1 1 2 _______________________________ 3 Councilmember Robert C. White, Jr. 4 5 A PROPOSED RESOLUTION 6 ________ 7 8 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 9 ______________________ 10 11 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 15 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