifies, limits, or supersedes the Electronic Signatures in Global and National 145
Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede 15 U.S.C. § 146
7001(c), or authorize electronic delivery of any of the notices described in 15 U.S.C. § 7003(b). 147
TITLE II. MULTIFAMILY RESIDENTIAL COVENANTS. 148
Sec. 201. Short title. 149
This title may be cited as the “Prohibition on Multifamily Covenants Amendment Act of 150
2024”. 151 7
Sec. 202. An Act Providing for the zoning of the District of Columbia and the regulation 152
of the location, height, bulk, and uses of buildings and other structures and of the uses of land in 153
the District of Columbia, and for other purposes, effective June 20, 1938 (52 Stat. 797; D.C. 154
Official Code § 6–641.01, et seq.) (“Zoning Act”), is amended by adding a new section 1a to 155
read as follows: 156
“Sec. 1a. Multifamily residential covenants void. 157
“Any covenant or deed restriction on any property within the District of Columbia is 158
declared void and unenforceable as contrary to the public policy of the District if the covenant or 159
deed restriction: 160
“(1) Was first executed, recorded, or otherwise imposed prior to the adoption of 161
the Zoning Act; and 162
“(2) Prohibits the encumbered property from being used for apartments, 163
apartment houses, or multiple residential units that would otherwise be permissible under the 164
regulations adopted under the Zoning Act.”. 165
TITLE III. FISCAL IMPACT; EFFECTIVE DATE 166
Sec. 301. Fiscal impact statement. 167
The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 168
statement required by section 4a of the General Legislative Procedures Act of 1975, approved 169
October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 170
Sec. 302. Effective date. 171
This act shall take effect following approval by the Mayor (or in the event of veto by the 172
Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 173
90 days, as provided for emergency acts of the Council of the District of Columbia in section 174 8
412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; 175
D.C. Official Code § 1-204.12(a)). 176