7 | | - | |
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8 | | - | A RESOLUTION |
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9 | | - | |
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10 | | - | 25-79 |
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11 | | - | |
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12 | | - | IN THE COUNCIL OF THE DISTRICT OF COLUMBIA |
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13 | | - | |
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14 | | - | March 7, 2023 |
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| 5 | + | 2 |
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| 6 | + | _______________________________ 3 |
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| 7 | + | Councilmember Robert C. White, Jr. 4 |
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| 8 | + | 5 |
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| 9 | + | A PROPOSED RESOLUTION 6 |
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| 10 | + | ________ 7 |
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| 11 | + | 8 |
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| 12 | + | IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 9 |
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| 13 | + | ______________________ 10 |
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| 14 | + | 11 |
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| 15 | + | To declare the existence of an emergency with respect to the need to amend the Rental Housing 12 |
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| 16 | + | Act of 1985 to enact a moratorium on applications for, and the Mayor’s issuance of, 13 |
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| 17 | + | certificates of assurance associated with District rent stabilization laws . 14 |
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| 18 | + | 15 |
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| 19 | + | RESOLVED, BY THE COUNCIL DISTRICT OF COLUMBIA, That this resolution 16 |
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| 20 | + | may be cited as the “Certificate of Assurance Moratorium Extension Emergency Declaration 17 |
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| 21 | + | Resolution of 2023”. 18 |
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| 22 | + | Sec. 2. (a) Section 221 of the Rental Housing Act of 1985 (D.C. Code § 42-19 |
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| 23 | + | 3502.21) allows owners of housing accommodations to apply for certificates of assurance 20 |
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| 24 | + | from the Mayor, which would provide that in the event their properties become subject to 21 |
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| 25 | + | any rent stabilization, the owners would recover in the form of a District real estate tax 22 |
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| 26 | + | credit the difference between the annual fair market rents and the annual amount of 23 |
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| 27 | + | stabilized rents the owners receive from the tenants in the housing accommodations . 24 |
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| 28 | + | (b) Because the certificate of assurance entitlement lasts for as long as the 25 |
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| 29 | + | properties remain housing accommodations , the entitlement may create a potentially 26 |
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| 30 | + | prohibitive fiscal impact on future legislation . 27 |
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| 31 | + | (c) Implementation barriers and concerns kept the program from ever being fully 28 |
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| 32 | + | operational. 29 2 |
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17 | | - | To declare the existence of an emergency with respect to the need to amend the Rental |
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18 | | - | Housing Act of 1985 to enact a moratorium on applications for, and the Mayor’s |
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19 | | - | issuance of, certificates of assurance associated with District rent stabilization laws . |
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20 | | - | |
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21 | | - | RESOLVED, BY THE COUNCIL DISTRICT OF COLUMBIA, That this resolution |
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22 | | - | may be cited as the “Certificate of Assurance Moratorium Extension Emergency Declaration |
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23 | | - | Resolution of 2023”. |
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24 | | - | |
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25 | | - | Sec. 2. (a) Section 221 of the Rental Housing Act of 1985 (D.C. Code § 42- |
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26 | | - | 3502.21), allows owners of housing accommodations to apply for certificates of |
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27 | | - | assurance from the Mayor, which would provide that in the event their properties |
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28 | | - | become subject to rent stabilization , the owners would recover in the form of a District |
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29 | | - | real estate tax credit the difference between the annual fair market rents and the annual |
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30 | | - | amount of stabilized rent s the owners receive from the tenants in the housing |
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31 | | - | accommodations. |
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32 | | - | (b) Because the certificate of assurance entitlement lasts for as long as the |
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33 | | - | properties remain housing accommodations , the entitlement may create a potentially |
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34 | | - | prohibitive fiscal impact on future legislation . |
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35 | | - | (c) Implementation barriers and concerns kept the program from ever being |
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36 | | - | fully operational. |
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37 | | - | (d) On September 22, 2020, the Council passed t he Certificate of Assurance |
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38 | | - | Moratorium Emergency Amendment Act of 2020, enacted November 2, 2020 ( D.C. |
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39 | | - | Act 23-454; 67 DCR 13216), which placed an emergency moratorium on applications |
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40 | | - | for, and the Mayor’s issuance of, certificates of assurance to owners of housing |
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41 | | - | accommodations. The Council has passed further emergency and temporary legislation |
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42 | | - | in 2021 and 2022 to extend the moratorium. |
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43 | | - | (e) The Certificate of Assurance Moratorium Emergency Amendment Act of |
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44 | | - | 2023 is necessary to maintain the status quo and give the Council time to carefully |
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45 | | - | deliberate an appropriate course of action regarding certificates of assurance. |
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46 | | - | |
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47 | | - | Sec. 3. The Council of the District of Columbia determines that the circumstances |
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48 | | - | enumerated in section 2 constitute emergency circumstances making it necessary that the ENROLLED ORIGINAL |
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49 | | - | |
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50 | | - | |
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51 | | - | |
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52 | | - | |
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53 | | - | 2 |
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54 | | - | |
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55 | | - | Certificate of Assurance Moratorium Extension Emergency Amendment Act of 2023 be |
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56 | | - | adopted after a single reading. |
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57 | | - | |
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58 | | - | Sec. 4. This resolution shall take effect immediately. |
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59 | | - | |
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| 35 | + | (d) On September 22, 2020, the Council passed the Certificate of Assurance 30 |
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| 36 | + | Moratorium Emergency Amendment Act of 2020 (Bill 23-0900), which placed an 31 |
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| 37 | + | emergency moratorium on applications for, and the Mayor’s issuance of, c ertificates of 32 |
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| 38 | + | assurance to owners of housing accommodations. 33 |
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| 39 | + | (d) On June 29, 2021, the Council passed t he Certificate of Assurance Moratorium 34 |
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| 40 | + | Extension Emergency Amendment Act of 2021 (Bill 24 -0314) and the Certificate of 35 |
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| 41 | + | Assurance Moratorium Extension Temporary Amendment Act of 2021 (Bill 24 -0315) to 36 |
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| 42 | + | extend the moratorium. 37 |
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| 43 | + | (e) On May 3, 2022, the Council passed the Certificate of Assurance Moratorium 38 |
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| 44 | + | Extension Emergency Amendment Act of 2022 (Bill 24 -0772) and the Certificate of 39 |
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| 45 | + | Assurance Moratorium Extension Temporary Amendment Act of 2022 (Bill 24- 0773) to 40 |
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| 46 | + | again extend the moratorium. 41 |
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| 47 | + | (f) The Certificate of Assurance Moratorium Emergency Amendment Act of 2023 42 |
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| 48 | + | is necessary to maintain the status quo and give the Council time to carefully deliberate 43 |
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| 49 | + | an appropriate course of action reg arding certificates of assurance. 44 |
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| 50 | + | Sec. 3. The Council of the District of Columbia determines that the circumstances 45 |
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| 51 | + | enumerated in section 2 constitute emergency circumstances making it necessary that the 46 |
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| 52 | + | Certificate of Assurance Moratorium Extension Emergency Amendment Act of 2023 be adopted 47 |
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| 53 | + | after a single reading. 48 |
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| 54 | + | Sec. 4. This resolution shall take effect immediately. 49 |
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