District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0935 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	ENROLLED ORIGINAL
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7		-	AN ACT
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11		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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13		-	_________________________
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15		-	To preserve, on an emergency basis due to congressional review, foreclosure protections for
16		-	homeowners who applied for funding from the DC Homeowner Assistance Fund (“DC
17		-	HAF”) program before September 30, 2022, and whose applications remain under
18		-	review, pending approval, pending payment, or under appeal, and to require that notices
19		-	continue to be sent to homeowners informing them of the DC HAF program before a
20		-	foreclosure action.
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22		-	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
23		-	act may be cited as the “Foreclosure Moratorium and Homeowner Assistance Fund Coordination
24		-	Congressional Review Emergency Amendment Act of 2024”.
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26		-	Sec. 2. Foreclosure moratorium.
27		-	(a)(1) From July 1, 2022, through September 30, 2022, no residential foreclosure may be
28		-	initiated or conducted under section 539 or section 95 of An Act To establish a code of law for
29		-	the District of Columbia, approved March 3, 1901 (31 Stat. 1274/1204; D.C. Official Code §§
30		-	42-815 and 42-816) (“section 539 or section 95”), no sale may be initiated or conducted under
31		-	section 313(c) of the Condominium Act of 1976, effective March 29, 1977 (D.C. Law 1-89; D.C.
32		-	Official Code § 42-1903.13(c)), and no judgment foreclosing the right of redemption shall be
33		-	entered under D.C. Official Code § 47-1378 if:
34		-	(A) A homeowner or their representative applies for financial assistance to
35		-	cure a debt or default with funds from the Department of Housing and Community
36		-	Development’s DC Homeowner Assistance Fund (“DC HAF”), or a similar government fund
37		-	established to assist homeowners impacted by the COVID-19 public emergency or public health
38		-	emergency declared pursuant to the District of Columbia Public Emergency Act of 1980,
39		-	effective March 5, 1981 (D.C. Law 3-149; D.C. Official Code § 7-2301 et seq.) (“financial
40		-	assistance application”);
41		-	(B) The financial assistance application is under review, pending approval,
42		-	pending payment, or under appeal; and
43		-	(C) Proof of the financial assistance application status described in
44		-	subparagraph (B) of this paragraph is presented, as a paper copy or through an electronic
45		-	medium, including through communications facilitated by the online DC HAF application portal,
46		-	to the mortgage lender, condominium association, homeowners association, or tax sale ENROLLED ORIGINAL
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52		-	purchaser, or to an agent acting as a representative for any housing or financing entity to which
53		-	the homeowner is indebted.
54		-	(2)(A) Beginning on July 25, 2022, a mortgage lender, condominium association,
55		-	homeowners association, or tax sale purchaser, or an agent acting as a representative for any
56		-	housing or financing entity to which a homeowner is indebted, may begin to send notices to warn
57		-	of intention to initiate or continue foreclosure actions, but no foreclosure action described in
58		-	paragraph (1) of this subsection may proceed prior to 30 days after a homeowner is first sent a
59		-	warning notice.
60		-	(B) Before September 30, 2022, all foreclosure notices and foreclosure
61		-	warning notices sent pursuant to subparagraph (A) of this paragraph shall:
62		-	(i) Be sent by postal and electronic mail to a homeowner’s last
63		-	known home and email address;
64		-	(ii) Inform the homeowner of DC HAF and the program’s potential
65		-	ability to cure eligible housing debts, including the specific type of debt or debts owed to the
66		-	entity sending the notice; and
67		-	(iii) Explain the September 30, 2022, deadline to apply to DC HAF
68		-	to delay or prevent further foreclosure action.
69		-	(C) After October 1, 2022, all foreclosure notices and foreclosure warning
70		-	notices sent pursuant to subparagraph (A) of this paragraph shall:
71		-	(i) Be sent by postal and electronic mail to a homeowner’s last
72		-	known home and email address; and
73		-	(ii) Inform the homeowner of DC HAF and the program’s potential
74		-	ability to cure eligible housing debts, including the specific type of debt or debts owed to the
75		-	entity sending the notice.
76		-	(D) If, prior to the effective date of the Foreclosure Moratorium and
77		-	Homeowner Assistance Fund Coordination Emergency Amendment Act of 2022, effective
78		-	November 22, 2022 (D.C. Act 24-674; D.C. Official Code § 42-851.01), a mortgage lender,
79		-	condominium association, homeowners association, or tax sale purchaser, or an agent acting as a
80		-	representative for any housing or financing entity to which a homeowner is indebted sent a
81		-	notice of an intention to initiate, notice to initiate, or notice to continue foreclosure actions
82		-	without information about DC HAF, a new notice must be sent prior to the continuation of any
83		-	foreclosure action informing the homeowner of the availability of DC HAF and the program’s
84		-	potential ability to cure eligible housing debts, including the specific type of debt or debts owed
85		-	to the entity sending the notice;
86		-	(3) The Mayor, or the Mayor’s designee, shall ensure:
87		-	(A) A homeowner applying for DC HAF relief, or for similar government
88		-	funds established to assist homeowners impacted by the COVID-19 public emergency or public
89		-	health emergency declared pursuant to the District of Columbia Public Emergency Act of 1980,
90		-	effective March 5, 1981 (D.C. Law 3-149; D.C. Official Code § 7-2301 et seq.), is provided with ENROLLED ORIGINAL
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	2	+	1
	3	+	Councilmember Robert C. White, Jr. 2
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96		-	documentation in a timely and ongoing manner that will enable the applicant to present proof of
97		-	financial assistance application status as described in paragraph (1)(C) of this subsection; and
98		-	(B) Editable sample foreclosure warning notices that include information
99		-	about debt relief available through DC HAF are published on the DC HAF website for use by
100		-	housing or financing entities to which a homeowner may be indebted.
