District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0809 Latest Draft

Bill / Enrolled Version 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 enact, on an emergency basis, the Uniform Unlawful Restrictions in Land Records Act to 
allow homeowners to remove unlawful restrictive covenants from the deeds to their 
homes and condominiums and other homeowner associations to remove unlawful 
restrictive covenants from their governing documents, and to permit the homeowner or 
association to fill out an amendment form and record the amendment to their title to 
effectively remove the unlawful restriction; and to amend An Act Providing for the 
zoning of the District of Columbia and the regulation of the location, height, bulk, and 
uses of buildings and other structures and of the uses of land in the District of Columbia, 
and for other purposes to declare void, as contrary to public policy, covenants prohibiting 
apartment houses or buildings with multiple dwelling units when such units otherwise 
would be permitted under zoning. 
 
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 
act may be cited as the “Unlawful Restrictions in Land Records Emergency Amendment Act of 
2024”. 
 
TITLE I.  UNIFORM UNLAWFUL RESTRICTIONS IN LAND RECORDS 
 Sec. 101.  Short title. 
 This title may be cited as the “Uniform Unlawful Restrictions in Land Records Act of 
2024”. 
 
 Sec. 102. Definitions. 
 In this act:  
 (1) “Amendment” means a document that removes an unlawful restriction. 
 
 (2) “Document” means a record recorded or eligible to be recorded in land 
records. 
 (3) “Governing instrument” means a document recorded in land records that:    	ENROLLED ORIGINAL 
 
 
 
 
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 (A) Establishes a governing body responsible for management of common 
areas or facilities used by more than one owner of a property interest affected by the document; 
and 
 (B) Requires contribution, enforceable by a lien on a separate property 
interest, of a share of taxes, insurance premiums, maintenance, or improvement of, or services or 
other expenses for the common benefit of, the real property described in the document. 
 (4) “Index” means a system that enables a search for a document in land records. 
 (5) “Land records” means documents and indexes maintained by a recorder. 
 (6) “Owner” means a person that has a fee interest in real property. 
 (7) “Person” means an individual, estate, business or nonprofit entity, government 
or governmental subdivision, agency, or instrumentality, or other legal entity.  
 (8) “Record” when used as a noun means information:  
 (A) Inscribed on a tangible medium; or 
 (B) Stored in an electronic or other medium and retrievable in perceivable 
form.  
 (9) “Recorder” means the District of Columbia Recorder of Deeds.  
 (10) “Remove” means to eliminate any apparent or purportedly continuing effect 
on title to real property. 
 (11) “Unlawful restriction” means a prohibition, restriction, covenant, or 
condition in a document that purports to interfere with or restrict the transfer, use, or occupancy 
of real property:  
 (A) On the basis of race, color, religion, national origin, sex, familial 
status, disability, or other personal characteristics; and  
 (B) In violation of other law of the District or federal law. 
 
 Sec. 103. Amendment by owner. 
 Except with respect to property to which section 104 applies, an owner of real property 
subject to an unlawful restriction may submit to the Recorder of Deeds for recordation in the 
land records an amendment to remove the unlawful restriction, but only as to the owner’s 
property. 
 
 Sec. 104. Amendment by association of owners. 
 (a) The governing body of an association of owners identified in a governing instrument 
may, without a vote of the members of the association, amend the governing instrument to 
remove an unlawful restriction. 
 (b) A member of an association of owners may request, in a record that sufficiently 
identifies an unlawful restriction in the governing instrument, that the governing body exercise 
its authority under subsection (a) of this section. Not later than 90 days after the governing body 
receives the request, the governing body shall determine reasonably and in good faith whether    	ENROLLED ORIGINAL 
 
 
 
 
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the governing instrument includes the unlawful restriction. If the governing body determines the 
governing instrument includes the unlawful restriction, the governing body not later than 90 days 
after the determination shall amend the governing instrument to remove the unlawful restriction.  
 (c) Notwithstanding any provision of the governing instrument or other law of the 
District, the governing body may execute an amendment under this section.  
 (d) Notwithstanding any provision of the governing instrument or other law of the 
District that requires a vote of the members of the association of owners to amend the governing 
instrument, an amendment executed under this section shall be effective.  
 
 Sec. 105. Requirements and limitations of amendment. 
 (a) An amendment under this act must identify the owner, the real property affected, and 
the document containing the unlawful restriction. The amendment must include a conspicuous 
statement in substantially the following form:  
 “This amendment removes from this deed or other document affecting title to real 
property an unlawful restriction as defined under the Uniform Unlawful Restrictions in Land 
Records Emergency Act of 2024. This amendment does not affect the validity or enforceability 
of a restriction that is not an unlawful restriction.”.  
 (b) The amendment must be executed and acknowledged in the manner required for 
recordation of a document in the land records. The amendment must be recorded in the land 
records of the District. 
 (c) The amendment does not affect the validity or enforceability of any restriction that is 
not an unlawful restriction. 
 (d) The amendment or a future conveyance of the affected real property is not a 
republication of a restriction that otherwise would expire by passage of time under other law of 
the District. 
 
