District Of Columbia 2023 2023-2024 Regular Session

District Of Columbia Council Bill PR25-0124 Introduced / Bill

Filed 03/06/2023

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Councilmember Robert C. White, Jr. 4 
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A PROPOSED RESOLUTION  6 
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 9 
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To declare the existence of an emergency with respect to the need to amend the Rental Housing 12 
Act of 1985 to enact a moratorium on applications for, and the Mayor’s issuance  of, 13 
certificates of assurance associated with District rent stabilization laws	. 14 
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RESOLVED, BY THE COUNCIL DISTRICT OF COLUMBIA, That this resolution 16 
may be cited as the “Certificate of Assurance Moratorium Extension Emergency Declaration 17 
Resolution of 2023”. 18 
Sec. 2. (a) Section 221 of the Rental Housing Act of 1985 (D.C. Code § 42-19 
3502.21) allows owners of housing accommodations to apply for certificates of assurance 20 
from the Mayor, which would provide that in the event their properties become subject to 21 
any rent stabilization, the owners would recover in the form of a District real estate tax 22 
credit the difference between the annual fair market rents and the annual amount of 23 
stabilized rents the owners receive from the tenants in the housing accommodations	.  24 
(b) Because the certificate of assurance 	entitlement lasts for as long as the 25 
properties remain housing accommodations	, the entitlement may create a potentially 26 
prohibitive fiscal impact on future legislation	.  27 
(c) Implementation barriers and concerns kept the program from ever being fully 28 
operational.  29  2 
 
 
(d) On September 22, 2020, the Council passed the Certificate of Assurance 30 
Moratorium Emergency Amendment Act of 2020 	(Bill 23-0900), which placed an 31 
emergency moratorium on applications for, and the Mayor’s issuance of, c ertificates of 32 
assurance to owners of housing accommodations.  33 
(d) On June 29, 2021, the Council passed t he Certificate of Assurance Moratorium 34 
Extension Emergency Amendment Act of 2021 (Bill 24	-0314) and the Certificate of 35 
Assurance Moratorium Extension Temporary Amendment Act of 2021 (Bill 24	-0315) to 36 
extend the moratorium. 37 
(e) On May 3, 2022, the Council passed the Certificate of Assurance Moratorium 38 
Extension Emergency Amendment Act of 2022 (Bill 24	-0772) and the Certificate of 39 
Assurance Moratorium Extension Temporary Amendment Act of 2022 (Bill 24-	0773) to 40 
again extend the moratorium. 41 
(f) The Certificate of Assurance Moratorium Emergency Amendment Act of 2023 42 
is necessary to maintain the status quo and give the Council time to carefully deliberate 43 
an appropriate course of action reg	arding certificates of assurance. 44 
Sec. 3. The Council of the District of Columbia determines that the circumstances 45 
enumerated in section 2 constitute emergency circumstances making it necessary that the 46 
Certificate of Assurance Moratorium Extension Emergency Amendment Act of 2023 be adopted 47 
after a single reading. 48 
Sec. 4. This resolution shall take effect immediately. 49