101		-	(b)(1) If a homeowner submitted a DC HAF financial assistance application prior to
102		-	September 30, 2022 and provided proof of the application status pursuant to subsection (a)(1)(C)
103		-	of this section, and the application remains under review, pending approval, pending payment, or
104		-	under appeal as of September 30, 2022, until such time as DC HAF payments can be made or the
105		-	homeowner’s application is denied following appeal, if any, the homeowner shall not be subject
106		-	to a:
107		-	(A) Residential foreclosure initiated or conducted under section 539 or
108		-	section 95;
109		-	(B) Sale initiated or conducted under section 313(c) of the Condominium
110		-	Act of 1976, effective March 29, 1977 (D.C. Law 1-89; D.C. Official Code § 42- 1903.13(c)); or
111		-	(C) Judgment foreclosing the right of redemption under D.C. Official
112		-	Code § 47-1378.
113		-	(2) The Mayor shall make every effort to make DC HAF payments as quickly as
114		-	practicable to qualified homeowners, their representatives, or housing or financing entities to
115		-	which a homeowner is indebted to cure any debts or defaults eligible for assistance.
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117		-	Sec. 3. Applicability.
118		-	This act shall apply as of October 16, 2024.
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120		-	Sec. 4. Fiscal impact statement.
121		-	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact
122		-	statement required by section 4a of the General Legislative Procedures Act of 1975, approved
123		-	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
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125		-	Sec. 5. Effective date.
126		-	This act shall take effect following approval by the Mayor (or in the event of a veto by
127		-	the Mayor, action by the Council to override the veto) and shall remain in effect for no longer
128		-	than 90 days, as provided for emergency acts of the Council of the District of Columbia in
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134		-	ENROLLED ORIGINAL
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140		-	section 412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87
141		-	Stat. 788; D.C. Official Code§ 1-204.12(a)).
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146		-	______________________________
147		-	Chairman
148		-	Council of the District of Columbia
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154		-	_________________________________
155		-	Mayor
156		-	District of Columbia
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	6	+	5
	7	+	A PROPOSED RESOLUTION 6
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	9	+	__________ 8
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	11	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 10
	12	+	11
	13	+	__________ 12
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	15	+	To declare the existence of an emergency, due to congressional review, with respect to the need 14
	16	+	to continue foreclosure protections for homeowners who applied for funding from the DC 15
	17	+	Homeowner Assistance Fund (“DC HAF") program before September 30, 2022 and 16
	18	+	whose applications remain under review, pending approval, pending payment, or under 17
	19	+	appeal, and to require that notices continue to be sent to homeowners informing them of 18
	20	+	the DC HAF program before a foreclosure action. 19
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	22	+	RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 21
	23	+	resolution may be cited as the “Foreclosure Moratorium and Homeowner Assistance Fund 22
	24	+	Coordination Congressional Review Emergency Declaration Resolution of 2024” . 23
	25	+	Sec. 2. (a) On June 25, 2024, the Council passed the Foreclosure Moratorium and 24
	26	+	Homeowner Assistance Fund Coordination Emergency Amendment Act of 2024 (D.C. Act 25 -25
	27	+	514; 71 DCR 9340) , which was enacted on July 18, 2024, and expires on October 16, 2024. 26
	28	+	(b) On July 9, 2024, the Council passed a corresponding Foreclosure Moratorium and 27
	29	+	Homeowner Assistance Fund Coordination Temporary Amendment Act of 2024 ( D.C. Act 25-28
	30	+	533; 71 DCR 9942) , which was transmitted to Congress on August 6, 2024, and is projected to 29
	31	+	become law on December 7, 2024. 30
	32	+	(c) This emergency legislation is necessary to prevent a gap in the law between the 31
	33	+	expiration of the emergency act and the effective date of the temporary act. 32 2
	34	+	Sec. 3. The Council determines that the circumstances enumerated in section 2 constitute 33
	35	+	emergency circumstances making it necessary that the Foreclosure Moratorium and Homeowner 34
	36	+	Assistance Fund Coordination Congressional Review Emergency Amendment Act of 2024 be 35
	37	+	adopted after a single reading. 36
	38	+	Sec. 4. This resolution shall take effect immediately. 37