 Sec. 106. Optional form for amendment by owner.  
 The following form may be used by an owner to make an amendment under section 103: 
“Amendment by Owner to Remove an Unlawful Restriction. 
 “This amendment is recorded under the Uniform Unlawful Restrictions in Land Records 
Emergency Act of 2024 (“Act”) by an owner of an interest in real property subject to an 
unlawful restriction as defined under the Act. 
 “(1) Name of owner:   
 “(2) The owner’s property that is subject to the unlawful restriction is described as 
follows: 
 “Address:   
 “Legal Description:   
 “(3) This amendment amends the following document: 
“Title of document being amended:      	ENROLLED ORIGINAL 
 
 
 
 
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“Recording date of document being amended:   
 “Recording information (book/page or instrument number):  
 “This amendment removes from the document described in paragraph (3) all unlawful 
restrictions as defined under the Act.  Removal of an unlawful restriction through this 
amendment does not affect the validity and enforceability of any other restriction that is not an 
unlawful restriction as defined under the Act, at the time of filing this amendment. This 
amendment is not effective if the property is subject to a governing instrument as defined under 
the Act. 
 “Owner’s signature     
 “Date 
 “Notary acknowledgment          
 “Witnesses (if required)”. 
 
 Sec. 107. Duty and liability of Recorder. 
 (a) The Recorder shall record an amendment submitted under this act, add the 
amendment to the index, and cross reference the amendment to the document containing the 
unlawful restriction. 
 (b) The Recorder and the District are not liable for recording an amendment under this 
act.  
 
 Sec. 108. Fees waived; no judicial approval necessary.  
 (a) The Recorder shall waive any fees specifically directed at an owner’s attempt to 
release an unlawful restriction from a deed or other document as described under sections 103 
and 104.  
 (b) No judicial approval is needed to release an unlawful restriction under sections 103 
and 104. This section is not intended to alter the need for judicial approval otherwise required 
under law for any action except for the express release of an unlawful restriction. 
 
 Sec. 109. Uniformity of application and construction.  
 In applying and construing this uniform act, a court shall consider the promotion of the 
uniformity of the law among jurisdictions that enact it. 
 
 Sec. 110. Relation to Electronic Signatures in Global and National Commerce Act. 
 This title modifies, limits, or supersedes the Electronic Signatures in Global and National 
Commerce Act, approved June 30, 2000 (114 Stat. 464; 15 U.S.C. § 7001 et seq.) (“Act”), but 
does not modify, limit, or supersede section 101(c) of the Act (15 U.S.C. § 7001(c)), or authorize 
electronic delivery of any of the notices described in section 103(b) of the Act (15 U.S.C. § 
7003(b)). 
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TITLE II. MULTIFAMILY RESIDENTIAL COVENANTS. 
 Sec. 201. An Act Providing for the zoning of the District of Columbia and the regulation 
of the location, height, bulk, and uses of buildings and other structures and of the uses of land in 
the District of Columbia, and for other purposes, approved June 20, 1938 (52 Stat. 797; D.C. 
Official Code § 6–641.01, et seq.), is amended as follows:  
(a) A new section 1a is added to read as follows:  
 “Sec. 1a. Multifamily residential covenants void.  
 “(a) Any covenant or deed restriction on any property within the District of Columbia is 
declared void and unenforceable as contrary to the public policy of the District if the covenant or 
deed restriction:  
 “(1) Was first executed, recorded, or otherwise imposed prior to the adoption of 
the Zoning Act; and  
 “(2) Prohibits the encumbered property from being used for apartments, 
apartment houses, or multiple residential units that would otherwise be permissible under the 
regulations adopted under the Zoning Act.”.   
 (b) Section 13 (D.C. Official Code § 6-641.12) is amended by adding a new sentence at 
the end to read as follows: 
 “The term “Zoning Act” means An Act Providing for the zoning of the District of 
Columbia and the regulation of the location, height, bulk, and uses of buildings and other 
structures and of the uses of land in the District of Columbia, and for other purposes, approved 
June 20, 1938 (52 Stat. 797; D.C. Official Code § 6–641.01, et seq.).”. 
 
TITLE III.  FISCAL IMPACT; EFFECTIVE DATE  
 Sec. 301. Fiscal impact statement. 
 The Council adopts the fiscal impact statement of the Budget Director 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 shall remain in effect for no longer than 
90 days, as provided for emergency acts of the Council of the District of Columbia in section 
 
 
 
 
 
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412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; 
D.C. Official Code § 1-204.12(a)). 
 
 
 
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Chairman 
Council of the District of Columbia 
 
 
 
 
 
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Mayor 
District of Columbia