ENROLLED ORIGINAL
1
A RESOLUTION
25-79
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
March 7, 2023
To declare the existence of an emergency with respect to the need to amend the Rental
Housing Act of 1985 to enact a moratorium on applications for, and the Mayor’s
issuance of, certificates of assurance associated with District rent stabilization laws .
RESOLVED, BY THE COUNCIL DISTRICT OF COLUMBIA, That this resolution
may be cited as the “Certificate of Assurance Moratorium Extension Emergency Declaration
Resolution of 2023”.
Sec. 2. (a) Section 221 of the Rental Housing Act of 1985 (D.C. Code § 42-
3502.21), allows owners of housing accommodations to apply for certificates of
assurance from the Mayor, which would provide that in the event their properties
become subject to rent stabilization , the owners would recover in the form of a District
real estate tax credit the difference between the annual fair market rents and the annual
amount of stabilized rent s the owners receive from the tenants in the housing
accommodations.
(b) Because the certificate of assurance entitlement lasts for as long as the
properties remain housing accommodations , the entitlement may create a potentially
prohibitive fiscal impact on future legislation .
(c) Implementation barriers and concerns kept the program from ever being
fully operational.
(d) On September 22, 2020, the Council passed t he Certificate of Assurance
Moratorium Emergency Amendment Act of 2020, enacted November 2, 2020 ( D.C.
Act 23-454; 67 DCR 13216), which placed an emergency moratorium on applications
for, and the Mayor’s issuance of, certificates of assurance to owners of housing
accommodations. The Council has passed further emergency and temporary legislation
in 2021 and 2022 to extend the moratorium.
(e) The Certificate of Assurance Moratorium Emergency Amendment Act of
2023 is necessary to maintain the status quo and give the Council time to carefully
deliberate an appropriate course of action regarding certificates of assurance.
Sec. 3. The Council of the District of Columbia determines that the circumstances
enumerated in section 2 constitute emergency circumstances making it necessary that the ENROLLED ORIGINAL
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Certificate of Assurance Moratorium Extension Emergency Amendment Act of 2023 be
adopted after a single reading.
Sec. 4. This resolution shall take effect immediately.